Midvaal is no more

[Paul Hjul]

how would approaching the courts concerning an administrative body (the MDB) turn Midvaal into a "Nanny Municipality"?
If the decision is administratively unsound or illegal it is right for the courts to set it aside

 

[LazyLion]

Decisions not political: MDB

The municipal demarcation board's (MDB) decisions were not political because it was guided by legislation, it said on Wednesday.

"The MDB does not make its decisions based on assertions of political parties, but is guided by the criteria as set in the Local Government: Municipal Demarcation Act, Act of 1998," CEO Gabi Gumbi-Masilela said.

The Democratic Alliance believed the decision to merge the Midvaal and Emfuleni municipalities was politically motivated.

DA MPL Fred Nel said in a statement the party would submit a Promotion of Access to Information Act (Paia) application to learn the reasons for the decision to merge the municipalities.

"The MDB must be held accountable for its decisions and must explain its reasons in order to ensure that it adheres to the provisions of its own legal framework," he said.

Nel said Midvaal submitted its own Paia application to the MDB more than two months ago, and had yet to receive a response.

Gumbi-Masilela responded that the Midvaal application had been premature, because at the time the information was requested, it had not been considered and was still internal.

She said the MDB publicly gave its reasons for the merger at a media briefing on Tuesday.

The merger was among 157 cases the MDB published on Tuesday, detailing what changes would be made to certain municipalities following the 2016 municipal elections.


Source : Sapa /aw/cls/th/gq
Date : 16 Oct 2013 14:43

 

[Nerfherder]

Happy that changes might be implemented in 2016. So its up to DA to continue doing good work and canvassing well in those other areas. WHo knows they might win the whole municipality and still possible to win Gauteng. Show us now that you will provide good service for use after election next year. Dont turn Midvaal to Nanny Municipality by running to courts.

Thats not what a nanny municipality is

 

[Cool E]

how would approaching the courts concerning an administrative body (the MDB) turn Midvaal into a "Nanny Municipality"?
If the decision is administratively unsound or illegal it is right for the courts to set it aside

It is not illegal. The problem with those objecting is political not looking on the real issues. DA must shows us that they can provide services to the poor.

I would like to see DA canvassing in the following municipality:
Mussina
Mutale

 

[Cool E]

Thats not what a nanny municipality is

Can your explain further?

 

[Paul Hjul]

It is not illegal. The problem with those objecting is political not looking on the real issues. DA must shows us that they can provide services to the poor.

I would like to see DA canvassing in the following municipality:
Mussina
Mutale

It would be for a court to decide on the legality - after all that is what a Rule of Law, Constitutional Democracy is all about.

The political issues here is a set of plays for power between the ANC and the DA. No doubt the ANC changed their tune concerning Midvaal (historically the ANC was against a Vaal area metro - despite the research showing it would be good for service delivery) because they failed to win control of Midvaal and their own analysis shows they won't regain it in 2016. The real issue is that our municipal system is broken and can't deliver. Part of the break in our municipal system is that it is completely disregarding of the rule of law, so if the MDB did in fact violate the law good on the DA for challenging.

What the also need to challenge - and be criticized for not doing if they fail - is other decisions that are not based in reason.

 

[DJ...]

Paul, irrespective of your derision for the DA, do you honestly believe that this was a decision taken in the best interests of the residents and the province as a whole, or do you believe that this is a more ploy to secure the area using any method available...?

 

[Nerfherder]

It is not illegal. The problem with those objecting is political not looking on the real issues. DA must shows us that they can provide services to the poor.

I would like to see DA canvassing in the following municipality:
Mussina
Mutale

Apartheid was also not illegal, they changed the laws to suit their own needs.

This is exactly the same thing, changing the boundaries to disenfranchise voters.

Can your explain further?

A "nanny state" is one where the government is watching everything, monitoring your every move. Restricting you from doing things that may or may not be good for you.
Watch the movie 1984.

Some of the stuff the ANC is trying to pass, like the info bill is very much what you would expect from a nanny state.

 

[Paul Hjul]

Paul, irrespective of your derision for the DA, do you honestly believe that this was a decision taken in the best interests of the residents and the province as a whole, or do you believe that this is a more ploy to secure the area using any method available...?

I think the decision for the merger was taken for politically motivated and unlawful reasons. If I was a public interest litigation entity I would definitely include it on an unfortunately very long list.

I do however believe that the decision to establish a Vereeniging/Vanderbijlpark area Category A municipality is long overdue. As is having a service delivery comprehensive agreement with what is currently the Metsimaholo Local Municipality of the Free State (containing Sasolburg).

Looking at the criteria for municipal demarcation the best case scenario would probably see Sedibeng District falling away and a Sharpville Metropolitan Municipality which absorbs all of Emfuleni and portions of Midvaal and Westonaria ("Vereeniging" is curiously split) and having two South Eastern local municipalities - Midvaal and Lesedi and thee Western local municipalities (down from 4).

I think that the ploy argument is made problematic by the fact that this kicks in after the next general election and that ward demarcation could be just as effective. It is fairer to say that the ANCs change in position is a pure ploy than to allege that the MDB is gerrymandering on its own back.

 

[Paul Hjul]

As a quick addition IIRC the MEC - provincial - has quite a bit of say in adopting or rejecting changes and so on. Any move on that side must be taken as a political gerrymander.

 

[LazyLion]

New Metro a Disaster: FF Plus

The merger of the municipalities of Emfuleni, Midvaal and Sedibeng into a metro will be a service delivery disaster, the FFPlus said on Wednesday.

"The proposed incorporation of the [three municipalities].... is heading for a service delivery disaster," Freedom Front Plus Gauteng MPL Jaco Mulder said in a statement on Wednesday.

He said the redistribution of resources in itself would not bring about any wealth and improved service delivery in the Vaal Triangle, but would be a redistribution of poverty.

The announcement of the merger was made on Tuesday by the Municipal Demarcation Board (MDB) in Pretoria.

The merger was among 157 cases the board published, detailing what changes would be made to certain municipalities following the 2016 municipal elections.

The Emfuleni municipality incorporates Vanderbijlpark and Sebokeng. Midvaal includes Meyerton and Randvaal. Sedibeng covers Heidelberg and Ratanda.

Announcing the merger, MDB chairman Landiwe Mahlangu told reporters the municipalities were interlinked.

"When an area starts to exhibit characteristics of high growth and there is evidence of an area becoming a hub of business, it has to be a category A municipality," he said.

Mulder said the region needed strong leadership and expert officials who could ensure service delivery.

"The integrated development plan of all three of the relevant local authorities does not make any provision for such integration and the already bankrupt Emfuleni municipality's debt burden will have to be carried by the Midvaal taxpayers."

He questioned the consultation processes and accused the MDB of having decided a long time ago to go ahead with the merger knowing that public meetings had little influence on the decision.

"Furthermore, a few public meetings with no in-depth information about budgets and the influence on the integrated development plans were totally inadequate to be considered to be sufficient public participation," said Mulder.

The Democratic Alliance, which runs the Midvaal municipality, has opposed the merger and vowed to take the MDB to court, saying the decision was politically motivated.

"The MDB clearly bowed to ANC pressure to go ahead with the merger despite thousands of objections," local government spokesman Fred Nel said.

Nel said the party would submit a Promotion of Access to Information Act application to learn the reasons for the decision to merge the Midvaal and Emfuleni municipalities.

The MDB denied bowing to any political pressure. CEO Gabi Gumbi-Masilela said its decisions were guided by legislation.

"The MDB does not make its decisions based on assertions of political parties, but is guided by the criteria as set in the Local Government: Municipal Demarcation Act, Act of 1998."

The African National Congress Youth League welcomed the move.

Spokesman Bandile Masuku said the merger would result in better service delivery programmes and care for the citizens, particularly the youth.


Source : Sapa /kn/hdw/cls
Date : 16 Oct 2013 16:19

 

[Vrotappel]

Yes, what is the purpose of all that extra layer of government when actual deliver happens at local level? And if you take a close look at the layers, local is not accountable to province and province to national. It is just an extra layer of bureaucracy that adds little value at enormous cost to the tax paying public. Extra executive, body guards, functionaries, and all manner of hangers on just to reward loyalists.

If you take away the middle layer they'll increase on top to compensate. No win for taxpayers and the top will obviously be cANCer cadres.

 

[Paul Hjul]

If you take away the middle layer they'll increase on top to compensate. No win for taxpayers and the top will obviously be cANCer cadres.

The point which people (and the official DA position on District Municipalities) miss is that the number of layers is less relevant than how thick they are. For a whole lot of things service delivery is better done on a district level - fighting forest fires for example (a local municipality can afford at most 1 aircraft, a district can have a small wing of emergency craft) - and the existence of the layer even if only as an entity on paper can be beneficial. Democratic institutions often have three tiers in countries but our local municipalities are far too big to be "little democracy" entities.


Something else about this particular merger: Back in 2011 Tshwane was pretty much doubled and absorbed a whole district municipality; that decision was far more irrational than this one.

 

[Compton_effect]

Just a quick note. The ANC came to Siclelo, the biggest township in Meyerton today. The convoy was booed out by the residents and left with great haste. Seems my gardener is not the only sceptical one...

 

[OrbitalDawn]

Just a quick note. The ANC came to Siclelo, the biggest township in Meyerton today. The convoy was booed out by the residents and left with great haste. Seems my gardener is not the only sceptical one...

Let's hope they don't run into the arms of the EFF...

How has the DA done on the ground level there?

 

[Nicodeamus]

the DA would have won Tshwane in the last election due to the same thing. However Gauteng is running out of space very fast.

 

[samus]

Okay there is a lot of issue confusion and misinformation happening here:
Firstly the demarcation change will occur after the next election - so 2016. There is no reason to believe that the change won't see the DA control the new metro - if you believe the DAs Gauteng trouncing banter.

The ANC's support in the Sedibeng District in 2011 was around 70%. That is, noticebly higher than the ANC's voter share in the 3 GP metros.

So while I guess it is possible for DA to win a new Sedibeng metro in the 2016 election, it is probably a little too unlikely. Tshwane and Johannesburg are within closer reach.

 

[Nicodeamus]

The ANC's support in the Sedibeng District in 2011 was around 70%. That is, noticebly higher than the ANC's voter share in the 3 GP metros.

So while I guess it is possible for DA to win a new Sedibeng metro in the 2016 election, it is probably a little too unlikely. Tshwane and Johannesburg are within closer reach.

With the grow of Agang in Tshwane, they will probably end up with a voting agreement or coalition. The problem remains Johannesburg and the East Rand, I do not see the ANC losing Thembisa or Soweto any time soon.

 

[Paul Hjul]

The ANC's support in the Sedibeng District in 2011 was around 70%. That is, noticebly higher than the ANC's voter share in the 3 GP metros.

So while I guess it is possible for DA to win a new Sedibeng metro in the 2016 election, it is probably a little too unlikely. Tshwane and Johannesburg are within closer reach.

The important qualifier is to be found in "- if you believe the DAs Gauteng trouncing banter"

One of the aspects to this Midvaal issue that simply gets glossed over is that the effects of boundary changes having such a profound effect on the political outcomes is a major destabilizing factor of our society.

 

[Sinbad]

Today the Democratic Alliance (DA) can reveal information that indicates that the Chairperson of the Municipal Demarcation Board (MDB), Landiwe Mahlangu, holds a conflict of interest in the current municipal mergers taking place in Gauteng.

We believe that this conflict could have had a serious impact on the outcome of the MDB’s decision to merge Midvaal Municipality and Emfuleni Municipality into a metro.

MDB Chairperson, Landiwe Mahlangu, is a non-executive member of a company called Sea Kay Holdings.

This company provides construction services to various clients, including low-cost government housing.

This has included housing contracts within the Emfuleni municipality. In 2008, the Department of Housing in Gauteng contracted Sea Kay Holdings to build 1500 housing units in Emfuleni. The value of the contract is R 58.2 million.

Furthermore, Mr Mahlangu, is also a non-executive member on the board of a waste management company called Interwaste.

According to Emfuleni’s 2012/2013 annual report, Interwaste operates the Waldrift landfill site in Emfuleni municipality.

The DA believes that this is a serious conflict of interest on behalf of the MDB Chair and that his decision making process is questionable by virtue of these two positions.

Mr Mahlangu’s position as Chair of the MDB allows him to make decisions around the disbandment of municipalities and the movement of municipal boundaries. It is highly unethical therefore for Mr Mahlangu to make decisions over the merging of municipalities in which he has business interests.

The general process behind the merging of the Midvaal and Emfuleni municipalities has already been called into question after vigorous community opposition to the merger. The MDB has also blatantly overlooked the objective requirements of the Municipal Demarcations Act provisions for forming a metro.

The DA has governed Midvaal since December 2000 and has turned the municipality into the centre of service delivery and job creation in Gauteng. This is reflected in the provincial government’s own Quality of Life survey which ranks Midvaal top in Gauteng.

We know that merging Midvaal with Emfuleni will only hinder service delivery and kill jobs.

The people of Midvaal know the DA difference and we believe that the rest of Gauteng deserves the same.

The DA will do everything in its power to ensure that Midvaal continues to provide excellent service delivery to the people who reside there. We will bring this same level of delivery to Gauteng as a whole if elected to govern in 2014.

Due to this conflict of interest, the DA will today request that Mr Mahlangu steps down immediately from his position as Chairperson of the MDB. Mr Mahlangu should at the very least have recused himself from the decision to merge these municipalities due to the lucrative business interests he holds.

We believe that a fundamental lack of integrity has been demonstrated by Mr Mahlangu that undermines the credibility of the MDB in general, and that he should resign to preserve the standing of this important constitutional body.

Furthermore, we are seeking legal opinion to review of the decision made by the MDB on the merging of Midvaal municipality and Emfuleni. We cannot accept an obviously flawed decision made by someone who currently has an interest in government contracts in the area and may well continue to benefit from them in the future.

Mmusi Maimane press release.



TL;DR: The chairman of the municipal demarcation board has financial interests in at least two companies doing business with Emfuleni. Expanding the municipality gets his companies more business.