Last week Cabinet decided to invoke Section 100 (1) on the Constitution, effectively putting the whole provincial administration under administration after Cabinet put the province’s health department under administration two weeks before.
In a letter to acting North West Premier Wendy Nelson, Chairperson of the IMTT, Minister of Planning, Monitoring and Evaluation in the Presidency, Nkosazana Dlamini-Zuma, said the IMTT will return to the province to assess the state of affairs and assist the province to “recover and stabilise the situation”.
Every Minister will also assess their equivalent provincial department to advise the IMTT.
The IMTT will report to every Cabinet meeting until “the critical issues are resolved”.
Further details on this are expected to be announced at a media briefing later this week.
Meanwhile, a Parliamentary process is underway. As required by the Constitution, President Cyril Ramaphosa, on 11 May, informed the Chairperson of the National Council of Provinces [NCOP] of Cabinet’s decision to invoke Section 100.
Modise will table the President’s letter through Parliament’s official publication, Announcements, Tablings and Committee Reports (ATC), for the attention of MP’s during this week, Parliament’s spokesperson Moloto Mothapo said in a statement.
“The matter will follow an ordinary course of parliamentary procedure, which includes it being referred to a committee or committees of the House for processing,” he explained.
“As enjoined by the Constitution, the National Council of Provinces must independently conduct its own assessment that the National Executive observed all procedures and circumstances for the intervention and must make a determination within 180 days.”
The Constitution states that intervention must end if the NCOP disapproves thereof within 180 days after the intervention began or after 180 days has not approved the intervention.
The NCOP is also required by the Constitution to review the intervention regularly and may make any appropriate recommendations to the national executive while it continues.
Section 100 of the Constitution states that the national government may intervene in a province when “a province cannot or does not fulfil an executive obligation in terms of the Constitution or legislation”.