department of co-operative governance and traditional affairs republic of south africa

1. DEPARTMENT OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRSREPUBLIC OF SOUTH AFRICA

9. Current State of Local Government Key local government developments AND emerging issues:- Powers and Functions; 2. Institutional Systems; 3. Political Systems; 4. Administrative Systems; Municipal Finance; Co-operative Government; Outcomes; 8. Local Government Post 2009/2011 Elections: An impact assessment.

10. Powers & Functions What was Envisaged? Clearly defined functional areas that are the responsibility of local government. legislative and executive powers to administer and fulfill these functions.   Assignment and delegation of other (provincial and national) functions. Emerging Issues disjuncture between functions in the constitution and the developmental role of local government. current local government functions do not enable local government to make the maximum social and economic impact envisaged. uncertain which sphere is accountable for a function or service while other functions are better performed by another sphere than the one allocated the responsibility. Uncertainty undermines accountability and hampers service delivery and causes tensions

11. Institutional Systems What was Envisaged? three types of municipalities identified in the Constitution (Category A, B & C) Districts were envisaged to fulfil the following key roles: district-wide integrated development planning, infrastructure development (particularly bulk), technical assistance, capacity building to local municipalities and direct service delivery on areas of inadequate administrative capacity of locals.   Emerging Issues strong district local government has not come to pass and local municipalities remain dominant Water supply and sanitation functions have been assigned to LMs in 22 districts. LMs are electricity authority with DMs nominally being authority for areas where Eskom is service provider. Misalignment between category B and C Municipalities in the IDP. Insufficient understanding (in both DMs and LMs of respective roles, functions and responsibilities. DMs are caught up in squabbles over powers and functions & plagued by uncertainty regarding their funding.

12. Political Systems What was Envisaged directly elected municipal councils, comprising ward councillors and PR councillors. Unlike at national and provincial level, the council holds both legislative and executive powers. three modes of executive governance, namely inclusive executive committees; strong executive mayors and plenary councils.   defined roles and areas of responsibility of each political structure and political office bearer. various systems of delegation from the elected council. Emerging Issues continued uncertainty around the role of councillors (PR vs constituency) Lack of clarity around roles and responsibilities giving rise to conflict between mayors and speakers, speakers and chief whips, etc; failure to comply with the policy and legislative provisions, operational problems and blockages due to direct inability on the part of political decision-makers as well as administrative officials to agree on the role to be played by each governance structure and political office bearer; Failure to implement appropriate systems of delegation;

13. Administrative Systems What was Envisaged New approaches building on existing capacity, corporatisation, public-public partnerships, partnerships with CBOs and NGOs, etc. capacity requirements for developmental local government: strategic capacity, integrating capacity and community orientation. local government training system highlighting the need for a regulator (LGSETA), purchasers and providers. Labour relations, in particular the role of SALGBC and SALGA. Roles of other spheres of government in terms of building administrative systems (capacity building). Emerging Issues Municipalities have not taken up new approaches to service delivery, challenge with Section 78 and MFMA Processes; Whilst good progress has been made largely through 5 YLGSA, capacity constraints have crippled developmental local government.

14. Capacity Constraints

16. With the two-term limit applicable to Mayors, local government faces prospect of losing critical political leadership; Evidence of imminent loss of key skills and experience: Mayors serving first terms: 222 Mayors serving second terms: 61 TOTAL: 283 INDICATIONS THAT: current legislation more than 25% of current Mayors not returning. definite loss of capacity = negative consequences for service delivery. Possible departure of some MMs exacerbates situation even further.

29. 2007/08 A number of collective agreements were proposed and resolutions presented to SALGBC to advocate labour peace in the sector. Included A collective agreement on the minimum uniform conditions of service for the sector. Disciplinary code and minimum essential services are being negotiated. Resolutions on matters (e.g. TASK grading) tabled and being attended to by parties at SALGBC. Medical Aid restructuring – Six Medical Schemes have been restructured to five. Pension Fund restructuring – Received Mediator’s proposal which SALGA initially

30. 2007/08 Collective agreements (continued…) Facilitated employee transfers from Municipalities to REDS – Finalised “Draft” Transfer of Employees Collective Agreement (which will guide the placement of employees) MoU signed between SALGA and EDI to safeguard the interest of municipalities. SALGA is in the process of consolidating the ‘Due Diligence document to safeguard employees’ benefits for submission to EDI. A number of municipalities were assisted with and represented on conciliations, arbitrations and Labour court cases and other matters.

33. 2007/08 570 individuals had graduated from the executive leadership municipal development programme, and 471 registered with University of Pretoria for the following year 926 councillors were trained nationally on the housing induction programme 960 senior finance officials and councillors have graduated to date from the Wits Business School in a partnership programme co-hosted by SALGA and LGSETA At the end of March 2008, 2552 councillors and senior officials had received training through SALGA