Final communication from Legal Advice Centre regarding the provision of basic services to Madiba Park and Voorstekraal

Notice from:
Keith Matthee and Doug Murray
(Legal Advice Centre, Heuwelkroon/Bosmanskloof/Greyton, under the auspices of SCL)

We take as read all our previous communications with The Minister Of Agriculture and Land Affairs and TWKM during these past seven months.

In essence, we have made it clear over that period of some 7 months that in terms of the Constitution (Chapter 7 of the Constitution read with sections 7 (1) and (2), 8 (1), 26, 27 and 28 (1)(c) and (2) of the Constitution) and various constitutional court decisions (for example Government of RSA & Others v Grootboom & Others and Daniels v Scribante and Another), there is a constitutional duty on TWKM to provide basic services to the people of Madiba Park and Voorstekraal, even though TWKM does not own the land. (In any event, we also repeatedly have highlighted that the trustee of the land where Madiba Park and Voorstekraal is, The Minister Of Agriculture and Land Affairs, politically would never prevent TWKM from providing the said basic services.)

We also have highlighted the visit to Madiba Park by the Mayor and the Provincial Housing Minister, the latter who is also the leader of the DA in the WC, and their promises to the people of Madiba Park about the provision of basic services. We have also highlighted our meeting municipal/provincial representatives on site in Madiba Park who informed us that such services would be in place by the end of August, 2017.

We also have highlighted the fact that at no stage during the past seven months has TWKM responded to our letters disagreeing with our view on its constitutional duty towards the people of Madiba Park or the undertaking about the provision of basic services by the end of August, 2017.

By means of this email we are hereby informing all concerned parties that in the absence of political will by the DA led TWKM and Provincial Government to provide the said basic services, the only options open to the people of Madiba Park, Voorstekraal and indeed the wider civil society in Greyton, are peaceful and lawful political protest and approaching the High Court for an order to compel TWKM to comply forthwith with its constitutional duty.

We are disappointed by the apparent lack of political will by TWKM (and of late the Provincial Government). As of now all TWKM and the Provincial Government have done as regards the provision of basic services to the Madiba Park and Voorstekraal people, is visit Madiba Park, make promises to them and at the last minute agree to take over the rental of toilets at Madiba Park, which were placed there at the initiative of local farmers and business people. As yet there is no sign of permanent toilets, running water or the provision of electricity. We might add that as of now to the best of our knowledge nothing has yet been provided to the people of Voorstekraal.
Other than alerting the affected people and the wider civil society of the two above options open to them, as a legal advice centre (which in law is not permitted to initiate legal proceedings) we are of the view that there is now nothing further we can do in this matter. Accordingly we hereby give notice of the end of our involvement in this matter.

Keith Matthee and Doug Murray
(Legal Advice Centre, Heuwelkroon/Bosmanskloof/Greyton, under the auspices of SCL)

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Unilateral cancellation of Ward Committee meeting

 

It is with regret that the Ward 2 Forum notes the unilateral cancellation of the Ward Committee Meeting of 21 Sept 2017 as per the below email from the office of Cllr. Danie Du Toit:

Dear Ward Committee

Notice is hereby given that the Ward Committee meeting for the month of September 2017(21 September 2017) will not take place.  This is due to the Public meetings of all wards  which will take place during September and October 2017, after which the Ward Committee Meeting will take place.

Ward 2 Forum Comment

It is a sad state of affairs that a Ward Committee meeting is cancelled when there is so much that needs to be dealt with, particularly now. The total lack of pro-active communication by TWKM is raising more questions than answers, and the unilateral cancelling of a vital communication and statutory link between the community and the local authority is alarming. The schedule of the feedback sessions by the Councillor and the dates of the Ward Committee meetings had been minuted and accepted months in advance, as per the year planner issued at the beginning of the year. The reasons for the  cancellation of the Ward Committee meeting is thus weak and without merit.

As yet we still need to be informed about:

  1. Delay in the implementation of MSCOA & the financial implications this has on the municipalities financial viability
  2. Acceptance & implementation of the new TWKM Macro management structure.
  3. Adoption & implementation of the amended 2017/22 IDP & Budget Implementation Plan
  4. Public spat between the Councillor, Municipal Manager & the local press.
  5. Progress on the local housing impasse & growing tension between communities.
  6. The plans made in respect of the growing water shortage & how to mitigate the socio-economic impact this crisis will have on the area
  7. Decisions made and adopted in council, relating to the Ward 2 area, without the Ward Committee being privy thereto.

We thus have to deduce that TWKM have no real intent of fulfilling nor complying with the legal provisions for the operation of Ward Committees as contained in sections 72 to 78 of the Local Government : Municipal Structures Act,1998. We therefore cannot unconditionally support neither our Councillor, nor TWK Municipality.

 

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TWKM Council Meeting – 23 Aug 2017

Herewith please find the Précis Report of the Council Meeting (23 Aug’17).

Some interesting points discussed, however the 2 that are of particular interest is the decision on:

  1. TWK will not pursue the issue of alienating a portion of Erf # 595
  2. Rejection of the application to subdivide Erf # 1015 (Greyton)

COUNCIL REPORT 008.17. Council Meeting – 23 Aug’17 

 

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TWK Municipality – New Structure

At the Full Theewaterskloof council meeting of 28 June 2017, the proposal to reconstitute the Macro Structure of the municipality was unanimously adopted. The restructure proposal was tabled to council with the motivation that a organisation change was required to enable the local authority to address the Visionary Focus Areas of the council. Attached for your record and perusal is the Ward 2 Forum comment and summary document on the proposed restructuring of the local authority.

We invite your comment and thoughts on the new structure.

W2F comment on TWKM restructure 1.2

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