It was a solemn occasion when the ratepayers met with the police to see whether pressure on the Makhado municipal manager could eventually result in better service delivery. The meeting occurred while most parts of  Louis Trichardt and surrounds struggle with a lack of water, a basic necessity.

The Soutpansberg Ratepayers Association (SRPA) requested the SAPS on 24 January to investigate criminal charges against Mr Shadrack Tshikalange in his capacity as municipal manager and accounting officer of the municipality. This investigation will be in terms of the Municipal Finance Management Act (Act 56 of 2003) and according to the auditor general's report for the financial year ended 30 June 2010.

The SRPA, chaired by Ms Inga Gilfillan, says that the report implies that the accounting officer, as well as the chief financial officer had committed acts of financial misconduct, both in terms of disciplinary and criminal proceedings.

The station commander, Col Francis Ramovha, signed acknowledgement of receipt of all the documentation. “We will take your issues to the next level. Inga must not be able to say that we blocked the issues. We need to be transparent,” said Ramovha. He explained that the next level is the commercial unit in Polokwane and assigned  Lt Col Monica Nemavhola to assist Gilfillan to register the case.

Tshikalange was made aware of the impending investigation for criminal charges on 14 November last year. He had 30 days to respond. “Since the Makhado municipal council as well as the municipal manager failed to respond, we requested the police to investigate the municipal manager’s contravention of the MFMA,” Gilfillan said.

A letter was also written to the Public Protector, Adv Thuli Madonsela.

“We write in a desperate attempt to save our community as our services are lacking very far behind. We are a very concerned community regarding our local Makhado Municipality. Big financial woes are extensively and widely hampering service delivery and basic maintenance in our town, Louis Trichardt, and the bigger area surrounding us…” reads the letter. Concerning the 2009/2010 AG Report that issued a disclaimer of opinion regarding the financial matters of the  municipality, the SRPA said that there is “absolutely no regard for any financial system, procedures or law”.

The AG Report of 2009/2010 stated that the accounting officer had not adhered to his statutory responsibilities.  He did not comply with his legislative  responsibilities to implement effective, efficient and transparent processes of financial and risk management.  As a result, the municipality incurred unauthorised expenditure.  Asset and liability management was not adhered to and proper record keeping and management were not in place. Oversight responsibility was not exercised over reporting and compliance by management with laws, regulations and internally designed policies and procedures.

The SRPA mentioned to the Public Protector that the municipality's outstanding debts amount to R194million.

It is not the first time that the SRPA has considered criminal charges against the municipal manager. In 2010, the SRPA served the municipal manager with a letter giving him 30 days to explain why possible criminal charges should not be laid, based on the 2008/2009 AG's report.  In February last year, the period to answer was extended by six months. The SRPA received an answer to the effect that the municipal manager was not in office during the time referred to by the AG's report.  The possible charges were laid to rest.

“This time round that excuse will not hold. We are driving the process in the faith that service delivery will return to normal and that taxpayers will get value for their money. We have no vendetta against the municipal manager, “ said Gilfillan on Tuesday.

In response, Tshikalange told the Zoutpansberger that he would respond to the issue on Friday this week.