SAMWU detailed report on the state of service delivery in the Limpopo province

The South African Municipal Workers Union in Limpopo, being the largest trade union movement in the local government sector, hereby presents the following report, detailing the gloomy state of Municipalities and the Tripartite Alliance in the province:

1. CURRENT ISSUES

1.1. CORRUPTION AND MALADMINISTRATION

SAMWU has realized that corruption is rife in various municipalities within the Province and such activities have gone unattended because it seems that, corruption is normal in our municipalities. As SAMWU will continue to monitor and contribute towards effective, responsive and clean local government.

However we remain disappointed by the fact that we continue to witness maladministration, corruption and nepotism on daily basis in certain municipalities in the Province. We also wish to join COSATU in welcoming the arrest of five officials from the Department of Health and we are calling upon the Hawks and other law enforcement agencies to focus on municipalities.

We wish to express ourselves clearly and wish to give an account of various incidents which are related to corruption, maladministration and nepotism. We will now give details of shenanigans which are taking place in various municipalities:

1. Blouberg Local Municipality

In this municipality, we have a Mayor who runs the municipality like his household. This Mayor continues to deliberately interfere with the running of administration.

The Mayor dictates as to who should be appointed at what position and which contractors should be awarded tenders. A case in point has been that the Mayor has instructed the administration to appoint various consultants and when the then Municipal Manager refused the order, he was dismissed because he did not heed the Mayors instruction. Surprisingly all consultants were awarded contracts after the departure of the then Municipal Manager.

Secondly this Mayor has instructed the then Municipal Manager to appoint Mr. Makobele to the position of Manager Budget, again the then Municipal Manager refused on the basis that the recommended candidate did not meet the necessary qualifications and after the departure of the Municipal Manager the unqualified candidate was made Manager: Procurement.

Thirdly this Municipality has initial appointed Kgamaki General Trading CC for a construction project to the value of (One Million One hundred and Twenty Six Thousand and Four Hundred and Forty Eight Cents). Surprisingly this contract was terminated without valid reasons and we suspect that Kgamaki did not concede to a kick bag request. .

Fourthly this municipality has appointed TT and HP security and construction to provide static security services to the value of R137, 000 per month as contained in the initial contract, however this company continues to submit an additional invoices to the value of R43, 560-34 than the initial.There has been unauthorized expenditure relating to this contract to the value of more than R40, 000.

We have also observed that the very same security service provider was appointed to supply walk through metal detectors to the value of R22, 800.00 without a proper call for quotations. The initial contract between the municipality and the service provider does not make provisions for the supply of such equipment.

This municipality has suspended its Chief Traffic Officer and while the employee was still on suspension, the municipality through the instruction of the Mayor decided to advertise the position and now the employee was not found guilty and the municipality is seating with two Chief Traffic Officers. It should further be noted that the Council of the municipality has resolved not to challenge the arbitration award which involved Mr Mphago M.J in an effort to avoid further possible fruitless and wasteful expenditure but the Mayor chose to defy that resolution and went ahead to challenge the award.

2. FETAKGOMO

We continue to witness circus in this municipality and as a result of that it is clear that the Mayor of the municipality together with her administration they do not understand the laws and policies which regulates the running of municipalities.

That various positions were advertised and applicants were then shortlisted and subsequent to shortlisting, the referred applicants, were invited for interviews and surprisingly interviews were postponed and later we received a communique indicating that there will be re-shortlisting of applicants for the very same positions which were advertised .

Secondly the Mayor of Fetakgomo has written a letter to the car dealership a week before Local Government elections because she did not have driver's license and in the letter she mentioned the name of a former Councillor claiming that, the Councillor is employed by the Municipality. What is shocking is that as the Mayor she cannot appoint councilors because councilors are appointed by their respective political parties.

Given the above we are making a clarion call to the ANC to temporarily suspend the Mayor for misrepresentation and institute investigation into her conduct. We believe that the process will allow her to come clean.

3. AGANANG LOCAL MUNICIPALITY

In this municipality, we wonder if indeed there is a Mayor or a person occupying the office of the Mayor. The recent transfer of Senior Managers from one department to the other becomes a clear demonstration that there is lack of understanding when it comes to matters of governance.

The Auditor- Generals report clearly questioned the skills and expertise of one Absen Laka but instead of the municipality relieving him from his duties they chose to contravene the provisions of Amended Municipal Systems Act by transferring him to another department and thus filling other Senior Management positions without even advertising them. In this regard SAMWU has challenged that process through the courts and we are also making a clarion call to the Honorable MEC N.C Motsepe to urgently intervene.

We have also noted Mr. Daniel Sebelebele continues to play an active role as a councilor whereas the Independent Electoral Commission has not yet approved his name to be included as part of councilors of Aganang Municipality. We are therefore saying this practice must come to an end with immediate effect.

4. MOPANI DISTRICT MUNICIPALITY

SAMWU has noted with regret in the manner in which this municipality is failing and to them it seems failing our people is normal to them. The municipality had an unauthorized expenditure of more than R200 Million as articulated in the Auditor's General report. The report which was issued by the Minister of Water Affairs clearly painted and proved our view that, something is not right with the manner in which resources that are allocated for this municipality are been managed and used.

They claim to have erected boreholes but our people continue to suffer whereby access to water remains a luxury to them even in suburbs like Kremetart. They cannot even show us one borehole which they claim to have erected. The recent High Court judgment on the Nandoni Dam pipeline tender saga is also a case in point. The current Municipal Manager who has been re-appointed has never achieved anything special or good for that municipality. Since his appointment a disclaimer or adverse opinion has been the order of the day. It is our view that cronies continue to be awarded tenders even though they do shoddy work.

He lacks skills and expertise to manage the municipality and as a result of that we are calling for his resignation with immediate effect failing which we will apply the provisions of the amended municipal systems act to request the Labour Court to declare his appointment as null and void. We are giving them 30 days to process his resignation. We are not surprised with the situation in that municipality since it came to our attention that their Legal advisor has no necessary legal qualification. His appointment was just a lousy deployment.

5. MOLE MOLE MUNICIPALITY

This municipality has awarded Marumofase Security a tender to the value of R10 Million and the very same company was disqualified through the necessary supply chain processes.

We want to emphasize that Marumofase was at no stage considered to be the suitable bidder. The company which was recommended was Tyzer-T Security which priced their bid to R 7,939,491.84. The critical question is what made Tyzer-T not to be appointed.

Further, we wish to highlight that the municipality has once issued an invitation to call for quotations for the supply of office furniture, however only one quotation from Moshita Meetse Mmariane Trading was received and to that effect there was deviation from normal supply chain process. The reasons being advanced were that the preferred supplier is the sole supplier of office furniture in Limpopo, to our surprise the supplier requested a cession of payment to Supplyfin as per signed cession.

However we want to welcome the efforts of the management to resolve all problematic areas with SAMWU and we will give that process a chance. We have also made concessions on various issues as a way of give the process a chance.

6. POLOKWANE MUNICIPALITY

This municipality is experiencing various problems arising out of a turnaround strategy. As SAMWU we have thrown our weight behind the forensic investigation that is taking place in the municipality and we support that process which is aimed at eliminating ghost workers in Polokwane municipality. However we want that investigation not to inconvenience our members as the management have suggested that they be paid through cheques, we want them to perform head account and whoever will be found responsible for ghost workers must be dealt with accordingly irrespective of his/her affiliation.

However, we want to register our concern that many managers and officials in that municipality have business even though they do not do business with the municipality which is unethical for public officials to be in active business.

We further want to make a call to the management of the municipality to place Mr. M Ramothwala the Manager in the traffic division on suspension since he is facing criminal charges relating to sexual harassment. This fellow was also internally found guilty and was given a sanction of final warning and we are not happy about the sanction.

7. MUSINA MUNICIPALITY

SAMWU wishes to indicate that, we cannot hide our excitement regarding the resignation of the Municipal Manager: Mr Abram Leruli and we hope that he will never find any space in any municipality or Provincial Department. This is one person who should answer many questions. We have some time back submitted evidence to the office of the Premier relating to corrupt activities during his stay in that municipality. He must go well and we will never miss him.

He contributed towards the current state of that municipality but we continue to have confidence in the Mayor who has shown a great deal of potential and hope that a good administrator will be found to supplement the efforts of the Mayor.

8. BELA BELA MUNICIPALITY

This is one municipality which losses money every year. Just recently an amount of R600, 000.00 went missing whereby the password of Mr Benjamin Lehabe was used to redirect the money to another account. The account details which were changed to another account belonged to Magalies water.

Subsequent to that Mr Lehabe was charged with gross misconduct however what is surprising is that in terms of the collective agreement on disciplinary procedure Gross misconduct is a dismissible offence but because he is a member of IMATU which enjoys sympathy from management he was given a warning. But what we are asking is as to how will the municipality recover the R600, 000.00 and what were the contents and terms of the plea bargain.

Because they are losing money every year are they not creating a precedent? But further why the municipality is not treating employees equally because one Ms Kadijah Huorack was dismissed on the allegations that she stole R250, 000.00. We are therefore calling for the investigation of the Chief Financial Officer around the disappearance of the R600, 000.00.

10.VHEMBE DISTRICT MUNICIPALITY

The municipality has appointed a Technical Manager recently in contravention of the resolution of the strategic session and the outcome of the study on organizational structure which was conducted by COGHSTA. The position of a Technical Manager does not appear on the current organizational structure and it is our view that such conduct is unlawful. We are therefore demanding that the positions as filled be cancelled with immediate effect.

11.GREATER GIYANI MUNICIPALITY

The municipality has to our surprise, appointed a former CFO for Makhado who failed to obtain a clean audit in that municipality. It is our view that this CFO is just being dumped in Greater Giyani so that he can also fail that municipality. We are therefore demanding that this CFO's contract must be urgently terminated. We want to clearly state that municipalities are not a dumping site for useless officials.

Given the above we are radically demanding the following:

• Calling for the urgent removal of the Mayor of Blouberg. We also want you to note that a seating of municipal council which was held on the 17 August 2012 resolved to suspend the Municipal Manager but this Mayor continues to be a stumbling block towards the implementation of a council resolution.
• That we demand a forensic audit in Lephalale Municipality which will assist us in determining as to what happened to the missing R9, 5 million and what steps must be taken against those implicated;
• That we demand a forensic audit in Ba-Phalaborwa municipality which should determine as to what happened to the money which was supposed to be servicing the debt of Lepelle-Northern Water but the money did not reach its intended destination;
• That we demand the resignation of the Municipal Manager of Mopani District Municipality since his appointment does not comply with the provisions of the Amended Municipal Systems Act. We further demand an explanation as to how did the municipality arrive at an unauthorized expenditure of more than R200 million;
• That we demand that Aganang municipality must reverse its council resolution which was solely meant to recycle its failing management.

ON SOCIO-ECONOMIC ISSUES

SAMWU has seriously noted the service delivery protests by some communities in our Province. We are of the view that as an important stakeholder in Local Government we need to assist the government in delivering quality and sustainable services to our communities.

Our view is that majority of these protests are informed by non-delivery of water in our rural communities in particular the district municipalities which continues to fail our communities in relation to provision of Water. On those bases we therefore demand:

• That all the District Municipalities in the province must immediately devolve the water powers and functions to local municipalities in order to address the issue of water problems in the province

On out-sourced Municipal Services

SAMWU continues to demand that the following services must be insourced by municipalities in order to minimize corruption and create quality jobs for our people:

1. Security Services

2. Cleaning Services

3. Meter Reading

4. Waste Management

ON POLITICAL ISSUES

STATE OF ALLIANCE

While we continue to enjoy cordial relations with the ruling party in the province, we hope that Political Management Teams in all municipalities will do the same. Our view is that such a cordial relationship should be strengthened in order to assist us in dealing with our challenges as and when they arise.

We are also still firm with regards to the convening of an Alliance Summit in the province because we want to see the proper functioning of the alliance. We are also calling for a Local government lekgotla wherein a proper way forward relating to minimization of problems in the sector can be developed.

COSATU

It is a known view that SAMWU has contested the political space during the COSATU Limpopo Provincial Congress and as a result of that we want to take this opportunity to congratulate the newly elected leadership of COSATU in the province and commit our unwavering support towards the federation.

We further wish to call for unity in COSATU in the province and caution that we should not be divided around Mangaung ANC conference. The ANC Conference will come and go but workers will continue to have challenges and that is where we need each other as affiliates of COSATU.

COSATU National Congress

As SAMWU in Limpopo we are looking forward, as part of the national union (SAMWU) to contribute towards reshaping and building COSATU in the country. It is also our wish to see the retention of the current National Office Bearers of COSATU in order to maintain unity in the federation

SACP

In furtherance, we also want to congratulate the newly elected leadership of SACP in the province. We believe the party will continue to vanguard us the working class and work towards unity of the federation in the province.

SAMWU Provincial Demonstration

Given all this issues as raised above we now want to inform you that we will be having a provincial demonstration which will culminate into opening of criminal cases against politicians and officials of various municipalities in the province. The following municipalities are implicated.

• Mopani
• Ba-Phalaborwa
• Lephalale
• Bela Bela
• Sekhukhune District
• Bela-Bela
• Greater Tzaneen
• Blouberg
• Makhado

Due to the legal advice which we received from our attorneys, we were warned not to mention names of those implicated until such time that we have opened criminal cases and such cases will be opened in the presence of 8000 members whom we are expecting to attend the march. The march will take place on the 5^th October 2012 to hand over memorandum to COGHSTA and SALGA.

Statement issued by Simon Mathe SAMWU Limpopo Provincial Secretary, September 14 2012

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