Johannesburg – A report released by Public Protector Busisiwe Mkhwebane on Monday has delved into the state of affairs within Knysna Local Municipality, Western Cape following a complaint of maladministration.
The report in question states that Themba Bosman lodged a complaint on May 15, 2019 on behalf of his mother Lydia Bosman relating to alleged misconduct and improper conduct by officials at the municipality.
The complainant is said to have applied for low cost housing on February 1, 1996 and even though a subsidy to build a house was approved on March 26, 2009, no house has been built to date.
The concern was that other housing applicants who applied after the complainant’s application in 1999, have received their houses for the same project (White Location) in 2005.
In her report, Mkhwebane said Bosman was unhappy and claimed that the conduct of the municipality in failing to provide her with a house was improper, constitutes maladministration and the undue delay has prejudiced her.
In her findings, Mkhwebane found the allegation that the municipality failed to provide the complainant with a low cost house after having approved it in terms of the relevant legal prescripts, was true.
She also said the complainant had to no avail engaged the municipality on several occasions requesting assistance for her house to be constructed.
She further highlighted that the municipality had conceded that the complainant had in fact applied for a low cost house and a subsidy was approved in respect of ERF 9890A on March 26, 2009, and that to date the complainant has been prejudiced as no house has been constructed.
She found that the conduct of the Municipality was improper as per section 182 (1) (a) of the Constitution and constitutes maladministration and undue delay as envisaged in section 6(4)(a) of the Public Protector Act. It also prejudices the complainant.
As part of her remedial action, she has since instructed the acting municipal manager to:
1. Apologise in writing to the complainant for the undue delay in providing her with a low cost house in terms of her approved application, within 30 working days from the date of the report;
2. Take urgent and appropriate steps to ensure that the complainant is provided with a low-cost house, as required in terms of section 26 (1) and section 152 of the Constitution, section 2 and section 9 of the Housing Act and the National Housing Code, within 120 working days from the date of the report.
3. Take appropriate steps in respect of disciplinary action against the municipal officials who were implicated in non-compliance with the municipality’s policies and procedures that resulted in the undue delay to provide Lydia Bosman with a low cost house at ERF 9890A, White Location as envisaged in section 67(1)(h) of the Municipal Systems Act, within 60 working days of the report.
4. Ensure that the internal audit function of the municipality conducts regular audits, and reviews the adequacy and effectiveness of controls, processes and procedures on the delivery of low cost houses, of the municipality and report accordingly, as contemplated by section 165 of the Local Government: Municipal Finance Management Act, 2003 and
5. Report to the council of the municipality on the steps taken to implement the remedial action referred to in paragraphs 7.1.1.1 to 7.1.1.3 above within one hundred and twenty (120) working days from the date of this report and submit a copy of the report to the Public Protector.
Mkhwebane also urged the acting municipal manager to submit an implementation plan indicating how the remedial action referred to in paragraph 7.1.1 is implemented within 30 working days from the date of this report.
Political Bureau