Kgatla was served with the precautionary suspension notice from the provincial executive representative (PER), Katlego Gabanakgosi, on Friday. The notice stated that the suspension was with immediate effect.
Gabanakgosi was appointed as the PER recently when the North West Provincial Treasury announced yet another intervention in Madibeng.
Gabanakgosi said in the precautionary suspension notice that he had “formed a prima facie view” that sufficient evidence existed that Kgatla had committed acts of serious misconduct.
The allegations include, among others, that Kgatla refused and failed to adhere to the PER’s directives and instructions. He also accused Kgatla of deliberately ignoring his existence and authority.
According to Gabanakgosi, this has resulted in serious non-compliance with matters such as addressing Supply Chain Management (SCM) regulations, unauthorised, irregular, fruitless and wasteful expenditure, consequence management, staff discipline and revenue management, among others.
The precautionary suspension follows a string of events involving Kgatla over the past three months. An attempt on his life was made in July, followed by the announcement of the government’s intervention in the municipality the next day.
Soon after Kgatla’s return to office, a directive by the PER temporarily removed him from the municipality’s banking system.
In his response to Gabanakgosi following the suspension, Kgatla said that the scope of the PER’s powers is limited to the extent necessary for the effective implementation of the financial recovery plan.
Kgatla said that he had instituted legal proceedings after he was removed from the banking system and that the PER’s conduct is material to the issues already raised in the pending proceedings before the High Court of South Africa, concerning the scope, nature and effect of the PER’s appointment and intervention.
“I will continue to exercise my powers as statutorily conferred upon me by the municipal council. I record that I am not on any valid suspension,” he stated.
In a letter to staff and office bearers, Kgatla stated that he wished to place on record that he was not on any valid precautionary suspension and that he had rejected the notice entirely, as it was invalid, unlawful and beyond the PER’s legal authority.
The DA said in a statement that the party calls for lawful and transparent processes following the suspension.
“Serious allegations must be independently investigated and, if proven, must have consequences. Provincial intervention must remain within its lawful mandate and respect the role of the council,” ward councillor Graeme Peplar said.
“Mr. Kgatla has challenged the legality of the suspension in the High Court of South Africa, North West Division, Mahikeng, with a related urgent application already served. Our position is straightforward: we are not defending anyone from accountability. We are defending lawful accountability.”
He said that accountability cannot mean choosing who must follow the rules. Everyone must follow the rules; municipal officials, council and provincial government alike.
