Friday, September 12, 2008

End to dry spell for Eastern Cape legislators?

Democratic Alliance MPL Bobby Stevenson’s water problems may be about to end.

Stevenson has been without water in his house in the government compound in Bhisho for three weeks but this morning received an SMS stating: “Supply to Legislature, Fort Hare and Bhisho CBD to be interrupted today in order to switch ministerial houses from low pressure to high pressure supply”.

The message came from the Buffalo City municipality.

Stevenson and others occupy houses in the “ministerial complex” that was once home to the members of the Ciskei cabinet when they are required to be in the provincial capital.

The problem according to Stevenson is that currently the houses are served by the lower reservoir and needed to be connected to the upper reservoir. Buffalo City maintains “this is the problem of the Amathole District Municipality as they are responsible for supplying water to the reservoir. Amathole District Municipality say it is the problem of Buffalo City Municipality”.

While Stevenson will know doubt be pleased to have water it will also provide comfort to his neighbours to know that Bobby will be bathing again.

Thursday, September 11, 2008

New hope for PE's Bayworld?

There is possibly light at the end of the tunnel for Bayworld.

The complex in Port Elizabeth that needs a cash injection of R400 million for a new structure to house the dolphins has received an additional R5,3 million for operating costs and may receive funds from national government, Sports, Recreation, Arts and Culture MEC Noxolo Ntantiso-Abrahams told the Bhisho Legislature today.

The MEC said that Bayworld had made a presentation to a meeting of minister of Arts and Culture Pallo Jordan and other provincial MECs and would now present a business case to the national department for additional funding.

Just where Bayworld will get additional dolphins no one is saying, least of all the Bhisho committee that probed the situation at the facility mumbling darkly about an “unethical route” whatever that might be.

Bhisho in MPLs' bad books over libraries

Bhisho’s Sports, Recreation, Arts and Culture committee has issued a damning report on the department’s handling of libraries in the province saying that among other things it has neglected its constitutional obligation for rendering library services in the Eastern Cape by “sub-contracting this function to municipalities”.

The report says that most municipalities do not have the capacity to provide library services “nor do they have an interest in rendering the service because it is viewed as being auxiliary to their mandate”.

The committee recommends that:

  • Funds should be transferred directly to local authorities and not through district councils that deduct 10 per cent as an administration fee
  • Vacant posts in libraries should be budgeted for and filled, and
  • More library books should be provided for township libraries

The committee visited libraries across the province in June this year discovering that in many of the facilities staff had been serving in an acting capacity for several years and that insufficient books were provided and little or no provision made for periodicals and other publications.

PE's Bayworld in stormy seas

Bayworld in Port Elizabeth needs R400 million for a new structure to house the dolphins according to a report from Bhisho’s Sports, Recreation, Arts and Culture committee that was tabled in the Legislature today.

The report reveals that 600 000 people visited the complex last year including 50 000 pupils.

One of the major problems facing the institution, the report states, is that there are now only two dolphins and they cannot be allowed to breed so that if the facility is to survive as a tourist attraction money will have to be found for a new facility and for additional animals.

Currently the budget allocation for Bayworld from the province is less than R900 000 and represents 20 per cent of operational costs. There is also a shortage of skilled staff and only 67 posts out of 93 were filled at the end of last year.

Add to that the head of department appointed a committee including the senior manager: Museums and Heritage to drive the proposed re-development of the facility but he had “not been available to attend meetings nor has he advanced the required actions of the department in this regard”.

Full story in The Herald tomorrow.

Wednesday, September 10, 2008

Primary school nutrition? Let them eat cake

There may be problems with the School Nutrition Programme but there certainly are not with the Legislature Nutrition Programme with MPLs provided with a veritable feast of food to keep them fortified during plenary sessions.

Catering staff slave over stoves all morning to ensure the tables are groaning by the time the hordes arrive shortly before 2pm – and it is showing on the girth of some of the more portly members of the Legislature. In fact some of them are becoming positively rotund.

Some time ago as he observed the girth of members of the National Assembly expand in an almost exponential manner, one MP proposed that members should be weighed as they were sworn in so that there would be a record of if and how they had ballooned as the session worn on.

Unfortunately plenary sessions only last four days otherwise there would be a superb opportunity for a weight loss company!

Probe into Pillay commission back on track

The ad hoc committee of the Bhisho Legislature that will look at aspects of the Pillay Commission report is back on track with a new chairman Alfred Mzi, following the appointment of the original chairman Phumulo Masualle as MEC for Finance, Economic Development and Environmental Affairs.

The committee had initially been scheduled to report back at the end of last month but must now do so by October 24 when the Legislature will meet for the next time.

The task of the committee is to:

  • Consider the process of receiving the report by the Legislature – it was only submitted to the Speaker after a motion demanding this had been passed
  • Consider the report against the background that the Premier and Executive must be accountable to the Legislature and must therefore consider the report with due regard to the funds that the Legislature has voted to fund the commission
  • Consider the report, the findings and the recommendations thereof, the appropriateness thereof for implementation by the Executive and investigate the steps taken by the Executive to implement the recommendations of the commission and
  • Consider the terms of reference of the commission and to what extent they have been complied with.

In addition, the committee must look at the Eastern Cape Commissions Act and assess whether it should be amended “to make provision for improved transparency and accountability in the appointment and terms of reference of and reporting by commissions”.

Thobile Mhlahlo ducks housing question


Newly appointed Housing MEC Thobile Mhlahlo is being cagey about whether the R1,2 billion conditional grant for housing will be spent in the current financial year.

Answering a question from Pine Pienaar (DA) this afternoon, Mhlahlo declined to give a guarantee that the money would be spent, although he did say his department would do its best to ensure that it was – last year the Eastern Cape had to hand back R500 million of its conditional grant when it became clear it would not be able to spend it.

Mhlahlo did acknowledge that his department was not on track to spend the money at present saying it had spent 24 per cent of the R1,2 billion in the first five months of the financial year – underspending of about R143 million.

It doesn’t look good!


Another candidate for our special award (below)?

If Zuma's ever in King ...

Democratic Alliance MP Stuart Farrow is one of the most popular people in King William’s Town at present.

Farrow has water and his DA colleagues in the Bhisho Legislature who have now been without water for three weeks at the houses provided by the Legislature and are hurtling down to Farrow’s house to shower.

DA MPL Bobby Stevenson is one of those affected and after endless complaints to the Buffalo City municipality who have offered promises and not much else this week took up the offer of the Legislature and moved into a guest house with his colleagues for the duration of this week’s plenary session.

Tuesday, September 9, 2008

Big heads set to roll in Bhisho

Eastern Cape Health superintendent Lawrence Boya who is to be charged in terms of the provisions of the Public Finance Management Act (PFMA) with financial misconduct need not feel alone as he is to be joined by three other heads of department as the Bhisho Legislature’s standing committee on public accounts gets tough.

Heads of the department of Education, Social Development and Economic Development and Environmental Affairs are all facing criminal charges in terms of the PFMA and once the legislature adopts the report of the standing committee they will be charged. Joining them will be the head of the Eastern Cape Liquor Board, Advocate Naledi Burwana-Bisiwe.

Chairman of the committee Zingisa Mkabile told the Legislature at the start of debate on the SCOPA report that the findings generally “point to the fundamental challenge of lack of proper control systems, monitoring and requisite policy implementation and evaluation systems which generally plague the provincial public administration”.

With regard to the heads of department and head of the Liquor Board, SCOPA concluded that they had failed to convince the committee that there was “no wilful or element of neglect” in their failure to account properly for the department’s financial affairs.

PE cops' daily struggle ... with their cars

The police cowboys are resident in Port Elizabeth if a report tabled in the Legislature is anything to judge by.

The report compiled by the Safety and Security committee states that the police in the Eastern Cape have a “relatively high number” of vehicles damaged in accidents and that this is particularly true in the Port Elizabeth area. Just what “relatively high” means was not explained.

If the vehicles are not damaged then it would appear they are stolen, the report stating that a “high number” of police vehicles are stolen “and very few are recovered”, adding that SAPS should formulate a strategy to ensure stolen vehicles are recovered and that those colluding with members of the public are “severely punished”.

Health head in trouble

The Eastern Cape director-general of Health Lawrence Boya is in trouble.

The Bhisho Legislature’s standing committee on Public Accounts says in a report tabled today that he was provided with an opportunity “to explain gross mismanagement in his department” but that his responses were “inadequate”.

The committee states that taking into account the “significance of the matters reported by the Auditor-General” Boya had failed to account for his department’s financial affairs for the 2007/08 financial year and should be charged with financial misconduct in terms of Section 81 of the Public Finance Management Act.

This followed, the committee states, because he had failed to convince them that there was “no wilful or element of neglect” in his failure to account properly for the department’s financial affairs.

If the Legislature adopts the report, Boya will be the first official to be charged under the provisions of the PFMA.

Official: Eastern Cape cops have no power

It’s back to Bhisho for a three-day plenary with public accounts committee reports on the agenda for today, including one compiled by the Legislature’s Safety and Liaison committee on the South Africa Police Service (SAPS) annual report.

That’s unlikely to contain too much by way of good news and one element of the report reveals that there are still some police stations in the Eastern Cape that do not have electricity! That must qualify the national department of Safety and Security and Eskom between them for a special award that will be given each day the Legislature sits and even when it is not.

We are pleased to a present a picture of the prize (below). Competition is likely to be stiff.

We are, of course, still in the Good News Centre while the lavish accommodation in the Legislature is completed.

Somewhere along the line this week someone will hopefully reveal what is happening with the ad hoc committee looking at the findings of the Pillay Commission report.

Monday, September 1, 2008

A crime of commission?

Any ideas how this might effect the Pillay Commission?

Sapa reports that the Erasmus Commission, set up to probe alleged irregularities in the City of Cape Town, was unconstitutional, a full bench of the High Court ruled on Monday.

Judges Kevin Swain and Chris Nicholson, sitting in the Cape High Court, also said the appointment of a serving judge to chair the commission was incompatible with the principle of separation of powers, and was therefore unlawful and invalid.

The commission was set up by former Western Cape premier Ebrahim Rasool ostensibly to probe the legality of the City of Cape Town's bribery investigation into renegade councillor Badih Chaaban.

However the judges said Rasool's motive had in fact been the "improper one" of seeking to embarrass his political opponents, in particular the Democratic Alliance, which led the city.

Rasool's actions in establishing it had been arbitrary and unlawful, and his decision therefore "falls to be set aside".

The judges said Western Cape police commissioner Mzwandile Petros broke the law when he handed over information gained in police raids to Rasool.

The court challenge was launched by the city, which was then joined by the Democratic Alliance. They claimed Rasool, an African National Congress appointee, had purely political motives in appointing the body, and that the use of a serving judge - Nathan Erasmus - to head it, was unconstitutional.

The case was heard by Swain and Nicholson, who are from the KwaZulu-Natal bench, because Erasmus is a Cape judge.

The Erasmus commission had suspended its sittings pending the outcome of the case.

Where is Pillay Commission report?

What has happened to the ad hoc committee on the Pillay Commission report?

The committee had been chaired by Phumulo Masualle until he was appointed MEC for Economic Development and Environmental Affairs and the Provincial Treasury but since his departure the committee has not met.

The committee was to have reported on August 26 when the Bhisho Legislature had been scheduled to sit but that session was postponed until Tuesday September 9 and at the moment it doesn’t look like a report will be tabled then.

An ad hoc committee viewing the report of the Pillay Commission is likely to question the legitimacy of the report and also raise issues around the reasons why Eastern Cape Premier Nosimo Balindlela appointed the commission.

The ad hoc committee in terms of a motion introduced by ANC whip Neela Hoosain and adopted by the legislature was required to:

  • Consider the process of receiving the rep ort by the Legislature – it was only submitted to the Speaker after a motion demanding this had been passed
  • Consider the report against the background that the Premier and Executive must be accountable to the Legislature and must therefore consider the report with due regard to the funds that the Legislature has voted to fund the commission
  • Consider the report, the findings and the recommendations thereof, the appropriateness thereof for implementation by the Executive and investigate the steps taken by the Executive to implement the recommendations of the commission and
  • Consider the terms of reference of the commission and to what extent they have been complied with.


In addition, the committee must look at the Eastern Cape Commissions Act and assess whether it should be amended “to make provision for improved transparency and accountability in the appointment and terms of reference of and reporting by commissions”.

Sections of the controversial commission report that was tabled yesterday were leaked to the media suggesting that a number of high-profile politicians generally associated with those opposed to a third-term for President Thabo Mbeki had been involved in corrupt activities.

The politicians were not provided with the opportunity to reply and have instituted legal action.