The Democratic Alliance (DA) has opened criminal cases against two municipal managers in the Eastern Cape, accusing them of deliberate or grossly negligent financial mismanagement as permitted under the Municipal Finance Management Act (MFMA).
Charges and context
DA parliamentary leader George Michalakis laid charges at Grahamstown and Kirkwood police stations on Monday against Makana municipal manager Pumelelo Kate and Sundays River Valley municipal manager Thabiso Klaas. The party invoked Section 173(1) of the MFMA, which creates criminal liability for municipal managers who wilfully or through gross negligence fail in their duties with respect to financial management and reporting.
Both municipalities have received the worst possible audit outcome — a disclaimed audit — for the past seven financial years, the DA said. Disclaimed opinions indicate pervasive problems with record‑keeping, internal controls and financial reporting.
“Mr Kate and Mr Klaas are not effectively turning the ship around, having been at the helm for considerable periods,” Michalakis said.
Service delivery consequences in Makana and Sundays River Valley
The DA highlighted ongoing service problems tied to the governance issues. Makana residents continue to rely on purchased water after authorities previously detected E. coli in the municipal supply, leaving households unable to use tap water for drinking. In Sundays River Valley the DA warned the municipality is on course for insolvency unless the province intervenes.
Neither the municipal managers named in the DA statement nor the municipalities themselves provided comment in the DA’s release. Police confirmations of case numbers and formal statements from SAPS were not included in the DA’s announcement.
Part of a national campaign
The Eastern Cape actions form part of a national DA campaign announced on 13 August that targets municipal managers in poorly performing municipalities across several provinces. The party said it had initiated criminal complaints against a total of 10 municipal managers across nine municipalities.
| Province | Municipality | Manager named |
|---|---|---|
| Eastern Cape | Makana | Pumelelo Kate |
| Eastern Cape | Sundays River Valley | Thabiso Klaas |
| Free State | Masilonyana | Majalefa Matlole |
| Free State | Nketoana | Mokete Solomon Nhlapo |
| Free State | Mohokare | Mopedi Mohale |
| Free State | Maluti‑A‑Phofung | Matthews Mofokeng |
| Free State | Maluti‑A‑Phofung | Futhulu Patrick Mothamaha |
| North West | Ditsobotla | Olaotse Bojosinvane |
| North West | Ngaka Modiri Molema District | Olehile Allan Losaba |
| Western Cape | Kannaland | Advocate Dillo Sereo |
Legal and political dimensions
The DA said its action is aimed at holding municipal managers personally accountable where poor governance has produced repeated disclaimed audits and where corrective steps have not been taken. The party has also attempted similar actions in the past and, in the Western Cape case, proceeded despite legal resistance from a municipal manager who sought to block the complaint.
Section 173(1) prosecutions require the State to show deliberate conduct or gross negligence on the part of a municipal manager. Criminal investigations and any subsequent prosecutions will be conducted by the South African Police Service. The outcomes will depend on the strength of evidence collected during those inquiries.
What this means locally
For residents in Makana and Sundays River Valley, the DA’s filings seek to connect management accountability with tangible service outcomes — safe drinking water, functioning finances and stable administration. If prosecutions proceed, they could set a precedent for how municipal managers are held to account for repeated audit failures.
- Immediate impact: Formal criminal complaints lodged at local police stations in Grahamstown and Kirkwood.
- Key legal basis: Section 173(1) of the Municipal Finance Management Act.
- Broader campaign: Part of DA action against 10 municipal managers across several provinces.
Further developments should be monitored through SAPS announcements and audit outcomes from the Auditor‑General, which will indicate whether financial controls and record‑keeping have improved.
