CALLS FOR URGENT INVESTIGATION INTO THE SILENCING OF COUNCILLORS IN EKURHULENI

We, the Democratic Alliance Councillors in the City of Ekurhuleni (CoE) hereby petition the Member of the Executive Council (MEC) for Cooperative Governance and Traditional Affairs (CoGTA), Lebogang Maile (MPL), in terms of the Gauteng Petitions Act 5 of 2002 on service delivery.  

The MUNICIPAL SYSTEMS ACT, 2000 – Schedule 1 Code of Conduct for Councillors highlights that:  

“Councillors are elected to represent local communities on municipal councils, to ensure that municipalities have structured mechanisms of accountability to local communities, and to meet the priority needs of communities by providing services equitably, effectively and sustainably within the means of the municipality. In fulfilling this role councillors must be accountable to local communities” 

In addition, the Code of Conduct for Councillors also states:  

“2. General Code of Conduct for Councillors:  

A councillor must-   a.   perform the functions of office in good faith, honestly and a transparent manner; and b.   At all times act in the best interest of the municipality and in such a way that the credibility and integrity of the municipality are not compromised”.

Chapter 7 of the Constitution of the Republic of South Africa (Act 108 of 1996): “Objects of Local Government”, echoes this responsibility by stating:

“152. (1) The objects of local government are— (a) to provide democratic and accountable government for local communities; (b) to ensure the provision of services to communities in a sustainable manner; (c) to promote social and economic development; (d) to promote a safe and healthy environment; and (e) to encourage the involvement of communities and community organisations in the matters of local government”.    

It is therefore imperative that Councillors have access to vital information surrounding Service Delivery from the City of Ekurhuleni, in order to effectively perform their duties to the communities they serve.  

This is in alignment with the Promotion of Access to Information Act 2 of 2000, (PAIA) gives effect to section 32 of the Constitution, which provides that everyone has the right to access information held by the State.  

While a councillor cannot directly instruct an official on how to do his/her job, councillors do have a right to expect officials to meet accepted standards of service. Oversight leadership is also reflected in the way that councillors monitor implementation.

This includes providing guidance to municipal officials, requesting periodic reports, and ensuring that they follow correct procedure, and are held accountable for their actions.  

We therefore call on you, Hon Maile, to urgently intervene on the decision by the Executive of Council of the City of Ekurhuleni to prevent municipal officials from directly communicating with Councillors. This decision has affected the flow of information between officials (CoE), Councillors and residents, and is severely hampering service delivery.

Democratic Alliance Ekurhuleni    Contact the author of the petition