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

More documents

Recommendations

Info

(cc) The Municipal Manager’s conduct is in contravention ofsections 62 and 95 of the MFMA, the Municipality SupplyChain Management Regulations and section 217 of theConstitution. Such conduct is accordingly unlawful,improper and constitutes maladministration.(e) Sewerage problems in the area of Phase 1 of Monyakengresulting in health and road accessibility problems(aa) The sewerage spillage had been temporarily rectifiedwhen the area was visited by the Public Protector on 19April 2012. However, evidence indicated that the spillagewas cleared up shortly before the Public Protector’s visit.(bb) The failure of the Municipality to attend to the complaintsin respect of the sewerage spillage expeditiously is incontravention of section 152 of the Constitution thatrequires local government to ensure the provision ofservices to communities and to ensure a safe and healthyenvironment.(cc) However, a long term solution to the spillage is linked tocorrective action regarding the sewage purification plantand the piping in the entire area. This requires a lot ofmoney that the provincial and national governments needto assist with.(dd) The dysfunctional bucket system and the conduct of theMunicipal Manager and Council of Nala is incontravention of section 152 of the Council in that20
sustainable services are not delivered and a healthy andsafe environment for the community is not created. Thisconstitutes maladministration.(f) Incomplete public park at the entrance of Monyakeng(aa) An incomplete park does indeed exist. However, theMunicipality did not build the park but received it as adonation from the provincial government.(bb) The project was part of Arbor Week celebrations by theDepartment of Agriculture, Fisheries and Forestry during2007. The action plan and budget for the week wasobtained from the Department of Agriculture, Fisheriesand Forestry.(cc) The Council took a decision during 2006 to donate landfor the project and the Department of Agriculture,Fisheries and Forestry donated trees to be planted. It wasthe responsibility of the community to plant and maintainthe trees in terms of a Council decision. But the failure tocommunicate such decision and to take measures toaddress the situation in the absence of any action wasimproper and constitutes maladministration.(g) New community hall allegedly not built according to tenderspecifications(aa) The Multi-Purpose Centre was indeed erected.(bb) While the information obtained during the investigationindicates that the funds allocated through the Municipal21
Page 1 and 2: Address by Public Protector Adv Thu
Page 3: The allegation pertaining to unfair
Page 7 and 8: issued, a meeting was held with the
Page 9 and 10: (d) Was the Complainant prejudiced
Page 11 and 12: September 2005 which was rejected a
Page 13 and 14: (c) Did the Complainant suffer prej
Page 15 and 16: (c) Alleged incomplete and non-oper
Page 17 and 18: Phase 3 tender. This is in contrave
Page 19: escalated enormously. The conduct w
Page 23 and 24: municipality or municipal entity, a
Page 25 and 26: Municipality’s payroll section. E
Page 28: (a)The Municipal Manager should ens
Page 31 and 32: (ii) The Speaker of the Nala Local

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?