Hostility towards civic participation is alarming notes DA in open letter

The Citizen

02-05-2025

The Democratic alliance's ward 22 councillor, Zander Janse van Rensburg issued an open letter to the municipality regarding it's reply to Afriforum's call for the resignation of the municipal manager.
Read the municipality's reply here:
https://www.citizen.co.za/potchefstroom-herald/news/2025/05/01/we-dont-answer-to-afriforum-says-municipality/
As the Democratic Alliance caucus in the J.B. Marks Local Municipality, we note with concern
the statement recently issued by the Municipality in response to AfriForum's public call for the
resignation of the Municipal Manager.
While the Municipality is entitled to respond, the legal misstatements, inflammatory tone, and hostility toward civic
participation are deeply alarming. These remarks are not just inappropriate, they reflect a
fundamental misunderstanding of local government's constitutional and statutory role.
1. Civic organisations have a legal right to demand accountability
The Municipality's claim that AfriForum 'has no right to demand the Municipal
Administration to account' due to its lack of representation in Council is legally inaccurate. It
undermines the participatory model of South African democracy. Section 1 of the Local Government: Municipal Systems Act 32 of 2000 defines a 'local community' as including civic organisations involved in local affairs. Section 5 confirms the
right of all community members to:
• Participate in decision-making processes,
• Submit representations and complaints,
• Expect transparency, accountability, and responsiveness.
Moreover, the Government Gazette No. 52498 (10 April 2025), announcing the official review
of the White Paper on Local Government (WPLG26), reiterates the national government's commitment to strengthening citizen engagement. As the Gazette states:
'Municipalities need to shift from a 'we will do it for you, without you' culture to the
creation of a more enabling environment for citizens to be part of driving and contributing to
their own development.' (p. 34)
To suggest that only elected councillors may demand accountability from the administration is
a dangerous distortion of the law.
2. Attacks on civic oversight undermine national reform priorities
Instead of embracing civic involvement, the JB Marks administration has chosen to weaponise
public statements against concerned residents. This posture contradicts the national goal of
responsive, inclusive governance and is emblematic of the dysfunction the White Paper review
seeks to address.
3. Failure to honour service delivery commitments
AfriForum's concerns arose from the Municipality's failure to fulfill its undertaking: a commitment made in a meeting on 8 April 2025 to share its turnaround strategy by 14 April. That commitment was not honoured. Instead, the Municipality resorted to accusations and dismissiveness.
The White Paper Review notes this exact pattern of behaviour—unresponsiveness, poor
follow-through, and resistance to oversight—as systemic obstacles to local government reform:
'What needs to be delivered in the short term to stabilise municipalities and prevent further
deterioration to the local government system?' (Gazette No. 52498, p. 67)
JB Marks risks becoming a case study in precisely what the reform process is trying to fix.
4. Baseless allegations against civic organisations
The Municipality's suggestion that AfriForum is attempting to 'infiltrate' procurement
committees is reckless and unbecoming of a constitutional body. AfriForum's request was for
greater public oversight of procurement, which is not only lawful but encouraged under both
the Municipal Systems Act and national reform guidelines.
The Gazette calls for building partnerships between municipalities and communities, including
around planning, budgeting, and monitoring processes (p. 9, 36–37, 64). This is not infiltration,
it is democratic governance.
5. Municipal managers must be apolitical by law
In a landmark Constitutional Court judgment (April 2025), the Court upheld the principle that:
'A municipal manager or manager directly accountable to a municipal manager may not hold
political office in a political party, whether in a permanent, temporary or acting capacity.'
(Confirmation of Labour Court order on section 71B, Municipal Systems Act 32 of 2000)
The DA caucus emphasises that this is not only about holding party office, it also affirms the expectation of political neutrality in conduct. When a Municipal Manager publicly expresses partisan attitudes, especially in their official capacity, they risk breaching the spirit, if not the letter, of this requirement. The community must have confidence that the administration serves all residents, not partisan interests.
Governance Requires Listening, Not Deflection
The Democratic Alliance caucus urges the JB Marks administration to shift away from
deflection and denial. We call for:
• Immediate release of the promised service delivery strategy,
• An end to public antagonism toward civil society,
• Renewed commitment to impartial, accountable leadership within the administration,
and
• Full alignment with the national reform agenda outlined in Gazette No. 52498 and the
WPLG26 process.
We reaffirm that every resident and every organisation within JB Marks has the right, and the
duty, to hold this administration accountable.
At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!