The Office of the Premier Gauteng Provincial Government
Dear Premier,
I write to formally request provincial oversight in terms of Section 139 of the Constitution, arising from the conduct of the City of Johannesburg’s MMC for Public Safety, and to request that your office require the Executive Mayor to institute a formal investigation into these matters.
At the outset, I wish to be clear:
I, and ActionSA, are firmly opposed to hijacked buildings, criminal syndicates, illegal occupation and the erosion of state authority in Johannesburg’s inner city. These buildings pose a serious threat to public safety, urban governance and the rule of law and must be addressed decisively.
However, decisive action must remain lawful and accountable.
The MMC has publicly stated and demonstrated that he is negotiating with occupants of hijacked buildings and “reclaiming” buildings through executive action. These actions appear to be taking place without any Council-approved policy framework, without court orders, and outside the processes prescribed by the Constitution and national legislation. This gives rise to serious concern that powers not conferred by law are being exercised.
Section 26 of the Constitution is explicit that evictions and displacement require judicial oversight. The PIE Act exists to ensure due process and to prevent arbitrary executive action. Furthermore, municipal governance frameworks are clear that policy authority vests in Council, not in individual MMCs acting unilaterally. At present, there is no Council resolution or approved framework authorising the MMC to negotiate control of buildings or effect “reclamation” outside judicial processes.
Compounding these concerns is the MMC’s failure to account to Council oversight structures. As the Former Chairperson of the Section 79 Public Safety Committee, I confirm that the MMC failed to attend a mandatory oversight meeting convened to require him to account on these matters. This failure undermines Council oversight and the principles of accountable governance. As a result, the MMC has been formally referred to the Ethics Committee.
Premier, the combination of potentially unlawful executive conduct and a failure to submit to mandatory oversight raises serious governance concerns and places the City at legal and institutional risk. This is precisely the type of situation Section 139 of the Constitution was designed to address, where provincial oversight is required to ensure compliance with constitutional and statutory obligations.
I therefore respectfully request that your office:
1. Exercise Section 139 oversight in respect of this matter;
2. Require the Executive Mayor of Johannesburg to formally investigate the conduct of the MMC for Public Safety, including compliance with constitutional, statutory and Council processes; and
3. Ensure that all actions relating to hijacked buildings are aligned with the Constitution, the PIE Act, and Council-approved policy frameworks.
Johannesburg requires leadership that is firm against criminality but equally committed to constitutional governance and accountability. The rule of law must be strengthened, not bypassed.
I trust this matter will receive your urgent attention.
Yours sincerely,
Cllr Marcel Coutriers & Cllr Sarah Wissler
Johannesburg Caucus Leader & Whip of ActionSA Section 79 (Former Chairperson of Public Safety Committee)
Request For Section 139 Provincial Oversight and Mayoral Investigation into the Conduct of the MMC for Public Safety
The Office of the Premier Gauteng Provincial Government
Dear Premier,
I write to formally request provincial oversight in terms of Section 139 of the Constitution, arising from the conduct of the City of Johannesburg’s MMC for Public Safety, and to request that your office require the Executive Mayor to institute a formal investigation into these matters.
At the outset, I wish to be clear:
I, and ActionSA, are firmly opposed to hijacked buildings, criminal syndicates, illegal occupation and the erosion of state authority in Johannesburg’s inner city. These buildings pose a serious threat to public safety, urban governance and the rule of law and must be addressed decisively.
However, decisive action must remain lawful and accountable.
The MMC has publicly stated and demonstrated that he is negotiating with occupants of hijacked buildings and “reclaiming” buildings through executive action. These actions appear to be taking place without any Council-approved policy framework, without court orders, and outside the processes prescribed by the Constitution and national legislation. This gives rise to serious concern that powers not conferred by law are being exercised.
Section 26 of the Constitution is explicit that evictions and displacement require judicial oversight. The PIE Act exists to ensure due process and to prevent arbitrary executive action. Furthermore, municipal governance frameworks are clear that policy authority vests in Council, not in individual MMCs acting unilaterally. At present, there is no Council resolution or approved framework authorising the MMC to negotiate control of buildings or effect “reclamation” outside judicial processes.
Compounding these concerns is the MMC’s failure to account to Council oversight structures. As the Former Chairperson of the Section 79 Public Safety Committee, I confirm that the MMC failed to attend a mandatory oversight meeting convened to require him to account on these matters. This failure undermines Council oversight and the principles of accountable governance. As a result, the MMC has been formally referred to the Ethics Committee.
Premier, the combination of potentially unlawful executive conduct and a failure to submit to mandatory oversight raises serious governance concerns and places the City at legal and institutional risk. This is precisely the type of situation Section 139 of the Constitution was designed to address, where provincial oversight is required to ensure compliance with constitutional and statutory obligations.
I therefore respectfully request that your office:
1. Exercise Section 139 oversight in respect of this matter;
2. Require the Executive Mayor of Johannesburg to formally investigate the conduct of the MMC for Public Safety, including compliance with constitutional, statutory and Council processes; and
3. Ensure that all actions relating to hijacked buildings are aligned with the Constitution, the PIE Act, and Council-approved policy frameworks.
Johannesburg requires leadership that is firm against criminality but equally committed to constitutional governance and accountability. The rule of law must be strengthened, not bypassed.
I trust this matter will receive your urgent attention.
Yours sincerely,
Cllr Marcel Coutriers & Cllr Sarah Wissler
Johannesburg Caucus Leader & Whip of ActionSA Section 79 (Former Chairperson of Public Safety Committee)