eThekwini Ward 52 Petition

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Cooperative Governance and Traditional Affairs

31 July 2020
Chairperson: Ms F Muthambi (ANC)
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Meeting Summary

Video: Portfolio Committee on Cooperative Governance and Traditional Affairs, 13 July 2020

The eThekwini Municipality appeared before the Portfolio Committee in a virtual meeting to provide responses relating to the petitions presented by the communities of Ward 52, which raised 14 issues concerning housing, roads, drainage, the distribution of food parcels and complaints against the alleged rude behaviour of ward councillors.

The community had consistently expressed its dissatisfaction with the delays on the Pat Marshal/Bhambayi Extension housing project. They had complained that food parcels distributed under the municipality’s COVID-19 social relief programme were given only to well-known supporters of the ANC, instead of to the poor. The community had experienced challenges relating to the conduct of contractors appointed by the municipality, such as a contractor who had been tasked to install electricity but had suddenly left the site without notice. Another contractor had allegedly been under-paying workers who were members of the community.

The eThekwini Mayor and his team responded that the municipality was committed to providing effective service delivery. It had undertaken various road-related projects over the years, including the D403 road which serviced Wards 52, 53, 57 and 59. Consistent work was being done to ensure the implementation and maintenance of stormwater-related projects, as the municipality was particularly vulnerable to heavy rains and flooding. A dedicated team of engineers routinely managed the municipality’s drainage. The municipality reported detailed timelines for the projected completion dates for the housing projects in Bhambayi, Greater Amaoti and Brooksfarm.

The Committee asked the municipality what existing measures it had in place to facilitate better communication with the communities it served. It was particularly important to have effective consultative processes which allowed the municipality to share information and receive input from the community about the status of projects. Doing so allowed such issues to be resolved at a local level. Members asked how often it consulted with the community.

The municipality was asked what informed its spatial development planning, because there was insufficient information on the social infrastructure such as schools, clinics, and recreational centres being provided by the municipality. It was crucial that housing projects were implemented with this infrastructure in mind, in order to maintain a balance to the communities’ needs.

Members raised concern about the growing misuse of COVID-19 resources across the country. They asked if the municipality had received any allegations of wrongdoing, and what measures it had in place to ensure that such resources reached the intended beneficiaries.

On the way forward, the Chairperson said eThekwini had previously had been listed by COGTA as one of the dysfunctional municipalities. She asked Mayor Kaunda to provide the turnaround strategy of the municipality and a progress report. She thanked him for bringing forward his team, and said the Committee had a vested interest in the eThekwini Metro. The Committee would meet to devise a way forward following receipt of all the petitions.


 

Meeting report

The objective of the meeting was to receive the eThekwini Municipality’s responses to a petition from Ward 52. The Committee was told that the Chairperson was currently in another meeting, and would join the briefing at a later stage. In the interim, Mr B Hadebe (ANC) was nominated as Acting-Chairperson.

Councillor Mxolisi Kaunda, Mayor of eThekwini, was accompanied by a delegation from the South African Local Government Association (SALGA) and leadership from the municipality.

Presentation of Ward 52 Petitions

The discussion was led by Ms H Mkhaliphi (EFF), who was accompanied by various members from the Ward 52 community in Bhambayi, Emamba, Amaoti and Brooksfarm.

The main complaints presented by the community covered the following areas:

Housing
Roads
Drainage
Food parcels were given to well-known African National Congress members, and the poor did not receive any
Vouchers were only given to ANC members
Satellite primary health facility
Satellite police station facility
Electricity contractor left suddenly after installing electricity in 20 households, after a minimum of R14 million was paid to the contractor
The main contractor (GLX) underpaid members of the community
Multi-purpose centre worth R30 million
Ward committees having two wages
Only members of the ANC were employed in Bhambayi Ward 52
Only members of the ANC could be a sub-contractor if there was a project in Bhambayi Ward 52
Ward councillor Sthembiso Boxer Zulu was very rude and arrogant, putting himself first before the community

Progress report on Tafelkop homeless man

On 14 May, the Committee had raised concern about Mr Thulani Cele, who had appeared in the media due to lack of proper housing. In response, an investigation had been conducted by the eThekwini Municipality.

Mayor Kaunda reported to the Committee that Mr Cele had since been built a new home. This had been done in collaboration with the Themba Njilo Foundation and various entrepreneurs within the municipality. The house was fully connected with all basic services; water, free electricity and furniture. The house would officially be handed over to Mr Cele in two weeks.

eThekwini municipality response to petitions

Mr Lawrence Pato, Acting Deputy City Manager, Human Settlements, reported that the municipality currently had projects relating to Bhambayi housing, Greater Amaoti, Brooks Farm rectification housing and storm disaster. He presented a breakdown of the project status and timelines.

Bhambayi housing project

The Bhambayi housing project was divided into three phases: Pat Marshal/Bhambayi Phase 1 Extension (479 sites), Juba Blose (150 sites) and Bhambayi Phase 1 (973 sites). The project was currently in the planning stage.

A Stage 1 application was submitted to the Department of Human Settlements for the Pat Marshal /Bhambayi Phase 1 Extension. An assessment was received indicating outstanding information, including a socio-economic study. The resubmitted application was currently being assessed. The municipality expected that Stage 1 funding would be approved by August 2020.

A professional team was appointed to undertake scope of work to obtain Spatial Planning and Land Use Management Act approval. The municipality projected a 28 July approval date. The projected timeframe for tender preparation was August to September. Construction of houses was expected to begin in October 2021, and completion was projected at December 2023.

During planning, the municipality had discovered that a site within the project boundaries had been zoned and allocated for a school. On 17 March, the municipality had received a letter from the Department of Education granting approval for the utilisation of the land for human settlement purposes.

Juba Blose housing project

This project was currently undergoing the feasibility stage. A professional team had been appointed for this purpose. A portion of the land was owned by eThekwini municipality and the Gandhi Trust. The Trust had agreed to donate its portion of land for the project. Real Estate was currently facilitating the transfer of the land to the municipality. Environmental and planning approval was projected for December 2021.

Bhambayi Phase 1 Housing Project

Mr Pato reported that the project was currently in the close out stage, with 973 sites completed. However, due to encroachments, the layout had been amended for approval, and this had impacted the transfer of title deeds.

Greater Amoati Housing Project

This project aimed to yield approximately 20 000 housing units across Wards 52, 53, 56, 57, 59 and 102. The project was approved for Stage 1 planning in August 2018. A draft layout plan was projected for July 2020. This was one of the largest projects within the municipality, and had experienced several delays. The municipality was working together with the province to ensure the project was completed on time.

Brooks Farm Housing Project

The project had a planned total yield of 465 housing units, and 405 had been constructed. 55 beneficiaries had indicated that they were not willing to demolish existing houses which had been extended over the years. Therefore, these individuals would not benefit from the 40 m² units. They had been issued notice letters. Following a competitive recruitment process, Mr Mhlabunzima Gazu had been appointed as Community Liaison Officer to address the challenges and social issues arising from the project.

Mr Pato said that the arising issues were due to a shift in the standard for housing unit sizes, which had previously ranged between 150 m² and 200 m². This had presented challenges, because of the new layout standard of 40 m². Additionally, the National Home Builders Registration Council (NHBRC) regulations did not permit government to alter private structures, therefore warranting demolition in order for new houses to be built. Construction of the outstanding five units would commence in August 2020.

Storm Disaster Programme

eThekwini was prone to recurring storm disasters. A 2017 storm had affected 27 informal houses in Ward 52, and a contractor had been appointed to address the situation in February 2019. COVID-19 restrictions had impacted progress. The municipality anticipated the project would be completed by September.

A 2019 storm had affected eight informal houses, and an investigation was currently under way. Construction was anticipated to commence in August.

Electricity contractor

Mr Pato told Members that the contractor had left sites when the national lockdown and subsequent restrictions were announced. The contractor had indicated to the municipality that installation would resume on 3 August. The remaining houses were expected to be fully electrified within two months.

Road projects

Ms Beryl Mphakathi, Deputy City Manager: eThekwini Municipality, reported that the municipality had undertaken various road related projects over the years, which demonstrated a commitment towards improving such infrastructure. The most notable project had been the D403 road, which serviced Wards 52, 53, 57 and 59. The budget expenditure had been R20 358 311.

In response to the petitions raised by the Ward 52 community about the lack of road infrastructure, the municipality had planned road construction projects for the 2020/21- 2021/22 financial years. Preliminary designs had been completed and some projects within the North Community Infrastructure Programme were currently in the supply chain management (SCM) process. Another project was the Dudu Shangase Walk pedestrian bridge, which had an estimated value of R3 million. The municipality anticipated that implementation would begin in 2021/22. Continuous road maintenance was being performed on roads running through informal settlements.

In addition to road construction, the City was performing maintenance on bridges which had been destroyed by previous storm disasters.

The Acting Chairperson interjected, and asked when the storms had occurred.

Ms Mphakathi replied that three storms had occurred in October 2017, April 2019 and December 2019, which had significantly impacted the bridge. The City had previously intervened, and had completed an investigation on project designs that would ensure that the bridge could withstand future storms. Regular blading and re-gravelling was being done. The City was communicating closely with the ward councillor to ensure community petitions were addressed.

Stormwater upgrade and damage

The City had completed a total of 15 stormwater related projects since 2016. The municipality currently had two planned projects for the Ward 52 area in the current financial year, and implementation was projected to begin in August. A similar project had been planned for the extension of a stormwater pipe opposite Dube Village, but funding was yet to be secured following the budget cuts instituted in response to the COVID-19 pandemic. The estimated value of this project was R1.2 million. The City was continuing with the tendering process while it reconfigured funding plans.

The municipality had prioritised responding to stormwater related projects due to the impact seen at Inanda Newton Comprehensive High School, and the flooding of houses in the Bhambayi area. Bi-monthly inspections of waterways were being done to ensure drains were not blocked, but this had been impacted by the lockdown restrictions. Work would commence soon.

Electricity Contractor

The electrification project in Bhambayi had been temporarily suspended. The work had since been re-issued to the contractor, who would resume in the first week of August 2020.

The Acting Chairperson interjected, and asked the municipality to clarify why the contractor had stopped working, as the petition had indicated that this was done suddenly following the electrification of only 20 houses.

Ms Mphakathi responded that the head of electricity would address questions regarding this matter.

Underpayment of community by GLX contractor

The City strongly denounced the exploitation of community members. It had blacklisted a number of contractors through a formal committee, and championed by Mayor Kaunda. An investigation had been done into the GLX contractor, but the company could not be located within the City’s contract management system. The municipality was not aware of such a contractor, and had not allocated any work to it, according to its records.

The Acting Chairperson asked the City to confirm that the contractor was therefore not part of any project within Ward 52 as a main or sub-contractor.

Ms Mphakathi replied that GLX was not listed as a main contractor in respect of the petitions presented by Ward 52. The contractor did not appear in the City’s contract management system in relation to any projects currently undertaken in the area. Sub-contractors were not listed in this system, as they were selected by the main contractor.

The Acting Chairperson asked if GLX had been awarded any work outside of Ward 52.

Ms Mphakathi replied that the contractor had been awarded work outside of Ward 52. GLX had operated within the City, but these contracts had not been investigated as they did not pertain to the petitions presented by the community.

The Acting Chairperson interjected to say that he was making sure the City was responding directly to certain questions. He asked if GLX was undertaking any work within close proximity to Ward 52. He said it was possible that the petition was referencing work being done outside of the ward in which members of Ward 52 were involved. He asked to get a sense of the origin of the matter, in order to guide debate.

The ward councillor of Ward 52, Mr BM Zulu, indicated that the name of the contractor was misleading. He said there was currently a contractor doing road construction in the ward, but this contractor was GNS, and not GLX. This was why the GLX contractor could not be found in the City’s contract management system. He said this confusion may have resulted from a spelling error by the community members who had presented the petition.

The Acting Chairperson asked Ms Mphakathi if it was possible that a spelling error had been made.

Ms Mphakathi replied that this was a possibility, as the petition had been written by a community member. However, this mistake could have easily been corrected by the municipality, as they were fully aware of the companies contracted to do work.

The Acting Chairperson said it had been established that a spelling error had been made. If the City had more information on whether or not GNS had been underpaying employees, they should present it. If not, a follow-up would be required.

Clinics

Mayor Kaunda said there were facilities and mobile clinics being created to ensure people had access to primary health care. However, the Department of Health was experiencing financial constraints.

Satellite police stations

The South African Police Service (SAPS) had indicated that Bhambayi was covered by the Phoenix Police station and Inanda Police station. Bhambayi was approximately two kilometres from the Vela satellite police station and was easily accessible to community members. Several operational posts had been allocated to this police station. There were no plans to establish any new satellite police stations at the moment, but as funds became available, they would be allocated for the development of new posts to address Inanda’s prevalent crime.

Food parcels

At a previous Committee meeting, he had indicated that evidence had to be produced for allegations that ward councillors gave food parcels only to ANC members. The Office of the Speaker was responsible for overseeing the conduct of ward councillors, therefore such complaints had to be forwarded there with evidence. Mayor Kaunda said food parcels had been distributed across all 110 wards, regardless of party affiliation. This had been done collaboratively with Operation Sukuma Sakhe (OSS) teams, and therefore it was not the sole responsibility of ward councillors.

The Acting Chairperson interjected, and asked the Mayor to confirm that the food parcels had been distributed by ward councillors, together with OSS teams.

Mayor Kaunda responded that ward councillors had definitely been involved in distribution throughout the province. The municipality could not disarm representatives purposefully selected by the community. Proportional Representative (PR) councillors had petitioned to be involved in the distribution, but the municipality had gone against this decision, as it would have politicised the programme, as 70% of the wards were governed by the ANC. He appealed to community members to provide the names of those alleged to have favoured ANC supporters.

Ward Committees

Mayor Kaunda said nothing prevented ward committee members from taking on other roles because they were not employed by the municipality, and did not receive salaries or wages, but an honorarium.

Councillor Zulu

This matter had been escalated to the Speaker’s Office, and the allegations had not been proven. Community members would be given an opportunity to substantiate their claims, as Mr Zulu had refuted all allegations presented against him.

The Acting Chairperson indicated that Ms F Muthambi (ANC), Chairperson of the Committee, had joined the virtual platform and would lead the meeting moving forward.

The Chairperson thanked the Mayor and the municipality for providing a detailed account of its responses to the petition. This would allow the Committee to perform thorough oversight.

Contribution by Ward 52 members

Mr Mduduzi Hadebe, Secretary of the Project Steering Committee, said the responses given by the municipality had contained some errors. The community had consistently expressed that it was unhappy with the delays on the Pat Marshall project. The company initially contracted for the project had completed a full study and constructed a show house. After that, the municipality had appointed another company to do the very same work which had already been completed by the previous company. This had resulted in further delays. The community was confused why a new company (Vuvuma) had been appointed to perform tasks that had already been completed. He was not happy with the response given by the municipality. He had communicated with the Ward Councillor about the project, but had not received any satisfactory responses.

Contribution by Committee Member

Ms H Mkhaliphi (EFF) said she had previously told Mayor Kaunda that the Department of Housing in the eThekwini municipality did not have an open door policy. The petition indicated that the community had been writing letters since 2017 to no avail. The municipality had continuously not responded, which had prompted the community to pursue the petition route. She had also experienced similar issues, where municipal officials had not responded to her.

She thanked the Mayor for the detailed response, but the content was not what had been agreed upon. The province of KwaZulu-Natal was aware of the lack of communication with the residents of Brooks Farm. When the issues with the Brooks Farm began, the municipality and the community liaison officer (CLO) had visited the owner of one of the properties listed in the petition, and informed her that she had to demolish her house in order to construct the new house. The lady had obliged and demolished her home, following which the CLO had returned with the contracted company and told the homeowner the projected unit would not fit on her portion of land. Ms Mkhaliphi queried why measurements had not been taken prior to instructing the woman to demolish her home, which was being used as a family structure. The woman had been told she would no longer benefit from the new project, which she challenged because she had been instructed to demolish her home. The municipality had recently reached out to the woman to revoke its previous communications and had informed her that she would in fact have a housing unit constructed. She said that this was a clear demonstration of the poor communication within the municipality.

She said the CLO made emotional decisions and was not an advocate for the community’s needs. This was compounded by a lack of action on the part of the provincial Department of Housing, which had failed to address the issue.

She had tried to facilitate engagement between the community and municipality several times, but she had been removed from a thread of email communications by Mr Pato. It was unacceptable that the community had been pleading with the municipality for five years and that the matter had reached the Committee when it could have been resolved at a local level.

She said alternative measures should be considered for those community members who had refused to demolish their homes. These were structures which individuals had invested in improving over the years. The municipality had been inconsistent in its implementation of the project, because some households had benefited while retaining their pre-existing structures, while other families had been forced to demolish theirs. This was highly insensitive. A caring government would have come up with a compromise that allowed families that wanted to retain pre-existing structures to be provided with vouchers to purchase new building materials to make any necessary improvements.

Discussion

Ms G Opperman (DA) said that in March, President Ramaphosa had assured the public there would be no misappropriation of COVID-19 emergency funds. The President had repeatedly condemned the looting of funds. However, in the past three months the Committee had witnessed the looting of funds intended for the poorest in the country. The President had recently vowed that all funds spent fraudulently would be recovered. He had also delivered a proclamation authorising the Special Investigations Unit (SIU) to probe any allegation of improper conduct during the national state of disaster. She proposed that the Chairperson write a letter referring any allegations to be investigated by the SIU.

Ms P Xaba-Ntshaba (ANC) expressed the same concerns as Ms Mkhaliphi about the instruction given to community members to demolish their homes. She asked the municipality who had given this instruction, and said they should be directed to construct those houses with immediate effect. What had happened was an embarrassment to the leadership of the ANC government, and was an infringement of every individual’s right to shelter as enshrined by the Constitution.

Mr K Ceza (EFF) said housing challenges were prevalent across the country. The national disaster called for the de-densification of informal settlements. What interventions had the Mayor taken to de-densify Ward 52, given that it was largely comprised of informal settlements? If any had been taken, what criteria had been used to select houses?

If the media had not shown an interest in Mr Cele’s story, when would the City have built him a house? Although the City had done something good, the action appeared very disingenuous. He asked if the City had data on homeless individuals. How were these individuals being housed during the COVID-19 pandemic?

He said the Committee was aware that communities were scared of ANC councillors across the country. They were very arrogant in the way they treated people. Councillors did not have the capacity to rise above politics. The actions of the CLO were indicative of a country-wide issue of communities being intimated by councillors. There was evidence of councillors hoarding food parcels intended to benefit the whole community. He asked the municipality how many food parcels had been distributed. This was important, as the government was mandated to provide services in a manner that was equitable and without bias. The complaints of the community must be founded on some truth.

He said the spatial development for informal settlements was not very clear. There was insufficient information on social infrastructure, such as schools, clinics, recreational centres and community parks. Housing developments needed to be implemented while taking into account community social infrastructure.

Ms M Tlou (ANC) said the Mayor had responded well to the questions raised in the petition. She asked what he had done to correct the mistakes made by GNS road construction in underpaying employees.

She said the municipality had done well in distributing food parcels across wards. At times, people wanted to raise issues where there were none, and the Mayor’s response on who had been appointed to facilitate the distribution was perfect.

She asked the City if it had qualified personnel to undertake stormwater-related projects.

The Chairperson interjected to raise concern for the second time about a child who was audible in Ms Tlou’s audio. She asked Ms Tlou to attend to her grandchild, and give the Committee and participants the courtesy they deserved. She asked Ms Tlou to mute her microphone, and proceeded with other contributions.

Mr Hadebe said the Committee would be critical of Mayor Kaunda, because he represented their generation, so expectations of him would be high. Although the municipality had presented detailed responses to the petitions, he wondered if the community had been afforded the same opportunity to engage as sufficiently. He asked when last the municipality had appraised the community, prior to the lockdown restrictions. The regulation governing local government stipulated that ward councillors were expected to convene a community meeting at least once a quarter, and his question was predicated on this fact.

He asked what measures the municipality had in place to ensure that the community was informed during the lockdown period. This was crucial in preventing the escalation of challenges.

In his experience, a project steering committee was expected to serve as a link between the municipality and the community. It was meant to ensure that community members were consulted and regularly provided with information. Structures such as these committees and ward councillors were intended to provide the municipality with insight on what was occurring on the ground. What was the municipality doing to ensure that the committees were able to perform this task?

He thanked the municipality for the work they had done in constructing a house for Mr Cele. Although it had been done in response to the media attention the issue had garnered, it was still a job well done. In as much as the Committee was there to be critical, it would still give credit where credit was due.

The Chairperson commended Mayor Kaunda on the work done by the municipality. The Committee expected that community disputes should always be addressed. If this was done correctly, it would result in eThekwini’s prosperity.

Human Settlements’ response

Pat Marshal delays

Mr Pato said that although the municipality was not trying to justify the delays at the Pat Marshal site, these were part of the nature of such an extension project. On a positive note, the people on the ground had full information on the status of projects. Mr Mduduzi Hadebe was also fully aware of the progress that had been made and the nature of the project. He told Members that it was not unusual for contractors to be changed during the process of a project’s implementation -- this was something that regularly happened in the construction sector. He accepted that the municipality had encountered various challenges, such as the land parcel allocated for the construction of a school. However, as demonstrated in the presentation, the municipality expected to make more progress and had indicated this in the detailed timelines.

Steering committees and communication

Due to the December-January break and the declaration of the national lockdown, steering committees had not met as often as they had planned. However, steering committees tended to meet on a monthly basis to provide information to the community on the status of project implementation. The municipality was committed to transparency about information sharing, and had project facilitators who were responsible for communicating with community members and CLOs.

He acknowledged Ms Mkhaliphi’s concerns about the inconsistency in the municipality’s communication regarding the community member who was instructed to demolish her home and thereafter told she would not benefit from the project. He would conduct a further investigation to determine what had transpired. The municipality understood the importance of clear communication and how crucial it was to its success.

Electrification

Mr Pato indicated that the lockdown restrictions had impacted progress. Most contractors tended to establish themselves on site, following which momentum picked up. In this case, the contractor’s progress had been interrupted by the imposition of restrictions. The municipality and the ward councillor had communicated extensively about resuming the contractor’s work, following the easing of lockdown measures. Certain logistics had to be re-established following the suspension of the project. As indicated in the presentation, work would resume shortly and was expected to be completed within the next two months.

Spatial Development

The municipality had an area-based focused approach to infrastructure development, as demonstrated in the Phoenix, Inanda, Ntuzuma and KwaMashu (PINK) areas. The municipality focused not only on housing development, but also looked at critical development such as multi-purpose centres and public transport corridors which benefited the community. The municipality used whatever resources were made available through the Urban Settlements Development Grant (USDG) and council funding to provide incremental services. Spatial development was done in accordance with the Spatial Planning and Land Use Management Act (SPLUMA), and the City was aware of the additional infrastructure it needed to incorporate when providing housing. It also consulted with the provincial government to ensure that balance was achieved with social and recreational infrastructure. Although it may not always get it right, there were always concerted efforts made.

Underpayment of employees

After consulting with the team, the Deputy City Manager confirmed that GNS was an appointed contractor for road construction, but there was no confirmation of the alleged exploitation of community members. The contractor had been paid 80% of its fee, and had reported fair compensation for employees. The City would further investigate the matter to provide a more substantive response.

Stormwater

The City had a fully-fledged unit comprised of approximately 4 000 engineers, some of whom had specific expertise on stormwater-related projects and maintenance. All projects were managed through appropriate technical policies, and maintenance was done through a proactive approach. eThekwini was a coastal city, and was therefore frequently affected by storms and heavy rains. It had appropriate expertise for this purpose, and also relied on the assistance of community members to reflect what was happening on the ground in order to respond accordingly.

Mayor Kaunda’s response

The Mayor thanked the community of Ward 52 and Committee Members for all of their contributions -- these would be taken into account when implementing all the programmes. He said the tenets of democracy regarding accountability and transparency were paramount to how the municipality executed its mandate.

Food parcels

eThekwini was among the few municipalities which had been proactive in the introduction of food parcels before the process of distribution began. When the programme was launched, the City had engaged with a variety of radio and television media outlets in order to establish transparency from the onset. This decision had been made intentionally, to ensure that no one confused the programme with other programmes run by non-governmental organisations (NGOs) and private institutions. The food programme was intended to benefit those who would be particularly vulnerable to the impact of the COVID-19 national lockdown, such as the elderly, child-headed households and those who could not go to work, amongst others. Therefore, all members of the eThekwini community should be fully aware of the criteria which were adopted for the distribution of food parcels. Unfortunately the criteria did not indicate which political party recipient individuals were associated with, so the Mayor could not give data in that regard.

The challenge previously highlighted was that the municipality could provide only a limited number of food parcels per ward, which meant that a significant number of households would not benefit from the programme. He indicated that only 1 000 food parcels could be distributed in a community of 15 000. The City had communicated through a circular that ward councillors needed to specifically target the most poor and vulnerable. The criteria were very clear on who should be targeted. All ward councillors and OSS team members had been instructed to ensure that all recipients of food parcels provided their name, identity document (ID) number, address and signature confirming they had received a package. The municipality had started the process of making random calls to listed recipients to determine areas where an investigation may be necessary. Any evidence of maladministration of the programme had to be directed to the Speaker’s Office. Anyone found guilty of manipulating the process would be charged. Mayor Kaunda reiterated that there was nothing unbecoming about the use of ward councillors in this process, as they had been democratically elected by the community.

Construction of home for Mr Cele

Mayor Kaunda reminded MPs that when Mr Cele’s case was initially introduced to him, he had indicated that he had not been aware of the issue. He had subsequently launched an investigation which had resulted in the municipality constructing the home. Therefore, the municipality could not be questioned on why it did not intervene earlier, because at the time he had no knowledge of the problem. The municipality had developed a comprehensive intervention concerning homelessness, under which it had opened 12 shelters where the homeless were fed three meals a day. The intervention also included a drug rehabilitation programme which had contributed towards numerous individuals being reintegrated into their communities and families. A certain participant had graduated from the programme and been able to find meaningful employment. The municipality had taken a proactive stance on intervening in homelessness, and he was convinced that the programme had had a significant impact on participants and had yielded positive results as far as crime reduction was concerned.

Community consultation

The municipality met with communities on a monthly basis. It had a strategy which ensured that at least 24 wards were visited each month. Unfortunately, this programme had been disrupted by the COVID-19 pandemic. The municipality was fully committed to bringing government directly to the people, and had adopted a proactive approach that required executives to visit communities to see what was happening on the ground and to provide appropriate interventions. He said Ms Mkhaliphi was well aware that Mr Zulu was one of the few ward councillors committed to convening public meetings.
 
Steering committees

The Mayor said that all members of steering committees were given the necessary training prior to assuming their roles. However, individual behavioural patterns could not be determined by the municipality, which then required communities to proactively refer any complaints to the municipality.

Follow-up questions

Ms Mkhaliphi said although she and the Mayor had worked alongside each other in the past, this did not mean he was doing all the work he was expected to do. In a previous Committee engagement, she had indicated to him that she was raising certain issues in the hope that they could be resolved. Following this, he had not responded to any of her phone calls. She said the majority of the issues being presented could have been resolved through other means. The report provided by the municipality presented a different impression of what was happening in Bhambayi, where there was no communication with the community. Therefore, the municipality needed to try harder to ensure that the community did not resolve to protesting. She requested to have a meeting with the Mayor outside of COGTA.

She said the issue of Brooks Farm had not been addressed.

The Chairperson interjected, and said Ms Mkhaliphi was creating issues by continuously requesting additional meetings outside of COGTA.

Ms Mkhaliphi said the reason she was requesting these meetings was because the issues being discussed could easily have been resolved at a local level.

She said a there was a particular resident of Ward 52 who had not received a food parcel and consistently went hungry. She had provided the municipality with their details, and had assigned them to address the issue. She would follow-up on the matter.

She said the presentation on the stormwater projects was reflective of all of eThekwini, and failed to address specific challenges faced on the ground. For example, the residents of Ward 43 had had to resort to finding a private company to fix a burst pipe after the municipality had failed to address their concerns. The stormwater drainage at Brooks Farm was continuously leaking, creating an unhealthy environment for its residents.

She refuted the report given by Mr Pato, claiming that some of the spaces at Brooks Farm were inadequate for the planned housing units. She said the community should not be punished for not having plots big enough to accommodate the proposed units. Alternative plans should be adopted to ensure that all members would benefit in some way, even if it meant building upwards or providing vouchers for the purchase of material to improve pre-existing structures.

She complained that the Mayor had not provided a response regarding the CLO, Mr Gazu, who reportedly had a terrible attitude towards the community. She questioned the integrity of the hiring process, given the attitude Mr Gazu had displayed. The Mayor needed to address the issues raised against the councillor.

She had sent an email and had copied Mr Pato, requesting a meeting to resolve the issues related to Brooks Farm. When Mr Pato responded, he had taken her out of the communication. She questioned how well an official would respond to the petitions of community members if they fail to respect a public representative. It was important to clearly define the way forward for the issues which had been articulated.

The Chairperson said outstanding contributions should be succinct because of time constraints.

Mr Ceza said the behavioural patterns of representatives gravely impacted the communities, so this must be addressed by the Department of Cooperative Governance and Traditional Affairs (COGTA). During an exchange programme in Cuba, officials had undergone extensive training and were interrogated on their motives for taking public office, to establish if they were mentally, emotionally and psychologically ready to assume such responsibility. This ensured that officials were sensitive to the needs of those they represented. He suggested the municipality consider a similar exercise.

He proposed that a task team between the municipality, Members and community members be established to address the issues in Bhambayi and Brooks Farm. This would facilitate better communication between all the parties involved.

Ms Xaba thanked the Mayor for listening to the calls of Members and for providing an immediate intervention in Mr Cele’s case. She said the Mayor had done a good job.

Ms Tlou apologised for the disruption previously caused by her grandchild. She thanked the Mayor and his team for their commitment to accountability and serving the community. She asked what other allowances would be made for families that had refused the 40m² units.

The Chairperson asked Mayor Kaunda to provide a progress report on how the municipality was dealing with those who were occupying land illegally, and forced evictions, as these were human rights issues. She said a particular video on this matter had been shared in the COGTA WhatsApp group, and this would be sent to the Mayor for his response.

She agreed that ward councillors were democratically elected representatives, and had the right to be included in social relief programmes. However, for the assurance that there were currently no cases of misbehaviour as far as the food distribution programme was concerned, what systems and mechanisms did the municipality have in place to ensure that COVID-19 resources reached the intended beneficiaries?

Mayor Kaunda’s response

Mayor Kaunda said that in addition to hosting consultative meetings, the municipality used various social media platforms to communicate with the community. He assured Members that the municipality had an active Human Settlements and Infrastructure Committee, which conducted regular visits to communities. Any outstanding issues would be forwarded to this Committee, and Members would be updated on any progress made. The turnaround plans and timelines presented were as a result of consultations with officials.

Responding to Ms Mkhaliphi, he said he had not been avoiding her phone calls, but was often committed to numerous meetings throughout the day. He apologised if this had created the impression that he was intentionally avoiding her.

He said the showhouse that had been constructed was in fact an emergency house intended to accommodate those with immediate needs resulting from storm surges. The municipality had asked a relevant Department of Housing official to investigate the allegations against CLO Mr Gazu, as he was not in a position to institute any disciplinary action. However, this could happen only once evidence was provided to confirm that all the allegations were founded on truth. The Department had indicated that it had not received or seen any evidence of wrongdoing.

He assured Members that the municipality would follow-up on any outstanding issues.

Closing remarks

The Chairperson said eThekwini had previously had been listed by COGTA as one of the dysfunctional municipalities. She asked Mayor Kaunda to provide the turnaround strategy of the municipality and a progress report. She thanked him for bringing forward his team, and said the Committee had a vested interest in the eThekwini Metro.

She said COGTA would meet privately as a Committee to devise a way forward following receipt of all the petitions.

The meeting was adjourned.








 

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