Cape Town - Local government MEC Anton Bredell is using the courts to do his job, according to the ANC provincial local government spokesperson Danville Smith.
Smith was reacting to a judgment in the Western Cape High court against the troubled Kannaland municipality in which a judge banned the council from continuing with a controversial R735 million electricity and water outsourcing deal.
The court action had been brought by Bredell in January this year to “prevent potentially prejudicial and unlawful transactions” by the council, which has been under administration since 2018, and is controlled by a coalition between the ANC and the Independent Civic Organisation of SA (Icosa).
Smith said: “We urge the MEC not to utilise courts to perform his oversight role. Especially in those municipalities where his party is not in control like Kannaland.”
On the political problems plaguing the municipality, Smith said: “My view is we must zoom into Kannaland. There’s something bigger at play here. It cannot be that communities suffer, because of five councillors.”
Smith was referring to a related issue in which two ANC councillors who voted with the DA on the council to oust members of their own coalition, face expulsion.
On Friday, as well as preventing the continuation of the outsourcing deal, acting judge Nobahle Mangcu-Lockwood also stopped the municipality from making six new political staff appointments.
In her ruling, Judge Mangcu-Lockwood said the council’s conduct was a recipe for chaos in governance: “The evidence showed that municipality’ profligate spending, unnecessary expenditure in litigation, substandard SCM controls, and fruitless and wasteful expenditure had caused irreparable harm.”
She said: “There is no doubt that the latest decisions made by the respondents have an impact on the financial affairs of municipality. This sort of conduct by public officials and political official bearers is harmful not only to the rule of law and the applicants, but to the residents of Kannaland.”
Welcoming the judgment, Bredell said: “The provincial department had tried everything to get the council to co-operate but it was to no avail. The council was determined to push ahead leaving us ultimately with no choice but to approach the court.
“The province has been working hard since 2018 when the council was placed under financial administration, to assist the council to recover financially. We are grateful that the court has agreed with the province’s position on this matter.”
Bredell has urged the council to work with the department in ensuring the existing financial recovery plan is seen through to the end.
“It is in the best interests of the people of Kannaland to see the municipality restored to its full potential,” said Bredell.
The municipality’ case, which argued that the province’s manner of intervention was disproportionate to what was necessary in order to address the financial difficulties of the municipality, did not hold water with the judge.
Cape Argus