Co-operative Governance MEC Nomusa Dube
The Zululand District Municipality has vowed to challenge the constitutionality of the blue-light ban for local government officials, arguing that the directive needs to either apply to all tiers of government or none at all.
Implementing the ban at local government level implied that those officials were “the small boys” of government, and “whipping boys”, a spokesman said.
This reaction was to a warning by Co-operative Governance MEC Nomusa Dube this week that mayors, councillors and municipal officials who flouted her June directive prohibiting the use of blue lights would face swift action.
“This warning has come about as a result of numerous complaints that I have received from the Road Traffic Inspectorate. I would therefore draw the attention of all mayors to the content of the circular which was given to them in June, prohibiting the use of blue lights,” Dube said.
The circular says traffic and municipal police may not provide local government officials with a blue-light escort unless the car is driven by a police officer.
“Failure to comply with this directive could lead to the department having to take action against those that are found guilty,” Dube said.
However, the Zululand municipality has come out fighting the ban, and is engaging the SA Local Government Association and the MEC on the matter.
Council Speaker Mpiyakhe Hlatshwayo said yesterday that while the intention of the ban was for road safety, it was still unconstitutional as it divided the three tiers of the government.
“Allowing national and provincial government officials to use blue lights, but not local government, is not fully constitutional. If the intention is about safety, then it should affect all three tiers of government,” he said.
The municipality would ask the MEC to “give it an audience” on this matter.
“Through the provincial arm of government, we will then be able to engage the national government,” Hlatshwayo said.
However, the municipality would abide by the ruling until then.
Dube’s spokesman, Lennox Mabaso, said he was not willing to comment on the municipality’s argument as the department had internal processes and communication channels to enable the municipality to engage with it.
DA Transport spokesman Radley Keys said he supported the directive, but was aware of municipalities that were still using the blue lights, despite the prohibition.
The eThekwini municipality supported Dube’s directive.
Council Speaker Logie Naidoo said officials did not use blue lights or have escort vehicles.
