DA Councillor Phillip Nothnagel of Ward 5, Emfuleni, writes:
It is quite clear that the Emfuleni Municipality (ELM), led by the ANC, is spiraling out of control and is on the verge of total collapse. ELM has challenges around governance, financial management and service delivery. There are conflicts between top management and councilors, and allegations of political in-fighting and the municipality is beset with poor performance, insufficient organizational structures and vacancies. On the financial side, there is a lack of capacity and systems to effectively manage the financial resources especially on the income side. Service delivery is uneven, with lags between demand and supply, and high debt in the, municipality, resulting in insufficient spending on maintenance and frequent breakdowns. The Municipality faces major challenges around infrastructure and service delivery collapses, with disintegration of functions.
The municipality is in serious and persistent material breach of its obligations to provide basic services, meet its financial commitments and to adhere to the terms, conditions and timelines of the Financial Recovery plan, aimed at assisting the municipality to meet its obligations. The acting Municipal Manager/Administrator is under a cloud of suspicion.
In view of these facts The DA has decided to launch a campaign to place Emfuleni Municipality (ELM) under full administration in terms of the Constitution of the Republic of South Africa and for the Emfuleni Council to be dissolved by the Premier. In terms of the Constitution, there are three instances in which a provincial government may intervene in a local government:
Firstly, when a municipality is either not able to, or does not fulfil an executive obligation in terms of either the Constitution or legislation. Executive obligation means, the delivery of basic services and improvement of the lives of people and development of policy and initiation of by-laws and implementation and administration of legislation. Secondly, the provincial government must intervene in a municipality if the municipality either is not able to or does not fulfil an obligation in terms of the Constitution or legislation to approve a budget or any revenue raising measures necessary to give effect to the budget.
Thirdly, provincial government must intervene in a municipality “if a municipality, as a result of a crisis in its financial affairs, is in serious or persistent material breach of its obligations to provide basic services or to meet its financial commitments, or admits that it is unable to meet its obligations or financial commitments
It is quite clear that the present intervention in terms of Article 139(b) at ELM has failed and amounts to little more than window dressing.
The DA insists that no municipal or government official is untouchable and should be allowed to do as they like, without facing sanctions. We insist that any official who misbehaved must be disciplined, incompetent officials must be removed.
The DA says it firmly believes that ELM should be put under full administration.