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IMPLEMENTATION OF THE SEPARATION OF POWERS IN EKURHULENI MUNICIPAL COUNCIL

IMPLEMENTATION OF THE SEPARATION OF POWERS IN EKURHULENI MUNICIPAL COUNCIL. PRESENTATION TO THE NCOP. (1). PURPOSE. The report serves to – provide the NCOP with an outline on the implementation of the Separation of Powers Model (New Governance Framework) in the Ekurhuleni Municipal Council;

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IMPLEMENTATION OF THE SEPARATION OF POWERS IN EKURHULENI MUNICIPAL COUNCIL

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  1. IMPLEMENTATION OF THE SEPARATION OF POWERS IN EKURHULENI MUNICIPAL COUNCIL PRESENTATION TO THE NCOP

  2. (1). PURPOSE The report serves to – • provide the NCOP with an outline on the implementation of the Separation of Powers Model (New Governance Framework) in the Ekurhuleni Municipal Council; • report on challenges and achievements realised to date, including forward plans.

  3. (2).INTRODUCTION AND BACKGROUND • In April 2011, shortly before the dissolution of Council in May for the Local Government elections, the Council of Ekurhuleni resolved to approve in principle the separation of powers between its Executive and Legislative arms, subject to the new Council after the elections, endorsing implementation of the resolution on the Separation of Powers. • In June 2011a process was initiated to the review the Standing Orders and the Administrative Structure, and to ensure alignment of the Institutional redesign with the new Governance Framework. • From June - August 2011, training sessions on the Separation of Powers model was undertaken, which involved Portfolio Whips who later became Chairpersons of various Oversight Committees, including members of the Executive (Mayoral Committee members).

  4. On 18 August 2011, Council approved the new Institutional Structure, established its section 79 Committees (Oversight and Standing), and appointed Chairpersons of various Committees as well as approving the Terms of Reference of all those Committees. • In the same Council meeting, the new Standing Orders were approved, implementation thereof commencing in September 2011. • In September 2011, the Organisational structure for the Legislature’s administration and the political offices, including the job descriptions of the said positions were approved by Council to enable commencement of the recruitment processes. • In October 2011, training for all Councillors on the Oversight model was undertaken. • Legislative administrative capacity enhanced with the appointment of key personnel.

  5. (3). LEGISLATIVE CORE BUSINESS Councilmeetings • Council meetings convened monthly. Since August 2011 to date, approximately 9 Council meetings have been convened. OversightCommittees • Since November 2011 to date, approximately 66 Oversight Committee meetings (i.e. 11 x 6 OC) have been convened, including 11 additional Oversight Committee meetings.

  6. Standing Committees • Rules Committee • X2 Committee meetings convened since January 2012 • Programming Committee • X4 Committee meetings convened since January 2012 • Public Participation & Petitions Committee • Approximately 8 Committee meetings convened since October 2011 • Gender, Children, Youth, Women & People with Disabilities (GCYWPD) • X3 Committee meetings convened since February 2012

  7. Oversight Committees work • Since November 2011 to date, approximately 66 Oversight Committee meetings (i.e. 11 x 6 OC) have been convened, including 11 additional Oversight Committee meetings. • Standing Committees • RulesCommittee • X2 Committee meetings convened since January 2012 • ProgrammingCommittee • X4 Committee meetings convened since January 2012 • Public Participation & PetitionsCommittee • Approximately 8 Committee meetings convened since October 2011 • Gender, Children, Youth, Women& People with Disabilities (GCYWPD) • X3 Committee meetings convened since February 2012

  8. Oversight Committees work • Analyses of and Oversight Reports on Q1 & Q2 SDBIP reports of departments – X 22 reports produced for consideration and decision by Council. • Analyses of and Oversight Reports on the 2010/11 Annual Report – X11 reports in the process of being finalised for tabling in the end May Council meeting. • Analysis of and MPAC report on the A-G’s findings for the 2010/11FY – X1 MPAC report tabled for consideration by Council in March 2012.

  9. Announced and unannounced Oversight visits - X4 Oversight visits undertaken between February and March 2012 (Community Safety, Corporate Services, and Roads & Storm-water Committees respectively). • Review and adoption of Committee’s Terms of Reference – X11 Oversight Committee Terms of Reference redrafted, adopted by Committees and to be tabled for Council’s final approval in the end May 2012 Council.

  10. Standing Committees work • Rules Committee • Review of the Standing Rules • Non-returning Councillors Gratuity payments • Return on Councillors attendance to Council and Committee meetings • Councillors training & development plans • Ward Committees induction programme, ward committees election disputes

  11. Programming Committee • Development & revision of the 2012 Council and Committees Annual calendar of meetings. Approved in the Council meeting of end January and end March 2012 respectively. • Scheduling Council business (Items) in the Agenda of Council. • Redirection of Items from the Executive to Oversight Committees • Review of the process flow of Items from the Executive to the Legislature. Report on the revised process flow to be tabled in the end May 2012 Council meetings.

  12. Public Participation &Petitions Committee • Consideration of petitions received either directly from Petitioners or tabled by Councillors during Council meetings. Since October 2011 to date, approximately 90 Petitions have been received and processed by the Petitions Committee, with approximately 45Petitions closed and Petitioners notified. • Since October 2011, approximately 30 hearings with Petitioners have been held and X1 public hearing with the Edenvale community in December 2011. • Establishment of Ward Committees – Since Nov 2011 – Feb 2012, out of 101 Wards, X99 Ward Committees have been established, with X2 Ward Committee elections outstanding due to Community apathy. Plans underway to focus on more community awareness interventions on the role and benefits of establishing Ward Committees. It is expected that by end June 2012, the two outstanding Ward Committees would have been established.

  13. GCYW&PD Committees • Best performing schools in Ekurhuleni honoured and awarded trophies in the January Council meeting. • Hosted the International Women’s Assembly in the Council Chamber in March 2012. Approximately 120 Women were in attendance, including Women Councillors. • Junior Council launched in June 2012. Several interactions with relevant stakeholders were held prior to the launch.

  14. Committee of Chairpersons structure • Since August 2011, X9 Chairpersons Committee meetings have been convened. All Chairpersons have been provided with tools of trade (Laptops, 3g cards, diaries &IPADS)

  15. (4). EXECUTIVE CORE BUSINESS • Mayoral Committee established in May 2011 • Mayoral Committee comprises of the Executive Mayor and 10 members heading the various portfolios; • All ten members of the Executive have entered into annual Performance Agreements with the Executive Mayor, in terms of which they are assessed on a quarterly basis • The Executive provides day-to-day political oversight of the administration • Meetings of the Executive are convened every other week for purposes of; • Processing Council decisions and, • Progress reporting on implementation of key priority projects

  16. (4). EXECUTIVE CORE BUSINESS • Quarterly Izimbizo convened for purpose of service delivery reporting in all 20 EMM Customer Care Areas • Each Member of the Executive allocated two Customer Care Areas(CCA) for Constituency work, working in close liaison with the PCOs • In addition to general constituency work every alternate Friday members of the Executive spend a day at the CCA addressing service delivery issues as presented by the residents • Executive members also undertake verification visits to service delivery hot-spots in the respective CCAs of deployment.

  17. (5). CHALLENGES • Finalisation of the remuneration dispensation for section 79 Chairpersons. • Legislature Office accommodation for Councillors, Chairpersons and administration. • Adequate staffing. • Capacitation of Councillors and Chairpersons in the context of the restrictions imposed by the municipal budget circular 58. National treasury and SALGA participated at the Rules Committee of the 15th May 2012 to present on the implications of the circular in respect of the capacitation and resourcing of Councillors. • ICT equipment and infrastructure to support the work of Committees including Councillors. • Insufficient Committee rooms. • Inadequate translation and transcription services. • Lack of legislative provisions supporting separation of powers at local government sphere.

  18. THANK YOU

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