Governance (Hands-on Support)

The democratic local government system and rationalised municipalities came into legal effect with the local government elections of 5 December 2000 – just over 10 years ago. Most of the new municipalities have been established through the amalgamation of several previously existing municipalities – in fact, an average of 4. The amalgamation and consolidation of municipalities and the establishment of new ones have all taken place at different times.

Over the past decade, local government has experienced a deluge of laws from the national government. The aim of the new legislation was to give practical effect to the vision of developmental local government envisaged in Chapter 7 of the Constitution. Of paramount importance was legislation that sought to structure the institutions and process of local government, including the Municipal Structures Act, the Municipal Electoral Act, the Municipal Systems Act, the Municipal Finance Management Act (MFMA), the Municipal Rates Act, and most recently, the Municipal Fiscal Powers and Functions Act.

Considering the vast divergence in capacity, skills  and resources, across 283 municipalities, coupled with the extremely complex legislative and policy framework guiding the local government sphere, especially outside of the 30 or so secondary cities or larger municipalities, most municipalities need constant advice and support on municipal governance issues.

Focus

In line with its mandate SALGA has set out its role to, inter alia:

• Represent , promote and protect the interests of local government
• Transform local government to enable it to fulfil its developmental role
• Raise the profile of local government
• Perform its role as an employer body
• Develop capacity within municipalities
• Provide legal assistance to its members

The role of SALGA can thus be summarized into four key functions:

• Advice and support – policy analysis, research and monitoring, knowledge exchange and providing support to members.
• Representation – stakeholder engagement; lobbying on behalf of local government in relation to national policies and legislation.
• Act as an employer body – collective bargaining on behalf of our members; capacity building and municipal human resource management.
• Strategic Profiling – building the profile and image of local government locally regionally and internationally.

From this strategic agenda, the focus of the Governance Unit is to strengthen SALGA’s capacity to support and advise its members on the development, impact and implementation of new policies and legislation as well as deepening democracy and accountability at the local government level. Its key areas of focus include:

Providing hands-on support to municipalities in the form of, inter alia:

• Legal advice/ opinions
• Workshops/ Seminars
• Learning Networks
• Serving on the Legislative Review Committee of CoGTA  looking at revising the legislation negatively impacting on service delivery

Local Government Turnaround Strategy implementation with its components, including:

• Professionalisation of LG
• Review Public Participation mechanisms
• Guidelines on Roles and Responsibilities / Political- Administrative Interface
• Separation of powers at local government level
• Councillor Support and Remuneration  
• Develop methodology to support restructuring of municipalities

Governance Activities for 2009-10/ 11

While it is not possible to list all the governance work undertaken by the Directorate in the 2009/10 and 11 year, the following are but a few examples of the activities in support of municipalities or on behalf of local government with other spheres:

• Participated actively in the COGTA Intergovernmental Working Group on the Turnaround Strategy, attended the LGTAS Implementation workshop, rendered written comments on the COGTA LGTAS implementation plan from the perspective of Local Government, drafted a SALGA Implementation guide for the LGTAS, drafted a list of governance aspects to be considered in the TAS, provided provincial managers with a draft report, slide show and aforesaid documents in order to implement LGTAS in the provinces.
• Provided specific report to municipalities on the LGTAS as requested by municipalities.
• Included in the Technical Task Team for the Tshwane / Metsweding merger process, appointed as chairperson of the governance and legal task team for the process, assisted the transformation manager in preparation of documents and attending meetings in this  regard.
• Provided hands-on governance support to a number of municipalities, including comments on the delegations of Metsimaholo Municipality as well as facilitation of a workshop on delegations and role clarification of office bearers, Hessequa Municipality, Vhembe, Kannaland, Fezile Dabi, Bergrivier, City of Cape Town and Lekwa and numerous municipalities were also assisted with regard to the Remuneration of Public Office Bearers.
• Provided hands-on governance support in the form of facilitating a workshop on the Political Administrative Interface and delegations of Mnquma Local Municipality (Workshop resolutions attached). Numerous municipalities were also assisted with legal opinions in respect of the Remuneration of Public Office Bearers and other specific enquiries including road closures and the interpretation of section 57 of the Structures Act.
• The department was included in the COGTA Legislative review process and Governance provided input  on proposed legislative amendments and also compiled a list of legislation impacting on service delivery in municipalities and provided same to COGTA.
• The department attempted to further engage with SARS on whether municipal councillors are obliged to contribute to UIF.
• Engaged with the Department of Forestry on the payment of rates and taxes in forest areas, as addressed in the Forest Charter.
• Engaged with Tau section in National Treasury on the establishment of learning networks in the Western Cape and the sharing of experiences with regard to  lessons learned specifically focussed on the LGTAS.
• Attended the MDB Boundaries, Powers and Functions Committee Meeting.
• Participated actively in the COGTA Legislative Committee that meets every Friday. Participation includes submitting written comments, opinions and feedback on proposed legislative amendments to effect the LGTAS commitments. Also submitted document to COGTA on legislation impairing service delivery in municipalities.
• Drafted, consulted and submitted SALGA’s comments on the Municipal Systems Amendment Bill.  
• Drafted discussion documents for NMA on Revisiting the Organised Local Government Act and Proposals on amending the SALGA Constitution – Restructuring Organised Local Government. (See attached documents)
• Drafted opinion for Pixleykaseme Local Municipality on the Role and Importance of Committees in Municipal Governance – The Mayoral Committee in Focus (Report attached).
• Drafted opinion for Tshwane Councillors on the Role of the Whip of Council (email dated 10 June 2010 attached).
• Participated in a seminar held by the Centre for Policy Studies on the Role of Councillors in Service Delivery.
• Partnered with PWC and conducted workshops in the Free State and North West on the King III report and how the internal governance requirements in terms of the said report are already required in terms of local government legislation and confirming the principles of good governance and ethics in municipalities.
• Advice  provided to Prince Albert Municipality on the Code of conduct for councillors
• Legal opinion provided to West Rand municipality on the Status of municipal by-laws
• Hands-on support provided to Emfuleni Local Municipality on Municipal Office Bearer’s Handbook
• Hands-on support provided to Cape Agulhas Municipality
• Prepared a presentation on the Establishment of Municipal Public Accounts Committees for Amathole District Municipality
• Member of Governance and Legal Task Team  Tshwane – Kungwini - Nokeng Tsa Taemane - Metsweding merger. Meetings held weekly.
• Comment provided to SALGA NW on Amalgamation of Municipalities / Absorption / Change of Boundaries etc. Post 2011 LG elections
• Provided comments on the Division of Revenue Bill
• Prepared SALGA submission on the SA Community Library and Information Services Bill 2010 to the Department of Art and Culture
• SALGA report on LGTAS, Outcome 9 and 10 Point Plan submitted to COGTA

Hands-on Governance Support Strategy (forthcoming)

Huge gaps exist in respect of the human and financial resources found in municipalities in the deep rural area of the former homelands as compared to those in urban areas. In the so-called 27 major cities and towns, there may be sufficient capacity to deal with the obligations placed at the door of the municipality. For most of the other 230 or so municipalities, the call for help, understandably given the volume of the policy and legal framework, is a constant one.

As far back as 2001, the then Portfolio Committee of Provincial and Local Government called on national and provincial departments of local government and SALGA and its provincial structures to concertedly assist municipalities to deal with the transformation of their administrations based on the new allocations of powers and functions of local government.

Section 3 of the Municipal Systems Act provides that for the purpose of effective co-operative government, SALGA must seek to develop common approaches for local government as a distinct sphere of government, enhance co-operation, mutual assistance and sharing of resources among municipalities, find solutions for problems relating to local government generally and facilitate compliance with the principles of co-operative government and intergovernmental relations.

There are thus serious (particularly) human capacity constraints impeding the fulfillment of the Constitutional/ legislative and members’ expectations. Members and government increasingly expect leadership and guidance from SALGA on governance challenges facing municipalities. Whilst recognising that SALGA has made significant strides in supporting and advising its members on governance issues affecting municipalities, this has to date been done in an ad hoc manner. It is therefore incumbent upon SALGA, as the representative body of municipalities, and tasked with providing advice and support and build the capacity of its members, to have a coherent hands-on governance support strategy in place to assist municipalities to come to grips with the developmental mandate. The constant turnover of municipal officials and politicians means that local government will constantly and indefinitely require strategic governance support from its Association.

It is critical for SALGA to have in place a coherent strategy for hands-on governance support to its members and to leverage resources and support from key partners for it. The Strategy must have a clear outcomes and impact focus, including its key pillars.