Presumption of Innocence Must Prevail in Matjhabeng MMC Case 

In South Africa’s turbulent municipal landscape, where political rivalries and governance challenges often collide, the recent allegations against Mojalefa Buti, Matjhabeng’s Member of the Mayoral Committee (MMC) for Local Economic Development, demand a measured response. Accused of chairing a committee that awarded a R15 million solar farm subcontract to a company allegedly co-owned by himself and his wife, Buti faces serious but unproven claims that have sparked public outrage. As reported by City Press on August 23, 2025, these allegations suggest a breach of ethical and legal standards—yet, without a court’s verdict, they remain just that: allegations. South Africa’s Constitution, under Section 35(3)(h), guarantees the presumption of innocence, and to rush to judgment risks violating Buti’s rights and undermining justice itself.

The accusations are troubling on the surface. The Municipal Finance Management Act (MFMA) and Municipal Systems Act (MSA) are unambiguous: councillors must recuse themselves from decisions involving personal or family interests, such as a spouse’s company bidding for a tender. If Buti indeed chaired such a meeting, questions arise about how municipal checks failed. But the absence of concrete evidence—meeting minutes, ownership records, or witness accounts—leaves the narrative incomplete. The City Press report relies on anonymous sources, lacking specifics like the company’s name or the subcontract’s scope, which raises doubts about its weight.

Context matters here. Matjhabeng, a Free State municipality striving to revitalize its economy through renewable energy projects, has been a battleground for ANC factional disputes that have long hampered service delivery. Recent probes into alleged misuse of Expanded Public Works Programme (EPWP) funds, initially deemed scandalous, were cleared by Public Works Minister Dean Macpherson on August 17, 2025, confirming proper expenditure. Matjhabeng’s internal investigation into those claims further exposed them as baseless, suggesting a pattern of politically motivated accusations. Could Buti’s case be another salvo in this ongoing war, amplified by opposition voices ahead of budget cycles or elections?

Plausible explanations for Buti’s deniability abound. Municipal records show him leading stakeholder sessions for solar projects, not necessarily tender adjudications. If he chaired a meeting temporarily—perhaps due to an absent chair—and no final award was made under his watch, the allegations misrepresent his role. Alternatively, if Buti declared his business interests, as he claims, stating, “I have been in business long before I came to Matjhabeng Municipality,” the award might reflect the company’s merit, not his influence. The MFMA allows councils to deem interests “trivial,” and without evidence of direct decision-making, this could be a procedural oversight rather than intentional misconduct.

Systemic weaknesses also offer context. Matjhabeng’s 2024-2025 Integrated Development Plan highlights ambitious solar initiatives but reveals capacity constraints that can lead to rushed processes. If tender safeguards failed, the fault may lie with institutional gaps, not Buti alone. Moreover, the lack of objections from committee members—typically including opposition representatives—suggests either no perceived conflict at the time or a collective oversight, not a conspiracy.

The broader danger here is the erosion of due process. Treating unverified claims as fact, especially in a municipality pushing critical renewable energy projects to combat load shedding, risks derailing progress and reputations. Buti, an entrepreneur-turned-public servant, deserves a fair hearing. His constitutional right to innocence until proven guilty is non-negotiable, and only an independent investigation—perhaps by the Auditor-General or SIU—can uncover the truth.

South Africans must resist the temptation of trial by headline. Justice demands evidence, not assumptions. As Matjhabeng strives for economic renewal, let us champion transparency and accountability without sacrificing the principles that protect us all.  His rights are also our rights, so let us not undermine and cheapen those rights with reckless public pronouncements. 

issued by 

Black Excellence Network RSA 

Executive Chairman