Local government and the water and environment functions Portfolio Committee on

1. Local government and the water and environment functions Portfolio Committee on Water and Environmental Affairs Orientation Workshop 13 – 14 July 2009 Mthobeli Kolisa Executive Director: Municipal Infrastructure Services

2. BRIEF • The SALGAto provide input on: • Institutions responsible for local government activities pertinent to the water and environmental sectors should be highlighted. • Their roles, mandate, purpose and composition of work in the sectors should be prioritised.

3. Mandate • Organised local government institution recognised in terms of the Organised Local Government Act • Mandate • Represent LG (Voice) • Advisor to municipalities • Employer role • limited to representing municipalities in collective employer processes • Does not employ on behalf of municipalities • Profiling LG

4. Structure of the presentation • Mandate of SALGA and structures • Local government and the water sector • Local government and the environmental sector • Some SALGA initiatives • LG and provincial government

5. SALGA • A platform for: • Consolidating and communicating local government perspectives • Sharing experiences and practices among municipalities • For use by national and provincial government structures to consult municipalities • Accountability of municipalities??? • To the association i.e. to each other as members of the association

6. SALGA’s ROLE SALGA IN THE CONTEXT OF ALL OTHERS National Provincial Other • Legislatures • Departments • Parliament • NCOP • Departments DBSA FFC Donors World Bank Civil Society UCLGA CLGF Etc... S A L G A Municipalities

8. SALGA GovernanceStructures

9. Section 152 of the Constitution • Municipal council must strive within its capacity to achieve its objectives: • Provide democratic and accountable government for local communities; • Ensure the provision of services to communities in a sustainable manner; • Promote a safe and healthy environment; • Promote social and economic development; • Encourage the involvement of communities and community organisations in matters of local government

10. Local government and the water sector

11. CATEGORIES OF MUNICIPALITIES Category B/ Local municipality 1 Metro Category B/ Local municipality 2 Category B/ local municipality 3 Category B/ Local municipality 4

12. Schedule 4 Part B of the Constitution Water and Sanitation Municipal Structures Act, Section 84 A district municipality has the following functions and powers: (b) Potable water supply systems. (d) Domestic waste-water and sewage disposal systems. Adjusted to some local municipalities by the Minister in 2001 169 municipalities responsible for the water services function; 6 Metros, 21 District municipalities (mostly in rural areas in the former homeland areas) and 142 local municipalities Municipalities that are responsible for the water services function are water services authorities (WSAs) Assignment of the water services function to municipalities

13. Water service authority • The “governance function” • A water services authority is any municipality that has the executive authority to provide water services within its area of jurisdiction • There can only be one water services authority in any specific area i.e. water services authority area boundaries cannot overlap.

14. POWERS AND FUNCTIONS OF MUNICIPALITIES PER PROVINCE 14

15. Responsibilities of a Water service authority • Primary responsibility for ensuring the provision of water services • Specific responsibilities: • Ensuring access: must ensure that appropriate investments in water services infrastructure are made (subject to available resources) • Planning: prepare water services development plans to ensure effective, efficient, affordable, economical and sustainable access to water services that promote sustainable livelihoods and economic development.

16. Responsibilities of a Water service authority • Regulation: regulate water services provision and water services providers within their areas of jurisdiction and within the policy and regulatory frameworks set by DWA through the enactment of by-laws and the regulation of contracts. • Provision: ensure the provision of effective, efficient and sustainable water services (including water conservation and demand management) either by providing water services themselves or by selecting, procuring and contracting with external water services providers.

17. Water service provider • The “actual provision of the service” function • A water service provider is: • Any person who has a contract with a water services authority or another water services provider to sell water to, and/or accept wastewater for the purposes of treatment from, that authority or provider (bulk water services provider); and/or • Any person who has a contract with a water services authority to assume operational responsibility for providing water services to one or more consumers (end users) within a specific geographic area (retail water services provider); or • A water services authority that provides either or both of the above services itself. • The decision process regarding water service provider options is made through a process outlined in the Municipal Systems Act Section 78

18. The water sector value chain 1 raw water from rivers, dams, boreholes and springs water resource management 2 7 bulk water treatment and bulk water distribution treatment and return of water to the river 3 6 reticulation human excreta and of water to wastewater collection consumers 4 5 consumer Source: Strategic Framework for Water Services

19. Overview of the Water 1st Tier National security of supply Mandated by National Water Act 38 of 1998 DWA BULK PROVIDERS (Water Boards and bulk wastewater WSPs) Mandated by the Water Services Act 108 of 1997 2nd Tier Regional supply to WSA’s Mandated by the Constitution, Water Services Act, Municipal Systems Act and Municipal Structures Act 3rd Tier Local service delivery and customer management MUNICIPALITIES (WSA’S)

20. Area of Supply: Water Utilities in SA

21. The value chain Some rural municipalities also perform this water resource management charge 1 raw water from rivers, dams, boreholes and springs water resource management 2 7 Area of concern where LG is forced to act outside its mandate bulk water treatment and bulk water distribution treatment and return of water to the river 3 LG Mandate 6 reticulation human excreta and of water to wastewater collection consumers 4 5 consumer Source: Strategic Framework for Water Services

22. The value chain LG has no right to collect related tariffs and charges! LG Mandate Source: Strategic Framework for Water Services

23. WSA targets set ito the Strategic Framework for Water Services (original) • All people in South Africa have access to a functioning basic water supply facility by 2008. • All people in South Africa have access to a functioning basic sanitation facility by 2010. • All bucket toilets are eradicated by 2006. • 70% of households with access to at least a basic sanitation facility know how to practise safe sanitation by 2005 (and 100% by 2010). • Free basic water policy implemented in all water services authorities by 2005. • Free basic sanitation policy implemented in all water services authorities by 2010 • By-laws are promulgated in every water services authority area by 2005. • All water services authorities report annually on progress against their water services development plans by 2005. • All external water services providers are rendering services in terms of a contract with the applicable water services authority by 2005. • All water services providers are rendering services in terms of a business plan by 2005. • All water services authorities have adopted a set of key performance indicators that include those set out in Annexure 2 of the SFWS by 2005

24. Local government and the environmental sector

25. Environment - Functional area of concurrent national and provincial legislative competence Most municipal functions have an impact on or are impacted on by the environment; they are environmental functions in a broad sense However there are functions that are much more environmental in their nature Municipal functions can contribute to climate change response (mitigation and adaptation to climate change) Municipal functions and environment

26. Mitigation: an activity to reduce the sources or enhance the sinks of green house gases Adaptation: adjustments in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities Given the nature of their functions, SA municipalities appear to be strategically positioned to take primary responsibility for the country’s adaptation response but this needs to appropriately understood and resourced Mitigation and adaptation to climate change

27. Air pollution Building regulations Electricity and gas reticulation Local tourism Municipal planning Municipal health services Municipal public transport Municipal public works only in respect of the needs of municipalities in the discharge of their responsibilities Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping Stormwater management systems in built areas Trading regulations Water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal Schedule 4 Part B of the Constitution

28. Beaches and amusement facilities Billboards and the display of advertisements in public places Cemeteries, funeral parlours and crematoria Cleansing Control of public nuisances Control of undertakings that sell liquor to the public Facilities for the accommodation and burial of animals Fencing and fences Licensing of dogs Licensing and control of undertakings that sell food to the public Local amenities Local sport facilities Markets Municipal abattoirs Municipal parks and recreation Municipal roads Noise pollution Pounds Public places Refuse removal, refuse dumps and solid waste disposal Street trading Street lighting Traffic and parking Schedule 5 Part B of the Constitution

29. SALGA Support Initiatives • Benchmarking of WSA – to improve performance (project has been running for three years) • On-going Cllr training on water sector matters • Water Pricing and Tariff • Enhancement of Local Regulation • Strategy on free basic sanitation • Policy proposal on sanitation for SA • Drinking Water Quality • Integrated Water Resources Management • Sanitation – expose politicians on municipal challenges etc

30. LG and provinces • Provinces do not have water services competency • Environment is a concurrent function of national and provincial governments • Provinces are obliged by the law to support municipalities • Province may effect section 139 of the constitution – cases where the municipality is failing to executive its functions • Does not seem any of them have set themselves up to support or intervene ito Section 139 – generally adhoc

31. THANK YOU