Councillors only get a fine of R100 for non-attendance of Council meetings! Surely the affairs of Council are more important than to warrant only a R100 fine for non-attendance! With a Budgeted income of over R112,6 million for the Municipality in 2003/2004, surely they need to be more responsible towards the management of our Municipal affairs and attend meetings? Perhaps the fines should be more in proportion to their responsibility to the community in terms of the sum of money that they are entrusted to manage - or they should be paid per meeting attended?
It is noted that two Councillors missed at least two meetings in March 2004. Both were elected to represent the voters of the Tulbagh valley. In May one of the above Councillors missed another two meetings and another Councillor missed two meetings also. It is noted also that three of the Councillors who have missed meetings are on the Mayoral Executive Committee and one is the Mayor! These are the Councillors who get paid for a sort of 'permanent ' position with all the perks included!
It is hoped that voters will scrutinise the results below and not for the same Councilors the next time around?
Below is an extract from the Witzenberg Council's Agenda with attached reports Tuesday, 4 May 2004 at 10:00
10.1 Council and Council Affairs :
Code of Conduct : Councillors not attending meetings
(3/2/6/2)
In terms of Council resolution 8.5 of 9 December 2002, any Councillor who fails to attend any meeting of the Council or any meeting of a committee which the Councillor is required to attend and who has not applied for leave of absence or whose leave has not been approved, shall be fined with an amount of R100 in respect of the non-attendance of such a meeting, which R100 shall be deducted from the allowance of such Councillor at the end of the month in which he/she failed to attend such meeting, or as soon as possible thereafter.
Furthermore, if a Councillor leaves a meeting before it has been concluded and adjourned by the Chairperson or failed to be present at the commencement of a meeting without the approval of the meeting, the fine applicable of R100 shall be imposed.
The new policy also provides for a Councillor to ensure that if he/she has applied for leave of absence in respect of a specific meeting, that such an application has been minuted, failing which the Councillor must submit all information in respect of his/her application for leave of absence to the Municipal Manager within seven working days from the day on which the relevant minutes was considered and/or approved.
The following Councillors did not attend the meetings indicated and have failed to submit the information in respect of the applications for leave of absence to the Municipal Manager within seven days from the day on which the relevant minutes was considered and/or approved:
March 2004 non-attendance record
Name of Councillor
|
Meeting
|
Date
|
A Muller
|
Health, Safety and Amenities
|
17/3/2004
|
P Waterboer
|
Ad hoc Housing
|
17/3/2004
|
JW Schuurman
|
Executive Mayoral Committee
|
18/3/2004
|
H Swarts
|
Executive Mayoral Committee
Special Executive Mayoral Committee
|
18/3/2004
31/3/2004
|
P Waterboer
|
Executive Mayoral Committee
|
18/3/2004
|
May 2003 non-attendance record
Name of Councillor
|
Meeting
|
Date
|
JNED Klazen
|
Special Council meeting
|
5/5/2004
|
P Waterboer
|
Ad hoc committee : Code of Conduct Clr Kondlo
|
5/5/2004
|
WS Smith
|
Ad hoc committee : Code of Conduct Clr Kondlo
|
5/5/2004
|
PM Cillie
|
Special Council meeting
|
5/5/2004
|
JNED Klazen
|
Special Council meeting
|
5/5/2004
|
L Kondlo
|
Special Council meeting
|
5/5/2004
|
H Smit
|
Special Council meeting
|
5/5/2004
|
P Waterboer
|
Special Council meeting
|
5/5/2004
|
June and July 2004 non-attendance record
Name of Councillor
|
Meeting
|
Date
|
P Waterboer
|
Ordinary Council meeting
|
30/6/2004
|
H Smit
|
Ordinary Council meeting
|
30/6/2004
|
H Swarts
|
Ordinary Council meeting
|
30/6/2004
|
D Adams
|
Establishment of ward committees
|
19/07/2004
|
P Waterboer
|
Establishment of ward committees
|
19/07/2004
|
J Klazen
|
Establishment of ward committees
|
19/07/2004
|
M Du Toit
|
Establishment of ward committees
|
19/07/2004
|
A Muller
|
Committee Health, safety & amenities
|
21/07/2004
|
E Jooste
|
Committee Health, safety & amenities
|
21/07/2004
|
RL Nigrini
|
Committee Health, Safety & amenities
|
21/07/2004
|
July and August 2004 non-attendance record
The following Councillors did not attend the meetings indicated and have failed to submit the information in respect of the applications for leave of absence to the Municipal Manager within seven days from the day on which the relevant minutes was considered and/or approved:
Name of Councillor
|
Meeting
|
Date
|
LH Kondlo
|
Municipal Finance Management (Workshop)
|
28/07/2004
|
P waterboer
|
Committee Health, Safety & Amenities
|
18/08/2004
|
H Swarts
|
Ad Hoc Committee for LED
|
16/08/2004
|
H Swarts
|
Committee Corporate & Technical services
|
24/08/2004
|
LH Kondlo
|
Committee Corporate & Technical Services
|
24/08/2004
|
H Smit
|
Committee Corporate & Technical Services
|
24/08/2004
|
WS Smith
|
Committee Corporate & Technical Services
|
24/08/2004
|
JJ Titus
|
Committee Corporate & Technical Services
|
24/08/2004
|
WS Smith
|
Council Meeting
|
25/08/2004
|
September figures were never made available - No Council meetings again?
October non-attendance record
Name of Councillor
|
Meeting
|
Date
|
H. Swarts
|
Executive Mayoral Committee
|
12/10/2004
|
M.C. Du Toit
|
Budget Workshop
|
18/10/2004
|
P. Heradien
|
Budget Workshop
|
18/10/2004
|
J.N. Klazen
|
Budget Workshop
|
18/10/2004
|
L.H. Kondlo
|
Budget Workshop
|
18/10/2004
|
Z.G. Mackenzie
|
Budget Workshop
|
18/10/2004
|
H.J. Smit
|
Budget Workshop
|
18/10/2004
|
L.H. Kondlo
|
Sub-Committee Housing
|
20/10/2004
|
October / November 2004 non-attendance record
Name of Councillor
|
Meeting
|
Date
|
D. Adams
|
Health, Safety and Amenities
|
20/10/2004
|
P. Heradien
|
Corporate & Technical Services
|
21/10/2004
|
H. Smit
|
Corporate & Technical Services
|
21/10/2004
|
P. Heradien
|
Budget Workshop
|
25/10/2004
|
A Muller
|
Budget Worksop
|
25/10/2004
|
R.L Nigrini
|
Budget Workshop
|
25/10/2004
|
H.J. Smit
|
Budget Workshop
|
25/10/2004
|
W.S. Smith
|
Budget Workshop
|
25/10/2004
|
R.L. Nigrini
|
Special Executive Mayoral Committee
|
09/11/2004
|
P. Waterboer
|
Special Executive Mayoral Committee
|
09/11/2004
|
A report from the Speaker of the Municipal Council goes to Council in January 2005. It seems as though the Speaker is at last doing her job in ensuring that Councilors are not errant!
Raadsbeleid
Soos omskryf in die bespreking.”
Die Uitvoerende Burgemeester het besluit dat die aangeleentheid eers na die Speaker verwys word vir haar kommentaar en aanbeveling. Voorts dat die volgende oorweeg word:
(a) Dat die boete verhoog word na R300 in gevalle waar raadslede `n derde oortreding van dieselfde aard begaan.
(b) Dat indien daar geen verbetering is in die bywoning van `n spesifieke raadslid nie, die betrokke raadslid geskors word vir `n maksimum periode van drie maande slegs nadat `n komitee van die Raad dit so aanbeveel het.
The following comments have been received from the Speaker:
“One of my duties as stipulated in the Rules of Order is to check on the attendance of councillors or members of the different portfolio committees. The following councillors have been problematic with their attendance, resulting in a quorum not be reached and therefore resulted in meetings being postponed, and as a consequence, no decisions being made thus affecting service delivery: Councillors PM Cillie, E Jooste, ZG Mackenzie and J Klazen.
All of them were notified that if their attitudes towards attendance of meetings did not change, other mechanisms for discipline will be implemented. Some of them did improve their attendance.
I have also noticed that late coming at council meetings is becoming habitual and councillors want to be excused before the meeting is adjourned. Those are Councillors D Adams, ZG Mackenzie, PM Cillie and E Jooste.
Due to the above incidents a fine of R100.00 each has been imposed on these councillors, but it seems that this is not achieving the required effect. I have therefore decided to propose other mechanisms such as suspending a councillor without salary for a month or two. This will be tabled before Council for adoption.
Furthermore it is my recommendation that severe steps should be taken against councillors who are in arrears, without arrangements, in respect of service charges and also against councillors who have not succeeded in establishing their ward committees. Measures also need to be implemented against councillors that seem to be focusing on other issues rather than their work as councillors within the Witzenberg area. In the above regard the following councillors must be reprimanded:
Councillor Heradien presently owes R9 549-49 to Council. Although legal steps are being implemented to recover the arrears, it is my recommendation that a fine of R500.00 per month be imposed on Councillor Heradien, and that the said fine, recovered from his monthly remuneration, be utilised to offset the outstanding amount. The fine will continue to be imposed until the full amount has been recovered.
In respect to the establishment of ward committees, it is my recommendation that Councillors E Jooste and P Waterboer also be suspended, without remuneration, until their ward committees have been established and that a recommendation be made to the MEC for Local Government in the Province, Minister M Fransman, for the suspension.
Councillor D Adams serves on the Cape Winelands District Municipality, as a representative from Witzenberg Local Municipality. It seems that Councillor Adams only focuses on his duties as a councillor in the Cape Winelands District Municipality and that he neglects his duties as a councillor of the Witzenberg Local Municipality. Councillor Adams is frequently absent from ward committee meetings and even official meetings of the Witzenberg Council and committees. It seems that Councillor Adams gives a higher priority to the duties and responsibilities at the district level than at local level. This is a matter of concern and I recommend that Council reprimands Councillor Adams and gives him a warning.
Councillors may take my recommendations in respect of specific persons in a negative connotation and may feel offended, but in commitment to my responsibilities as Speaker of Council as well as my obligation to ensure that councillors duly comply with their duties and responsibilities, it is a necessary action. Furthermore, I feel very strongly that we should start the new year with a clear message that service delivery is our highest priority and that councillors must set the example for management and officials to follow.
My recommendation is:
That further to (a) and (b) as recommended by the Executive Mayor above, the following also be considered by Council:
(c) That the policy be extended to include that should a councillor continuously fail to comply with Council's policy in respect of attendance of meetings, is absent without apology, leaves early or arrives late, then such a councillor be suspended without remuneration for at least one month. Such cases will have to be referred to the MEC for consideration.
(d) That irrespective of legal steps that are implemented against Councillor P Heradien, a fine of R500.00 per month imposed and be deducted from his monthly remuneration until the full amount due by him to Witzenberg Municipality has been recovered.
(e) That Councillors E Jooste and P Waterboer be suspended without remuneration until their ward committees have been established and that the recommendation be made to the MEC for Local Government in the Western Cape.
(f) That Councillor D Adams be reprimanded and a warning be served upon him in order to ensure that he adheres to his responsibilities and duties as a local councillor of the Witzenberg Municipality rather than only giving preference to his duties and responsibilities as a councillor of the Cape Winelands District Municipality.”
October 2004 to January 2005 non-attandance
Name of Councillor
|
Meeting
|
Date
|
D Adams
|
IDP Meeting
|
30/10/2004
|
JN Klazen
|
IDP Meeting
|
30/10/2004
|
P Waterboer
|
IDP Meeting
|
30/10/2004
|
D Adams
|
IDP Meeting
|
13/11/2004
|
P Waterboer
|
IDP Meeting
|
13/11/2004
|
D Adams
|
Workshop MSP
|
15/11/2004
|
E Jooste
|
Workshop MSP
|
15/11/2004
|
ZG Mackenzie
|
Workshop MSP
|
15/11/2004
|
HJ Smit
|
Workshop MSP
|
15/11/2004
|
WS Smith
|
Workshop MSP
|
15/11/2004
|
P Heradien
|
Workshop PMS
|
22/11/2004
|
JN Klazen
|
Workshop PMS
|
22/11/2004
|
P Waterboer
|
Workshop PMS
|
22/11/2004
|
P Waterboer
|
Executive Mayoral Committee
|
23/11/2004
|
PM Cillie
|
Special Council Meeting
|
12/01/2005
|
RL Nigrini
|
Voorsitters van wykskomitees
|
19/01/2005
|
P Waterboer
|
Voorsitters van wykskomitees
|
19/01/2005
|
February 2005 non-attandance
Name of Councillor
|
Meeting
|
Date
|
JN Klazen
|
Health,Safety & Amenities
|
24/02/2005
|
MC Du Toit
|
Op Die Berg Uitvoerende Burgmeester
|
03/02/2005
|
D Adams
|
Op Die Berg Uitvoerende Burgmeester
|
03/02/2005
|
MC Du Toit
|
Meeting with Ward Committees
|
15/02/2005
|
JN Klazen
|
Meeting with Ward Committees
|
15/02/2005
|
P Heradien
|
Council Meeting
|
16/02/2005
|
E Jooste
|
Council Meeting
|
16/02/2005
|
P Waterboer
|
Execitive Mayoral Committee
|
08/03/2005
|
P Waterboer
|
IDP Meeting
|
12/03/2005
|
March 2005 non-attendance
Name of Councillor
|
Meeting
|
Date
|
P Heradien
|
Corporate & Technical Services
|
10/03/2005
|
LH Kondlo
|
Corporate & Technical Services
|
10/03/2005
|
E Jooste
|
Special Council Meeting
|
06/04/2005
|
April 2005 non-attendance
Name of Councillor
|
Meeting
|
Date
|
P Heradien
|
Corporate & Technical Services
|
14/04/2005
|
L Kondlo
|
Corporate & Technical Services
|
14/04/2005
|
H Smit
|
Corporate & Technical Services
|
14/04/2005
|
June, July and August non-attendance
Name of Councillor
|
Meeting
|
Date
|
JN Klazen
|
Special Council Meeting
|
22/06/2005
|
LH Kondlo
|
Nduli 226 Project
|
23/06/2005
|
JN Klaazen
|
Committee for Health, Safety & Amenities
|
07/07/2005
|
ZG Mackenzie
|
Committee for Health, Safety Amenities
|
07/07/2005
|
A Krotz
|
Tulbagh Blokprojek
|
13/07/2005
|
L Kondlo
|
Tulbagh Blokprojek
|
13/07/2005
|
H Swarts
|
Tulbagh Blokprojek
|
13/07/2005
|
JW Schuurman
|
Tulbagh Blokprojek
|
13/07/2005
|
P Heradien
|
Corporate & technical Services
|
14/07/2005
|
P Heradien
|
Corporate & technical Services
|
11/08/2005
|
JJ Booysen
|
Ward Councillors Meeting
|
02/09/2005
|
PM Cillie
|
Ward Councillors Meeting
|
02/09/2005
|
JJ Booysen
|
Speaker & Councillors Meeting
|
13/09/2005
|
P Heradien
|
Speaker & Councillors Meeting
|
13/09/2005
|
RL Nigrini
|
Speaker & Councillors Meeting
|
13/09/2005
|
H Swarts
|
Speaker & Councillors Meeting
|
13/09/2005
|
A Muller
|
Health, Safety & Amenities
|
20/09/2005
|
MC Du Toit
|
Corporate & Technical Services
|
20/09/2005
|
LH Kondlo
|
Corporate & technical Services
|
20/09/2005
|