Chairperson, Chairperson of the NCOP Madam Naledi Pandor in absentia, Deputy Chairperson of the NCOP Lawrence Mushwana in absentia, Minister for Provincial and Local Government Mr Sydney Mufamadi, members of the Council, ladies and gentlemen, I greet you all. This is a significant plenary meeting for local government. It signifies the closure of the local government interim phase and opens a new chapter for a permanent feature of local government in South Africa.
We planned together in the preinterim phase, we implemented together in the interim phase, and we shall consolidate together in the final phase of local government. I must also indicate that this has not been without challenges for both politicians and officials within local government. The Local Government: Municipal Systems Bill defines a municipality as consisting of ``the political structures and administration of the municipality; and the community of the municipality.'' The emphasis here is on the community of the municipality.
The emphasis throughout this Bill is on community participation, that is, government with the people. It therefore changes the classic definition of democracy to ``government of the people by the people and with the people,'' and no more, ``for the people''. To us this is the fulfilment of one of the historic documents in South Africa, the Freedom Charter, which states that the people shall govern.
While local government in South Africa is a creature of the South African Constitution, the Municipal Systems Bill provides the legal nature, rights and duties of municipalities. Read together with the Municipal Structures Act, the Municipal Systems Bill provides clarity on municipal powers and functions. It encourages community participation as part of the developmental role of local government. The proposed integrated development planning programmes bear testimony to this.
The Municipal Systems Bill requires municipalities to set up their own performance management system, to provide for alternative delivery mechanisms and to form municipal services partnerships. Municipalities will be obliged to apply credit control measures to communities who do not pay for services rendered. The plight of indigent residents will, of course, be considered favourably, but indigent residents will still have to pay for services consumed.
Finally, the Bill deals with the codes of conduct for councillors and for municipal staff members. It also provides for provincial interventions when all is said and done, eg when municipal assistance and capacity is provided, but a municipality still fails to execute its duties in terms of section 156 of the South African Constitution.
Public administration at local government level will be simplified by this legislation, the South African Constitution, and other pieces of legislation such as the Local Government: Municipal Demarcation Act, the Local Government: Municipal Structures Act, the Municipal Finance Management Bill, the Promotion of Access to Information Act, the Administration of Justice Act, etc.
Extensive consultation in the process of formulating this legislation took place with various stakeholders submitting inputs. We could, without doubt, say that we, as organised local government, have complied with the provisions of section 154(2) of the Constitution. In this regard we want to thank the chairpersons of the portfolio committee and the select committee, Mr Carrim and Mr Bhabha respectively.
Salga supports the present version of the Bill and that it be enacted and promulgated.
Referring to what the DP has said regarding Salga, I recommend that they read their Constitution very carefully, especially section 163, which deals with the manner in which Salga has to be consulted on matters regarding local government. This is also emphasised in section 154(2) of the Constitution. I will not elaborate on these points. [Applause.]