Council dissolution taken to national level

Update

KNYSNA NEWS - The fallout around the Western Cape government's decision to recommend the dissolution of the Knysna Council, announced in a post-cabinet statement in Friday 12 September, has been elevated to national government.

The decision, made in terms of Section 139 of the Constitution, now has to pass muster with both the National Minister of Cooperative Government (Cogta) and approval from the National Council of Provinces (NCOP), which forms part of the process.

The ANC in the Western Cape said in a media statement on 14 September that the decision was a "politically inspired dissolution" of the Knysna Council that "undermines progress being made with service delivery".

Bredell denied that the decision was politically motivated. He said the municipality has had multiple opportunities to self-correct.

"It has failed to implement the necessary remedial steps. A less intrusive form of intervention will not address the root problems in the municipality which are causing the municipality's failures. The municipality has failed to give priority to addressing the executive obligation failures," said Bredell.

ANC Western Cape provincial secretary, Neville Delport, said the party - Knysna is ruled by an ANC-led coalition along with the EFF, PBI and PA - will approach both the National Minister of Cooperative Government and Traditional Affairs, Velenkosini Hlabisa, and the National Council of Provinces chairperson, Refilwe Mtsweni-Tsipane, to set aside within 14 days Bredell's attempted dissolution of the Knysna Council.

This move forms part of the ANC's opposition to dissolving the council and putting Knysna under administration, which, if approved by national government entities, will kick in on 27 September.

Decisive steps
Delport however said the ANC is in full support of moves such as the section 154 support strategy introduced at the end of 2023, to ensure effective service delivery in all municipalities. According to Delport, the newly elected mayor (Thando Matika) and speaker (KIM's Mark Willemse) have brought stability to governance at the municipality as part of the section 154 process.

"The progress made is clear for all to see," he said.

The support strategy is "a key focus of the ANC, as witnessed by the determination of the ANC leadership to take decisive steps to resolve problems at municipal level," he said.

"We are acutely aware of the challenges faced by the Knysna Municipality, particularly in regard to water provision due to old infrastructure, a growing population, and governance problems. This is exactly why the national and provincial government initiated a section 154 support strategy."

Delport said Deputy President Paul Mashatile visited Knysna early in 2024 during the sixth administration, along with the Minister of Cooperative Governance, and the Minister of Water and Sanitation. This visit was in support of the section 154 plan.

"Since then, there has been ongoing support in terms of section 154 of the Constitution which provides that national and provincial governments must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their duties," he said.

Municipality 'not dissolved'
In an updated statement, Mayor Thando Matika stressed that the municipality has not been dissolved.

"While the Provincial MEC has issued a notice of intention to place the municipality under administration, the law prescribes a process that must unfold before such a step can be implemented," he said.

"As part of this process, the National Council of Provinces (NCOP) must first consider the MEC's decision. Only if the NCOP supports the MEC's recommendation will Council be dissolved and the municipality placed under administration. Until that point, Council remains duly constituted and continues to execute its responsibilities."

Matika said Council has resolved to challenge the MEC's decision.

"We are in the process of obtaining legal advice on the most appropriate course of action and will make submissions to the NCOP within the prescribed 14-day period. The way forward will depend on the outcome of this process," said Matika.

In terms of the Constitution, the dissolution of the municipality will take effect within 14 days, unless set aside by the minister or the NCOP.

Muster
Bredell's spokesperson Wouter Kriel said it is likely that the provincial executive would defend its decision in any legal challenge brought by the municipality.

"If the decision passes muster with the national minister and the NCOP, the administrator will be appointed on 26 September. The municipal council's dissolution will take effect at 00:01 on 27 September, unless set aside by that cabinet member or the NCOP before 27 September. The administrator's appointment will be with effect from 00:01 on 27 September."

He said councillors will receive their remuneration until the dissolution takes effect.

The DA in Knysna, through its constituency head Ryan Smith, has welcomed Bredell's move as a step in the right direction. "It is a welcome move for an impartial administrator to now come in and take over the management of the town's basic service delivery which has collapsed under the ANC/EFF/PA/ PBI/KIM coalition," said Smith.

Anton Bredell