State of the Municipality Address

State of the Municipality Address

BY EXECUTIVE MAYOR, CLR RH DENNIS

18 MARCH 2011

NEWTON HALL, JEFFREYSBAY

MADAM SPEAKER

HONOURABLE COUNCILLORS

MUNICIPAL MANAGER AND DIRECTORS

LEADERSHIP OF CIVIL SOCIETY

LEADERSHIP OF THE ANC

DISTINGUISHED GUESTS

MEMBERS OF THE MEDIA

LADIES AND GENTLEMEN

As we gather today to reflect on the state of our municipality let us take a moment to bow our heads in a moment of silence for fallen fellow citizens and comrades such as the late councillor Michael Tshume, a great man who has left a lasting legacy in the Kouga region.  

Madam Speaker, it is with pride and humility that I stand before you today to report on the state of our municipality, almost exactly five years since I delivered my inaugural speech as mayor of the newly-elected Kouga Council in Humansdorp on March 15, 2006.

Pride – because of the tremendous progress we, as a Council and community, have made since that day to ensure that even the poorest of the poor now have access to proper housing and basic services such as water, electricity and sanitation.    

Humility – because of the many people who still need our help, as leaders, to find their rightful place in this beautiful region we call home.

It is true that the challenge is daunting, but there was a lesson to be learnt in Saturday’s nail-biting World Cup Cricket clash between the Proteas and India for all of us who carry the welfare of our people close to heart – no matter how unreachable a target may seem, it CAN be reached (with a few wickets still in hand) if you have courage, determination and perseverance.           

Madam Speaker, with your indulgence I would therefore like to do more than just reflect on the current state of our municipality today.

As this Council prepares to hand over the reins of the municipality to a new Council on May 18, I would also like to remind you of the many boundaries we have hit over the past five years. We trust that this will inspire you never to give up hope but always to persevere regardless of the odds.

ACCOLADES

Kouga stands today as a leader amongst local municipalities. Numerous accolades have been bestowed on the municipality over the past five years in recognition of the groundbreaking work that has been done to uplift our community.

·         In 2010 Kouga was named the best-run local municipality in the Eastern Cape by Municipal IQ, a specialised local government data and information service.

·         Also in 2010, we were the highest-ranking local municipality in the province in the Blue Drop water quality management programme, and were one of only three municipalities in the country nominated for a Blue Drop Excellence Award.

·         Kouga further scored tops in the Cacadu region in a capacity assessment conducted by the Department of Local Government and Traditional Affairs as part of the Local Government Turnaround Strategy last year.

·         These accolades followed on what was probably our proudest moment during the past five years - being named the “Municipality of the Year” at the Govan Mbeki Provincial Housing Awards in 2009.

GOOD GOVERNANCE AND PUBLIC PARTICIPATION

Kouga has dedicated itself over the past five years to creating a stable and effective governance structure focused on development.

New branding for the municipality, including the now well-known Kouga logo, was launched in December 2006. The initiative helped to create a greater sense of unity among the nine separate towns that had been combined to form Kouga Municipality in 2000.

After the 2006 local government elections, the municipality successfully moved away from the Plenary System to an Executive Mayoral System combined with ward participation. This had a major impact on our operations because the new Mayoral and Portfolio Committees could deal with issues of strategic importance timeously. In the interest of transparency and accountability, the minutes of Mayoral Committee meetings are presented to the full Council quarterly.

Executive management positions were filled as a matter of urgency following the inauguration of the new Council in 2006. This brought greater stability to the administrative arm of the Kouga Council. Perhaps the most important of these appointments was that of municipal manager Dr Eddie Rankwana in 2007. Under his leadership, monthly management and directors’ meetings were introduced to ensure that the performance of directorates were in line with development priorities.

A five-year Integrated Development Plan (IDP) was formulated and adopted by Council as required by legislation after extensive consultation with local communities in 2007. This document, which sets out the development priorities for the area and determines how Kouga spends its annual budget, has since been reviewed on an annual basis. The last review of the current document is currently underway. 

Ward participation has been encouraged over the past five years through the establishment of ward committees. The success of the ward committee system in Kouga has varied from ward to ward. A recent study by the Department of Cooperative Governance and Traditional Affairs shows that the effectiveness of ward committees in South Africa as a whole has been hampered by a lack of legislative clarity regarding their roles and responsibilities. Kouga has been participating in this study, aimed at bringing about the necessary legislative changes to ensure ward committees are in a position to contribute constructively to development.     

Ward participation has been improved since 1996 by the establishment of offices for ward councillors in their communities. Eight wards already have ward councillor’s offices, with the most recent office established at Thornhill last year. With Kouga’s number of wards increasing from eight to 15 this year, seven more offices will have to be established by the next Council. 

An important aspect of the Kouga Council’s public participation programme has been the Mayoral Imbizos, which are held on an annual basis. The Imbizo programme was expanded to a full Executive Outreach in 2010, with ten well-attended community meetings taking place over a period of two weeks in November and December.

As part of its commitment to improve communication with stakeholders, the municipality launched a new website as well as its own newspaper, Kouga News, last year. The municipality had initially intended for Kouga News to be a quarterly publication, but there is simply too much happening at the municipality on a daily basis. For this reason Kouga News will now be published monthly.

SERVICE DELIVERY: PERFORMANCE HIGHLIGHTS

Increasing the bulk infrastructure capacity of the area to meet the growing demand for basic services is one of the biggest challenges facing the municipality.

The income generated from service delivery and rates is simply not enough to address the immense backlog caused by the biased development priorities of the pre-1994 government as well as the unprecedented influx of people to the area post-1994.

The new Kouga Council of 2006 was quick to realise that the municipality would have to make full use of funding opportunities from national government. To this end a dedicated Municipal Infrastructure Grant (MIG) Unit was established and staff trained, with immediate success.

Within a year – from 2006/07 to 2007/08 – the performance of MIG expenditure dramatically improved from 13% to 60%. The unit continues to function well and achieved 100% expenditure during the 2009/10 financial year. Expenditure for the 2010/11 year stood at 65% as at the end of February 2011.

MIG funding alone, however, is not sufficient to eradicate the bulk infrastructure backlog, estimated to total R350-million. Consequently, the municipality has also been entering into partnerships with developers while negotiations with national government departments as well as potential investors and donors, both locally and internationally, are ongoing. Extra measures are also being put in place to ensure developers pay their augmentation fees in full.

The day-to-day operations of the Technical Services directorate were improved last year through the purchase of vehicles and plant, including 14 LDVs, two suction tankers, three TLBs and a sit-on roller.

Electricity Services

Kouga has invested millions of rands over the past five years to ensure all residents have access to electricity.

·         In 2010/11 R4-million was spent on upgrading the electricity supply network of St Francis Bay and Cape St Francis.

·         The municipality’s target is to electrify 500 sub-economical homes per year. Last year the Old Golf Course settlement in KwaNomzamo, Humansdorp, was among the communities to received electricity for the first time as part of this commitment. Other communities to have benefited are Umzamuwethu, Kruisfontein and Ocean View.

·         Also in 2010, Eskom started the electrification of Rooidraai after extensive lobbying by the Kouga Municipality. This rural settlement, along with Hankey, Patensie and Loerie, is serviced by Eskom while Thornhill’s electricity is provided by the Nelson Mandela Metro.

·         A further 12 high-mast lights were erected across the region last year in Thornhill, Loerie, Hankey (2), Umzamowethu, Jeugkamp, Arcadia, Kruisfontein (2),  KwaNomzamo, Ocean View and Pellsrus.

·         The municipality is currently assisting Eskom with the installation of solar geysers at sub-economic houses. A total of 10 000 geysers will be installed.  

·         Other electricity highlights over the past five years have included the improvement of Jeffreys Bay’s electricity network at a cost of more than R10-million. These improvements benefited all sections of the community, from Wavecrest to Ocean View.

·         In addition to the electrification of sub-economic houses, R1,5-million  was also spent on improving the power supply to areas such as Arcadia and Moeras River in Humansdorp.

Water Services

The Kouga Municipality remains in the grip of a severe drought. Strict water restrictions were put in place in 2009, with penalty tariffs also being introduced last year to encourage residents to use water sparingly.

Despite this challenge, the municipality is committed to ensuring that every household in the region has access to clean, running water. Several projects have been completed over the past five years to bring water to Kouga homes.

·         The water supply to the Greater Kruisfontein area and KwaNomzamo in Humansdorp was improved last year when a natural dam, which is fed by an underground stream, was connected to the main water supply system.

·         Work has also started on a new R6-million reservoir for Kruisfontein to increase the water storage capacity of the area.

Previous highlights included:

·         The upgrade of the Churchill pipeline to St Francis Bay at a total cost of nearly R14-million. The upgrade increased the water supply to this area from 20 litres/second to 110 litres/second, adequate to meet the area’s growing water demand for the next 15 years.

·         R9,8-million was spent on upgrading and building reservoirs at Jeffreys Bay and completing the main pipe networks of the town’s CBD area.

·         The water pipe network of the Humansdorp CBD was upgraded at a cost of R6-million and a further R1,25 million was used to upgrade the bulk water supply to Kruisfontein Proper. The R3,8-million water and sewer reticulation of Gill Marcus was also completed.

·         Two water reservoirs were constructed at Hankey for R3,8m and R1,5m, as well as a rising main.

·         A new water reservoir and water treatment plant was completed at Oyster Bay (R3,6m) while a filter reservoir was built at Umzamowethu (R2,7m).

Sanitation Services

Due to the rapid development of and influx of people to Kouga over the past five years, one of the municipality’s current priorities is to address the backlog in the area’s bulk sewerage infrastructure.

Despite having invested millions of rands on improving the sewerage infrastructure, sewerage plants are operating at maximum capacity because of the many developments.

Current projects include the R6,5 million upgrade of the sewerage system of Ramaphosa Village, Patensie, and the construction of a R7,9-million rising main at Hankey. The R40-million upgrade of the Jeffreys Bay waste water treatment works is also underway.

One of the first challenges that faced the new Kouga Council five years ago was the eradication of the bucket system. The target that had been set for the eradication of the bucket system in formal areas was December 2007. Kouga met this target in June 2006.

Other  highlights of the past five years included:

·         Thornhill – A waste water treatment plant was completed at a cost of R3,7m while R4,9-million was used to install internal sewer reticulation.

·         Humansdorp – Two waste water treatment plants was constructed at a cost of over R2-million to service the sprawling town, which includes KwaNomzamo and the Greater Kruisfontein area. More than R5-million was also spent on sewer reticulation.

·         St Francis Bay – A waste water treatment plant was completed at a cost of R1,2-million.

·         Hankey – R5,1-million was spent on a new pump station and rising main.

·         Jeffreys Bay – R2-million was spent on the internal sewerage reticulation of Wavecrest so that homes could be connected to the waterborne sewerage system and a further R3,6 million went towards improving the Jeffreys Bay gravity network. A pump station and rising main were also constructed at Ocean View.  

Roads

Kouga’s funding priorities over the past five years have been basic services such as water, sanitation and electricity. As a result, there has been limited funds available to expand and upgrade the road network.

Nevertheless, existing tar roads are in a fair condition, with the municipality also maintaining important thoroughfares such as Da Gama Road in Jeffreys Bay which, strictly speaking, is the responsibility of the provincial Department of Roads and Transport.

The focus of the municipality over the past three years has been gravel roads in disadvantaged areas. A labour-intensive road paving project was started, aimed at upgrading roads in these areas whilst at the same time creating jobs.

R7,5-million has thus far been budgeted for the project and almost nine kilometres of road paved since the inception of the project in 2008/09. Communities that have already benefited are Vaaldam, Weston, Tokyo Sexwale, Pellsrus, Ocean View, Gill Marcus, Arcadia, Philipsville, KwaNomzamo and Ramaphosa Village.

Planning and Development

A total of 3924 building plans were submitted to the municipality’s Planning and Development Directorate from 2006 to 2010, peaking in 2007 when development in the area was booming.

 

A total of 720 land-use applications were processed in this same period. These applications were for subdivisions, rezonings, departures, removal of restrictive conditions, consent use and secondary use.

A highlight for Planning and Development  was the approval by Council of the combined Kouga Spatial Development Framework in December 2009. This important planning document  includes spatially-based policy guidelines so that the development needs and growth of the region can be managed orderly to the benefit of the whole community.

Housing  

Two years ago the municipality officially launched one of the biggest housing initiatives the Eastern Cape has seen. Named “Siyaqale Manje” (which means “we are beginning now”), the project consisted of 8 613 units to be built across Kouga.

Today I am proud to announce that work on 2 111 of these houses started this month and that the beneficiaries will be able to move into their new homes between six and 18 months from now. 1 500 of these houses will be built in Ocean View, 391 in Kruisfontein and 220 in Pellsrus.

The past two years have been used to complete the necessary processes. Environmental Impact Assessments had to be done and a housing needs database had to be compiled. As soon as the processes for the remaining houses have been completed, the Department of Human Settlement will release funding for the construction of these houses as well.

This project once again confirms the leading role Kouga is playing in housing delivery, a fact that was recognised two weeks ago when the Department of Human Settlements named Kouga the best-practice municipality in the Eastern Cape for housing delivery. Two years ago the municipality received the prestigious Eastern Cape Govan Mbeki Housing Award.

With the housing backlog in Kouga estimated to be about 10 800, Siyaqale Manje is expected to cut this backlog by 80%. Our target, however, remains 100%. Consequently, the municipality’s housing unit is already working on plans to ensure decent housing is provided to the outstanding 20%.

One of these plans is the creation of rental stock for those who earn less than R3 500 per month but do not qualify for a housing subsidy. The Department of Human Settlements has already chosen Jeffrey’s Bay and Humansdorp for two rental stock pilot projects. Work on 300 units in the Ocean View/C-Place area is expected to start in May at a cost of R69-million. Work in Kruisfontein will begin as soon as the necessary environmental processes have been completed.

The name “Siyaqale Manje” is deceptive because these are by no means the first houses Kouga will be delivering to our communities. Over the past five years 2933 RDP houses have already been completed at a cost of R140,5-million.  while remedial and SCCA work has been completed on a further 1 946 units at a cost of R26,5-million. A further 208 units are also already under construction in Kruisfontein, with 77 already having been completed. The total cost of this project is R13,8-million.

 Protection Services

·         The Kouga Traffic Department has grown from strength to strength over the past five years, as proven by the recent holiday season. No serious accidents happened on Kouga’s roads thanks to the vigilance of our traffic team. In the municipality’s continued bid to save lives, a zero-tolerance approach to traffic offences have been adopted this year. Two fines of R5 000 were issued in February to drivers caught doing more than twice the speed in a 60km/hour zone.

·         Based in Humansdorp, the Traffic Department improved its service to the public over the past five years by opening a driver’s licence centre at Hankey.

·         The hours of both the Humansdorp and Hankey centres were extended to include Saturdays. New technology was also introduced to speed up the service to drivers applying for the renewal of their licences.

·         The Kouga Fire Department, based in Humansdorp, was also strengthened over the past five years through the acquisition of new fire-fighting vehicles. Satellite stations were also established at Jeffreys Bay, St Francis Bay and Hankey to improve on the response times to these areas.

·         The Disaster Management Unit has over the past five years assisted hundreds of residents left destitute due to fire, floods or other natural disasters. A Disaster Management Plan is in place and was reviewed in November 2010. The amended plan will be tabled for adoption to Council this year after which it will be made public.

·         Despite the vast area that needs to be policed, the Law Enforcement Unit has strengthened its presence throughout Kouga over the past year. The Unit recently acquired a truck for the confiscation of stray farm animals, especially where they pose a danger to road users.

·         Security has also been beefed up at all municipal units.       

Parks, Cleansing and Waste Management

·         The performance of these sections of the municipality received a significant boost in 2010 when 15 new bakkies were added to their fleet. The bakkies  have enabled staff to respond faster to call-outs. In addition, the municipality is also saving money on monthly rentals. The fact that the bakkies was purchased at a Humansdorp dealership further means that the municipality was able to plough money back into the local economy.  

·         The Kouga Municipality provides a reliable, weekly refuse collection service to both domestic and commercial properties.

·         Despite recent clean-up campaigns, illegal dumping remains a problem. The municipality will accelerate its efforts to address illegal dumping this year through awareness and clean-up campaigns as well as through improved law enforcement.

·         Kouga has made significant progress towards waste management over the past five years. It was the first municipality in the Cacadu district to adopt an Integrated Waste Management Plan (IWMP), which was used by the Cacadu District Municipality to assist other municipalities finalise their plans. It was also the first municipality in Cacadu to receive a permit for a land-fill site. In addition to the waste sites in Humansdorp and Hankey, transfer stations operate at Paradise Beach and Oyster Bay while the rehabilitation of the St Francis site will begin shortly to be replaced by a transfer station. A new transfer station is also set to be established in Jeffreys Bay to replace the C-Place station that had to be demolished due to environmental health concerns due to its location. A Waste and Environmental Manager was appointed in 2010 to ensure Kouga complies with the strict legislation governing waste disposal and the IWMP will be reviewed this year in line with the new Waste Act of 2009. This would include the introduction of recycling initiatives.

Environmental Health

Maintaining health standards in the local hospitality industry was a focus of the Environmental Health Unit during 2010. Regular inspections took place at establishments selling food. The unit also organised a workshop, presented by experts in the field, for the local industry. Under discussion were the new smoking regulations as well as ways to improve safety standards in the food industry.  

Community Facilities

·         The target of the Kouga Municipality is to ensure that all communities have access to a community hall. Thornhill residents last year became the proud owners of their own community hall, built at a cost of R3-million.

·         The maintenance of sports fields was improved during 2010 been through the appointment of caretakers.

·         The Jeffreys Bay Golf Club was given a new lease on life when the municipality renewed its five-year lease of the municipal grounds that have housed the club for more than 60 years.

·         Other highlights of the past five year have included the upgrade of the Humansdorp Sport Field.

Libraries

The Kouga Municipality operates libraries in Jeffreys Bay, Humansdorp, Kruisfontein, KwaNomzamo, Hankey, Philipsville, Weston, Patensie, Ramaphosa Village and Loerie.

Highlights of 2010 were the launch of a mini-library for those with visual impairments at the Humansdorp Library. This mini-library was officially opened by the Eastern MEC for Sports, Recreation, Arts and Craft, Xoliswa Tom, in February this year. Both the Humansdorp and Ramaphosa Village libraries were also upgraded during 2010.

Further highlights of the past five years have included the introduction of free internet access at libraries to members.

Primary Health Care

The year 2011 marked the end of an era for Primary Healthcare in Kouga. All clinics in the region, which had previously been under the management of either the Kouga or Cacadu Municipalities, have been fully provincialised and are now managed by the Department of Health in line with their legislative responsibilities.

The new clinic at Andrieskraal, which had been built by the municipality, was also transferred to the Department.

The Kouga Municipality will continue to support local health campaigns such as the provincial HIV/Aids Day event which was held at Humansdorp on December 1 last year.

Cemeteries    

There is a need for more cemeteries in Kouga. An assessment of the area’s cemeteries was completed last year and land was identified in Hankey and wards four and five, Humansdorp, for the development of new cemeteries. The public participation process will take place over the next three months as part of the required Environmental Impact Assessments.

The upkeep of existing cemeteries was one of the concerns raised by communities during the Executive Outreach at the end of 2010. The cemeteries in Weston, Centerton, Kruisfontein and KwaNomzamo were subsequently cleaned up and an action plan will be drawn up to ensure they are kept in a good condition.

Beaches

It was with great disappointment that Kouga learnt of the Blue Flag committee’s decision to strip Dolphin Bay in Jeffreys Bay of its Blue Flag status in December 2010 due to the problems at the nearby La Mer Sewerage Pump Station.

The decision was all the more disappointing because the committee conceded that Dolphin Beach still complied with the requirements for Blue Flag status, including water quality. Instead, it was the ongoing bad publicity drawn by the problems at the pump station that had forced them to revoke the beach’s Blue Flag status.

The municipality respects the committee’s decision, however, and has already investigated ways to minimise the risk of sewerage spills at La Mer, especially at peak holiday times. Funding options are now being explored.    

Education

Education is not a core function of the municipality but the institution has never hesitated to assist local schools where possible. This assistance includes the tidying up of sports and playing fields at schools in disadvantaged areas on a quarterly basis. Transport for learners who are unable to get to schools are also provided when funding is available.

The municipality has over the past five years actively lobbied the Department of Education to improve the conditions of local schools and to build new schools to cater for the growing number of learners in the area. Land has already been donated by the municipality for a high school in Jeffreys Bay and land has been secured for a new primary school in Sea Vista.

The municipality this year started upgrading the dilapidated structure of Patensie High School following numerous unsuccessful please to the Department of Education to attend to the condition of the school as a matter of urgency.

The municipality also started an external bursary programme as part of its commitment to empowering young people. Forty-three matriculants and students  received bursaries of between R 2500 and R12 500, depending on the qualification they were studying towards, in 2010. The focus of the programme is on encouraging young people to acquire scarce skills such as engineering and urban development.

  

Sports Development

South Africans are a people who are passionate about sport. The Kouga Council is no different and have over the past five years supported the development of sport at a grass-roots level through the introduction of an annual Mayor’s Rugby and Soccer Cup. Congratulations once again to Kruisfontein United and the Loerie Super Eagles who were the champions of the 2010 Mayor’s Rugby Cup and Mayor’s Soccer Cup respectively.

The Kouga region has further become a favourite venue for regional and provincial sports events and tournaments, with the municipality providing logistical support.

And, while Kouga did not have the pleasure of hosting any of the 2010 Fifa World Cup matches or practice session, the 2010 fever was alive and well throughout the region. Municipal employees and residents proudly wore Bafana Bafana’s colours every Friday in the build-up to this soccer spectacular while the municipality organised Public Viewing Events at ten venues across the region. 

LOCAL ECONOMIC DEVELOPMENT

The role of municipalities in Local Economic Development (LED) is to create the right conditions for private developments to take place.

The Kouga Council has over the past five years embraced this role whole-heartedly, resulting in tremendous economic development and job creation. The building industry boomed thanks to thousands of new residential units being built. Massive new shopping centres were also constructed, creating sustainable employment for hundreds of residents. Among the success stories have been the Fountains and Equinox Malls in Jeffreys Bay, and the Village Square in St Francis Bay. Kouga further took full advantage of the golf estate craze, with the St Francis Links at St Francis Bay and Zwartenbosch Golf Estate at Humansdorp leading the way.

Backed by an LED Plan, the LED Unit of the municipality focused on developing small business entrepreneurs, particularly from disadvantaged areas. Entrepreneurs received training in various aspects of running a business, from writing a business plan and establishing cooperatives to applying for funding and complying with government’s supply-chain procedures.

Office space was made available to SEDA at the Kouga Cultural Centre so that communities would have easy access to business advice.

Job creation projects were also initiated. These included a basket-weaving project in KwaNomzamo, leather work in Loerie, brick-making in Hankey, fabric painting in Kruisfontein, ceramics in Weston and sewing initiatives throughout the region. 

A highlight of 2010 was the establishment of SMME Forums in all ten Kouga wards. These forums serve as a networking and support platform for local entrepreneurs.

The municipality has also over the past five years built a solid working relationship with the Kouga Development Agency (KDA) and has been helping the agency to draw up a database of the area’s SMMEs and unemployed. The database will be used to ensure that as many locals as possible benefit from the development projects KDA has in the pipeline.

The municipality has also been assisting KDA with plans to rejuvenate the Jeffreys Bay Central Business District (CBD) to boost economic growth. A draft proposal was presented to stakeholders for inputs at the beginning of the year and the final proposal is now being finalised so that funding can be sourced.

Tourism remains one of the greatest potential job creators in the Kouga region. Over the past five years good progress has been made to unite tourism organisations across Kouga so that the area’s diverse attractions could be marketed as one package. A joint Kouga website, DVD and brochure have already been created. The Kouga Municipality also facilitated the establishment of the Kouga Local Tourism Organisation in 2009 which brought all tourism offices in the region under one umbrella. A dedicated Tourism Unit was established as part of the municipality’s Strategic Services Unit in 2010 so that the municipality could offer greater support to the tourism industry.

The past five years have further seen the launch of one of the most talked-about tourism projects in Kouga - the Sarah Baartman Centre of Remembrance. A joint initiative of the municipality and the Department of Arts and Culture, the Centre will be built on land adjacent to the hill where this famous Khoisan icon lies buried. Architects were invited to submit designs for the Centre in 2009 and the winning design was unveiled at a massive Women’s Day function at Hankey last year.

Also of importance to the local tourism industry was the twinning agreement concluded between Kouga and Ubatuba, a municipal council in Brazil.

Local communities have been reaping the fruit of rural and agricultural development thanks to the support of the Kouga Municipality. The municipality is currently assisting emerging farmers to conclude production sharing agreements with a massive new tomato paste processing factory at the Coega Industrial Zone. In addition to land and skills development, more than 100 jobs are expected to be created this year in the pilot phase of the project.

FINANCIAL VIABILITY AND MANAGEMENT

The year 2010 started on a high note when the municipality received its first unqualified audit report from the Office of the Auditor-General for the 2008/09 financial year.

A Supply Chain Management Unit and Risk Management Unit were established as part of the municipality’s commitment to comply with legislation and to fight fraud and corruption.

The devastating after-effects of the worldwide economic recession were, however, starting to take hold of the region. Businesses struggling to survive financially had to close their doors and job losses escalated.

This, in turn, had an impact on the anticipated income of the municipality as an increasing number of residents and businesses were unable to pay their municipal accounts. This also affected the municipality’s plan to alienate land to fund its capital budget because prospective buyers were unable to submit market-related tenders to acquire the land.

Stricter financial controls were subsequently implemented so that basic service delivery would not suffer as a result of the loss in income. This included cutting back significantly on overtime and introducing new strategies to deal with after-hour service requirements  in a more cost-effective manner.

      

A Revenue Protection Forum has since been established. The Forum consists of officials from all municipal directorates. Its aim is enhance the municipality’s income without overburdening residents and to identify and implement cost-saving measures. A full assessment of the municipality’s revenue section is currently underway and will be followed by an assessment of the expenditure section.

Thanks to this careful financial management an adjustment of only R18,2-million was required for the 2010/11 expenditure budget. This decreased the total amount of money available to fund operations and projects from R447,2 million to R429-million. 

Statistics at the end of February indicate that the financial position of the municipality has already started to improve. 57% of the operating budget has been billed and the R203-million expenditure incurred during the first half of the 2010/11 financial year has been fully funded. Stricter credit control measures have also seen the payment of accounts increase to 87%.        

 

However, we are not clear of the woods yet.

While there are residents and businesses who are genuinely struggling to afford their municipal accounts, it is alarming how many account holders who can afford to pay, don’t.

We would, therefore, like to appeal to residents to act responsibly for the sake of service delivery and to pay their accounts. We further urge those residents who genuinely cannot afford to pay their accounts to visit our finance directorate so that we can make a plan together. The municipality has been strengthening its credit control section and services to both residential and commercial properties will be cut if accounts are left unpaid.

The finishing touches are also currently being made to a Financial Recovery Plan for the municipality. All municipal directorates are involved in drawing up the plan which will shortly be submitted to Council for adoption.

Residents are also reminded that the deadlines for the 2011/12 budget have been brought forward because of the local government election taking place on May 18. A Council usually has until May 31 to adopt a budget for the new financial year, which starts in July. National Treasury, however, recommended that municipalities finalise their budgets for 2011/12 by the end of April due to concern that there would not be sufficient time for the new Council to complete the necessary internal and external processes before May 31.

HUMAN RESOURCES AND ORGANISATIONAL MANAGEMENT

Significant strides have been made over the past five years to ensure that all staff matters comply with legislative requirements. An approved organogram is in place and staff are recruited in strict accordance with legislative and policy requirements.

Good labour relations are encouraged through the Local Labour Forum which meets monthly.

In an effort to boost staff morale and performance, an Occupational Health and Safety Unit was established in 2010 to look after the well-being of staff. The unit finalised an Occupational Health and Safety policy statement towards the end of 2010. The statement is on display at municipal units and is an important first step towards finalising our Occupational Health and Safety Policy.

Another early achievement of this Unit was the launch of an Employee Assistance programme, which gives municipal personnel access to free, confidential counselling about work or personal matters.

Performance Management continues to be fine-tuned. Agreements and Performance Plans are in place with the Municipal Manager and each of the Directors. Performance evaluations are conducted on a quarterly basis. These evaluations are not simply a review of what had been accomplished but also focus on the improvement of performance.

Kouga’s approach to improving performance has been the development of employees through job-related training interventions. Employees have been exposed to training interventions across the full scope of municipal operations over the past five years, resulting in an improvement of their overall performance. The next step is to cascade the Performance Management System down to all other levels of staff, from managers to general workers.

The municipality will also be conducting an operational work study this year. Funded by the Development Bank of South Africa, the study will assess the effectiveness and productivity of staff in their current positions. The study, which has already been discussed with the unions, will be used to restructure the institution to maximise productivity as part of our commitment to service excellence. 

CONCLUSION

     

Looking back at the past five years it is clear that we, as a Council and a community, have good reason to celebrate our municipality and the progress that has been made towards fulfilling our developmental responsibilities.

Madam Speaker, on a day like today I do not wish to dwell on the destructive negativity that has beset sections of our community, particularly over the past year, but I would like to end off with a quote from South African businessman and social commentator Jarred Cinman which speaks directly to them:

“Saying negative, depressing, pessimistic stuff about South Africa is of absolutely no help to anyone. It’s a cynical form of entertainment that lubricates the otherwise dull days of middle-class life. It’s so obscenely ingrained in our culture that it’s become a social disease ... Basically, I’m saying this: Get over your negativity. I’m excited and happy to be here. Come join us in the light.”

I thank you.

Swartlys van korrupte amptenare kom

Kaapstad - Korrupte munisipale amptenare gaan voortaan ingevolge wetgewing ’n dekade lank op ’n swartlys kom.

Die aanvanklike voorstel was dat munisipale amptenare wat weens finansiële wanbestuur, bedrog of korrupsie afgedank word minstens vyf jaar daarna nie by ’n munisipaliteit mag werk nie, maar dié tydperk is gister op aandrang van ANC-parlementslede tot tien jaar verleng, berig Beeld.

“Dit sal die boodskap tuisbring dat korrupsie onaanvaarbaar is,” het mnr. Lechesa Tsenoli, ANC-LP en voorsitter van die parlementêre portefeuljekomitee oor samewerkende regering, gesê.

Mnr. James Lorimer (DA) wil hê die verbod moet permanent wees.

Mnr. Mandla Mandela (ANC) het aangevoer korrupte munisipale amptenare moet “minstens” tien jaar lank nie weer ’n voet naby munisipaliteite sit nie. “Gewone mense moet vir ewig met die stigma saamleef as hulle aan korrupsie skuldig bevind is. Ek kan nie insien hoekom amptenare anders behandel moet word nie.”

’n Bepaling om korrupte amptenare op ’n swartlys te plaas is vervat in die Wysigingswetsontwerp op Munisipale Stelsels wat voor die plaaslike verkiesings op die wetboek sal wees.

Die wetsontwerp vereis dat munisipaliteite rekord hou van tugoptrede teen amptenare en diegene wat weens wangedrag afgedank word. Ook die minister word verplig om ’n sentrale databank van afgedankte munisipale amptenare saam te stel, asook van diegene wat bedank het voordat die tugoptrede afgehandel is.

Munisipaliteite moet die databank of swartlys raadpleeg voordat aanstellings gemaak word.

Wat sê die prokureur?

Hieronder nota’s wat deur Willie Spies beskikbaar gemaak is vir die program “ Wat sê die prokureur” wat nou al tweekeer op RSG uitgesaai is vir u kennisname.

1. Mens hoor deesdae oral van swak dienslewering, diensteproteste en belasting weerhouding, wat is die regte van ‘n belastingbetaler en en plaaslike gemeenskap?

Belastingbetalers het inderdaad regte en so ook plaaslike gemeenskappe. Die grondwetlike bedeling en ook die munisipale bedeling wat aan die hand van veral drie wette die Munisipale Strukture Wet, Die Munisipale Stelsels Wet, Die Munisipale Finansiele Bestuurswet gereguleer word is vol voorbeelde van van regte waaroor gemeenskappe en belastingbetalers beskik.

Die belangrike is dat daardie regte opgeneem word.

2. Wat is daardie regte?

· Die mees voor-die-hand-liggende reg wat ‘n belastingbetaler het, is stemreg in algemene verkiesings en tussenverkiesings.

· Elke vyf jaar kry kiesers die geleentheid om vir die kandidate en partye van hulle keuse te stem. In teorie kan kiesers dus reeds op [stemdag] wanneer daar ‘n algemene verkiesing vir plaaslike owerhede plaasvind stem vir die party van hulle keuse. As die regerende party in jou dorp nie dienste gelewer het nie, behoort hy vervang te word.

· Ons weet egter dat die praktyk in ons land tans ongelukkig nie altyd so is nie. Omdat mense nog stem volgens die verdelingslyne wat gevestig is in die jare van apartheid en die bevrydingstryd, lyk verkiesings gewoonlik tot ‘n groot mate na etniese sensusse. Voorbeeld Standerton. Ons moet dus aanvaar dat verkiesings alleen nie die enigste manier is om die bestuur van ons dorpe en stede te beinvloed nie die ander meganismes is: -

o Gemeenskappe kan hulleself organiseer in belastingbetalersverenigings en inwonersverenigings. Hierdie organisasies mag verteenwoordiging kry op wykskomitees wat geken moet word oor besluite van rade wat betrokke wyke raak.

o Die grondwet en ook die Stelselswet, die Munisipale Finansiele Bestuurswet en die maak voorsiening vir openbare deelname oor belangrike besluite.

o Elke jaar moet die begroting goedgekeur word na ‘n proses van openbare deelname. Daardie proses bevat spesifieke vereistes waaraan voldoen moet word –

§ Begroting ter tafel gelê in raad;

§ Gemeenskap, provinsiale en nasionale tesourie moet uitgenooi word om kommentaar te lewer;

§ Kommentaar moet oorweeg word;

§ Wysigings moet aangebring word om waar moontlik insette te akkomodeer;

§ Moet in lyn wees met riglyne deur nasionale tersourie neergelê;

o Indien ‘n begroting sekere blatante foute bevat of in sekere opsigte irrasioneel is, en daar nie aandag geskenk is aan die insette van ‘n plaaslike gemeenskap / belastingbetaler nie, is so ‘n begroting vatbaar vir geregtelike hersiening.

· Spoliasie

· Die grondwet gee ook sekere regte aan inwoners / belastingbetalers.

o Gelykheid – stadsraad mag nie teen seker belastingbetalers diskrimineer op grond van ras geslag en dies meer nie (art 9);

o Omgewing wat nie skadelik is vir gesondheid en welsyn nie (art 24);

o Eiendomsreg (art 25);

o Behuising (art 26);

o Voedsel en water (art 27(b));

o Billike administratiewe optrede (art 33).

3. Hoe word regte uitgeoefen

Eerstens deur gebruik te maak aan die deure wat die grondwet en ander wette open –

· Stem in verkiesing vir wykskandidaat en party wat jou die beste gaan verteenwoordig;

· Hou verkose verteenwoordigers verantwoordbaar;

· Raak betrokke by wykskomitee verkiesings en neem deel aan vergaderings;

· Vorm ‘n belastingbetalersvereniging en tree kollektief op (saam is ons sterker);

· Beroep jou op op die howe.

4. Sekere gemeenskappe weerhou belastings, is dit wettig?

Belasting word dikwels deur desperate belastingbetalers weerhou en in ‘n aparte trustrekening inbetaal, nadat ‘n dispuut met die plaaslike owerheid ingevolge Artikel 102 van die Munisipale Stelsels Wet verklaar is. Die geldigheid van die argumente wat belastingbetalers oor die verklaring van dispute kragtens artikel 102 lewer moet egter nog in die howe getoets word.

Art 102 bepaal bloot dat die munisipaliteit nie verskillende komponente van ‘n munispale rekening te wete belasting, elektrisiteit, water en vullesverwyderiing mag konsolideer indien daar ‘n hangende dispuut tussen die belastingbetaler en die munisipaliteit is nie.

Waar gemeenskappe dan kollektief ‘n “dispuut” verklaar, en die belastingkomponent van hulle rekeninge weerhou of wegkanaliseer, meen hulle dan dat die stadsraad nie die gebruiklike invorderingsmetodes soos afsny van elektrisiteit of water mag gebruik as die water en ligte komponent van die rekening wel op datum is nie.

Wanneer ‘n munisipaliteit dit wel waag om krag af te sny, bring die betrokkenes ‘n tipiese spoliasie-aansoek in ‘n landdroshof teen die stadsraad om die afsny van water of krag te verbied of heraansluiting te gelas.

Die vertolking van art 102 is nog nie in besonderhede in ‘n Hooggeregshof getoets nie, behalwe aspekte daarvan deur Regter Bertelsmann in die saak van die Pretoria Belastingbetalersvereniging v City of Tshwane (ek sal uitwei oor die saak in die gesprek)

Gevolgtrekking – weerhouding van belasting dalk ‘n bedingingsinstrument en politieke oefening, maar waarskynlik onwettig. Dit is vergelykbaar met die “defiance campaign” van die bevrydingsbewegings in die apartheidsjare – nie wettig nie, maar wel ‘n kragtige mobiliseringsinstrument.

Prokureur sal egter (anders as ‘n politikus) nie ‘n klient kan adviseer dat belastingweerhouding ‘n wettige praktyk is nie.

5. Kan gemeenskappe self ‘n riool-installasie regnmaak?

Die antwoord is “ja” met sekere kwalifikasies. Hier sal ek die tersaaklike beginsels van saakwaarneming bespreek en een of twee tersaaklike hofsake verduidelik.

6. Kan die owerheid water en ligte afsny om betaling af te dwing.

Algemene praktyk. Artikel 102 van die Stelselswet is hier ter sprake. Mandament van spolie ook relevant. Ek sal uitbrei oor die tersaaklike beginsels.

7. Wat bly oor vir belastingbetalers?

Organiseer in plaaslike strukture – beding kollektief. Probeer sover moontlik opbouende rol speel om dienslewering te verbeter. Munisipale Strukture wet en Stelselswet erken die moontlikheid dat plaaslike gemeenskappe vennootskappe met munisipaliteite kan vorm en sogenaamde “munisipale entiteite” kan vestig wat diensvlak-ooreenkomste met stadsrade kan sluit om saam met hulle op te tree en dienste gelewer te kry – dit is die rigting vir die toekoms.

Die suksesvolle litigasie teen munisipaliteite is meestal nie die sake wat op verhore en hofuitsprake uitgeloop het nie, maar eerder die wat op skikkings uitgeloop het. Met ‘n goeie skikking kan jy dikwels op baie meer besonderhede ooreenkom van dinge wat gedoen moet word as met ‘n blote hofbevel.

Omdat howe nie die werk van uitvoerende geag kan oorneem nie – is die trefwydte van suksesvolle hof aansoeke dikwels beperk.

Litigasie moet dus as bedingingsinstrument eerder as ‘n doel opsigself gebruik word, partykeer mag dit selfs beteken dat strafregtelike stappe geneem moet word teen ‘n munisipale ampsdraer ingevolge tersaaklike bepalings van die Waterwet of die Omgewingswette, maar dit moet nooit die doel opsigself word nie.

Die doel moet wees om skikkings te vind wat vir belastingbetalers en gemeenskappe moontlik maak om met eer uit die stryd te tree en vordering te maak.

Die antwoord is dus aktiewe, betrokke gemeenskappe wat verkieslik goed georganiseerd en oplossingsgerig optree. As individu staan jy dikwels alleen, maar as ‘n georganiseerde gemeenskap kan jy sterk staan, hulpbronne saamsnoer om regskostes te bekostig en vorentoe beweeg.

Hoop dis in orde.

Willie Spies

Hurter Spies Ing / Inc

Grond Vloer / Ground floor

Suid Blok / South Block

Solidariteitpark / Solidarity Park

Eendrachtstraat / Street

Kloofsig

Centurion

Tel: 012-664-0708

Fax: 012-644-1997

e-pos/e-mail: willie@hurterspies.co.za

Direct Democracy in Action

This posting is from Jim Powell.

The elections give us the opportunity to take control of our Ward Councillors

Encourage your members to only vote for the candidate who signs a commitment similar to below:

Below is the suggested commitment by the candidate to the voters in the ward. Knock it about and modify it as you see fit but get the commitment from the candidate or all candidates in your ward. It is very difficult to get the voters to vote in an open, not secret, petition against a representative.

Direct Democracy in Action

How to ensure that your councillor is directly responsible to the electorate after the 2011 municipal elections

If you want more control over the day-to-day running of your town or city, you need to ensure that ward councillors can be held to account by the people who voted them into office.

So, during the election campaign for the upcoming municipal elections, ask your selected candidate to sign the following social contract as a commitment to direct and measurable democracy:

I, (candidate), acknowledge that I am effectively an employee of the voters, since it is the voters who elect  ward councillors into office and who, through payment of their rates and taxes, pay the salaries of all local government officials.

I therefore commit myself to direct democracy in the following ways:

·         I commit to regular and effective consultation with the voting public through public meetings and continuous communication with local residents’ associations and community groups.

·         I agree to vote in Council in accordance with the wishes of the voters, who may from time to time be polled by means of a referendum similar in format to that used for Council petitions.

·         I commit to ensuring that the wishes of my constituency are effectively communicated and advocated for in Council and at all levels of local government.

·         I commit to ensuring that the by-laws are upheld and that service delivery is efficient and effective.

·         I commit to being held accountable for my performance by the voters.

I further agree that the voters in my ward should be able to remove me from office. Should 25% of the number of voters who voted in my constituency in the election that voted me sign an open petition to have me removed from office, I will comply with their wishes and resign. A petition of this nature may not, however, be initiated within 6 months of me taking office or when an election date has been set and may not continue once an election date has been set.

Should I not follow the results of a recall petition or should I refuse to resign as required by the recall process, I will donate R100,000 to the community, for use in the community in a way to be decided by the voters in my ward.

Signed _____________(Community Organisation)

Signed______________(Candidate)

The politician might ask “don’t you trust me?”

The reply is “Only if you commit yourself to control by your employers, the voters before the election.”

Regards

Jim Powell

Letter to Local Government MEC from FEKRRA

28^th November 2010

MEC Sicelo Gqobana

Dept of Local Government & Local Affairs

Private Bag X0035

BISHO  5605

Dear Sir,

Re: The Requested Interventions in Kouga.

Firstly I would like to thank you and your team for once again visiting Kouga and your attempts to help rectify the issues as highlighted in the reports submitted to you by the St Francis Ratepayers Association and by FEKRRA.

Sadly, you and your team experienced what Ratepayers and Residents experience on a regular basis namely that Officials and Councillors from Kouga either arrive at meetings very late or as often happens, they simply do not arrive. Even more distressing is when meetings are scheduled weeks ahead of time and then cancelled on the morning of the meeting by the Mayor or Officials. Ratepayers, Civics and Residents also have full schedules and when meetings are cancelled this causes tremendous disruptions.

Honorable MEC, Ratepayers however need to point out a number of shortcomings in the process to date. These shortcomings have resulted in many of the highlighted issues not being discussed, properly analyzed and thus not addressed. As such Province has yet to understand the magnitude of the problem we are facing and the likelihood that the Kouga Municipality will once again ignore the latest attempts to rectify the current critical shortcomings in its administration. Ignoring these issues will most certainly lead to conflict.

Firstly the proposed feedback meeting to Ratepayers and Residents scheduled for the 15^th of November did not take place. At this meeting your team would have reported preliminary findings to Ratepayer Associations. Province and Ratepayers would then have been able to discuss the merits of the Municipality’s  responses. This would have enabled all of us to formulate appropriate action plans and if need be, request feedback from the Municipality. As this did not happen, delegates to the latest meeting held on the 25^th of November, went into the meeting unarmed to deal with specific issues or discuss the expected responses to the issues supplied by the Municipality.

Secondly Ratepayers and Provincial teams needed to be properly briefed as to the purpose of each meeting prior to these meetings taking place. This would have resulted in better focus and quicker formulation of solutions. For example what Ratepayer Associations expected to be a feedback meeting from Province on the 23^rd of November turned out to be a meeting about Valuations. Fortunately we were able to cover a lot of ground and reach agreement.

Thirdly the most crucial observation regarding the process is that the feedback reports must be handed out prior to the meeting, so that delegates have time to analyze the findings. They would then have been able to focus on specific issues and make meaningful contributions during the meeting.

At the meeting of the 28^th of October, eight key resolutions were tabled. Of these eight issues we appear to be heading towards resolution on three of them namely:

The valuations issue where a compromise has been agreed to, namely that a supplementary valuations role will be undertaken.

The Ward Committee issue, where it was confirmed that apart from one Ward, the other wards were not functioning correctly. This issue will however now receive attention.

The Limited access to the Oyster Bay beach. Progress also appears to be being made on this issue.

With regards to the SIU investigations, it was our understanding that this would be one of the matters discussed at the November feed-back. Now the SIU are only  expected to table a report to the KM on December the 18^th. At this time the report will be made available to the Ratepayers. This report would be discussed at the next Council meeting and the KM would “develop an attitude” with regards to the report. Ratepayers would then be able to respond to the KM. This report is of extreme importance as many instances of wrong doing need urgent attention.

Feedback with regards to the substance of the information gathered from the Kouga Municipality.

As promised, I am providing you with feedback with regards to the substance of the information gathered from the Kouga Municipality by your teams in response to Ratepayers concerns. It is here that Ratepayers have our greatest reservations. The “thick report” handed to me by the DDG (Deputy Director General) concerning the Auditor General’s Report was simply a Photostat of the sections that Ratepayers asked Province to look into. Here ratepayers would like answers to the numerous questions posed by the AG and would like to know how many of these problems have already been addressed. Sadly it appears that there is no understanding or analysis of the figures by those tasked to compile the information. Once again the hard questions are not being asked. For example none of the questions being asked by the AG are being followed up on. It appears that the KM has also not supplied Province with the answers. See AG report pages 1 to 21.

Mr. Gqobana with regards to this key resolution namely the Auditor Generals Investigation Report, here are examples of a list of obvious questions we would have expected Provincial Officials to ask on behalf of residents. Unless this type of question can be answered convincingly by the KM what confidence can ratepayers have that the KM is taking Province’s intervention seriously?

·         Unauthorised expenditure amounted to R2 million during the 2008/2009 accounting period. What measures has KM already put in place so that this can not happen in future? Give examples.

·         Fruitless and wasteful expenditure amounted to R24,8 million. In the current year it appears as if many of those issues have still not been addressed. How have they been addressed? Who will be held accountable? What has the Mayor, MM and the CFO committed to doing in order to address these issues? Ratepayers want answers.

·         Irregular expenditure amounted to R37 million due to non-compliance with the MFMA and many supply chain management deviations. According to the press and recent disclosures these issues continue unabated. What is the actual state of affairs and who will be held accountable should there not be a marked improvement?

·         Have the issues of the landfill sites been resolved and are the landfills being legally run at present? Is the Municipality liable for any fines?

·         There were 22 cases of non-compliance with applicable legislation listed by the AG in his report. What steps have each of the Departments put in place to ensure compliance? What steps will be taken should those responsible not ensure that legislation is complied with? Who should be held accountable?

·         In Matters of Governance a number of key governance responsibilities are listed by the AG. The KM did not comply with most of them. Have specific individuals been tasked with each of these responsibilities and if so which individuals?

·         Many investigations were undertaken with regards to irregularities. What action has been taken in each of these investigations? If action has not taken place why not? If staff are still on suspension how come? What will be done in future to ensure that lengthy costly suspensions do not occur and that the process is speeded up?

·         Overtime was highlighted as a problem. What measures have been put in place to curb overtime and how successful have they been?

·         Has a separate performance audit committee been put in place? If so please show us the performance standards and how performance of staff members is currently being tracked.

·         Have all the suspended officials highlighted in this report been dismissed or reemployed? If not why not and who is being held accountable for this loss of municipal funds?

Mr. Gqobana it appears that the Municipality was not asked to answer this type of question and as such ratepayers are no closer to feeling more comfortable that critical issues of governance are being addressed.

With regards to the findings of the official Audit Committee another set of questions arises that needs to be explained by the KM.

·         Has the need for investigations into the KM decreased since the last damning report finding?

·         Is the Audit Committee meeting on a regular basis?

·         Is the Audit Committee now being presented with the reports and information that they request from the Municipality?

·         Have the deficiencies in internal controls relating to risk management and compliance with applicable laws and regulations, as highlighted by the Audit Committee, been addressed?

·         Have officials now significantly addressed the deficiencies addressed in the prior years audit findings?

·         Are information systems now in place to adequately facilitate the preparation of financial statements?

With regards to HR issues Ratepayer Associations were informed that Mr. Dlulane was busy collating information on HR matters and the Department would respond when the report was finalized. As highlighted by ratepayers, the excess number of staff employed by the Municipality was of grave concern as this was a huge component of the cost structure in any organization. Unless these expenses were brought in line and Municipal staff was properly utilized, rates would continue to escalate to the point that ratepayers would not be able to afford their rates and taxes. This was something that was already beginning to happen due to the depressed economy. Ratepayers are eagerly awaiting this HR report and trust that it contains meaningful analysis.

The next key resolution was with regards to Disaster Management and Recovery Funds paid over to the KM. Were these funds paid out and utilized correctly?

Once again the information provided raises more questions than it does to supply ratepayers and residents of Kouga with answers. Once again it appears as if the proper analysis has not been done and as yet the Municipality has not provided Province or residents with answers.

Please take note of the following very serious flaws:

·         The amounts spent with various contractors were far in excess of what was budgeted for the jobs. It appears as if contractors like Amaboko, Prodical  Son and the Municipality were allocated funds in excess of what was stipulated in the budgets. For example Amaboko was budgeted to receive R1, 689, 255 of work but was paid R2, 469, 647 while Prodical Son was budgeted to receive R300, 145 but was paid R 992, 722. How is this possible? What makes these figures even more unbelievable and proves that no analysis has been done on them is that in the so called proof of payment supporting documents lists entirely different payouts for Amaboko namely

R1, 910, 244 and an even more out of line payment to Prodical Son of R 1, 598, 585!!

·         Certain Geographical areas were neglected and did not get their correct allocation of funds despite the submissions made by Ratepayer Associations in conjunction with Bigen Africa in order to justify the allocation of these funds. These funds were however diverted to the above mentioned contractors far in excess of the value of the jobs done. Surely this should have spotted if a proper analysis was done? For example the greater St Francis area was budgeted to receive R3, 790, 000 but was only allocated R1, 838, 202! Note that if for any reason these funds were not allocated to the St Francis Bay area then they should have been returned to Province, not simply spent in other areas without the proper motivation to Province. For the record dangerous life threatening drainage problems have not been addressed in the greater St Francis Bay area and we would like it placed on record that Province and the Municipality should intervene or be held liable in the event of future storm damage or loss of life in this area. In the report the St Francis Bay area is highlighted as a “hotspot” due to the fact that it has been built on a fine grade of soil susceptible to erosion and that the storm water management system needs to be upgraded to ensure that weakened foundations and possible structure failure is prevented. This has not been done.

The next key resolution was that pertaining to the Declaration of dispute against the Kouga Municipality. It was agreed that Residents in St Francis Bay would not withhold rates until Province and the Kouga Municipality had time to display that the highlighted matters discussed and submitted by Ratepayers and Residents were being addressed. As per the above it can seen that ratepayers and residents need far greater assurance that the KM is taking the matter seriously. Attached you will find a copy of the latest report on the Kouga Municipality that appeared in our local News Paper. It appears as if the KM is insolvent even before ratepayers have started withholding rates. Surely it would be unwise for ratepayers to continue to paying into a “bottomless pit” without Ratepayer Associations receiving the assurance from Province and the KM that their finances were being properly controlled? Until ratepayers feel sure that some meaningful progress has been made on all the issues we uphold our right to take whatever action we feel is appropriate.

The next key resolution was Ratepayers participation in the IDP and Budgeting process. It was decided that the meeting of the 2^nd of December with the District Municipality was possibly not the correct forum for ratepayers to participate in. Ratepayers would be informed as to when and how they would be allowed to participate in these activities during the next year.

Finally it is with concern that Ratepayers and Residents of Kouga have learnt of your move to the Department of Health. Moves like this disrupt momentum and aggravate the already very trying situation within the Eastern Cape. We wish you well in your future assignment and hope that the DDG and your successor places emphasis on the above matters which as we all know, have reached critical proportions.

It would be appreciated if the Deputy Director General (DDG) Mr. Mzimasi Mangcotywa could keep us all informed as to the progress being made and provide us with the SIU report as soon as it is made available to the KM. As agreed the DDG will be custodian of this intervention and inform the new MEC as to the status of this intervention.

Thanking you.

Joe Oosthuizen.

Chairman of the St Francis Bay Residents Association and FEKRRA.

R10 million saved in Nelson Mandela Bay

The following letter is a good example of what an active and alert Residents association is capable of. In this case, a completely unnecessary expenditure of R10 million of council funds on an "Election Mobilisation" campaign was avoided, although it required a lawyers intervention to do so.

The Executive Mayor

Nelson Mandela Bay Metropolitan Municipality

Town Hall

PORT ELIZABETH

Dear Sir

We act on the instructions of the RATEPAYERS ASSOCIATION OF THE NELSON MANDELA BAY METROPOLITAN MUNICIPALITY, civic organization acting in accordance with section 5 of the Municipal Systems Act No 32 of 2000.

This letter is addressed to you in your official capacity and for the attention of all the members of the Municipal Council.

Our client has noted various announcements regarding your council’s “resolution” on Thursday 24 February 2011 to vote an amount of R10 million to implement a 2011 municipal election mobilization programme, including a circular on “Groupwise” to all staff and councilors, a formal press release by the municipal spokesman and subsequent media stories. 

Please take note that our client believes that the purported “resolution” was not in fact carried, given that after the votes were cast and counted, the Speaker ruled that the resolution was lost. Our client contends that once such an announcement was made and the meeting adjourned, the ruling by the Speaker stands as the official result of the voting. Neither you, the Acting Municipal Manager, nor any other official or councillor for that matter, can legally change that ruling. This is ostensibly what has happened in the instant matter.

Please note that any attempt to implement this so-called resolution, in any manner, whether by allocating funds or by procuring goods or services, would be ultra vires and we hold instructions to apply to the High Court, if necessary as a matter of urgency, to interdict any such attempt at implementation.

FURTHERMORE and in any event, our client contends that a vote to allocate the amount of R10 million (or any other amount) from the municipal coffers for the purpose afore stated, would be ultra vires the powers and duties of the Council.

It is common knowledge that this item does not form part of the budget or of any adjustment budget. It has furthermore been publicly admitted by spokespersons of the Council that the municipal budget has been over extended; it is contended that there are in fact no surpluses in any vote to fund the R10 million.

Our client has noted with concern that in the Acting Municipal Manager’s report to the Council he has sought the Council’s approval for the municipality to “provide logistical, advocacy and publicity support to the Independent Electoral Commission (IEC) in ensuring free, fair and democratic local government elections in 2011” This is stated while the IEC itself has clearly and unequivocally denied that a need for such support exists. It thus cannot by any stretch of the imagination be argued that the need for such expenditure is either unforeseen or unavoidable (the only basis provided in the MFMA for unbudgeted expenditure).

In the light of the above our client maintains that there is no basis upon which the council may legally expend any sum on “support to the IEC”. Our client has given firm instructions to us to lodge an application for a High Court interdict, should your Council proceed with this course of action,

 We are also instructed to refer you and all councillors to the provisions of the MFMA and other relevant legislation that imposes a duty on councillors and officials to act strictly in accordance with the laws pertaining to the expenditure of revenue. Our client maintains that voting an amount of R10 million (or any other sum) for this purpose, would constitute irregular expenditure. Our client wishes us to make it clear that it shall not hesitate to reclaim, on behalf of the ratepayers of the municipality, any sum regarded as irregular expenditure from the councillors and officials that are involved in the decision making, personally.

Kindly confirm by return of mail that you concede that no valid resolution exists in relation to the abovementioned purpose. In the absence of such confirmation, our client will be forced to conclude that you intend to implement as if it had been validly passed and to pursue the necessary court action.

We once again request you to bring the content of this letter to the attention of all councillors in order that they are informed of our client’s intentions. A copy of this letter will be delivered to the Acting Municipal Manager. 

Yours faithfully,

Afskeepkind kan magtige swaard word

By Japie Bosch, first published in Our Times on 3rd March 2011

Jeffreysbaai het ‘n afskeepkind. 

Almal weet van hom, maar hulle steur hulle nie veel aan hom nie.  Hy gaan maar so op eie aan.

Dié kind het nou al so hulpeloos en selfs hopeloos geword dat hyself nie meer lus vir die lewe het nie.

Eendag as die dorp hom nodig gaan hê, sal die mense hom uit die dode moet  wek, tensy hulle hom nóú in hul huise begin verwelkom.

Dis nou die belastingbetalersvereniging (BBV), of te wel die inwonersvereniging, soos hy verlede week herdoop is.

Die afgelope  paar jaar voer die vereniging ‘n sukkelbestaan.  Uit die klompie duisend mense in die dorp het hy skaars 100 lede.  By verlede week se algemene jaarvergadering was daar slegs sowat 70 lede teenwoordig. 

Uit die geledere van die teenwoordiges was daar net vier wat bereid was om in die bestuurskomitee te dien.  Ingevolge die vereniging se grondwet moet daar sewe komiteelede wees.  Só, hulle kort nog drie.  Swak, Jeffreysbaai, swak.

Dit is eienaardig.  Maar ook nie.

Dis eienaardig, omdat belastingbetalersverenigings deur die land normaalweg ‘n goeie naam het.  Hulle dien ‘n goeie doel, want hulle hou ‘n oog oor die manewales wat munisipaliteite uithaal.  Dit was so in die ou Suid-Afrika.  Des te meer nou in die nuwe Suid-Afrika.

Sê nou die burgemeester vra die vereniging:  “Wie verteenwoordig julle?  Hoeveel lede het  julle vereniging?”

As die antwoord (soos nou) is:  “Een honderd mense,” gaan hy in sy mou lag.  As die antwoord is:  “Een duisend mense,” gaan hy in sy moue en broekspype bewe.

Dit is voor-die-hand-liggend dat die kollektiewe krag van ‘n dorp se inwoners ‘n munisipaliteit opdraende kan gee.

Dis ook nie eienaardig nie dat die vereniging deur die inwoners afgeskeep word, omdat hy oor ‘n lang tydperk nie veel gedoen het om lede te werf nie.  Hy het nie sy werk, veral sy suksesse, openbaar gemaak nie. 

Het hy suksesse gehad? 

‘n Ruk terug het die regering ‘n omdraai-strategie vir munisipaliteite aangekondig.  (Nog niks het daarvan gekom nie, terloops.)  Die vereniging kort ook ‘n omdraai-strategie.

Dr Barry Vosloo, die vereniging se pas-uitgetrede voorsitter sedert Julie verlede jaar, het met ‘n reeks inisiatiewe begin.  Een daarvan was omvattende wysigings aan die grondwet wat verlede week goedgekeur is.  Hy het ook ander nuwe strukture in die vereniging gevestig. 

Hopelik sal mnr Trevor Watkins, die nuwe voorsitter, met vernuwings voortgaan.  Hy het reeds onderneem om die vereniging se ledetaal teen die middel van die jaar tot minstens 1 000 te laat groei.

Jeffreysbaai se inwoners kort ook ‘n omdraai-strategie.  Die vereniging gaan nie om sy bestuur nie  --  daardie paar wat hulle beskikbaar stel en bereid is om werk te doen.  Dit gaan oor sy lede en hul munisipale belange.

 ‘n Bewustheid van gemeenskaplikheid oor munisipale sake, veral dié wat verkeerd loop, behoort by Jeffreysbaai se mense pos te vat. 

Gebeur dit nie, gaan die vereniging sterf.

En as hy eendag regtig benodig word, gaan daar miskien niemand wees om te lei nie, want wie wil lei sonder volgelinge?

Wíl Jeffreysbaai ‘n inwonersvereniging hê? 

As die gemeenskap nie deelname toon  nie, verdien hulle nie een nie.

·      Om aan te sluit, kan u Jakkies Pieters bel of epos.  Sy besonderhede is:  042/293-2940 (huis), 083/376-6764 (sel), jakkie@ mweb.co.za.

Ledegeld is ‘n bekostigbare R40 per jaar.  Dis uitsluitlik vir administrasie.