Government intervention has failed in Makana, says a top public-interest law centre in the country.
A new Socio-Economic Rights Institute of SA (Seri) case study, “Makana Local Municipality: Provincial Intervention in a Municipal Crisis”, looks at the effectiveness of provincial intervention in terms of section 139 of the constitution, using the context of the Makana crisis.
The story of Makana is significant because it illustrates the use, and failure, of provincial interventions in municipal affair
“The story of Makana is significant because it illustrates the use, and failure, of provincial interventions in municipal affairs,” the report says.
“This issue is the subject of a recent court case which directed the Provincial Executive Council (PEC) of the Eastern Cape to dissolve the Makana municipal council.
“This judgment is the first of its kind in SA, and is the product of a long and painful struggle by the people of Makana spanning more than a decade, and which is by no means over.”
The report says governance in Makana deteriorated after 2005.
“Today, Makana is a municipality in crisis. It has faced various challenges related to service delivery, administration and finances, many of which have recurred over long periods.
“The crisis has been characterised by water outages, water quality problems, near non-existent road maintenance, failure to collect refuse timeously and the inability to manage waste sites and illegal dumping.
“In addition, municipal infrastructure has been ageing and the municipality has huge debts which it is unable to settle.”
The report, which Seri undertook in collaboration with the Mail & Guardian, said access to water in Makana varied across its different areas.
Township residents had to use their relationships with people in formal houses to access water, the report said. Despite this, water supply has been regularly disrupted.
The case study said as a response to the municipality’s collapse, the PEC took a number of steps, including hiring an acting CFO on two occasions using section 139 of the constitution, which allowed for provincial government intervention.
The municipality developed a recovery plan but by the end of February 2015 “there had been little meaningful improvement and the recovery plan had not been implemented”.
The report cited a “persistent lack of stability in municipal governance”, a lack of technical know-how and a lack of political will as significant causes of the collapse of Makana municipality.
After two unsuccessful interventions, people in Makana are now weary of the mechanism of administration
“After two unsuccessful interventions, people in Makana are now weary of the mechanism of administration.”
The case study said the local Unemployed People's Movement’s (UPM) assessment was that the provincial interventions had failed for three main reasons:
* Administrators were working with the same corrupt councillors;
* Residents most affected had been excluded; and
* A lack of intragovernmental co-operation between the province, Cogta and the National Council of Provinces and “mistrust and suspicion” between the three authorities.
UPM spokesperson Ayanda Kota had not responded to a request for comment on the report. Makana municipality had also not responded at the time of writing.
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