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This conference focuses on the importance of good governance in ensuring responsive, accountable, effective, efficient, and resilient municipalities. It aims to highlight the role of local government in delivering essential services and promoting citizen engagement.
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SIGFARO: NORTH WEST BRANCH“Good Governance: An Ingredient for Responsive, Accountable, Effective, Efficient and Resilient Municipalities”. 22nd – 23rd July 2019 SALGA NORTH WEST OFFICES KLERKSDORP North West Province
INTRODUCTION (1) • The White Paper on Local Government (1998) reminds us that local government provides – Clean drinking water, Sanitation, Electricity, Shelter, Waste removal and Roads – These are Human Rights, essential components of the right to dignity, enshrined in our the Bill of Rights, in our Constitution. • The developmental local government is envisaged to be a building block on which reconstruction and development of South Africa and society is built, a place in which the citizens should engage in a meaningful and direct way with municipalities and other institutions of the state. • Municipalities are places where most citizens engage and interface with government, and its foundational ethos must be about the people. • Local government has been a primary site for the delivery of services in South Africa since 1994. • Tremendous progress in delivering water, electricity, sanitation and refuse removal at a local level has been made - These rates of delivery are unprecedented in world-wide terms, we still need to do more.
INTRODUCTION • In Short the Envisaged Local Government must: B2B Call! • Put the people First; • Deliver Basic Services; • Provide Good Governance & Clean Administration; • Ensure Prudent & Sound Financial Management; • Build and Constantly Improve its Capacity to Deliver on its Mandate NB: And for the Local Government to achieve its mandate, it MUST have Municipal Councils that plays Oversight over the Executive & the Administration of the Municipality through statutory Accountability Processes. And SINCE 2011, ALL Municipalities Established Municipal Public Accounts Committees (MPACs) to Perform Oversight Function as delegated by Councils & REPORT back DIRECTLY to Municipal Councils.
INTRODUCTION (3) The local government sector and the government in general is called upon in the NDP: Vision 2030 to: • Strengthen Delegation, Accountability and Oversight functions: • To promote greater and more consistent delegation supported by systems for support and oversight; • To make it easier for citizens to hold municipal officials & politicians accountable for the quality of services they receive; • To ensure effective internal assurance through municipal councils, MPACs, Audit & Risk Committees; • To be open and responsive to assurance provided by external assurance providers like the AG, Treasury, Cogta, SALGA & others;
Constitutional and Legislative obligations • LG is seen in many countries as a key institution for the enhancement of democracy and as a vehicle for development. • LG in South Africa is no exception. And our Municipalities have a clear Constitutional obligation (Section 152): • To provide democratic and accountable government for local communities; • To ensure the provision of services to communities in a sustainable manner; • To promote social and economic development; • To promote a safe and healthy environment; and • To encourage the involvement of communities and community organisations in he matters of local government.
Constitutional and Legislative obligations • We therefore further assume that we know that: • Section 151 (2) provides that in the local sphere of government in South Africa there is no separation of powers but provisions are made for a Council to institute mechanisms for separation of functions. • Flowing from the above, it is important therefore to understand that all structures within a municipality are established by and serve at the pleasure of the council. The council delegates and therefore remains answerable. It is also important to recognise that Council decisions and By-Laws, as long as they are within provisions of, and consistent with principal legislation and the Constitution of the Republic, enjoys almost the same status as any other legislation
PREAMBLE TO THE CONSTITUTIONA COLLECTIVE COMMITMENT! • 'We, the people of South Africa, • Recognise the injustices of our past; • Honour those who suffered for justice and freedom in our land; • Respect those who have worked to build and develop our country; and • Believe that South Africa belongs to all who live in it, united in our diversity. • We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to — • Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; • Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; • Improve the quality of life of all citizens and free the potential of each person; and • Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations. • May God protect our people.
The B2B’s Call: TONE @ THE TOP!A Need for Bold Leadership & Political WillThere is a need to improve political management of municipalities & be responsive to the needs & aspirations of local communities! KEY TO ALL THESES:(1)Mayors and Municipal Mayoral Committees with a vision tochange, and the calibre of leadership to drive the changeprocess.(2) Speakers of Councils who are able to effectively manage thebusiness of Council and lead it in its engagement and outreachprogrammes.(3) Councillors that inspire and organize for our common purpose of serving our people, and creating a dynamic link with theirconstituencies.(4) Municipal Managers and senior managers that understand thecore mandate and their specific role indelivering the local government vision as envisaged in the WhitePaper and act in a manner that ensures that local governmentprimarily serves its people by delivering basic services.
Good Governance Champions in LG!Provision of Assurance is Everybody’s Business!
Principles of Good Governance! • Public Participation: • Citizens should be at the heart of public activity in clearly defined ways (no hidden agendas). • All voices should be heard especially of the vulnerable, and they are included in resource allocations. • Structures, rules and procedures should be responsive to legitimate needs of citizens • Efficiency and effectiveness: • Results match objectives • Resources are optimally utilised
Principles of Good Governance! d) Openness and transparency: • Decisions should be taken and enforced in accordance with the law/legislation • There should be access to information by the public. e) Rule of Law: Councils should abide by the law,Rules of Order, By-Laws & Policies f) Innovation and openness to change: Councils to embrace new and efficient solutions
Principles of Good Governance! g) Ethical conduct: • Public good to be placed before individual interest. • There should be effective measures to prevent and combat corruption. h) Competence and capacity: professional skills of those who deliver governance to be continuously strengthened to improve output . i) Sustainability and long-term orientation: Needs of future generations have to be considered in policies.
Principles of Good Governance! • Sound Financial management: • Prudence to be observed in financial management. • Planning and budgeting to be done in consultation with citizens. • Risks to be properly estimated and managed. • Charges should not exceed the cost of services. • Financial integrity and disclosure. • Compliance with applicable laws and regulations. • Value for money.
Principles of Good Governance! • Functions of Oversight: • Effective Oversight ensures Good Governance, financial management, strengthens municipality – improves service delivery. • Effective Oversight ensures that the administration & executive implements programs and plans in a manner consistent with IDP, Budget, & policies. • To detect and prevent abuse, arbitrary behaviour or illegal and unconstitutional conduct on the part of the municipality and public agencies. • At the core of this function is the protection of the rights and liberties of citizens. • To hold the municipality to account in respect of how the taxpayers’ money is used. • It detects waste within the machinery of municipality and public agencies. • Thus it can improve the efficiency, economy and effectiveness of government operations. • To improve the transparency of municipal operations and enhance public trust in the municipality, which is itself a condition of effective policy delivery.
It is important for Municipal Councils to ensure effective and efficient Oversight & Assurance Across the Continuum First level of assurance: (The oath of office) Council and councillors The Speaker All Chairpersons All Councillors (Representing the hopes & aspirations of the People) Executive leadership Second level of assurance: executive leadership & management Municipal Manager Senior management Third level of assurance: internal independent assurance and oversight Internal audit unit Audit Committee MPAC Fourth level of assurance: External independent assurance and oversight Council Provincial Sphere of government Auditor General Legislature The Council must always take full responsibility for the state of the municipality. It must ensure that reports which are submitted are accurate and are of good quality. It must understand that they reflect the quality of leadership of the municipality but most importantly, the more a municipality is in a bad state, the more the democratic government loses credibility and the more likely it will soon be considered illegitimate by the people
Good Governance Promotes Accountability! The functions of accountability include the following: • To enhance the integrity of public governance in order to safeguard government against corruption, nepotism, abuse of power and other forms of inappropriate behaviour. • As an institutional arrangement, to effect democratic control. • To improve performance, which will foster institutional learning and service delivery. • To assure public confidence in government and bridge the gap between the governed and the government and ensure public confidence in government. • To enable the public to judge the performance of the government by the government giving account in public.
Good Governance Promotes Accountability! • Good Governance requires Accountability • A critical and basic requirement of Good Governance; • It is an obligation to report and explain service delivery issues to communities & other stakeholders on a regular basis; • It is an obligation to be answerable for the consequences of decisions made & implemented;
Good Governance Promotes Accountability! • Political accountability The extent to which the executive arm of the municipality is willing and able to justify its decisions and actions to the municipal council • Effective Political Accountability means: 1. Good quality legislative oversight over the Council admin & exec; 2. Councillors adhere to relevant regulations regarding their functioning; 3. Council executive is enabling the Council to operate properly; 4. Roles and functions of the legislative & executive arms are clear, and there is a clear separation of functions - NB: No formal separation of functions in municipal councils yet
Good Governance Promotes Accountability! • Social accountability The extent to which the executive is willing and able to justify and explain their actions to the citizens in the municipality • Effective Social Accountability means: 1. Politicians account adequately to their electorate; 2. The Council justifies and explains to its citizens its performance and the use of public funds; 3. The Municipal Council responds adequately to expressions of dissatisfaction by its citizens; 4. Citizens are informed about local government processes and play an active role in participatory planning, implementation and auditing;
Good Governance Promotes Accountability! • Administrative accountability The extent to which the internal controls of the municipality are in place and effective to guarantee that funds are used as planned • Effective Administrative Accountability means: 1. Financial and asset management of the Municipal Council is good and controls are in place and effective; 2. Independent financial audits are of good quality and adequately followed- up by management; 3. Audit committees are functional with both local government and citizens representation and have clear roles and functions 4. The expected behaviour of municipal staff is clear and adhered to;
Good Governance Promotes Accountability! • The functions of accountability include the following: • To enhance the integrity of public governance in order to safeguard government against corruption, nepotism, abuse of power and other forms of inappropriate behaviour. • As an institutional arrangement, to effect democratic control. • To improve performance, which will foster institutional learning and service delivery. • To assure public confidence in government and bridge the gap between the governed and the government and ensure public confidence in government. • To enable the public to judge the performance of the government by the government giving account in public.
What then is a Municipality? • An organ of state within the local sphere of government exercising legislative and executive authority within its area of jurisdiction, and consists of: • The political Structures – municipal council, its political structures & its different committees; • The administration – Office of the MM, its departments & development agencies; • The community: • As voters: to hold democratically elected leaders accountable for the policies they are empowered to promote. • As citizens: to express their views before, during and after the policy development processes - to ensure that the policies reflect community preferences as far as possible. • As consumers and end-users: who expect value-for-money, affordable services and courteous and responsive service. • As organised partners: involved in the mobilisation of resources & solutions for development & challenges as businesses, NGOs and community-based institutions
What role can civil society play in the actual delivery at project level? Executive Mayoral Collective Executive Plenary system District To what extent do communities demand to participate? What role can we play to compel the three spheres of government to operate as a systematic single whole? • Structures • Ward Committees • Oversight structures • MPAC • Audit Committees etc • Council Committees Are our municipalities in a state of incompleteness due to the less pronounced role of the third leg? Political reps Community reps Community Admin Intermeshed legislative and executive powers How organised and poised is civil society to claim their space in municipalities? Composition of these structures? Council
ATTITUDES WE NEED TO AVOID AT ALL COSTS! Municipal Council & Admin talking to themselves! Uninvolved, Reluctant and uninformed communities Collapse of good governance and an end to legitimacy - people do not get needed services
Good Governance ensures Sustainability! Municipalities needs Financial sustainability which can be achieved through appropriate funding, financial viability, revenue generation capabilities and revenue management processes. And Key Pillars are: • A logical and practical revenue management strategy; • The revenue management strategy must be holistic and comprehensive 2. Improved quality of data (master data); • Capturing accurate and complete data, periodic reviews, data matching and cleansing. 3. Accurate billing and invoicing; • Municipality must account for all land parcels, have accurate rate tables, timely and accurate meter reading, etc
Good Governance ensures Sustainability! Continuation… 4. Effective debt management and collection; • Effective debt collection is one of the pillars for achieving sound financial management. 5. Revenue fraud and leakage management; • Reducing third-party fraud - Early detection systems (meter tampering, illegal connections, etc.) and management of fraud. • Elimination of employee fraud 6. Supply leakage management; • Both bulk and consumer water leakages (bulk and supply to the consumer) 7. Identifying opportunities • Municipalities must take advantage of opportunities to bill more services to existing clients and existing services to new or more clients
May we Conclude! Auditor General Calls for Accountability! • Importance of accountability in the management of municipal affairs; • Appropriate planning focused on the needs of citizens; • Instituting appropriate internal control and supervision that will ensure proper financial and performance management; • Respect for the law in the running of municipalities; • Monitoring by all political and administrative leadership that budget and performance targets are appropriately achieved; • There MUST consequences for mismanagement and non-performance.
