ATC130910: Report of the Select Committee on Cooperative Governance and Traditional Affairs On The Oversight visit to Umvoti Local Municipality – dated 10 September 2013
REPORT OF THE SELECT COMMITTEE
ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON THE OVERSIGHT VISIT TO UMVOTI
LOCAL MUNICIPALITY DATED 10 SEPTEMBER 2013
On the 17
2013, the MEC of KwaZulu-Natal Province tabled a notice of
intervention to the Office of the
Chairperson of the National Council of Provinces
of section 139(1)(b) of the Constitution at Umvoti Local
Subsequent to the
tabling, the Chairperson of the NCOP referred the notice of
intervention in terms of Rule 101, to the
Select Committee on Cooperative
and Traditional Affairs, for consideration and reporting. Later on the 15
August 2013, the Committee
conducted an oversight visit to the Umvoti Local
Purpose and Objectives of the Oversight Visit
purpose and objectives of conducting the oversight visit was to consult and
interact with the internal and external stakeholders of the Municipality, in
order to solicit their opinion with regard to the intervention in the Municipality
in terms of section 139(1)(b) of the Constitution.
of the Delegation
delegation of the Committee was composed of the following Members of Parliament
and Officials: Hon MH Mokgobi, Limpopo (ANC); Hon AG Matila, Gauteng (ANC); Hon
(ANC); Hon B Nesi, Eastern Cape (ANC); Hon TMH Mofokeng, Free State (ANC); Hon
MV Manzini, Mpumalanga (DA);
Hon J Bekker, Western Cape (DA); Hon MW Makhubela, Limpopo (COPE); Hon
JJ Gunda, Northern Cape (ID); Hon. MMM. Zulu, KwaZulu-Natal (IFP); Mr NA Mfuku,
Content Adviser (Committee Section); Mr MT Manele, Committee Secretary
(Committee Section); Mr BM Mahlangeni, Committee Researcher (Research Unit); Mr
MC Mbebe, Procedural Officer (NCOP) and Mr N Mangweni, Administration Assistant
General Overview of Oversight Visit to Umvoti Local
On the 15
2013, the delegation of the Select Committee on Cooperative
Governance and Traditional Affairs
had interaction and consultative meeting with the
internal and external stakeholders of the Municipality.
The stakeholders included the
Speaker, Chief Whip, the Administrator and representatives of the Business
Sector, Organised Labour and Ward
Intervention at Umvoti
Local Municipality in Terms of Section 139(1)(b) of the 1996 Constitution
On the 17
2013, the Provincial Executive Council (PEC) of the Province of
KwaZulu-Natal resolved to intervene in terms of
section 139(1)(b) of the
in Umvoti Local Municipality, as a result of political infighting which
commenced since November 2012. The
political tensions in the Municipality, led to
various staging of walk-outs from Council meetings and motions for removal of
offices-bearers and structures
submitted and passed by the Council.
In the Municipality, there
was a culture of distrust and disharmony, which resulted in
the negative impact
on the Councils obligation to provide
There were irregular
elections of the new Executive Committee members, which left
the Municipality with one office bearer,
the Speaker, whose motion of removal was
submitted on the 05
July 2013. As a result, the Municipality was
administration, for the Administrator to ensure adherence to section 51 of
the Local Government: Municipal System Act
(Act No. 32 of 2000), and restore
service delivery, improve
financial systems, enhance revenue collection,
institutional performance and meeting of constitutional objects of local
Findings of the Administrator
The Administrator has
identified areas of instability and disfunctionality in the
Municipality, due to the lack of clarity on
governance structures and office bearers.
was possible abuse of municipal resources by those perceived to be office
bearers. Equally, there was political
interference in the administration and security
threats to staff and councillors. There also potential
service delivery protests in the
and non-compliance with statutory obligations and section 56 regulations
in filling positions.
There was also a possible
existence of ghosts employees and a high level of senior
management vacancies. With regard to good
governance and public participation,
was a political party-aligned public participation structures and lack of
on local economic
Municipal Turn-Around Strategy and
In order to turn around
the Municipality, the Administrator tabled to the delegation of
the Committee the Municipal Turn-around Strategy
and a Recovery Plan. The
Plan focused on issues related to governance; institutional
development; revenue collection; service
delivery; operation clean audit and local
Recovery Plan on Governance
Recovery Plan on Governance focused on the following issues:
Developing, implementing and updating of the Standing Rules and Orders.
Developing and implementing the terms of reference for all governance,
statutory and administrative structures.
Compiling and implementing the roles and responsibilities for governance
structures, office bearers, Municipal Manager and other senior managers.
Compiling and implementing the delegation of authority framework.
Conducting workshops and implementing the code of conduct and ethics for
councillors and staff.
Reviewing the Ward Committee Policy Framework and structures.
terms of institutional development, the Administrator intends to review and
align all staff establishment, with priorities of the Integrated Development Plan
(IDP). Equally, ensuring there is effective communication with the municipal
personnel. The Administrator will make certain that disciplinary matters are
finalized, and the commissioning and implementation of the forensic
investigations, including recovery measures where necessary. In addition, there
will be mechanisms developed with regard to the declaration of interests.
intervention will ensure the filling of critical vacant posts with adequately
qualified and experienced personnel. A work-study will be conducted, with the development
of staff personal development plans, and re-deployment where necessary.
In respect to revenue
collection, the valuation roll will be verified and finalized,
and other alternative income streams will be
explored. Plans are in place with
to reviewing and devising effective and efficient monthly financial reporting
systems for debt management,
wasteful, fruitless and irregular expenditure. This also
involves the reviewing of the management of
conditional grants mechanisms, as well
ensuring the implementation of free basic service delivery policy framework.
Equally, the supply chain management
systems will be enhanced.
Basic Service Delivery
In respect to the
delivery of basic services, the following is envisaged:
Compiling and implementing the Infrastructure Maintenance Plan.
Ensuring the smooth implementation of planned capital projects.
Reviewing blocked projects and ensuring the implementation of new
Reviewing of non-performing projects and contracts.
Ensuring the filling of non-technical positions with qualified personnel.
Providing special attention to the demands of township residents and
Establishing landfill site and introducing waste recycling opportunities.
Implementing the rural roads rehabilitation project.
Eradicating the backlogs on electricity access and the introduction of
alternative source of energy.
Clean Audit and Governance
Administrator aims to ensure compliance with the submission of Annual Financial
Statements and draft Annual Reports to the Office of AuditorGeneral by the 31
of August 2013. This will also involve the monthly monitoring and updating of
GRAP asset register, and the preparation and submission of credible section 71
Administrator plans to ensure that the communication from Auditor-
General is timeously attended to, and queries
are timeously resolved. This will
that councillors and staff be appraised of operation clean audit and
Local Economic Development (LED)
as a key performance area is used with the aim of ensuring vibrant local
economy, in order to provide employment for
residents and generates a revenue
for the Municipality. The Administrator aims to ensure
the finalization and
of the LED Strategy.
The Strategy involves the
formation of cooperatives and market access, as well as
ensuring that the Municipality benefits from initiatives
like the small town rehabilitation
corridor development. The Municipality will participate in the provincial
Opinion of Organised Labour
on Intervention at Umvoti Local Municipality
The representative of South
African Municipal Workers Union (SAMWU) indicated that the Union welcomed and
supported the decision of the Provincial Executive to place the Municipality
under section 139(1)(b) of the Constitution. The Union further welcomed the
appointment of the Administrator, and the efforts made to develop the Turn-around
Strategy and the Recovery Plan.
Union further expressed its willingness and commitment to collaborate with the Administrator
in implementing the Municipal Recovery Plan.
representatives of the Ward Committee Members from (Wards 4-10), generally
welcomed the intervention of the Provincial Department of Cooperative
Governance and Traditional Affairs at the Municipality. The representative of
Ward 4 raised concerns about the lack of office for Ward Committee members, non-functionality
of ward meetings and lack of training on roles and responsibilities of
councillors and office bearers.
representative of Ward 5 raised concerns with regard to the slow process of
completing roads construction and lack of houses, electricity and local
General Observations and Committee Opinion
Committee has observed that the decision of the Provincial Executive to
intervene in Umvoti Local Municipality in terms of Section 139(1)(b) of the
1996 Constitution has brought administrative stability, and progress in respect
of the implementation of Municipal Recovery Plan.
Committee has noted that the Municipal Recovery Plan focuses on governance;
service delivery; institutional development; revenue collection; clean audit
and local economic development which are in line with local government
progress has been made in developing the Municipal Recovery Plan, the Committee
has further noted that the Plan lacked measurable objectives and time frames,
which are critical tools for monitoring and evaluating progress made in respect
of the intervention.
Committee is of the opinion that the successful implementation of the Plan will
depend on the cooperation, cohesion, political will and active involvement of
both the internal and external stakeholders of the Municipality.
the Committee is of the opinion that in order to deal with the problems related
to municipal political conflict, political interference in administration and
political approach to public participation structure, a multi-party cooperation
approach would be needed.
Having conducted an oversight visit to Umvoti Local Municipality in
terms of section 139(1)(b) of the Constitution, the Committee recommends to the
House as follows:
That the House approves the intervention in Umvoti Local Municipality in terms
of section 139(1)(b) of the 1996
Constitution, for a period of six months.
That the Administrator, in collaboration with the Hawks should fast track the
process of the forensic investigation.
That the MEC for Local Government and Traditional Affairs in KwaZulu-Natal
Province should consider the option of
coordinating a Multi-Party Indaba, in
to deal with the instability caused as a result of the removal of the office
bearers and multi-party political conflicts
affecting the Municipality to perform
That the Ward Councillors should play an active role in mobilizing the
community to pay for the rates and services
rendered to them by the
Report to be considered.
No related documents