Hon Deputy Chairperson and hon members, the 2016 local government elections resulted in Abaqulusi Local municipality becoming a hung Municipal Council with 44 seats spread among our political parties; the ANC 21, IFP 19, DA 3 and EFF 1.
In March 2013, the municipality was placed under constitutional intervention by the KwaZulu-Natal Provincial Executive Council for failing to carry out its executive functions, which the Executive Council subsequently assumed as required in terms of sections 51, 54(a) and 56 of the Local Government Municipal Systems Act. This intervention was terminated in January 2015 based on the progress then realised in the implementation of an approved recovery plan.
Allow me to go to the committee observations and opinions. In terms of the constitutional and procedural matters, the select committee has observed that the national Minister of Co-operative Governance and Traditional Affairs, the NCOP, the KwaZulu-Natal provincial legislature and the municipality have been notified of the intervention including substantive aspects. It has also noted the concerns of stakeholders
regarding lack of security and involvement of senior management of the municipality in business as well as lack of disclosure.
The select committee accordingly recommends that: the NCOP approves the intervention in Abaqulusi Local Municipality in terms of section 139(1)(b) of the Constitution of the Republic; the administrator fast- tracks the process of implementing the municipal turn around plan in accordance with the terms of reference approved by the Provincial Executive Council in KwaZulu-Natal; the administrator provides progress reports on the allegations of senior managers doing business with the municipality and ensure the implementation of consequent management; and the KwaZulu-Natal MEC for CoGTA tables quarterly progress reports to the NCOP on the status of the intervention in the municipality, including challenges encountered in the course of intervention and implementation of the turn around.
The Select Committee on Co-operative Governance and Traditional Affairs, in co-operation with the relevant portfolio Committee in the KwaZulu-Natal provincial legislature conducts a follow-up oversight visit to the municipality after the 2019 national and provincial elections in order to evaluate progress made in the municipality's turn around implementation efforts.
Deputy Chairperson, allow me to go to Endumeni Municipality. Hon Deputy Chairperson and hon members of the National Council of Provinces, Endumeni Local Municipality in KwaZulu-Natal is one of the hung municipalities in this province with a total number of 13 councillors. For a period of 12 months, the municipality had some degree of instability, which affected its functionality, especially at the municipal political and administrative leadership levels. Moreover, the municipality is financially nonviable and weak with poor governance and lapses in service delivery implementation.
The select committee has observed that the national Minister for Co- operative Governance and Traditional Affairs, NCOP, KwaZulu-Natal Provincial Executive Council and Endumeni Local Municipality have been notified of the intervention as well as the substantive issues relating to the need to invoke section 139(1)(b) of the Constitution.
Equally, the select committee noted the concerns raised by the different stakeholders on the high levels of corruption, incitement of municipal employees to embark on strike and protests. It further noted with concern the allegation of nonco-operation by senior officials of the municipality with the audit team of the Office of the Auditor- General and the unacceptable practice of councillors unlawfully engaging in business with the municipality as well as their influence,
participation and meddling with municipal tender and adjudication processes.
The NCOP approves the intervention at Endumeni Local Municipality in terms of section 139(1)(b) of the Constitution; the administrator fast- tracks the process of implementing the municipal turn around plan in accordance with the terms of reference assigned by the KwaZulu-Natal Provincial MEC for Co-operative Governance and Traditional Affairs; the administrator ensures the implementation of the Forensic Investigation Report conducted in terms of section 106 of the Local Government Municipal Systems Act 32 of 2000; the KwaZulu-Natal MEC for Co- operative Governance tables quarterly progress report to the NCOP select committee on the status of this intervention in the municipality as well as reflections on the challenges encountered in the course of implementation of the approved turn around plan per its terms of reference.
Deputy Chairperson, I table this Report.
Declarations of vote:
Deputy Chair, I just want to make sure that the declaration is on Third Order? There were two reports read. I am only declaring on one order.
Yes. He read the Third and the Fourth Order. Now we are voting on the Third Order.
Hon Deputy Chairperson, hon members and fellow South Africans, the Western Cape does not support the section 139(1)(b) intervention in the Abaqulusi Local Municipality in KwaZulu-Natal for the following reasons: the Legacy Report from the Fourth Parliament to the Fifth Parliament raised a serious concern that section 139 interventions were used to settle political scores as opposed to administrative failings.
Abaqulusi is an example of this concern as the MEC of KwaZulu-Natal is abusing his authority because Abaqulusi is run by a coalition of opposition parties. Since the coalition government took over, their debt book has been reduced; revenue collection has increased from 42% to 90%; a 100% of the Municipal Infrastructure Grant, MIG, funding has been spent as opposed to previous rollovers; section 56 and 57 managers
have been appointed; and the Eskom debt has been reduced from R86 million to R36 million.
The ANC has tried to collect the full Council sitting due to a quorum misinterpretation by the MEC. It is important to note that all stakeholders objected to the intervention at the oversight meeting. Both the Offices of the Chair and the Chief Whip of the NCOP must also accept responsibility ... although they aren't here ... as only one member of the select committee from the ANC attended the oversight. And when the ANC members failed to attend the meeting, hon Cathy Dlamini was rather haphazardly sworn in to ensure this irregular recommendation be adopted.
The Western Cape objects to the intervention and calls upon the Minister of Co-operative Governance and Traditional Affairs, Dr Zweli Mkhize to investigate the actions of the MEC, Nomusa Dube-Ncube. I thank you
Is there ... Order! Maybe just to remind members in terms of ... there is a ruling that was made. I don't need to make another ruling. A ruling was made in so far as the decorum of the House is concerned. It was presented in the House that the usage
of the word 'shame' by members to other members is unparliamentary. May we please refrain from using the word? Go and read your rulings ma'am.
Order, hon members, the Eastern Cape ... Yes, you may continue.
Sekela Sihlalo, ndiphakamela ukuchaza ukuba le ngxelo ithiwa thaca apha phambi kwethu ayinanto nakwenza nale nto ithethwa lela lungu leDA. Phaya kuMasipala weNgingqi waseBaqulusini...
... when we go for section 139 we had a report from the Auditor- General.
Ingxaki esinayo yeyokuba kukho aba bantu sihamba nabo bathi, "mhla ndaphatha".
On a point of order.
Hon Engelbrecht, this is a declaration of a province. Hon Wana stood up on behalf of the Eastern Cape and not as a member of the committee or a delegation. Thank you
very much. Hon member, can you proceed. Are you rising on what I have ruled just now?
Deputy Chairperson, yes.
Are you challenging my ruling?
No, Deputy Chair, I am standing on a point of order.
What is your point of order?
That this member wasn't even there even though she is a member of the committee. She wasn't even present. She wasn't even there at the oversight.
You are out of order, hon member. Can you please take ... [Interjections.] ... we don't have to behave in a manner that we are behaving. It is not assisting anybody even if you want to play to the gallery. The issue is very simple, hon members. We are dealing with a declaration on a report. I have made it very clear that I am allowing provinces to make declarations of vote. Western Cape did it. Eastern Cape is on the floor not members of the committee. [Interjections.] Hon House Chair!
Hon Deputy Chairperson of the NCOP, it is a very important point. It will probably assist us. We know it is the last day. I want to bring to the attention of the House that when we were attentively listening to hon Labuschagne, it is because we were observing the decorum of the House. She also not a member of that committee but she was rightly doing the declaration on behalf of the province. Also, hon Wana must be respected as we have respected hon Labuschagne. That's my submission, Deputy Chair.
Continue, hon Wana or Eastern Cape
- not hon Wana.
Sekela Sihlalo, kulusizi ukuhlala nabeLungu abangasaziyo isiLungu. [Kwahlekwa.] Apha sinengxelo yophicotho zincwadi ethi makuhanjwe kuyiwe kuMasipala weNgingqi waseBaqulusi ukuze senze le nto yeSolotya we- 139(1)(b). Le nto ndiyithetha apha ndinawo amaxwebhu asisikhokelo ngendlela imali esetyenziswa ngayo naxa iinkonzo zingayiyo ebantwini. Xa ucela ukuba kusetyenziswe eli Solotya sukube ufuna ukuba...
Deputy Chairperson, I do apologise but unfortunately I don't understand the vernacular and unfortunately I don't hear anything on this. Can I ask for interpretation please?
Hon members, order! [Interjections.]
I think we are allowed 11 languages.
Hon members, order! Firstly, the reference is wrong - the word vernacular. It is a language that the member spoke. She spoke in IsiXhosa not particularly vernacular; secondly, can I please ask the technical staff and interpreting to be on your feet with regard to interpreting.
Is there anybody who can assist me with channels? Hon member, Engelbrecht, there is assistance, it is channel three.
USEKELA SIHLALO WENCOP: Ungaqhuba ke mama uWana.
Sekela Sihlalo, uphicotho zincwadi zibonakalisa ukuba imali ebiyobelwe uMasipala weNgingqi waseBaqulusi...
Hon Wana, hold it, hon Engelbrecht is it the same problem?
Deputy Chairperson, yes, I am on maximum volume and unfortunately I can hear no interpretation in this language.
No, that's fine. I asked if it is the same problem. Fine, you raised the issue that it is the same problem ... [Interjections.]
Can I suggest we have a break, Deputy Chairperson.
Can I address your problem? Can you take your seat, ma'am? I am addressing your problem. And your problem is a question of interpreting and the feed from that channel. Isn't it so? And if that is the problem, can somebody assist this House in so far as ... don't worry hon Wana, your time is not affected. Table staff, can you assist me with this problem so that she doesn't come up repeatedly.
Hon members, whilst this thing is being looked into, check channel one
... Interpreting, can you please interpret on channel one? Can all
members just check if channel one is functioning? So, you can hear me in IsiXhosa, IsiZulu and ... fine.
Channel two ... hon members, you are not assisting the process by behaving in this way. Channel two ... you must press the channel that interprets in English. Channel two ... I am told that channel one is Afrikaans. [Interjections.] Channel two is English. Now, let's just confirm that so that ...
... ga ke dule ka bothata bo re nang le bona gone jaanong jana.
Channel one ... are you getting interpretation, hon member? Channel two
... [Interjections.] ... thank you very much. It is fine, that problem is then solved. Can we proceed with the business of the day? Hon Wana, can you continue with the declaration of the vote. Is it the same problem? [Interjections.] What point is that?
Deputy Chairperson, no, with due respect, I miss hon Motara so much. I confuse her. Is she from the Free State or Gauteng?
No, that's not a point of order.
The nice thing is that she sits next to honourable ... [Inaudible.]
Hon member, you are now out of order. You are disrupting the proceedings.
Can we allow the Eastern Cape to continue with their declaration?
... ayisetyenziswanga kakuhle kwaye neemfuno zabantu azizalisekwanga kakuhle. Yiyo loo nto ekubonkala ukuba makuyiwe kweli Solotya le-139(1)(b) ukulungisa izinto ezingqamane nochitho-mali nokuba abantu baseBaqulusini bafumane iimfuno zabo. Kaloku i-ANC yathi oomasipala bakufutshane ukunceda iimfuno zabantu abahluphekayo basezilalini.
Ayindothusi ke le nto Sekela Sihlalo, kuba apha safikela ebantwini abangabafuniyo abantu basezilalini ntonje bafuna bafuna ukubenza iileli zokunyuka ngabo. Bafuna ukusoloko behleli kwezi zitulo kuba ukucinizela
abantu lulonwabo kubo. Ngaloo mazwi siyavumelana nengxelo kwaneengcebiso ezithi aba bantu mabancedwe.
Thank you very much, hon member. Eastern Cape, your time has expired. Is there any province that wishes to make a declaration?
On a point of order, with due respect to you. I don't mean to disrupt the House whatsoever. You, sitting in that chair, will know as well as I do that that was under no circumstances a declaration, instead it was all a political rhetoric. Correct the member, please. She is out of order.
Hon member, we took a declaration of the Eastern Cape. Is there any province that wishes to make a declaration? KwaZulu-Natal?
Hon Deputy Chair, KwaZulu-Natal is committed to fighting crime and corruption, to service delivery and to the needs of the people in the province. Wherever there are any instances that affect service delivery or be it governance matters or be it municipality or entities that are meant to deliver to the people, the ANC-led government of the province of KwaZulu-Natal doesn't hesitate to
take action. This is a justifiable action when municipalities fail to deliver to the expectations of the people and the aspirations of the people.
Therefore as the KwaZulu-Natal province, representing the people of the province and the government, we support the interventions for as long as these interventions will bring the good that the people want and deserve. We do so because we are in compliance with the Constitution ... [Applause] ... that empowers the government of each province to do so - to take action when it is supposed to do. Thank you Deputy Chair. We support the intervention. [Applause.]
Is there another province that wishes to make a declaration? In the absence of any, we shall then proceed with the voting.
Question put: That the Report be adopted.