BRIEFING DOCUMENT ON THE INTERVENTION IN THE GREATER KOKSTAD 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 Greater Kokstad municipality and the present status quo in the municipality.

 

2.         LEGISLATIVE PROVISIONS

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

“When a municipality cannot or does not fulfill 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 fulfill 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     The municipality received support from the department’s Municipal Assistance Programme (MAP) for the 2003/4 financial year.  Amounts of R1,9 million and R1,5 million were set aside to address the undermentioned challenges facing the municipality in the 2003/4 and 2004/5 years, respectively:-

·        poor municipal cash flow;

·        no comprehensive financial management plan;

·        an old and outdated financial management plan;

·        no system to manage debt collecting; lack of human resource planning;

·        municipal properties were leased at below market rates;

·        municipal properties were sold at below market value;

·        a corrupt housing programme that resulted in a forensic audit;

·        unlawful approval of increases to Councillors’ allowances;

·        council approving unlawful loans to councillors and officials;

·        the regrading of the municipality from a grade 6 to a grade 9 municipality;

·        poor formulation of the Integrated Development Plan for the municipality;

3.2              In June 2004 Eskom notified the National Minister of Provincial and Local Government of its intention to disrupt electricity supply to the municipality due to the municipality failing to meet its obligations to Eskom over the past 4 months;

3.3              Due to poor cooperation from the municipality the MAP intervention had not yielded the envisaged outcomes;

3.4              The budget process for the 2004/5 financial year had not commenced 4 months into the financial year;

3.5              It was decided that the national department of Provincial and Local Government would intervene to assist, and a comprehensive MAP Recovery Plan would be instituted, and that this would be jointly championed by the municipality, the district municipality, the province, the national department and the DBSA.

3.6              An estimated R12 million was invested to undertake a number of projects to improve the financial position of the municipality and to enhance administration.  However a due diligence exercise has shown that very little value has been received for this investment.

3.7              Financial management at the municipality has not improved despite the support, financial investment, investigations and initiatives undertaken.  This is evident from the fact that the municipality has received a disclaimed audit for the 2005/6 year, indicating financial problems and poor financial management and decision making.

3.8              The report of the Auditor General on Performance Management at the municipality for the year ending June 2005 has indicated that the performance management and supporting systems at the municipality had not progressed to the point where they could be audited.  The report for the year ending June 2006 also highlighted that the council had not fulfilled certain executive obligations including the following:-

·        the Integrated Development Plan was not reviewed annually;

·        the Performance Management System had not been adopted;

·        the municipality had not monitored and compared actual and targeted progress for actual service delivery;

·        no internal audit reports were provided;

·        no performance management report was prepared. 

3.9              The municipality also failed to comply with the requirement to submit an annual report as contemplated by the Municipal Finance Management Act, 2003

3.10           Arising from the above, the Provincial Executive Council resolved to intervene as follows:-

the Greater Kokstad Municipality appoints a multi-disciplinary task-team of specialists with the appropriate expertise and knowledge in the applicable fields in consultation with, and upon the instruction of the MEC for Local Government, Housing and Traditional Affairs to review the affairs, administration and financial management of the municipality in order to refine a turn-around strategy for the municipality for the effective administration and financial management of the municipality, in order to provide an economic, accountable, effective and efficient administration;

it directs the Greater Kokstad Municipality Council to cooperate with the task-team and to undergo capacity empowerment to improve its oversight functions and responsibilities;

 

it directs the Greater Kokstad Municipality Council to report to the Executive Council on any action taken in terms of their mandate.

 

It authorises the MEC for Local Government, Housing and Traditional Affairs to take such steps as are necessary to give effect to the above resolutions.

 

4.        CURRENT STATUS

 

·         The Provincial Department is providing support in respect of matters arising from the report of the Auditor-General

 

these include the fixed asset register, VAT returns, credit control and debt management and staffing matters.

 

·         Financial and technical expertise is being sourced from the DBSA.

 

·         A turn – around strategy is being refined for implementation.  A copy of the draft strategy is attached hereto.