What happened to PP’s recommendations in the Midvaal case?

The Mzanele Manyi Decolonisation Foundation says the Public Protector Thuli Madonsela has abandoned the implementation of her recommendations in matters that carried a public benefit for the members of the affected communities. For example, it was reported in the media on the 8th of November 2011 that the “Public Protector Thuli Madonsela released a scathing 4 | P a g e report on the Midvaal municipality on Tuesday, saying it had breached financial and administrative policies. She said the municipality, the only one run by the Democratic Alliance in Gauteng, violated the Preferential Procurement Policy Framework. This was because it had, for the past 30 years, retained the same legal firm without going through proper procedures. The accounting department failed to comply with the prescribed debt management collection and did not take “timeous action” against an agent who owed R869 261 through the sale of pre-paid electricity”. 8. The reports go further to state that “Madonsela also found fault with the municipality’s handling of property related affairs, saying this “did not comply with the law”. Title deeds of some properties, handed over by ratepayers who could not financially afford to keep them, were not transferred to the municipality but to a law firm owned by the DA Midvaal leader Andre Odendaal. In 2006, the same legal firm was awarded another tender for debt collection and auctioneering in violation of the Local Government Transition Act, she said. “The awarding of the tender failed to comply with the principles of fairness and competitiveness as provided for by section 217 of the Constitution. “The company’s contract was deliberately and continuously extended which allowed it to gain an unfair advantage over other prospective service providers. In one incident, a house worth R118 000 that belonged to a late ratepayer—who owed the municipality R5 240—was “auctioned” by Odendaal at R10 000 to a company he owned and was later sold for R180 000.”

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