Report of the Select
Committee on Cooperative Governance and Traditional Affairs on its activities
undertaken during the 4th Parliament (May 2009 – March 2014)
Key highlights
1.
Reflection on the Committee’s
programme per year and on whether the objectives of such programmes were
achieved
The 4th Parliament was a very busy and productive political
term, a number of Committee reports were thus tabled in the NCOP. The political
term has been a successful one for the Committee, with almost all of its strategic
plan and mandate achieved. The scope of work that still has to be achieved is
outlined for the Committee to follow-up during the 5th Parliament.
The critical success factor for the Committee has been through meaningful
intergovernmental relations in its oversight activities. Intergovernmental
relations also play a key role in its approach in providing objectivity,
mediation, and on-site investigation in providing hands-on support to
municipalities.
2.
Committee’s focus
areas during the 4th Parliament
The Committees’ oversight intervention focus
was strategically resolute to realize the following objectives:
·
Ensuring
intergovernmental checks and balances aimed at guarding the integrity and
efficiency of the intervention process;
·
Ensuring that the
Provincial Executive Councils sets out the how they intended to restore the
fulfilment of the relevant obligations assumed in respect of the intervention
and ensuring the fulfilment in the long term;
·
Observing the
principles of co-operative government;
3.
Key areas for future
work
·
Expedite the promulgation of
the legislation to regulate the implementation of section 139 of the
Constitution – Framework for Intervention.
·
There is an urgent need to
expedite the proposed legislation aimed
at recognising the Khoisan Traditional Leadership, as the process has been
delayed since 2003. The Committee was concerned
about the plight of the Khoisan people, and their
struggle to achieve recognition as traditional leaders and communities.
·
There was a need for
increased oversight efforts linked to Operation Clean Audit. The project is aimed at promoting good governance, strengthening
financial management to achieve operational efficiency and encouraging
accountability within Government. The ultimate goal is that by 2014, all 283
municipalities and provincial departments within the nine provinces will
achieve clean audits on their annual financial statements.
·
According to the
Service Delivery Protest Barometer published by the Community Law Centre at the
University of the Western Cape, the number of service-delivery protests doubled
between 2007 and 2012. Municipal IQ recorded 112 service-delivery protests
across South Africa from January to August 31 2013. Gauteng had the most
protests (24%), followed by Eastern Cape (21%) and KwaZulu-Natal (14%).
Therefore, a proactive oversight approach should be instituted to those service
delivery protest hotspots. The approach
will be the hallmark of dealing with any allegations of negligence, corruption
and incompetence in those levels of government.
·
On 22 January 2014,
President Jacob Zuma signed a Proclamation directing the Special Investigating
Unit (SIU) to investigate, amongst others, the allegations of serious
maladministration in connection with the affairs of the Department of Cogta,
improper or unlawful conduct by the officials of the Department, unlawful
appropriation of public money and intentional or negligent use of public money.
The allegations to be investigated by the SIU relates to the following:
·
The appointment of
a service provider to provide technical support and administrative services in
respect of the Ward Based Co-operatives Programme of Cogta.
·
Payments that were
made by the Department in a manner that was allegedly not fair, competitive,
transparent, equitable or cost-effective; contrary to, among other things,
legislation and policies.
4.
Key challenges
emerging
·
Interventions are usually made far too late – when a municipality is
about to collapse. It takes considerable effort to put the municipality back on
a stable footing. Yet if the intervention had been made earlier, when the first
signs of a failure emerged, it could have reduced the harm to service delivery,
be less costly and be more effective.
·
In terms of section 154 of the Constitution, national and provincial
government must by legislative and other means, support and strengthen local
government to manage its own affairs. But for a variety of reasons, provinces
have not been fulfilling their monitoring and support role effectively.
·
A number of terms used in section 139 of the Constitution have been
subjected to different interpretations, resulting in inconsistencies and
uncertainties. The interpretation of terms such as “appropriate steps”,
“exceptional circumstances”, and “executive obligations” have proved to be
problematic. There is a need for conceptual clarity on this.
·
It is not always clear why provinces intervene in some municipalities
with problems and not in others. It sometimes seems that political and other
criteria weigh unduly on decisions to intervene. Interventions, it is argued,
are sometimes used to settle political scores.
5.
Recommendations
·
An intervention should be
used as a ‘last resort’; ‘early-warning’ and pre-intervention support
mechanisms are needed. Some of the interventions could have been prevented if an early warning
system, leading to proper support, had been in place.
·
Where there are
allegations of corruption, misappropriation of funds and maladministration, the Minister for Cogta should approach the
Hawks to pursue criminal investigation in all those cases.
·
Salga in co-operation with Local Government Sector Education and Training
Authority should facilitate training and capacity building for municipal
councillors; to further deepen their understanding of the oversight role; legal
framework and policies that govern the activities of municipalities.
·
Provinces should ensure that there is a sound exit strategy after an
intervention, with a role for the district municipalities in the ‘after care’.
District municipalities have not determined their support roles, e.g. request
progress reports on section 139 municipalities at their IGR Forums, determine
areas of support and escalate matters to LG MinMec.
1.
Introduction
The purpose of this report
is to provide an account of the Select Committee on Cooperative Governance and
Traditional Affairs on its activities in ensuring executive accountability,
conducting oversight, facilitating public participation and passing legislation
and interventions in terms of section 139 the Constitution during the 4th
Parliament and to inform the members of the new Parliament of key outstanding
issues pertaining to the oversight and legislative programme of the Department
of Cooperative Governance and Traditional Affairs, the Department of Public Service
and Administration as well as their Public Entities.
This report provides an
overview of the activities the Committee undertook during the 4th
Parliament, the outcome of key activities, as well as any challenges that
emerged during the period under review and issues that should be considered for
follow up during the 5th Parliament. It summarises the key issues
for follow-up and concludes with recommendations to strengthen operational and
procedural processes to enhance the Committee’s oversight and legislative roles
in the future.
The report is divided into six sections. The first
section deals with departments and public entities accounting to the Committee.
The second section deals with the functions and mandate of the Committee.
Thirdly, it provides legislative and accountability statistics in respect of
number of meetings held, legislation passed and notices interventions in terms of section 139 of the
Constitution referred by House and considered by the Committee in terms of Rule
101 of the National Council of Provinces. The method of work and the approach
the Committee employed is covered in the fourth section. Legislation referred
to the Committee as well as the content related challenges are expressed in
section five. Section six covers the oversight trips and study tours undertaken, as well as the
content challenges encountered in that respect. Lastly, a summary of all
outstanding issues requiring follow-up during the 5th Parliament are
outlined, and the way forward provided.
1.1 Departments
and entities over which the committee exercise oversight:
There
are two departments where the Committee plays an oversight role, namely, the
Department of Co-operative Governance and Traditional Affairs (Cogta) and the
Department of Public Service and Administration (DPSA). The table below
provides information on the departments accounting to the Committee in terms of
their constitutional mandates.
|
DEPARTMENT |
CONSTITUTIONAL MANDATE |
|
Department of Co-operative Governance and Traditional Affairs. |
Cogta’s mandate is derived from Chapters 3 and 7 of the Constitution of
the Republic of South Africa, 1996 (Act No. 108 of 1996). As a national
department its function is to develop national policies and legislation with
regard to provinces and local government, and to monitor the implementation
of the following: ·
Intergovernmental
Relations Framework Act, 2005 (Act No 13 of 2005) ·
Municipal
Property Rates Act, 2004 (Act No. 6 of 2004) ·
Local
Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003) ·
Traditional
Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003) ·
Disaster
Management Act, 2002 (Act No. 57 of 2002) ·
Local
Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) ·
Local
Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) ·
Local
Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) |
|
DEPARTMENT |
CONSTITUTIONAL MANDATE |
|
Department of
Public Service and Administration |
DPSA derives its mandate from Chapter 10 of the Constitution of the Republic of South Africa,
1996 (Act No. 108 of 1996). It was established in 1996 in terms of the Public
Service Act of 1994, to provide policy-making support to the Minister in
carrying out constitutional and legislative mandate in the following areas: •
To
transform and modernize the public service and oversee changes to the
structure of the public service. •
To
establish norms and standards for HRM&D, conditions of service, labour
relations, IT and service delivery. •
To
issue directives and regulations for the public service. •
To formulate
the National Anti-Corruption strategy. |
Table 2: Public entities reporting to the
Committee accounting to the committee in terms of their constitutional mandates
|
DEPARTMENT |
PUBLIC
ENTITIES |
CONSTITUTIONAL MANDATE |
|
Cogta |
South African Local Government Association (SALGA) |
Influencing government policy and
legislation especially in so far as it affects the institution and
traditional communities as well as forming cooperative relations and
partnerships with government at all levels in development and service
delivery. |
|
Local Government Water and Related Services SETA (LGWSETA) |
Promoting
leanerships, skills development programmes and other education interventions
to enhance the efficiency and effectiveness in local government |
|
|
Municipal Demarcation Board (MDB) |
Determining and revising municipal
boundaries and delimiting the wards in accordance relevant legislation
provisions. |
|
|
Commission for the Promotion and Protection of the Rights of Cultural,
Religious and Linguistic Communities (CRL) |
Monitoring state policy and legislative developments to facilitate the
promotion and protection of the rights of all communities. |
|
|
National House of Traditional Leaders (NHTL) |
Promoting
the role of traditional leadership within a democratic constitutional and preservation
of the culture and traditions of communities. |
|
|
South African Cities Network |
The
SA Cities Network is an established network of South African cities and
partners that encourages the exchange of information, experience and best
practices on urban development and city management. |
|
|
DPSA |
Public Administration Leadership and Management Academy (PALAMA) |
PALAMA
has been mandated as the ‘training arm’ of government to professionalise,
build capacity and support career advancement in the Public Service. PALAMA
was officially launched in August 2008. |
|
State Information Technology Agency (SITA) |
SITA
was established in 1999 to consolidate and coordinate the State’s information
technology resources in order to achieve cost savings through scale, increase
delivery capabilities and enhance interoperability. |
1.2 Functions of Committee:
Parliamentary committees are mandated to:
·
Monitor the financial and non-financial
performance of government departments and their entities to ensure that
national objectives are met.
·
Process and pass legislation.
·
Facilitate public participation in Parliament
relating to issues of oversight and legislation.
1.3 Method of work of the Committee
Since its first
session in 2009, the Committee has made a concerted effort to devise
appropriate working methods that adequately reflect the nature of the tasks
with which it has been entrusted. In the course of its oversight activities,
particular on section 139 interventions, it has sought to modify and develop a
cooperative government approach in the light of its experience. This approach
played a key role in providing objectivity, mediation, and
on-site investigation and will continue to evolve.
The
Committee has sought to coordinate its work with that of other bodies to the
greatest extent possible and to draw as widely as it can on available content
expertise in the fields of its competence. The Committee has also sought to
draw on the expertise of the relevant specialized agencies, both in its work as
a whole and, more particularly in the context of its oversight. It has also
consistently invited individuals and commissions, especially the Financial and
Fiscal Commission as well as the Auditor-General of South Africa. These
contributions have added to its understanding of some aspects of the questions
arising and challenges confronting local government.
1.4 Purpose of the report
This
report covers the work of the Committee during the Parliamentary year from May
2009 until March 2014. It does a review on the activities of its
oversight work on the Departments of Cooperative Governance and Traditional
Affairs and Public Service and Administration, with a special focus on section
139 of the Constitution and related matters.
The contention adopted in this paper is that local government is expected
to effectively attain its mandatory mission of delivering services that are
adequate and responsive to the needs of the community. The Committee during its oversight-term, interrogated the Departments and
related public entities, on what they were doing by asking deep questions, as
to whether their programmes were having an impact, are effective, efficient,
relevant, sustainable and were outcome-based.
2. Key statistics
The table below provides an overview of the number of meetings held, legislation
processed and the number of oversight trips and study tours undertaken by the Committee
during the 4th Parliament:
|
Activity |
2009/10 |
2010/11 |
2011/12 |
2012/13 |
2013/14 |
Total |
|
Meetings held |
22 |
20 |
18 |
16 |
18 |
94 |
|
Legislation processed |
3 |
1 |
1 |
2 |
2 |
8 |
|
Oversight trips undertaken |
10 |
10 |
4 |
8 |
10 |
42 |
|
Study tours undertaken |
None |
None |
None |
2 |
None |
2 |
|
International agreements processed |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
|
Statutory appointments made |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
|
Interventions considered |
|
|
|
|
|
|
|
Petitions considered |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
3. Legislation
The following pieces of legislation were referred to the committee and
processed during the 4th Parliament:
|
Year |
Name of Legislation |
Tagging |
Objectives |
Completed/Not Completed |
|
2009/10 |
Cross –Boundary Municipal Laws Repeal and Related Matters Act |
Sec 76 |
To amend the
Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005, so
as to provide for consequential matters as a result of there-determination of
the geographical areas of certain provinces; and to provide formatters
connected therewith. |
Completed |
|
2009/10 |
National and Provincial Houses of
Traditional Leaders Bill |
Sec 76 |
To provide for
the establishment of the National House of Traditional Leaders; to determine
the powers, duties and responsibilities of the House; to provide for support
to the House by government; to provide for the relationship between the House
and the provincial houses; to provide for the accountability of the House;
and to provide for matters connected therewith. |
Completed |
|
|
National House of Traditional Leaders and Governance Framework
Amendment Bill |
Sec 76 |
To amend the
Traditional leadership and Governance Framework Act, 2003, so as to
substitute definitions and to insert definitions; to provide for the
recognition of kingships or queenships and the withdrawal of such recognition
by the President on the recommendation of the Minister; to provide for the
establishment and recognition of principal traditional communities. |
Completed |
|
2010/11 |
Local Government: Municipal Systems Act |
Sec 76 |
To amend the local government: Municipal System Act, 2000 so as to
insert and amend certain definitions
and to make further provision for the appointment of municipal managers and
managers directly accountable to
municipal managers |
Completed |
|
2010/11 |
Regulations on the Participation of
Municipal Staff Members as Candidates for National, Provincial and Local
Elections. |
|
These Regulations are in terms of Section 71A of the Local Government:
Municipal Systems Act, 2000 (Act No. 32 of 2000) as amended in 2008.
According to this provision of the Act, it empowers the Minister to prescribe
limits and conditions in a form of regulations for all municipal staff
members, who during election period stand to be elected into public office. |
Completed |
|
2010/11 |
Draft Disaster Management Volunteer
Regulations and Explanatory Memorandum on the Objects of the Regulations |
|
Described the powers given to the Minister of the Department in case
of a disaster, whether men made or natural, and the allowances given to the
Minister when the need arose to bring in volunteers in a disaster hit area. |
Completed |
|
2013/14 |
Public Administration Management Bill
|
Sec 76 |
To promote the
basic values and principles governing the public administration referred to
in section 195(1) of the Constitution; to provide for the transfer and
secondment of employees in the public administration; to regulate conducting
business with the State; to provide for capacity development and training; to
provide for the establishment of the National School of Government; to
provide for the use of information and communication technologies in the
public administration; to establish the Public Administration Ethics,
Integrity and Disciplinary Technical Assistance Unit; to provide for the Minister
to set minimum norms and standards for public administration; to establish
the Office of Standards and Compliance to ensure compliance with minimum
norms and standards; to empower the Minister to make regulations; and to
provide for related matters. |
Completed |
|
2014/15 |
Intergovernmental Monitoring, Support and Intervention Bill. |
|
To regulate the implementation of, and the processes provided for
in, section 139(1), (2) and (3) of the
Constitution; and to provide for matters connected therewith |
Not Completed |
a) Challenges emerging
The following content-related challenges
emerged during the processing of legislation:
·
The Committee’s position as the central legislative institution is
expressed through its mandate to scrutinize, amend, and enact legislation.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
- The Executive should be required to
undertake an assessment before a Bill is tabled in Parliament, to examine
the relevant and likely budgetary, financial, economic, administrative,
social, gender, environmental and other impacts on local government.
4. Oversight trips undertaken
The following oversight
trips were undertaken:
|
Date |
Area Visited |
Objective |
Recommendations |
Responses to Recommendations |
Follow-up Issues |
Status of Report |
|
18/08/2009 |
Koukamma Local Municipality |
To conduct oversight over the compliance of intervention in terms of
section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
19/08/2009 |
Alfred Nzo District Municipality |
To conduct oversight over the compliance of intervention in terms of
section 139 (1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
12/11/2009 |
Mkhondo Local Municipality |
To conduct oversight over the compliance of intervention in terms of
section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
13/11/2009 |
Ngaka Modira Molema District Municipality |
To conduct oversight over the compliance of intervention in terms of
section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139 (1)(b) of
the Constitution |
|
|
Report adopted. |
|
24/02/2010 |
Thabo Mufutsanyana local Municipality |
To conduct oversight over the compliance of intervention in terms of
section 139(1)(b) of the constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
25/02/2010 |
Nala Local Municipality |
To conduct oversight over the compliance of intervention in terms of
section 139(1)(b) of the constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
17/03/2010 |
Umhlabuyalingana Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
18/03/2010 |
Indaka Local Municipality |
To conduct oversight over the compliance of intervention in terms of
section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
19/03/2010 |
Okhahlamba Local Municipality |
To conduct oversight over the compliance of intervention in terms of
section 139(1)(b) of the constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
11/05/2010 |
Tswaing Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
13/05/2010 |
Madibeng Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
14/05/2010 |
Masilonyana Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
25/05/2010 |
Sundays River Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139 (1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
26/05/2010 |
Moses Kotane Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
27/05/2010 |
Thembisile Hani Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139 (1) (b) of
the Constitution |
|
|
Report adopted. |
|
|
|
|
|
|
|
Report adopted. |
|
19/08/2010 |
Mafikeng Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
09/11/2010 |
Msunduzi Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
06/03/13 |
Mtubatuba Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The intervention expired. |
|
|
Report adopted. |
|
08/03/2013 |
Imbabazane Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
13/08/2013 |
Bushbuckridge Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
14/08/2013 |
Emalahleni Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
15/08/2013
|
Umvoti Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
16/08/2013 |
Abaqulusi Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
21/08/2013 |
Ditsobotla Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
21/08/2013 |
City of Matlosana |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House disapproved the intervention in terms of section 139(1)(b)
of the Constitution |
|
|
Report adopted. |
|
21/08/2013 |
Maquassi Hills Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
|
27/08/2013 |
Mnquma Local Municipality |
To monitor and oversee compliance of intervention in terms of section
139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of
the Constitution |
|
|
Report adopted. |
a) Challenges emerging
The following content-related challenges emerged
during the oversight visit:
One of the
observations by the Select Committee on Co-operative Governance and Traditional
Affairs with previous interventions was the procedures followed by intervening
provinces which differed extensively. There were interventions with and without
prior directives, interventions that ‘relieved’ councillors of all their
functions and those that ‘took over’ the administration of the municipality.
Clearly, no uniform procedure with the necessary checks and balances was used
or even available. Many of the interventions, in particular those that omitted
the 139(1)(a) directive, were legally unsound and open to constitutional
challenge.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
The promulgation of the
legislation to regulate the implementation of section 139 of the Constitution
should be expedited.
·
Where clear responsibility and financial
liability for mismanagement, maladministration or fraud are detected, the involvement of the Hawks and the South African Police Services
(SAPS) will assist in the successfully pursuing of criminal investigations in
all of these cases.
·
5. Study tours undertaken
The following study tours were undertaken:
|
Date |
Places Visited |
Objective |
Lessons Learned |
Status of Report |
|
29 June to 7 July 2012 |
Uganda |
To
draw important lessons on the best practices in dealing with developmental
policies on local government and improving service delivery, increasing
efficiency, accountability, co-ordination, monitoring and evaluation, as well
as governmental responsiveness.To visit their Legislatures in order to
observe how local government issues are debated, monitored at parliamentary
committee level. |
(a). The Parliamentary rules provide the
provision for the establishment of Local Government Accounts Committee.
Noting the recent negative local government audit outcomes, considerations
should be given for the establishment of such a committee in the NCOP, to
ensure specific, thorough, diligent and effective oversight in the diagnosis
of audit matters and such a committee to make quicker and necessary
interventions in ensuring local government is responsible and accountable. (b). The Buganda Kingdom provides an
interesting cooperative governance arrangement between the Kingdom and the
Government of Uganda. The Kingdom’s traditional structure is organised in
ministries which are parallel to that of the Government of Uganda. These
ministries are complementary, and operate in unison with the Government of
Uganda in ensuring the consolidation of unity amongst all, and for the
benefit of the people of Uganda. (c). Lessons
were noted on the Local Government Accounts Committee in Uganda, which
examine, monitors and evaluate the municipal audit outcomes from the
Auditor-General, as well as the state of municipalities’ reports. Linked to
this observation are the fundamental principles of effective and efficient
utilisation of public resources and transparent and accountable financial
management practices. |
The report was adopted and ATCed. |
|
|
|
|
|
|
a) Challenges emerging
The following challenges emerged during the
study tours:
·
Technical/operational challenges
·
Content-related challenges
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
6. Interventions
The following
interventions were referred to and processed by the committee:
|
Title |
Date referred |
Current status |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution Ngaka Modira Local Municipality |
16 July 2009 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in
Mkhondo Local Municipality |
12 August 2009 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution Thabo Mfutsanyana Local Municipality |
30 October 2009 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution Indaka Local Municipality |
26 January 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in
Okhahlamba Local Municipality |
26 January 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in
Umhlabayalingana Local Municipality |
26 January 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in
Nala Local Municipality |
26 January 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Masilonyane Local Municipality |
17 February 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Sunday River Local Municipality |
17 February 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Madibeng Local Municipality |
12 April 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Tswaing Local Municipality |
12 April 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Naledi Local Municipality |
12 May 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Mafikeng Local Municipality |
27 July 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Msundizi Local Municipality |
4 November 2010 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Imbabazane Local Municipality |
4 February 2013 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in
Abagulusi Local Municipality |
8 April 2013 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in
Emalahleni Local Municipality |
26 April 2013 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Bushbuckridge Local Municipality |
2 May 2013 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Ditsobotla Local Municipality |
2 May 2013 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Magaussi Hills Local Municipality |
2 May 2013 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution in Matlosane Local Municipality |
2 May 2013 |
Completed |
|
Notice of intervention in terms of section
139(1) (b) of the 1996 Constitution Nquma Local Municipality |
2 June 2013 |
Completed |
a) Challenges emerging
The following content-related challenges were
experienced during the processing of interventions:
·
One of the observations by the Select Committee on Co-operative
Governance and Traditional Affairs with previous interventions was the procedures
followed by intervening provinces which differed extensively. There were
interventions with and without prior directives, interventions that ‘relieved’
councillors of all their functions and those that ‘took over’ the
administration of the municipality. Clearly, no uniform procedure with the
necessary checks and balances was used or even available. Many of the
interventions, in particular those that omitted the 139(1)(a) directive, were
legally unsound and open to constitutional challenge.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
The promulgation of the
legislation to regulate the implementation of section 139 of the Constitution
should be expedited.
·
Where clear responsibility and financial
liability for mismanagement, maladministration or fraud are detected, the involvement of the Hawks and the South African Police Services
(SAPS) will assist in the successfully pursuing of criminal investigations in
all of these cases.
·
6.1 Obligations conferred on committee by
legislation:
The responsible to
exercise oversight when one sphere of government intervenes in another in a
manner that may affect its integrity. The NCOP is entrusted with the task of
guarding against the abuse of the various powers of intervention. The specific
instances where the NCOP exercises oversight is set out in terms of section 139
Constitution.
a) Challenges emerging
The following challenges
emerged:
The Committee is required to determine
whether the procedural requirements have been met; substantive requirements have been met; and provincial executive has used
its discretion appropriately. The Committee can disapprove the
intervention any time within 180 days after the intervention began. The
intervention will end automatically if the Committee has not approved the
intervention within the 180 day period or has disapproved it within the 180
days period. However, Parliament’s Programme sometimes poses a challenge in
complying with the constitutional window period to grant approval or
disapproval of an intervention. This could be due to the recess and
constituency period, and the Committee’s not been able to attend oversight
intervention due to the NCOP’s sitting.
b) Issues for follow-up
The 5th
Parliament should consider following up on the following concerns that arose:
·
More oversight intervention time should be given to the Committee, given
that section 139 interventions being a severe inroad in local government’s
functional and institutional integrity. Equally taking cognisance of the 180
days period.
2. Summary of outstanding issues relating to the department/entities that
the committee has been grappling with
The following key issues are outstanding from the committee’s activities
during the 4th Parliament:
|
Responsibility |
Issue(s) |
|
SC on Cogta and the Department of Cogta |
(a). Expedite the promulgation of the legislation to regulate the
implementation of section 139 of the Constitution – Framework for
Intervention. |
|
SC on Cogta and the Department of Cogta |
(b). There is an urgent need to expedite the proposed legislation aimed at recognising the Khoisan
Traditional Leadership, as the process has been delayed since 2003. The Committee was
concerned about
the plight of the Khoisan people, and their struggle to achieve recognition
as traditional leaders and communities. |
|
SC on Cogta |
(c). There is a need for
increased oversight efforts linked to Operation Clean Audit. The project is aimed at promoting good
governance, strengthening financial management to achieve operational
efficiency and encouraging accountability within Government. The ultimate
goal is that by 2014, all 283 municipalities and provincial departments
within the nine provinces will achieve clean audits on their annual financial
statements. |
|
SC on Cogta |
(d). According
to the Service Delivery Protest Barometer published by the Community Law
Centre at the University of the Western Cape, the number of service-delivery
protests doubled between 2007 and 2012. Municipal IQ recorded 112
service-delivery protests across South Africa from January to August 31 2013.
Gauteng had the most protests (24%), followed by Eastern Cape (21%) and
KwaZulu-Natal (14%). Therefore,
proactive oversight approach should be instituted to those service delivery
protest hotspots. The approach will be
the hallmark of dealing with any allegations of negligence, corruption and
incompetence in those levels of government. |
|
SC on Cogta and the Department of Cogta |
(e).
On 22 January 2014 President
Jacob Zuma signed a Proclamation directing the Special Investigating Unit
(SIU) to investigate, amongst others, the allegations of serious
maladministration in connection with the affairs of the Department of Cogta,
improper or unlawful conduct by the officials of the Department, unlawful
appropriation of public money and intentional or negligent use of public
money. The allegations
to be investigated by the SIU relates to the following: • The
appointment of a service provider to provide technical support and
administrative services in respect of the Ward Based Co-operatives Programme
of Cogta. • Payments that
were made by the Department in a manner that was allegedly not fair,
competitive, transparent, equitable or cost-effective; contrary to, among
other things, legislation and policies. |