DEPARTMENT OF LOCAL GOVERNMENT AND HOUSING

Verwysing Nr.

THE CHAIRPERSON'

SELECT COMMITTEE ON LOCAL GOVERNMENT AND ADMINISTRATION

NATIONAL COUNCIL OF PROVINCES

PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

CAPE TOWN

Dear Sir I Madam

RE: INTERVENTION IN TERMS OF SECTION 139 (1) (b) OF ACT 108 OF 1996 AS AMENDED; NGQUSHWA LOCAL MUNICIPALITY

The Honourable M.E.C. for Housing ,Local Government and Traditional Affairs wrote to the Mayor of Ngqushwa Municipality on 14 December 2004 requesting her to give reason as to why the Department should not intervene in terms of section 139 of the Constitution, as the Municipality had been experiencing serious problems which were both administrative and socio - political for some years.

The Mayor responded in a letter dated 17 December 2004 acknowledging that the Municipality had serious problems, and that the Council had resolved in a full Council meeting of the 15 December 2004 that the M.E.C. should Intervene in terms of section 139 of the Constitution. Subsequent to this reply from Ngqushwa Municipality another letter was received from the Municipal Manager of Ngqushwa claiming that he had been mandated by Council in the same meeting of the 15 of December 2004 denying that the Municipality was experiencing serious problems and therefore were not in favour of an intervention In terms of Section 139. It became clear that the meeting resumed after it had been formally adjourned by the Mayor who is the legitimate convenor in this type (plenary) of municipality.

The Mayor was thus requested to call a special council meeting on 28 January 2005, wherein the M.E.C. would formalise the Intervention.

Correspondence was received from the office of the state attorney dated 28 January 2005 that the Ngqushwa Municipality as the applicant would move an application on 28 January interdicting and restraining the Department from implementing the decision to Intervene in Ngqushwa Local Municipality in terms of section 139 (1) (b) of the Constitution pending the final determination of an application for the setting aside of the decision.

After receiving this restraining order the M.E.C. reviewed his decision to intervene. The department was further made to understand that the Ngqushwa Council prays that the Executive Council of the provincial legislation should rescind its resolution which rnandates the M.E.C. for Housing, Local Government and Traditional Affairs to apply section 139 intervention In its Municipality.

The matter was subsequently referred to the departmental legal advise; Mrs. K. Mxenge. She consulted the state attorney's office which left the matter in the hands of the Senior Counsel, Mr. Mbenenge. On the 28 February 2005 this department had a consultation with the Senior Counsel on the matter. The data for the hearing is March 01, 2005.

Your office will be informed of further developments on this matter.

SUPERINTENDENT-GENERAL: HOUSING, LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS

Enquiries: Mr Z. W. Ndinisa

Navrae

Telephone: 040-6095644

Facsimile: 040-6391768