Annual Performance Plan 2024/25 & related matters

Meeting report

The Chairperson expressed that being in the Chamber with everyone was fantastic, and he reminded Members to ensure their phones were on silent to avoid disturbing the meeting.

The Chairperson noted that Mr P Johnson (DA) was in the United States on a study trip, and that Mr T Walters (DA) was filling in for him as an alternate. Additionally, Mr D Wessels (DA) was in Mossel Bay and had requested special permission to join the meeting virtually, which the Chairperson granted for this session. However, the Chairperson emphasised that, for future physical meetings, all Members should be physically present. If they are unable to attend without an alternate, it would result in the Member being counted as absent.

The Chairperson then asked the Procedural Officer if there were any other apologies.

Mr K Sayed (ANC) was not present.

The Chairperson requested that the Members present introduce themselves along with the parties they represented before handing over to the Minister and his team.

Mr N Masipa (DA), Mr T Walters (DA), Mr N Constable (PA), Mr G Marais (FF+), Ms T Lithakong (EFF), and Ms B Stoffel (ANC) introduced themselves.

The Chairperson then handed over to Mr Anton Bredell, who expressed his appreciation for the opportunity to engage with the Committee.

Ministry’s Overview
Mr Anton Bredell, Provincial Minister of Local Government, Environmental Affairs and Development Planning, emphasised the importance of the Committee's oversight role, acknowledging that it helps keep the Department sharp and highlighted the need for collaboration to achieve better services for communities. Minister Bredell pointed out the challenges faced due to population growth, economic downturns, and budget cuts, but stressed the importance of focusing on core services provided by municipalities. Finally, Minister Bredell assured the Committee that the Department would always be as honest as possible and share necessary information to facilitate effective oversight.

The Chairperson then requested that the officials introduce themselves and their respective areas of responsibility.

Several officials introduced themselves, including Mr Graham Paulse, Head of Department, Western Cape Local Government; Mr Albert Dlwengu, Chief Director: Policy and Strategic Support; and Mr Colin Deiner, Chief Director: Disaster Management and Fire Brigade Services.

The Chairperson then moved on to the first presentation, inviting Minister Bredell to introduce the speaker who would provide an overview of the 2024/2025 Annual Performance Plan.

2024/2025 Annual Performance Plan for Local Government, Environmental Affairs, and Development Planning
In a presentation led by Mr Graham Paulse, Head of Department: Local Government, supported by Mr Albert Dlwengu, Chief Director: Policy and Strategic Support, Mr Deiner, Chief Director: Disaster Management and Fire Brigade Services, and other officials, the Chairperson sought Members' approval to go through the presentation first before asking questions, to which the Members agreed.

Mr Paulse then provided an overview, stating that the presentation outlined the Department's vision and mission. He explained that the Department aims to be an efficient and dynamic team that enables all government municipalities to deliver services to communities in a responsive, sustainable, and integrated manner. He noted that this is the final year of the Department’s five-year strategic plan, and preparations for the next five-year plan are underway, which may include amendments to the vision and mission. The current mission is to monitor, coordinate, and support municipalities to be effective, follow the developmental mandate, and facilitate service delivery and disaster resilience through engagement with government spheres and social partners. Mr Paulse emphasised that this mission is also subject to review.

He explained that the Department's mandate is derived from the Constitution, particularly Chapter Seven, which focuses on establishing municipalities consistent with national legislation, supporting and strengthening their capacity, regulating their performance as per schedules four and five of the Constitution, and intervening when necessary under section 139. He noted challenges with section 139 but indicated that these could be discussed later. The Department's role in promoting developmental local government in the province was highlighted.

Mr Paulse briefly touched on the Department's main responsibilities and functions, which include supporting municipalities in the development of legislation, assisting national and provincial governments, and intervening in municipalities when justified under section 139. The Department also investigates allegations of fraud, corruption, and maladministration and provides support to strengthen the capacity of municipalities, as outlined in section 154 of the Constitution. Additionally, the Department monitors municipal performance under section 105 of the legislation and supports municipalities in disaster management and service delivery access for citizens.

He elaborated on the Department's role in guiding, advising, and supporting municipalities regarding local legislation, particularly in interpretation and application. The Department formulates appropriate provincial legislation, such as the Western Cape support and monitoring, which is currently under review. This legislation allows the Minister and government to intervene in cases of fraud, corruption, and maladministration within municipalities. Mr Paulse mentioned the Department's role in reviewing and coordinating integrated development plans (IDPs), and monitoring and evaluating municipal performance. He highlighted that most Western Cape municipalities, whether metropolitan, district, or in small and large towns, perform well – particularly in governance, service delivery, and financial sustainability.

The Department has a monitoring system to report regularly on municipal performance and has provided various briefings to the Committee on this matter. The Department also supports municipalities in disaster management, building their capacity to respond to and manage disasters. This support is facilitated through various grants allocated based on detailed assessments and a due diligence process. Mr Paulse mentioned the Department's "hands-on" support, citing an example where an engineer within the Department is currently assisting with infrastructure challenges in Knysna, which are related to water, sanitation and waste management.

Mr Paulse discussed both horizontal and vertical collaboration, explaining the Department's responsibility in bringing together 13 provincial departments to interact with municipalities, particularly around government priorities such as job creation, safety and governance innovation. This collaboration ensures the alignment of provincial and municipal efforts. He also mentioned how the Department engages with national departments and governments within the province to foster collaboration across the three spheres of government.

Regarding the Department's priorities, Mr Paulse remarked that reinforcing governance in municipalities is a key focus, especially in areas facing challenges. The Department supports municipalities in developing governance aspects and disaster resilience, particularly in response to climate change. He highlighted the significant incidents over the past seven months, emphasising the importance of disaster mitigation, preparedness, risk reduction, and effective response and recovery. The Department is also responsible for building municipal capacity to manage disasters, particularly during the upcoming fire season.

Mr Paulse addressed the infrastructure challenges in municipalities, noting that ageing infrastructure and limited funding are significant issues. He mentioned the Department's role in energy resilience within the province, despite water not being a provincial competency. He referred to a 15-year water resilience plan developed by the Department, suggesting that the Committee might benefit from a future briefing on this plan. The plan includes funding provisions and efforts to ensure municipalities are resilient and have adequate water sources, focusing on demand and supply management and governance issues.

Mr Paulse also discussed the Department's role in energy and water management, highlighting that, while these are not necessarily provincial competencies, the Department plays a critical role in supporting municipalities in these areas. He mentioned that the province allocates funding from its baseline to the Department and other departments to address energy and water issues. The Department collaborates with municipalities on energy and water resilience, developing integrated management frameworks and joint management agreements (JMAs) to facilitate collaboration within the Western Cape Province.

Mr Paulse briefly mentioned the Western Cape Monitoring and Support of Municipalities Amendment Bill, noting that there have been challenges with its implementation due to a court judgment that suspended the legislation for 24 months. This suspension allows for a renewed public participation process – as required by the court – before the legislation is resubmitted to the national Parliament via the National Council of Provinces (NCOP). Meanwhile, the Department continues to work on various related processes, including citizen interface and access to government services through programmes like Thusong Centres, public participation initiatives, and the Community Development Workers Programme. The court’s judgement required Parliament to comply with its constitutional obligation to facilitate public involvement before passing the Bill, and failure to do so within the specified timeframe would render the current Act invalid. This situation underscores the importance of legislative compliance and public engagement in the development and enactment of laws.

Mr Paulse concluded by discussing the Department's role in ensuring municipalities fulfil their legal obligations, facilitating collaboration among provincial Departments, and responding to service level challenges, governance issues, and rapid response needs within municipalities. Although the Department lacks a formal rapid response team, Mr Paulse indicated that staff are often deployed to assist municipalities as needed. He mentioned that this is an area the Department is considering strengthening in the future.

Finally, Mr Paulse provided a brief overview of the Department's budget structure, noting that there are no significant alarms at this stage and that the Department is currently undertaking several due diligence processes. He mentioned the Department's responsibility for significant transfers to municipalities, although details were not provided in this session.

[See attached document for more details]

Discussion
The Chairperson thanked Mr Paulse for his efficiency in delivering all three presentations in one session. He appreciated the concise and clear overview provided, acknowledging the extensive work involved behind the scenes. The Chairperson mentioned that, while they would delve into the details over the next five years, he would now open the floor to Members for questions related to the presentation. He indicated that questions would be taken in sets of three, after which Mr Paulse and his team could provide answers. He noted that Members Mr Walters and Mr Masipa had questions, and he invited Mr Walters to speak first.

Mr T Walters (DA) thanked the Chairperson and presented three questions and comments. He acknowledged the Department's vision and mission review and emphasised the importance of innovation, especially in light of budget cuts, population growth, and the current environment. He urged the Department to consider new ways of operating. His first question focused on the budget: given the population growth in the Western Cape and the constraints on the budget, how much budget does the Department believe it should receive? He also inquired about the impact of budget cuts and how the national budgeting process could be improved to address these constraints.

His second question concerned the Department's role in facilitating horizontal communication and best practice sharing between municipalities. He wanted to know how this leads to pro forma proposals, particularly in terms of water resilience and security-based management best practices that can be established in bylaws.

Mr N Masipa (DA) thanked the Chairperson, and then indicated that Mr Walters had covered one of his questions. He inquired about the real budget needs concerning population growth, referencing the Department's budget of R440 million, with R280 million allocated for salaries – which accounts for about 50%. He asked about the Department's capacity to respond rapidly and assist other provinces, such as KwaZulu-Natal, given the constraints mentioned.

His next question related to the implementation of the Act. He asked which part of the Act the Department is currently focused on, and whether they are waiting for the Act to be fully revised and assented to by the President.

Lastly, Mr Masipa asked about the independent ratings mentioned in the presentation, requesting more details about these ratings, particularly in relation to Knysna and Beaufort West. He also asked whether the Public Protector had been involved in any of these municipalities due to issues like lack of service delivery. He concluded by asking for an update on the situation in Beaufort West.

Ms B Stoffel (ANC) began by expressing her appreciation for the presentation, pointing out that it would be unfair to have too many questions as it was the first formal sitting. She sought clarity on a few points, starting with the support system for municipalities discussed on page 17 of the presentation. She asked about the mechanism in place to monitor municipalities with high water tariffs.

Her second question concerned the environmental situation in the Western Cape. She asked why there was no Environmental Commissioner despite the challenges faced in the region.

Ms Stoffel also inquired about the local government’s policy on sexual harassment, asking for clarification on the steps staff should take if no policy is in place.

Lastly, she directed a question to the Minister regarding the equalism key issues post-2024, specifically asking how coalition governance could influence hung municipalities.

Responses
Minister Bredell expressed his gratitude to the Chairperson and proceeded to address several issues, beginning with the financial aspects. He highlighted the importance of recognising that every Department could benefit from additional funding. However, he emphasised the need to remember the impact of COVID-19, which had taken two years out of the system. Minister Bredell mentioned the significant costs involved in safeguarding people, including the construction of a hospital within six weeks. Consequently, he indicated that the Department sought a fair financial allocation, acknowledging the pressures on sectors such as health, education, and infrastructure. He likened the situation to maintaining a motor vehicle, stating that the vehicle would not function without wheels even with an excellent engine. He asserted that every Department needed its fair share and must focus on its core mandates to progress.

Minister Bredell reported that, in discussions with the national government, there was a focus on exploring new financial models and allocations. He raised a significant issue regarding the national budget, pointing out that the national government had not reduced its budget accordingly and that allocations were made only after national expenses were covered. Minister Bredell stated that this was a topic that needed to be addressed further within the Budget Council. Additionally, he highlighted that census data had always been delayed. He mentioned that the Department was currently working with an estimate of 64.2 million people based on the 2022 Census, though it was likely that another million people could be added each year. However, he pointed out that allocations were still based on the 2011 Census, resulting in the Department receiving around nine percent of the national budget, even though the province represented eleven percent of the population. Minister Bredell emphasised that the two percent discrepancy was a significant issue.

Minister Bredell remarked that the Department had achieved a great deal despite budget constraints, partly due to a collaborative approach across Departments. He cited an example from the COVID-19 crisis, where Cabinet allocated R86 million to distribute food and meet basic needs. Minister Bredell explained that the mechanism within Cabinet allowed the Departments to act and collaborate effectively. He noted that Colin would address the role of non-governmental organisations and the private sector in disaster management, which had been critical in maintaining stability, particularly during the COVID-19 pandemic.

Minister Bredell also mentioned the Department's smoke alarm project aimed at safeguarding people in informal settlements, which he described as a significant success. He expressed a willingness to provide further details on this project to the Standing Committee in the future. Additionally, Minister Bredell stated that the Department was focusing on how to enhance disaster management, particularly in response to climate change. He acknowledged that the Department was currently reactive rather than proactive due to budget pressures but recognised the need for change, particularly regarding the Citrusdal entrance. Minister Bredell assured that teams were actively working on this issue.

Regarding cultural recognition and cohesion, Minister Bredell clarified that these responsibilities fell under the Department of Cultural Affairs and Sport, which was engaged in extensive work to support and acknowledge different cultures. Regarding investigations into municipalities, he noted that these were challenging due to the complexity and time involved. He mentioned that legal processes often led to court involvement, with judges ultimately deciding the outcomes. Minister Bredell indicated that this process involved various bodies such as the Hawks, Special Investigating Unit, Public Protector, and Public Prosecutor. He expressed dissatisfaction with the delays in bringing cases to court due to blockages within the system. He stated that this was an issue the Department intended to address with national colleagues. Minister Bredell emphasised the need for clarity, stating that, if someone was guilty, there should be consequences, and if they were innocent, they should be exonerated so that the Department could move forward rather than continue in circles.

Minister Bredell mentioned the importance of whistleblowers providing evidence before the Department could act. He also addressed the issue of an Environmental Commissioner, stating that this responsibility fell under the Department of Environmental Affairs, although he was the Member of the Executive Council for the legislation. Minister Bredell explained that legislation had evolved since 1994 to the point where an Environmental Commissioner was no longer necessary and did not add value. Given the financial pressures, he argued that creating such an office, which would cost between R15 million and R25 million, would be better spent on more pressing needs, such as water resilience. Minister Bredell concluded that if there were environmental disputes, the quicker they were resolved in court, the better.

Minister Bredell underscored that equality was a priority, particularly in engaging with municipalities. He stressed the importance of discussing cultural differences more openly within municipalities and communities, viewing these differences as a strength. Minister Bredell stated that equality in services and all aspects of governance was essential. He cited the "Oasis" programme, which aimed to bridge communities with walkways and play parks, as a very successful initiative. However, he lamented the cessation of funding for the programme and mentioned that the Department was exploring international funding opportunities to revive it. Minister Bredell noted that a German bank had provided five million Euros for the previous round and highlighted the significant difference such programmes could make.

Minister Bredell concluded by stating that he would now hand over to the Head of Department to guide the rest of the team in addressing the remaining points.

Mr Paulse requested that the rest of the team address the balance of the questions, specifically in relation to the budget and to what extent the Department is adequately resourced. He reminded everyone that this Department and the Department of Human Settlements were once combined but later split up. Mr Paulse explained that when this split occurred, all posts were not funded, resulting in a number of unfunded and unfilled positions within the organisation. He pointed out that the Department does not have the resources it needs, leading to significant challenges.

Mr Paulse then mentioned that, as early as 2016, the Department was asked to conduct an organisational review to ensure its legal mandate aligned with its organisational structure. He highlighted that, if one examines the organisational structure and considers what needs to be done regarding laws and regulations, it becomes clear that the Department is not adequately equipped to respond to its legislative mandate. He added that the Department of the Premier had commenced an organisational review, approving a macrostructure, and that work on the microstructure is currently ongoing. However, Mr Paulse noted that this work has been put on hold due to a lack of funding.

Mr Paulse further stated that, in the meantime, the Department continues to receive new legislation from the national government, including implied mandates around water and energy and incidental mandates. As a result, many staff members, managers, and directors are doubling up on work. He emphasised that there is also a formal process in place for filling posts, which requires going through the Member of the Executive Council (MEC) and the Premier to get final approval. He stressed that this process must be followed, but also expressed his view that the budget and organisational structure should be much larger to meet the Department's requirements.

Mr Paulse pointed out that the Department is one of the smallest but is tasked with the critical responsibility of keeping local government in the province stable. He described the challenge of managing this task and ensuring that municipalities remain stable and provide the services they are legally required to offer. He noted that deploying staff comes at a significant cost. Mr Paulse acknowledged that the Minister had praised the larger Departments, such as Health and Education, which receive priority in budget allocations. However, he emphasised that even a small budget cut of R1 million has a significant impact on their Department, whereas such an amount might be considered minor for Health and Education. He highlighted the difficulty this presents in supporting municipalities.

Mr Paulse then asked other colleagues to discuss best practices, noting that they have established best practices in the province through various forums, including infrastructure and legal forums. He mentioned that he had chaired a committee of all the national provincial heads of Department (HODs), which is currently dormant due to the elections. He also said that, at the national level, other provinces have changed leadership regularly, adding to the workload. He emphasised the extensive work being done with municipalities, provincial Departments, and national bodies.

Mr Paulse then mentioned work on the KwaZulu-Natal (KZN) response and asked colleagues to provide insights. He also requested responses regarding their respective areas, particularly in terms of support. Mr Paulse addressed the policy on sexual harassment, which includes various aspects of harassment. He explained that the Department has appointed two officials as harassment officers to handle complaints and ensure investigations are conducted when necessary. He also mentioned that the Department assists municipalities in addressing gender-based violence.

Mr Colin Deiner, Chief Director: Disaster Management and Fire Brigade Services, Western Cape Local Government, provided background on the capacity-building efforts within the Fire Rescue Services and resource management, which began around 2012. He explained that the programme was initiated after identifying several shortcomings in the fire services, particularly the lack of vehicles, equipment and capacity.

Mr Deiner highlighted that the Department embarked on a programme to capacitate the services, including the wildfire programme. This initiative involved training personnel and acquiring vehicles. Since the programme's inception, approximately 100 firefighting and rescue vehicles have been purchased and provided to various municipalities. He noted that while most municipalities have strong ground-level capacity to manage incidents, certain disastrous incidents always require a combined and specialised response.

Mr Deiner elaborated that, in their capacity-building efforts, they identified specific areas where personnel need to be trained to a much higher level to manage complex incidents, such as high-altitude fires, structural collapses, or flood responses. This led to establishing of a rescue technician programme, which now includes 136 trained individuals. These technicians are not only part of the Department but also include personnel from municipalities, the Department of Health, volunteers, and the South African Police Service (SAPS). He mentioned that they ensure these technicians are kept current with their training.

Mr Deiner also discussed the development of certain strategic capacities, such as the technical rescue unit, which is based in Breede Valley. He explained that this location was chosen due to the existing capacity within the city and the provincial emergency medical services. He added that if the city or provincial services were compromised, the unit in Breede Valley could provide the necessary response, given that the heavy equipment used by the unit is not easily transportable by helicopter.
He further explained that the Department has built this capacity over the years and has included many volunteer organisations, such as the South African Search and Rescue Association (SASRA), which is the previously known Off-Road Rescue Unit of South Africa. These organisations assist with rescue operations using their 4x4 vehicles equipped with rescue capabilities.

Mr Deiner mentioned that the Department is currently commissioning a flood response unit, which will be stationed in the Garden Route. He explained that the vehicles in these specialised units are expected to respond to incidents anywhere in the province. For example, during the collapse in George in May 2024, the vehicle from Breede Valley was moved to George with all the necessary equipment, and the same would happen with the Garden Route flood unit if there were a flood in Cedarburg.

He explained that the Department maintains these vehicles and their equipment through grants each year. Mr Deiner then described their response to the KwaZulu-Natal flood, where Mr Paulse was approached by the Head of Department (HOD) for KwaZulu-Natal on day four of the flood. Although much of the floodwater had subsided by that time, many people were trapped in collapsed buildings and mudslides. The Department responded with the rescue technicians mentioned earlier, and the SASRA organisation provided fourteen 4x4 vehicles to assist with transportation, as there was no capability to move the team around. They were also joined by rescuers from Gift of the Givers, who provided additional assistance.

Mr Deiner noted that the team responded within 18 hours of receiving the call to KwaZulu-Natal and carried out various rescue operations. The Department also sent two people from the provincial disaster centre to work in the KwaZulu-Natal Disaster Centre to assist with command and control, a critical task in disaster management. He explained that these individuals are part of a system run by the United Nations Disaster Assistance Programme, which allows them to be sent to other disaster-affected regions worldwide to gain expertise and bring it back to assist in managing local disasters.

Mr Deiner emphasised that their response to the KwaZulu-Natal flood was the largest provincial response and the first team to arrive from another province. However, he acknowledged that the response could have been quicker if the request had come earlier. He mentioned that this is an area they are working on, as highlighted by the Premier last week, to establish agreements that would enable quicker assistance in the future. He concluded by thanking everyone.

Mr Albert Dlwengu, Chief Director: Policy and Strategic Support, provided an update on implementing the Traditional and Khoi-san Leadership Act. He began by explaining that the implementation of the Act is currently managed by the Commission, which has been established to receive and investigate applications. Once the Commission completes its investigations, it makes recommendations to the National Minister, who then forwards these recommendations via the province to the Premier for further consideration.

Mr Dlwengu reported that the Act has been suspended for a period of 24 months. This suspension is in place because the court found that the provincial and national Parliaments failed to implement proper public participation processes. The deadline for rectifying these processes is 29 May 2025. Until the issues are addressed and the Act is rectified, the Act remains suspended, but the Commission continues to process applications.

In the meantime, Mr Dlwengu outlined the provincial activities. He indicated that the province continues to function normally but is preparing for the Act's eventual implementation. This preparation includes researching and developing legislation and policies to support traditional and Khoisan leadership structures once recognised. For example, if traditional councils or houses are established, the province will need to provide administrative and financial support. To ensure readiness, the province is learning from other provinces and adapting its systems to fit local needs.

Mr Dlwengu emphasised that the suspension of the Act allows time to prepare for future implementation, including managing assets and ensuring compliance with auditing requirements. The Department is also working with the Commission on various issues, such as raising awareness, to support the implementation process once the Act is fully operational.

Dr Sandra Greyling, Chief Director: Municipal Support and Capacity Building, expressed gratitude to the Chairperson before providing an update on the monitoring and support mechanisms for municipalities. She explained that the Bills Unit and another unit are working closely together to ensure that monitoring informs the support provided. Although they are making progress, there are still some gaps that are currently being addressed.

Dr Greyling noted that different levels of support are available to municipalities, with some municipalities proactively seeking assistance. In such cases, a Municipal Operational Support Plan is implemented, where challenges are identified – whether human resource-related, intergovernmental, or financial. The appropriate solutions are then adopted. Prior to this, a steering committee was established to monitor progress and ensure that the issues are being effectively addressed.

For municipalities identified through the monitoring system as requiring targeted support, a diagnostic assessment is conducted across all business units. A Section 154 Support Plan is then put in place, which needs to be funded. Dr Greyling highlighted the importance of collaboration with municipalities and the involvement of key stakeholders to address specific challenges identified in each municipality. While the focus is primarily on compliance issues, other insights sometimes reveal the need for additional support.

Dr Greyling also mentioned the existence of various intergovernmental relations fora within the Chief Directorate, which address specific issues such as municipal property rights. She noted that collaboration with other entities, such as the South African Local Government Association (SALGA), ensures consistent messages are conveyed to municipalities regarding these matters.

Mr Marius Brand, Director: Municipal Infrastructure, responded to questions from the Chairperson and Members by addressing two main issues: bylaws and high tariffs.

Regarding the bylaws, he mentioned the development of standard models, specifically focusing on innovative approaches like on-site wastewater treatment works and dry water usage. He emphasised the importance of ensuring these systems are not connected to potable water supplies to prevent contamination and potential disease spread.

Mr Brand also spoke about drought restrictions, drought tariffs, and the promotion of water resilience within development stipulations for developers. He highlighted best practices in water-sensitive urban design, such as stormwater management and rainwater harvesting. These practices are shared through platforms like the Municipal Infrastructure Forum, where municipalities and relevant Departments exchange knowledge and experiences.

Regarding tariffs, Mr Brand mentioned that regular tariff comparisons are conducted in consultation with the Department of Provincial Treasury. He provided examples such as sanitation tariffs based on the number of toilets per household and high availability charges for water in holiday towns. Mr Brand also noted that legal opinions are sought to ensure electricity tariffs remain affordable.

An official added to Mr Marius Brand's earlier remarks by emphasising the importance of sharing best practices within the legislative and constitutional framework. He highlighted that this platform includes legal officials, directives, corporate services, and junior legal officials from municipalities, where best practices are shared through presentations and discussions. The official also mentioned the development of standard draft bylaws by his unit, such as those related to rules of order and other necessary areas. These bylaws are then disseminated to municipalities based on emerging needs and practices.

Mr Gavin Birch, Director: Specialised Support, responding regarding the Beaufort West Municipality, explained that it is currently under a section 139(5) intervention, with a financial recovery plan being implemented. This plan is being monitored and supported by various Departments, including the Department of Local Government, Provincial Treasury, National Treasury, National CoGTA, and SALGA. He noted that there has been significant progress in achieving the aims of the financial recovery plan with the current administration.

Another official briefly addressed the performance monitoring of the Department and the relevant points previously mentioned. The Department had a comprehensive performance monitoring approach focused on evidence-led decision-making, supported by company-specific indicators aligned with national practices.

The official explained that there was an institutionalised data collection process for gathering information from municipalities. As the Head of Department had earlier indicated, the performance monitoring within the Department guided the support rendered to municipalities. All data was managed in the Departmental Knowledge Management hub, which was used for sharing and dissemination.

Regarding the performance ratings, it was mentioned that Good Governance Africa had developed a governance index to monitor all 257 municipalities in South Africa. Key focus areas included administration and governance, economic development, leadership management, planning and monitoring, and service delivery.

It was noted by the Head of Department that the City of Cape Town was a top-performing metro in the country. Among secondary cities, Drakenstein, Stellenbosch, and George were ranked first, second, and fifth out of 19 in the country, respectively. For local municipalities, Saldanha Bay was top-performing, followed by Breede Valley, Overstrand, and Mossel Bay.

In terms of smaller municipalities, Swartland was notable, with the majority of top-performing municipalities located in the Western Cape. The Cape Winelands, West Coast, Garden Route, and Overberg regions filled the top four spots. These independent ratings from Good Governance Africa were consistent with those from other agencies, such as Minister for IQ.

Ms Nozuko Zamxaka, Chief Director: Integrated Service Delivery, thanked the Chairperson. She explained that, within the Chief Directorate, there is a directorate dedicated to public participation, which includes a small unit focusing on supporting municipalities with external human rights and special projects. She detailed that this team assists municipalities with four key programmes.
Firstly, they work on gender mainstreaming in municipalities by supporting gender focal persons with capacity building and drafting gender action plans. Secondly, as referred to by the Head of Department, they create awareness around violence and harassment in the workplace by reviewing policies and raising awareness within municipalities.

The third initiative addresses human trafficking, noting an increase in certain areas of the Western Cape. The team conducts workshops to raise awareness about this issue. Lastly, they focus on disability mainstreaming, assisting municipalities in creating sensitivity and awareness around disabilities.

Ms Zamxaka concluded by reiterating that the initiatives mentioned, particularly those related to violence and harassment in the workplace, are part of their ongoing efforts to support municipalities.

Further Discussion
The Chairperson stated that the responses provided were excellent and highlighted the impressive performance of many municipalities. He acknowledged that while some municipalities are performing exceptionally well, there is a challenge in elevating those that are not yet meeting the same standards. He noted that some issues raised in the responses might need further presentations in the future, as today's discussion provided only a general overview.

The Chairperson announced that he would allow another round of questions. He recognised Mr N Constable (PA) as the first to ask a question, followed by Mr G Marais (FF+) and then Ms T Lithakong (EFF). He mentioned that Mr T Walters (DA) would be included in the subsequent round of questions.

The Chairperson reminded Members to keep their questions concise and relevant, without limiting the discussion.

Mr N Constable (PA) said that his comments were practical rather than questions, particularly directed towards the MEC and the HOD. He shared that, having worked in a municipality for the past eight years, he wanted to offer some insights and raise issues regarding municipal support. He noted that, while the MEC had spoken about the proximity of municipalities to the people, he believed that early detection of issues was crucial. And while support is provided to municipalities, it often comes too late, after significant damage has already occurred. He gave an example from his experience as the former executive mayor of Beaufort West Municipality, where he had written to the MEC in 2019 about the deteriorating financial situation. However, the Financial Recovery Plan (FRP) was only implemented in 2021, by which time the damage was extensive. He argued that the municipality might have been in a better condition if the FRP had been initiated earlier.

Mr Constable also highlighted concerns about ageing infrastructure, particularly in relation to water systems. He mentioned that, in Beaufort West Municipality, there was a 67% water loss, largely due to outdated underground infrastructure. He stressed the need for early detection and targeted support to address such issues effectively.

Additionally, he addressed the need for improved collaboration between the MEC and the executive and between provincial government and municipalities. He emphasised that this collaboration should not be limited to DA municipalities but should focus on strengthening intergovernmental relationships and exploring ways to enhance cooperation. He concluded by stating that the Committee could play a role in improving these relationships and processes.

Mr G Marais (FF+) thanked the Chairperson and mentioned that it was his first meeting, so he aimed to make a positive impression. He briefly addressed the Minister, expressing disagreement with the position on the Environmental Commissioner. He pointed out that the Western Cape Constitution highlights the role of the Environmental Commissioner and does not suggest that the Premier may decide on the role. Mr Marais emphasised the interlinking of local government, the environment, and development planning, and suggested that there is still a case pending on this matter.

Regarding disaster management, Mr Marais noted that the priority for 2024-2025 includes strengthening disaster response and increasing hazard awareness in communities. However, he felt there was a lack of focus on preventative measures. He referenced the Disaster Management Act, which defines disaster management as an integrated process aimed at preventing or reducing risk. He criticised the repeated issues in Citrusdal, suggesting that preventative strategies should be a major focus in future planning.

Ms T Lithakong (EFF) raised concerns about gender-based violence (GBV) and the need to reinforce the role of gender focal points in municipalities. She highlighted that women in her area are still afraid to report GBV cases. She requested information on how to improve the handling of such cases.

The Chairperson indicated that the Committee would now take responses to the comments and then break for five to ten minutes. He mentioned that tea and coffee were available outside and the meeting would resume to complete the remaining agenda.

Responses
Minister Bredell stated that the Standing Committee had a challenging role, emphasising that their focus should be on benefiting the people rather than forming friendships. He acknowledged the difficulties in local government, where resources are often insufficient to meet all needs, leading to conflicts. He highlighted the importance of addressing these issues, especially with new coalitions and changing dynamics. Minister Bredell pointed out the need for quicker assessments and responses, particularly concerning the Section 139 (5) process for financial management. He stressed that effective municipal management required both financial and political discipline.

Minister Bredell also discussed the challenges of municipal demarcation and financial viability, noting that some municipalities like Cederberg struggle due to poor infrastructure and financial constraints. He emphasised the need for accurate financial systems and the potential for municipalities to generate additional income. He addressed the water resilience plan, indicating it needed updating and coordination with national government. He mentioned the need for new underground water sources and better management of existing resources.

He expressed frustration with vandalism, which hampers infrastructure maintenance and increases costs. Minister Bredell suggested involving Expanded Public Works Programme (EPWP) workers in safeguarding equipment and welcomed ideas from the Standing Committee. He acknowledged the challenges of environmental issues and financial constraints, noting that the budget shortfall for disasters was significant. He indicated a need for discussions on prioritising funding between various Departments.

Additionally, Minister Bredell spoke about the importance of teams for dealing with chemical and petroleum accidents. He mentioned the 'Jerry the Giraffe' programme, aimed at educating children about safety and waste management. He recognised the need for preventive measures and future planning to avoid recurring issues. He concluded by stating that gender-based violence (GBV) was taken seriously and that efforts were in place to address it within the Department of Social Development (DSD). He noted that GBV Committees existed at various levels and stressed the importance of continuing these efforts.

Mr Paulse stated that the total amount of funding requested from the national government had reached R5.3 billion due to damages, particularly in Citrusdal. He explained that the road in Citrusdal had been washed away three times, and the municipality had been struggling to address the issue due to insufficient funding from the national government. Despite submitting all necessary documentation and writing multiple requests, there has been no response yet.

Mr Paulse highlighted that the municipality had to use its maintenance budget to repair roads just to ensure access. However, if the requested funding were approved, it would not only allow them to restore infrastructure to its original condition but also enable improvements and a better rebuild in response to the disaster. He mentioned that discussions were ongoing with the National Department regarding the R5.3 billion needed to cover the damages suffered in the province.

Mr Deiner expressed gratitude and explained that damage assessments are conducted when a disaster occurs and is declared, followed by a request for additional funding beyond their own resources. He noted that they had not yet received provincial funding for the damages from June and September of the previous year, which compounded the difficulties. Further, they experienced a series of flooding events: one in April, another in June, and a third in July. This sequence of events made it challenging to manage and assess the damage effectively. Despite having a dedicated directorate for Disaster Risk Reduction, the capacity of the Department was stretched as staff had to be reassigned to assist with the response to the ongoing disasters. Mr Deiner highlighted that these were the main challenges they were facing.

The Chairperson then checked if any other Members wished to ask follow-up questions, aside from Mr Walters. After confirming there were no additional questions, the Chairperson indicated that Mr Walters' question would be taken and the Committee would proceed to finish the agenda. The Chairperson also noted that, after completing the agenda, there would be an opportunity for tea, avoiding the need for everyone to leave and return later.

Mr Walters addressed the Chairperson, stating that his question had already been covered. He took the opportunity to compliment the Department, noting that the report provided was the most comprehensive he had received compared to others from different provinces and levels of government. He appreciated the clarity and relevance of the answers, particularly regarding bylaws, which would help him in his future role. Mr Walters commended the Department for their effective communication and thorough response.

The Chairperson thanked Mr Walters for his comments and briefly shared his thoughts. He noted that the project planned for, particularly the Riversdale project, was highly anticipated and seemed very promising. He suggested that it might be beneficial for the Committee to make it one of their first oversight visits to observe the project’s progress, plans, and potential impact on the local community.

The Chairperson then posed two quick questions. First, he inquired about the new Climate Change Act – specifically Chapter Two, which addresses provincial forums on climate change and their integration into the Premier's Intergovernmental Forum. He sought to understand the general sentiment around this provision and whether there were any plans to establish these forums, or if they would wait for specific regulations to be developed before proceeding.

Second, the Chairperson asked about municipal demarcations, wondering if there was an expectation of a significant increase in the number of wards. He acknowledged that he was not referring to the Independent Electoral Commission but sought any available indications or estimates regarding this potential increase.

The Chairperson concluded by passing the floor to Minister Bredell for further discussion.

Minister Bredell noted that one of the successes in the Western Cape was the effectiveness of their forums, but he also recognised the concern raised by the Members regarding attendance. He emphasised that every member is invited to these forums every month, but attendance cannot be enforced if members choose not to participate.

He proposed that the current focus should be on making climate change a standing item on the Premier's Coordinating Forum (PC Forum) rather than creating new forums. Minister Bredell expressed concern that various stakeholders, including the national government and others, seem to want a say in municipal affairs, which complicates matters. He suggested that it would be more efficient to consolidate meetings into a single full day rather than multiple half days to ensure that municipal officials can still attend to their duties.

Regarding municipal demarcations, Minister Bredell informed the Committee that the Municipal Demarcation Board had completed the outer boundaries and was now working on ward boundaries. He mentioned that the schedule for this process could be shared, and that public participation would follow. From his perspective as Minister, he urged municipalities to be cautious, as each additional councillor increases the financial burden on taxpayers. He anticipated that there would be significant debate on the increasing expenses of municipalities, and stressed the importance of balancing costs with the functionality of councils.

Minister Bredell also highlighted the need to avoid investing in council chambers while there are pressing issues such as food insecurity among the population. He mentioned that the Department tries to maintain unequal numbers in councils to prevent hung councils, although this approach does not always succeed. The Minister’s goal is for all parties to actively participate in the demarcation process and to collaborate with the Demarcation Board, which is leading the effort.

Finally, Mr Paulse amplified the response by addressing the national Minister’s role in determining the number of wards. He pointed out that the increase in wards depends on the formula issued by the national Minister and the permitted deviations within the legislation. He concluded by reiterating the importance of considering these factors in the ongoing discussions.

The Chairperson responded, acknowledging the importance of functionality in municipal governance but also highlighting the need to consider the well-being of councillors. He noted that many councillors are under significant pressure due to the expanding ward boundaries. He then opened the floor for any further questions or comments, specifically inviting Ms Stoffel to contribute.

Ms Stoffel expressed her concern regarding the lack of a Rapid Response Team, which was mentioned during the presentation. She emphasised that establishing such a team should be a priority, despite financial constraints, as it is crucial for the province to have this capability. She stressed the urgency of the matter and suggested that immediate action should be taken.

Mr Deiner responded by acknowledging the concern and explaining that the idea of a Rapid Response Team is indeed being considered. He mentioned that they plan to petition for budget allocation towards this initiative. Currently, the province is relying on existing internal resources, asking them to provide assistance when needed. However, he admitted that this approach is not ideal as it affects the ability to meet other deliverables.
 
Mr Deiner elaborated on the concept of a dedicated team, possibly composed of engineers, municipal managers, or other staff, who could be mobilised to assist municipalities in need. He explained that this Rapid Response Team would be focused on service delivery, with the Minister coordinating the efforts by quickly responding to calls and messages from municipalities requesting assistance.

The Chairperson commended Mr Deiner and his team for their swift response despite the limited resources available to them. He emphasised that the key message emerging from the discussions was the critical need for budgetary considerations.

Following this, the Chairperson thanked Mr Paulse and his team for their participation and proceeded to the next agenda item, which was the adoption of the Committee minutes from the inaugural meeting.

Committee Minutes dated 5 July 2024

He noted that the meeting minutes were very brief and had been distributed to the Members beforehand. He then called for a proposer and a seconder for the adoption of the minutes.

Mr Constable proposed the adoption, and Mr Walters seconded it.

The Chairperson acknowledged the support and thanked the Members.

He then informed the Members that the date of the next meeting, specifically for Local Government, would be confirmed in due course. However, he mentioned that the meeting for the Environment portfolio was scheduled for the week of 20 August 2024, and any changes to the time or date would be communicated before the end of the week to allow for proper planning.

The Chairperson concluded the meeting by inviting everyone to join for some refreshments outside.

The meeting was adjourned.