The municipal manager of the Makhado Municipality was issued with a final warning to answer why the Soutpansberg Ratepayers Association should not proceed with criminal charges against him as accounting officer.

The attorneys of the SRPA confirmed that “unless the municipal manager responds to our notices on or before May 19 this year, our instructions are to proceed with the said criminal charges.” The SRPA is now getting ready to open a case in the event of another failure by the municipal manager to respond to their letter.

In November last year, the municipal manager, Mr Shadrack Tshikalange, received the first letter on the subject “Criminal charges against the accounting officer of the Makhado Municipality for the financial year ended June 30, 2009”. Added to the letter were the possible criminal charges that were considered, based on Section 173 of the Municipal Finance Management Act. They pertained to possible charges of unauthorized, irregular or fruitless and wasteful expenditure.

Article 62 says that the accounting officer (who is the municipal manager in the case of Makhado Municipality) is responsible for managing the financial administration of the municipality and must, for this purpose, take all reasonable steps to ensure that the resources of the municipality are used effectively, efficiently and economically. The accounting officer must ensure that full and proper records of the financial affairs of the municipality are kept in accordance with prescribed norms and standards.

The auditor general’s report for the financial year ended June 30, 2009, for the most part reflected the contrary.

The municipal manager received the first letter of the SRPA to this effect on November 19 last year. He failed to respond to the letter within the stipulated 30 days. At the annual general meeting (AGM) of the SRPA on February 15 this year, the ratepayers decided to postpone the filing of criminal charges for a period of six months from the date that the first notice had been served.

Mr. Chrisjan van der Berg, chairperson of the SRPA, said that the ratepayers acted in goodwill and to support good corporate governance in the municipal area.

“But if the municipal manager continues to stubbornly refuse to come clean or to answer to these charges, the SRPA is ready to continue,” Mr Van den Berg said. He added that during the AGM the municipal manager had a chance to address the ratepayers. Here the municipal manager said the municipality answered all letters.

“The fact that the municipal manager did not answer the first letter, is indeed a pity, since it seems as if he is not be trusted and as if his word is not worth much. I urge the municipal manager to have the courage to answer to the charges,” Van den Berg said.