ATC221003: Report of the Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlements on Consideration on the Notice of Intervention in terms of Section 139 (1) (C) the Constitution Ditsobotla Local Municipality, Dated 3 October 2022

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

Report of the Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlements on Consideration on the Notice of Intervention in terms of Section 139 (1) (C) the Constitution Ditsobotla Local Municipality, Dated 3 October 2022

 

1.       Background and Overview

 

  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 the Ditsobotla Local Municipality in terms of section 139(1) (c) of the Constitution, the Select Committee reports as follows:

 

  1. On the 15 September 2022, the North West MEC of the Department of Cooperative Governance, Human Settlement and Traditional Affairs tabled a notice of intervention in terms of section 139 (1) (c) of the constitution in Ditsobotla Local Municipality to the Chairperson of the National Council of Provinces.

 

  1. Subsequent to the tabling, the Chairperson of the National Council of Provinces, in terms of NCOP Rule 101, referred the section 139 (1) (c) notice of dissolution to the Select Committee of CoGTA for consideration and reporting. On the 29th of September 2022, the Select Committee conducted oversight visit to Ditsobotla Local Municipality.

 

2.       Objective of the Oversight Visit

 

2.1      The main objective was to interact with the internal and external stakeholders of the Municipality in order to solicit their opinions on the constitutional, procedural and substantive matters related to the invocation of section 139(1)(c) of the Constitution.

 

 

 

 

 

3.       General Overview of the Oversight Visit

 

3.1.     During the period of oversight visit, members of the Select Committee were briefed by the MEC of Department of Cooperative Governance and Traditional Affairs and the MEC of the Provincial Treasury on the constitutional, procedural and substantive matters related to the invocation including the rationale for intervening in terms of section 139 (1) (c) of the Constitution in the Local Municipality.

 

3.2.     The representative of the South African Local Government Association, the Mayor, representatives of the political parties, organised labour and external stakeholders made oral and written submission on the constitutional, substantive matters related to the invocation of the intervention.  

 

4.       Joint Briefing by the MEC of the Department of Cooperative Governance and Traditional Affairs and the MEC of the Provincial Treasury

 

4.1.     The MEC of the Department of Cooperative Governance and Traditional Affairs and the MEC of the Provincial Treasury jointly briefed the delegation of the select committee and the stakeholders on the invocation of section 139 (1) (c) of the Constitution in the Local Municipality.

 

4.2.     The presentation focused on background motivations for intervention, measures taken to normalize challenges in the local municipality, triggers leading to intervention, procedural matters relating to the intervention and secondment of intervention team to the local municipality. 

 

5.       Background

 

5.1.      Section 152(1) of the Constitution, 1996 stipulates that the mandate of local government is to provide democratic and accountable government for local communities; ensure provision of services to the communities in a sustainable manner; promote social and economic development; promote a safe and healthy environment and encourage the involvement of communities and community organizations in the matters of local government.

 

5.2.      These constitutional mandates remain our foundation to put necessary systems and controls in place if we were to change the phase of local government in our province. Section 152(2) of the Constitution stipulates that a municipality must strive, within its financial and administrative capacity, to achieve the mandate as set out in Section 152(1). Furthermore, Section 153 of the Constitution stipulates that a municipality must structure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community and to promote the social and economic development of the community.

 

5.3.      The National and Provincial Government in terms of Section 154 of the Constitution must by legislative and other measures support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions.

 

5.4.     Despite these empowering provisions of legislation aimed at `Making Local Government Work for Everyone‘ and ensuring `accountable, responsive and accessible`, our newly inaugurated councils in the North West Province in varying degrees are experiencing failure and collapse of governance and administrative systems in municipalities; where legislative provisions & prescripts are flouted, in particular SCM processes and procedures; noncompliance to the MFMA to the point where the Equitable share had to be withheld until normality is ensued.

 

6.       Motivation for Intervention in the Local Municipality

 

6.1.     That being the case, the Honourable Premier urgently responded and directed that MEC’s for COGHSTA, MEC L. Miga, MEC for Finance, MEC M. Rosho and MEC for COSATMA, MEC S. Lehari together with the administration team led by Head of Departments that reports to the above mentioned Executive Authorities  to implement as a matter of urgency measures that are meant to address all the challenges and risks which impacts on the stability and delivery of services to the communities of the affected municipalities. The delegation is led by MEC COGHSTA and has been assigned to deal with both the political and administrative challenges.

 

 

6.2.      This progressive approach was to give the new council a chance to resolve their challenges is not yielding desired outcomes despite the support thus far provided. By implication, provincial government faces the eminent risk of being stuck for the next 5 years with the same issues which were prevalent in the previous administration and putting service delivery at risk. The domino-effect is that the province may be rendered ungovernable.

                              

7.       Measures taken to normalize political and administrative challenges facing the local municipality 

 

7.1.      The Department together with Provincial Treasury intervened by the withholding of the equitable share entitled to the municipalities until Council sort out its challenges. The following were the conditions outlined for the release of the equitable share in Ditsobotla LM:

(a).       Submit the process plan for the recruitment and filling of all vacant senior positions, to PT and COGHSTA (the plan should not exceed three months)

(b).       Submit Council resolution to PT on the invocation of sec 139 (5) (a)

(c).       Submit a detailed report on the unspent Integrated National Electrification Programme (INEP) grant earmarked for upgrading the power station and measures put in place to address the impasse.

(d).       Submit a progress plan on addressing waste management and sewer spillages

(e)        Submit Council resolution on repayment plan of the Eskom debt

(d).       Submission of an approved implementation plan regarding the recent Public Protectors Report That the Council resolve on the appointment of the municipal valuer on the compilation of the new valuation roll.

 

8.       Triggers leading to the intervention in the Local Municipality

 

8.1.     The current reality is that there are serious challenges in Ditsobotla Local Municipality relating to power conflicts that resulted in the outvoting of the Mayor in a sweeping motion of no confidence. A new Mayor has been installed by majority councillors in a quorating council meeting. The ousted Mayor appointed the former Municipal Manager as the acting Municipal Manager whilst the reconstituted Council also appointed their own Acting Municipal Manager.

 

 

8.2.      The former Municipal Manager forcefully took office and installed bouncers on the municipal premises with guns and live ammunition to control access and deny all opposed to him including the (Mayor, Speaker) as well as other councillors’ access to the building. ABSA bank was instructed on change of signatories to the municipal account which has been contested whilst the workers of the municipality have been camping at the bank premises regarding the municipal bank account.

 

8.3.      In 2019, Cogta successfully implemented a court order against the former Municipal Manager which is still in force. Currently the municipality is operating with 2 Municipal Manager’s either of them not qualifying to act in that.

 

8.4.      Current situation as we write this submission is that there is no law and order in the municipality. MEC’s Rosho and Miga have recently met with all Council members who reported the current issues outlined below. They were advised to open cases against those who break the law and to ensure return to normality. It must be noted that in the same meeting, some of the Councillors (about 6-8) left the meeting whilst it was still in procession. Council was granted 3 days to take charge from date of meeting to resolve on the matters indicated and report to MEC’s an action that was not completed and reported on by the council.

 

8.5.      On the 18th of July 2022 it emerged from the news and videos circulating on social media that violence has erupted in the municipality. 2 security companies broke into a fight when one was terminated and Municipal Manager brought a new security company to the premises. The terminated security company refused to vacate site and instead there was confrontation which involved gun-shooting. It is alleged that some community members came and reinforced the fight wherein the new security company was ejected. 

 

8.6.     The Mayor allegedly appointed the suspended acting MM despite the court ruling that the appointment was unlawful (the appointment process was not tabled and approved by council). Councillors confirmed (2) parallel council meetings that took place on 15th June for purpose of appointment of acting MM and acting CFO. Decisions taken by both Councils resulted in duplicating appointments in Council (2 Mayors, 2 Speakers and 2 whip

 

 

8.7.      High rate of suspension of staff in administrative positions without following due processes. (In some instances cases take long to be finalised) High vacancy rate in senior management positions (The position of the accounting officer was vacant for the past three years) Decisions taken by both Councils resulted in duplicating appointments in Administration (2 MMs and 2 CFOs) Lack of implementation of SIU/Public Protector’s reports and no progress to address previous irregular appointments.

 

8.8.      There are conflicts centred around signatories of the municipal bank account. The municipality is in financial crisis. Disclaimer Audit opinion for the past 5 years. Unfunded Budget for the past 3 years. Non-payment of Eskom debt. Unspent INEP grant earmarked for upgrading the power station.

 

8.9.      Service delivery issues are not prominently discussed, planned and executed by the municipal council. SAKELIGA case to take over the powers of the municipality is gaining momentum.

 

9.         Oral and Written Presentation of South African Local Government Association (SALGA)

 

9.1.      The representative of the South African Local Government Association tabled an opinion that partially support the invocation of section 139 (1) (c) of the Constitution in the local municipality. However, the representative argued that the invocation is influenced by outsiders and there a lack certainty that it will deal with the actual challenges facing the local municipality. The representative indicated that challenges facing the local municipality are administrative. The representative emphasised the importance of deploying skilled people, provision of basic services such as water, roads, peace and comfort. The representative expressed doubt that the invocation of section 139 (1) (c) of Constitution will help the municipality to deal with current complex existing problems. In the written submission, SALGA highlighted a number of support provide to the municipalities in north west including Ditsobotla. These support include the following:

 

(a)        Facilitated PMS Session on Proposed Framework/Concept Model on Development and Cascading of PMS for Employees and Staff levels below Senior Management in Municipalities for Ngaka Modiri Molema District and its Local Municipalities (Mafikeng, Ratlou, Ditsobotla, Tswaing and Ramotshere Moiloa) 0n 17th February 2022.

 

(b).       Distributed Circular and Guidelines to Municipalities Salaries and Wages implementation 06/10/21 Issued notice: negotiation team/mandate seeking northwest collective agreements on conditions of services for the north west division of the SALGBC negotiation 14/10/21 SALGA North West has distributed Circular 7/2021 Collective Agreement on Retirement Fund to our member municipalities 18/09/2021.

 

(c).       Distribute is invited the Mandating team on collective agreement on conditions of services 18-19 March 2022. Issued and submitted the letter for second round negotiation on conditions of services collective agreement 25 March 2022. 1) Convened COVID 19 Municipal Rearrangement Framework with Dr Ruth Mompati and Ngaka Modiri Molema District Municipalities 8 September 2021 (Virtual Session).

 

(d).       Convened Human Resource and Labour Relations Practitioners Forum and Facilitated COVID 19 Induced Organizational Rearrangement & Work from Home/Business Continuity Draft Framework 9 March 2022 for the sector and member municipalities for adoption.

 

(e)        Implementation of Governance support tools and guidelines for municipalities including delegation of Authority framework. Facilitated engagements with municipalities and other key stakeholders on the implementation of Transition Management Plan on 22 September 2021.

 

(f) .       Information sharing sessions and dissemination of NRW throughout the year. Non-Revenue Provincial Plan was developed to guide municipalities on the implementation of NRW projects. JB Marks NRW project proposals. And two (2) officials took part in the NRW Facilitators under JICA and DWS programme.

 

(g).       Ditsobotla LM participates in the Provincial UISP/ PHSHDA meetings which are a support structure to municipalities in the Upgrading of Informal Settlement Program and the Priority Housing Program.

 

10.       Opinions of Internal and External Stakeholders on Invocation of Section 139 (1) (c) in Ditsobotla Local Municipality

 

 

10.1.     The representative of the African National Congress(ANC) tabled an opinion against the invocation of section 139 (1) (c) of the constitution in the local municipality. the mayor indicated that prior to the appointment of the acting Municipal Manager, a letter was written to the MEC of CoGTA requesting guidance after noticing that Ms Ledwaba’s term was coming to an end on 1st June 2022. However, that was no response from the office of the MEC.  The written submission of the mayor indicates that the current council inherited a municipality that has been adopting unfunded budget, financial crisis, inability to pay ESKOM debt, litigation challenges, non- payment of rates by the business as the result of slow reaction by the municipality to provide services needed, lack of tools of trade such s photocopy machines, papers, computers and mayoral car.  The mayoral written submission indicates that the current council is expected to resolve long outstanding challenges including financial challenges, lack of capacity in administration, corruption and infighting by the previous council. 

 

10.2.     The representative of the Democratic Alliance (DA) tabled an opinion against the invocation of section 139 (1) (c) of the constitution and recommended the invocation of section 139 (1) (a) or (b) or section 139 (5) or 139 (7). The written submission of the Democratic Alliance raised several concerns around previously failed interventions, financial administration, service delivery problems, ANC political factionalism undermining governance and service delivery.

 

The DA written submission raised concerns about the failure by the Department of CoGTA to give effect to a judgement obtained against the appointment of the former municipal manager, failures to implement post audit plans, improvement and strengthening of internal control measures, institution of consequence management, tabling of SIU report in the council, implementation of the recommendations of the pubic protector, deployment and redeployment of failed administrators, cadre deployment.  

 

On current municipal challenges, the written submission of the Democratic Alliance raised serious concerns related municipal failures to appointment of skilled and qualified municipal officials, skills auditing, appointment into administration of previous political office bearers without adequate job descriptions, filling of critical vacancies for skilled and technical position at middle management, implementation of the recruitment process plan for the appointment of senior management, payment of third party deductions, payment of suppliers and service providers within the prescribed 30 days, updating of indigent registry,  extended vacancy of the position of Chief Financial Officer, provision of tools of trade, updating of municipal valuation roll, excessive expenditure on litigation, section 54 managers filled on temporary basis without relevant qualification, dysfunctionality of supply chain management, undermining of legislative oversight mandate and subversion by political office bearers and officials, sabotage and vandalism of infrastructure by officials, constant violence of employees resulting in several hostages, shooting incidence, regular protest actions and lack of assistance from South African Local Government Association with regard to the current municipal challenges. 

 

10.3.     The representative of the Economic Freedom Fighter (EFF) tabled an opinion that support the invocation of section 139 (1) (c) of the Constitution in the Local Municipality. The representative raised concerns about lack of service delivery, illegal appointment of municipal senior officials.

 

10.4.     The representative of the Freedom Front Plus tabled an opinion that support the placing of the Local Municipality under section 139 (1) of the Constitution. The representative raised concerns about the failure of the municipality to action remedial actions, implementation of the recommendations, lack of feedback, unilateral appointment of municipal manager, lack of support and the need to elect a new municipal council.

 

10.5.     The representative of the African Christian Democratic Party (ACDP) tabled an opinion against the invocation of section 139 (1) of the Constitution in the Local Municipality. The representative raised concerns about illegal appointment of the municipal manager who lacked experience and never worked in municipal environment, lack of senior managers and the failure of the Department of Cooperative Governance and Traditional Affairs to respond to the municipal request to provide support in terms of section 154 of the Constitution. 

 

10.6.  The representative of Forum for Service Delivery (FSD) tabled an opinion against the placement of the local municipality under section 139 (1) (c) of the Constitution. The representative raised concerns that the challenges faced by the current municipal council started since 2012, infighting within the ANC, duplications of the mayors, speakers and chief whips as the result of political problems within the ANC. 

 

10.7 The representative of South African Municipal Worker Union (SAMMU) tabled an opinion against the invocation of section 139 (1) (c) of the Constitution in the local municipality. The representative raised concerns about lack of impact of the interventions, non-payment of ESKOM debts, non-payment of salaries, instability caused by provincial government, appointment of unqualified Acting Municipal Manager, conflict between the mayor and the speaker caused by provincial government, business interest of the MEC in the municipality and application of section 139 (1) (c) for political reasons. The union representative argued that the current councillors are better that the previous one because of their commitment to fight against corruption.

 

10.8.     The representative of the Dutch Reformed Church (DRC) tabled an opinion that support some kind of intervention. The representative raised concerns about lack of service delivery and emphasizing the need to provide more water tankers to deal with water crisis affecting the local community.

 

10.9.     The representative of Lichtenburg Business Chamber (LBC) tabled an opinion that support the invocation of section 139 (1) (c) and the appointment of the Administrator and Municipal Managers. The representative however, raised several concerns relating to the functionality of the local municipality. these included loss of confidence in the municipality, corruption, lack of impact of intervention, need for effective and transparent governance. The representative made several recommendations including staff auditing, dealing with bloated administration, investigation of cadre deployment, suspension of officials with criminal records and pending investigation, provision of service delivery and ring-fencing of funds by the national treasury for payment of ESKOM and other service providers.

 

10.10    The representation of Community Policing Forum (CPF) raised concerns about the nature of working with criminals, lack of service delivery provision such as water and electricity. The representative made an appeal to the municipal managers not to take a side.

 

10.11.   The representative of School Governing Bodies (SGP) raised concerns about poor service delivery. The representative indicated that the requires water, toilets, electricity, proper sanitation and financing. The representative further indicated the community needs clean, effective and transparent governance as well as the provision of housing that has been promised by the government in the past years.

 

10.12. The representative of the Women Forum (WF) raised concerns about gender based violence in the community. The representative also raised serious concerns about the beaten of women accused of municipal equitable share. The representative made allegation about the criminals send by the ANC to beat women. The representative argued that the invocation of section 139 (1) (c) of the constitution in the local municipality should fix the municipality and hiring of criminals accused of corruption and misuse of equitable share formula. 

 

10.13. The representative of Carwash and Shine (CWS) raised concerns about water and electricity challenges which impact on already 40 employed people.

 

10.14. The representative of the Trade and Wholesale Association (TWA) raised concerns about the financial situation of the municipality, lack of competent and knowledgeable officials, bloated administration, use of consultants, financial mismanagement and lack of accountability on who access to the municipal bank account.

 

10.15. The representative of the Medical Practitioners Association (MPA) raised serious concerns about the problem related to the provision of water and electricity which impact on human life. The representative raised also concerns about potholes which result to the breaking of ambulances. 

 

10.16.   The representative of South African National Civic Association (SANCO) tabled an opinion that support the invocation of section 139 (1) (c) of the constitution in the local municipality. the representative raised serious concerns about corruption, political infighting, non-compliance with supply chain management, ESKOM debts, political instability, nepotism and appointment of unqualified municipal officials, litigations, irregular appointment of contractors.

 

11.       Observation and Opinions of the Select Committee

 

11.1.     The Select Committee has noted that in terms of section 139 (2) of the constitution, if a Provincial Executive Intervenes in a municipality in terms of subsection (1)(c), the provincial executive must immediately submit a written notice of the dissolution to the Cabinet member responsible for local government affairs; and the relevant provincial legislature and the National Council of Provinces; and that the dissolution takes effect 14 days from the date of receipt of the notice by the Council unless set aside by that Cabinet member or the Council before the expiry of those 14 days.

 

 

11.2.     The Select Committee has noted with regard to constitutional and procedural requirements that a written notice of intervention in terms of section 139 (1) (c) of the Constitution in Ditsobotla Local Municipality was submitted to the Minster of the Department of Cooperative Governance and Traditional Affairs, the North West Provincial Legislature and National Council of Provinces on 15th September 2022.

 

11.3.     In line with the approval requirements prescribed in section 139(3) of the Constitution, the Select Committee has noted that on 29 September 2022, the Minister of the Department of CoGTA concurred with the decision by the North-West PEC to intervene in Ditsobotla Local Municipality by dissolving the Municipal Council in terms of section 139(1)(c) of the Constitution, and appointing an Administrator until a newly elected Municipal Council has been declared elected.

 

11.4.     The Minister has approved the intervention in the local municipality on conditions that (1) , the Administration Team should be constituted with clear Terms of References to assume all the powers bestowed by the Constitution and other relevant legislations to a Municipal Council, (2) the Administration Team, supported by the provincial and national Department, and SALGA, should develop a plan to deal with all the identified challenges experienced by the municipality against which they will deliver corrective measures for the triggers of the intervention, and report on progress to the PEC every month;  (3)  that the National Department of Cooperative Governance be provided with monthly and quarterly progress reports, and a close-out report upon revocation of the intervention; (4) That the MEC, through the Administrator and/or Municipal Manager, liaise with the Independent Electoral Commission to alert on the dissolution of the Ditsobotla Municipal Council.

 

11.5.     The Select Committee has noticed that the Minister of the Department of Cooperative Governance and Traditional Affairs has considered among other when approving the intervention, the challenges experienced by the municipality regarding serious shortcomings prevalent in the Local Municipality, the existence of two parallel Municipal Councils operating in the municipality, with two Mayors, two Speakers and two Chief Whips in the Municipal Council.

 

11.6.     The Minister has also noted the ever non-fulfilment of the executive and other legislative obligations that have necessitated the invocation of section 139(1)(c) of the Constitution in that municipality.

 

11.7.     The Select Committee has further noted that section 139 (1) (c) of the Constitution has been invoked along section 139 (5) of the MFMA by the Provincial Treasury to implement the mandatory financial recovery plan in Ditsobotla Local Municipality as this municipality is under financial distress.

 

11.8.     The Select Committee has noted with greater concern the existence of criminal elements within the municipality, non–compliance with legislation and supply chain management policy, leadership squabbles between the offices of the Mayor and the Speaker, municipal council failure to carry out its executive and other legislative mandates as stipulated in terms of section 152 (1), 152 (2) and 153 of the Constitution of the Republic of South Africa.

 

11.9.     The Select Committee has furthermore noted the opinions concerns of both internal and external stakeholders on the need to ensure municipal ethical leadership, conflict management between the Mayor and the Speaker, good governance, sound financial management, lean as opposed to boated municipal administration, appointment of qualified, competent and skilled officials, fight against corruption, commitment to deal with political interference in administration, implementation of consequence management, implementation of the recommendations of Special Investigation Unit’s (SIU) and Public Protector’s Reports,  provision of service delivery such as electricity, water, roads and lack of impact of previous section 139 (1) (b)  invoked in the Local Municipality.

 

11.10. The Select Committee has on the basis of the written submission of the Democratic Alliance noted numerous concerns related to previously failed interventions, ANC political factionalism undermining governance and service delivery, non-tabling in the Council of SIU report following investigation into the previous administration, non- implementation of the Public Protectors report into inherent nepotism in appointments, deployment and redeployment of failed administrators, adoption of unfunded budget, collapse of water and sanitation services,  devaluation of properties in Lichtenburg due to lack service delivery impacting on local economic development, substantial financial losses as a result of water leaks.

 

 

 

11.11. On current municipal challenges, the Select Committee has further noted the concerns of the Democratic Alliance on failures related to appointment of skilled and qualified municipal officials, skills auditing, appointment into administration of previous political office bearers without adequate job descriptions, filling of critical vacancies for skilled and technical position at middle management, implementation of the recruitment process plan for the appointment of senior management, payment of third party deductions, payment of suppliers and service providers within the prescribed 30 days, updating of indigent registry,  extended vacancy of the position of Chief Financial Officer, provision of tools of trade, updating of municipal valuation roll, excessive expenditure on litigation, section 54 managers filled on temporary basis without relevant qualification, dysfunctionality of supply chain management, undermining of legislative oversight mandate and subversion by political office bearers and officials, sabotage and vandalism of infrastructure by officials, constant violence of employees resulting in several hostages, shooting incidence, regular protest actions and lack of assistance from South African Local Government Association with regard to the current municipal challenge.

 

11.12.   The Select Committee is of the opinion that the substantive matters raised by the internal and external stakeholders generally, require the National Council of Provinces to approve a resolution that will ensure municipal good governance, sound financial management, organisational development, effective public participation and service delivery in the Ditsobotla Local Municipality in accordance to the constitution and existing legislations.

 

11.13.   The Select committee has noted the position of the members of the Democratic Alliance against the approval by the House of the intervention in terms of section 139 (1) (c) of the Constitution in Ditsobotla Local Municipality

 

12.      Recommendations of the Select Committee

 

12.1.   Having solicited the opinions of the internal and external stakeholders in line with the constitutional requirements of public participation on the constitutional, procedural and substantive matters related to the invocation of section 139 (1) (c) of the Constitution, the Select Committee recommends to the National Council of Province as follows:

 

. 12.1.1         The National Council of Provinces approves the invocation of section 139 (1) (c) of the Constitution in Ditsobotla Local Municipality.

12.1.2           The Administrator appointed in terms of section 139 (1) (c) of the Constitution must also conduct a skills Audit to ascertain the kind of skills available within the local municipality and the areas needing augmentation

 

12.1.3           The Select Committee on Cooperative Governance and Traditional Affairs should within a month call the MEC of the Department of Cooperative Governance and Traditional Affairs and MEC on Finance to explain their section 139 (5) interventions in all Municipalities in North West.

 

12.1.4.          The Select Committee is calling for law enforcement agencies such as the Special Investigation Unit (SIU) to investigation allegations of corruption and appointment of unqualified staff within the Ditsobotla Local Municipality

 

12.1.4.          The Select Committee has learned with concern that the MEC of North Department of Cooperative Governance and Traditional Affairs has taken un-procedural step to appoint the Administrator for the municipality before Committee has deliberated, adopted and table the report to the National Council of approval or disapproval.

 

12.1.5.          The steps taken by the MEC to appoint the Administrator before the decision of the NCOP are not procedural and thus invalid, undermines the legal process and perpetuate the unfounded perception that the NCOP process is merely a rubber-stamp process. As a result, the select committee has resolved to invite the MEC within a month to appear before the committee to give reasons for her actions    

 

12.1.6.          In compliance with the conditions of Ministerial approval of the Intervention in terms of Section 139 (1)(c) The MEC of COGTA through the Administrator and/or Municipal Manager, liaise with the Independent Electoral Commission to alert on the dissolution of the Ditsobotla Municipal Council.

 

 

 

Report to be considered