The Democratic Alliance (DA) has written to Raymond Ngcobo the Municipal Manager (MM) of UMgungundlovu District Municipality instructing him to comply with Schedule 2 of the Municipal Structures Act of 1998 and subsequent council resolutions.
This comes after Ngcobo took it upon himself to withhold salaries from DA Councillors. Ngcobo is undermining both the IEC and council in “his” determination of seat allocations to the district municipality. This is unacceptable, Ngcobo should stay in his lane as seat allocations are not within his power.
The calculation of seats in a district municipality is done by the IEC after a Local Government Election based on Schedule 2 to the Municipal Structures Act of 1998, section 6 and 7 specifically. This determination is valid until the next election. Thus, the matter is an official decision of the IEC as endorsed by the council and must apply unless it is set aside by the High Court on review. The schedule does not give the IEC or the Council of the District Municipality or Local Municipality the authority to review or re-calculate the seat allocation.
Unless the DA is provided with the court order allowing a re-calculation, along with a formal re-calculation by the IEC, the calculation of seats, as done in August 2016, stands. DA Councillors whose salaries have been withheld unlawfully should be immediately rectified. Failure to comply will leave the DA no option but to approach the High Court for the appropriate relief on an urgent basis.