MEC CONDONES ILLEGAL WARD COMMITTEE ELECTIONS

The lack of action by the MEC for Local Government, Mlibo Qoboshiyane, in not stopping illegal ward committee elections from taking place shows a crisis of weak leadership and an endorsement of illegal ward committee election practices.

The ward committee elections in Emalahleni Municipality are taking place today (subs: 6 Sept) despite due process in accordance with Section 73 of the Municipal Structures Act not having taken place as required.

I am informed that these elections have been preceded by violence by ANC members.

Several other ward committee election processes have taken place or will happen shortly in violation of the Act.

Every municipal council must make rules regulating how ward committee elections will be run in their areas.

Once these rules become resolutions of council, election processes for ward committees can take place in accordance with these rules.

Two weeks ago I posed a written question to the MEC and requested him to have all ward committee elections where the Act had been violated declared null and void.

To date the MEC has ignored this serious request.

Having spoken to MEC Qoboshiyane yesterday about this matter he assured me that he would attend to it and come back to us yesterday. An urgent sms to the MEC this morning warning him about the illegal elections and a possible interdict against his department and the Emalahleni Municipality has been ignored.

The MEC is showing weak leadership in not immediately attending to this problem and the illegal ward committee elections that are and have taken place throughout the province to date.

Should no action be taken in stopping the Emalahleni ward committee elections from taking place, the DA will consider interdicting the MEC in this matter.

If the interdict process takes place all councillors and the MEC will be held personally liable for fruitless and wasteful expenditure and will be liable to pay the costs of litigation from their own pockets.

Furthermore, the Democratic Alliance will consider a motion that this matter be debated at the next sitting of the Legislature on 13 September 2011.

This absurd lack of action to urgently act against this political illegality must beg the question as to whether the MEC and his mayors are serious about the rule of law processes in this province.

For my previous statement regarding ward committee elections click here.

 

3 comments on “MEC CONDONES ILLEGAL WARD COMMITTEE ELECTIONS
  1. Mvusiwekhaya Sicwetsha says:

    Dacre, I must say it is worrying to observe your obsession with the Eastern Cape Local Government and Traditional Affairs MEC, Mlibo Qoboshiyane. for your information, given that you exhibit lack of understanding of local government processes, issues pertaining to election of Ward Committees are dealt with by Municipalities, the Municipalities are processing the matter, the MEC cant just jump into an issue without following proper procedures. Our team is working on this issue and they are responding to complaints brought to their attention. dealing with it means investigating the matter and not just to come hard on Municipalities like a ton of bricks. investigations will reveal the state affairs.

    It is wisdom then to respect processes instead of worshiping in the altar of populism by scribing blogs that fail to make sense in a bid to ingratiate with the people of the Eastern Cape at the expense of the MEC and the Department.

  2. Dacre Haddon says:

    Dear Mvusiwekhaya
    Thank you for taking the trouble to coment on this web site-your interest is appreciated.

    With regards to your concerns about ward committee elections:

    The fiasco involving the election process for ward committees in certain municipalities across the province is unacceptable.

    The lack of intervention by the MEC to temporariliy through Municipal Managers halt the election processes shows weak leadership by the MEC and a process out of control by the department of Local Government and Traditional Affairs in the province.

    Sir, it is easy to say “you are investigating”. The problem is once the investigation is concluded the election process is completed (albeit illegally in some cases) it is far harder to reverse the wrong illegal process than to halt or temporary stay proceedings when the allegations come to light.So the easy way is to let the flawed process stay.

    It will not help you to hind behind semantics-the fact of the matter is that section 73(3) of the Municpal Systems Act is being flouted(effectively the law is being broken) and no decisive action is being taken by the head of the department the MEC to take immediate remedial steps to ensuer that their is fair democratic ward committee election processes FOR ALL-that is the bottom line.

    The Democratic Alliance hopes now that in those areas where the ward committee election process has been flawed that these elections will be nullified and new elections called.

    Thank you again for engaging the DA in this matter.

    Best wishes

    Yours faithfully

    Dacre Haddon MPL

  3. Mvusiwekhaya Sicwetsha says:

    What is problematic in your rantings is that you have no governance experience hence you easily dismiss our response to the issue. given that we are working with our municipalities, including the one led by your party, we will work with them until this and many other matters are sorted, we will not be excited by the glare of the media in doing so, we will do so because it is important in governance and in the lives of our people. This is the Democracy that the ANC brought to this country.

    The funny thing is that you are not telling your fans the real story here. Your comments about the MEC and the Department are unfortunate and are a clear symptoms of a person seeking public attention.