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DA refusal to answer formal written question about municipal leases in the province a disgrace

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DA refusal to answer formal written question about municipal leases in the province a disgrace

ANC leader of the opposition in the Western Cape Legislature Cameron Dugmore
ANC leader of the opposition in the Western Cape Legislature Cameron Dugmore

13th May 2024

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It has become obvious that the DA’s claimed commitment to transparency and accountability is is cynical at best, and at worst simply a lie.

The ANC is the official opposition in the Western Cape Provincial Legislature.

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The rules of the legislature provide for members to ask questions for written and oral reply to the Premier and MEC’s. Once published on the question paper, they have to be answered within 10 days.

Our national ministers are subjected to rules which oblige them to answer questions in the National Assembly.

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In the 8 other provincial legislatures (where the ANC leads) MEC’s for Local Government regularly get asked questions about local government matters. These questions are responded to.

It seems that different rules apply in the Western Cape. As the ANC we started noticing that our questions about the City of Cape Town directed to Anton Bredell (MEC for Local Government) were simply not being answered.

It then transpired that the then DA Mayor DA City of Cape Town, Dan Plato, had taken a decision not to respond to questions about the City of Cape Town directed by MPL’s to to MEC Bredell. Despite raising our concerns with Bredell, he refused to act. Then Geordin Hill Lewis took over. Hill Lewis then followed the example of Plato and refused to answer questions asked in the legislature. Once again, Bredell refused to intervene. This is the same Anton Bredell who was guilty by the Public Protector, for practicing “deployment" of DA members in local government.

As the ANC we have continually raised the racist practices of DA municipalities when it comes to leasing out of municipal property and buildings. It is common knowledge that just before 1994, the NP in Stellenbosch leased out over 110 hectares of prime agricultural land to exclusively white farmers until 2044! Stellenbosch Municipality, now run by the DA, refuses to provide full disclosure on their properties.

On 16 April 2024, I submitted a question for a written reply to MEC Bredell for the question paper of 20 April, to which replies are expected on 6 May. The question asked for the following information:

“In respect of leases of municipally owned land and buildings in the Western Cape, can he provide the following information from the (i) 24 category b municipalities in the province, (ii) the City of Cape Town and the (iii) 5 District councils:

a. List of each erf (provide erf number) and each property leased out by the Municipality to lessees (provide name of lessee - individual or entity).

b. The duration and cost of the lease in question and when the current lease expires.

c. The name of the previous lessee and the duration and cost of the lease held by the previous lessee.

d. A copy of the leasing policy applied by each Municipality.

e. What percentage of all leases awarded were awarded to historically disadvantaged individuals.

f. List of each erf (provide erf number) and each property leased out by the Municipality to lessees (provide name of lessee - individual or entity).

g. The duration and cost of the lease in question and when the current lease expires.

h. The name of the previous lessee and the duration and cost of the lease held by the previous lessee.

i. A copy of the leasing policy applied by each Municipality.

j. What percentage of all leases awarded were awarded to historically disadvantaged individuals."

On 2 May I received a letter from the DA Speaker notifying me that my question directed to MEC Bredell would not be placed in the question paper “as it does not meet the provisions of Rule 196(1) as this competency does not fall within the area of responsibility of the MEC.”

Rule 196(1) of the Western Cape Legislature Rules of Order reads as follows: “A member or a permanent delegate to the NCOP may put a question or interpellation to any member of the Provincial Cabinet concerning any matter falling within the area of responsibility of that member of the Provincial Cabinet.

The explanation provided by the DA Speaker, citing Rule 196(1), does not hold water upon closer examination. It appears to be either a deliberate misinterpretation of legislative provisions or a blatant attempt to shield the provincial executive from rightful scrutiny. The legislature's duty to oversee and hold the executive accountable is enshrined in the Constitution of the Republic of South Africa, 1996, particularly in sections 139, 153, 154, and 155(6), (7).

Sections 155(6)(a) and (b) clearly mandate provincial governments to provide monitoring, support, and capacity development for local government, which inherently includes oversight responsibilities. Additionally, Section 105(1) and (2) of the Local Government: Municipal Systems Act, 32 of 2000, and Regulations reinforce the obligation of the MEC for local government to establish mechanisms for monitoring municipalities and assessing their needs.

The refusal to address legitimate questions regarding the affairs of municipalities, especially concerning potential maladministration and mismanagement, is deeply concerning. It raises serious questions about the transparency and integrity of the DA-led administration in the Western Cape. By resorting to such tactics to block accountability, the DA is sending a clear message that it has something to hide.

As said above , across all other provinces, members of the Legislature are allowed to ask questions about municipalities to MEC who then respond, only in the Western Cape where rules are flouted and the executive is cushioned from accountability.

The ANC unequivocally condemns these actions by the DA Speaker and the MEC. Such abuses of power undermine the very foundation of our democracy and erode public trust in government institutions.

What is even more disturbing is the failure by the media and political commentators to write about this refusal by the DA to be accountable and disregard of the provisions of our Constitution. We also note that the “defenders of democracy” who often resort to the courts, for reasons known only to themselves, turn a blind eye.

It seems that they too have a different set of rules.

Issued by Cameron Dugmore, ANC leader of the opposition in the Western Cape Legislature

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