Knysna muni administration still an ongoing saga

Knysna Council has mandated Municipal Manager Ombali Sebola to seek “clarification and information” regarding Western Cape Local Government Minister Anton Bredell’s first move to place the municipality under administration.

At the same time, Council indicated it was elevating the issue to an “intergovernmental dispute”, also involving the provincial and national departments of Cogta.

Bredell’s intention, in terms of Section 139(1)(a) of the constitution to issue Knysna with a notice, was contained in a 28-page letter sent to Knysna Mayor Aubrey Tsengwa and Speaker Mncedisi Skosana on 16 April. He gave the two until close of business on Tuesday 23 April to respond and provide timeframes and deadlines to rectify the situation.

Knysna Municipality communications manager Christopher Bezuidenhout said Council resolved at its special meeting on Monday “to take proactive steps to address the situation and ensure clarity on the matter”. He said Council noted the progress made on the implementation of the Section 154 support plan, but that concerns were raised regarding the decision of the MEC to proceed with an intention to intervene, rather than continuing with the support plan.

“In response to this, the council has mandated the municipal manager to write to MEC Bredell to seek clarification and information regarding this decision. Specifically, MM Sebola will inquire whether all communication and supporting documentation related to the Section

154 Support Plan has been received and reviewed.

“The council has also requested that a meeting with MEC Bredell, the head of department of Local Government in the Western Cape, as well as representatives from the Provincial and National Departments of Cogta, be arranged to address the matters raised in the Notice of Intention to Intervene.

“This proactive approach underscores the council's commitment to effective governance and cooperation with relevant authorities to address challenges facing the municipality. The council remains dedicated to serving the interests of the community and ensuring transparent and accountable leadership,” said Bezuidenhout.

Knysna called a special council meeting on Monday 22 April to table the 28-page letter from Bredell. The letter contains a myriad of allegations of inaction against the municipality.

But at Monday’s meeting the ruling ANC-alliance council elevated the matter to “an intergovernmental dispute”, delegating Sebola to engage with Bredell and the National Minister of Cogta on the process to institute in “addressing this intergovernmental dispute”, according to council documents.

When asked about Council’s motion, Bredell’s spokesman Wouter Kriel said on Tuesday: “We have not received any formal response from Knysna Municipality and cannot comment at this stage."

Sharon Sabbagh, DA Ward 9 councillor, said the move by Council was erroneous as it was not for the municipal manager, a municipal employee, to respond, but Tsengwa and Skosana, to whom Bredell’s letter was addressed.

During Monday’s debate Tsengwa accused Bredell of “playing politics”, saying he had not offered any funding or assistance to resolve the issues with the municipality.

Sabbagh responded by saying Tsengwa and the ANC-alliance did not understand the separation between Party and State, saying Bredell had written the letter in his capacity as a Western Cape government minister and not a party functionary.

At Monday’s meeting Council delegated Sebola to engage “on process, to institute in addressing this inter-governmental dispute”.

Council documents at the meeting also lifted the lid on the charges laid against the municipality.

“On Monday, 15 April 2024, Detective Constable Pietersen of SAPS, Knysna, informed the Municipal Manager that a criminal case was opened against the Knysna Municipality for the alleged contravention of the National Environmental Management: Waste Act, 2008 (NEMA)," the documents read.

“The administration was informed that Mr JM Olofse, Regional Manager: Sentraal (Sic) Karoo & Garden Route Directorate of Environmental Law Enforcement, Department of Environmental Affairs & Development Planning, instituted the criminal proceedings on 6 April 2024.”

The charges said Knysna Municipality did not comply with the Waste Transfer Station Permit and with the provisions of Nema “with specific regard to the Waste Act”.

“The steps which the department was supposed to have taken before opening a case, we cannot determine at this stage, as we do not know which provision was contravened.

“Under the main act, Waste Management and or Environmental Management have different processes to be followed prior to opening a criminal case. So, we cannot outline a process in the item in the absence of a specific provision that has been contravened. We will report to the Municipal Council when we are aware of the specific contraventions and advise on the legalities.”

The council document said the investigation has not started yet and “the administration will be contacted as to whether documentation and/or a statement will have to be submitted”.

When asked about Council’s motion, Bredell’s spokesman Wouter Kriel said on Tuesday: “We have not received any formal response from Knysna Municipality and cannot comment at this stage.”