Makana Municipality administrator Pam Yako is fully accountable and subordinate to the provincial executive, through Cooperative Governance and Traditional Affairs (Cogta) MEC Fikile Xasa.
Makana Municipality administrator Pam Yako is fully accountable and subordinate to the provincial executive, through Cooperative Governance and Traditional Affairs (Cogta) MEC Fikile Xasa.
This follows Cogta Superintendent-General (SG) Stanley Khanyile's visit to Makana this week.
Khanyile was in town on Wednesday to present to Council Yako's terms of reference; the background to the Makana intervention and the subsequent intervention of the department in terms of Section 139 (1) (b) of the Constitution.
There have been some questions regarding the validity of the intervention from civil society groups and concerned individuals in Grahamstown. Khanyile's presentation seeks to explain the processes followed leading to and during the intervention.
In his meeting with councillors at the council chambers on Wednesday, Khanyile presented a report outlining the purpose of the intervention and Yako's terms of reference.
In a document of which Grocott's Mail is in possession, Khanyile explains that Makana experienced numerous challenges which led to near total collapse of the administration.
His points can be summarised as follows:
* Various measures were employed to rescue the situation in terms of Section 154 of the Constitution by various national and provincial sector departments, including state-owned enterprises.
* The Council of Makana acknowledged the extent of the challenges it was facing and in its 29 August special council meeting resolved to ask the department to intervene in terms of Section 139 (1) (b) of the Constitution.
* The department through a cabinet memorandum and oral submissions to the Executive Council (Exco) solicited approval for the intervention.
* The intervention was approved by Cabinet in its 10 September sitting in terms of Sections 139 (1)(b) & 139 (5) of the Constitution. The department appointed Yako of Zenande Leadership Consultants with effect from 6 October for a period of six months.
* Yako's contract ended on 5 April. The confusion was caused when the National Council of Provinces declared the intervention null and void on 26 February, due to the department's failure to comply with procedural requirements outlined in the Constitution.
* In an Exco sitting on 17 March a new Section139 (1)(b) intervention was approved for a period of three months, as there was not yet proper governance in the municipality.
* In a letter to Xasa dated 23 March, minister Pravine Gordhan approved the current intervention emphasising that the powers and executive functions of the administrator should be as wide as possible.
Yako, according to the presentation will be fully accountable and subordinate to the provincial executive through Xasa.
By virtue of the intervention, the Exco assumed most of Makana's executive obligations and has delegated them to Xasa.
Xasa is represented by Yako.
The functions include corporate services, including recruitment processes, appointment of senior management of the municipality, with Council retaining the power to make final approval only on appointment of senior managers.
One of the key focuses of the intervention, according to Khanyile's presentation should be strengthening organisational capacity.
This includes finalising the organogram and filling key positions such as those of the municipal manager, chief financial officer and technical director.
anele@grocotts.co.za
