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The Democratic Alliance (DA) is in possession of a document, dated 21 September 2020, signed by both the North West MEC for Finance, Ms Motlalepula Rosho, and her Head of Department, Mr Ndlela Kunene, which indicates the intention of the North West Provincial Government to invoke Section 139(5) of the Constitution in 12 municipalities in the province.

The document from Provincial Treasury recommends that the following municipalities should be placed under Section 139(5):

Bojanala District Municipality

Tswaing Local Municipality

Maquassi Hills Local Municipality

Naledi Local Municipality

Ramotshere Moiloa Local Municipality

Lekwa-Teemane Local Municipality

Madibeng Local Municipality

Mahikeng Local Municipality

Mamusa Local Municipality – This municipal council was dissolved in 2019 resulting in the election of a new council earlier this year

Kgetlengrivier Local Municipality

Dr Ruth Segomotsi Mompati District Municipality

Ditsobotla Local Municipality

Section 139(5) is a constitutional mechanism available that empowers a provincial government to intervene in any municipality that experiences severe financial distress. This is a mandatory intervention which will empower the provincial government to assess the financial situation, draft a recovery plan, implement the plan and if no cooperation is received from the mayor and/or council, to dissolve the elected council, appoint an administrator, and impose a temporary budget.

While the North West Provincial Government’s document details the complete train wreck that is local governance in the province, and the fact that all municipalities either find themselves in financial distress or in a financial problem, the main intent of this Section 139(5) intervention is political.

The document details in section 11.4 that should the provincial government fail to pursue the mandatory interventions proposed, how a Section139(7) intervention by the National Government would have political consequences for the North West Provincial Government. It states that a national intervention would “result in a severe political embarrassment and backlash from communities” and that “the North West Provincial Executive will be viewed and regarded as being weak and indecisive”.

The DA is of the firm view that the North West Provincial Government is indeed weak and indecisive.

We hold this view because the ANC in North West is weak and indecisive.

For almost a month now the ANC has tried and failed to recall its Mayors, Speakers and Chief Whips (Troikas) from some municipalities under the guise of improving governance. Every person in the ANC and in the North West knows that this attempted recall is nothing but an attempt at realigning ANC factions to enjoy access to resources and power. While this plays out, it is the people in the province who continue to suffer under the failed governance of the ANC.

In a nutshell, because the ANC has failed in its attempt to get rid of questionable cadres in government, the ANC in government now wants to invoke and abuse a constitutional mechanism to serve its party political agenda.

The DA rejects this abuse of power.

We have long maintained that a provincial government under Section 100 national administration, should not be able to intervene in and administer the affairs of a failing municipality. Although our argument holds water, there remains a lacuna in the legislative framework that should guide how Sections 139 (1),(2) and (3) be executed. These are now only discretionary interventions – at the discretion of the Executive, that is.

Since 2014, the North West Provincial Government has invoked Section 139 administration in failed municipalities 22 times with not a single improvement to show for it. Ten of the 12 municipalities to be placed under Section139(5) have previously been under Section 139 administration.

As such, it would make sense that the National Government invoke Section 139(7), but since the national government is also formed out of a cohort of elected ANC cadres, such interventions will also fail, because the ANC in government as a whole has failed dismally at delivering on and advancing its constitutional obligations in the interest of the people.

The whole matter of failed governance will not ever be rectified under an ANC government, because the ANC refuses to hold its deployed cadres accountable for the misdeeds they are so popular for.

Should the North West Provincial Government proceed with its intention to invoke Section 139(5), the DA will, on behalf of all the people of North West, approach the High Court to seek relief to enforce accountability.

The time for playing politics with the lives of people is now at an end. What we need now is to legally hold failed governments accountable.

Issued by The DA