Media Statement by the Office of the
Public Protector of the Republic of South Africa, Adv
Mabedle Lawrence Mushwana
Pretoria
17 January 2006
(Report on an investigation into allegations of
non-compliance with provisions of the Local Government
Municipal Structures Act and the Municipal Systems Act at
the Nelson Mandela Municipal Metro)
The Office of the Public Protector (OPP) investigated
allegations of non-compliance with the provisions of the
Local Government: Municipal Structures Act, 1998 and the
Local Government: Municipal Systems Act, 2000, by the Nelson
Mandela Metropolitan Municipality, in the Eastern Cape.
The Democratic Alliance’s Councillor, Mr L J De Villiers,
lodged a complaint with the OPP in which he alleged that the
Executive Mayor had failed to identify and prioritise the
needs of the municipality and that Councillors who had
violated the Code of Conduct by not attending three
consecutive Council or committee meetings were not removed
from office by the Municipal Council, as required by law.
The OPP investigated the complaint and its findings are that
the allegation that the manner in which the Municipal
Council attended the alleged violation of item 4(2) of the
Code of Conduct by the Councillors concerned was unlawful
and improper, is unfounded and, some of the provisions of
the Uniform Standing Procedure of the Municipality relating
to the application of item 4(3) of the Code of Conduct are
ambiguous and its interpretation could lead to legal
uncertainty.
The OPP recommended that the MEC for Local Government take
urgent steps to ensure that information and complaints
referred to the Office of the MEC in terms of section 106 of
the Municipal Systems Act are attended to, as a priority.
The OPP further recommended that the Speaker of the
Municipal Council should take urgent steps to address the
ambiguities and the shortcomings referred to in the report
and to accordingly improve the Uniform Standing Procedure of
the Municipality.
N.B. Attached please find the complete report of the OPP.
Issued by Selby Bokaba
Spokesperson for the Office of the Public Protector
Tel: 012 366-7006
Cell: 082 496 8463
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