Warwick Bruce Chapman

The eThekwini Municipality has, at great expense, installed a fibre optic network known as MetroFibre. Since its conceptual stage, MetroFibre has been envisaged as key to providing more cost effective and more accessible broadband services in the municipality’s attempt to bridge the so-called digital divide.

The Connected Schools project aims, in this initial phase, to connect 86 schools to the Internet in areas like Umlazi, KwaMashu, Phoenix, Inanda, Sydenham and Overport . Quite simply, the more access our learners have to the Internet, the more learning and skills development we are going to see taking place.

This sort of project, once properly implemented and maintained, is an example of the sort of positive interventions which municipalities can make, in partnership with other spheres of government, to effect positive change in the lives of people looking for a way out of poverty. We know that in the 21st century knowledge is power.

Providing access to the Internet means providing access to the single largest repository of Information on the earth. Let’s do much much more of it in the years to come.

The Local Government Systems Amendment Act (Act 7 of 2011) was signed into law by the President on 2 July 2011.

In March when it passed unanimously through Parliament the Acting Minister, giving us a hint of the importance that this legislation holds, said, “Local government will never be the same again. This Bill will open a new chapter in local government and help turn it around into a responsive, accountable, efficient and effective local government system that will help accelerate service delivery.”

The Departmental press release from April this year reads, “in some cases Municipalities … are staffed with employees who are not necessarily qualified to undertake their duties. It is for this reason that this Bill makes it mandatory for Municipalities to employ appropriately qualified and competent people.”

The Department goes on to say, “the … Act is aimed at professionalising local government for improved service delivery and performance management…”

National CoGTA Circular 19 of 2011 says of this Act that it “outlines government’s resolve to professionalise local public administration.”

Section 3 of the Amendment Act, (adding section 54A and amending section 56), provides strict new rules governing the appointment of municipal managers and managers directly accountable to municipal managers to the extent that “any contract of employment entered into between the municipality and [the appointed municipal manager or manager directly accountable to the municipal manager] is null and void if the appointed person does not have the prescribed skills, expertise, competences and qualifications…”

Section 5 of the Amendment Act (inserting a new section 56A), requires that a municipal manager or manager directly accountable to a municipal manager may not hold any political office in a political party, whether in a permanent, temporary or acting capacity.

There can be little doubt that these changes seek to address the cancer of cadre deployment at the level of senior municipal management. For nearly 15 years now, political cadres have been deployed to positions of management regardless of qualifications. This Amendment now requires unambiguously that managers henceforth not be politically active and are qualified and able to perform the job at the level required for the turnaround of local government.

The states aims of this act include:

1. Professionalise local government by ensuring that the administrative apparatus of municipalities is staffed by appropriately qualified and competent persons to improve on service delivery.

2. Require employment contracts and performance agreements of municipal managers and managers directly accountable to municipal managers to be consistent with the uniform systems and procedures set nationally.

3. Prevent staff dismissed for serious misconduct (financial misconduct, corruption, fraud) from being re-employed in any municipality for 10 years. Other categories of misconduct now carry prescribed waiting or rehabilitation periods before a dismissed member may be re-employed.

4. Prevent the bloating of municipal administrations in areas that do not constitute the core business of municipalities by requiring municipalities to pass a staff establishment through council and only positions indicated on that establishment may be filled.

5. Amend the Code of Conduct for Councillors to make it illegal for councillors to vote in favour of a resolution which conflicts with any local government legislation.

There is little doubt that this legislation is a response to the ANC’s abysmal performance in Local Government. The opposition in this council has a responsibility to ensure that the measures taken in this Amendment Act are applied in this municipality henceforth.

NOTE: More information about the festival can be found at www.dglff.org.za.

John Adams, in an attempt to justify to his wife his extended absences from home, once famously said in a letter:

“I must study politics and war, that my sons may have the liberty to study mathematics and philosophy, natural history and naval architecture, in order to give their children a right to study painting, poetry, music, architecture, tapestry, and porcelain.”

I believe the sentiment encapsulated in the quote speaks to the social progress we must experience in order to become the advanced society we dream of. In South Africa, however, this progress is somewhat more simultaneous than generational as it was in America.

Our history has bequeathed us a an unequal society where, where while a great many are fortunate enough to study and practice the arts, many others have not even had the opportunity of a quality education.

It is thus that our artistic expression so often has the opportunity of a finding context in our developing democracy.

I urge our artists to use your creative expression:
to highlight the many pressing issues facing our society;
to celebrate where we breakthrough;
to celebrate our diversity and reconciliation;
to build bridges between races, classes, cultures and religions;
and to motivate our communities to continue to contribute to building a truly prosperous and tolerant society

I am thrilled that this inaugural festival is taking place in Glenwood and I hope that it signals the growing popularity of this community as a flashpoint for arts and culture. Indeed, central to the plans for the regeneration and ongoing sustainable management of Bulwer Park is a open air amphitheatre able to seat 2000 people.

Personally, I cannot wait for the day when we can enjoy our first performance at the heart of this diverse and vibrant creative community.

Thank you Jason for inviting me, thank you for bringing this event to Glenwood and thank you to everyone involved in making this event and the films we will share possible. I look forward to next year’s event.

The Speaker
eThekwini Municipality
Councillor Logie Naidoo

NOTICE OF MOTION IN TERMS OF RULE OF ORDER 13

This council noting:

1. The public, political parties, civil society organizations, trade unions and the chamber of commerce have stated their opposition to the tolling of highways within eThekwini;

2. There is no single, safe, effective public transport system that would provide an alternative to the residents of eThekwini;

Resolves that:

1. Council declares its opposition to the proposed tolls within eThekwini;

2. Council directs the Mayor and Executive Committee to take steps to intervene on behalf of eThekwini residents against the tolls, by engaging SANRAL through the avenues afforded by the Intergovernmental Relations Framework Act;

3. That, should SANRAL proceed with the tolling regardless of the engagement, that the metro interdict SANRAL from implementing tolling.

Proposer
WB Chapman

Seconder
A Beetge

Note: The answers are listed below the questions.

The Speaker – eThekwini Council
Councillor Logie Naidoo
City Hall
DURBAN
14 October 2011

Dear Mr Speaker

QUESTIONS IN TERMS OF SECTION 17 OF THE RULES OF ORDER

The enforcement of speeding on our roads is a critical exercise to reducing fatal accidents. “Speed Kills” we are told but there are some serious questions about the ability of Metro Police to enforce speed on our roads.

It is in this regard that I table the following questions:

1. The National Department of Transport has recently committed itself to the International “Decade of Action for Road Safety 2011-2020”. Is the eThekwini Municipality aware of this initiative and are we willing to commit this municipality to support the initiative?

2. How many calibrated and functional mobile speed enforcement equipment does the eThekwini Municipality have currently?

3. Are the cameras referred to in 1. above deployed to enforce speed every day, ie. Are there days when the equipment is not all being used for speed enforcement?
3.1. If not, why not?

4. How many prosecutions for speeding were made in the 2010/11 financial year?
4.1. Of those, how many prosecutions were made on the M-roads and N-roads in eThekwini (eg. M13, Western Freeway, M19)?
4.2. Of those, how many prosecutions were made on other classes of municipal road?

5. Is it true that speed is only enforced on residential roads if the average violation is over 20km/h over the limit? (eg. On a 60km/h road, there must be large number of vehicles travelling at over 80 km/h before enforcement will take place)

6. Are there any plans to increase the amount of speed enforcement taking place in eThekwini?
6.1. If yes, have any targets been set?
6.2. If no, why not?

7. Why do Metro Police continue to place unmanned speed cameras on bridges despite a court order ruling this action unlawful?

8. Given the necessity for increased speed enforcement in residential areas, should the cameras in 7. above not be used to make our residential roads safer.

Yours faithfully,

Councillor Warwick Chapman
Democratic Alliance

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Answers as provided at eThekwini Council Meeting on 30 October 2011:

Councillor ZRT Gumede in her capacity as the Chairperson of Health, Safety and Social Services Committee provided the following respective responses:

1. Yes, Council would commit to and participate in this initiative in any way possible.

2. There are five calibrated and functional mobile speed devices in use.

3. Yes, every day with the exception of when there is severe rain or unplanned departmental requirements, i.e. strike action.

4. A total of 134 712 prosecutions were initiated for the 2010/11 financial year, of these 76 236 were enforced on highways, freeways and main roads. We do not do enforcement on national roads; this is undertaken by KZN RTI.

5. An instruction from the KZN Director of Public Prosecutions is that no prosecutions may be initiated for vehicles travelling less than 20 km per hour over the speed limit.

6. Yes, there is an initiative to increase speed enforcement in eThekwini. We are in a process of converting a large number of red robots cameras to speed cameras thus motorists will not only be charged for crossing red robots but also for speeding.

7. Mobile speed equipment and devices are not left unmanned; however enforcement personnel are not required to sit right next to the equipment. This is for personal safety and health reasons, i.e. sun. There is no such court order preventing enforcement on bridges.

8. Speed enforcement by laser camera equipment may only be performed on sites that have been inspected and authorised by the DPP’s office. The DPP’s office has authorised 72 sites for eThekwini mainly on highways, freeways and main roads and urban roads where the stopping of vehicles is considered dangerous to drivers and pedestrians.