Address by Public Protector Adv Thuli Madonsela to The National ...

(b) Lack of Communication between the Municipality and theCommunity(aa) The Speaker of the Nala Local Municipal Council, Ms NMashiya and the Council did not fulfill their constitutionalduties in terms of section 152 of the Constitution, section16 of the MSA and section 19(3) of the Structures Act toensure public participation by the community in the affairsof the Municipality, resulting in a major trust deficitbetween the people and the municipality and protestaction by the community. The conduct was improper andconstitutes maladministration.(c) Incomplete and non-operational sewerage plant(aa) The allegation was confirmed during the PublicProtector’s two visits to the plant and conceded by theMunicipal authorities during meetings with them.(aa) The KPMG forensic investigation report’s finding that themess was due to the Former Municipal Manager’s failureadhere to the Supply Chain Management Policy andother prescripts was substantiated by documentaryevidence relating to the relevant procurement process.(bb) This is in contravention of sections 62 and 95 of theMFMA, the Municipality Supply Chain ManagementRegulations and section 217 of the Constitution, whichessentially prescribe an open, competitive and costeffective procurement process. As a result the cost has18