Good afternoon ladies and gentlemen.
Our briefing today will focus on the progress registered thus far in terms of the invoking section 139 (b) interventions in the 3 municipalities namely, Matlosana, Maquassi hills and Ditsobotla local municipalities and the update on the two municipal managers of Greater Taung and Tlokwe municipalities respectively. Once again, it is my pleasure to welcome you and thank you for the opportunity you are affording me and my department in clearing the midst around these matters.
Ladies and gentlemen,
Status Quo: Section 139 (b)
The provincial EXCO resolved to intervene in three municipalities namely Matlosana, Maquassie Hills and Ditsobotla Local Municipalities, which have been experiencing governance and administration challenges for some time. These challenges intensified after the 2011 Municipal elections.
Following resistance and displeasure about the intervention planned council meetings to invoke Section 139 (b) on the 10th April 2013 by the Acting MEC for Local Government and Traditional Affairs then did not take place, however the intervention was communicated to all municipalities.
The Head of the Department was delegated by the MEC to introduce the administrators and the team of experts to the three municipalities. The administrators are: Iqbal Motala who has been deployed to Maquassie Hills, David Dikoko at Ditsobotla and Paul Serote at Matlosana local municipalities.
Matlosana:
1. The administrator was not introduced because the Municipal Manager indicated that he was instructed by his Executive mayor not to allow the administrator into the municipal premises, therefore the administrator and his team was never introduced to date.
2. The municipality wrote numerous letters to the department (copying Premier) indicating that they intend to object to the intervention and that they will take legal action if the Provincial EXCO does not rescind the resolution.
3. The department responded to that effect, indicating that the decision by the EXCO still stands and they were advised to cooperate. However the situation remains the same.
Maquassie Hills Municipality:
1. The administrator and his team were introduced to the Mayor and Municipal Manager as planned. The mayor expressed displeasure about the intervention, however promised to cooperate.
2. The full team of the Administrator started to work in the municipality on the 15th April 2013. Thus far the intervention is proceeding relatively well and the department monitors progress on a monthly basis.
Ditsobotla Municipality:
1. The administrator was introduced to the Mayor and the Municipal Manager was not available. The Premier in consultation with the Provincial ANC leadership resolved that an assessment be conducted in Ditsobotla Local Municipality before the actual implementation of the intervention.
2. The appointed administrator and his team conducted assessment and the report was presented to the department on the 5th June 2013. The team operated under a constrained environment because they were denied access and information by the municipal manager.
3. However the report revealed in summary that the municipality is in serious trouble given the level of poor governance by the council and poor administration displayed. This also includes numerous allegations and complaints laid against the municipality and civic organizations about corrupt activities and maladministration taking place.
4. The Speaker then wrote a letter to the MEC inviting the department to come and address council about the status of the intervention and the status of the team that conducted the intervention. The response of the department was that the MEC had requested the council to convene a meeting to introduce and explain the intervention, which the speaker did not do. The department later announced to council that the decision by EXCO still stands and was advised to cooperate.
5. I have thus far convened a meeting with the TROIKA of the three municipalities to discuss the interventions and the need for the municipalities to cooperate with the administrators.
Meanwhile, the Minister of Cooperative Governance and Traditional Affairs has approved the section 139 (b) interventions on the 25 May 2013 and this means that the intervention must proceed whether the municipalities cooperate or not.
Update on Municipal Managers for Tlokwe and Greater Taung municipalities
Tlokwe Municipal Manager:
1. The Department seconded and Acting Municipal Manager, Mr Moumakwe in response to a request from council. Mr Moumakwe has been the Acting Municipal Manager since October 2012.
2. Council, under the leadership of Councillor Combrink, requested MEC for an extension of Mr Moumakwe’s acting appointment for a further three months. The three months period ended at the end of May 2013 and council has since not requested for another extension.
3. I have since written a letter to the municipality, informing them of the withdrawal of the secondment of Mr Moumakwe as Acting Municipal manager and impressed upon the council to expedite the appointment of the substantive Municipal Manager.
4. He is expected to act not beyond 31 July 2013 and in the interim as a measure to protect council from serious prejudice and claims, the acting Municipal Manager is been instructed not to take any decisions on any matter arising out of a validly appointed Municipal Manager from 02 July 2013.
Great Taung Local Municipality: Municipal Manager
1. Mid-last year the council took a resolution to extend the contract of employment of Mr Mpho Mofokeng for a full five year term.
2. The action to extend the contract was found to have been invalid and the then MEC for Local Government and Traditional Affairs advised the council to rescind the decision.
3. On 11 March 2013 council was to sit and review the resolution that purported to have extended Mr. Mpho Mofokeng‘s contract as Acting Municipal Manager, when the meeting was interdicted.
4. Prior to the interdict there was an application made at the same court (Labour Court). This was followed by other two cases. The council’s legal team responded and led their arguments under Case J498/13 at the Labour Court.
5. Judgment was handed down on the 24th May 2013 which pronounced that resolution 34/2012 that purported to have extended the contract of the Acting Municipal Manager to be null and void.
6. On the 27 May 2013 Mr Mofokeng lodged an appeal against the said judgment and council’s legal representatives applied for an execution order from the same court which was granted on the 18th June 2013 and a written order was delivered on the 26 June 2013.
7. Mr Mofokeng was informed about the outcome by the Mayor on the 27 June 2013 and requested to vacate the council office to which he refused citing that he has made another appeal.
8. A case of contravention of the court order and trespass has since been opened at Taung Police Station against Mr Mofokeng. We were informed yesterday that Mr. Mofokeng has since vacated Municipal Offices.
Amidst the current situation in these municipalities, we have an obligation as government to support, strengthen the capacity, monitor and supervise municipalities to manage their affairs appropriately.
We therefore would not just fold our arms and leave the situation unattended, by this I finally wish to plead with the municipalities, to work together with the department as a team, and create a better and conducive platform to ensure that there is quite an improvement registered in our daily operations and we actually put the interest of our communities first.
I thank you!
