Parliament, Wednesday, 18 March 2020 – The Select Committee on Cooperative Governance and Traditional Affairs, Water and Sanitation will recommend to the National Council of Provinces (NCOO) to approve the intervention by Gauteng Provincial Executive into the City of Tshwane Metropolitan Municipality in Terms of Section 139 (1)(c) of the Constitution.

Following an extensive engagement with both internal and external stakeholders of the municipality, the committee is convinced that the municipality is unable to achieve the objects which the local government should achieve as set out in Section 152 of the Constitution.

All stakeholders present, both internal and external, agreed that the municipality is dysfunctional, and is failing to render its constitutional obligation.

Some of the issues that the committee relied upon to reach this decision, include the fact that the municipality is unable to meet to pass the adjustment budget, the council not being able to seat which means the decisions will not be taken, the council has not signed off the annual report, there is currently a leadership vacuum at both executive and legislative levels of the local government which directly impacts on governance of the municipality, the process to develop the Integrated Development Plan has not been initiated, ward committees have not been constituted and various service delivery challenges including the provision of quality water in the city, refuse removal and challenges in provision of electricity especially in townships were considered.

“The committee was convinced that there are exceptional circumstances that warrant the dissolution of the municipality as it has proven that it is unable to achieve its Constitutional obligation in terms of Section 152 of the Constitution. The fact of the matter is that no one will win if things continue in the manner that they are going currently in the municipality,” said Mr China Dodovu, the Chairperson of the committee.

At the centre of the decision taken by the committee was to ensure that the residents of Tshwane receive quality service delivery which the municipality can’t provide currently as a result of its dysfunctionality and leadership vacuum.

The committee is convinced that the decision it has taken is credible and is taken within the context of the reality of what is taking place in the City of Tshwane. Furthermore, the committee hopes that the decision will create basis for change that will be in the favour of the people of Tshwane.

“As a multiparty committee our work is independent and we are satisfied that the process we have undertaken is in accordance with the high standard of oversight as demanded of the Legislative arm of the State by the Constitution,” Mr Dodovu said.

It is worth noting that the City of Tshwane should be playing a strategic role in the functioning of South Africa as a whole, as it the seat of government, and home to a large number of Diplomatic Missions.

The inability of the City of Tshwane Metropolitan Municipality to function has a serious negative impact not only locally but internationally.

The committee is also satisfied by the fact that the Gauteng Provincial Executive has met all the procedural requirements that are spelt out in Section 139 (3) of the Constitution on its intervention in the City of Tshwane.

It is in this context that the committee will recommend to the NCOP to approve the intervention as per Section 139 (1)(c) of the Constitution.

The committee is hopeful that the intervention will be implanted to turn the state of governance of the municipality of the city around to meet the service delivery needs of the people of the City of Tshwane.

The committee will also recommend to the NCOP that the Electoral Commission of South Africa must, in planning for elections in the city, take into consideration, and develop plans in response to the directives given by the President in relation to COVID-19.


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