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POLOKWANE – The letter was delivered to the municipal speaker, Polokwane mayor, municipal manager, and the corporate services director of the Polokwane Municipality as well as the MEC for Coghsta, Makoma Makhurupetje.
Matshidiso Mothapo, a Municipal Spokesperson, confirmed the municipality received a letter from the DA’s legal representative and subsequently responded to the letter.
In a media release the DA states that during the council meeting the DA objected to the procedure followed by the Council as it did not comply with relevant Local Government Legislation, the public participation process and the Constitution.
The DA also claims in the statement that the Speaker overruled the objection and the DA was refused any further questions or debate and the Speaker refused to minute the objection.
According to the media statement the DA subsequently requested a formal division and eight councillors voted in favour of the budget and eight against.
The Speaker then allowed an unlawful and irregular second voting procedure wherein 40 councillors voted in favour of the budget, eight DA councillors voted against and 19 councillors abstained from voting.
The DA is concerned the budget approval is unconstitutional as the majority of council members did not support the budget.
The following demands are set out in the DA’s letter of demand:
• that Council refrains from publishing the draft budget that was not adopted on 29 May 2017 in the Provincial Gazette;
• that Council immediately releases a public statement stating that it has not adopted a budget and that it will take all reasonable measures to do so before the end of the financial year;
• that Council immediately informs the provincial government that it has not yet passed an annual budget;
• that Council will take all reasonable steps to pass a budget before the end of the 2016/17 financial year on 30 June 2017.
“In our response, the municipality insists the budget was adopted in compliance to Legislation. We await further communication from them,” Mothapo said.
The DA also raised concerns about procedural irregularities in the manner which the draft budget was placed before Council.
As part of the budget, a proposed tariff increase of 300% would become applicable on rental properties as of 1 July.
This is in breach of the Local Government: Municipal Property Rates Act 6 of 2004 as no public participation process was held, according to the DA.
Mothapo explained the tariff was introduced with the intention to curb illegal land use on accommodation. He maintained the proposed tariffs applied to residential properties for rental accommodation which are in contravention of the Town Planning Scheme and do not apply to any other rental accommodation. “The municipality had no intention of imposing any tariff which is not in its rates policy,” Mothapo said.
DA Ward Councillor, Franco Marx, said the municipality’s argument is flawed as a policy is already in place for residential impermissible use or illegal use.
The proposed tariffs the municipality has added were not included in the draft budget tabled for input, yet appeared in the final budget, which was adopted.
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