Overview Challenges Affecting the Promotion of Good Corporate Governance Measures in Mahikeng Local Municipality

Authors

  • Howard Chitimira North-West University
  • Tumelo Sethunyane North West University
  • Phemelo Magau North West University

Keywords:

accountability, corporate governance, municipal manager, maladministration

Abstract

The adoption of poor corporate governance measures has to date given rise to many problems of corruption, embezzlement of public funds and maladministration in several municipalities in South Africa, including the Mahikeng local municipality. The Mahikeng local municipality has had a bad reputation of corruption, embezzlement of public funds and maladministration challenges in the recent years. These challenges are reportedly perpetrated by the municipal manager who is responsible for the management of the municipal budget and related funds. Moreover, irregular expenditure, wasteful and irregular expenditure, non-compliance with the relevant laws, poor management, political interference, lack of political will and lack of accountability are further challenges that have crippled the proper and effective management of the Mahikeng local municipality. In light of this, this article investigates the adequacy and enforcement of the relevant laws to promote good corporate governance in Mahikeng local municipality. This is done to recommend the adoption and utilisation of good corporate governance principles and related measures to, inter alia, promote accountability and consequent management of the Mahikeng local municipality.

Author Biography

Howard Chitimira, North-West University

Associate Professor, Faculty of Law

References

References
Ambe, I.M. & Badenhorst-Weiss, J.A. (2012). “Procurement Challenges in the South African Public Sector”. Journal of Transport and Supply Chain Management, 6(1), pp. 242-261.
Auditor-General South Africa. (2018a). “Consolidated General Report on National and Provincial Audit Outcomes Public Finance Management Act 2017/2018”. General Report, pp. 1-139.
Auditor General South Africa. (2019). “Consolidated General Report on the Local Government Audit Outcomes Municipal Finance Management Act 2018/2019”. General Report, pp. 1-212.
Auditor General. (2018b). “Auditor General Reports an Overall Deterioration in the Audit Results of National and Provincial Governments Departments and their Entities”. Media Release.
Bekink, B. (2006). The Restructuring (Systemization) of Local Government under the Constitution of the Republic of South Africa, 1996. LLD thesis: University of Pretoria.
Bogopa, M.J. (2013). “Challenges of Local Government in South Africa”. South African Association of Public Administration and Management Conference Proceedings, pp. 112-120.
Botlhoko, T.S. (2017). Promoting Effective Financial Accountability in Local Government in the North West Province: Developing Operational Guidelines for Municipal Public Accounts Committees. PHD thesis: Central University of Technology.
Davis, D. & Geach, W. (2013). Companies and Other Business Structures in South Africa. 3ed, Southern Africa: Oxford University Press.
Gaedie, I.J. (2015). Assessment of Basic Service Delivery in Mahikeng Local Municipality. Masters dissertation: North West University.
Horn, G.S. & Raga, K. (2012) “Municipal Supply Chain Management Challenges and Solutions: An Empirical Study”. Administratio Publica, 20(3), pp.71-91.
Joubert, W.A. & Faris, J.A. (2008). The Law of South Africa: Local Government 2nd ed, Durban: Lexis Nexis.
Luhabe N (2017). North West on Mahikeng Local Municipality’s Lack of Compliance on Supply Chain Management Laws. South African Government Media Statement.
Manyaka, R.K. & Madzivhandila, T.S. (2013). “The Implementation of Integrated Development Plan for Service Delivery Purpose in South African Municipalities: Are We there Yet”. South African Association of Public Administration and Management, pp. 174-185.
Mathiba, G.L. (2019a). The Role of the Auditor-General in the Promotion of Efficient Financial Management in Municipalities: A Case Study of the North West Province. LLM dissertation: University of Western Cape.
Mathiba, G. (2019b). “Time to Clean Out the Augean Stables of Local Government”. Daily Maverick, 28 May 2019.
Mahikeng Local Municipality. (2017). Mahikeng Local Municipality Annual Report 2015/16, pp. 1-523.
Mahikeng Local Municipality. (2019). The Mahikeng Local Municipality Annual Report 2018/2019, pp. 1-705.
Theletsane, K.I. (2013). “Corruption in Municipalities: A Leadership Crisis”. South African Association of Public Administration and Management Conference Proceedings, pp. 134-142.
Tau, P. (2019). “6 ANC Councillors’ Houses Among 8 Torched in Violent North West Protest”. City Press.
Twala, C. (2014). “The African National Congress (ANC) and the Cadre Deployment Policy in the Post-Apartheid South Africa: A Product of Democratic Centralisation or a Recipe for a Constitutional Crisis?”. Journal of Social Sciences, 41(2), pp. 159-165.
De Visser, J. (2001). “Roles and Responsibilities of the Municipal Manager”. University of Western Cape Community Law Centre Local Government Working Paper Series No. 1, pp. 1-11.
Sethunyane, T.I. (2020). Statutory Regulatory Analysis of the Accountability of the Municipal Manager and Corporate Governance Measures in Mahikeng Local Municipality. LLM dissertation: North West University.
Case Law
Ngaka Modiri Molema District Municipality v Chairperson, North West Provincial Executive Committee and Others [2014] ZACC 31.
City of Cape Town and Other v Robertson and Other 2005 2 SA 323 (CC).
Mhana and Others v Ngqwebo (CA 65/2011) [2011] ZAECGHC 90.
Legislation
Companies Act 71 of 2008.
Constitution of the Republic of South Africa, 1996.
Municipal Finance Management Act 56 of 2003.
Municipal Systems Act 32 of 2000.
Municipal Structures Act 117 of 1998.
Public Audit Act 25 of 2004.
Remuneration of Public Office Bearers Act 20 of 1998.
Regulations
GN R31 in GG 40553 20 January 2017.

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Published

2021-11-11

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Section

Studies and Articles