REPORT OF THE SELECT COMMITTEE ON
CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON OVERSIGHT VISIT TO
1. Background
and Overview
1.1 The
Select Committee on Co-operative Governance and Traditional Affairs having considered the request made by the National Council of
Provinces (NCOP) on 10 March 2010, to consider and report on the extension
request of the intervention in terms of section 139 (1)(b) of the Constitution at
Ngaka Modiri Molema District Municipality by the North-West Provincial
Executive Council (PEC), reports as follows:
1.2 In terms of
section 139(1)(b) of the Constitution, when a municipality cannot or does not
fulfil an executive obligation in terms of the Constitution or legislation, the
relevant provincial executive may intervene by taking any appropriate steps to
ensure the fulfilment of that obligation, including assuming the responsibility
for the relevant obligation in that municipality.
2. Problems Identified at the Municipality
by the PEC
2.1 On 16 July 2009 the Provincial Executive Council (PEC) in
North-West Province resolved to invoked section 139 (1)(b) of the Constitution
in the Ngaka Modiri Molema District Municipality. The main issues which led the PEC to invoke the provisions of
section 139(1)(b) of the Constitution and assuming the executive
responsibilities at Ngaka Modiri Molema District Municipality, was a result of
a thorough eight months assessment of
the situation by the Provincial Department of Local Government and Housing, as
well as the National Department of
Co-operative Governance and Traditional Affairs. During the assessment period,
a ministerial task team led by
the Minister of Co-operative Governance and
Traditional Affairs was
established to identify areas and sources of conflict that impact negatively on
service delivery and governance in the Municipality.
2.2 The findings of the ministerial task team relates to performance of functions by the Municipality
beyond its constitutional and legislative mandate; dysfunctional political
governance structure; approval of salary adjustment agreement was in breach of
the main collective agreement; non–compliance with the legislative provisioning
governing local government sphere; irregular, fruitless and wasteful
expenditure; breakdown of service delivery and instability caused by
mismanagement of union strike; dismissal of the Municipal Manager and
allegation of fraud, corruption and mismanagement.
2.3 Subsequent to the ministerial task team
findings, the MEC responsible for Developmental Local Government and Housing
appointed an Administrator to execute all executive obligations and functions
of the Municipality, with effect from July 2009.
3. Reason for the Extension of the Intervention
Period
3.1 The Premier
of the
3.2 Some of the
outstanding work relates to the appointment of section 57 managers including
the Municipal Manager, financial challenges of the Municipality, legal delays
with regard to the officials who were charged, pending legal judgements with
regard to a contractor (Mvula Trust) and the performance audit has since
started. Furthermore, the Administrator was awaiting instructions from the
Auditor-General with regard to disciplinary actions against the Mayor. However,
achievements have been recorded in other key performance areas.
4. Committee
Observations and Opinion
4.1 The Committee is of the opinion that
there is a need to pay greater attention on service delivery issues, and the
Municipality must be responsive and address the problems raised by the
community with the necessary speed. The Municipality should treat every service
delivery problem with the necessary seriousness it deserves. That all
stakeholders in the municipal jurisdiction must assist the transformation
process, within the framework of co-operative government work.
4.2 Furthermore, the Committee wants to emphasize
that the extension of the intervention period should serve in facilitating a
proper hand-over process after all the pending main issues have been
successfully addressed in the Municipality. Equally, the extended period should
facilitate the normalisation of the current hostile environment, as well as the
filling of critical vacant position to address capacity challenges in the
Municipality.
5. Recommendations
5.1 The Select Committee on Co-operative
Governance and Traditional Affairs recommends as follows:
5.1.1
The NCOP approves the extension of the intervention period at Ngaka
Modiri Molema District Municipality by a further six months, as requested by the
North-West Provincial Executive Council in terms of section 139 (1)(b) of the
Constitution.
5.1.2
The Minister for Co-operative Governance and Traditional Affairs should
approach the Hawks to pursue criminal investigation in all cases of financial
irregularities and fraud in
Report to be considered.