By Lehlohonolo Lehana.
@GalloImages.
The Land Reform and Rural Development Minister Mzwanele Nyontsho has dissolved Ingonyama Trust Board following a series of resignations of several board members.
The minister will appoint administrator who will be temporarily oversee the day-to-day operations in terms of section 49(3) of the Public Finance Management Act (PFMA).
This follows the resignation of a number of board members before the expiry of their terms of office, which has resulted in the board remaining with only four board members, including (the Zulu king) as chairperson in terms of the KwaZulu-Natal Ingonyama Trust Act.
However, Nyhontso explained that the administrative regulations issued under the same act require that five members of the accounting authority constitute a quorum for a meeting of the board.
In a statement issued on Thursday, the Minister said due to the resignations, the board now has only four serving members alongside the Ingonyama, King Misuzulu Zulu, who serves as Chairperson in terms of the KwaZulu-Natal Ingonyama Trust Act.
“The administrative regulations issued under the KwaZulu-Natal Ingonyama Trust Act provide that five members of the accounting authority constitute a quorum for a meeting of the board.”
“The regulations further provide that where a quorum is not present at the first meeting, a further meeting may be convened, and the members present at that later meeting may form a quorum for that meeting,” Nyhontso said.
Nyhontso has, however, concluded that the present circumstances have created a governance position that is no longer sustainable for the effective administration of the trust.
The Minister has taken this view, having regard for the current composition of the board, the practical difficulty of ensuring stable and effective governance under the present arrangements, and the need to secure continuity in the lawful administration of the trust and the management of trust land for the benefit of the communities for whom such land is held in trust.
In terms of this arrangement, the Minister said an administrator will be designated in terms of section 49(3) of the Public Finance Management Act (PFMA).
“The administrator will oversee the day-to-day operations of the trust, ensuring administrative stability and continuity during the transition period,” the Minister explained.
The department confirmed that the process to reconstitute the Board will proceed in accordance with the provisions of the Act and the applicable consultation requirements.
Additionally, the Minister is satisfied that this course of action is necessary to protect the continuity of the lawful administration of the trust and to safeguard the interests of the communities for whose benefit the trust land is held.
Further details regarding the implementation of the transitional administrative arrangement and the process to reconstitute the board will be communicated in due course.