Statement by North West Premier Thandi Modise on the outcome of assessment of performance of Madibeng Local Municipality
The Provincial Executive Council having established a task team to assess the performance of Madibeng Local Municipality as a follow through to the collapsed section 154 intervention wishes to announce that it has after considering a report of the task team observed that:
The council has failed to fulfil its legislative and executive obligations in terms of the law by not reining in office bearers and or senior management to fulfil what is required in terms of local government legislation. It is also evident that the council is dysfunctional as there are conflicts within council (those who are for and against implementation of the minister’s report).
Thus the council has abdicated its executive responsibility to ensure fulfilment of the legislative obligation. In this regard, this justifies the invocation of section 139(1)(b) of the Constitution.
This therefore has called on the provincial executive to take responsibility of all executive powers of the council. This relates to the executive powers as prescribed in section 56 of the Local Government Municipal Structures Act in respect of the functions and powers of the Executive Mayor. This will also apply to the functions and powers of the Executive Mayor and the Mayoral Committee as it is appointed by the Executive Mayor and the Mayor delegates some of the executive powers to such members.
Consequently, the provincial executive council will henceforth assume the executive obligations and responsibilities as mandated to the Municipal Manager by Section 55 of the Local Government Municipal Systems Act, Act 32 of 2000 as well as the powers and functions allocated to the Executive Mayor in terms of section 56 of the Local Government Municipal Structures Act and vests same in the administrator.
In terms of the intervention, the council of Madibeng Local Municipality will still remain in existence but with limited powers.
The council will only exercise its powers in relation to adoption of the annual Integrated Development Plan (IDP) and budget, adoption of by-laws and policies and any other matter that might be introduced by the administrator in consultation with the provincial government (Exco).
Blake Mosley-Lefatola who is a former Head of Department for the North West Provincial Department of Local Government & Housing(1996-2003), former City Manager of Tshwane and also served as a Commissioner of the Fiscal and Finance Committee will however, oversee and guide the processes in relation to the aforementioned responsibilities.
Lefatola who established an alternative service delivery model at the City of Tshwane and assisted in implementing a turnaround strategy for the Ekurhuleni municipality during 2009 will lead a team of experts appointed by the provincial executive to take over and execute all executive functions and powers of the municipal council and report to the Provincial Exco.
The Administrator has strong leadership and managerial capabilities developed over a period of approximately 27 years working experience, sixteen years of which were gained in the public sector –specifically at the Provincial and Local Sphere of government and parastatals.
He has extensive change management, people and conflict resolution skills, negotiation skills and also played a pivotal role in establishing a decentralised Service Administration of the City of Johannesburg Region 7 during the Re-engineering of the City of Joburg in 2001.
Over and above taking over of Executive powers of council as administrator, Lefatola will also assume responsibility of the entire administration in the Madibeng Local Municipality in accordance with Section 55 of the Municipal Systems Act of 2000 as from today Monday 10 February 2014.
The period for the intervention will be for a minimum period of six months and a maximum of 12 months to ensure that there is total stability in the municipality, both at council and administration levels.
The terms of reference for the Administrator and team of experts to be deployed within the municipality among other be to:
- Appoint of an Acting Municipal Manager outside the current municipal personnel with immediate effect
- Implement the recommendation of the minister’s reports, and previous administrator’s reports
- Improve service delivery in Madibeng, prioritising water and sanitation services( this should include facilitation of new projects, unblocking of old projects and maintenance of infrastructure and cleaning)
- Financial management ,improving the financial controls in the municipality, expenditure management, procurement processes, revenue enhancement and debt collection as well as addressing Auditor General’s reports and to ensure compliance with the Municipal Finance Management Act .
- Analysis and implementation of recommendations of past and current investigations ,commissions of enquiry and forensic audits, i.e. the Gobodo report, De Swart Vogel Myambo Attorneys report and current investigations by the Special Investigations Unit(SIU).This includes taking decisive action against implicated individuals.
- Attend to labour matters in the municipality such as outstanding disciplinary cases. labour disputes, functionality of Local Labour Forum, instil culture of work and discipline of workers
- Facilitate the improvement of governance within council
- Conclude the disciplinary case of the previously suspended and reinstated managers , i.e. develop charges and commence with disciplinary processes
- Investigate all recently awarded contracts to establish validity and legitimacy thereof and terminate those that are not legitimate
- Ensure that criminal proceedings are finalised against any suspected officials or councillors and service providers implicated.
In conclusion, we appeal to our communities to exercise restraint and not to disrupt the momentum of the intervention which is aimed at ridding this municipality of fraud and corruption and turning it around so that delivery of services is accelerated.
Enquiries:
Lesiba Moses Kgwele (Spokesperson)
Tel: 018 388 3705
Cell: 083 629 1987
Fax: 018 388 3157
E-mail: LKgwele@gmail.com
