A political oversight committee co-chaired by the deputy ministers of Finance and Cooperative Governance has been established to direct national government intervention at the troubled Ditsobotla Local Municipality in the North West. This development comes as eight municipalities in the Free State have simultaneously been placed under administration in terms of Section 139 of the Constitution.
Governance expert Professor Sam Koma provided analysis on the constitutional mechanism and its practical application. According to Professor Koma, Section 139 is typically invoked when provincial government identifies serious collapse or governance deficits relating to political, administrative, or financial matters within a municipality. The relevant Member of the Executive Council for local government then requests provincial intervention.
The constitutional provision enables several measures, ranging from issuing directives outlining urgent corrective actions to the more drastic step of dissolving a municipal council, which would trigger by-elections. Professor Koma noted that between 2019 and 2020, approximately 14 of the North West’s 24 municipalities were placed under such provincial interventions.
However, Professor Koma highlighted that empirical evidence, including Auditor-General reports and other official assessments, demonstrates these interventions have not yielded tangible or desired results. “The reality is that Section 139 interventions have not yielded any desired results,” Professor Koma stated, describing the instrument as often functioning as a “blunt instrument.”
While Section 139 provides constitutional safeguards allowing national and provincial governments to intervene—including appointing an administrator with a dedicated timeline, typically 12 months, and a clear action plan—the mechanism does not automatically inject new funding into insolvent municipalities. Professor Koma explained that the National Treasury’s role focuses on financial recovery measures, including improving revenue collection, ensuring proper financial management, and supporting the acquisition of skilled personnel for critical posts.
As an example of Treasury’s leverage, Professor Koma referenced a letter from Finance Minister Enoch Godongwana to Johannesburg Mayor Dada Morero regarding urgent financial issues at the municipality, warning that failure to address them could result in the suspension of equitable grant transfers.
Administrators appointed under Section 139 operate under defined timelines and must report regularly to provincial and national government on turnaround strategies. While appointments are typically for 12 months, they may be renewed under exceptional circumstances.
Looking forward, Professor Koma pointed to the draft White Paper on Local Government, recently gazetted by the Minister of Cooperative Governance and Traditional Affairs, Velenkosini Hlabisa. The policy proposal includes establishing a permanent, statutory Local Government Commission. This body would aim to ensure the local government system is adequately capacitated, efficient, and responsive to community needs, while also serving as an early-warning mechanism to counter the ad-hoc interventions that have shown limited success.
