Council officials have dismissed as ill-informed moves to have Bhisho-appointed administrator, Pam Yako's term declared illegal.
This comes after one grouping has vowed to mount a "serious legal challenge".
Council officials have dismissed as ill-informed moves to have Bhisho-appointed administrator, Pam Yako's term declared illegal.
This comes after one grouping has vowed to mount a "serious legal challenge".
Prompted by the extension of Pam Yako's six-month term in Makana Municipality, the Makana United Business Chamber, chaired by Lungile Mxube, is among a handful of interest groups and individuals who claim correct procedure was not followed in Yako's appointment.
Her term was extended on 17 March by another three months.
Claims that the appointment of an administrator requires the dissolution of Council were firmly dismissed by Makana Municipality's acting municipal manager Mandisi Planga during the last special council meeting.
Planga was responding to a document submitted by Mxube to the Mayor a day before the 8 May meeting.
The document, drawn up by attorney Brin Brody of Wheeldon, Rushmere and Cole under instruction from the Chamber, urged the Council to resolve to disapprove the intervention.
It points out that there has been no indication from the Executive Council (Exco) that issues raised by the National Council of Provinces were addressed before the Yako's term was extended on 17 March.
The Chamber claims that section 139 (2)(b)(ii) provides that an intervention must end if the Council disapproves the intervention within 180 days of its inception.
"We are instructed to propose that, at the meeting of the municipal council tomorrow (8 May), the council resolves to disapprove the intervention."
In the letter Brody said they were instructed to draw the attention of the Council to the fact that the "intervention involving the appointment of the administrator has purportedly occurred in terms of the provisions of section 139(1)(b) of the Constitution, [however], it is section 139(1)(c) of the Constitution that provides for the appointment of an administrator, and that only after the dissolution of the municipal council – which has not occurred in this instance".
The Chamber goes on to say that there is serious doubt as to whether the intervention in its current form is lawful.
Addressing the matter in the Council meeting Planga said Brody's submission was based on an incorrect interpretation of that section.
Planga said the contention that an administrator could be appointed only when the Council was dissolved was incorrect.
Planga confirmed that the municipality's executive functions would be taken over by the provincial government because of its failure to perform them.
These include corporate services, one of which is recruitment.
Council retained the power to make final approval only on the appointment of senior managers, Planga said.
"We are going to mount a serious legal challenge," Mxube told Grocott's Mail directly after the meeting.
"This is just a moneymaking scheme to rip off taxpayers."
Responding to questions from Grocott's Mail about Makana United Business Chamber's challenge, MEC Fikile Xasa's spokesperson Mamnkeli Ngam said the matter was being attended to and that a full response would follow.
Parliamentary Communication Officer Temba Gubula hadn't responded to questions from Grocott's Mail around the same issue at the time of going to press.
About the Administration In a closed Council meeting on 6 May, Cooperative Governance Superintendent-General (SG) Stanley Khanyile outlined the following about Yako's 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 Pam Yako of Zenande Leadership Consultants with effect from 6 October for a period of six months.
* Yako's contract ended on 5 April. 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.
anele@grocotts.co.za
