Category: South Africa Government

The South African Weather Service (SAWS) has confirmed that several weather stations across the Namakwa District and the Western Cape have officially broken their long-standing maximum temperature records for March.

The weather service explained that the presence of a strong, slow-moving high-pressure weather system in the upper levels of the atmosphere has resulted in “extremely hot” conditions. 

Preliminary data from the SAWS show that several stations in the Western Cape have recorded their highest maximum temperatures in at least 11 years during the current heat wave event. 

“These temperatures exceed those recorded during a similar extreme heat event on 3 March 2015, when parts of the province, particularly the Cape Metropole, broke long-standing temperature records.

“The temperature reading of 46,6°C recorded at the Royal Cape Yacht Club (RCYC) has since been removed from the official records. 

“This specific station was installed primarily for wind monitoring to assist with maritime activities and regattas. The sensor is located on a rooftop to ensure proper wind exposure, at a placement that does not meet the World Meteorological Organisation (WMO) standards for temperature measurements,” SAWS said.

Consequently, temperature readings from this station are not representative of the actual ambient air conditions in the area, and the temperature sensor at this station has since been disabled.

When Will the Heat Wave End?

Current meteorological models indicate that the high-pressure system responsible for the heat will begin to weaken and shift away from the region towards the end of the week.

• Thursday, 12 March: Heat remains intense for the interior, particularly the Namakwa District and the interior of the Western Cape.
• Friday, 13 March: This is expected to be the final day of heat wave conditions, with a gradual cooling trend starting along the coast.
• Saturday, 14 March: A drop in temperatures is anticipated as the weather system moves out, bringing cooler, more seasonal conditions to the region.

Until the heat wave officially breaks, the public is urged to remain vigilant against heat-related risks:

• Stay Hydrated: Drink plenty of water even if you do not feel thirsty.
• Limit Exposure: Avoid strenuous outdoor activities between 12h00 and 15h00.
•  Vulnerable Groups: Regularly check on the elderly and babies.
• Vehicle Safety: Never leave children or animals in parked cars, even for a short time.

“The SAWS will continue to monitor this system closely and will issue updates as new information becomes available. The public and relevant authorities are urged to follow official weather warnings and advisories from reliable sources.” –SAnews.gov.za

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Water and Sanitation Minister Pemmy Majodina and Eswatini’s Minister of Natural Resources and Energy Prince Lonkhokhela Dlamini are set to formally sign the Revised Treaty on the Development and Utilisation of the Water Resources of the Komati Basin at Maguga Dam, in the Kingdom of Eswatini.

The signing ceremony, scheduled for Friday, 13 March 2026, aims to strengthen bilateral relations between the two countries while enhancing cooperation on the management of shared water resources.

The meeting will also focus on strengthening river flow monitoring in the Komati Basin, which is shared by South Africa and Eswatini, and ensuring compliance with statutory water flow obligations to Mozambique.

Department of Water and Sanitation spokesperson Wisane Mavasa said the revised treaty marks a new chapter in the sustainable development and management of the water resources of the Komati River Basin.

“The revised Treaty will unlock Phase Two developments to enable the Member States (South Africa and Eswatini) through the Komati Basin Water Authority (KOBWA) to venture into future Komati Basin dam projects and undertake revenue generation initiatives to benefit the citizens of the two countries and to ensure financial sustainability, and reduce its dependency on the Member States,” Mavasa said in a statement on Thursday.

KOBWA was established in 1992 as a bi-national institution through a treaty between South Africa and Eswatini to implement Phase One of the Komati River Basin Development Project.

Phase One included the design, construction, operation, and maintenance of the Driekoppies Dam in South Africa and the Maguga Dam in Eswatini. While the first phase has been completed, Phase Two has not yet been conceptualised.

The Komati River Basin is a transboundary water system shared by South Africa, Eswatini, and Mozambique. It comprises the Mlumati and Komati rivers, which later join the Crocodile River downstream.

South Africa and Eswatini share water from the Maguga Dam on a 60/40 basis, while the Driekoppies Dam is solely used by South Africa. – SAnews.gov.za

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President Cyril Ramaphosa has reiterated that releasing the interim report of the Madlanga Commission could jeopardise the commission’s ongoing work and be unfair to witnesses who have not yet appeared before it.

The President was answering questions in the National Assembly on Thursday afternoon.

“The commission’s work is ongoing. In its interim report, the commission noted that it will require further evidence from a number of people who had not yet appeared before it.

“Beyond the referrals and recommendations that I have made public, it would be unfair to witnesses whose testimony is not complete or individuals against whom the commission has not yet made any findings to publicise the information at this stage.

“Furthermore, it may jeopardise investigations as well as lines of questioning of the commission, to make unconcluded avenues with regard to the investigation that could be made public,” he said.

Given the short time frame for the commission to complete its work – extended to 31 August 2026 just this week – all the reports will be made public once the final one is submitted.

A second interim report is expected at the end of May.

“This will be subject to any advice from the commission itself or other considerations on whether the publication of any portions of the report that may put persons who may have appeared before the commission in danger.

“We have already seen how a number of people who appeared before the commission have been targeted and some of them have been in serious danger,” he said.

No wrongdoer protected

The commission – led by Justice Mbuyiseli Madlanga – was established by the President to investigate allegations made by Lieutenant-General Nhlanhla Mkhwanazi on 6 July 2025 relating to criminality, political interference and corruption within the criminal justice system.

An interim report was handed over to President Cyril Ramaphosa in December last year.

The report made recommendations and referrals, including:

• Immediate criminal investigations must commence where evidence of wrongdoing is presented.
• There should be urgent decisions on prosecutions where required.
• With respect to individuals currently in law enforcement or intelligence services, where wrongdoing was found, the commission made recommendations on employment statuses on individuals, including whether they should be suspended.

At least 14 high-ranking South African Police Service (SAPS) members and Ekurhuleni Metropolitan Municipality (EMM) officials were referred for investigation after being identified as possible wrongdoers by the commission.

“To ensure that these matters are given the necessary attention, I directed the Minister of Police, as well as the National Commissioner, to constitute a special investigation task team reporting directly to the commissioner. The team will institute investigations against those identified by the commission for such investigation.

“Matters that require disciplinary action are currently being attended to by the relevant departments and some are resulting in suspensions,” President Ramaphosa told the National Assembly. 

He assured citizens that throughout the process, government has been guided by “the fundamental principle of transparency and that South Africans must know the facts” about allegations made by Mkhwanazi.

“We will implement the recommendations from the commission and we will take action.

“I can give assurance that no one – who is either implicated or will be implicated – will be shielded. When the commission does its recommendations, we will act accordingly on those recommendations.

“In the end, we will make sure that when the report is issued, the South African public will be able to see what the commissions said and what action we are going to embark upon. No big name or small name, however they are connected, will be shielded. We can assure of that,” President Ramaphosa said.

Water crisis committee

On a question related to the establishment of the National Water Crisis Committee, President Ramaphosa said an action plan setting out the way to tackle the challenge, is being drafted – similar to the approach taken to resolve the energy crisis.

“Work is currently underway to finalise the national Water Action Plan and to…get the committee to start its proceedings which it will do this coming week.

“It is expected that it will be completed by the end of March in terms of the water plan,” he said.

The committee is faced with three priorities:

• Address immediate challenges in municipality water and sanitation delivery through a focus on limited number of municipalities
• Expedite institutional, financial and systemic causes of the water crisis
• Attract investment in water infrastructure, increasing both public and private sector investment and involvement

“The main causes of the water crisis are at local government level. Maintenance of municipal water and sanitation infrastructure has been neglected in many of our municipalities over decades. There is, therefore, a big backlog for the repair and the refurbishment of water services.

“Solving South Africa’s water crisis…requires a multi-faceted approach focused on institutional reform, infrastructure maintenance and human capital development at the local level,” he said.

Where necessary and guided by the Constitution, the National Water Act and the Water Services Act, national government will intervene in municipalities that are “failing to meet their obligations or that are failing to implement corrective measures”.

“We will also, where municipalities and municipal officials fail, take action against them and we will also be focusing on how they are contravening the requirements of the National Water Act. Where there is wrongdoing, they too will be charged.

“Where necessary, national government will assume responsibilities for water services in those municipalities that fail to discharge their responsibilities.

“As has been done to great effect by the National Energy Crisis Committee, the National Water Crisis Committee will bring together role players from across the state to undertake a clear set of focused and impactful interventions that will make a real and lasting difference in people’s lives,” President Ramaphosa said. – SAnews.gov.za

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Deputy President Paul Mashatile has hailed South Africa’s upcoming rollout of Lenacapavir as a potential game-changer in the country’s efforts to prevent HIV infections.

The antiviral medicine is used to reduce the risk of HIV in adults and adolescents who weigh at least 35 kilograms, are HIV negative, and are at risk of getting HIV. 

“Our country now stands poised to start with the rollout of Lenacapavir around May this year,” the Deputy President said on Thursday, during an Extended Plenary of the South African National AIDS Council (SANAC).

Lenacapavir was registered by the South African Health Products Regulatory Authority (SAHPRA) last October. The product was developed to prevent new HIV infections by administering a six-monthly injection.

While South Africa has made progress in expanding treatment and prevention services for HIV, tuberculosis (TB), and Sexually transmitted infections (STIs), Mashatile stressed that challenges remain, particularly in treatment retention, prevention among young people and key populations, and the persistent burden of tuberculosis.

“Ending TB and HIV is a moral duty to restore dignity, protect families, and secure the future of our nation. I call on all of us to strengthen collaboration, to break down barriers of stigma and inequality, and to mobilise every resource at our disposal. 

“Together, we can accelerate progress towards the 95-95-95 targets, towards ending TB, and towards building a healthier, more just South Africa,” the Deputy President said.

The targets call for 95% of all people living with HIV to know their HIV status, 95% of all people with diagnosed HIV infection to receive sustained antiretroviral therapy, and 95% of all people receiving antiretroviral therapy to have viral suppression.

“Furthermore, let us intensify our efforts as the SANAC family in the fight against Gender-Based Violence and Femicide (GBVF). As we all know, the President has declared GBVF a national disaster. We must all collaborate across sectors of society to combat this scourge,” he said. –SAnews.gov.za

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Minister in the Presidency responsible for Planning, Monitoring and Evaluation, Maropene Ramokgopa, has led a stakeholder engagement with religious and traditional leaders aimed at strengthening community mobilisation in support of the National Development Plan (NDP): Vision 2030.

Ramokgopa undertook the engagement together with KwaZulu-Natal Transport and Human Settlements MEC Siboniso Duma in Pietermaritzburg, KwaZulu-Natal, on Tuesday. They were joined by uMgungundlovu District Mayor Mzi Zuma, and Msunduzi Mayor Mzimkhulu Thebolla, among other provincial and local government leaders.

Hosted in partnership with the KwaZulu-Natal Department of Transport and Human Settlements and local government, the meeting brought together religious leaders, traditional authorities, and community stakeholders from across the uMgungundlovu District Municipality.

The engagement formed part of a collaborative effort between national, provincial, and local government to strengthen community mobilisation and partnerships with community leadership structures and promote greater participation in advancing development priorities and improving service delivery outcomes.

The programme provided a platform for dialogue on a range of issues affecting communities, including the protection of rural livelihoods, road safety awareness ahead of the Easter holiday period, social cohesion and the promotion of active citizenship.

During the engagement, religious and traditional leaders raised a number of pressing community concerns. These included the impact of Foot and Mouth Disease on livestock farmers, gender-based violence, cattle theft and inadequate rural infrastructure, such as bridges.

Other issues raised included support for schools, access to decent human settlements, and persistent water and electricity supply challenges affecting rural communities. Traditional leaders also called for stronger government outreach and monitoring in rural areas to ensure that development programmes reach rural communities.

Traditional and religious leaders play an important role in South African society as custodians of cultural heritage, moral authority and community cohesion. Their leadership is critical in strengthening partnerships between government and communities and in supporting the implementation of development priorities at local level.

Ramokgopa said the National Development Plan places strong emphasis on social partnerships and the active role of communities in driving inclusive development.

“The National Development Plan prioritises a social compact where government, communities, the private sector, civil society and research institutions work together to drive inclusive development in our country.

“Traditional and religious leaders play a crucial role in strengthening these partnerships, shaping the lives of communities and promoting active citizenry,” Ramokgopa said.

The Minister highlighted the important role of faith-based organisations in strengthening social mobilisation and community engagement.

“Churches are able to reach communities in ways that government sometimes cannot. They are a critical part of active citizenry, which is recognised as an important pillar of the National Development Plan,” she said.

The Minister also emphasised the need for closer alignment between government planning processes and traditional leadership structures.

“The strategic plans of Amakhosi must feed into and inform national departmental strategic plans, as traditional leaders are directly engaged in issues affecting agriculture, land and rural livelihoods,” she said.

Duma welcomed the engagement and expressed appreciation to President Cyril Ramaphosa for assigning Ramokgopa to support initiatives aimed at addressing challenges facing rural communities in the province.

Duma noted that efforts were underway to accelerate the provision of vaccines to combat Foot and Mouth Disease, particularly in the uMgungundlovu District, which has been among the hardest-hit areas.

He added that engagements with commercial farmers, livestock associations and dip tank committees have raised hopes that decisive interventions will help protect livestock and safeguard rural livelihoods.

“Through the District Development Model, all spheres of government will continue working together to alleviate poverty, promote food security and support the development of vibrant agricultural communities with improved opportunities to participate in the mainstream economy of the province,” Duma said.

Government said engagements with community leadership structures form part of broader efforts to promote active citizenship, strengthen partnerships with community leadership structures, and accelerate the implementation of the National Development Plan at local level. – SAnews.gov.za

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After considering options for an appropriate fiscal anchor, the government has opted for a principles-based framework that will legally require governing administrations to outline a detailed fiscal plan to ensure debt remains on a sustainable path throughout their term of office.

“This framework is better suited to South Africa’s institutional and economic context and provides the flexibility needed to respond to economic shocks while maintaining fiscal discipline,” National Treasury said in a statement on Thursday.

The National Treasury has been conducting a multi-year process of research to develop proposals for a fiscal anchor for South Africa. 

In this regard, a Macro-Economic Policy Review was published in 2024, outlining the value of committing to a fiscal anchor or rule to ensure fiscal sustainability in a transparent and accountable way. 

“Follow-on from that, a consultation paper was published at the time of the 2025 Budget, which detailed various options for a credible fiscal anchor. 

“Numerous stakeholders have already made submissions in response to this consultation, which form a critical part of the decision-making process going forward,” National Treasury said.

The International Monetary Fund (IMF) also conducted an assessment of South Africa’s fiscal framework and considered options for the design of a fiscal anchor. 

An IMF mission took place from 9 – 20 September 2024. Following this engagement, a report has now been published, including a detailed technical analysis.

“National Treasury welcomes the IMF’s endorsement of South Africa’s ongoing efforts to strengthen its fiscal framework. The report provides technical guidance on strengthening fiscal risk management, improving public financial management and articulating a clear fiscal strategy. This will inform the government’s work as consultations on strengthening the fiscal framework continue.” –SAnews.gov.za

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The Portfolio Committee on Water and Sanitation has welcomed improvements in the performance of water boards, Lepelle Northern Water and Overberg Water, while warning that persistent misalignment across the water value chain continues to leave some communities without reliable access to water.

The committee is currently reviewing the annual reports of all water boards and this week received briefings from Lepelle Northern Water and Overberg Water.

While the committee commended the governance and operational improvements reported by the two entities, they warned that the positive results are not always reflected in the lived experiences of communities served by the water boards.

Committee Chairperson Leon Basson said the good performance by the water boards is a direct representation of a fractured system, where improvements in the performance of the water boards do not translate into direct positive outcomes for communities.

“In a fully functional system, improvements in the performance of the water boards would lead to a tangible improvement in water access for the people,” Basson said.

Basson said municipalities, which play a key role in the water value chain, continue to place pressure on the system due to high levels of non-revenue water in municipal reticulation systems and persistent non-payment for bulk water services supplied by water boards.

“These challenges pose a significant risk to the financial sustainability of water boards,” he said.

The committee reiterated its call for stronger collaboration between the Department of Water and Sanitation and the Department of Cooperative Governance and Traditional Affairs (CoGTA) to ensure comprehensive alignment across the water value chain and safeguard access to water as a foundation for socio-economic development.

Lepelle Northern Water performance

The committee welcomed improvements in governance and operational performance at Lepelle Northern Water, which achieved an overall 90% performance rate against its planned targets.

Given the governance and operational challenges the entity faced in previous financial years, the committee encouraged the board and senior management to continue prioritising liquidity and the overall financial health of the entity.

While revenue collection improved by 11%, the committee raised concerns about the growing level of municipal debt owed to the entity, which has increased to R1.36 billion.

The committee reiterated that municipal debt to water boards requires urgent attention to ensure the long-term sustainability of both water boards and the broader water supply system.

Overberg Water urged to expand revenue base

Regarding Overberg Water, the committee emphasised the need for the entity to develop a clear growth strategy to expand its revenue base and ensure long-term sustainability.

The committee welcomed several initiatives aimed at improving revenue generation, including plans to secure additional industrial customers and farmers, as well as proposals for the entity to manage wastewater treatment works on behalf of municipalities and commercial clients.

The committee also noted positively the clean audit outcome achieved by Overberg Water.

“It remains the committee’s view that sound governance and strong financial management form a critical foundation for institutional effectiveness and service delivery,” Basson said.

NEDLAC’s comment on Water Services Amendment Bill

Meanwhile, the committee has resolved to give the National Economic Development and Labour Council (NEDLAC) 14 days to make a submission on the Water Services Amendment Bill [B24–2025].

The decision follows a request by NEDLAC for more time to allow engagement with the Department of Water and Sanitation on the proposed legislation.

However, the committee said the three-month extension requested by NEDLAC is not practical and would unreasonably delay the parliamentary consideration of the Bill. – SAnews.gov.za
 

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The National Prosecuting Authority (NPA) is intensifying the fight against organised crime by moving beyond prosecuting “foot soldiers” to targeting kingpins, syndicate leaders and those who control criminal networks.

This according to National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi who on Thursday briefed the media for the first time since taking office earlier this month.

“Organised crime remains a grave threat to our democracy and economy, especially when it targets essential infrastructure in sectors such as energy, rail, water and telecommunications.

“We are determined not to spend all our time prosecuting foot-soldiers; we are increasingly using financial investigation, digital forensics and intelligence-driven operations to identify and pursue the kingpins who direct these networks,” he emphasised.

Mothibi outlined the NPA strategy to dismantle organised crime operations and warned that state-embedded actors remain the government’s “Achilles’ heel” in combating organised crime and corruption.

“The NPA’s Strategy against organised crime was signed off on 13 August 2024 and we are now in the process of intensifying implementation that will increasingly show impactful interventions and outcomes, through meaningful collaborations and more effective use of legislation,” he said.

The NDPP highlighted some of the successes the NPA has had in prosecuting organised crime syndicates, including:

• Sustaining the conviction rate of around 93 to 94% in organised crime prosecutions nationally, even while the number of these cases has grown.
• Conviction rates for essential infrastructure-related prosecutions remain in the mid-to-high 70s, at 77.4% in 2025/26, reflecting both the difficulty of dismantling complex supply chains and the progress being made with intelligence-driven investigations.

“Using racketeering provisions under POCA [Prevention of Organised Crime Act 121 of 1998], the NPA focuses on kingpins, syndicates, money laundering networks and enablers – accountants, lawyers and intermediaries,” he explained.

Other steps the NPA has taken to bolster the fight against organised crime include:

• Contributing to the development of the Transnational Organised Crime Strategy which is intended to be the country’s strategy against organised crime.
• NPA and SAPS developed a Stabilisation Plan which is a multi-dimensional interdepartmental organised crime approach to address the gang violence in the Western Cape. This plan is now being rolled out in other provinces.
• Establishing the Organised Crime Component (OCC)’s Firearm Desk.

“Firearms are central to organised crime in South Africa, and are primary instruments in gang violence, cash-in-transit heists, extortion networks, etc. A dedicated Firearms’ Desk would improve and strengthen coordination in addressing illegal firearms. If you remove the illegal firearm, you remove the instrument of organised violence.

“We have met with the National Commissioner of the South African Police Service [SAPS] to align the NPA and SAPS Strategies. Aligned strategy will, amongst others, enable collaboration between SAPS and NPA, identification of cases, Prosecutor-Guided Investigations, Asset Recoveries, Enrolment of cases and effective prosecution,” Mothibi said.

Pay back the money

Mothibi vowed that the NPA will not relent in “pursuing South African assets and fugitives from the law”.

In this regard, the prosecutorial body’s Asset Forfeiture Unit (AFU) has stepped up its work – obtaining some 2 397 freezing orders to the value of R13.8 billion, 3 220 confiscation and forfeiture orders to the value of R13 billion and has recovered some R6.5 billion since the conclusion of the previous Mutual Evaluation process of the Financial Action Task Force (FATF) in November 2019.

“We will not relent in pursuing South African assets and fugitives from the law. At an international level, while utilising the Interpol Red Notice, South Africa will participate in the Interpol Silver Notice Pilot which offers enhanced international search, trace and track mechanisms,” he said.

Other achievements include:

• R15 billion of funds frozen in the last five years, compared to the R16.2 billion frozen over the first 20 years. 
• R8 billion confiscated and forfeited in the first 20 years and R5.4 billion in the last five years. 
• R6.6 billion was recovered in the first 20 years and R6.6 billion in the last five years. 
• R13 billion frozen in State Capture matters. 
• The AFU has already exceeded five of the six annual targets in the current financial year. 

“Asset recovery processes are critical as part of the fight against crime and corruption, by taking back the proceeds of crime. Further, asset forfeiture is one of the strongest indicators of Anti Money Laundering effectiveness under FATF standards.

“The NPA’s AFU is therefore central to FATF compliance,” the NDPP highlighted.

The NPA is also ramping up money laundering prosecution with at least 292 cases on court rolls involving more than 400 money laundering counts and a further 97 new prosecutions instituted between April 2025 and January 2026.

“The verdicts for the current financial year from April 2025 to January 2026 resulted in 91 verdicts, compared to 122 and 87 in the previous two financial years.

“The focus is on moving beyond ‘predicate offences’ and proving financial flows, concealment, and benefit from crime,” Mothibi said.

State Capture prosecutions

Prosecutions related to State Capture and the recommendations of the Zondo Commission are also gathering pace.

According to Mothibi, the AFU has restrained and preserved more than R14 billion in state-capture-related assets and recovered about R6.26 billion to date, “demonstrating that crime does not pay”. 

The Investigating Directorate Against Corruption (IDAC) is also dealing with some 134 out of the 218 recommendations with 39 cases arising from the 134 recommendations.

The conviction and sentencing of former Parliamentarian Vincent Smith last week, in relation to the Bosasa matter is a “significant outcome that will culminate with the orange overalls that the public calls for in state capture related cases”.

“South Africa is one of the few countries in the world that is prosecuting former ministers, senior officials, chief executives and multinational companies for serious corruption – and we are seeing tangible financial returns through asset recovery and corporate settlements,” the NDPP noted.

On the IDAC’s state capture work, the Digital Evidence Unit (DEU) is a game changer for work related to recommendations and beyond.

“The DEU is one of the most important capacity and capability-building initiatives that is designed to support the work of the IDAC, arising especially out of the very large volumes of electronic data from the State Capture Commission.

“This is an aspect of work that continues to hold investigations back within law enforcement and having this capability is a game changer in the fight against complex corruption.

“Having this kind of capacity provides IDAC with the ability to move faster and smarter in digital forensics. The IDAC is currently dealing with 13 matters in the DEU,” the NDPP revealed.

Without fear or favour

Mothibi acknowledged that South Africans are “rightly impatient for more visible accountability, especially for corruption and violent crime”.

However, he noted that the NPA is an institution that has been “fundamentally rebuilt” following years of being blunted during the state capture years.

“The figures we present today show an institution that has not only survived the state-capture decade but has been fundamentally rebuilt: conviction rates remain high, high-impact prosecutions are being pursued, and billions are being recovered for the public. But we know this is not enough.

“We therefore renew our pledge to prosecute without fear, favour or prejudice, to protect the vulnerable, to safeguard our critical infrastructure and economy, and to do so in a way that honours the Constitution, strengthens the rule of law and meets public expectations.

“We also commit to holding more regular briefings to the public to provide updates on the organisation’s strategy and performance information, through traditional media but also increasingly, through our digital communication platforms,” he concluded. – SAnews.gov.za

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Minister of Justice and Constitutional Development Mmamoloko Kubayi has raised concern over the “obscene legal costs” paid by municipalities, which affects the ability to deliver services to communities.

The Minister delivered a keynote address at the opening of the 6th National Municipal Legal Practitioners’ Forum (NMLPF), hosted by the South African Local Government Association (SALGA), in Cape Town.

Kubayi acknowledged that municipalities are facing skills shortages in key areas, including financial management and supply chain management, leading to governance failures and wasteful expenditure – leaving municipalities vulnerable to corruption and wasteful expenditure

“Governance failures at local government manifest directly in declining service delivery, including water interruptions, power outages, sewer blockages, waste management breakdowns, and deteriorating road networks. 

“These failures have become a source of litigation against municipalities, which leads to an increase in litigation budgets at municipalities. The lack of skills, which also affects the legal capacity of municipalities, poses a serious challenge in that municipalities are unable to respond adequately to these litigations with limited inhouse capacity,” she noted.

The domino effect of these failures eventually leads to municipalities having to “largely rely on external legal expertise”.

Kubayi noted that the one area that “has been a source of obscene legal costs” is on employer/employee dispute resolution”. 

“Clear arbitration awards are ignored. Instead of complying, municipalities stall and force employees to launch enforcement and contempt proceedings. Disciplinary processes become high-risk legal battles, with municipalities outsourcing the entire process to external lawyers. What should really be an internal process becomes an expensive and time-consuming legal exercise.

“This is just but one area of litigation that municipalities have been poorly managing but it serves to demonstrate that we need to strengthen ethical leadership, compliance and service delivery excellence.

“The process of strengthening begins with the capacitation of municipalities with adequate skills. With effective in-house legal skills, the ability to monitor and manage litigations will enable legal teams to be able to withstand internal political pressure when it pushes toward litigation that may not serve the municipality’s long-term interests.

“With the right skills, municipalities will be able to develop litigation strategies that are cost effective and in the interest of the municipality,” Kubayi stated.

She reminded legal practitioners of their duty, under the code of conduct of the Legal Practice Council, to provide unbiased advice and avoid generating unnecessary work.

“Legal practitioners within State organs have to be held accountable to this the LPC code of ethics. As limited as the instruments of enforcement may be, we must still sharpen the instruments for accountability on matters of unethical conduct.

“As part of strengthening litigation management, we must find a way of clearly defining wasteful legal spending in State organs, wherein we are able to assess if people are pursuing high-cost cases with poor prospects, litigating against well-established legal precedent, persisting after multiple adverse rulings and rejecting reasonable settlement offers that offer practical solutions,” Kubayi said.

Furthermore, successfully strengthening of State legal capacity must be done in tandem with addressing the “lack of strong internal legal capacity to critically assess risks, weigh costs, and identify alternative solutions”.

“Let’s utilise the Intergovernmental National Litigation Forum to enhance collaboration and consistency in managing State litigation. I am pleased to hear that SALGA will participate in the upcoming Intergovernmental National Litigation Forum that is set for 24 March 2026. 

“I believe that working together, we can make State litigation capacity more effective and in time, we will start to reduce State litigation contingent liability,” Kubayi said. – SAnews.gov.za

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