ATC121203: Report of the Select Committee on Co-Operative Governance and Traditional Affairs on Consideration of Extension of Intervention in Indaka Local Municipality – dated 20 November 2012

Cooperative Governance and Traditional Affairs

THE FOLLOWING REPORT REPLACES THE REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE COVERNANCE AND TRADITIONAL AFFAIRS PUBLISHED IN ATC NO

THE FOLLOWING REPORT REPLACES THE REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE COVERNANCE AND TRADITIONAL AFFAIRS PUBLISHED IN ATC NO. 156, DATED 20 NOVEMBER 2012, PAGE 4771

REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS ON CONSIDERATION OF EXTENSION OF INTERVENTION IN INDAKA LOCAL MUNICIPALITY – DATED 20 NOVEMBER 2012

The Select Committee on Co-operative Governance and Traditional Affairs, having considered the directives of the National Council of Provinces (NCOP), to consider and report on the notice of extension of intervention in Indaka Local Municipality in KwaZulu-Natal Province , reports as follows:

1. Introduction and Background

1.1 On 24 November 2009, the Provincial Executive Council of KwaZulu-Natal Province resolved to intervene at Indaka Local Municipalities in terms of section 139(1 )( b) of the Constitution as a result of failures to fulfill various executive obligations. The MEC for Co-operative Governance and Traditional Affairs ( Cogta ) was authorized by the Provincial Executive to appoint Administrators at the aforementioned municipalities. The Administrators were appointed to undertake the functions in terms of section 51 of the Local Government: Municipal Systems Act (Act 32 of 2000), to establish and organize the administration in a manner that would enable the municipalities to achieve the objects of local government, as set out in section 152 of the Constitution.

1.2 On 18 July 2012, the Executive Council resolved to terminate the intervention at Okhahlamba Local Municipality , and to extend the intervention at Indaka Local Municipality for a period of 6 months, ending 31 December 2012. On 30 August 2012, the Office of the Chairperson of NCOP referred the notices of termination of intervention Okhahlamba and extension in Indaka to the Select Committee on Co-operative Governance and Traditional Affairs for consideration and reporting in terms of NCOP Rule 101.

2. Reasons for Intervention at Indaka Local Municipality

2.1 In the year ended in June 2011, the Municipality incurred unauthorised expenditure of R4.644 millions and irregular expenditure of R22.500 millions; totalling R27.2 million.

Furthermore, in January 2012, the Mid-Year Review established a number of irregular, unauthorised and fruitless and wasteful expenditure which were reported to the Council, as part of the Mid-Year Review report. The copy of the report was forwarded to the Department as part of the monthly reporting. The Administrator advised the then Acting Municipal Manager (Mr. Maphanga ) to report the said expenditures in terms of section 62 of MFMA and section 32(4) of the MFMA, to the MEC responsible for Local Government in the Province and the Office of the Auditor-General. The Administrator reported that such irregular expenditures were not reported to the MEC and the Auditor-General.

2.2 There have been various irregular financial activities resulting in an increase in unauthorized, irregular, fruitless and wasteful expenditure, which continued under the stewardship of the Administrator, without his knowledge. This reflected defiance by the administrative and political leadership of the Municipality and undermined good governance. In addition, the administrative leadership of the Municipality is still unstable with key senior positions of the CFO and Director for Technical Services remaining vacant. The Mayor and Council are still unable to exercise effective political oversight and strong leadership to promote financial prudence and good governance. Consequently, the intervention was extended at the Indaka Municipality .

3. Progress of Intervention in Indaka Local Municipality

3.1 The status on financial management was fair . The secondment of the Financial Expert from the Department of Cogta has had a major positive effect on the implementation of the Recovery Plan on financial management. The Expert together with the Administrator was in the process of reconstructing the financial records of Indaka , going as far back as 2009/10 on certain transactions to date. In addition, various financial irregularities had been reported and the intention of the Administrator was to issue civil summons to recover all the irregular and fruitless expenditure from the former Municipal Manager and affected Councillors.

3.2 The majority of priorities in respect of governance as identified in the recovery plan have been met. The Internal Auditor was effective, but was stifled by the management’s failure to either respond to the audit findings or failure to implement the recommendations. It appears that there is poor leadership in this Municipality, although all the necessary policy frameworks were in place. The problem, however, was a lack of implementation.

3.3. According to the Administrator’s assessment, the Council’s oversight and performance management and reporting, remain a concern and much work is yet to be done, despite efforts being made by the Administrator in this regard.

4. Committee Observations

4.1 The secondment of the Financial Expert from the Department of Cogta has had a major positive effect on the implementation of the Recovery Plan on financial management at Indaka Local Municipality .

4.2 Various financial irregularities had been reported in Indaka , and the Committee welcomes the intention of the Administrator to issue civil summons to recover all the irregular and fruitless expenditure from the former Municipal Manager and affected Councillors.

4.3 In addition to the consideration of the extension of intervention in Indaka Local Municipality , the administrative leadership of the Municipality is still unstable with key senior positions of the CFO and Director for Technical Services remaining vacant.

5. Committee Recommendations

5.1 The Select Committee on Co-operative Governance and Traditional Affairs recommends as follows :

5.1.1 The National Council of Provinces approves the extension of intervention in terms of section 139(1 )( b) of the Constitution at Indaka Local Municipality for a period of six months, after the adoption of this report by the Council.

Report to be considered.

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