Will councillors be required to pay out of their own personal pockets for reckless managing of taxpayers’ interests?

Indeed so, according to Mr André Naudé, chairperson of the Chairpersons Association and attorney.

"Councillors are playing with fire. And they will be burnt. In terms of the Finance Act, Act 2 of 2007, section 3, the guideline is that officials can be held responsible. We have placed on record that every councillor will be held responsible in his/her personal capacity. A councillor must not think that it will help to quit as councillor or to relocate, if a decision was taken while a councillor was in office, he/she will still be held responsible," Mr Naudé said.

In a letter to the mayor, the CA requested a copy of the attendance register of all the councillors who attended the special council meeting on April 12 where a resolution was taken to restart the name change process. The letter states that, if a wrong procedure or any administratively unjust practises are followed, those councillors will be cited. The court will then be requested that a special punitive cost order be made against such councillors and that they will be held responsible for all damages.

"I wish to place on record that this letter is sent to you with prejudice of rights and will be used against the council and its councillors and any other authority who may be involved in any court cases that may follow," reads the letter.

Referring to this clause in the letter, Makhado Municipality’s official spokesperson, Mr Peter Magwala, declined to comment. He did, however, say that Council will react within the specified time of the expected answer, which should be before middle June.

Councillor Rufus Selepe volunteered an opinion in his own individual capacity. On the matter of councillors having to pay from their own pockets, he emphasised that he was not speaking in his capacity as chief whip of the ANC, but as an individual.

"I don’t see the possibility of that happening. To me, it’s like a dream. I am not frightened by anybody coming up with his own idea. We are a government that has responsibility and does things for the majority. In everything we do, we have our own legal advisors," Selepe said.

Cllr Brian du Plooy, chief whip of the DA, said he was in favour of the individual responsibility of every councillor.

Cllr Marie Helm of the ACDP said that she supported the principle of councillors´ taking financial responsibility in their personal capacity. She said, however, that she was not sure of the applicability of the specific section of the Act. Section 3 reads "This Act does not detract from or limit any right or obligation to take appropriate steps to recover unauthorised expenditure from a responsible official or former official."

Mr Naudé maintained that those involved in the processes can be held responsible for damage when there is negligent and reckless managing of funds.

"Councillors are called to accountability. The honeymoon is over. There is no longer indemnity because you are a councillor," Naudé said last week. He also referred to the auditor general’s report with regard to Council’s financial statements for the 2005/2006 financial year. The report consisted of numerous comments on irregularities, incorrect entries, misstatements, unknown amounts and discrepancies.