Municipality’s WhatsApp notification is invalid and contrary to legislation, warns AfriForum

The Matlosana Local Municipality’s use of a WhatsApp message as a notice of an official meeting as part of a public participation process is, according to AfriForum’s Klerksdorp branch, in serious conflict with legislation. The branch therefore demands that this “notice” distributed for a meeting on the Medium-Term Revenue and Expenditure Framework (MTREF) be declared invalid. The organisation also insists that a new legal notice be issued, that the meeting scheduled for today (7 May) be postponed ensuring proper public participation and that such notices must henceforth be made in a timely, official and accessible manner in accordance with legislation.

A notice of the meeting was originally published in the Klerksdorp Record on 11 April. However, on the day of the planned meeting (14 April), the notice was suddenly marked as “postponed” in the Record without any official follow-up communication to the public, as required by law. This past weekend, an alternative notice was circulated only via a WhatsApp group, announcing the rescheduled meeting for today.

In a letter sent to the Matlosana Municipality yesterday (6 May), AfriForum stressed the critical importance of proper public participation in municipal governance. The organisation also expressed serious concerns about the non-compliance with, in particular, Sections 21 and 21A(1) of the Local Government: Municipal Systems Amendment Act 44 of 2003 in the notification process for the MTREF participation meeting.

Section 21 of the Act requires that public notices must be communicated to the local community through the media in either a local newspaper or a newspaper circulating in the area and recognised by the municipal council as a newspaper of record or via a radio station broadcasting in the municipal area. This Section also provides that the notices must be published in the official languages ​​of the municipality, considering the language preferences and use of the language in the area, and that a copy of the notice must appear in the Provincial Gazette where applicable. In addition, it must also be displayed at the municipal head and branch offices and libraries, on municipal notice boards at the head office and other official places, in accordance with Section 21A of the Act, and the notice must, if applicable, invite the community to submit inputs.

Although the law does not prescribe a pertinent timeframe for the publication of notices, according to Alta Pretorius, AfriForum’s District Coordinator for the Mooi River, a reasonable period of 14 days’ notice prior to an event is generally used in municipal practice and guidelines. In this case, even through the unacceptable communication channel, less than six days’ notice was given for the rescheduled date of 7 May.

According to Pretorius, the exclusive use of WhatsApp communication for such an important public notice undermines the legal requirements and the fundamental principles of transparency, accountability and meaningful public participation enshrined in both the Constitution and the Municipal Systems Act.

“Effective public participation is essential for democratic governance, the promotion of trust between municipalities and their communities and to ensure that decisions reflect the needs and views of the people,” says Frans Roos, AfriForum’s Local Government Affairs Officer for the Klerksdorp branch.

“If these corrective steps are not taken promptly, we reserve the right to escalate the matter to the Northwest Department of Cooperative Governance and Traditional Affairs and other relevant oversight bodies,” concludes Pretorius.

To join AfriForum’s Klerksdorp branch, contact Henda Jordaan on 082 783 5272.