Despite what the law and the courts say in the interests of public participation, the City of Cape Town and all the other metros in South Africa have not made their service delivery agreements public.
Section 75 of the Municipal Finance Management Act 56 of 2003 (MFMA) deals with, "Information to be placed on websites of municipalities". Section 75(1)(e) explicitly requires accounting officers to place "all service delivery agreements" (SDAs) entered into by a municipality on its website. The City of Cape Town, and its accounting officer, City Manager Lungelo Mbandazayo, has failed and refused to do so.
This failure and refusal mean that the City of Cape Town, and in particular its accounting officer, are not complying with statutory law. In addition, this non-compliance on Mbandazayo's part means he is also in breach of the annual performance agreement he is required to enter into with the city. This is because that agreement states that "provisions of the MFMA, in relation to the responsibilities conferred on an accounting officer", form part of the performance agreement.
The Social Justice Coalition (SJC), has highlighted the city's non-compliance with Section 75 of the MFMA to no avail since 2012. The organisation has found...