Daily Archives: February 11, 2014

NWest Exco places Madibeng under administration


established a task team to assess the performance of Madibeng Local Municipality as a follow through to the collapsed section 154 intervention wishes to announce that it has after considering a report of the task team observed that:

The council has failed to fulfil its legislative and executive obligations in terms of the law by not reining in office bearers and or senior management to fulfil what is required in terms of local government legislation.

It is also evident that the council is dysfunctional as there are conflicts within council (those who are for and against implementation of the minister’s report).

Thus the council has abdicated its executive responsibility to ensure fulfilment of the legislative obligation. In this regard, this justifies the invocation of section 139(1)(b) of the Constitution. 

This therefore has called on the provincial executive to take responsibility of all executive powers of the council. This relates to the executive powers as prescribed in section 56 of the Local Government Municipal Structures Act in respect of the functions and powers of the Executive Mayor. This will also apply to the functions and powers of the Executive Mayor and the Mayoral Committee as it is appointed by the Executive Mayor and the Mayor delegates some of the executive powers to such members.

Consequently, the provincial executive council will henceforth assume the executive obligations and responsibilities as mandated to the Municipal Manager by Section 55 of the Local Government Municipal Systems Act, Act 32 of 2000 as well as the powers and functions allocated to the Executive Mayor in terms of section 56 of the Local Government Municipal Structures Act and vests same in the administrator.

In terms of the intervention, the council of Madibeng Local Municipality will still remain in existence but with limited powers.

The council will only exercise its powers in relation to adoption of the annual Integrated Development Plan (IDP) and budget, adoption of by-laws and policies and any other matter that might be introduced by the administrator in consultation with the provincial government (Exco).

Blake Mosley-Lefatola who is a former Head of Department for the North West Provincial Department of Local Government & Housing(1996-2003), former City Manager of Tshwane and also served as a Commissioner of the Fiscal and Finance Committee will however, oversee and guide the processes in relation to the aforementioned responsibilities.

Lefatola who established an alternative service delivery model at the City of Tshwane and assisted in implementing a turnaround strategy for the Ekurhuleni municipality during 2009 will lead a team of experts appointed by the provincial executive to take over and execute all executive functions and powers of the municipal council and report to the Provincial Exco.

The Administrator has strong leadership and managerial capabilities developed over a period of approximately 27 years working experience, sixteen years of which were gained in the public sector –specifically at the Provincial and Local Sphere of government and parastatals.

He has extensive change management, people and conflict resolution skills, negotiation skills and also played a pivotal role in establishing a decentralised Service Administration of the City of Johannesburg Region 7 during the Re-engineering of the City of Joburg in 2001.

Over and above taking over of Executive powers of council as administrator, Lefatola  will also assume responsibility of the entire administration in the Madibeng Local Municipality in accordance with Section 55 of the Municipal Systems Act of 2000 as from today Monday 10 February 2014.

The period for the intervention will be for a minimum period of six months and a maximum of 12 months to ensure that there is total stability in the municipality, both at council and administration levels.

The terms of reference for the Administrator and team of experts to be deployed within the municipality among other be to:

∙Appoint  of an Acting Municipal Manager outside the current municipal personnel with immediate effect.

∙Implement the recommendation of the minister’s reports, and previous administrator’s reports∙         Improve service delivery in Madibeng, prioritising water and sanitation services( this should include facilitation of new projects, unblocking of old projects and maintenance of infrastructure and cleaning)

∙Financial management ,improving the financial controls in the municipality, expenditure management, procurement processes, revenue enhancement and debt collection as well as addressing Auditor General’s reports and to ensure compliance with the Municipal Finance Management Act.

∙Analysis and implementation of recommendations of past and  current investigations ,commissions of enquiry and forensic audits, i.e. the Gobodo report, De Swart Vogel Myambo Attorneys report and current investigations by the Special Investigations Unit(SIU).This includes taking decisive action against implicated individuals.

∙Attend to labour matters in the municipality such as outstanding disciplinary cases. labour disputes, functionality of   Local Labour Forum, instil culture of work and discipline of workers.

∙Facilitate the improvement of governance within council.

∙Conclude the disciplinary case of the previously suspended and reinstated managers , i.e develop charges and commence with disciplinary processes.

∙Investigate all recently awarded contracts to establish validity and legitimacy thereof and terminate those that are not legitimate.

∙Ensure that criminal proceedings are finalised against any suspected officials or councillors and service providers implicated. In conclusion, we appeal to our communities to exercise restraint and not to disrupt the momentum of the intervention which is aimed at ridding this municipality of fraud and corruption and turning it around so that delivery of services is accelerated.-TDN
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For the DA’ sake, Zille must step down


Eusebius McKaizer says Helen Zille is starting to damage her own brand and should step down for the sake of the Democratic Alliance, in this extract from Could I vote DA?

To be honest, I feel sorry for Helen Zille sometimes. Specifically as leader of the DA she must feel a bit like she’s stuck in the Hotel California: you can check out anytime you want, but you can never leave. There is no one who can currently replace her, and so even though she has been willing to step down as party leader, senior leaders would have none of it, including some of those who do not always agree with all of her strategic calls.
For more http://www.iol.co.za

You can stil register- Presidency


Johannesburg – The presidency on Monday urged eligible voters who missed the final voter registration weekend to register at the Independent Electoral Commission’s (IEC) offices in all municipalities.

“South Africans must apply for registration on or before the day that the upcoming election date is proclaimed [published in the Government Gazette] by the president, after which the voters’ roll is closed for that specific election,” spokesperson Mac Maharaj said in a statement.

“No date has been set as when the proclamation will be issued and gazetted but it is expected that this will happen before the end of February 2014.”
He said eligible voters should make an appointment to apply for registration at their local IEC branch during office hours.

The presidency had received enquiries from people who still wanted to register, he said.

“By law, they must apply in person [no online or e-mail registrations are permitted].”

On Sunday, the IEC said more than one million people registered to vote over the final registration weekend.

“It is estimated that yesterday [Saturday] there was total registration activity of about 1.2 million across the country,” spokesperson Kate Bapela said at the time.

She said about half of the people who registered to vote on Saturday were new voters aged between 18 and 29.

“Early indications from the country’s 22 263 registration stations showed that young people were heeding the call to participate in the elections which mark the 20th year of democracy,” Bapela said.

President Jacob Zuma announced on Friday that the fifth national general elections would be held on 7 May.

– SAPA

Premier Modise condemns Freedom Park mob killings  


Rustenburg-North West Premier Thandi Modise has condemned the alleged killing of three people whose properties were also torched at the Freedom Park Informal Settlement in Rustenburg.

“We condemn, in the strongest terms possible, vigilantism as it leads to lawlessness and revenge attacks by persons who feel aggrieved by the actions of those who conduct kangaroo courts and give themselves the roles of judges and executioners,” Premier Modise said.

Modise called on the public report crime to authorities in the criminal justice system instead of taking the law into their own hands.

She said that vigilantism creates a cycle of violence that undermines the rule of law.

According to police, two men were shot and injured, allegedly by two Lesotho nationals, at a tavern in the area on Saturday.

Brigadier Thulani Ngubane said that the wounded men were taken to a nearby hospital.

One of the foreigners was then caught by a mob on Sunday. He was taken to a tavern and burnt alive, said Ngubane.

The second Lesotho man was also caught and stripped naked by the mob. He tried to escape by running into a neighbour’s shack but was caught and murdered.

Both foreigners were found with stab wounds, Ngubane said.

Five thousand people, on Monday, went to a local businessman who they suspected of harbouring the Lesotho men and other criminals.

“The crowd allegedly looted his shop, burnt his properties including a house as well as vehicles, and killed him,” said Ngubane.

Several shacks were also torched.

Police were deployed to stabilise the situation in the area. A firearm with five rounds of live ammunition and one spent cartridge casing was seized from the crowd, said Ngubane.

No arrests were made and police were investigating.-TDN
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Victims’ families get poor treatment- Witness


Cape Town – The families of murder victims in Khayelitsha, Cape Town, suffer further injustices when police treat them poorly, the Khayelitsha Commission of Inquiry heard on Tuesday.

“What we have to take seriously is how the police treat people,” non-governmental organisation Ndifuna Ukwazi’s (Dare to Know) director Zackie Achmat said in his testimony.

“In all the cases I will raise and discuss, it is always us who have to go to the police. It is rarely… that the police come to us.”

Achmat gave examples of three women murdered in Khayelitsha, namely Lorna Mlofana in 2003, Nandipha Makeke in 2005, and Zoliswa Nkonyana in 2006.

Mlofana was an HIV/Aids educator in the area and went to a tavern at the end of the year for a few drinks. She was raped and when her attackers found out she was HIV positive, was kicked to death.

Achmat said the police failed to use a sexual assault kit because her body looked like she had been run over by a truck when she arrived at a hospital.

“What comes afterwards was horror and a travesty.”

He said police failed to keep her family informed about what was happening in court, and it was only through the Treatment Action Campaign’s efforts and relationship with the station commander that they were told what was going on.

Advocate Peter Hathorne asked his witness what he thought of provincial police commissioner Arno Lamoer’s affidavit, in which he stated that the task team had looked at the case and noted the conviction and sentencing of two men for the crimes.

Achmat replied that police had never informed Mlofana’s family of a subsequent appeal by the perpetrators, which resulted in a lighter conviction.

“The first time my colleagues knew about this was when that person was out on the street,” he said.

He also took offence at Lamoer’s stance, in his affidavit, on Makeke’s case. In it he stated that the task team found her case had been properly investigated. Makeke was raped by a gang of boys and killed in a toilet.

“Never once did the police go visit the family and say this is the situation,” Achmat said.

Zoliswa Nkonyana lived openly as a black lesbian in Khayelitsha. She was killed because of her sexual orientation and nine men, mostly juveniles, were arrested.

“A policeman helped some perpetrators escape from the Khayelitsha court. What I’d like to know is what happened to that policeman,” Achmat said.

“That’s something that people face in Khayelitsha on a daily basis.”

Achmat recommended that before any recommendations by the inquiry could be implemented, the police first had to apologise to the women’s families for what had gone wrong.

The commission was set up by Western Cape Premier Helen Zille to probe accusations by civil society formations that police inaction was leading to an increase in mob justice killings in the area.

The Social Justice Coalition alleged police inefficiency was leading to criminals running rampant in the sprawling township, and residents being forced to take the law into their own hands.

The commission’s activities were delayed for some time when Police Minister Nathi Mthethwa tried to have the inquiry scrapped. Mthethwa lost his legal bid to stop the commission in the Constitutional Court in October last year.

The first phase of hearings was expected to end on 21 February.

SAPA