Report on an investigation into allegations of non-compliance with provisions of the Local Government Municipal Structures Act and the Municipal System 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