Chairperson, the Select Committee on Co-operative Governance and Traditional Affairs undertook oversight visits to Koukamma Local Municipality and the Alfred Nzo District Municipality on 18 and 19 August 2009 respectively. These were based on the intervention notice invoked by the Eastern Cape MEC for local government and traditional affairs in terms of section 139(1)(b) of the Constitution in both municipalities.
In terms of section 139(1)(b), 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 the obligation, including assuming responsibility for the relevant obligations in that municipality.
The main objectives of the oversight visits were to determine whether procedural requirements had been met, verify whether the provincial executive had used its discretion appropriately before the committee could recommend approval or disapproval of the intervention, and determine how the provincial executive intended to restore the fulfilment of the relevant obligations and to ensure fulfilment in the long term, the aim being to ensure intergovernmental checks and balances aimed at guarding the integrity and efficiency of the intervention process.
The main issues raised in the Koukamma Local Municipality were regarding the challenges experienced by the municipality which related to critical vacant positions; service delivery challenges and huge infrastructural backlogs; lack of legislation compliance with regard to the Local Government: Municipal Finance Management Act, MFMA, and its supply-chain management regulation; critical challenges with regard to public participation in the affairs of the municipality; financial mismanagement and inadequate financial controls; and the need for technical and financial assistance from the provincial department of local government and traditional affairs and National Treasury.
With regard to the Alfred Nzo District Municipality, there were critical challenges in the areas of administrative, political and institutional instability, lack of accountability on the part of senior and middle managers, and political interference in the administration. There were challenges experienced by the municipality relating to critical vacant positions, service delivery-related problems, municipal financial viability and management, and a lack of legislative compliance with regard to the