BRIEFING DOCUMENT ON THE INTERVENTION IN THE IMPENDLE MUNICIPALITY

 

 

 

1.         PURPOSE

 

To provide a briefing report to the Select Committee on Local Government and Administration on the intervention by the Executive Council of the Province of KwaZulu-Natal undertaken in terms of Section 139 of the Constitution at the Impendle Municipality and the present status quo in the municipality.

 

 

2.         LEGISLATIVE PROVISIONS

 

Section 139 (1) (b) of the Constitution, provides as follows;-

“When a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive  may intervene by taking the appropriate steps to ensure fulfillment of that obligation, including-

(a)        issuing a directive to the municipal council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations,

(b)                assuming responsibility for the relevant obligation in that the municipality to the extent necessary  to –

(i)                   maintain essential national standards or meet established minimum standards for the rendering of a service;

(ii)                 prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or

(iii)                maintain economic unity; or”

 

 

3.         BACKGROUND

 

The background to the intervention in terms of section 139 of the Constitution is briefly the following :-

           

3.1         For an 18 month period during the 2004/2005 and 2006/2007 financial years the entire senior management of the municipality (including the Municipal Manager) were suspended.  The entire senior management cadre of the municipality were either dismissed or resigned after a forensic investigation and disciplinary enquiries supported by the department

 

3.2         Council then appointed a Municipal Manager with departmental support. However Council failed to pass the required resolution determining the terms and conditions of the Municipal Manager’s appointment.  The contract of the Municipal Manager has subsequently been terminated.

 

3.3         The municipality received departmental support and an amount of R2,7 million under the Municipal Assistance Programme (MAP) to undertake an number of projects to improve the financial position of the municipality and to enhance its administration.  An absence of senior municipal mangers and the lack of participation and commitment by the municipality’s MAP task team has hampered the MAP implementation and hence the implementation of the financial recovery plan.

 

3.4         The Auditor-General’s reports for 2003/2004 and 2004/2005 financial years has indicated serious deficiencies in management systems and other accounting and financial controls, and disclaimed audit opinions were issued in both years.

 

3.5         The Auditor-General’s report for 2005/2006 financial year has indicated further deficiencies and a qualified report was issued on the following basis:-

 

                                                              i.      general ledger not reconciled;

 

                                                            ii.      inadequate leave pay provision;

 

                                                          iii.      fixed asset register not in place;

 

                                                           iv.      no supporting documentation;

 

                                                             v.      weak HR management systems;

 

                                                           vi.      overstatement of accounts received based on incorrect VAT calculation;

 

                                                         vii.      irregular expenditure in respect of water function; and

 

                                                       viii.      major internal control weaknesses.

 

3.6         The Impendle Council was the only council which failed to approve its 2006/2007 budget prior to the start of the financial year in compliance with the Local Government : Municipal Finance Management Act, 2003.  The budget was ultimately passed after support and intervention by the department.

 

3.7         The following constraints have been identified for the current 2007/2008 municipal budget:-

 

                                                               i.      the Council has a limited revenue base and is primarily dependant on the equitable share and grant funding;

 

                                                             ii.      the Council will only have a small amount remaining in the budget once operational costs have been provided for. An amount of R2,2 million was applied to capital projects for the 2007/2008 year, and includes funding for projects not undertaken in the current year;

 

                                                            iii.      the draft budget did not cater for tariff increases and the municipality will be required to review and reconsider its position in the light of the Municipal Property Rates Act;

 

                                                            iv.      no provision has been made on the budget for the filling of the posts of Technical Manager and Corporate Services Manager.

 

3.8         The Council has appointed a Technical Section Head on a contractual basis, but below the level of Technical Services Manager.  The Mayor has expressed dissatisfaction that a Technical Services Manager was not appointed.  However it should be noted that there is no budgetary provision for this position of Technical Services Manager and the District Municipality manages the majority of the projects in the area.

 

3.9         Although a Chief Financial Officer has been appointed, key personnel in the municipal treasury have been suspended and there is limited capacity and no continuity.

 

3.10      The position of Corporate Services Manager has been interviewed for, but the MM and CFO has expressed concerns about affordability of the post, and that no budgetary provision has been made.

 

3.11      Due to the lack of support an interim contract has been entered into for the provision of these services.

 

3.12      The failure by the municipality to maintain a full compliment of senior management posts has placed the municipality’s administration in a precarious position and rendered it dysfunctional.  This has not improved despite support, financial investment and investigations undertaken.

 

Arising from the above the Provincial Executive Council resolved to intervene as follows

 

a)       to intervene in the Impendle Municipality as contemplated in terms of section 139 (1) (b) (I) of the Constitution.

 

b)       authorises the MEC for Local Government, Housing and Traditional Affairs to appoint a multi-disciplinary task-team of specialists with the appropriate expertise and knowledge in the applicable fields to assume the following obligations of the Impendle Municipality;

 

i)         to investigate and address the failure of the municipality to provide services in a sustainable manner to practise good human resource management, to procure goods and services in accordance with a system which is fair, equitable, transparent, competitive and cost-effective;

 

ii)       to investigate and address the failure of the municipality to provide an economic, accountable, effective and efficient administration;

 

iii)      to investigate and address areas of shortcomings in the municipal administration;

 

iv)      to ensure that the municipal manager is properly appointed;

 

v)        to ensure that senior municipal managers are appointed within the means and requirements of the municipality;

 

vi)      to address the shortcomings in the municipality’s management systems and financial systems and controls identified by the Auditor General;

 

vii)     to identify and address the issues of concern arising from the 2007/2008 budget;

 

viii)    to support the administration of the municipality;

 

ix)     to assist the municipality in filling key posts within the means and requirements of the municipality;

 

x)       to regularise the municipality’s Human Resource and management systems; and

 

c)       That the Task-Team so appointed reports to the Executive Council on any action taken in terms of their mandate.

 

 

4.        CURRENT STATUS

 

·         A detailed recovery plan has been drafted and is attached at Annexure A.

·         An acting Municipal Manager has been deployed to the municipality by the Provincial Department and has been appointed in such capacity by the municipal council.

·         A financial management expert has been sourced from the DBSA and is providing the required support.

·         Corporate service and Human Resource expertise has been accessed from the adjacent Umgeni local municipality to render support in these fields.