Oudtshoorn: Setting the record straight

24 May 2015

Democracy did not come cheaply to South Africa.

Continued efforts by the ANC in the Western Cape undermining democracy in Oudtshoorn is an insult to the memory of pres. Nelson Mandela and thousands of other struggle heroes who gave their lives for democracy in South Africa.

As the Provincial Minister responsible for Local Government in the Western Cape I have noted the recent open letter by the leader of the ANC in the province with regard to Oudtshoorn.

Mr. Fransman does his best to twist the truth in order to further his political agenda and I believe it is important that I respond to his demands and put the facts on the table.

A recent by-election in the town, won by the DA, has reaffirmed the inhabitants of the town’s wishes with regards to whom should be in charge in Oudtshoorn. A democratic process was initiated and the outcome is indisputable.

It is a fact that the ANC-led alliance does not hold the majority on the council.

Unfortunately, the ANC-led coalition still leading the council refuses to acknowledge the democratic decision of the people of Oudtshoorn and the ANC in the province refuses to act against their undisciplined members on the municipal council.

The people of the town have democratically voted out the ANC-led coalition on more than one occasion. Only to discover that the ANC-led town council refused then – as now - to accept the will of the people.

The result has been that the ANC-led Oudtshoorn council has been waging an on-going legal war against the province using ratepayer’s money to undermine democracy.

My department and I are firm believers and upholders of the constitution and democracy and as such we act within the constraints and boundaries of the law. We also act at all times in the best interests of the people of Oudtshoorn. This has proven to be an often costly and tedious exercise but it has remained the best option for a government that believes in the rule of law.

Other options to resolve the on-going disputes have been explored.

Mr. Fransman for example, has suggested that I should “come to some cooperative agreement with national government”.

The fact is that my department and I have been working with the national department for a couple of years now looking at addressing the ongoing governance issues in Oudtshoorn. I myself have held numerous talks with Minister Pravin Gordhan on Oudtshoorn and the minister remains fully briefed on the situation in the town.

I have also personally repeatedly asked Mr. Fransman as leader of the ANC in the Western Cape and other leaders of the ANC in the province, to assist us in reaching a swift, amicable solution in Oudtshoorn. The ideal solution is for the ANC in the Western Cape to discipline any members that do not adhere to the rule of law and do not respect democracy.

Mr. Fransman and the other leaders have repeatedly ignored our requests for co-operation.

Another oft suggested alternative has been to place the town under administration. History has shown that this is an even more costly and tedious exercise in South Africa. The Western Cape Government has tried this avenue at other councils that were problematic and lost in court. It would have been irresponsible to seek this avenue before all other avenues have been exhausted.

Currently Mr. Fransman is yet again promoting administration as a solution, seemingly preferring this to disciplining his party members who have ignored the decision of the voters in Oudtshoorn.

However, the provincial government remains open to exploring this option of administration. It would of course be non-negotiable that the provincial government as the legally mandated authority would have control over the appointment of the administrators and other officials to be deployed to the council. Naturally the national department will be consulted and fully briefed at all times. We are in fact already talking about a turnaround plan for the council.

This plan includes:

- Addressing perceptions of corruption in Oudtshoorn. This would include determining if investigations are needed into the council’s actions to date.

- Addressing collapsing infrastructure in the town. We would be working with Minister Gordhan on ways to fund this so it can be addressed speedily.

- Analyse the council’s finances and apply an immediate and thorough credit control policy. This would include talking to big creditors like Eskom to ensure the council does not get cut off for nonpayment. Heading into winter we must ensure that poor communities dependent on electricity for heat is not at risk of being cut off.

- Developing and implementing an appropriate management model for the Cango Caves.

My department has an excellent track record of turning around problematic councils. The Swellendam municipality example is most relevant. If my department does intervene in Oudtshoorn we cannot promise that matters will be fixed overnight, but what I can guarantee is that if my department and I get the buy in and co-operation needed from the ANC in the province and the national government, the situation can be addressed swiftly.

As a provincial government we do not play politics. We work within the law to make people’s lives better. It remains our top priority to put the people of Oudtshoorn first.

Currently, we look forward to a scheduled council meeting for 28 May where the town’s budget must be approved.

Further announcements regarding Oudtshoorn will be made following that meeting.

Statement by Minister of Local Government, Environmental Affairs and Development Planning, AntonBredell, May 24 2015