LOUIS TRICHARDT – The Makhado Municipal Council this week pushed through a highly controversial resolution regarding cellphone allowances for councillors, despite being warned by the MEC for Local Government and Housing to adhere to the Remuneration of Public Office Bearers Act and to immediately terminate all benefits which were not provided for by the regulations.

After this item was put on the agenda of a monthly council meeting in October last year, the MEC for Local Government and Housing in January this year warned Council that this item is against the spirit of the Remuneration of Public Office Bearers Act (no. 20 of 1998), as the Act does not allow for the payment of telephone allowances to councillors. At that stage the Municipal Manager, Mr Reuben Rambado conveyed this massage to Council and said that Council's resolution stating otherwise should no longer be implemented and that the payment of telephone allowances should be suspended with immediate effect.

However, during Tuesday's monthly council meeting Council adopted a resolution that will enable councillors to each receive a cellphone allowance of R500 per month. The resolution amongst others states that all councillors must make use of contract cellular phones so as to make it easier for administration purposes. Councillors can furthermore chose their own service provider who must supply the phone, the phones will however stay the property of Council. In addition, no allowance will be paid directly into a councillor's account but instead the amount will be paid directly to the service provider by the municipality. Excessive cost will, however, be deducted directly from the monthly allowance of a councillor.

DA councillor, Marie Helm, who wanted to know how Council managed to come to this conclusion as council was warned by the MEC that such a resolution would be unlawful, met the resolution with an objection. Her objection was stifled when the rest of Council unanimously stated that the allowance must come into immediate effect.

In reaction, the Makhado Municipal Council on Wednesday released a statement wherein they give reasons for their decision. According to the statement, Act number 20 of 1998 is silent on cellphone allowances for councillors but only provides general guidelines and a broader overview. Furthermore, Government Gazette number 22726 notice number 999, which is the latest, is also silent on the issue of cellphone allowances. As a result, the municipality decided to provide a resolution, which will serve as council policy on cellphone allowances for councillors. The statement goes on to say that other municipalities within the district, such as Thulamela, Vhembe District and Musina, have adopted the same resolution a long time ago and that there was no harm in making this resolution. Moreover, it is stated that the allowances had been budgeted for in the 2002/3 budget.