Mokonyane must immediately fire Dudu Myeni
9 December 2016
The DA will take all steps necessary to ensure that the Minister of Water and Sanitation, Nomvula Mokonyane, is held to account in Parliament for her illegal decision to appoint SAA Chairperson, Dudu Myeni, as Chair of the Umhlatuze Water Board for a third term.
This comes after the Pietermaritzburg High Court yesterday ordered Mokonyane to fire Myeni as Chairperson of the Water Board within six months (180 days) from the date of order. The court found that Mokonyane’s indefinite extension of Myeni’s third term as Chairperson, which legally came to an end on 28 February 2015, was unlawful. Mokonyane was also ordered to pay the legal fees of the Applicant in the matter, suspended CEO Sifiso Makhanya.
The DA welcomes the ruling by Judge Yvonne Mbatha, as we have long held that the Minister’s extension of Myeni’s term was unlawful. The Water Services Act (Act 108 of 1997) – specifically section 3 of Schedule 1 thereto - only allows for a maximum of three consecutive terms of no more than four years each
The battle, however, is not yet over. The Minister is actively aiding and abetting Myeni to retain her power over the water resources of KwaZulu-Natal by merging the Umhlatuze Water Board with the Umgeni Water Boards (against the advice of National Treasury) and appointing Myeni as chair of the interim transitional council. In reply to parliamentary questions posed by the DA, the Minister revealed that the merging of the boards will only occur in the 2017/18 financial year. The Minister could provide no satisfactory statutory grounds on which she established the said interim council.