DA to seek legal opinion on Mokonyane’s extention of Myeni’s term
20 October 2016
The DA is to seek a legal opinion from Parliament’s Legal Services on the unlawful extension of Dudu Myeni’s third term as the Chairperson of the uMhlatuze Water Board, amounting to a total of 14 years in this position despite the Water Services Act (WSA) only permitting a chairperson to serve for a maximum of three consecutive terms of no more than four years each, adding up to a maximum of 12 years in total.
The DA will also enlist legal guidance as to the process followed by Minister of Water and Sanitation, Nomvula Mokonyane in merging the uMhlatuze and Mgeni Water Boards to create a single provincial water board and the subsequent appointment of Myeni as interim chair of this board.
We have asked parliamentary questions about Myeni’s position at uMhlatuze Water Board, and received a reply in which the Minister confirms that Myeni’s term had been extended “until such time as a new board can be put into place.” The Minister also seeks to rely on the Public Finance Management Act (PFMA) to justify her unfettered abuse of power. All powers granted to the Minister by the PFMA must however still be exercised within the law, and thus the Minister cannot simply ignore the restrictions set by the WSA. The Minister’s reply is arrogant and disdainful.
The Minister is yet to answer our questions on when she expects this process to be finalised, and thus for the time being we have no idea when this board will be appointed.
After Myeni’s first two terms of four years each, her third term has now been extended twice – way past the legally allowed four years. Myeni is currently serving out her sixth year of her third term at the helm of Mhlatuze Water Board. Thus Myeni, in practical terms, has had her position as Chair of Mhlatuze Board indefinitely extended, in an unlawful manner.
It is unfathomable that Myeni will remain Chairperson of uMhlatuze Water Board despite the gross mismanagement of the finances at the board and the strict legislation clearly pointing to the fact that her time is up.
Issued by Tarnia Baker, DA Member on the Water and Sanitation Portfolio Committee, 20 October 2016
