Municipal Manager
By Mpho Moloi
Former Municipal Manager of the Dr JS Moroka Municipality in Mpumalanga, Thami Kubheka, has been sentenced to either two years in jail or a R50,000 fine. The Middelburg Specialised Commercial Crimes Court in Mbombela handed down his sentence yesterday.
Kubheka was found guilty of contravening the Municipal Finance Management Act (MFMA) following his irregular appointment of six service providers during his tenure at the Dr JS Moroka Local Municipality in Siyabuswa. These unlawful appointments resulted in a financial loss of R1.8 million for the municipality.
The irregularities came to light in 2022, leading to Kubheka’s arrest. The court’s decision underscores the judiciary’s commitment to upholding financial governance within municipal structures.
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Background on the Dr JS Moroka Municipality
The Dr JS Moroka Local Municipality has faced governance challenges in recent years. In 2021, the municipality was placed under administration due to concerns about its financial management and service delivery failures. An administrator was appointed to oversee its operations and implement corrective measures.
The municipality’s 2022/2023 Annual Report highlighted efforts to address previous shortcomings and improve service delivery. However, the irregular appointments made during Kubheka’s tenure added to the municipality’s challenges, emphasizing the need for stringent adherence to procurement regulations and financial management practices.
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Legal Proceedings and Implications
Kubheka’s sentencing serves as a cautionary tale for public officials about the consequences of flouting financial management laws. The MFMA is designed to ensure transparency, accountability, and sound management of revenue, expenditure, assets, and liabilities in municipalities. Breaches of this act not only lead to financial losses but also erode public trust in local government institutions.
The court’s decision reflects a broader commitment to combating corruption and maladministration within South Africa’s public sector. By holding officials accountable, the judiciary aims to deter similar misconduct in other municipalities, promoting a culture of integrity and responsibility.
During the sentencing, the presiding judge emphasized the need for municipal officials to act in the best interests of the communities they serve. The judge stated, “Municipal finances are meant for service delivery, not for enriching a select few. Those who misuse public funds will face the full might of the law.”
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How the Irregular Appointments Unfolded
Kubheka’s case stems from the irregular appointment of six service providers in 2022. According to court documents, these appointments did not follow proper procurement processes, violating the MFMA’s requirement for fair and transparent tendering. The municipality suffered a direct financial loss of R1.8 million due to these unlawful transactions.
Investigations revealed that some of the appointed service providers were not adequately vetted, while others did not have the necessary capacity to fulfil their contractual obligations. This led to service delivery disruptions and financial strain on the municipality.
Following an internal audit, the matter was reported to the Hawks, who launched a criminal investigation. Kubheka was subsequently arrested and charged with financial misconduct.
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