Parliament’s role in Local Governance 2022
Parliament’s role in respect of municipalities
Local government is represented in Parliament, in the National Council of the Provinces (NCOP), and other important institutions like the Financial and Fiscal Commission and the Budget Council. In accordance with the Constitution and the Organised Local Government Act (1997), up to 10 part-time representatives may be designated to represent municipalities and participate in proceedings of the NCOP. The South African Local Government Association (SALGA) is the official representative of local government in Parliament.
The NCOP ensures that local government concerns are represented at the highest level.
On a yearly basis, the Auditor-General briefs Parliament on municipal audit outcomes, to inform the national legislature’s oversight mandate. In briefing MPs on 2020/21 local government audit outcomes in mid-June, she expressed concerns about the financial health of municipalities and their inability to complete the most basic reporting functions. 166 (64%) municipalities had incurred unauthorised expenditure totalling R20.45 billion. AGSA had identified non-compliance and fraud resulting in material financial losses estimated at R3.9 billion, causing substantial harm to both municipalities and the general public. “The lack of improvement in municipal outcomes is an indictment on the entire local government accountability ecosystem, which failed to act and arrest the decline that continued to be characterised by service delivery challenges in municipalities,” said AG Maluleke
Also, parliamentary committees, from time to time; as part of their oversight focus on municipalities, hold briefings on issues such as municipal debt owed to entities such as Eskom and water boards.
Local Government Week
From tomorrow to Thursday, the NCOP, in partnership with the South African Local Government Association (SALGA), will host a hybrid Local Government Week under the theme, “Advancing Our Collective Effort to Enhance Oversight and Accountability in the Local Sphere of Government.”
Local government week is a permanent and integral part of the NCOP programme. The aim of the initiative is to provide an opportunity for national reflection on issues affecting local government and to seek solutions to those challenges, in order to improve the lives of South Africans through accelerated service delivery.
Parliamentarians, senior members of the national and provincial SALGA leadership, national Cabinet and Provincial Executive Councils, Mayors of selected metropolitan, district and local municipalities, the Auditor-General, independent analysts and strategic entities participate in the event. It provides an opportunity for SALGA to heed the call to take its rightful place and utilise its voice in the NCOP more meaningfully, as required by the Constitution.
The outcomes of the deliberations are the subject of a special sitting of the NCOP. See March 2022 event.
Municipalities have their own law-making powers but national Parliament can also initiate legislation and may assign any of its legislative powers, except the power to amend the Constitution, to municipal councils in the local sphere of government.
The Constitution also gives Parliament the powers to provide criteria for the size of a municipal council. The size of a council is determined in terms of national legislation, namely the Municipal Structures Act.
Last month, President Ramaphosa signed into law the Local Government: Municipal Systems Amendment Bill, following its approval by Parliament in May 2022. The Act is part of a suite of legislation meant to ensure effective and efficient functioning municipalities, and a professional local public administration. The Act disallows municipal officials from holding political office. It also makes further provisions for procedures and competency criteria for the appointment of municipal managers and other senior managers and the consequences of appointments made in contravention of the Act.
Questions and Replies
Questions for Written Reply is a critical oversight mechanism for achieving government accountability. In their Questions to the Executive, MPs also focus on the performance of their constituencies and service delivery concerns in municipalities.
Citizens can get redress and assistance through petitioning Parliament. A petition is a formal request to Parliament for intervention in a matter. It can take the form of either a request for assistance on a specific issue or for the redress of a grievance. A bulk of petitions routinely sent to and processed by Parliament would be from citizens seeking the legislature’s intervention to service delivery issues in municipalities across the country. These are referred to relevant committees by the Speaker’s Office for processing.
It is the NCOP’s role as enshrined in the Constitution to exercise oversight over national aspects of provincial and local government. In undertaking this work, committees routinely schedule programmes of oversight visits across the country.
Section 139 interventions
By and large, an observable challenge in a number of local governments has been their lack of capacity to deliver on the principles of Section 153 of the Constitution which states that municipalities must structure and manage their administrative, and budget and planning processes to give priority to the basic needs of the communities they serve, and to promote the social and economic development of the same communities.
Section 139 of the Constitution authorises the provincial executive to intervene in a municipality when it does not fulfil its executive obligation in terms of legislation. Intervention is a useful remedy that allows the provincial government to intervene to fulfil specific functions which the municipality is unable to fulfil due to a failure or inadequacy on the part of the Municipal Council.
In all this, the role of the NCOP is to authorize the intervention and assist the provincial executive in managing the intervention and protect the institutional integrity of local government against interventions that are too intrusive, not properly defined or not properly implemented. The NCOP must regularly review the intervention as it continues and make any appropriate recommendations to the provincial executive.
Recent trends point to the fact that national and provincial government interventions in municipalities have become more commonplace.
Last year, in June, Cabinet took a decision to intervene in 64 dysfunctional municipalities across the country, with possible dissolutions of some municipalities. Following this decision, the Portfolio Committee on COGTA pointed out the need to do things differently because the experience of intervention has not always been positive. ‘Of major importance would be the availability of dedicated technical support that will be essential in providing the necessary know-how to stabilise the municipalities’, said the then Committee Chairperson, Ms Faith Muthambi. ‘Section 139 interventions should be the option of last resort, and early warning systems, together with rapid response teams, must be in place to intervene in municipalities earlier.’
About this blog
"That week in Parliament" is a series of blog posts in which the important Parliamentary events of the week are discussed.