DEPARTMENT OF HOUSING, LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS: PROVINCE OF THE EASTERN CAPE
INTERVENTION IN TERMS OF SECTION 139 OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, ACT NO. 108 OF 1996 AS AMENDED
1. You shall recall that at the end of our fruitful meeting, held in your offices, on the 27 July 2004, we agreed as follows :
1.1 Your goodselves would carefully consider my question put to your EXCO, and respond comprehensively in writing - which you did, per your memo dated 29 July 2004.
1.2 I would report to the Provincial Executive Council on the 28 July 2004, with special reference to two areas of major concern, being :
- Finances, particularly, but not only, the fact that your council has not yet passed the budget for 2004/05 Financial Year; and,
- General administration and human resources.
2. I reported to the Provincial Executive Council; and, after a lengthy debate the latter decided that I should intervene, in a targeted manner, to assist your municipality address the two functional areas of concern listed above. Your memorandum of the 29 July 2004, thankfully, acknowledges our collective recognition of the need to intervene in these functional areas.
3. I, thus, intervene in terms of Section 139 of the Constitution of the Republic of South Africa, Act No. 108 of 1996 as amended with immediate effect for three months subject to reviewal.
4. The effect of this Intervention is that:
(a) Your Municipal Manager and your Chief Finance Officer will report directly to me, through the Head of this Department on all matters relating to general administration, human resources and finances.
(b) I, therefore, direct that on the 2nd August 2004 these officials must present themselves to my Head of Department at 10h00 in order for them and the HoD to work out a turn-around plan for your municipality.
(c ) Your Mayoral Committee and your goodself, will, thus, have no authority over these two functional areas, during the period of Intervention.
Thank you for your cooperation
g.e. nkwinti
MEC FOR HOUSING, LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS