ATC191105: Report of the Select Committee on Co-operative Governance and Traditional Affairs, Water, Sanitation and Human Settlements on Fetakgomo Tubatse Local Municipality, dated 05 November 2019

NCOP Cooperative Governance & Traditional Affairs, Water and Sanitation and Human Settlements

Report of the Select Committee on Co-operative Governance and Traditional Affairs, Water, Sanitation and Human Settlements on Notice of Intervention issued in terms of section 139(1)(b) of the Constitution (1996), in Fetakgomo Tubatse Local Municipality, dated 05 November 2019
 

1.         Background and Overview

 

1.1        The Select Committee on Co-operative Governance and Traditional Affairs, Water, Sanitation and human settlement, having considered the request by the National Council of Provinces (NCOP), to consider and report on the intervention notice invoked in Fetakgomo Tubatse Local Municipality in terms of section 139(1)(b) of the Constitution, the Select Committee reports as follows:

 

1.2        On 25 June 2019, the Limpopo MEC for the Department of Cooperative Governance, Human Settlement and Traditional Affairs tabled to the Office of the Chairperson of the National Council of Provinces the notice of intervention in terms of section 139 (1) (b) of the Constitution in Fetakgomo Tubatse Local Municipality. 

 

1.3.       Subsequent to the tabling, the NCOP, the Office of the Chairperson of the NCOP referred in terms of Rule 101 of the NCOP, the notice of intervention by the North West MEC for Local Government and Human Settlement (CoGTA), to the Select Committee for consideration and reporting.

 

1.4.       On procedural compliance, the Select Committee has noted that the MEC for CoGTA tabled the notice of intervention after 180 days and has failed to comply with the constitutional requirements of tabling the notice of intervention in terms of section. 

 

1.5.       The intervention began in the local municipality on 21 December 2018. The National Council of Provinces received the notice of intervention from the Limpopo MEC for CoGTA on 25 June 2019

 

 

 

2.         Recommendations of the Select Committee

           

2.1.       Having considered the notice of intervention in terms of section 139 (1) (b) of the constitution in Fetakgomo Tubatse Local Municipality, the Select Committee on Co-operative Governance and Traditional Affairs, Water, Sanitation and Human Settlement, recommends to the House as follows:   

 

2.1.1.                The NCOP notes that the notice of intervention was tabled by MEC of Limpopo Department of Cooperative Governance, Human Settlement and Traditional Affairs after 180 days and did not comply with the constitutional and procedural requirements of tabling the notice of intervention in terms of section 139 (1) (b) of the Constitution.   

 

 Report to be noted