Hon Chairperson, hon members, I am presenting a Report on the Fetakgomo Tubatse Local Municipality in Limpopo. On the 25th of June 2019, the MEC of Co-operative Governance and Human Settlements in Limpopo tabled to the NCOP a Notice of Intervention in terms of section 139(1)(b) of the Constitution in Fetakgomo Tubatse Local Municipality.
In compliance with Rule 101 of the NCOP, on the 5th of November 2019, the select committee considered this notice of intervention. The select committee observed that the Limpopo province failed to comply with the constitutional requirements of tabling the notice of intervention in terms of section 139(1)(b) of the Constitution.
The Constitution requires that the provincial executive council must notify the Minister, the NCOP and the provincial legislature within 14 days of its decision to invoke section 139(1)(b) of the Constitution. That within 28 days, the Minister must either approve or disapprove such a decision by the provincial executive council. That within 180 days, the NCOP must approve or disapprove such an intervention. In this case, the provincial government of Limpopo tabled a required notice after a period of 180 days lapsed.
The intervention to the municipality began on the 21st of December 2018 and the NCOP only received it from the MEC responsible for local government in Limpopo only on the 25th of June 2019.
Having considered the notice of intervention in terms of section 139 (1)(b) of the Constitution in Fetakgomo Tubatse Local Municipality, the Select Committee on Co-operative Governance and Traditional Affairs, Water, Sanitation and Human Settlement, recommends to the House as follows.
That the NCOP notes that MEC of Limpopo Department of Co-operative Governance, Human Settlement and Traditional Affairs the tabled the notice of intervention after the period of 180 days has lapsed. Accordingly, he did not comply with the constitutional and procedural requirements of tabling the notice of intervention in terms of section 139(1)(b) of the Constitution.
We recommend that the Limpopo MEC for Co-operative Governance, Human Settlement and Traditional Affairs should in collaboration with the Minister of Co-operative Governance and Traditional Affairs, Cogta, provide continuous support to the municipality in terms of section 154 of the Constitution and show demonstrable evidence of the quality of support and capacity before resorting to 139.
On the basis of that, we recommend that the House must not approve the intervention. Thank you very much, hon Chair.
Question Put: That the Report be agreed to.