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FOR WRITTEN REPLY
NATIONAL COUNCIL OF PROVINCES
PARLIAMENTARY QUESTION NO 355
Mr M H Mokgobi (ANC-Limpopo) to ask the Minister for Cooperative Governance
and Traditional Affairs:
1) Whether his department and the SA Local Government Association are
monitoring in accordance with their mandates the role of other organs
of State that are working in the local government sector (details
furnished); if not, why not; if so, what are the relevant details;
2) What are the departmentâs (a) short-term measures and (b) hands-on
approach to assist municipalities that are currently under
administration to return to functionality (details furnished)?
REPLY:
1) Regarding the first part of Honourable Mokgobiâs question, the
question may not directly apply to my department as this department
does not necessarily play a monitoring role over other organs of State
that are working in the local government sector, but works together
with them to make it possible to achieve their mandates. However, the
Department does monitor the provincial sphere of government in the
performance of its support role in the municipalities as provided for
in section 154(1) of the Constitution. The Department works together
with provincial governments to see to the effective performance by
municipalities of their functions, as per the provisions of section
155(7) of the Constitution. Also, in terms of section 47 of the
Municipal Systems Act of 2000, the MEC for local government must
annually compile and submit to the provincial legislature and to me
(as the Minister) a consolidated report on the performance of
municipalities in the province. This report, which must also be
submitted to the NCOP, must identify municipalities that
underperformed during the year, propose remedial action to be taken
and be published in the Provincial Gazette. Furthermore, in terms of
section 48 of the same Act, I (as the Minister) must, annually,
compile and submit to Parliament and the MECs for local government a
consolidated report of local government performance in terms of
general performance indicators.
The South African Local Government Association (SALGA), on its part,
has, as one of its mandates or roles, a duty to develop capacity
within municipalities. In its strategic plan for 2012 to 2017, SALGA
has, among its goals, âthe attainment of financially and
organizationally capacitated municipalities, as well as âeffective and
efficient administrationâ in municipalities. It also has to develop
and maintain relationships with other organs of state whose functions
impact on service delivery and municipal functioning.
2) In answering this question, it should be noted that, currently, there
are ten municipalities that are under administration in terms of
section 139(1)(b) of the Constitution, in which the provincial
executives concerned have assumed responsibility for the relevant
obligation or obligations that the municipalities failed to fulfill.
They are Indaka, Mtubatuba, Imbabazane, Abaqulusi and Umvoti local
municipalities (KwaZulu-Natal); Ditsobotla, Maquassi Hills and
Matlosana local municipalities (North West); Emalahleni and
Bushbuckridge local municipalities (Mpumalanga). In addition, there
are three municipalities that are under discretionary financial
interventions in terms of section 136 (2) of the Municipal Finance
Management Act, read with section 139(1) of the Constitution. They are
Umzinyathi, Uthukela and Ugu district municipalities in KwaZulu-Natal.
This brings the total number of municipalities that are currently
subjected to interventions to thirteen.
There are three types of challenges that would ordinarily trigger
interventions in municipalities as per section 139 of the
Constitution. They are; the failure to fulfil an executive obligation,
failure to approve a budget and the breach of obligations. These
triggers are generally categorized under the governance, financial
management and service delivery performance areas.
(a) In regard to the short-term measures Honourable Mokgobi has referred
to, all of the above municipalities, particularly those under section
139(1)(b), have provincial recovery plans in place, which targets the
specific areas of underperformance. To obtain an immediate and full
picture of the status of the municipality under intervention, the
department liaises with the province concerned, assesses, reviews and
undertakes site visits to ensure that progress is being made. The
short-term measures that are applied will vary depending on the
challenges faced by each municipality.
(b) To facilitate hands-on support, a database, record of interventions
and its causes is kept updated. A special inter-branch Coordinating
Committee for section 139 interventions has been established, and this
multi-disciplinary team directs the necessary support during
interventions. The support is given in governance, financial
management and service delivery matters.
i. Governance
Support in governance is often given through the provision of training
and workshops to municipal personnel, especially the managers. Skilled
personnel from the Department are, where necessary, seconded to
municipalities to provide support in those areas in which the
municipalities are found wanting. The broad approach of the
Department, however, is to allow the provincial executive implement
each intervention and provide support in line with the resolution it
had adopted when it resolved to intervene in the municipality
concerned. This is because provinces have a duty to support and
strengthen the capacity of municipalities as provided for in section
154(1) of the Constitution. Furthermore, the MECs responsible for
local government are required to submit regular progress reports on
the interventions in order for the Minister and the Department to be
kept informed of the developments that are taking place in the
municipalities under administration and to provide assistance where
necessary.
ii. Financial Management
We maintain a close relationship with National Treasury, which has
financial oversight vis-a-vis the Municipal Finance Management Act,
for the scrutiny of Section 71 Reports. The department also works
continuously in supporting effective and functional Municipal Public
Accounts Committees and programmes to exercise oversight on
implementation of the recommendations of the Auditor-General.
Monitoring is a continuous activity, and is currently particularly
focused on the Municipal Systems Act Amendment Regulations regarding
the appointment of properly qualified and skilled Section 57 Managers.
The departmentâs Anti-Corruption unit also works closely with
investigative agencies to seek to curb practices of maladministration
in municipalities.
iii. Service Delivery
The Municipal Infrastructure Support Agent is a major support player
in the deployment of technical skills support. Of the thirteen
municipalities currently under intervention, Mtubatuba, Ugu,
Umzinyathi, Uthukela and Bushbuckridge are receiving support from
MISA. Regular reporting is also conducted by the department on the
municipalitiesâ capacity to execute projects under the Municipal
Infrastructure Grant, and to divert funds to MISA for additional
project management support. The Department also facilitates requests
for assistance from other organs of state to assist in specific areas.
Examples of such requests are to institutions such as Eskom,
Department of Water Affairs, National Treasury and the Development
Bank of Southern Africa.
In addition to these measures, targeted visits to municipalities that
are under administration will determine what other measures, if any,
should be developed or adopted in order to assist the municipalities
to become fully functional again. The Department also assesses the
close-out reports that provinces are required to submit to the
Minister at the end of each intervention, in order to determine the
extent of the recovery, and whether sustainability and viability have
been restored.