Tel: 016 360 7418 Fax: 016 360 2794 E-mail: mayor@midvaal.gov.

za

Office of the Executive Mayor

Our Ref: 10/1/1

21 July 2016

Dear Midvaal Residents,

The past few weeks have seen unusual disorder and violence in our normally stable
municipality, which has created confusion amongst the public. Reporting on the situation by
the media has been based on individual, often superficial perceptions.
Rumours have spread amongst communities, and there is a general feeling of uncertainty
hanging over Midvaal. I therefore feel that it is important to take the public into my
confidence at this precarious time, regardless of the risk that this may pose to me in a
personal capacity, in order to share the full details of the situation currently underway and
to dispel the rumours and untruths.
CONTEXT
On 28 June 2016, I issued a statement warning that it had come to my attention that there
was a plot by our political opponents to destabilise the municipality. I was not yet informed
as to the proposed details.
In 2015, Midvaals employees put forward a request that the entire municipality be re-graded
to a higher category of municipality. As management, we have fully supported this request,
but the local municipality does not have the authority to make such a decision. In order to
show our support for the staff, we submitted letters of motivation to the National Minister of
Cooperative Governance (COGTA) and the CEO of SALGA, requesting approval for the
implementation of a fair grading system.
On 21 June 2016, Midvaal employees began a go-slow strike. Midvaals management met
with the union leaders to establish the cause for concern, and agreed on a Memorandum of
Understanding (MoU). The MoU included various issues that the staff had raised as
concerns.
However, the municipality subsequently received a referral of dispute to the South African
Local Government Bargaining Council, regarding the subject matter of the MoU agreement.
The referral was deemed to have fallen outside of the spirit and intent of the MoU, and
regarded as negotiating in bad faith, at which point the MoU fell away.
On 7 July 2016, SAMWU arranged a march for its members, and also began daily picketing
outside the municipal offices over and exceeding lunch times. In a memorandum delivered
to the municipality on 7th July, amongst many other accusations, few of which related to the
contents of the Memorandum of Understanding or the issues under consideration at the

Bargaining Council, SAMWU accused the municipality of making discriminatory promotions

for certain levels of employees.
The accusation made by SAMWU relates to a job evaluation process which took place in
2012, when various positions were evaluated by the municipalitys grading committee. It is
critical to note that SAMWU, as a member of the grading committee, was a part of the job
evaluation process which took place in 2012. However, SAMWU has now decided to query
the very process which they were a part of.
At a conciliation hearing of a dispute referred to it by SAMWU on 13 July 2016, the South
African Local Government Bargaining Council resolved that no outcome certificate had been
issued with regard to their dispute. With no such certificate, the union cannot embark on a
protected strike, meaning that any strike is unprotected and illegal. SAMWU opted to
disregard the decision of the Bargaining Council, and on 14 July 2016, SAMWU members
began a violent protest in which they burnt and damaged infrastructure and property, and
threatened and intimidated law-abiding employees who were not part of the strike. The
municipalitys employees belong to two major unions i.e.: SAMWU and IMATU. IMATU has
removed themselves from the strike action and its members are not participating.
During this strike, SAMWU members caused damage to municipal infrastructure including
electricity supply to Golf Park, Extension 6, Sicelo, Meyerton Park, water meters and other
Council property in Meyerton, as well as water interruptions in Drumblade. They have
damaged private property and threatened the lives and property of staff members and
Councillors. Comments made to the media at the time included issues outside of those that
had already been identified.
It became clear that the opportune timing of SAMWU in raising an issue from 2012 in 2016,
and then including other, ever changing complaints, was a fulfilment of my warning
statement. According to a reliable source, a SAMWU-ANC plot is underway to destabilise
Midvaal by way of sabotaging service delivery and damaging public and private property in
the run-up to the local government elections on the 3rd of August 2016. I called on the ANC
to abandon the undemocratic plot, and to campaign with ideas and plans, rather than
intimidation and violence.
At the march on 14 July, SAMWU was supported by alliance partners SANCO and the ANC,
as well as the Freedom Front Plus (FF+), represented by Mr Kobus Hoffman from Midvaal.
We strongly condemn the actions of all those involved in these illegal activities. It is
imperative that at all times, we uphold the law. It is regrettable that the SAPS arrived late on
the scene of the march, and could not prevent or contain the violence. Unfortunately
Midvaal, as a local government municipality, has no mandate or influence over SAPS.
However, ten arrests were made on the day. . A complaint has been laid against SAPS for
not reacting earlier to the protestors and preventing damage.
My calls for peace and negotiation were ignored by SAMWU, who have continued to behave
in a destructive manner.
They have interfered with service delivery in an attempt to destabilise the municipality so that
residents become angry and to therefore encourage people to protest, holding us to ransom
as the elections loom. The protests being experienced on the R59 are by residents of
Sicelo, protesting about disruptions to their water and electricity services, which have been
disrupted by strikers, not by the municipality failing to deliver. The residents of these areas
should be aware that the municipality is not closing off the water supply to their areas.

OUR COMMUNITY
Amidst the chaos and turmoil, we were reminded once again why Midvaal is different from
any other municipality in the country. After the march, when town had been left filthy, DA
ward councillors and residents took to the streets and cleaned up all the litter. The
community came out in their numbers to help me pick up rubble and rubbish, to restore order
to our beloved streets. I cannot adequately describe the amount of goodwill and support that
I have received, with residents using their own resources, and pulling together to assist with
the cause. The character of the people of this area is something rare, and I want to thank
each individual who took ownership over their municipality and was determined not to allow
it to be destroyed. We will continue fighting the good fight together, and trying to limit the
disruption of services to our people, by collecting refuse and taking care of our town. In the
face of disorder, our people showed the same spirit they showed when we resisted the
demarcation, reaffirming the Midvaal character of pride in our municipality.
WAY FORWARD
We have put in place a number of steps to allow us to move forward as swiftly and as
peacefully as we can.
i.

ii.

iii.

iv.
v.

vi.

We are currently building a civil case against SAMWU, based on the fact that we
followed all legal processes to prevent them from striking, and that SAMWU still
decided to ignore the law.
The ten employees who were arrested at the illegal march have been suspended
pending an investigation into their conduct. If found to be unlawful, decisive action
will be taken against them. We will follow through with all those who were involved in
the strike, using work hours to interrupt and delay service delivery. These people will
face the consequences of their actions.
Costs for the destruction of property and infrastructure are currently being calculated,
and a case will be made for SAMWU to cover these costs as far as is possible, not
our residents.
A complaint has been laid against SAPS for not reacting earlier to the protestors and
preventing damage.
External service providers have been contracted to collect refuse. Unfortunately,
general service delivery levels will not be to the high standards our residents are
accustomed to, as we will be operating with a reduced number of staff, and we
apologise for the inconvenience over this period. Any residents who would like to
assist with clean-up campaigns can contact mayor@midvaal.gov.za.
We have employed extra security to ensure that we protect our staff and our
infrastructure, such as water and electricity. We also urge the community to continue
reporting water and sewer leaks to the Engineering Services Department, on 016 360
5800. If people are seen behaving suspiciously near key infrastructure, this should be
reported to 016 360 7500 or mayor@midvaal.gov.za.

The next few days leading up to the elections will be the toughest that Midvaal has faced
since the demarcation battle. These forces are trying to destabilise the municipality and
create fear to influence the election outcome. It is important, now more than ever, that we
come together, try to resolve the conflict and take ownership of our communities. Rest
assured that your Mayor and your municipality remain committed to safeguard the interests
of all our people. Let these few weeks of chaos and disruption not undo five years of
stability, good governance and excellent service delivery. I want to take this opportunity to
thank the people of Midvaal for entrusting us to lead you, and to emphasise that the DA will
remain a party of law and order, which stands for everyone. We will remain committed to

our principles of good governance and delivery of services to all our people. We have shown
throughout this difficult process that these two principles have always remained key. We
have followed legal procedures and abided by the law throughout the strike, and we have
attempted to minimise service disruptions as far as possible. I urge you to be patient, to
trust that Midvaal is in good hands, and to know that we are fighting this battle on behalf of
our residents.
As elections approach, strikes and protests are erupting in more and more locations across
the country. But stability will be re-established. We are dedicated to ensuring that a safe
environment in Midvaal is maintained, and that we can all resume working, driving, and
spending time with our children without fear or doubt. We shall continue with the route we
have taken to resolve this matter, which is to follow legal process, and we are confident that
in terms of the law we will succeed.
I remain PROUDLY MIDVAAL.
Yours sincerely

Bongani Baloyi
Your Loyal Servant