1. Portfolio Committee on Basic Education
PROGRESS REPORT ON THE IMPASSE IN VUWANI SINCE THE PRESIDENTS VISIT
10 OCTOBER 2017 CAPE TOWN

2. PRESENTATION OUTLINE Purpose 2. Background 3.Discussion
4. Strategic Risks
5. Conclusion

3. 1. Purpose
To provide an update to the Portfolio Committee on Basic Education on the initiatives taken to address the impasse and stabilize the affected areas in LIM345 Local Municipality.

4. BACKGROUND
The Municipal Demarcation Board (MDB) published its final municipal boundary determinations for the Limpopo Province during August 2015, creating a new Municipality (LIM 345), which comprises of wards from Makhado LIM 344 and Thulamela LIM 343.
The MDB’s decision to create a new municipality that comprises of portions of Malamulele, Vuwani and Hlanganani was received with mixed reactions,
The Malamulela and Hlanganani sections accepted the decision, while
The Vuwani area objected to the new boundaries. Eight (08) 3, 6, 8, 9, 10, 11, 13 and 14) out of thirty six (36) wards and about six (06) Traditional Leaders from former Thulamela and Makhado Local Municipalities are not accepting the MDB decision to be incorporated in the new municipality and demand to be returned to former municipalities.

5. BACKGROUND
3. The community of Vuwani and surrounding villages approached the Court seeking relief to set aside the decision of the MDB to include the Vuwani areas within the new Municipality’s boundaries, and their applications were dismissed by the Limpopo High Court on 29 April 2016, and later by the Constitutional Court in July 2016.
4. The community resolved to embark on a shutdown in May until the local government election date (03 August 2016).

6. BACKGROUND The shutdown resulted in”
Disruption of voter education and registration;
Businesses were not operational;
29 public schools were burnt and damaged.
Several primary and secondary schools were affected since teaching and learning could not take place. This affected the writing of Mid-year Exams and other related forms of assessment.

7. BACKGROUND The province implemented the following measures:
Joint Inter-Ministerial Committee championed community engagements;
Heightened security by establishing a Provincial Joint Operation Committee to assess the situation daily.
Stakeholder engagement and mobilization, Engagement on Demarcations, Promotion of Social Cohesion, Communications and Departmental Stabilization plans.
The recovery plan for teaching and learning was implemented to cover a catch up plan for Grades R - 11 learners and a camp for Grade 12 learners.

8. POST- MUNICIPAL DEMARCATION BOARD DECISION
On the 23 March 2017 the MDB resolved that the current municipal boundary determination of LIM345 will remain unchanged. The Board cited the following reasons for their decision:-
Only seven months has passed since the municipality took effect and no significant changes to any of the facts underpinning the objectives and factors listed in Section 24 and 25 have emerged;
The request of the applicants contains no compelling reasons for the Board to review the boundaries of Thulamela and LIM 345; and
That the MDB operates on a 5 year redetermination cycle.
On the 25 March 2017, following the announcement of the decision by the MDB, affected Traditional Leaders met and resolved that engagements with government will cease and government will have to engage communities directly on demarcation related matters.

9. POST- MUNICIPAL DEMARCATION BOARD DECISION
The community resumed with the shutdown in April 2017.
The government, since the commencement of the shutdown, has consistently issued communique that it condemns the shutdown, disruption of social service provision in particular education as this interferes with the Constitutional rights of other community members, and also reiterated its acceptance of the MDB’s decision and pledged to support the new municipality as a legally constituted institution.
The Limpopo Provincial Government initiated a process of developing a support and development package to support the new municipality.
The levers of the support package include:-
Supporting the municipality to finalize transitional and establishment matters for it to be fully functional;
Commitments by sector departments on the allocated budgets and priorities to facilitate economic and social development;
Identifying opportunities to maximize the economic potential of the area including declaring some wards as Comprehensive Rural Development sites in the municipality.

10. POST- MUNICIPAL DEMARCATION BOARD DECISION
Office of the VhaVenda Kingship approached the President to solicit support to address the stalemate resulting from the demarcation impasse affecting Vuwani township and surrounding villages.
Subsequently, the President visited and engaged stakeholders on 07 May 2017 during which a pronouncement was made to allow the Vhembe District Municipality to render services on behalf of LIM345 in the affected areas as an interim measure.
President further engaged with the Malamulele/Hlaganani stakeholders in a follow-up meeting during which it was agreed that the President will visit the LIM 345 area to engage stakeholders on issues of tribalism and social cohesion.

11. POST- MUNICIPAL DEMARCATION BOARD DECISION
Province initiated a process of implementing the Presidential pronouncement by exploring Section 88 of the Municipal Structures Act, 117 of 1998, which in the main deals with municipalities co-operating and supporting each other to fulfill their mandate.
Key to the implementation is Section 88(2)(a) that requires LIM345 Local Municipality to request the Vhembe District Municipality to render services on its behalf.
The success of its implementation was therefore dependent on the cooperation of LIM 345 LM.

12. Critical services identified for provision
FUNCTION / SERVICE
AUTHORITY
KEY ACTIVITIES
IMPLEMENTATION PARTNER
Waste Management
LIM 345
Residential and business refuse removal
Province through the Community Works Programme and LEDET
Vhembe District
Licensing of vehicles and drivers
Provincial Department of Transport
Registration and renewal of motor vehicle license
Testing of drivers
N/A
Building regulations
Approval of building plans
Building inspections
Monitoring compliance with by-laws and building regulations
Cemeteries, Crematoria and funeral parlours
Grading,
Grave-digging
General upkeep and maintenance of cemetery
DPWRI

13. Critical services identified for provision
FUNCTION / SERVICE
AUTHORITY
KEY ACTIVITIES
IMPLEMENTATION PARTNER
Traffic and parking
LIM 345
Management of traffic
Provincial Department of Transport
National Traffic Police Agency
Road maintenance
Concurrent depending on the classification
Tarring and grading of streets
Routine Road Maintenance
Dept. of Public Works, Roads and Infrastructure supported by Roads Agency Limpopo
Electricity
ESKOM
Electricity connection and maintenance
N/A
Water and Sanitation
Vhembe District Municipality
Bulk water supply, reticulation, and maintenance of infrastructure
Proof of Residence
LIM345
Issuing of proof of residence
 Traditional leaders(villages)
Township(?)

14. STAKEHOLDERS CONSULTATIONS
Limpopo EXCO resolved on 17 May 2017 that implementation of the pronouncement be preceded by stakeholder engagements to obtain inputs.
To this effect, stakeholders were consulted as follows:
(i) Vhembe District Municipality: The district indicated readiness to render services as soon as LIM345 submits a request; and provided government provides the requisite support to augment their capacity.
(ii) LIM345 Local Municipality: During its meeting of 19 July 2017, the Council of LIM345 resolved as follows:
That the decision is not implementable since the resistance is not from all wards/villages of Vuwani.
That the municipality will service all 36 wards within its jurisdiction, and
That the department of Co-operative Governance, Human Settlements & Traditional Affairs will continue to support the municipality in provision of services to all wards throughout the municipality.

15. STAKEHOLDERS CONSULTATIONS
(iii) Malamulele Task Team and Traditional Leaders: The stakeholders did not support the proposal and submitted consolidated inputs indicating that:
The new municipality should be provided an opportunity to exist or operate without impediments;
The analysis of affected wards has revealed that some wards are divided 50/50 in terms of preference to receive services from LIM345;
Only 5 out of 36 wards do not want services from LIM345;
The view is that tribalism between Tsonga and Venda people should be dealt with openly since it appears to be the main driver of the objection. By segregating the provision of services, the government could be tacitly promoting the tribalism between the Tsonga and Venda people.
The proposed LIM 345 support and development package is comprehensive and plausible;

16. STAKEHOLDER CONSULTATIONS
(iv) Pro-Makhado Task Team and Traditional Leaders: The essence of the submission received was that:
Section 87 of the Municipal Structures Act should be implemented to qualify the visit and pronouncement of the President.
The application of the section will direct the implementation of services to six areas, that is, (Masakona, Mashau, Masia, Tshimbupfe, and Davhana) Traditional Authorities, and one administrative area (Vuwani location).
The Traditional Authorities will be in a better position to lead in the implementation as local implementing agents of all items within the IDP.
The Provincial Government could therefore not implement the pronouncement using Section 88 of the MSA as envisaged due to the divergent views.

17. STAKEHOLDER CONSULTATIONS
On 24 July 2017, the Vuwani community marched to the Vhembe District Municipality offices and handed a memorandum. The community demanded that the LIM 345 Vuwani Regional Office be opened with immediate (under the management of Vhembe District Municipality) and further that all affected areas should be serviced in line with the Presidential pronouncement.
Government was given seven (7) days, with effect from 24 July up to 31 July to resolve these matters.
The Provincial IMC met on 27 July and resolved that :
LIM345 Local Municipality should consider revisiting its initial resolution on the provision of services by Vhembe District Municipality in the interest of stability within their area of jurisdiction; and
that the municipality should devise a mitigation plan on how to deal with the imminent shutdown.

18. STAKEHOLDER CONSULTATIONS
The LIM345 Municipal Council, in response, resolved on 02 August to reaffirm its decision that it has the capacity to service all its wards including Vuwani and therefore the previous resolution number AO1/19/07/2017 cannot be rescinded.
The provincial government further met with the affected community, and a joint media press statement was issued on the 31 August 2017, indicating that the Pro- Makhado Task Team agreed to extend the 7 days deadline from 31 July to 07 August 2017.

19. STAKEHOLDER CONSULTATIONS
Section 154 of the Constitution of the Republic of South Africa
Due to challenges related to utilizing provisions of the Municipal Structures Act, in particular, sections 87 and 88, and LIM345 Council resolution not to concur with the proposal, it was proposed that Section 154 of the Constitution of the Republic of South Africa be considered as the remedy available in terms of legislative prescripts under prevailing circumstances.
 The Act supra states that “the national and provincial governments, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions”.
 Section 154 empowers both national and provincial to support and strengthen the capacity of municipalities. Such support can be provided either by legislation or other measures. Therefore it falls within the ambit of other measures that both national and provincial governments can consider in supporting the municipality.
 LIM 345 Support and Development Package is also another initiative of ensuring a holistic approach to supporting the local municipality.
 The success of Section 154 is however, dependent on cooperation between LIM345 Local Municipality and the provincial government to successfully implement both the Presidential pronouncement and the support and development package.

20. PROVINCE PASS RESOLUTION TO RENDER SERVICES IN VUWANI
On the 03 August 2017, the Executive Council resolved as follows as per EXCO Decision No. 38 of 2017/18:-
That the MEC for COGHSTA be mandated to invoke either Section 154 of the Constitution or Section 87 of the Municipal Structures Act to provide services in some wards within the LIM345 Local Municipality;
(b) That the following government institutions should commence with the provision of services in Vuwani as follows:-
Vhembe District Municipality to ensure effective water and sanitation provision;
Department of Public Works, Roads and Infrastructure to allocate graders to focus on the roads and cemeteries in Vuwani;
Department of Transport to render vehicle licensing services;
Department of Economic Development, Environment and Tourism to render the waste management services; and
Department of Co-operative Governance, Human Settlements and Traditional Affairs (CoGHSTA) to fast track the implementation of grant funded capital projects; and
(c) That the interim arrangement should be in line with the provisions of Section 87(4) of the Municipal Structures Act, which provides that “the MEC for local government must re-allocate that function or power to the original municipality when that municipality is in a position to resume the provision of those basic services”.

21. STAKEHOLDER CONSULTATION ON THE EXCO RESOLUTION
Progress on implementing EXCO Resolution:
Invoking Section 154 of the Constitution or Section 87 of the Municipal Structures Act
The department invoked Section 154 of the Constitution as the most viable and preferable option in dealing with the current situation in affected wards, as well as support to LIM 345 Local Municipality in line with the support and development package.
The department attempted to convene a meeting with LIM345 Municipal Council to consult on the proposed solution. The meeting was postponed due unavailability of some Councillors.

22. Stakeholder Consultations on the EXCO Resolution
Pro-Makhado Task Team: The consultation meeting was held on 03 August The Task Team accepted EXCO resolutions and urged government to ensure implementation with effect from 07 August 2017.
Malamulele Task Team and Traditional Leaders: The meeting was held on 04 August The stakeholder(s) raised the following objections :-
(a) That the decision by the Limpopo Provincial Government to commence with the provision of services in the affected wards in Vuwani as per the EXCO decision is not proper as a formal engagement has not been made with the LIM345 Municipal Council to seek their agreement in that regard;
(b) That there is no written proof of the purported “Presidential pronouncement” as mentioned in the report that was presented;
© That there has never been any justifiable reason(s) provided for the refusal of certain wards to be serviced by LIM345 Municipality;
(d) That the Constitutional Court has ruled in favour of the status quo on the Vuwani demarcation matter in May 2016, and yet the Limpopo Provincial Government continues to engage with the aggrieved stakeholders, which goes against the spirit of the Constitutional Court’s decision;
(e) That despite the well documented cases of burning of schools around Vuwani during the shutdown in there have not been any arrests and convictions of the perpetrators; and
(f) That the Provincial Government has not been able to convene an all-inclusive stakeholder engagement session on the Vuwani impasse to enable the different parties to engage and find a lasting solution on the impasse despite repeated requests to convene such a meeting.

23. Stakeholder Consultations on the EXCO Resolution
The meeting resolved that:
A report on the concerns raised by Malamulele Task Team will be tabled to the Inter-Ministerial Committee on Vuwani for further engagement;
(ii) The EXCO Decision on the possible options for the rendering of services in some wards in Vuwani should not be implemented pending the tabling of the decision to the Council of LIM345 Municipality with a view of enlisting the support of the Municipality to implement the EXCO Decision;
(iv) The South African Police Service (SAPS) should submit a comprehensive report on all cases opened since the commencement of the shutdown in Vuwani including the manner in which they were processed.

24. Stakeholder Consultations on the EXCO Resolution
The Malamulele Task Team and Traditional Leaders further submitted a written response to the Premier indicating, among others, that:
The interpretation of Section 154 of the Constitution and applicability of Section 87 of Municipal Structures Act, 117 of 1998 seems flawed. The pieces of legislation do not provide for what is envisaged in the recommendations. The correct interpretation entails provision of support and strengthening of LIM345 Local Municipality to be able to perform its functions and exercise its powers.
The Task Team was unhappy with the fact that the meeting held on the 04 August 2017 was after Pro-Makhado was informed that the EXCO resolutions will be implemented.
The Task Team proposed that an engagement between two Task Teams be held as a matter of urgency with the view to finding a lasting solution and understanding is reached.

25. Stakeholder Dialogue
An all-inclusive stakeholder dialogue was held on 01 September 2017 as per the resolution of the meeting of 04 August 2017 with Malamulele Task Team and Traditional Leaders.
Stakeholders invited: Limpopo Provincial Government (Executive Council); Vhembe District Municipality (Executive Mayor, Speaker and Chief Whip); LIM345 Local Municipality (Mayor, Speaker and Chief Whip), Senior Traditional Leaders for LIM345; Department of Cooperative Governance and Traditional Affairs (and the Mediation Panel); Pro-Makhado Task Team; Malamulele Task Team and the Pastors Forum.
The objective of the dialogue was to get inputs from the stakeholders on the two divergent views : (i) the first view held by the Malamulele Task Team and Malamulele/Hlanganani Traditional Leaders that LIM 345 as a legally established entity should be given time to perform its function and be supported by provincial government to render services in all 36 wards and (ii) the second view held by ProMakhado Task Team and Senior Traditional Leaders that an interim measures be put in place for the district municipality and other entities(excluding LIM 345) to render services in Vuwani and affected areas as per the Presidential pronouncement.
The Pro-Makhado Task Team and Pastors Forum did not attend the meeting. The meeting could not resolve the impasse on the divergent view with regards to the interim service delivery arrangements versus the need to support and allow LIM 345 to render services in its area of jurisdiction due to fact that the other key stakeholder did not attend the dialogue.
Subsequently, the Pro-Makhado Task Team resumed its shutdown on 05 September due to government’s delay in implementing the pronouncement. This is despite the update letter transmitted by the Director-General on the implementation of the resolution.

26. Departmental plans…
The Departments of Public Works, Roads and Infrastructure (PWRI) and Economic Development, Environment and Tourism (LEDET), COGHSTA, Department of Transport and Vhembe District Municipality developed implementation plans for provision of services in Vuwani.

27. Social cohesion programme
The Task Team comprising of Office of the Premier, Departments of National and Provincial Sports, Arts and Culture, Cooperative Governance inclusive of the Mediation Panel, Moral Regeneration Movement and affected municipalities (Vhembe District and LIM345 LM) was established to work on the programme.
The team met on the 21 August 2017 and resolved that:
(a) The Department of Sport, Arts and Culture should champion the task of developing a comprehensive Social Cohesion Strategy for LIM345, and that the task team should include the National Departments of Arts & Culture and COGTA.
(b) The Strategy should provide specifics in terms of key objectives, milestones and timelines by which the strategy will be implemented.
(c) The Task Team should develop a proposal on the convening of the Social Cohesion Dialogue / Seminar involving all key stakeholders within the LIM 345 Local Municipality.
(d) That the Moral Regeneration Movement and/or Mediation Panel should champion activities aimed at mediating between two groups with a view of finding a lasting solution and to avert the looming shutdown.
The Department of Arts and Culture are commissioning the South African Cultural Observatory to conduct research on the impact on apartheid w.r.t. tribalism and social cohesion. .

28. Intervention Plan
The ProMakhado Task Team started the shut-down on Monday 04 September 2017.
The following interventions have been put in place to address the concerns:
Opening of the Vuwani Regional Office
The Vuwani Regional Office has been opened with effect from 07 September 2017.
Various departments have identified and assigned officials to the office to make sure services are provided as requested.
Despite the office being opened, the shutdown continued, with learners being the most affected, especially Grade 12 learners that have missed on their preliminary examinations.
The Technical IMC on Vuwani continues to meet on a regular basis to assess the situation.

29. Intervention Plan Project Management Framework
A project management framework has been developed, which outlines roles and responsibilities of various partners.
The project management framework outlines the coordination responsibilities of key stakeholders especially CoGHSTA supported by the Vhembe District Municipality and the Office of the Premier.
The draft framework has been approved by EXCO.

30. LIM 345 Support and Development Package
The LIM345 Support and Development Package has been finalised with projects from national, local and provincial partners.
To ensure proper implementation and monitoring, progress on its implementation has been included as a standing item on the Provincial HOD Forum agenda.
National DCOG has been assigned the responsibility to coordinate national progress reports and report on a monthly basis.

31. 4. STRATEGIC RISKS
Traditional leaders in surrounding areas of Vuwani have taken a position of not taking responsibility for the instability of the area.
ProMakhado Task Team is not ready to cooperate with government and follow procedures. This is despite the fact that government is making all efforts to adhere to the agreements and ensure stability in the area.
Non-cooperation by LIM345 Municipal Councillors to the process poses a serious threat and might lead to intergovernmental tensions.
Possible litigations or even a shutdown by Malamulele Task Team considering their submission questioning the interpretation of Section 154 of the Constitution as well as the Constitutional Court judgment on the demarcation issue.

32. The shut down has been suspended on the 02 October 2017
5. CONCLUSION
The shut down has been suspended on the October 2017
The SAHRC are monitoring the commitments made by government and the Pro - Makhado DTT
The security cluster to continue to enforce law and order.
A team led by the DG for Limpopo will facilitate the development of the demarcation solution.