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FOR ORAL REPLY
NATIONAL COUNCIL OF PROVINCES
PARLIAMENTARY QUESTION NO PQ 144 (112*)
Mr M Chetty (DA-KZN) to ask the Minister of Cooperative Governance and
Traditional Affairs: [(112]
By province, what municipalities are currently under administration in
terms of Section 139(1)(a), (b) or (c) of the Constitution?
REPLY:
1(a) Regarding section 139(1)(a) of the Constitution, Indaka Local
Municipality in KwaZulu-Natal is the only municipality that is
currently under an intervention by means of a directive issued in
terms of this section. This directive was issued as a form of an exit
strategy after a long-standing intervention in terms of section
139(1)(b) in this municipality was revoked in December 2013, in order
to give effect to the recommendations contained in the close-out
report compiled in respect of that section 139(1)(b) intervention.
1(b) There are ten municipalities in four provinces that are under section
139(1)(b) of the Constitution, in which the provincial executives
concerned have assumed responsibility for the relevant obligation or
obligations that the municipalities failed to fulfill. There are four
such municipalities in KwaZulu-Natal, namely: Mtubatuba, Imbabazane,
Abaqulusi and Umvoti local municipalities. Mpumalanga has two of these
municipalities, and they are Emalahleni and Bushbuckridge local
municipalities. Another two such municipalities, Ditsobotla and
Matlosana local municipalities, are found in the North West, while the
Eastern Cape has recently invoked the provisions of this section in
Makana Local Municipality.
1(c) In September 2014, KwaZulu-Natal, North West and Eastern Cape have
also each invoked the provisions of section 139(1)(c) of the
Constitution in Mpofana Local Municipality, Ngaka Modiri Molema
District Municipality and Inkwanca Local Municipality, respectively.
This means that there are three municipalities which currently have
their municipal councils dissolved and administrators appointed to
administer their affairs until newly elected municipal councils have
been declared elected.
2 Apart from the above interventions, there are three additional
municipalities that are under discretionary financial interventions in
terms of section 136(2) of the Municipal Finance Management Act, read
with section 139(1) of the Constitution, which are not covered by
Honourable Chettyâs question. They are Umzinyathi, Uthukela and Ugu
district municipalities, all in KwaZulu-Natal. This makes the total
number of municipalities that are currently subjected to interventions
in terms of different provisions of section 139 of the Constitution to
be sixteen.