Section 139 Intervention: Mpofana Local Municipality & Ngaka Modira Molema District Municipality; Committee Programme

Meeting report

Intervention Notice of Ngaka Modira Molema District Municipality
Mr D Ximbi (Western Cape, ANC) proposed that the Committee just endorse the notice and returned on another date to review or invite the affected province to brief them on details which the letters had not addressed.

Ms T Wana (Eastern Cape, ANC) seconded the proposal from Mr Ximbi noting that procedurally the Committee should consult with the particular MEC concerned in the province for a better understanding on when and which interventions the Committee could make recommendations on.

Mr M Mhlanga (Mpumalanga, ANC) also supported the proposal noting that the MEC should be invited to brief the Committee.

Mr M Chetty (KwaZulu-Natal, DA) noted that members of the Committee’s opinion on the last meeting was not articulated properly and was misinterpreted as though the house was in agreement. He asked with regard to the first intervention whether due process had been followed in terms of the department’s guidelines for the application of Section 139 of the Constitution. Secondly, and in particular,  was prior notice given to the Municipal Council, not only the Mayor, Speaker or Municipal Manager but the Council as a whole of the MEC’s intention to dissolve the Council, and if so, were there any responses and were they considered by the Provincial Executive before the decision to dissolve the Council was implemented. That should be clearly noted before the Committee goes on.

Mr Mhlanga agreed with Mr Chetty but cautioned that the Committee could not act until they were thoroughly briefed as what had been sent was a mere notice. The Committee should just take note of the notice and consider what was recommended but should wait for a proper briefing so as to get a clear picture before taking any decision on the matter.

Ms G Manolope (Northern Cape, ANC) said that the notice would take effect after 14 days. The Committee would get information on the procedure being followed only when meetings of MECs were scheduled because it was up to the Committee to decide on the way forward after they have been briefed. At the moment all that was required was to endorse the notice.

The Chairperson remarked that Members opined that Mr Chetty’s view was correct because they had not been privy to prior information on steps and actions taken to arrive at that decision. The procedure being followed required that upon receipt of a notice a reaction to the notice should be initiated which was what was being done in a bid to initiate a process that would bring clarity. Therefore, Members should go on with the approach of endorsing the notice.

Intervention Notice Mpofana Local Municipality
Mr Ximbi suggested that the Committee takes note of the notice and follows the same process with the first notice because they were fundamentally similar.

Mr Chetty suggested that the Committee should note it and raise the same concerns as those of the first one as well.

Mr Mhlanga seconded the noting of the second notice.

The Chairperson remarked that both notices were endorsed by the Committee, noting the concerns raised by Mr Chetty.

Second Term Committee Programme
The Chairperson said that Members should consider the processing of the interventions in terms of the Committee Programme.

Mr Mhlanga interjected by asking how the Committee intended to deal with the other notice from KwaZulu-Natal before them.

Mr Moses Manele, Committee Secretary Parliament responded that that was not an intervention notice before the Committee but rather an analysis of the particular municipality that had been made by Mr Mahlangeni, the Researcher of the Committee.

The Chairperson reiterated that it was a research report made with the intention to assist Members of the Committee with more information

Mr Manele outlined the proposed Second Term Committee Programme and Members deliberated on it.

Mr Chetty moved for the endorsement of the programme.

Mr J Julius (DA) seconded the move.

The Committee endorsed the programme.

The Chairperson thanked Members for their time and indulgence.

The meeting was adjourned.