Section 139 Interventions: Phokwane, Msunduzi and Mtubatuba Local Municipalities

NCOP Cooperative Governance & Traditional Affairs, Water and Sanitation and Human Settlements

04 September 2019
Chairperson: Mr T Dodovu (ANC, North West)
Share this page:

Meeting Summary

The Committee met for consideration and adoption of Oversight Reports. The Committee had conducted in loco inspections in Phokwane, Msunduzi and Mtubatuba local municipalities pursuant to the request by the National Council of Provinces (NCOP) to consider and report on the intervention notices invoked in terms of section 139(1) (b) of the Constitution. The main objectives were to interact with the internal and external stakeholders of the municipalities, in order to solicit their opinions on the constitutional, procedural and substantive matters related to the invocation of the said section of the Constitution.

An ANC Member expressed her support of the reports spoke to the challenges and outcries within the communities. It should be ensured that administrators do not take over the responsibility of councils.

The reports on the Committee’s in loco inspections in the three municipalities were adopted without amendments.

Meeting report

The Chairperson welcomed everyone to the consideration and adoption of the Committee’s oversight reports. The Committee had conducted in loco inspections in three municipalities in the Northern Cape and KwaZulu-Natal over the past few days. He appreciated that Members had availed themselves as prioritisation of Committee’s work was crucial.

Report of the Committee Inspection in Loco on Notice of Intervention in Phokwane Local Municipality

The Chairperson highlighted that, having conducted the oversight visit to Phokwane Local Municipality and interacted with internal and external stakeholders, the Committee recommended as follows:

  • The NCOP approve the intervention in Phokwane Local Municipality in terms of section 139 (1) (b) and (5) of the Constitution.
  • The Northern Cape MEC for Cooperative Governance, Human Settlements and Traditional Affairs should upon approval of this intervention, table quarterly reports on the implementation of the Financial Recovery Plan. Further, consider replacing the current Administrator and appoint a credible, ethical, qualified and competent Administrator.
  • The Administrator should focus on the approved terms of reference that are time-framed, produce and table quarterly reports to the NCOP.
  • The Northern Cape MEC for Cooperative Governance, Human Settlements and Traditional Affairs should fast-track the process of tabling the forensic investigation report conducted in terms of section 106 of the Municipal System Act to Phokwane Municipal Council, and then after to the NCOP.

The Chairperson put the report up for adoption.

Mr S Mfayela (IFP, KwaZulu-Natal) moved.

Ms Z Ncitha (ANC, Eastern Cape) seconded.

The report was adopted without amendments.

Report of the Committee Inspection in Loco on Notice of Intervention in Msunduzi Local Municipality

The Chairperson highlighted that, having conducted the oversight visit to Msunduzi Local Municipality and interacted with internal and external stakeholders, the Committee recommended as follows:

  • The NCOP approve the intervention in Msunduzi Local Municipality in terms of section 139(1) (b) and 139 95) of the Constitution.
  • The KZN MEC for CoGTA should upon approval of this intervention, table quarterly reports on the implementation of the Financial Recovery Plan as well as Section 139 (1) (b) of the Constitution.
  • The KZN MEC for CoGTA should in collaboration with the Minister of the Department of Cooperative Governance and Traditional Affairs provide continuous support to the Local Municipality in terms of section 154 of the Constitution and show demonstrable portfolio of evidence of quality support, capacity as well as strengthen its oversight capacity and monitoring.
  • The KZN MEC for CoGTA should fast-track the process of tabling the forensic investigation reports conducted in terms of Section 106 of the Municipal System Act at Umsunduzi Municipality and thereafter to the National Council of Provinces.

The Chairperson put the report up for adoption.

Ms M Mmola (ANC, Mpumalanga) moved for its adoption.

Mr E Mthethwa (ANC, KwaZulu-Natal) seconded.

The report was adopted without amendments.

Report of the Committee Inspection in Loco on Notice of Intervention in Mtubatuba Local Municipality

The Chairperson highlighted that, having conducted the oversight visit to Phokwane Local Municipality and interacted with internal and external stakeholders, the Committee recommended as follows:

  • The NCOP approve the intervention in Phokwane Local Municipality in terms of section 139 (1) (b) and (5) of the Constitution.
  • The Northern Cape MEC for Cooperative Governance, Human Settlements and Traditional Affairs should upon approval of this intervention, table quarterly reports on the implementation of the Financial Recovery Plan. Further, consider replacing the current Administrator and appoint a credible, ethical, qualified and competent Administrator.
  • The Northern Cape MEC for Cooperative Governance, Human Settlements and Traditional Affairs should, in collaboration with the Minister for CoGTA provide continuous support to the Municipality in terms of section 154 of the Constitution, and show demonstrable portfolio of evidence of the quality support and capacity.
  • The Northern Cape MEC for Cooperative Governance, Human Settlements and Traditional Affairs should fast-track the process of tabling the forensic investigation report conducted in terms of section 106 of the Municipal System Act to Phokwane Municipal Council, and then after to the NCOP.

The Chairperson put the report up for adoption.

Ms Ncita expressed her support as its recommendations spoke to the challenges and outcries within the communities. It should be ensured that administrators do not take over the responsibility of councils. She moved for its adoption.

Ms S Shaik (ANC, Limpopo) seconded.

The report was adopted without amendments.

Closing remarks

The Chairperson thanked Members for being eager to fulfil their mandates and ensuring that the Committee meets stipulated deadlines at all times.

The meeting was adjourned.

 

Download as PDF

You can download this page as a PDF using your browser's print functionality. Click on the "Print" button below and select the "PDF" option under destinations/printers.

See detailed instructions for your browser here.

Share this page: