Chaos broke out in the Moth Hall at lunchtime as IFP/EFF supporters strongly opposed a decision by the Department of Co-operative Governance and Traditional Affairs, COGTA, to put the Nquthu Council under administration.
The Moth Hall was divided between ANC supporters and IFP/EFF backers. The impasse at Nquthu, where the IFP/EFF/DA coalition was disrupted by an EFF councillor who was sacked by his own party, has not been properly constituted which, in turn, has resulted in the Umzinyathi District Municipality being unable to elect a Mayor and other office bearers.
Scelo Duma of COGTA and other officials had their hands full in controlling the meeting. IFP/EFF supporters and Councillors were upset that the Dundee Moth Hall was being used for the meeting regarding Nquthu.
They accused the ANC of wanting to put the Council under administration to ‘hide the ANC corruption of the previous ANC/NFP Council’.
Meanwhile, ANC supporters said the IFP/EFF were using delaying tactics and that service delivery was being affected because of the impasse.
The IFP/EFF said they had won the majority support on August 3 and called on COGTA to allow them to fulfil their role and govern the municipality.
However, it appeared as if the MEC, who was not present, had already made up her mind and had left the ‘breaking of the news’ to her troops.
Mr Duma said intervention in terms of Section 139 of the Municipal Structures Act had been activated and the MEC was in control of the Council until office bearers could be elected which, in turn, would see the election of office bearers at Umzinyathi.
“If anyone is not satisfied, the laws of the country allow anyone to use legal avenues to challenge the decision,” he said.
Insults were traded as the atmosphere became tense and speakers were shouted down. In the end, the IFP/EFF supporters started dancing and singing as the officials and ANC backers drifted away.
There was a strong security presence with men in dark suits, dark glasses and red tie much in evidence. At one stage, a member of the audience objected to the security men filming the meeting.
APPLICATION FOR SECTION 139 INTERVENTIONS
a) Issue a Directive: The provincial Executive may issue a directive before it can assume responsibility, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; the option of the directive is not obligatory nor a precondition for assumption of responsibility.
(b) Assumption of responsibility: The Provincial executive can assume the responsibility for the relevant obligation. The aim of the assumption of responsibility is to lift the municipality to minimum standards, to prevent it from harming the interests of other municipalities/ the province or to maintain economic unity in the province. Before the proceeding to assumption of responsibility, the provincial executive (or the MEC) notifies the municipal council in writing of its intention to assume responsibility in terms of section 139 (1)(b) of the Constitution by submitting a written notice of the intervention to the Cabinet member responsible for Local government affairs (in this instance the Minister of Cooperative Governance and Traditional Affairs) (CoGTA) and; the relevant provincial legislature and the National Council of Provinces (NCOP) within the 14 days after the intervention had begun.
The intervention must end if the Minister of CoGTA disapproves the intervention within 28 days after the intervention began or by the end of that period the Minister has not responded. And also if the NCOP disapproves the intervention within 180 days after the intervention began or by the end of that period the NCOP has not responded. For the approval of the intervention by the Minister, the Provincial executive need to ensure that a notice in terms of section 139(2)(a) is submitted to the minister requesting approval for the intervention with the relevant information.
The NCOP must regularly review the intervention as it continues and make any appropriate recommendations to the provincial executive. Note: The Constitution is silent on the appointment of an administrator when the provincial executive assumes the responsibility in terms of section 139(1)(b), however, in practice it’s noted that with most of these interventions, the provincial executives opted for the appointment of an administrator.
