Cogta Committee concerned about delays to process the Intervention Bill
The Portfolio Committee on Cooperative Governance and Traditional Affairs (Cogta) is disappointed by the delay to table and process the Intergovernmental, Monitoring, Support and Intervention Bill. The bill was highlighted by the Department of Cooperative Governance as a remedy to many challenges experienced when section 139 of the Constitution is invoked, reports Malatswa Molepo.
The Bill is urgent, especially in light of the Cabinet decision to intervene in 64 dysfunctional municipalities, with possible dissolutions of some municipalities. “There have been successive promises about the tabling of this Bill since the formation of this committee. We are now mid-term and there has been no tangible movement on the Bill, which has been sold as a solution to many challenges that impede successful implementation of interventions,” said Ms Faith Muthambi, the Chairperson of the committee.
The committee noted a Cabinet decision to intervene at 64 dysfunctional municipalities across the country but emphasised that there is a need to do things differently because the experience of intervention has not always been positive.Of major importance is the availability of dedicated technical support that will be essential in providing the necessary know-how to stabilise the municipalities. Furthermore, there must be a detailed plan on how initial interventions are sustained within those municipalities.
On possible dissolution of municipalities, the committee called for a clear and detailed plan on a process following the dissolution, especially in light of the Moseneke report on the delay of local government elections. The committee is of the view that dissolution without a clear plan will lead to an undesirable accountability vacuum.
The committee remains of the view that section 139 interventions should be the option of last resort, and that early warning systems, together with rapid response teams, must be in place to intervene in municipalities earlier. “While the constitutional prescripts of interventions are necessary, early warning systems and rapid response teams will ensure that we arrest the challenges of governance, service delivery lapses and functionality of municipalities,” emphasised Ms Muthambi.
Regarding interventions in North West, the committee urged the speedy finalisation of specific municipal support and intervention packages. It also called for an agreement on the appropriate mode of intervention in relation to the hierarchy of constitutional and legislative intervention measures.
Regarding the dissolution of municipalities, the committee called for a thorough assessment and consideration of the decision, especially in relation to local municipalities within the Ngaka Modiri Molela District Municipality. This is because the dissolution of three of the five local municipality in the district affects the standing of the district municipality. Also, the committee has cautioned against selective dissolution, as this might add to the negative perception of unfairness
against the constitutional prescript of intervention.
The committee continues to support the implementation of section 154 of the Constitution, which must provide adequate support and accentuates collaborative effort in government.
The committee notes the progress in conducting training for traditional councils on the introduction of the Traditional and Khoi-San Leadership Act 3 of 2019 and the changes made to section 81 of the Structures Act, as well as the new roles and participation in municipal councils by traditional leaders. Despite this, the committee has called for the strengthening of these training initiatives to ensure that the institution of traditional leadership performs its duties as envisioned in the Act.