Political instability in the Nelson Mandela Bay municipality has led to a complete paralysis of the administration to the extent that the city has not been able to appoint a CFO.
This, coupled with the fact that the city has failed to convene council meetings, is among the reasons put forward by Bhisho’s co-operative governance and traditional affairs (Cogta) portfolio committee for its recommendation that the provincial government should send a support team or take over some of the administrative functions of the city.
The recommendations formed part of a report tabled in the Bhisho legislature, where only one paragraph describes what the committee says is the state of the metro.
In its findings on various municipalities, the Cogta committee wrote: “There is collapse of governance and functionality at Nelson Mandela Metro and the council cannot fulfil its executive obligation in terms of the constitution or local government legislation.”
It then recommended: “The department [of Cogta] must invoke section 154(1) of the constitution [and] if all else fails, invoke section 139(1) (b) and, a comprehensive report on the status of the two metros must be submitted to the committee within 30 days of adoption of this report.”
Section 154 refers to sending a support team to the municipality to assist with the running of the administration.
Section 139 (1)(b) is a lot trickier as it refers to performing some of the functions of the municipality.
It states: “When a municipality cannot or does not fulfil an executive obligation in terms of the constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including: assuming responsibility for the relevant obligation in that municipality to the extent necessary to (i) maintain essential national standards or meet established minimum standards for the rendering of a service; (ii) prevent that municipal council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or (iii) maintain economic unity.”
Cogta MEC Xolile Nqatha said on Tuesday his department would respond to the committee’s report in 30 days.
“There is close to dysfunctionality of the institution.
“Council meetings are not sitting – this raises an issue, the high vacancy rate of executive directors and the appointment of the CFO,” Nqatha said.
“It is a requirement that for the municipalities to be functional those positions must be filled and council and committees must meet.
“If those things are not functioning, it brings governance of the whole institution into question.”
The last council meeting was held on July 5, while the two subsequent attempts fell through as the coalition government could not reach a 61 member quorum without any of the opposition councillors in attendance.
A council meeting was scheduled to sit on August 15, but speaker Buyelwa Mafaya declared a council recess until after the September 18 Ward 20 by-election.
Nqatha said: “Governance in Nelson Mandela Bay has been an ongoing concern for some time now.
“Since the last local government elections there has been political instability and . . . administrative instability.
“Dominating these challenges is the fact that there is no outright winner in terms of the political parties, and the inability of government to function effectively.”
Cogta portfolio chair Thabo Matiwane said their findings were based on the city’s inability to appoint a CFO.
The municipality has not had a permanent CFO since November 2017.
“They have not appointed a CFO; council is not convening to look at compliance matters; there is absolutely no governance happening and [grant] rollovers have not been approved; and the business of council is not being pursued.”
He said they had given the responsibility to Nqatha to act on their recommendations.
Bay mayor Mongameli Bobani said they would comment on the report once they had received it.
He said a CFO would be appointed in September once the council was back from recess.
PA councillor Marlon Daniels said he would persuade other smaller parties to attend meetings to avoid having the municipality placed under administration.
“I have warned the ACDP and COPE not to toe the line of the DA because they are the ones who have a lot to lose.”
Daniels said the governing coalition was ready to make appointments but these were delayed by the ACDP, COPE and DA, whose members walked out of meetings.
DA provincial leader Nqaba Bhanga said: “It’s a reflection of the government of the ANC on the metro.
“The report was adopted last week and I . . . asked what remedial action had been taken by government to make sure we don’t get to the level.”
Earlier in 2019 the DA wrote to premier Oscar Mabuyane asking the provincial government to provide support.
He said this was the ANC’s way of getting rid of Bobani.
“We know Nelson Mandela Bay has a nuisance of a mayor
. . . doing things as he pleases, which is why Andile Lungisa wants him out.
“Bobani is a burden to them; he’s a threat to the future of our children; he’s a curse to our residents – so now what do you do in a situation like this?”
It is still unclear whether a meeting to debate a no-confidence motion against Bobani will sit on Friday.
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