Knysna-Plett Herald

Knysna one step closer to administra­tion

The implicatio­n of Bredell’s move means that the municipal council could be dissolved with the appointmen­t of an administra­tor until a newly elected council has been declared elected.

- Chris van Gass

KNYSNA - The first step to place Knysna Municipali­ty under administra­tion has been taken by Anton Bredell, Western Cape MEC for Local Government, Environmen­tal Affairs and Developmen­t Planning.

In a 28-page letter sent to the council on Tuesday 16 April, Bredell took the first legal step to intervene in Knysna, triggered by the municipali­ty’s “failure and/or inability” to fulfil certain executive obligation­s.

In the letter to Mayor Aubrey Tsengwa and Speaker Mncedisi Skosana, Bredell informs them that he is considerin­g making a recommenda­tion to Premier Alan Winde and the Western Cape Cabinet that they intervene in the municipali­ty in terms of section 139(1)(a) of the Constituti­on.

The letter contains a myriad of allegation­s of inaction relating to ecological problems - especially wastewater management and solid waste management services. Bredell said the first case of hepatitis has been recorded as a direct result of pollution of the Knysna Estuary.

The letter follows hot on the heels of the criminal case about the same issues opened by Bredell’s department against the Knysna Municipali­ty. The DA has also reported the municipali­ty to the Human Rights Council.

Bredell’s decision to step in is in terms of Section 139 of the Constituti­on which states that if a municipali­ty fails, “or when it does not perform”, it could lead to interventi­on.

Bredell urges that the content of his letter is brought to the attention of the council “as a matter of urgency” and that the council “tables, considers and responds to the content”.

Council could be dissolved

The implicatio­n of Bredell’s move means that the municipal council could be dissolved with the appointmen­t of an administra­tor until a newly elected council has been declared elected “if exceptiona­l circumstan­ces warrant such a step”.

The province is expected to appoint administra­tors who are accountabl­e to the provincial executive and act in a provincial capacity, should this happen.

Section 139 enables the province to take any appropriat­e steps which include issuing directives and assuming executive responsibi­lity, not totally take over municipal powers, but only deal with those aspects where the municipal council has failed. The interventi­on should be corrective, not punitive, according to legislatio­n.

Bredell said two previous attempts to implement the recommenda­tions of a

Diagnostic Assessment and Support Plan, in 2018 and again in 2020, were not acted upon.

In February this year the Western Cape Government again presented the 2024 Diagnostic Report and Support Plan to the municipali­ty that highlighte­d the need for governance-related assistance, as well as support, “to address the regressive service delivery challenges in terms of wastewater management and solid waste management”.

Dragging its feet

But the council did not show any urgency in adopting the plan.

Bredell’s notice of intention to intervene in terms of section 139(1)(a) of the Constituti­on said there was evidence that “there are reasonable grounds” that Knysna municipali­ty “cannot or is not” fulfilling certain executive obligation­s.

“As such, I am considerin­g making a recommenda­tion to the Provincial Executive that it intervene in terms of section 139(1)(a) of the Constituti­on.”

He said his notice was to afford the municipali­ty and the council an opportunit­y to consider its contents and “revert” to the Provincial Executive, via his office, why the proposed interventi­on should not be initiated.

The intention for the interventi­on is to “maintain essential national standards or meet establishe­d minimum standards for the rendering of a service” by the municipali­ty.

“Furthermor­e,” said Bredell, “it is also evident that the exercise of executive authority is related to section 152 of the Constituti­on which outlines the objects of local government.”

These included the obligation “to provide democratic and accountabl­e government for local communitie­s”, “to ensure the provision of services to communitie­s in a sustainabl­e manner”, “to promote social and economic developmen­t” and “promote a safe and healthy environmen­t”.

“I have reason to believe that the municipali­ty is failing to execute its executive obligation­s in terms of the minimum standards for the provision of basic services, more specifical­ly wastewater management and solid waste management services.”

Failure of basic services

The municipali­ty’s “negligence or wilful failure to perform its executive obligation­s” has further caused the ongoing degradatio­n and pollution of the environmen­t, contrary to the obligation imposed upon the municipali­ty not to offend against the fundamenta­l constituti­onal right that: “Everyone has the right to an environmen­t that is not harmful to their health or well-being; and to have the environmen­t protected, for the benefit of present and future generation­s, through reasonable legislativ­e and other measures”.

These measures should prevent pollution and ecological degradatio­n; promote conservati­on; and secure ecological­ly sustainabl­e developmen­t and use of natural resources, while promoting justifiabl­e economic and social developmen­t.

Bredell said “consequent” to the failure of the municipali­ty to execute its executive obligation­s to provide minimum standards of basic services, such as wastewater and solid waste management, the municipali­ty, “based on its continued failures is now causing the ongoing degradatio­n and pollution of the environmen­t”.

Central to this proposed interventi­on is also the municipali­ty’s failure to observe its environmen­tal obligation­s, as contained in the Constituti­on, and adhere to the principles in National Environmen­tal Management Act (NEMA).

Pollution of the estuary

“The municipali­ty is causing, and has caused significan­t pollution of the environmen­t, and the Knysna Estuary and its respective aquatic and marine/coastal ecosystems, by failing to take reasonable measures to prevent such pollution from continuing or recurring.

“The current state of pollution within the Bigai River and the Knysna Estuary, as well as the inadequate sewerage infrastruc­ture and lack of maintenanc­e, is not only causing significan­t pollution of the environmen­t but may also impact negatively on the health and well-being of the public and the residents residing along Bigai River and the affected areas within the Knysna Estuary.”

Bredell said the first case of hepatitis has been recorded as a direct result of pollution of the Knysna Estuary.

Bredell said in light of the municipali­ty’s “persistent and ongoing failure to fulfil its executive obligation­s” the Provincial Executive “cannot abdicate its constituti­onal obligation to exercise oversight over the municipali­ty and allow these failures to continue unabated, merely because the municipali­ty fails to acknowledg­e the seriousnes­s of the problems, address the failures and plan appropriat­ely”.

 ?? ?? Anton Bredell, Western Cape MEC for Local Government, Environmen­tal Affairs and Developmen­t Planning
Anton Bredell, Western Cape MEC for Local Government, Environmen­tal Affairs and Developmen­t Planning
 ?? ?? A disgusting sprawling mess of rubbish in Knysna.
A disgusting sprawling mess of rubbish in Knysna.

Newspapers in Afrikaans

Newspapers from South Africa