Misgovernance a threat to existence of municipalities

We support the Eastern Cape provincial government’s decision to appeal the Grahamstown high court’s order that it must dissolve the Makana municipal council, appoint an administrator and implement a recovery plan to ensure the municipality meets its constitutional obligations to its residents.

It is in the interests of government and the people of SA that judge Igna Stretch’s judgement reaches the Constitutional Court as soon as possible and either becomes settled law or is overturned by the highest court in the land.

Premier Oscar Mabuyane makes a preposterous assertion that this judgment is a wake-up call to government that it has a responsibility to deliver services to the people.

It is inaccurate to suggest that government has not known since the dawn of democracy that it has pressing service delivery responsibilities to the people of this country. There have been successive wake-up calls from protests across the of the country.

Stretch’s judgment is a meticulous consideration of the legal duties and responsibilities of the various spheres of government, of local authorities in the administration and provision of services, and of other authorities when municipalities fail to perform.

It points out previous measures proposed to address Makana’s distress. It also reiterates the role and functions of the courts, in declaring any law or conduct that is inconsistent with the constitution to be invalid, and to make any just and equitable order.

For the rest, the extent of government’s failures is widely known. Stretch notes that the allegations against the Makana council, including why it should be dissolved, have not been disputed by provincial government.

Despite Mabuyane’s apprehension, the courts, acting on the legitimate and urgent concerns of ordinary people and their institutions, regularly dictate to government the terms of corrective action on a vast array of national, provincial and local government failures.

Judges in various jurisdictions warn themselves consistently of the dangers of breaching the principle of separation of powers by over-reaching into the domains of the executive or legislative arms of government. They continue to adjudicate fairly, showing no fear in finding in favour of those whose rights have been violated by the obscene action or inaction of government.

Mabuyane is correct in raising the risk that municipalities, as we know them, may cease to exist. But that will not result from Stretch’s judgment.

Instead, the concerns which people have especially about the failures of local government will eventually result in a complete breakdown of this sphere. Those with the means will seek solutions in the private sector; others may resort to lawlessness.

That is the wake-up call which government must heed urgently.