Objection to Madibeng intervention struck off the roll
16 Jul 2012
As Administrator and team of experts will be deployed by the North West Provincial Government to Madibeng Local Municipality as from Monday. This follows yesterday, Friday 13 July 2012 Pretoria High Court judgement that dismissed the municipality’s objection to the provincial government to invocation of Section 139(1) (b) of the constitution in the municipality.
The municipality’s application against provincial intervention was dismissed and struck off the wall with costs as the court found that they failed to show its urgency.
In welcoming the ruling on behalf of the provincial government, MEC for Local Government and Traditional Affairs, China Dodovu said that his department is heartened that the majority of councillors from across all political parties represented in the municipality supported the provincial government on the matter and are interested in putting the interests of communities before their own.
Dodovu said that the appointed Administrator to be appointed for a minimum period of 6 months to maximum of 12 months will assisted in the execution of his/her day duties and responsibilities will include experts in Technical, Legal, Finance, Engineer, Integrated Technology Systems, Town Planner.
The Provincial Executive Council (Exco) had approved the intervention last month as part of implementation of the local government turnaround strategy after the municipal council had demonstrated total disregard of legislation and policies on issues of Council structures and committees to the extent that there is instability that has led to council failing to perform its oversight role.
The administrative accountability of senior management has also been undermined, and has demonstrated serious disregard of legislation and policies on Supply Chain and proper financial administration, its failure to repay its loans.
Although the National Treasury capacity assessment rates the municipality as a high capacity municipality as it has sufficient revenue base to sustain service delivery through own revenue, over and above Municipal Infrastructure Grant (MIG) and equitable share grant allocations received from National and Provincial Government.
As a result of the challenges experienced and exacerbated by the municipality, service delivery tends to suffer and manifests itself in poor water and sanitation services provision which often results in water supply disruptions, poor standard of internal road infrastructure, uneven provision of services to communities and projects delay due to prolonged processes and possible fraud and corruption among others.
The appointed administrator will oversee and guide the processes relating to adoption of annual Integrated Development Plans and budget, adoption of by-laws and policies and any other matter that might be introduced by him or her in consultation with the provincial government as the council will still remain in existence but with limited powers.
The municipality has for the past four financial years received adverse audit opinions on its financial statements from the Audit General.
Lesiba Moses Kgwele
Tel: 018 388 3705
Cell: 083 629 1987
Fax: 086 620 4802
Issued by: North West Office of the Premier
16 Jul 2012
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