Report of the
Select Committee on Local Government and Administration on the oversight visit
to
1. INTRODUCTION
AND BACKGROUND
The fact finding visit by the Committee during the 28 and 29 October 2008 emanated from
enforcement of Section 139 (1) (b) of the Constitution by the Provincial
Executive Council (PEC). This was based on the alleged maladministration
and financial mismanagement on the side of the Municipality, which consequently
had a direct bearing on service delivery at Ditsobotla.
2. OBJECTIVES
The objectives of the fact finding visit was for the
Committee to assess the alleged problems and issues causing disfunctionality
in the municipal administration; engage and interact with relevant stakeholders
in order to solicit their opinions; and lastly to recommend to the National Council of Provinces
(NCOP) for approval or disapproval of an intervention being applied to the Ditsobotla Local Municipality.
3.
DELEGATION
The delegation of the Committee consisted of the
following members and officials:
·
Hon B J Mkhaliphi – Chairperson (
·
Hon M Mzizi (
·
Hon Kgoshi M L Mokoena (Limpopo
Province)
·
Hon A Moseki (
·
Mr D Mokoena (Research
Unit)
·
Mr M Manele (Committee
Section)
4.
DISCUSSION
Below is a précis on the key issues
raised and discussed by various stakeholders.
4.1
The Provincial Department of Developmental
Local Government and Housing
The MEC of the Department indicated
that the intervention was primarily based only on the aspects affecting
administration. The Department briefed the delegation on the rationale and
justification for invoking Section 139 of the Constitution. The presentation
made focused on the following five key performance areas:
·
Transformation and organisational development;
·
Basic service delivery;
·
Local economic development;
·
Financial viability and management; and
·
Good governance and public participation.
Transformation and organisational development
The transformation and organisational
development challenges that confronted the
Basic Service Delivery
The service delivery challenges
included shortage of water in areas such as Itsoseng,
Coligny and Biesiesvlei.
There were delays on housing due to lack of bulk services, limited technical
capacity in the technical department and lack of operations and maintenance of
infrastructure.
Local Economic Development
Lack of capacity in the LED Unit,
non-functionality of Local Economic Development Forum and high unemployment
levels especially among youth were all challenges identified with local
economic development in the municipality.
Good Governance and Public Participation
Good governance and public
participation challenges included lack of capacity for ward committees,
resulting in poor functionality, conflicting roles of ward committees and
Community Development Workers, Council meetings not regularly held and
non-implementation of communication strategy.
4.2 Business Forum
The Business Forum of Ditsobotla supported the intervention to the municipality
and raised serious concerns related to lack of control, management of income,
discipline, problems of street repairs, lack of shelters in taxi ranks, water
services. The Forum emphasized the need for the
Mayoral Committee
The Mayoral Committee composed of the
Speaker, Chief Whip and the Mayor, submitted their opinions and concerns relating
to the intervention in terms of Section 139. The Speaker acknowledged that
there had been political and administrative problems that contributed to the
intervention. He indicated that after consultation with their provincial
department, the Municipal Council was finally convinced of the importance of
the intervention. The concerns raised by the Speaker included financial
mismanagement in the Finance Department, forging of Municipal Council’s
resolution by the officials, external political interference in the
administration and non submission of reports by some of the municipal wards.
The Chief Whip acknowledged that the
poor performance and management of the
The Mayor raised concerns relating to
administration and political unity within the
One of the Executive Committee Members
indicated that some of the Municipal Councillors were in support of the
intervention issued in terms of Section 139. He acknowledged that the
deployment of the Acting Municipal Manager had assisted the
4.3 Organized Labour
The organized labour composed of
South African Municipal Workers Union (SAMWU) and Independent Municipal and
Allied Trade Union (IMATU), which submitted their concerns and opinions on the
intervention issued in terms Section 139 of the Constitution. The SAMMU in
support of the intervention raised concerns relating to lack of political
leadership from the Mayor, lapsing of workers medical funds, managerial
irregularities, municipal failure to pay third party funds, calling off of
interviews by the Mayor, appointment of officials found guilty of corrupt
practices and delays in the appointment of Section 57 Managers.
Furthermore, the representatives from
IMATU in support of the intervention raised concerns relating to the delays in
the appointment of Section 57 Managers, and lack of access to audit reports.
4.4 Municipal Councillors
The Municipal Councillors indicated
that they were all supporting the intervention invoked by the MEC. In support
of the intervention, they raised political and administrative concerns relating
to problems and challenges within the
4.5 South African Local Government Association (SALGA)
SALGA in support of the intervention
raised apprehension with regard to the management of the municipality. The
major apprehension raised by the Association included high vacancy rate at
strategic level, delays in the recruitment and appointment of Municipal
Manager, non-deployment of experts within the Ditsobotla
Local Municipality and inconsistency on matters relating to intergovernmental
relations. The Association emphasized the need to fast track the process of
appointing Municipal Manager and the implementation of the turn-around strategy
and the harmonization of labour related matters.
4.6 Ward Committees
The Ward Committee Members from municipal
wards 7, 9 and 15 were in support of the intervention, and subsequently raised
a number of concerns related to the management of the municipality. Key issues
raised included garbage collection problem, lack of consultation on matters
related to intervention, non-recognition of ward committee members, lack of
funding for the operations of Ward Committee members and lack of policies
governing the utilization of resources.
4.7 Community Development Workers (CDWs)
The CDW’s
who were in support of the intervention raised concerns related to
communication and programmes. The concern raised was with regard to lack of
communication between Political Office and the Community Development Workers.
The programme concerns related to the lack of capacity building of CDWs within the
4.8 Senior Management
The Senior Management of Ditsobotla Local Municipality in support of the
intervention remarked on political management of the municipality. The major
concerns being political interference in the administration, poor relationship
between officials and councillors, utilization of old financial systems, non
materialization of the meeting of council sub committees, lack of performance
management system, lack of cash flow systems, organisational structure not
aligned to integrated development planning, irregularities in supply chain
management and, non filling of critical positions within the municipality.
4.9 Select Committee Observations
The delegation of the Committee had
observed and noted the good progress made by the Department and cooperation
demonstrated by the municipality. The intervention did not take executive
obligation, and it did not involve the appointment of an Administrator. A
Municipal Manager has been seconded and the intervention has only focused on
key performance areas that are related to service delivery. Since the secondment
of the Municipal Manager,
The general challenges within the
·
Municipal Finance Department;
·
Failure by the municipality to appoint the Municipal Manager and Chief
Finance Officer;
·
Municipality’s absence of a personnel recruitment and retention
strategy;
·
The council delays in taking resolutions impacted on the appointment of
Section 57 Managers; and
·
Absence of good working relations between the Offices of the Mayor and
the Speaker.