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Environmental Groups Object 7: Conclusion — No Comments

  1. The tender award should be taken on review as this appointment was clearly an abuse of the supply chain management process of the municipality and there are certain violations of the SCM Regulations. It is strange that the MM is referring the matter to Frans Fisher who does not have a clue of local government law . Regulation 49 and 50 of the SCM Regulations requires the MM to refer any dispute or objection to an independent person. It is clear that the MM is now dealing with this matter in clear violation of the Regulations and her own Supply Chain Policy. The only way how objectors can deal with this mismanagement is to take the award on review. Please refer the matter also to the Public Protector.

    • Objections and complaints
      49. Persons aggrieved by decisions or actions taken in the implementation of this supply chain management system, may lodge within 14 days of the decision or action, a written objection or complaint against the decision or action.

      Resolution of disputes, objections, complaints and queries
      50. (1) The accounting officer must appoint an independent and impartial
      person, not directly involved in the supply chain management processes –
      (a) to assist in the resolution of disputes between the [municipality /
      municipal entity] select which is applicable and other persons regarding –
      (i) any decisions or actions taken in the implementation of the supply
      chain management system; or
      (ii) any matter arising from a contract awarded in the course of the
      supply chain management system; or
      (b) to deal with objections, complaints or queries regarding any such
      decisions or actions or any matters arising from such contract.
      (2) The accounting officer, or another official designated by the
      accounting officer, is responsible for assisting the appointed person to perform
      his or her functions effectively.
      (3) The person appointed must –
      (a) strive to resolve promptly all disputes, objections, complaints or
      queries received; and
      (b) submit monthly reports to the accounting officer on all disputes,
      objections, complaints or queries received, attended to or resolved.
      (4) A dispute, objection, complaint or query may be referred to the
      relevant provincial treasury if –
      (a) the dispute, objection, complaint or query is not resolved within 60 days;
      or
      (b) no response is forthcoming within 60 days .
      (5) If the provincial treasury does not or cannot resolve the matter, the
      dispute, objection, complaint or query may be referred to the National Treasury for resolution.
      (6) This paragraph must not be read as affecting a person’s rights to
      approach a court at any time.

  2. Municipal budget 2013/2014. Am I correct that the cost increases per household is 27% add up all the increases, water, power, sewerage, refuse and rates. I have not added the extra for VAT.

  3. The outcome of this intense debate will be of critical importance to the perception of Knysna Municipality (from within, but importantly too, from outside the town) as a body which conducts its business honestly and transparently. The evidence appears to be stacking up against them in the award of contract for the ISDF (though it should be made clear that they were not obliged to accept the cheapest bidder as optimal). Given that Ms Waring appears to have closed the door on further discussion, and the Municipality is charging on in spite of significant local objection to the choice of consultant, one hopes that drivers within the Municipality will have the good grace to resign if at the end of all this, they get egg on their faces and are forced to climb down. Our Mayor is of course one such driver. And by the way, it is not only those who put pen to paper with their objections to the award of contract, who comprise those who are against it. Far from it. Many in my local golf club, a bastion of existing and former business people, are talking disconcertedly, about how the matter has been handled.

    Municipality and its treatment of Objectors is quite a good test of local democracy, and whether the term has any real meaning in our town. The whole business has parallels incidentally (given the implications for future expenditure) to what is going on presently in Sao Paulo (where people have, in desperation, taken to the streets to protest about huge World Cup spending, at the expense of more basic services which ought to have had higher priority. Ring any bells?). The same in Istanbul, where protesters are fed up with autocratic government, and profit driven plans to turn one of the city’s few remaining green spaces over to supermarket development.

    And speaking of the World Cup, the rats who in the lead up to 2010 were responsible for placing Knysna up to its neck in unnecessary debt so that we could entertain a few poncey French footballers, have long since left the sinking ship. Oops! Will the current Mayor now take legal action (as threatened) for metaphorical use of the term ‘rats’?

    • “Municipality and its treatment of objectors is quite a good test of local democracy, and whether the term has any real meaning in our town.” What you said is key and that gauge has sadly been failed more often than not.

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