ActionSA welcomes the decision to invoke of Section 154 of the Constitution in the eThekwini beleaguered Municipality, however, we do not believe that this move will resolve issue in the City. 

Section 154 mandates:

“The National Government and Provincial Government, by Legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their power and to perform their function”. 

We firmly believe that invoking Section 154 will not adequately address the deep-rooted issues plaguing eThekwini. This measure is a soft approach that fails to address the urgency and severity of the municipality’s problems.

As ActionSA, we strongly believe that a more decisive approach is necessary. 

We believe that the municipality would be better placed under administration in accordance with Section 139(1)(b) of the Constitution. 

This empowers the provincial executive to intervene by assuming responsibility for the municipality’s obligations to:

(i)  Maintain essential national standards or meet established minimum standards for service delivery;

(ii)  Prevent the Municipal Council from taking unreasonable actions that are prejudicial to the interests of another municipality or the province as a whole;

(iii)  Maintain economic unity.

The eThekwini Metro Municipality has repeatedly failed to resolve critical issues.

In our effort to fight for the residents of the City, ActionSA was the first political party to take legal action against the municipality due to its failure to repair or replace dilapidated sewer infrastructure. We are also preparing further legal action against the municipality for its prolonged failure to provide clean and drinkable water to residents.

It is concerning that during both the IFP and DA’s election campaigns, they explicitly stated their intention to invoke Section 139 in the Municipality should they govern. However, in their efforts to appease the Government of National Unity (GNU), these parties have now settled on Section 154.

Notably, in May 2023, there was an initial proposal to place the Municipality under Section 154, which would have been spearheaded by the former Director-General in the Presidency, Mr. Cassius Lusibi and Dr Mike Sutcliffe.

This proposal was rejected primarily by ANC councillors when the former CoGTA MEC Ms. Bongi Sithole-Moloi presented it.

Yet, today, there are reports that this intervention will proceed, with Mr Lusibi and Dr Sutcliffe set to once again lead the intervention. What has changed?

Moreover, during today’s council meeting, I questioned  Municipal Speaker Mr. Thabani Nyawose on whether he can definitively confirm the Section 154 intervention in the Municipality, however, he failed to provide a  definitive answer.

The Municipality is currently set to write off over R24 million due to irregular expenditure incurred over multiple financial years and R931,345,188.13 million from July 1, 2023, to March 31, 2024, after having written off R2,030,763,586.26 billion in February this year.

This highlights the Municipality’s incapacity to perform basic functions, further underscoring the necessity for Section 139 intervention.

As ActionSA, we believe that parties in the GNU should collaboratively govern while holding each other accountable for their shortcomings. The people of KwaZulu-Natal need a dependable government, not one that protects its own interests at the expense of residents.

 

Issued by ActionSA Provincial Chairperson Zwakele Mncwango