ActionSA Calls on Premier Lesufi to Invoke Section 139(5) and Place Emfuleni Under Mandatory Administration

ActionSA renews its urgent call for Premier Panyaza Lesufi and MEC Jacob Mamabolo to stop playing political smoke and mirrors while residents of Emfuleni suffer the daily consequences of a collapsed municipality. It is now imperative that the Gauteng Provincial Government invoke Section 139(5) of the Constitution and place Emfuleni Local Municipality under mandatory administration, with the full oversight of National Treasury.

Despite years of oversight failures and incomplete interventions under Section 139(1)(b), Emfuleni has deteriorated into a full-blown crisis:

  • R7.1 billion owed to Eskom and escalating debt to Rand Water has rendered the municipality financially insolvent.
    62% water losses and 22% electricity losses translate to over R750 million in annual lost revenue.
    Ongoing sewer spillages, waste management failures, and unmaintained infrastructure have made basic services a luxury in many areas.
  • The municipality continues to receive qualified audit opinions, fails to implement audit findings, and displays no internal financial discipline.

The latest sanitation debacle at the Ramaphosa informal settlement, where portable toilets have not been serviced for over four months, should be the final straw. Despite Premier Lesufi’s belated instruction to the Gauteng Human Settlements Department to resolve the matter, it is clear that without intentional, decisive provincial intervention, residents will continue to suffer. Emfuleni’s failure to provide basic sanitation is not confined to one settlement – it is a systemic, recurring feature of a municipality in collapse.

The previous Section 139(1)(b) intervention, which ended in 2022, was an abject failure. It allowed Emfuleni’s political leadership to retain budgetary control and continue reckless spending. The situation has now escalated beyond discretionary oversight. ActionSA, therefore, supports the immediate implementation of a financial recovery plan in terms of Section 139(5), which would transfer financial control to National Treasury and impose mandatory reforms.

We propose:

  1. 1. Immediate fiscal control by Treasury to enforce a funded and credible budget
  2. Aggressive debt recovery and compliance with Eskom’s debt relief framework.
  3. Prioritised infrastructure restoration and turnaround in water, electricity and sanitation services.
  4. Stabilisation of leadership through the urgent appointment of a permanent Municipal Manager and CFO.

ActionSA has tabled this proposal formally in the Gauteng Legislature’s COGTA Committee. We now urge the Portfolio Committee and Premier Lesufi to act decisively.

The people of Emfuleni cannot afford more delays, empty promises or failed pilot projects. Their health, dignity and economic prospects are being sacrificed on the altar of ANC-led incompetence. We call on the Premier to rise above party lines and demonstrate true leadership – not for the sake of politics, but for the people.

ActionSA remains resolute in its commitment to hold this government accountable and restore dignity and service delivery to Emfuleni residents.

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