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FOR WRITTEN REPLY
NATIONAL COUNCIL OF PROVINCES
PARLIAMENTARY QUESTION NO PQ: 443
Mr J M G Bekker (DA-WC) to ask the Minister for Cooperative Governance and
Traditional Affairs:
(1) (a) How many municipalities are under administration in each province
and (b) which municipalities?;
(2) (a) How many municipalities have not appointed a permanent (i)
Municipal Manager and (ii) Chief Financial Officer in the past
financial year, (b) which municipalities in each case and (c) what are
the reasons for failure to appoint such officials in each case?
CW653E
REPLY:
1) There are various types of interventions in terms of sections 139(1)
(b), 139(4) of the Constitution and 136(2) of the Municipal Finance
Management Act (MFMA).
a) Currently, there are nine municipalities in three provinces that are
under administration in terms of section 139(1)(b) of the
Constitution, where the provincial executives concerned have assumed
responsibility for the relevant obligation or obligations that the
municipalities failed to fulfil.
b) The municipalities are Indaka, Mtubatuba, Imbabazane, Abaqulusi and
Umvoti local municipalities (KwaZulu-Natal); Ditsobotla and Maquassi
Hills local municipalities (North West); and Emalahleni and
Bushbuckridge local municipalities (Mpumalanga). Administrators were
appointed in these municipalities to assume responsibilities for the
relevant obligations on behalf of the provincial executives concerned.
It should also be noted that there are four other municipalities
wherein relevant provincial executives have intervened in terms of
other legislation, and other subsections found in section 139 of the
Constitution. To illustrate this point, Oudtshoorn Local Municipality
in the Western Cape is under section 139(4) of the Constitution, which
is invoked when a municipality cannot or does not fulfil an obligation
to approve a budget or any revenue-raising measures necessary to give
effect to the budget. Furthermore, there are three municipalities that
are under discretionary financial interventions in terms of section
136 (2) of the MFMA, read with section 139(1) of the Constitution,
These are Umzinyathi, Uthukela and Ugu district municipalities in
KwaZulu-Natal.
The Western Cape Provincial Executive implemented its intervention in
the Oudtshoorn Local Municipality by means of approving a temporary
budget for the municipality and directing the municipality to approve
its annual budget, while the KwaZulu-Natal Provincial Executive
intervened in Umzinyathi, Uthukela and UGu district municipalities by
deploying suitably qualified persons to assume specific functions
provided for in their mandates.
2) As of 30 September 2013, 51 municipalities did not have municipal
managers (MMs).
b) (i) The municipal manager vacancies are in the following
municipalities:
⢠Free State: Xhariep.
⢠Limpopo: Modimolle, Aganang, Ephraim Mogale and Mutale.
⢠Gauteng: Randfontein and Merafong.
⢠Western Cape: Oudtshoorn and Swellendam.
⢠Mpumalanga: Thaba Chweu, Dr JS Moroka, Emakhazeni, Nkangala and
Msukaligwa.
⢠North West: Dr Kenneth Kaunda.
⢠KwaZulu Natal: Ugu, Hlabisa, Mbonambi, Ilembe, Nkandla,
Ndwendwe, Maphumulo, Imbabazane, Abaqulusi, Mpofana,
Umziwabantu, Mkhambathini, Endumeni, Umshwathi, Uthukela,
Emandlageni, Umkhayakude, Sisonke,Ntambanana
⢠Northern Cape: Karoo Hoogland, Namakwa, Pixley ka Seme,
Renosterberg, Mier, !Khara Hais, !Kheis, Tsantsabane and Khai
Ma.
⢠Eastern Cape: Nelson Mandela Metro, Gariep, Ukhahlamba, Qaukeni,
Mbashe, Mtabankulu, Blue Crane, Ngqushwa.
(ii) There are currently sixty eight (68) municipalities without
CFOs. The vacancies are in the following Municipalities:
⢠Free State: Xhariep, Letsemeng, Kopanong, Mohokare, Nala,
Matjhabeng, Maluti-a-Phofung, Mafube, Metsimaholo, Moqhaka.
⢠Limpopo: Tubatse, Mopani, Maruleng, Greater Letaba, Ephraim
Mogale.
⢠Gauteng: Lesedi, Randfontein, Merafong, City of Joburg.
⢠Mpumalanga: Lekwa, Victor Khanye, Emakhazeni, Thaba Chweu,
Mbombela, Bushbuckridge.
⢠North West: Ngaka Modiri Molema, Ramotshere Moiloa, Mammusa, Dr
Kenneth Kaunda.
⢠KwaZulu Natal: Vulamehlo, Umshwati, Imbabazane, Impendle,
Umgeni, Mpofana, Mkhambathini, Emnambithi,
Indaka,Amajuba,Umzinyathi, Newcastle, Hlabisa, Mtubatuba,
Mfolozi, Abaqulusi, Ndwendwe, Ingwe, KwaSani.
⢠Northern Cape: John Taolo Gaetsewe, Renosterberg, Siyathemba,
Mier, 1Kheis, Tsantsabane, Thembelihle, !Kai! Garib,
Kgatelopele.
⢠Eastern Cape: Nelson Mandela Metro, Great Kei, Nkonkobe, Nxuba,
Mbizana, Sundays River, Inxuba, Maletswai, Senqu, King Sabata
Dalindyebo, Port St Johns.
c) The reasons for the MM and CFO vacancies could be due to a number of
reasons that include, but are not limited to the following:
⢠Officials may have resigned before their contract ends;
⢠Municipalities are in the process of recruiting new MMs or CFOs;
⢠Contracts could have come to an end and municipalities are in
the process of appointing new municipal and CFOs managers;
⢠Some municipalities have difficulty attracting candidates who
meet minimum competency requirements and the recruitment
process takes longer;
⢠Some municipalities are unable to attract and retain competent
staff due to their remote locations and budgetary constraints,
and as such it takes longer for the positions to be filled;
⢠Some municipalities would have advertised and made appointments
but the appointments were not compliant with the Municipal
Systems Act, 2000 (Act No. 32 of 2000) (MSA) as amended, and as
such had to be nullified by either Councils or the Courts;
⢠In some municipalities, the municipal managers or CFOs are
facing disciplinary processes, and the positions cannot be
filled pending the final outcome thereof.