Congress Provincial Committee Resolutions with regard to three (3) centers of power created by President Zuma in Limpopo Province.

7 April 2013.

The Congress of the People in Limpopo held its ordinary sitting of the Congress Provincial Committee (CPC) today, Sunday 7 April 2013 at the Provincial Headquarters in Polokwane.

The CPC reflected on a number of issues, including the sentencing of three (3) men to life in prison for the murder of our COPE Member of the National Assembly, Bishop Jack Tolo, in 2011.

The CPC also dealt comprehensively with the disturbing allegations surrounding the issuing of tenders in the Limpopo Government which will no longer be administered by the Limpopo Provincial Legislature, but by a group of loyalists to President Jacob Zuma which he appointed last week. This group of unelected cronies was bestowed with a title called "African National Congress Provincial Task Team".

The following resolutions by the CPC were adopted:

1. The Congress of the People demands that the government of President Jacob Zuma provides the people of Limpopo with the findings of the Section 100(1)(b) Administrators appointed by him to run the financial affairs of five (5) departments in Limpopo Province since 2011.

a.  What can President Zuma report in terms of the progress he made to bring these departments back on to an acceptable track in terms of financial management?

b.  When are they concluding their business and when can we expect them to leave?

The Official Opposition (Congress of the People) is concerned that the people of Limpopo and the Republic at large are left in the dark as to the activities of the Section 100 (1)(b) administrators deployed by President Zuma to curtail some of Mathale's powers. We are unable to come to any different conclusion as that President Zuma's administrators have taken over all functions of most departments permanently.

This situation as it stands is not healthy as there seems to be constant power struggles between Zuma's administrators and the civil servants running the affected departments. These fights are causing paralysis on the delivery of key services in the Province. Our communities are suffering as the elephants are fighting to control the piece of bread which should have gone to our poorest people. COPE concludes that all these are signs that the current administration is indecisive and doesn't care about the plight of the masses. Alternatively there is a major lack of capacity to carry out a mandate as important as governing our people.

The Congress of the People in Limpopo demands that President Jacob Zuma should take the people of Limpopo in his confidence and clarify the position of the Section 100 administrators as they have now been hanging around here since 2011. Zuma should admit that, under his watch, the government of Limpopo has collapsed and as the Presiding Officer of the Republic he failed to rescue the sinking ship. President Zuma must tell the people of Limpopo if he is going to run this province on an ad-hoc basis until the next election. Who will be accountable for the failures and broken promises by the ANC government in Limpopo?

We also call on the powers that be to explain to the people of Limpopo as to who is actually running the provincial government, as we don't even know where to direct the question. Should it be directed to the Premier and his Executive, the PTT of the ANC or the President and his administrators? It is clear that the President lost all confidence in the incumbent Premier of Limpopo, Cassel Mathale, and his Executive. We called for the sacking of the Premier on countless occasions before. It now seems that President Zuma is afraid to kick Mathale out of office as it will be viewed as succumbing to the pressure of the Congress of the People.

Instead, it appears that Zuma and his loyalists in the PTT would rather strip off all or parts of the constitutional powers of Premier Mathale and direct some to Frans Mohlala House in Biccard Street. President Zuma cannot have it both ways. He must decide now whether the Premier stays and enjoys all the powers conferred by the constitution of the Republic, or he must fire him. The people of Limpopo cannot and will not accept that the key decisions of government tenders are now going to be awarded at Frans Mohlala House by a few who are not representing the people of this province and surely has no constitutional mandate to carry same.

Our Parliamentary caucus in the Limpopo Provincial Legislature already approached the Speaker of the Legislature with a water tight case to debate this matter in terms of Rule 99 of the Standing Rules and Orders of the Limpopo Provincial Legislature this week during the sitting of Tuesday 9 April or Thursday 11 April 2013.

We are resolute that the ANC PTT and/or the Limpopo Legislature owe the people of Limpopo an explanation.

The CPC further resolved that should we fail to find a satisfactory explanation within the House, we are preparing to enter into litigation until we are taken serious by this ignorant ruling party.

It is our considered view that this matter is of public importance and we will not pretend that all is well.

While we are in so much pain that the resources of our people are being squandered while the factions of the ruling party are busy fighting to see who among themselves can squander the most, we are happy that as the Official Opposition we have been vindicated.

We said before, and we will continue to say that the only way our people can enjoy the real fruits of democracy is by directly electing the President, Premiers and Mayors. Only then can we have an accountable government which listens and answers to the people.

Text of the letter:

The Speaker 7 April 2013

Hon. R. Phala

Limpopo Provincial Legislature

Lebowakgomo Government Complex

Dear Speaker

REQUEST FOR DEBATE ON A MATTER OF URGENT PUBLIC IMPORTANCE AS ALLOWED BY RULE 99 OF "THE STANDING RULES AND ORDERS OF THE LIMPOPO PROVINCIAL LEGISLATURE"

Developments over the last fortnight with regard to the lopsided political environment in the Province left the public baffled about the status quo on the financial administration of the public purse.  

The caucus of the Congress of the People has a genuine desire to develop a better understanding of the situation in order for us to deal with myriad enquiries from ordinary people in our constituencies. Unfortunately our endeavours have been complicated by the endemic outbreak of conflicting statements in the National Media attributed to members of the National Executive Committee of the African National Congress and Members of the Provincial Task Team appointed by the former.

The Congress of the People, as the Official Opposition in the Limpopo Legislature, is duty-bound to ascertain the authentic status quo with regard to the legislative functions of the Provincial Government. You will agree with us that a resilient cloud of uncertainty is hanging over the immediate future of service delivery in Limpopo, especially in terms of the awarding of tenders and contracts as these are an integral part and often the cornerstone of the service we are bound to deliver to our people. We as legislators, notwithstanding our political affiliation, have a constitutional obligation to conduct oversight over these matters.

Our concern is that the forever present Section 100(1)(b) administrators, the newly appointed PTT in Biccard Street and the incumbent Premier of Limpopo are all claiming control over some and/or all functions encompassing the R48 billion which was appropriated to the Provincial Legislature to administer on behalf of and in a way to benefit the people of this province.

Honourable Speaker, this is a serious matter! We are turning to your office, as we are now demanding clarity on behalf of those who expressed their democratic right during the provincial election in 2009. We are sceptical that this constitutional uncertainty can be adequately resolved by the Premier, the new occupants of Frans Mohlala House or the Section 100 administrators. As members of the provincial legislature, we are of the opinion that this matter can best be dealt with inside the chamber of the Provincial Legislature as that is the only constitutionally mandated body inside the borders of this province, authorized to deal with matters of this nature.

At this time we would like to turn your attention to the fundamental aspects in support of our plea for a Rule 99 debate.

Rule 99(1) reads: "A private Member may on any sitting day request the Speaker in writing to allow a matter of urgent public importance to be discussed by the House." We are doing so well in advance.

The possible transgression of the Constitution of the Republic of South Africa, independently and/or jointly by the ANC PTT and/or the Office of the Premier and/or President Zuma and his Section 100 administrators, into the awarding of and/or moratorium on the awarding of tenders in Limpopo Province certainly satisfies the minimum requirements of Rule 99(1).

For your ease of reference we hereby attach only the most relevant of dozens available articles on this very matter which appeared in the printed media within the 72 hours preceding this letter, including editorials in most major South African Sunday papers.

At this time we are also calling on your assistance to clarify the other subsections of this rule in order for us to prepare for debate in the event that you agree to debate on Tuesday 9 April 2013 or Thursday 11 April 2013.

We are looking forward in anticipation to your earliest possible reply.

Best Regards

Very truly yours

Patrick Sikhutsi

Leader of the Official Opposition

Limpopo Provincial Legislature

Statement issued by the Acting Provincial Chairperson Congress of the People Comrade Patrick Sikhutsi, April 7 2013

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