People's Assembly

Groenewald, Mr IM question

(1)Whether, in light of the fact that in terms of section 73 of the Local Government: Municipal Structures Act, Act 117 of 1998, municipalities must establish ward committees within 120 days after a local government election, any municipalities failed to comply with the specified provision; if not, what is the position in this regard; if so, (a) which municipalities failed to comply and (b) what are the reasons for their non-compliance; (2) whether the specified municipalities that failed to comply, rectified it after the 120 day-provision to date; if not, why not; if so, what are the relevant details; (3) whether she will make a statement on the matter?

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Minister of Cooperative Governance and Traditional Affairs answer

1. (a) In terms of Section 73 (1A) (a) of the Local Government Municipal Structures Amendment Act, if a metropolitan or local council is unable to establish a ward committee or ward committees in accordance with subsection (1), the speaker must, prior to the expiry of the 120 days after the elections, in writing and on good cause shown, request the MEC, responsible for local government in the province concerned, for an extension. Municipalities that could not meet the deadline have been guided to request extensions from their respective MECs to ensure compliance. The following municipalities did not meet the deadline:

PROVINCE	DISTRICT	MUNICIPALITY	NUMBER OF WARDS
EASTERN CAPE	Nelson Mandela Bay	60
	Chris Hani	Sakhisizwe LM	9
	Alfred Nzo	Umzimbuvu LM	27
		Sundays River Valley LM	8
	Sara Baartman	Kou - Kamma LM	6
		Kouga LM	15
		Ndlambe LM	10
		Makana LM	14
		Dr Beyer's Naude LM	14
		Blue Crane LM	6

FREE STATE	Mangaung Metro	51
	Lejweleputswa	Tokologo LM	7
	Thabo Mofutsanyana	Mantsopa LM	9
		Maluti A Phofung LM	35
		Setsoto LM	17
	Xhariep	Kopanong LM	9
		Mohokare LM	7

GAUTENG	City of Johannesburg	135
	City of Tshwane	107
	West Rand District	Merafong LM	28

KWAZULU-NATAL	Umzinyathi	Umvoti LM	14

MPUMALANGA	Gert Sibande	Lekwa LM	15

NORTHERN CAPE	Frances Baard	Dikgatlong LM	8
		Phokwane LM	10
	ZF Mgcawu	Kai Garib LM	10
		Tsantsabane LM	7
	Pixley ka Seme	Thembelihle LM	6
		Kareeberg LM	6
		Renosterberg LM	5
		Siyathemba LM	6

NORTH WEST	Dr Kenneth Kaunda	Maquassi Hills LM	11
	Bojanala	Moretele LM	26
		Moses Kotane LM	34

WESTERN CAPE	Cape Winelands	Witzenberg LM	12
	Eden	Oudtshoorn LM	13
TOTAL	13	35	743

(b) The reasons for non-compliance or not being able to meet the 120 days deadlines by certain municipalities were due to the late constitution of some municipal councils, especially in hung municipalities, non-adopted public participation and ward committee establishment policies, disputes lodged by communities as well as human resource changes experienced in the Offices of the Speaker.

(2) Yes, some municipalities failed to comply requested extensions and were granted such by their respective MECs. These municipalities are proceeding with the establishment of ward committees.

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2022-w1214 - 22 April 2022