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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