Johannesburg - Problems facing Ditsobotla local municipality in North West are enough grounds to recommend the dissolution of the municipality, the select committee on cooperative governance and traditional affairs (Cogta) said on Monday.
The committee has resolved to recommend that the National Council of Provinces (NCOP) approve the intervention into Ditsobotla local municipality in terms of section 139 (1) (c) of the Constitution.
Section 139 of the Constitution authorises the provincial executive to intervene in a municipality when it does not fulfil its executive obligation in terms.
The committee believed that there was clear evidence of exceptional circumstances to support this decision.
Committee chairperson China Dodovu said following the committee's visit to the municipality on September 29, the committee was of the opinion that the challenges facing the municipality, which include financial mismanagement, inadequate service delivery and lapses in governance, were enough grounds to recommend the dissolution of the municipality
"Our preoccupation has always been about ensuring that the people receive the best basic services and a dysfunctional municipality will not be able to ensure that. We must hasten to emphasise that if approved by the NCOP, this intervention should solely be focused on ensuring efficient service delivery to the people," Dodovu said.
He said the existence of two parallel municipal councils operating in the municipality, with two mayors, two speakers and two chief whips, was another compelling reason for dissolution, as this makes it impossible to fulfil executive and legislative obligations, with the residents of the municipality bearing the full brunt of the impact of the dysfunction.
He said another, even greater concern for the committee is the existence of what appears to be criminal elements within the municipality, which is the root of the non-compliance with legislation and supply chain management policy.
"This has allowed corruption and malfeasance to flourish. The leadership squabbles between the offices of the mayor and the speaker exacerbated an already toxic environment, which has made it difficult for the municipality to discharge its constitutional obligations."
The committee also questioned the appointment of skilled and qualified municipal officials who would ensure that functions were implemented with the highest professionalism and in compliance with the requirements of the national development plan to build a capable and developmental state.
"The committee therefore resolved that a skills audit is necessary to ascertain what skills are available within the municipality and which areas need augmentation."
The committee was also concerned that North West Cooperative Governance and Traditional Affairs MEC Lenah Miga has hired an administrator for the municipality, even though legal process has not been concluded.
"The steps taken by the MEC to appoint an administrator are not procedural and thus invalid, as the NCOP has not as yet taken a decision on the intervention. Only after adoption of this report can the MEC appoint administrators," Dodovu said.
The committee was concerned that the MEC’s actions undermine the legal process and perpetuate the unfounded perception that the NCOP process wad merely a formality.
"The committee therefore resolved to invite the MEC to appear before the committee within the month, so she can give reasons for her actions."
The committee was expected to table a report in the NCOP recommending the dissolution of Ditsobotla local municipality on Wednesday.
North West provincial government resolved to dissolve the troubled Ditsobotla municipality with immediate effect on September 14.
The ANC in North West said it welcomed the decision of the provincial government to place the Ditsobotla Local Government under Section 139 (1)c thus effectively dissolving that Local Municipality.
"As a result of this decision, the ANC is already preparing itself for the by-elections and we shall contest all wards in that local municipality. As we oil our elections machinery, we call on all members of the ANC to prepare themselves to descend to the Ditsobotla sub-region and rekindle our bond with the people of Ditsobotla," said provincial secretary Louis Diremelo following the ANC provincial executive committee (PEC) meeting last week.
"The PEC further welcomed efforts made by the officials to bring about stability in all spheres of governance with a sole objective of ensuring that the only focus of all elected representatives is a mission to build better communities.
"The PEC will continue to make intervention in the local municipalities of Mamusa, Kagisano-Molopo and Rustenburg. These interventions are amongst others expected to bring political and administrative stability with the view of ensuring that we build better communities. We further remind all ANC deployees the centrality of the ANC in all the roles they occupy," Diremelo said.
Last week, an Economic Freedom Fighters (EFF) sponsored motion of no confidence in Rustenburg mayor Sheila Mabale-Huma was defeated at the council meeting.
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