Last night Let’s Talk Komani (LTK), the umbrella organisation representing members of Komani’s well-established civil associations, refused the request of the Eastern Cape Premier and his Cabinet to drop its court case aimed at dissolving the corrupt Council of the Enoch Mgijima Local Municipality.
There is a high likelihood that municipal salaries and Eskom accounts may not be paid this month due to the municipality’s inability to bill for services and collect outstanding revenue. The crisis of the municipality has been clearly outlined in its latest 2018/2019 audited annual financial statements which reveal unauthorized, irregular and wasteful expenditure of a staggering R894 million.
MEC of COGTA Mr Nqata, chaired the meeting with LTK which included members of the EMLM’s Council as well as a member from nation treasury and SALGA. The Premier, who was supposed to lead the delegation, tendered his apologies.
It followed a morning of service delivery protests on the Whittlesea road entrance into Komani. It was also a day before the National office of Cooperative Governance & Traditional Affairs (COGTA) needed to file its replying affidavit to LTK’s charges against it, and other organs of the state.
LTK’s executive includes representatives from the Border-Kei Chamber of Business, the Black Management Forum, the Komani Residents’ Association (KORA), the Queenstown Civic Ratepayers Association, an organised Farmers’ group, the Queenstown Education Foundation and the Phakamisa Business Forum. Its signed-up members include the Komani Church Leaders Forum, the Muslim community leadership and the Community Policing Forum.
LTK argued that the Enoch Council has failed to fulfil its constitutional mandate, and has been complicit in corruption and is totally derelict in delivering on its duty to serve the community of Komani, formerly known as Queenstown.
Despite overwhelming and damning evidence that the EM Council has brought the municipality, home to over 267 000 residents, into an advanced state of total collapse, COGTA and the Premier of the Eastern Cape fails to hold the Council accountable for the decimation of the Municipality and all its structures.
The resulting lack of business confidence is halting job creation and youth unemployment is at an all-time high.
In the course of the introductions at last night’s meeting LTK requested the Office of the Premier, in attendance, to withdraw its false media statement published in a press release on 6th March, claiming there is an existing signed Memorandum of Understanding (MOU) between the parties. Mr Nqata agreed to the point.
Instead of dissolving Council through invoking Section 139 (1) (c) of the Constitution, the EC Cabinet opted to again invoke Section 139 (1) (b) that would result in an Administrator once again being appointed, but this time supported by a turnaround team.
LTK reminded the delegation that the municipality is already under administration according to SALGA’s national office and that a court precedent already existed for a less serious application.
LTK reiterated its belief that there was a leadership crisis, a management crisis, and a credibility crisis at the Municipality and that civil society had lost faith in the Municipality’s ability to collect revenue. The Premier would need to take decisive steps to charge corrupt officials and re-skill the Municipality before it has any chance of restoring its legitimacy.
Last night’s meeting was the culmination of efforts of LTK members over a period of two and a half years period to engage government at various levels including The Office of the President, The Office of the Premier and SALGA, among others, to halt the collapse. During this time two Administrators have been appointed. Due to political interference they were unable to carry out their duty to implement a financial recovery plan.
The EMLM in the Chris Hani region is preparing for next year’s local bi-elections.
EMLM’s billing has declined from 79% to approximately 50%; the costs of its labour has increased to levels in excess of revenue collected (excluding revenue received from government grants); the debtors outstanding book has ballooned to R824 million; and the amounts due to Eskom increased from R40 million to almost R350 million at its peak.
MEC Nqata admitted there was common cause for the legal action. The fundamental difference in the approaches of the parties was the EC Government believes that it can fix the problems in a “business as usual” approach with some assistance, whereas LTK believes that this has already been tried and failed, and that the council needs to be disbanded as it has failed in its duty to uphold the constitution and its councillors are, in the word of Judge Stretch, “constitutional delinquents” and cannot be entrust with turning the municipality around.
The people who got us into this mess are not going to be able to get us out of the mess for obvious reason.
In light of the above LTK has no option but to continue with the court action it has initiated. We remain committed to working with all parties which have the genuine interest of all the citizens of EMLM at heart, and are prepared to take the difficult decisions required to restore this municipality to something residents from all four of its corners can be proud of.
