CoGTA intervenes in state of affairs at Lekwa
The conclusion was that the municipality is not self-sustainable, on the brink of collapse and incapable of discharging its constitutional obligation to its citizens.
Speculation about the status of the Lekwa Municipality can be put to rest, council will not be resolved, but provincial intervention is on the cards.
A delegation from the national council of provinces was in Standerton on Wednesday, 28 October, withe the cordoned off area in front of the municipal offices testifying to the importance.
Cooperative Governance and Traditional Affairs (CoGTA) met with municipal office bearers.
According to Mr Rosier de Ville, caucus leader of the DA, Ms Sonja Boshoff, their representative, sat in on proceedings.
Mr De Ville said on Monday, 2 November that Section 139 1 (b) of the Constitution of South Africa comes into effect.
For purposes of clarification of provincial intervention in municipalities, the difference between Section 139 1 (b) and (c) needs to be taken into account.
1. When a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including-
b. assuming responsibility for the relevant obligation in that municipality to the extent necessary to-
i. maintain essential national standards or meet established minimum standards for the rendering of a service;
ii. prevent the Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or
iii. maintain economic unity; or
c. dissolving the Municipal Council and appointing an administrator until a newly elected Municipal Council has been declared elected, if exceptional circumstances warrant such a step.
He said CoGTA’s intervention follows a letter received from the Human Rights Commission in which the deterioration of Lekwa was assessed.
The conclusion was that the municipality is not self-sustainable, on the brink of collapse and incapable of discharging its constitutional obligation to its citizens.
Mr De Ville also gave feedback on the last council meeting.
“The meeting proceeded in a much better spirit than previously,” he said.
He was accompanied by Mr Deon Bekker to attend the DA’s virtual congress in Middelburg the past weekend.
Ms Trudie Grové-Morgan, spokesman of the DA, issued a press release on Friday, 30 October, saying that the DA will still persuade the MEC, Mr Mandla Msibi, to dissolve council and appoint administrators in four Mpumalanga municipalities, of which Lekwa is one.
The Standerton Advertiser will publish an article on the report of the national council council of provinces in a future edition.
Mr De Ville concluded by saying that there was no other option as to intervene in Lekwa.
“Council should now take this opportunity to put things right and work together.”
The DA’s motion of no confidence against the mayor and speaker was dealt with in February this year, but they were
reinstated.
