The Democratic Alliance (DA) in Limpopo welcomes the unanimous decision of the Limpopo Legislature’s Standing Committee on Petitions to open a criminal case against Vhembe District Municipality Executive Mayor, Cllr Freda Nkondo, following her contemptuous action of not appearing before the committee, despite being summoned to do so.
This decision follows the Mayor’s repeated failure to appear before the Committee—having ignored three scheduled appearances and two duly issued subpoenas.
The matter arises from a petition submitted in April 2024 by Mr Samuel Matodzinwas, a retired municipal chauffeur, who alleges that the Municipality owes him outstanding overtime payments dating back to 2011.
From the outset, the Municipality displayed blatant disregard for its legal obligations in terms of the Petitions Act. It failed to timeously submit responses to the Committee, necessitating numerous follow-ups. A formal reply was only received six months later, on 31 October 2024, from the Municipal Manager, Mr ZN Kutuma. Instead of addressing the core issues raised in the petition, Mr Kutuma arrogantly criticised the petitioner for approaching the Legislature, remarking further that ”should the Legislature adjudicate this matter as expected by the petitioner, it may set an unwarranted precedent.”
Such dismissive remarks reveal a fundamental misunderstanding of the Legislature’s constitutional and statutory responsibilities. It is deeply concerning that the accounting officer of a municipality has failed to acquaint himself with the provisions of the Petitions Act, which mandates the Committee to consider petitions with a view to settling disputes amicably.
Instead of cooperating with the Committee to mediate the matter, the Municipality, under the leadership of Mayor Nkondo, actively frustrated the process. Her outright refusal to appear before the Committee—even after being subpoenaed—demonstrates a shocking disregard for the rule of law and for the rights of citizens to have their grievances heard.
As a result of the Mayor’s obstructionist attitude, the Committee was unable to resolve the matter between the parties. The Committee has since recommended that the petition be referred to the Speaker of the Legislature for onward transmission to the Public Protector, in terms of Section 8(2)(e) of the Petitions Act.
Dissatisfied with the Mayor’s contemptuous conduct, I, on behalf of the DA, proposed in the Committee that criminal charges be laid against her under Section 11(1)(a) of the Petitions Act, which states that a person who fails to appear after being subpoenaed is guilty of an offence.
Section 12 of the same Act stipulates that such an offence is punishable by a fine, imprisonment for up to 12 months, or both.
The proposal was seconded and unanimously adopted by the Committee.
The supremacy of the law is a founding value of our Constitution. No public official is above the law. The Committee was resolute in its stance: the Executive Mayor must be held accountable for her wilful and deliberate defiance of legislative processes.
The DA believes in the supremacy of our Constitution and the Rule of Law.