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Emfuleni’s budget is unconstitutional

Yesterday, the FF Plus sent a notice to the Speaker of the Emfuleni Local Municipality (Evaton, Sebokeng, Vaal Oewer, Vanderbijlpark, Vereeniging), Sibongile Soxuza, pointing out that the unfunded 2022/23 budget was unconstitutionally adopted.

In terms of Section 160(3) of the Constitution, the majority of councillors must be present and support the budget when a municipal budget is considered for approval.

In the case of Emfuleni, only 42 of the 90 elected councillors supported the budget.

So now, in terms of the Municipal Financial Management Act, the council has seven days to table the budget again.

If the budget is not adopted before the first day of the new financial year (1 July 2022), the council must be dissolved by the provincial government. Then the council will have to be re-elected.

The current budget is unrealistic, lacks credibility and is not sustainable and, therefore, the FF Plus cannot support it.

Even Gauteng's provincial Treasury criticised the budget.

The proposed collection rate is unrealistic because unemployment is increasing on a daily basis due to businesses and factories that either close down or relocate elsewhere.

At present, the Municipality can barely afford to pay its own creditors and its outstanding debt amounts to more than R5 billion.

The budget lacks credibility seeing as the Municipality provides water and electricity at a loss, very little to no garbage disposal takes place, the dumping sites do not comply with the prescribed regulations, and the property valuation process does not adhere to the relevant municipal property tax legislation.

The FF Plus simply cannot support a budget that puts even more financial pressure on taxpayers and that facilitates maladministration.

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