EC to take over EMLM
Provincial intervention plan being drafted
THE Enoch Mgijima Local Municipality (EMLM) is to be placed under provincial administration, ANC provincial chairman Oscar Mabuyane confirmed on Sunday at Nonzwakazi Methodist Church in Mlungisi.
Cooperative governance and traditional affairs (Cogta) MEC Fikile Xasa sent a letter to EMLM on November 10, indicating his intention to place the municipality under provincial administration by invoking section 139 (1)(a) of the constitution.
The section provides for the intervention of provinces in cases of financial crises, but had discretion in cases where there were problems in making payments or where expenditure exceeded revenue.
The majority of EMLM councillors voted against being placed under provincial administration in a council meeting on November 14. A response had to be sent to Xasa by November 30.
Mabuyane said there was a high level of instability and ill-discipline, both politically and administratively, in the municipality.
“Provincial leadership is working on issues plaguing EMLM and an intervention plan is being drafted,” said Mabuyane.
He said the instability and infighting in the local authority were caused by leaders “who do not want to do the right thing and obey the rules”.
If the current level of provincial intervention did not work, the next step would be taken.
“I have been in communication with the MEC and we have decided to deploy an administrator to assist this municipality. If there is still no positive change, we have agreed that the next step to follow would be to dissolve EMLM and to send a clear message to say even if it is people of the ANC who are corrupt and ill-disciplined, appropriate steps will be taken to remedy misconduct. The ANC is for the people and not certain individuals who want to push their own agendas via the name of our organisation.”
Last month during an interview session with reporters at Roydon Private Nature Reserve, Xasa said he would be compelled to invoke section 139 (1) (b) if he received an unsatisfactory response from EMLM.
“This section allows me to take some authority of the municipality and give it to an identified administrator. Councillors would remain and continue doing their jobs. The mayor is fundamentally a councillor as well and therefore would remain.”
Section 139 (1) (b) indicates that, “. . . assuming responsibility for the relevant obligation in that municipality to the extent necessary to maintain essential national standards or meet established minimum standards for the rendering of a service, prevent that municipal council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole, or maintain economic unity.”
Cogta spokesman Mamnkeli Ngam confirmed this week that the MEC was still studying the response from EMLM and due processes would be followed based on Xasa’s reply.
Municipal spokesman Fundile Feketshana said the municipality had not yet received communication from the MEC’s office.
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