Sandbaai Ward 7 Meeting – Clarification of Processes

Overstrand Municipality is aware of the public concern following the Ward 7 ordinary ward committee meeting held in Sandbaai last week. A Video snippet of the meeting has been widely circulated on social media, creating a negative perception of how local democratic processes are conducted in the Overstrand.

The Municipality notes the heightened emotions surrounding the incident. It is also evident that commentary has been made without a full understanding of the applicable processes and procedures. It is often easier to criticise when one is not a regular attendee of ward committee meetings and therefore not familiar with how these structures function.

It is, however, important to place the events in their proper procedural and legislative context.

Presence of Municipal Law Enforcement

In line with standard municipal practice, the Municipal Law Enforcement unit is informed of the dates, times and venues of official municipal meetings, including ward committee meetings and outreach initiatives such as Indigent Grant application processes. Officers routinely patrol between venues as part of their normal operational duties.

Where there is a reasonable expectation of disruption – particularly in instances where previous meetings in the area have become disorderly – the Ward Councillor may request additional patrols or standby support as a precautionary measure. This is done to ensure the safety of all attendees and the orderly conduct of the meeting.

When a meeting is disrupted and the chairperson is unable to proceed in an orderly manner, law enforcement officials may remove individuals who are preventing the meeting from continuing. Such action is taken to restore order and allow the meeting to proceed within the framework of the rules governing ward committees.

Allegations Regarding the Legitimacy of the Ward Committee

The Municipality is aware of ongoing concerns raised by certain members of the public regarding the legitimacy and functioning of the Ward 7 Committee.

This matter was previously referred to the Provincial Department of Local Government, and a workshop was held with the ward committee approximately two weeks ago. The Speaker has again referred the matter to the Provincial Minister of Local Government, Anton Bredell, for further consideration.

It is anticipated that the Provincial Department will determine the appropriate course of action, which may include a formal investigation if deemed necessary. The Municipality will be guided by the outcome of that process. For this reason, it would be premature to make any definitive pronouncements before receiving a formal response from the Minister’s office.

Legislative and Procedural Framework

Ward committees are established and governed in terms of Sections 72 to 78 of the Local Government: Municipal Structures Act, 1998. According to the adopted Ward Committee Rules of Overstrand Municipality:

• Advisory Bodies: Ward committees are advisory bodies without executive powers.
• Role: Their primary role is to enhance participatory democracy and act as the official communication channel between the community and the Municipality.
• Responsibilities: They assist in the preparation, implementation, and review of the Integrated Development Plan (IDP), budget processes, and performance management systems.

It is important to note that there is a distinct difference between ordinary ward committee meetings and quarterly public report-back meetings. While both types of meetings are open to the public, the procedural rules regarding participation and voting are different.

At an ordinary ward committee meeting, only duly elected ward committee members may vote. Members of the public do not have voting rights at such meetings. Ward committee members represent specific organisations, sectors or geographical blocks within the ward and are required to report back to their constituencies.

In the case of the Ward 7 meeting, the matter under discussion related to IDP priorities. The recorded vote was six in favour and four against. In accordance with the rules, this vote was confined to ward committee members. The public does not exercise direct voting rights in this forum, and the advisory nature of the ward committee must also be emphasised — final authority on IDP matters rests with Council.

Democratic Principles and Conduct

The Municipality does not regard the removal of any member of the public from a meeting as a desirable outcome. However, meetings must be conducted in a manner that allows business to proceed in an orderly and lawful way. The enforcement of meeting rules is not inconsistent with democratic practice; rather, it is intended to safeguard structured and fair participation.

Law enforcement is only called upon when disruption prevents the meeting from continuing according to the established procedures. This action is taken solely to restore order and ensure that the meeting can proceed in line with the rules, allowing all participants to contribute in a respectful and structured environment.

Way Forward

The Municipality remains committed to participatory democracy, transparent governance and adherence to the rule of law. Ward committees are intended to strengthen community input into municipal processes, not to exclude it.

All stakeholders are encouraged to engage constructively and respectfully through the established channels, to respect the adopted rules of order, and to contribute meaningfully to discussions that shape the future of their communities.