The Democratic Alliance (DA) notes the withdrawal of the Section 139 intervention in Sol Plaatje Municipality and will submit parliamentary questions to MEC for COGHSTA, Bentley Vass, following a serious lack of clarity on processes followed.
Rather than bringing clarity, last week’s withdrawal has raised serious legal and constitutional concerns that require urgent explanation. This includes troubling claims contained in the close-out report, which the DA is currently investigating.
The DA is also concerned that the provincial government may simply be replacing one form of intervention with another. We understand that oversight will now take place under Section 154 of the Constitution, with MECs responsible for departments such as COGHSTA, Roads and Public Works, and Transport, Safety and Liaison playing a more active role.
While supporting municipalities is a legitimate responsibility of provincial government, the DA is concerned that this arrangement could amount to a “backdoor administration” that exercises many of the same powers as a formal Section 139 intervention, but without complying with the constitutional safeguards, oversight mechanisms and legal requirements. If that is the case, it would undermine transparency, accountability and legislative oversight.
The withdrawal of the disputed Section 139 intervention may also be an attempt to sidestep ongoing legal challenges, including court orders awarding legal costs against the Mayor, Martha Bartlett, and Speaker, Dipuo Peters, in their personal capacities. There are also legitimate concerns about whether the withdrawal was intended to pre-empt a court ruling on the legality of the intervention itself.
The DA therefore seeks to establish why the intervention was withdrawn, what process was followed, whether all constitutional and legal requirements were met, and what oversight arrangements will now apply.
Residents of Sol Plaatje, who continue to bear the consequences of poor governance and failing service delivery, deserve a municipality that is held accountable and focussed on service delivery, not distracted by political games.