Chairperson of the NCOP the hon M J Mahlangu, fellow members of the executive, Deputy Minister Carrim, Premier Jenkins, members of the executive councils, members of the National Council of Provinces and provincial legislatures, ladies and gentlemen, it was during the policy debates in May this year that we spoke in this House of the importance of hosting a debate on how best we can further support and strengthen the role of the NCOP in terms of co-operative governance and intergovernmental relations, in order for us all to achieve our objectives.
I would therefore like to thank this House and the hon Chairperson for making this much-needed debate a reality. Hon members, without a doubt we, as government, have a clear understanding of the mandate we have been given through the results of the 2009 national government elections, as to the expectations that the South African electorate have of us. This responsibility we carry speaks to the need to ensure that in our work across all spheres of government we are always conscious of improving the functions of government to ensure maximum quality outputs in service delivery.
The need for our work to have a greater impact is further highlighted by the outcomes-based approach of President Zuma's administration, where each national government Minister has signed a performance agreement based on a number of government outcomes, relevant to the particular national department.
In the case of the national Minister of Public Works, and in turn the department, our commitment to the President is based on achieving the following outcomes: creating decent employment through inclusive economic growth; ensuring an efficient and effective development-orientated Public Service and an empowered and inclusive citizenship; and, lastly, achieving sustainable human settlements and an improved quality of household life. The achievement of these outcomes therefore depends on ensuring that there is proper alignment between the different spheres of government and in an effort to attain national socioeconomic goals for the benefit of South Africans, wherever they may be located. Key structures where Ministers meet their provincial counterparts, such as Minmec, ensure that the national and provincial spheres of government align their objectives to work as one in the achievement of the outcomes as agreed to by the national Ministers with the President.
Chairperson, it is therefore imperative that if we are to speak of ways in which we can ensure effective delivery by government or how we unlock synergy for collective effort, we use as a basis the rock which remains the birth certificate, founding document and pillar of the existence of this House, our government and our country as a whole. I think, hon Mokgobi, you are quite correct. It is a pity that the hon Harris wasn't here to listen to your political lecture, because I think hon Harris is a bit young. The federalism debate took place long before he had considered entering politics, and those that were promoting the federalism debate hardly have a presence in politics today; so be careful. Your easy victories might be short-lived. [Applause.] In this regard, it is the Constitution of the Republic of South Africa of 1996 which is the supreme law of the Republic. Law or conduct inconsistent with it is invalid and the obligations imposed by it must be fulfilled. The ANC stands by this.
Hon members, in the case of the national Department of Public Works, I would like to reflect on the mandate of the department, as spelled out by the Constitution. In its description of the mandate of the Department of Public Works, Schedule 4 of the Constitution speaks of the Department of Public Works as having functional areas of concurrent national and provincial legislative competence. It is the only department that is referred to in Schedule 4 as such. This does not apply to any other national department that has concurrent functions with the province. Section 40 of the Constitution speaks of how these functions should also be understood within the context of the basic principles of co-operative governance and intergovernmental relations, at a national, provincial and local sphere of government. These are distinct, interdependent and interrelated.
Hon members, it is, however, important that we qualify the Constitution's description of the mandate of Public Works. Our functioning is not the same compared as other national departments in relation to the provincial spheres of government. For instance, in the debate we had here in May, the issue was raised about schools, provincial roads, clinics, hospitals and housing. That is not the mandate of the national Department of Public Works. However, when it comes to the Expanded Public Works Programme, we are the co-ordinating department of what happens at provincial and local government levels.
It is our view that the interdependence and interrelatedness, in ordinary terms, point to the fact that actions or omissions in any of the spheres affect or impact on others, and vice versa. Since coming into office I have seen how the public's - and not only that of the public but also our own - somewhat limited understanding of the different roles of the Department of Public Works has impacted on the message we send out and caused further confusion. Examples of this include numerous complaints and comments that we receive via the talk-to-the-Minister e-mails where, on a daily basis, we receive correspondence from members of the public on Public Works-related matters, where the majority relate to a provincial or local government competency. A number of these complaints, have to do with the construction and maintenance of roads, which, in terms of the prescripts of the Constitution, do not fall within the mandate of the national Department of Public Works, but rather within that of the provincial or local government. This presents us with an opportunity to look at ways in which we can, whilst respecting the Constitution, find ways in which we can collectively, as government, put in place mechanisms where, irrespective of the complaint or provision of service in terms of our respective competencies, be able to assist each other in responding to the concerns of South Africans.
Crucially, provinces follow their own budgetary processes in their respective provincial legislatures. They further table their own strategic plans, annual reports and other reports to the legislatures.
As we reflect on the role of the NCOP in terms of co-operative government and intergovernmental relations, it is this House, the NCOP, which brings the business of national, provincial and local government together. It has the potential to unlock the synergy of our collective efforts. The unique role of the NCOP, that of bringing together the three spheres, could enable the identification of blockages to service delivery, so that we improve the lives of our people.
Hon members, for the purposes of this debate I would like to highlight, in particular, portions of the Constitution relevant to section 41, which speaks to the need for all spheres of government to co-operate with one another in mutual trust and good faith, by fostering friendly relations, assisting and supporting one another, informing one another of, and consulting one another on, matters of common interest, as well as co- ordinating their actions and legislation with one another.
A proper understanding of Public Works does indicate that the Minister and the department have wide constitutional executive mandates that should not be confined to narrowly conceived national or provincial legislation on Public Works. The broader constitutional interdependence and interrelatedness of government departments at national level and between the three spheres of government provide the proper contextual understanding of concurrent competence at legislative and executive levels.
It is critical that government Ministers, Members of Parliament, MECs, members of provincial legislatures, mayors and councillors have regular productive forums at which to discuss and find concrete deliverable ways in which we can improve service delivery to our people. It is through these platforms that I believe we will be able to find synergy and resonance in terms of fulfilling our mandate to the South African electorate as a whole.
I am certain that we all share the view that it is only with our reflection on these principles and through our own conscience that we will be able to foster closer ties and relations between the various spheres of government, which will allow us to be more effective as a government. I refer to our conscience so as to highlight the importance and responsibility we have in ensuring that our work is done in line with the founding principles of a democratic South Africa. This, I believe, is one way in which we can unlock the synergy for collective effort and ensure that we remain committed, and I quote from President Zuma, to "working together to speed up economic growth and transform the economy to create decent work and sustainable livelihoods".
In conclusion, the central message I would like to reinforce is that we must demystify the functions of Public Works at national and provincial levels. This can be done through our thoroughly interrogating Chapter 4 of the Constitution and ensuring that we properly understand what it says and agree that the outline of the concurrent functions of government does best serve us in terms of our provision of service to our people.
Hon members, for us to unlock synergy for collective effort, it is imperative that we utilise the principles of the legislative framework as set out in our founding document, which govern our existence as spheres of government. These principles compel us to work together, instead of in silos, to ensure quality service provision to our people. I thank you very much. [Applause.]