Lewin wants Van der Molen gone

In an open letter sent to Clr Van der Molen of ward 118, which was also sent to the EXPRESS, Ms Lewin said, “The eastern side of your ward is deteriorating rapidly. I have watched for two-and-a-half years how it has deteriorated. If you are a true ‘democrat’, then resign and let us have the democratic right to vote for a councillor who cares enough for their community to live in their ward.”

Parts of Kensington are served by Clr Van der Molen while the rest is served by Clr Carlos da Rocha.

Speaking about ward 118 to the EXPRESS, Ms Lewin said, “Ward 118 was the better part of Kensington. A drive through the suburb which falls under this ward shows just how much the area has declined. The pavements are broken, manhole covers are missing, illegal dumping is taking place and the place is a mess,” she said.

Ms Lewin, who owns a property in Kensington, is worried about property value decreasing.

In her letter to Clr Van der Molen she said, “The DA chief whip confirms that you no longer live in your ward and are living in Mondeor. As a ratepayer, I call on you to do the honourable thing and resign and allow a by-election to take place. I remind you that in your last term of office you also did not live in your ward. You also conveniently left out exactly which Kensington you lived in so that your constituents believed you lived in Kensington B and not Kensington. Democracy in action is exactly that.” An enquiry was sent to the chief whip of the DA in Johannesburg, Clr Alan Fuchs, and Ms Masego Sheburi, the provincial electoral officer of the Independent Electoral Commission (IEC) in Gauteng.

Clr Fuchs said in order to be a councillor in any ward in Johannesburg, the person must reside within the boundaries of Johannesburg. “While there is no specific requirement to be a resident within the ward that a councillor represents, it is preferable to do so. It is preferable, but not obligatory, for a councillor to live in the ward they represent. Sometimes, the existing dynamics result in a public representative living outside the ward they represent. It is possible to perform one’s duties as a councillor even if the councillor does not live in the ward,” he said.

He said there is no obligation for a person to disclose if they live out of the ward they serve. “The DA does so because we are transparent and have nothing to hide. If a ward councillor does not perform according to a stringent set of performance criteria or brings the party into disrepute, then disciplinary action may be instituted by the party. If the public representative is found guilty, one of the possible sanctions is for their membership of the party to be revoked. In these circumstances a by-election is held. No action is taken against a councillor who does not physically reside in the ward as long as they perform their duties,” he said.

He said Clr Van der Molen is an experienced and competent public representative.

“The councillor serves the whole community. Many parts of Johannesburg are deteriorating because of a dysfunctional and unresponsive council. No councillor, no matter how good they are, is able to change this situation. The only way to deal with this is to vote the governing party out of power,” said Clr Fuchs.

Ms Sheburi said the eligibility criteria to be a councillor is set out in section 158 of the Constitution read with section 21 of the Local Government: Municipal Structures Act 117 of 1998.

“The law provides that a person who is qualified to vote for a particular municipal council has the right to stand as a candidate in an election of that council. From this it is clear that there is no requirement that a councillor must be a resident in the ward they represent. A by-election is triggered by the declaration of a vacancy in the ward. The competent authority to declare a vacancy is the municipal manager of the concerned municipal council. Recognised causes of a vacancy are prescribed in the Municipal Structures Act,” she said.

These include resignation by a councillor, no longer qualified to be a councillor, contravening the code of conduct of councillors and being removed from office, ceasing to be ordinarily resident in the municipality. Mr Billy Madungandaba, from the speaker’s office, said a decision on whether a person should live in the ward they serve is a party decision. “The party can decide on this. Some DA councillors do not live in the ward they serve. In the ANC it is preferred that the councillor lives in the ward. Council does not stipulate whether a councillor should live in the ward they serve,” he said.

Van der Molen will not resign

Councillor Alison Van der Molen will not resign because she believes there is no legitimate reason for her to do so.

“No legitimate or legal reason has been given by Ms Carol Lewin for me to do so,” she said.

When asked why she does not live in the ward she serves, Clr Van der Molen said that she did so until December 2012.

“Due to changes in my personal life, I moved to another suburb. As a former city councillor, Ms Lewin should be familiar with the Acts governing local municipalities, the Municipal Systems Act of 2000 and the Municipal Structures Act of 1988, and therefore should know that it requires that a city councillor lives within the municipal boundaries of the municipality in which they are elected,” she said.

Clr Van der Molen said not living in her ward does not impact on her role as a ward councillor. “We live in a day of modern technology. I attend as many community meetings and events as I can, where I meet up with residents throughout ward 118 and not just Kensington.

“As I remain a property owner in Kensington and member of the I Love Kensington Association, I do not see the relevance of Ms Lewin’s concern.

“As it is, I am in my ward almost every day of my life as I have chosen to perform my council duties full time, where Ms Lewin chose not to do so when she was in office and exercised her right to perform her council duties part time,” she said.

She added that in her last term of office, a media publication erroneously published that she was a Kensington B resident.

“I cannot be held to account for their mistake. At no time was it a secret that I stayed outside of Randburg and none of the residents in the ward had issues with this. If I were to list all the work I have done in the ward, it would be near impossible.

“Ms Lewin should be pleased that the rehabilitation of Bruma Lake has finally been resolved, as this was one of the many issues she had to deal with during her term as councillor. She is also only too familiar with issues around Cyrildene and another success for ward 118 is that in this term of office progress has been made to have a precinct plan implemented.

“Kensington certainly does have its own set of problems, which are being addressed, but are often hampered by the budget constraints being experienced in council now. Ms Lewin, who I believe also does not reside any longer in Kensington but remains a property owner, is welcome to attend any one of the many community meetings where she is welcome to engage with me. Ms Lewin is more than welcome to forward me any issues she has reported to council that has not been resolved with the relevant reference number and I will be happy to escalate her issues to the relevant department,” said Clr Van der Molen.