Section 139 Interventions: Amahlathi Local Municipality & Richmond Local Municipality

Share this page:

Meeting Summary

The Committee considered and approved two reports on section 139 interventions in Amahlathi Local Municipality and Richmond Local Municipality Intervention. Both reports recommended intervention to the NCOP House.

Meeting report

PMG did not attend this meeting. The report was put together from documents and a discussion with the committee secretary.

Committee Report on Amahlathi Local Municipality Intervention

The Committee considered its report on the intervention notice invoked in Amahlathi Local Municipality in terms of section 139(1)(b) and (5) of the Constitution. The matter was referred to the Committee by the National Council of Provinces (NCOP), to consider and report on.

The Amahlathi Local Municipality started experiencing upheavals and disruption in service delivery as from March 2017, due to a standoff between the workers and the leadership of the Municipality.

On 15 August 2019, the Select Committee conducted a loco inspection in Amahlathi Local Municipality and met with all the relevant stakeholders.

The Committee’s recommendations included the following:

  • The NCOP approves the intervention in Amahlathi Local Municipality in terms of section 139(1)(b) and (5) of the Constitution.  
  • The Eastern Cape MEC for CoGTA should table the departmental investigation report, implementation plan and the forensic investigation report in terms of section 106 of the Local Government: Municipal System Act (Act 32 of 2000) to the NCOP, after tabling it to the Municipal Council of Amahlathi Local Municipality.
  • The Eastern Cape MEC for CoGTA in collaboration with the National Minister for CoGTA should provide continuous support in terms of section 154 of constitution and other relevant prescript to the Local Municipality

The report was unanimously agreed to by the Committee (without amendments).

Committee Report on Richmond Local Municipality Intervention

The Committee considered its report on the intervention notice invoked in Richmond Local Municipality in terms of section 139(1)(b) of the Constitution. The matter was referred to the Committee by the National Council of Provinces (NCOP), to consider and report on.

As far back as December 2017, allegations of maladministration, fraud and corruption surfaced against the Director Technical Services, while criminal charges were brought against the Chief Financial Officer (CFO) who were suspended by the Municipality in February and May 2018 respectively.

On 14 August 2019, the Select Committee conducted a loco inspection in Richmond Local Municipality and met with all the relevant stakeholders.

The Committee’s recommendations included the following:

  • The NCOP approves the intervention in Richmond Local Municipality in terms of section 139(1)(b) of the Constitution.
  • The KwaZulu-Natal MEC for CoGTA should table the forensic investigation report in terms of section 106 of the Local Government: Municipal System Act (Act 32 of 2000) to the NCOP, after tabling it to the Municipal Council of the Municipality.
  • In respect to consequence management, all cases of unauthorised expenditure incurred by the Municipality should be investigated to determine if any person is liable for the expenditure, as required by section 32(2)(a) of the MFMA. Equally, all cases of irregular expenditure incurred by the Municipality, should be investigated to determine if any person is liable for the expenditure, as required by section 32(2)(b) of the MFMA.
  • The KwaZulu-Natal MEC for CoGTA should conduct an investigation on the allegation of the misuse of the municipal mayoral vehicle, and ensure disciplinary measures are taken to whoever is responsible.

The report was unanimously agreed to by the Committee (without amendments).

The meeting was adjourned.

Audio

No related

Present

  • We don't have attendance info for this committee meeting

Download as PDF

You can download this page as a PDF using your browser's print functionality. Click on the "Print" button below and select the "PDF" option under destinations/printers.

See detailed instructions for your browser here.

Share this page: