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INTERVENTION IN TWEELING TRANSITIONAL LOCAL COUNCIL AD HOC COMMITTEE
19 August 1999
CONSIDERATION OF TERMS OF INTERVENTION IN TWEELING TRANSITIONAL LOCAL COUNCIL
Documents handed out:
Report on Intervention in the Tweeling Transitional Local Council by the Executive of the Free State Provincial Government (see below)
The committee recommended that the Administrator [who was appointed in July 1999 to ensure that the Council's executive obligations were fulfilled] oversee the by-elections for the two vacant positions on the Council as well as the appointment of the treasurer. The report on the terms of intervention would be tabled in the NA plenary session on Monday. A vote would then take place to approve the intervention by the Executive of the Free State Provincial Government.
The Chairperson, Mr Bhabha (Mpumalanga, ANC) gave the committee a short description of the problems experienced in Tweeling based on their visit to the town. For example when the mayor of Tweeling had to be elected, the four independent councillors would leave the meeting, resulting in no quorum.
Two areas of contention were who would oversee the by-elections and the appointment of the treasurer position. It should either be the administrator who had been appointed since the intervention or the Town Clerk.
Chairperson Bhabha asked if the members agreed with the suggestion in the report that the administrator oversee the by-elections as well as the appointment of the treasurer. All members agreed. Those recommendations would then be tabled in the National Assembly on Monday 23/8/99.
Other interventions which still need to be investigated are Stilfontein, Wedela, Nooupoort and Viljoenskroon.
The meeting adjourned.
INTERVENTION IN TERMS OF SECTION 139 OF THE CONSTITUTION, IN THE TWEELING TRANSITIONAL LOCAL COUNCIL BY THE EXECUTIVE OF THE FREE STATE PROVINCIAL GOVERNMENT
Councillors of the Tweeling Transitional Local Council failed to hold monthly meetings for several months and also failed to meet as requested by the MEC for Local Government and Housing. Consequently the Council could not make decisions relating to its executive obligations. There are presently two vacant seats on the Council.
As a result of the failure to hold Council meetings, no decision could be taken to fill vacant posts on the Council's fixed establishment, which were crucial for carrying out the financial obligations of the Council, for example, water and electricity account statements could not be issued timeously. The resulting inadequate staff complement in the Treasury Section of the Council gave rise to a significantly reduced level of income. The average monthly income of the Council was reduced from about 60% to 18%.
A further problem experienced was that since CounciIIors did not report back to their constituencies, the community embarked on a boycott of payment of services. The reduced income prevented the Council from carrying out many of its functions, for example, collection of refuse and removal of solid waste. Council vehicles also fell into a state of disrepair. At one stage there was no money to purchase diesel for Council vehicles to collect refuse.
After the appointment of an independent financial consultant, on a part-time basis, to assist in carrying out the financial obligations of the Council, the average income increased to 70%. The Council currently has a credit bank balance of R100,059 and services are being rendered at an acceptable level.
On 19 July 1999 the MEC for Local Government and Housing appointed an administrator and two assistants to assist in ensuring that the executive obligations of the Council were carried out.
REQUEST FOR APPROVAL OF THE INTERVENTION IN THE TWEELING
TRANSITIONAL LOCAL COUNCIL IN TERMS OF SECTION 139(2)(c) OF THE
CONSTITUTION BY THE EXECUTIVE OF THE FREE STATE PROVINCIAL
The Executive of the Free State Provincial Government is seeking approval in terms of section 139(2)(c) of the Constitution with regard to their intervention in the Tweeling Transitional Local Council, on the following terms:
1. Filling of vacant seats on the Council
The Administrator must ensure that all vacant seats on the Council are filled in terms of the Local Government Transition Act, 1993.
2. Filling of vacant posts on the fixed establishment
The Administrator must ensure that all vacant posts on the fixed establishment that are necessary to enable the Council to carry out its executive obligations, are filled.
3. Financial management
The Administrator must ensure that -
3.1 rates, fees, levies and other outstanding monies due to the Council are collected;
3.2 the financial obligations of the Council are met;
3.3 the Council is placed in a position to comply with the provisions relating to
financial management as outlined in section 1 0(G)of the Local Government Transition Act, 1993 (Act 209 of 1993); and
3.4 policies and procedures for the use of assets and services of the Council are adhered to.
4. Co-operation of the Town Clerk
The Town Clerk must co-operate fully with the Administrator. In the event of a dispute between the Town Clerk and the Administrator relating to the affairs of the Council. the dispute must be referred for mediation by the local representative(s) of SALGA. Should the mediation not be successful in resolving the dispute, the MEC for Local Government and Housing's decision on the matter is final.
5. Report back to the Council and the MEC
The Administrator must submit a full written report on his activities to the Council and the MEC for Local Government and Housing on a monthly basis.
6. Report back to constituents
Councillors must report back to their constituents on a regular basis.
7. Ending of the intervention
The Intervention must end when -
7.1 all vacant seats on the Council are filled;
7.2 all vacant posts on the fixed establishment that are necessary to carry out the Council's executive obligations are filled; and
7.3 financial policies and procedures for the use of assets and services of the Council are in place and adhered to.
The Ad Hoc Committee recommends that the intervention by the Executive of the Free State Provincial Government be approved on the terms stated above.
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