ANC fails to take action against its own collapsed municipalities
5 March 2019
The Democratic Alliance today rejects KZN COGTA MEC, Nomusa Dube-Ncube’s decision to place the opposition-led Abaqulusi municipality under administration as a baseless and manipulative move which smacks of ANC electioneering and double-standards.
The municipality was yesterday placed under administration in terms of Section 139 (1) (b).
While Abaqulusi may have its problems, they are nothing compared to the collapse of the province’s capital, Msunduzi, which has happened right under the MEC’s nose. The issues are also minor when one looks at the shocking state of other failed ANC municipalities in KZN such as eDumbe, Mngeni, Richmond and uMzimkhulu which are all being conveniently ignored.
The DA is not surprised by the MEC’s move. What does concern us though is the primary reason for placing this municipality under administration which is the alleged ‘holding of an illegal meeting on 22 January 2019 and the subsequent failure by the Speaker and Council to remedy the situation despite advise from Cogta’. (view here)
Last year the ANC held a march to the Abaqulusi municipality and handed over a memorandum of demands (view here). A council meeting was subsequently called on 22 January to discuss these issues. The MEC has now labelled this meeting as ‘illegal’ on the basis that there was allegedly no quorum. It is this issue – and the resolutions taken during this council meeting - that are now under dispute.
According to the MEC and SALGA the quorum for such a meeting does not change in the event of the illness, death or the resignation of a councillor. In other words the quorum is based on the number of council seats regardless of the circumstances.
However, the DA and the Constitutional Court have a different view which is that that the quorum does change and that it is based entirely on the number of municipal members who are fit for work and not on the number of seats within the council.
If the quorum is calculated in this manner then the council meeting on 22 January was indeed legitimate and the MEC has no right to invoke Section 139 (1) (b) on this basis or to demand that the resolutions taken are rescinded. This same issue has been before the High Court and there are six cases to prove our point (view here).
The DA has also been informed that the MEC did not attend a meeting in Abaqulusi yesterday and that she has apparently received legal advice that her – and the ANC’s version of the quorum requirement – is flawed. This amid further claims that she is under pressure from Abaqulusi’s ANC councillors to keep on with the fight in return for their support as she vies for the position of ANC Premier candidate in KZN.
The DA is also ware that COGTA officials recently interrogated Abaqulusi officials over the municipality’s alleged misdemeanors. Certainly this does not happen in the case of ANC-led municipalities in the province and it is clear that Abaqulusi is being targeted.
As Zululand’s biggest municipality, Abaqulusi is a potential source of revenue for the ANC and is has been after this council for months. This was evident in December last year when there was an attempt to bribe a DA councillor resulting in the arrest of three ANC councillors. A court process is currently underway.
It is increasingly clear that the ANC in KZN is prepared to do whatever it takes to gain power – even if it means forcing the breakdown of this municipality. This is further proof that the ANC is losing support in key areas within the province.
The DA will not allow a situation where Abaqulusi is deliberately collapsed by KZN’s failed ANC and an uncaring MEC who is clinging to power. We will also not allow what we regard as an attempted coup to gain any further momentum and will continue to fight for what the people of Abaqulusi deserve – a fully functional municipality which is working towards proper service delivery.
The DA has engaged with its KZN NCOP representative to request that the recommendation be rejected. We also urge the Abaqulusi municipality to challenge the MEC in court.
On 8 May, the people of KZN will have the opportunity to vote for real Change that Builds One South Africa for All.
Issued by Zwakele Mncwango, DA KZN Premier Candidate, 5 March 2019
