Beyond the failures of national government, the performance of local government is a cause for serious concern. According to UCT’s Centre for African Studies, 87 out of SA’s 283 municipalities were characterised as dysfunctional by the former Minister of Cooperative and Traditional Affairs Zweli Mhkize.

Mhkize cited “mismanagement, political instability or interference, corruption and incompetence as contributory factors to the challenges facing municipalities”.

According to the same report, 45 municipalities regressed in audit outcomes while only 33 municipalities were able to produce quality financial statement and performance reports that complied with legislation.

The legal framework for local government is structured in terms of Chapter 7 of the Constitution. According to this, the objects of local government are to provide democratic and accountable government for local communities, to ensure the provision of services to communities, to promote social and economic development, to promote a safe and healthy environment, and to encourage the involvement of communities and community organisations in the matters of local government.

Additionally, the Municipal Services Act provides for the establishment of mechanisms and processes to promote the economic and social development of communities.

The legal framework above envisages that local government be democratic, accountable and progressive in promoting social and economic development. However, when municipalities are dysfunctional it creates an untenable situation. It is no surprise that the popular response to dysfunctional municipalities comes in the form of protests.

Recent protests in Alexandra resulted in hearings by the Human Rights Commission and the Public Protector. Municipal IQ has further noted that there has been an increase in violence during service delivery protests.

The example of Sakhisizwe Municipality suggests there are myriad factors to address when dealing with dysfunctional municipalities. A greater concern perhaps is the lack of a response by individuals responsible for the management of municipalities.

Sakhisizwe Municipality is in the Chris Hani District in the Eastern Cape. The municipality, comprising two towns, Cala and Elliot, has for several years been embroiled in numerous crises. In 2018 the Eastern Cape Legislature declared Sakhisizwe Municipality dysfunctional, and since then there have been a number of municipal shutdowns.

The first protest, led by members of the ANC Youth League (ANCYL), was on 13 July, 2018 in Cala. It was sparked by the municipality management’s alleged corrupt and irregular employment procedures relating to the disbursement of tenders. Protesters alleged that construction companies outside of the municipality were given preference for tenders, and demanded that the municipal manager and mayor resign. These protests created rifts in the ANCYL, which led to clashes between young people from Elliot and Cala.

The Provincial Executive Committee (PEC) of the ANC suspended the mayor for three months pending an internal investigation into the matter. However, Elliot residents felt they were marginalised from this decision and formed a crisis committee. They demanded that the mayor be reinstated.

One of the reasons for the creation of the crisis committee was that residents from Elliot felt that residents from Cala did not want a mayor from Elliot. The crisis committee argued that the internal investigation led by the PEC should look into the 2009 probe into Sakhisizwe Municipality. This investigation was never made public and the crisis committee was angry because action was not taken immediately against the mayor (who was from Cala).

The crisis committee contended that residents from Cala did not want a mayor from Elliot. Consequently, residents from Elliot no longer wanted to be part of Sakhisizwe municipality. The Elliot residents also cited a lack of service delivery (particularly the conditions of streets) in the town as a contributory factor towards their dissatisfaction.

The crises at Sakhisizwe comprise multiple elements. A key concern is the lack of finances. This was confirmed by the speaker of Sakhisizwe Municipality during the shutdown in September 2018. The funding from national government through the Equitable Share Fund is not enough to save the municipality. Other concerns include crime, lighting, unfinished infrastructure projects and a lack of enforcement and compliance with by-laws.

Calusa (Cala University Students Association) has been monitoring the situation and trying to assist. Its director, Dr Fani Ncapayi, who writes in coordination with several organisations including the Cala Ratepayers Association, Elliot Residents Association, Siyazakha Land Rights Forum and the Mnxe Residents Association, has sent letters to the municipality’s management (the Speaker), the Public Protector and the Department of Cooperative Governance and Traditional Affairs.

The first letter, dated 9 November, 2018, to the Speaker of the municipality, inquired about the state of governance at Sakhisizwe Municipality. Financial statements over the last five years and the land audit report were requested. The letter also questioned the status of the chief financial officer and the suspensions of municipal managers.

Follow-up letters were sent on 18 December 2018, 25 March (to the mayor) and 16 April, 2019. No response was received. In this period a community dialogue about the shutdowns in 2018 took place in the Sakhisizwe Municipality.

Formal complaints about the municipality not responding were lodged with the Public Protector and the Department of Cooperative Governance and Traditional Affairs. No action has taken place.

Financial mismanagement, a lack of human resources and poor service delivery as well as an inability to hold management to account has led to a disastrous situation. It is no surprise that in situations like this, shutdowns and other forms of protest occur.

Unfulfilled promises from political leaders and internal political party fights (as seen with the ANCYL in Sakhisizwe) compound the damage.

Calusa hopes the newly appointed MEC for local government in the Eastern Cape will take steps to resolve the crisis, perhaps by taking the municipality into administration. DM

Haren Naicker, a UCT law graduate, is an intern with the Council for the Advancement of the South African Constitution (CASAC)