Not enough to prove bias
IF CIRCUMSTANTIAL evidence were enough to secure a conviction on its own, the Municipal Demarcation Board would surely be guilty of political bias, as charged by the Democratic Alliance (DA).
After all, it does rather stretch credulity that the only municipality in Gauteng that is not controlled by the African National Congress (ANC), Midvaal, just happens to have been selected for a merger with some of its poorer neighbours to form a new metropolitan council that will almost certainly enjoy an ANC majority.
That is certainly quite a coincidence. But coincidence is not enough to sustain an accusation of bias, especially as the board is an important democratic institution whose credibility is undermined at our peril. As a so-called chapter nine institution, the board’s independence from party politics is enshrined in the constitution, so accusations of bias have serious implications and must be backed by solid evidence. So far, none has been provided. It is, of course, possible that the board has erred in ruling that the Midvaal and Emfuleni local municipalities, and Sedibeng district municipality, fulfil the Municipal Demarcation Act’s requirements for the formation of a new metro. These are complex and always open to a degree of interpretation, so it is not out of the question that a review could reach a different conclusion. Much depends on the reasons the board provides for concluding that the merger is in the interests of democracy and the efficient delivery of services. If these are sound and due process has been followed, any DA appeal is likely to fail.
The ANC is, unsurprisingly, ecstatic over the board’s ruling, which it insists has nothing to do with the likelihood that the DA will lose its governance foothold in Gauteng from 2016, and everything to do with the potential for improved service delivery in the poorer and more rural areas that surround the relatively affluent Midvaal.
But gaining power in the area, whether by hook or by crook, could turn out to be a double-edged sword for the ANC. Even the Gauteng administration, which it controls, has consistently rated Midvaal’s standard of governance as among the best in the province. If the merger goes through, the ANC seizes control and the new metro fails to maintain that standard, there will be nowhere to hide.
As far as the DA is concerned, it has every right to demand that the board justify its decision, and to approach the courts for relief if those reasons are unsatisfactory or have not been applied consistently. But it will be doing SA a disservice if it cannot substantiate its accusations and cries wolf anyway. Sometimes it is best just to swallow hard and take a setback on the chin.