Engagement with Ditsobotla LM on issues raised during oversight visit; with Minister

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Cooperative Governance and Traditional Affairs

29 July 2021
Chairperson: Ms F Muthambi (ANC)
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Meeting Summary

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The Portfolio Committee on Cooperative Governance and Traditional Affairs held a follow-up engagement on the Ditsabotla Local Municipality in a virtual meeting, and received responses to questions that had been raised by the Committee during its oversight to North West Province in May this year.

The Committee heard from the former mayor of Ditsobotla that he had not been reinstated as the mayor because of the political factions and battles that were currently ongoing in the municipality.  Section 139 1(b) had been invoked in the municipality, but there had been an increase in unauthorised, irregular, fruitless and wasteful expenditure. The issue of the relocation of the Clover Dairies to KwaZulu-Natal was raised, with reference to the impact of service delivery challenges in Ditsobotla which had also affected the jobs of people in the area. The Committee was also informed that the equitable share for service delivery had been spent on the municipality increasing the number of its employees, which had included employing relatives of managers and councillors.

The Committee expressed disappointment that the situation at Ditsobotla had not changed or improved since its last oversight visit, and raised concern that political battles were still affecting service delivery. It supported the resolution that had been taken by the Cabinet to dissolve the municipality, as well as four other municipalities in the North West province.
 

Meeting report

Chairperson's opening remarks

The Chairperson said that on 5 May 2021, the Portfolio Committee visited the North West province to conduct oversight in the Ngaka Modiri Molema District Municipality, and the local municipalities under it. At the time, the Ditsobotla Local Municipality was represented by a faction, where the chief whip stated that the Section 139 intervention team was not recognised by the municipality. A presentation had still not been received from the Ditsobotla municipality because the mayor had been logged out of the municipal presence by a rival political faction, this demonstrated the instability in the municipality.

According to a report received from the mayor, the situation in Ditsobotla remained unchanged from the time the Committee conducted oversight. The Chairperson said that the issue of the status of the council and the administration was concerning, and the municipal public accounts committee (MPAC) being dysfunctional because of the political instability was also a concerning issue, especially since no oversight reports had been conducted by the MPAC on the municipality. During the Committee’s oversight visit, the Member of the Executive Council (MEC) had said that court relief would be requested for the municipality, because council had the intention of flouting the law and defying the MEC's directives.

The Chairperson said that it was business as usual in the municipality, despite the issues that had been raised. Another issue was the Section 139 (1)(b) intervention team being denied access to the municipal records. She asked about the progress made in addressing the political instability within the municipality, and said that the situation at Ditsobotla was unacceptable because if there was no follow up on the matter, then the Committee’s oversight had been a waste of time.

She commented that there was a national Cabinet resolution to dissolve at least 45 municipalities across the country, and said that the situation in Ditsobotla made the municipality a candidate for intervention because it had been under Section 139 on many occasions, but had never been dissolved. The sooner the MEC implemented the Cabinet’s decision in Ditsobotla and other identified municipalities the better, because there was no use for a municipality to exist if its main focus was fighting ongoing political battles, rather than providing basic services to the communities.

MEC's overview of Ditsobotla LM situation

Mr Mmoloki Cwaile, MEC: Cooperative Governance, Human Settlement and Traditional Affairs (COGTA) in North West, said that the battles at the Ditsobotla Local Municipality had been escalated to the courts, and that Mayor Buthelezi had challenged the municipal council’s decision that he should be replaced as the mayor. The council had already removed him as Mayor and a councillor. Advice was given to Mayor Buthelezi to request the Independent Electoral Commission (IEC) to be a respondent to the matter, although the court had already ruled in his favour to be reinstated.

MEC Cwaile said that Mr Buthelezi had been replaced by another councillor, so there was no vacancy, which was why the IEC had to rule in favour of reinstating him as mayor because the IEC had already promoted another councilor. A communication had then been received from the national Department of COGTA on the state of municipalities, and a report was produced by the provincial DCoG on the challenges faced by the Ditsobotla municipality. A further directive was received from the national Department of COGTA that suggested that the Ditsobotla municipality should be placed under Section 139 (1)(c) following the challenges with the political instability, collapsed governance and administration capacity in the municipality to provide basic services. There were no disputes on the decision to dissolve the municipality by the provincial DCoG, especially since the Municipal Infrastructure Support Agency (MISA) was identified as a leading agency to implement the interventions.

MEC Cwaile highlighted that the Ditsobotla Local Municipality had been receiving disclaimer audit opinions and owed Eskom more than R600 million. The provincial DCoG had requested engagement with the political leadership in the municipality on possible solutions to address the challenges before the decision to dissolve the municipality took effect. During the engagements, the provincial DCoG gave an opinion, and the councilors had agreed on the implementation of Section 139 (1)(b) with the help of an administrator, who was deployed by the provincial DCoG, but the mayor then instructed the administrator to wait until further notice.

MEC Cwaile said that the provincial DCoG had done its best to intervene in the municipality with no success, because the Section 139 (1)(b) intervention was being challenged so that the dissolution of the municipality was then supported. Multi-implementing agencies had started working since the beginning of July because service delivery could not be postponed. An assessment of the Ditsobotla budget had also been found to be unsupportive of service delivery by the provincial DCoG and National Treasury.

The MEC said that capacity should be deployed at Ditsobotla, and that the implementation of Section 20 of the Division of Revenue Act (DORA) would assist the provincial Department in determining the portion of grants that were being withheld so that services were delivered to communities. Decision-making needed to be concluded, and there was concurrence that Ditsobotla had serious challenges.

He said that there were many other challenges in Ditsobotla which included allegations of corruption, malfeasance and maladministration which required immediate intervention by forwarding the matters to the Auditor-General (AG) to conduct forensic investigations. Many matters had already been forwarded to the Special Investigating Unit (SIU). He said that the SIU should not investigate and identify wrongdoing, but should assist the Department in recovering any losses caused by the municipality and assist in the prosecution process of convicting those who were found guilty.

The problems at Ditsobotla were long-standing and required more capacity to address. The investigation reports had been made available to the municipality but had not been used. These reports needed to be processed urgently by the municipality. It was unacceptable for municipalities not to deliver services to communities and not being able to make use of the equitable share for the payment of pensions, medical aid and contributions to the South African Revenue Service (SARS). Delinquent municipalities needed to be dealt with accordingly.

MEC Cwaile said that when Clover announced its intention to close down in Ditsobotla, the Department had noted that Clover had been taken over by Milco South Africa, and a determination had been petitioned that Clover must not allow job losses for the next three years, an additional 5 000 jobs must be created and in the event that the determination could not be met, Clover must file an application for an adjustment of the conditions. Clover had stated that it would be relocating to Escourt, so an option should have been given to the Ditsobotla employees to relocate to Escourt, and if they refused to relocate, then a severance package should be give to them,

 On 24 June 2016, the chief executive officer (CEO) of Clover had received an excellence award, and had announced the intention to explore the export business, which was why it would be relocating to Escourt. Escourt was located in a new municipality, which was also subject to Section 100 (1)(b), and had similar challenges to the Ditsobotla Municipality. Clover was using 350 000 litres of milk a day, and 200 000 litres of the milk was from KwaZulu-Natal (KZN). The Clover annual report stated that transportation was a cost driver. It had not faced challenges any power cuts in Ditsobotla, so it was not understood why the company wanted to relocate and avoid engagements with the provincial Department.

He said that if the Spatial Planning and Land Use Management Act (SPLUMA) was difficult to implement, there would be problems, especially when household waste was dumped everywhere without being monitored and when residential areas were built in areas where services could not be delivered. There had not been enough done to explore the maximum capacity of the municipality concerning the Municipal Property Rates Act (MPRA), especially since businesses were offering to assist the municipality. There were mines in the area that were offering to repair the potholes and roads, but they had been unable to receive funding from the municipality.

MEC Cwaile said that a report on the allegations of corruption in Ditsobotla could be shared with the Committee. It showed that 50 councillors and some officials had personally benefited, where vacant positions were given to family members and relatives, and where funds were not available to provide services. The MEC said that the progress of the processes involved would be shared with the Committee in due course.   

Minister's comments

Dr Nkosazana Dlamini-Zuma, Minister of COGTA, said that in 2018 the situation at the Ditsobotla Local Municipality had been bad because refuse was not collected, sewage was all over the place, and many companies including Clover were complaining on the state of the roads and other poor services. The national Department had tried to assist in addressing the issues by requesting the release of the Defence Force to assist the municipality. The political problems in Ditsobotla had to be resolved, because some officials were saying that invoices and quotes were being received from councillors, and that Clover’s relocation was already being discussed. The Department had tried to negotiate with multiple businesses, and had addressed some of the general complaints that were raised by businesses to prevent them from closing down or relocating. Ditsobotla’s main problems were within the council, and needed to be addressed.

SALGA's comments

Cllr Bheki Stofile, Chairperson: Councillor Welfare, Governance and International Relations, South African Local Government Association (SALGA), said that the situation in Ditsobotla and other municipalities across the country was saddening and unfortunate. The issues involving political instability were often shifted into governance matters which affected service delivery. SALGA had been trying to engage with the municipality and councillors. but the environment was highly politicised. This was not a governance matter, and was difficult to resolve. SALGA’s interaction with the Deputy Minister had concluded that there was no possibility of overcoming the issues at Ditsobotla, and a resolution had been made that the national executive should consider working with the Department and provincial executives in the North West to restore the credibility and dignity of the municipality, to ensure that individuals benefited from the government of their choice.

On the Tshwane ruling regarding the provincial government matter, he said that SALGA was carefully dealing with the matter to avoid legal instruments being used to address political challenges, and said that the resolution by the provincial government should produce an effective solution for future challenges, especially when it affected the communities. SALGA had been shocked to learn that the Ditsobotla mayor was locked out of office and could not perform any duties.

Status of mayor

The Chairperson asked the MEC to address the matter of the mayor. When was the mayor removed from office; was he being paid or not, were mayoral benefits were still being provided and why would he attend the meeting, even though he was no longer the mayor?

The MEC said that the legal battle determined that the mayor had been removed as a mayor and a councillor. He said that the mayor had not been receiving a salary for the past three months, which was why he had been advised to seek redress and reinstatement from the IEC.

The Chairperson asked why Cllr Buthelezi had logged on to the meeting, when he was no longer the mayor.

Cllr Daniel Buthelezi, Ditsobotla Local Municipality, thanked the Chairperson for the opportunity, and said that the process of his removal had been done in an irregular manner, which was why he had challenged the court ruling and won. A review had taken place after the court ruling, and it was found that the process of the municipality on the matter was flawed. He had been removed again, together with his executive, despite the conditions of the court order, and had challenged the matter again and was supposed to have been reinstated because the process was again not done properly. Since then access had been denied to him and the executive, and a social media article stated that he had been removed by the IEC. No expulsion had taken place, no disciplinary processes were held, and no validation of rules had been done. Till today, the reasons for the removal had not been provided. The only document that had been received was from the municipal manager, but none from the party officials. He said that the court had been approached again to address the matter, and that he had not been getting paid. He had also been removed from the political party list, and the IEC had stated that the municipality and the municipal manager had been responsible for effecting the court order. The letter from the IEC had been forwarded to all the affected stakeholders, but the municipality had chosen not to effect the court order ruling.

The Chairperson said that with all the information that had been provided by the MEC and the Mayor, Cllr Buthelezi was not the current mayor of the Ditsobotla Local Municipality until he was reinstated.

Cllr Buthelezi argued that the court had ruled that he must be reinstated.

The Chairperson asked Cllr Buthelezi who would be responsible for reinstating him as a mayor again.

Cllr Buthelezi said that the IEC letter stated that it was the responsibility of the municipal manager to effect the court order.

Mr Themba Fosi, Deputy Director-General: Local Government Support and Interventions Management, COGTA, said that there was an order for a national intervention in Mpumalanga, and the President had stated that a comprehensive report on the state of local government was required. A comprehensive assessment was then conducted by COGTA on the state of local government, using the "Back2Basics" pillars which focused on political governance, and institutional, service delivery and financial management issues to assess the level of impact of the pillars within local government. A categorisation had been developed on the key focus areas of performance, and Ditsobotla had been identified as a dysfunctional municipality because of the political instability, issues of service delivery and all the other key performance areas.

Recommendations had been made for municipalities across the country that required urgent attention because the challenges impacted on administration, which resulted in poor service delivery. A recommendation had been made to dissolve five local municipalities -- Ditsobotla, Ratlou, Ramotshere Moiloa, Tswaing and Kgetlengrivier -- and Cabinet had endorsed the principle of the dissolution being decisive. There had been engagements with the executive leadership of the North West on the decision that was taken to dissolve the five municipalities and on the hierarchy of the interventions in the Constitution for the mode of interventions that needed to be applied. The Department and Treasury had met to discuss how best to support the province in ensuring that the interventions were sustainable, and to address the root causes of the challenges. The Deputy Minister was also monitoring other processes to ensure that an enabling environment was created for the administrative interventions to work effectively.

Discussion

Ms H Mkhaliphi (EFF) said that nothing new had been presented concerning Ditsobotla that the Committee had not seen already during the oversight visit. On the resolution to dissolve the five municipalities in North West, she said that the matter had already been communicated by the North West provincial government, which was also under administration, and the situation at Ditsobotla was a result of the factional battles of the ANC which were now affecting everyone. A full executive report from the Minister must be presented to the Committee, because it had not received any briefing on the Section 139 processes in the North West.

She said that during the oversight visit, there had been confusion on the leadership of the Ditsobotla municipality, and the MEC had said that Cllr Buthelezi was part of the leadership. However, the Committee now found out that the mayor had not even been reinstated or listed by the IEC. She asked for clarity on the matter of the mayor, because the focus area should be whether the residents of Ditsobotla were receiving services as taxpayers. She highlighted that the municipal committees, such as the MPACs that were supposed to be assisting the Committee, were dysfunctional, which was concerning because there had been no improvements in Ditsobotla since the Committee’s oversight visit.

She asked whether the North West provincial government had the capacity to service residents once the five municipalities had been dissolved, and highlighted that the election processes were still being discussed. Would the situation in the five municipalities improve after the local elections and after they had been dissolved, because in many instances dissolved municipalities did not improve but remained the same? The ruling party had to provide resolutions to the issues, because it was easy for politicians to blame the administration for any issues within a municipality.   

Ms E Spies (DA) said that the ANC’s factional fights for control in Ditsobotla, and the mayor’s battle, was adding fuel to the fire without solutions, because services were still not being delivered to the residents of Ditsobotla. On the Clover matter, she said that there was no company that was willing to relocate from a town or area at a cost of R1.5 billion for fun unless there were serious issues, and the Clover report indicated that 2 000 people would lose their jobs all because the municipality could not deliver services or improve the infrastructure. If these factional fights continued, more companies would close down and the people would suffer. The Committee had tried to assist in addressing the issues, but with no progress. 

Mr I Groenewald (FF+) supported Ms Mkhaliphi’s suggestion that an executive report should be presented to the Committee on the dissolution of the municipalities, and said that there were a lot of small, medium and micro enterprises (SMMEs) that shared the same challenges that Clover had in Ditsobotla. He asked how the matter was being addressed. On the equitable share that was not being paid to Ditsobotla, but was being used for salaries by the district, he asked the MEC whether this matter had been resolved. For the executive report briefing, he requested the MEC to provide all administrative close-up reports so that the Committee had a full scope on what was happening in the municipalities. On the invoices that were received and submitted by the councillors, he asked about the consequence management in place to address the matter. He added that there was a rumour that the MEC had attended a meeting at the JB Marks Municipality with the administrators to discuss the takeover of contracts and deals from the municipalities that were going to be dissolved, and asked what the deals were about and whether the meeting had taken place.  

Mr K Ceza (EFF) agreed that the executive reports on the dissolution of municipalities needed to be presented to the Committee, and questioned what the root causes were for factions in a municipality or any structure -- whether they were ideological or personal interest to gain control. He said that the Minister must look into the issue of over-reliance on external service providers, because some service providers were beneficiaries of certain political parties and councillors, which created preferences to individuals for self-enrichment. He said that the quality of services and jobs was not up to standard, especially with the collection of waste in municipalities, where there should be a private waste removal contractor authorised to collect the waste, and if there was, what were those contractors being paid for if people were still experiencing waste removal issues?

The Minister and decision makers must make a decision to permanently resolve the political battles, because the Mamusa Local Municipality had been dissolved but the issues of the municipality still existed. The national Department must state whether there were measures in place to ensure that all the interventions were effective, that a "fix to patch" situation was avoided, and that issues were permanently resolved. He said EFF sources had provided information that Ditsobotla had spent over R5 million since October 2020 on legal costs, which was compromising state funds because the funds were not meant for legal costs, but for providing services. External service providers should be replaced with internal state capacity to deliver services. On local economic development (LED), he said that LED was seen as providing poverty reduction mechanisms and should aim to create jobs by stimulating local economic growth by promoting the establishment of new businesses and factories at a municipal level, which had probably not yet happened at Ditsobotla.    

Mr G Mpumza (ANC) said that during the oversight visit, the Committee had been confronted with a situation where the Speaker of the municipality had been arrogant, which showed the crisis that the municipality was in. The decision that was taken by Cabinet to dissolve the municipality had been supported by a diagnostic report that was submitted by the national Department of COGTA where municipalities were categorised, and the Section 139 (1)(b) interventions in the municipalities had not yielded any positive results. He agreed with SALGA that legal instruments would not resolve political challenges, because Section 139 (1)(b) had not succeeded in the municipalities. He said it was important to note whether the cause and effect of the diagnostic report was not a bitter scramble by the presiding officers in the municipalities to access resources, especially since councillors had been found to be submitting quotes to the administration in 2018.

He said that the municipality was a product of society, so solutions needed to be implemented, and he asked why unlawful municipal officials were still in office. He noted that the MEC had mentioned that the provincial Department was under Section 100 (a), and asked whether the Department was not in a position to resolve the political problems that had affected the government system.

Ms D Direko (ANC) said that a detailed report was needed on how the decision to dissolve the municipalities had been reached by Cabinet, and on the way forward. There were high hopes that COGTA had conducted an extensive diagnostic report on the challenges of the Ditsobotla municipality, where political issues had been addressed politically and administration issues resolved administratively, because if diagnostic reports were not done properly then the issues would persist. She raised concern over the role of the provincial DCoG, because during the Committee’s oversight visit three months previously, concerns had been raised about the poor service delivery, and the communities were the most affected. She asked DCoG about the progress that had been made to improve service delivery since the oversight visit, what the challenges faced were, and how future challenges with the municipalities would be resolved. She also asked about the plan to unite the community and restore the dignity and professionalism of the municipality after it had been dissolved.

Mr B Hadebe (ANC) supported the decision to dissolve the municipality, because the councillors had not acted in the best interests of the municipality, but had self-serving interests. The councillors should not be allowed be allowed to hold any political position in the upcoming elections, and be declared delinquent. The dissolution was a resolution to the challenges that the municipality had faced. He said that the Committee should move with speed to ensure that the Ditsobotla municipality was dissolved.

The Chairperson said that a comprehensive report was required, and highlighted that the MEC would be meeting with the Committee in the following week. There were issues that required direct responses, and the Committee had a meeting scheduled to receive a briefing on the administration of the North West province.

Responses

Mr Fosi said that Cabinet had approved that action should be taken against municipalities that required urgent intervention, and the mode of intervention was a discussion between the national and provincial department. There were ongoing engagements with the North West province on the dysfunctional municipalities and the way forward for these municipalities. Cabinet had requested that specific intervention packages for municipalities were developed by the national Department of COGTA to address the root causes of challenges, and to provide a clear road map on the steps to address the issues in the municipalities. The action plans would take into account the issues relating to transitional arrangements, especially during the election period. The municipal specific intervention packages would deal not only with the current problems, but would try to assist the next administration in addressing the challenges. He said that the work that had been done with Treasury involved evaluating the hierarchy of interventions and determining the appropriate mode of intervention. The selected mode of intervention must be sustainable, although there were uncertainties relating to the judgment made by Judge Moseneke. The resolution must take into account the processes and the legal implications of the issues.

MEC Cwaile said that the court had ruled in Mr Buthelezi’s favour, but the ruling had not changed the status of his reinstatement as the mayor with the IEC, because he was no longer a councillor. He agreed that the Section 139 (1)(b) interventions did not improve the current situation in Ditsobotla, especially with the increase of the unauthorised, irregular, fruitless and wasteful (UIFW) expenditure. The municipality had received a qualified audit report with continuous audit disclaimers, increased unauthorised expenditure of R87 million, increased irregular expenditure of R111 million, increased fruitless expenditure of R153 million, and since 2016 Ditsobotla it had not adopted a funded budget because of the high revenue targets with low achievements.

The MEC said that the provincial Department had established an inter-governmental rapid response team which included stakeholders, the national and provincial COGTA, National Treasury, the Department of Water and Sanitation, SALGA, the Department of Minerals, Energy and Resources, the Department of Higher Education and Training, the Department of Transport and the South African National Roads Agency Ltd (SANRAL) to provide service delivery, governance and financial management support to municipalities, and experts would be sourced by the provincial Department. The funding for the project would come from the repurposing of the municipal infrastructure grant (MIG), the invocation of Section 20 to withhold a portion of the funds from the Water Services Infrastructure Grant (WISIG) and the Regional Bulk Infrastructure Grant (RBIG), and the repurposing of the equitable share and the Community Work Programme (CWP).

The MEC assured the Committee that the MISA-led rapid response team impact would be achieved, and the first step of holding people accountable was records management, where the AG had been asked to assist in establishing the records management to collapse the use of consultants who were being contracted at a cost of R220 million, despite there being chief financial officers (CFOs) in office. The immediate focus of the provincial Department was to deal with service delivery.

MEC Cwaile agreed with the Committee that when the Mamusa municipality was dissolved there had been no improvement, but the difference was that there had been no political instability that affected the administration, and that investigators had been deployed under Section 106 of the Municipal Systems Act (MSA) to deal with the material irregularities. There were hopes that Mamusa would be subject to business rescue.

The MEC said that when a municipality was dissolved, it had nothing to do with saving a faction against another faction, but was intended to establish system that was able to resist change -- including a change in the political and administration capacities. Systems could not be undermined by the political structure of a municipality. On the limitations of the Section 139 (1)(b) interventions, other than the terms of reference by the AG, he said that the interventions had shadowed the role of the political composition within the municipality, and that the relationship between the intervention team and the established internal administration was important for sustainability. The other limitation was the period of six months, because there was no magical fomula that could repair the damage accumulated over multiple years in six months. The interventions must continue until all the issues were resolved, even though a change in the electoral vote may dictate otherwise until the new political term.

The issue of Clover was based on the determinations made by the Competition Tribunal that there should not be any job losses for three years unless there was restructuring in the company to create new jobs, which was why the Tribunal had been involved in the matter. The future plans of Clover were meaningful, but the issue was that the plans were not being challenged.

Mr Cwaile said that in the past, Ditsobotla councillors had forcefully removed the late COGTA MEC and the Premier from the Council Chamber when intervention efforts were made, and that municipalities could function with the support from the national and provincial Departments, but interventions happened only when there were problems. On the equitable share, he said that there was an increasing number of employees, which was a serious problem, especially when documentation showed that relatives and family members of municipal officials were employed. Irregular expenses would be recovered and consequence management would be implemented, which was why a preservation order had to be applied for to withhold the pensions of those who were implicated. Arrogance would not be tolerated.

The MEC said that the close-up report would be made available of all the interventions in the province. Regarding the rumoured JB Marks meeting, he was not aware that there had been one.

He said that national and provincial administrators would be deployed to ensure that the interventions were implemented. The draft bill of the intervention stated that there would be a national database, even though the SALGA policies outlined how an administrator should be deployed. The challenge with the North West database system was that it was processed as a tender, where people who met requirements were excluded. A walk-in process should be initiated. He said that the political composition of the leadership of the municipality did not reflect the competency of the provincial or national government, but remained the outcome of a decision by the political party, especially when nominations and elections were made.

The Chairperson reminded the MEC and the DDG from the Department of COGTA of the meeting that was scheduled for 3 August 2021.

Mr Ceza said that the nature of Section 139 interventions was that a reaction happened only when there was a problem in the municipality, and asked whether the MEC had proactive measures to anticipate problems in the municipalities. On the rapid response team, he said that the sourcing of expertise on a contractual basis had been mentioned by the MEC, and he asked how much this would cost the Department.

The Chairperson said that the MEC could respond to the follow-up in the upcoming meeting. She thanked the MEC for interacting with the Committee, especially in gatherings where there was no progress, specifically in the Ngaka-Modiri municipality, when the Committee had been arrogantly approached by the municipal officials and traditional leaders.

She reminded Mr Fosi about the submission of the Section 100 intervention report and the response by the Premier on the implementation of these Section 100 interventions.

The meeting was adjourned.      

 

 

 

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