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The Municipal Systems Amendment Bill

The Municipal Systems Amendment Bill. GGLN presentation to the Portfolio Committee for Cooperative Governance and Traditional Affairs 8 February 2011. Introduction to the GGLN. Afesis‐corplan Black Sash Built Environment Support Group Centre for Policy Studies Community Connections

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The Municipal Systems Amendment Bill

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  1. The Municipal Systems Amendment Bill GGLN presentation to the Portfolio Committee for Cooperative Governance and Traditional Affairs 8 February 2011

  2. Introduction to the GGLN • Afesis‐corplan • Black Sash • Built Environment Support Group • Centre for Policy Studies • Community Connections • Community Law Centre • Democracy Development Programme • Development Action Group • Eastern Cape NGO Coalition • Electoral Institute of Southern Africa • Fair Share • Foundation for Contemporary Research • Idasa • Isandla Institute • Mvula Trust • Planact • Project for Conflict Resolution and Development • Socio-Economic Rights Institute • Trust for Community Outreach and Education

  3. MS Amendment Bill – general comments • Positive shift towards professionalisation • Appointment of managers based on skills and qualifications • Stronger performance management systems • Increased personal and professional accountability • “Depoliticise” municipal structures: separation of political office from administrative functions

  4. MS Amendment Bill – concerns • Amendments are not retrospective • Current appointments are secure • Inappropriately skilled managers retain their positions • Current managers will still be able to hold political office • Managers below a section 56 manager can still hold political office • This potentially allows a lower ranking municipal official to have an undue political influence within the municipality given their position in their party

  5. MS Amendment Bill – concerns cont. • Municipal Council influential in the appointment of managers • Balance of power should remain within the administrative sphere and not be subject to the political realm of the Municipal Council • Extension of Minister’s powers • Training / skills development of municipal staff; appointment of municipal managers and acting managers; exemption from particular MEC rulings • Unclear why this is necessary and procedures are unclear • Potentially encroaches on the integrity and independence of local and provincial government

  6. Recommendations • The retrospective potential of proposed amendments should be considered • If the intention is to “depoliticise” and professionalise, then all amendments should reflect this agenda consistently: • Municipal Councils should not be appointing managers that are accountable to the municipal managers • All municipal staff should be prohibited from holding political office • The lines of authority of the National Minister and MEC should be clearly outlined: • How proactive/reactive should the Minister be? • How does the Minister’s sphere of influence impact Salga’s responsibility of staff training and skills development?

  7. The GGLN’s overall concern • Legislation has limited impact on political culture and behaviour • Ultimately, the political climate should promote: • Accountability to citizens and residents, and a public service ethos • Transparency • Democratic public participation by empowered citizens

  8. Thank you For additional information about the GGLN: Chantelle de Nobrega Isandla Institute PO Box 12263, Mill Street, Cape Town, 8010 Ph: (021) 683 7903 Fax: (021) 683 7956 Email: ggln@isandla.org.za

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