THE metro’s failure to complete road construction in Esselen Park ext 3 compelled the DA to report the municipality to the Public Protector and the South African Human Rights Commission (SAHRC).
The roads project in Esselen Park ext 3 came to a total standstill during December 2013 with some roads only partly constructed, others not at all, without any explanation communicated to the community.
“It was our last resort. Ekurhuleni Metropolitan Municipality deviated from the law on an important roads project affecting hundreds of people,” ward councillor Johann Jordaan said in a statement on Wednesday.The DA is requesting an investigation into deviations of the Municipal Structures Act, the Municipal Systems Act, the Municipal Finance Management Act as well as the Bill of Rights in the Constitution with regards to the Esselen Park Ext 3 Roads Project.
“When community members were moved to Esselen Park ext 3 in 2011, there were no tarred roads. I requested that the roads and transport department prioritise road construction in this area. Nearly a year passed before this matter was given any serious attention,” Jordaan said.
“After liaising with officials in the department and community members, I was informed the project would begin in September 2012. As the ward councillor the responsibility falls on my shoulders to recommend, after consultation with the community, a community liaison officer (CLO) who would work with the private construction company to source labour from the community.
“This having been done, in October 2012, a faction of the people, led by the PR councillor allocated to the ward by the ANC, Clr Makhosazane Dhladhla-Mavundla, moved to undermine this programme by insisting I had not followed due process, claiming I had ignored the community.
“On October 18, another community meeting was held where the CLO was again approved by the community. Dhladhla-Mavundla once again took steps to prevent work from taking place, disrupting meetings and delaying work. Members of the community wrote a petition to the MMC for roads and transport, Clr Thumbu Mahlangu and the Speaker of Council, Clr Patricia Kumalo.
“The petition named individuals responsible for the disruption of the project, including Dhladhla-Mavundla. The MMC shirked his responsibility to protect his fellow ANC councillor and pushed the matter on to the Speaker of Council. To date, no response has been received by the community from the speakers’ office,” Jordaan said.
Jordaan noted these violations of the metro’s processes:
1. To instruct a private contractor to terminate the employment of its staff members so they could be replaced by others of choice is exceeding the MMC’s delegated powers.
2. To instruct a private contractor to terminate the position of a CLO for the Esselen Park ext 3 roads and storm water project recommended by Jordaan as the ward councillor to the contractor on recommendation from the community of Esselen Park ext 3, so that the CLO could be replaced by another, is interfering inter alia in Jordaan’s explicit and common practice vested responsibilities and duties as the duly elected ward councillor for Ward 91.
3. To refuse to meet on invitation and request of the community of Esselen Park ext 3 is not meeting the responsibilities of the MMC as set out in the delegated powers of the MMC and is also a contravention of the Public Participation Act.
4. To instruct an official to act as an interim CLO for the project amounts to interference in the administration of the municipality and therefore is a contravention of the Municipal Systems Act.
5. To instruct that the ward committee is to take the responsibility for the processes for the appointment of labourers to the project is an attempted breach of the Municipal Structures Act as the ward committee representing 10 specific sectors in the ward is a recommendation body to the ward councillor and has no executive powers to intervene in the administration of the municipality or in the duties and responsibilities of the elected ward councillor and or the operations of a private contractor.
The DA will await feedback from the office of the Public Protector and the SAHRC to guide the best possible path to take this matter further.
Express has referred the matter to the metro and is awaiting response.
