Questions and Replies

Reply:

No, municipalities are not reporting to the Department on the use of virtual meetings.

Whilst the Department does not monitor whether council meetings are virtual or physical, learning from experience during COVID-19, we encourage municipalities to explore cost effective ways of conducting council business where feasible. Councillors also receive tools of trade, hence, it is possible for council sittings to be held virtual. It is our view that this approach can result in significant savings for the municipalities which can be redirected to service delivery priorities.

However, we continue to implore on municipalities to be cautious in whatever decision they take because it is important that the principle of inclusive governance is adhered to and promoted at all times, including at a citizenary level. This will ensure that our principle of participatory democracy is upheld in the business of council.

End.

Reply:

It is recommended that the question be redirect to Ministry of Agriculture, Land Reform and Rural Development to provide responses accordingly.

End.

Reply:

The Department of Cooperative Governance has through the National Disaster Management Centre (NDMC) partnered with the South African Local Government Association (SALGA) and the Department of Forestry, Fisheries, and Environment (DFFE) to coordinate training targeting Councillors and Officials on issues of Disaster Management, Climate Change, and Environment. Through working with the Department of Traditional Affairs, training will, with effect from the 2024/25 financial year, be rolled out to reach traditional areas.

End.

Reply:

As part of the 30 years of democracy and reflecting on the work of the 6th Administration, the Ministry of Cooperative Governance and Traditional Affairs has from 09 April 2024 started handing over the completed infrastructure projects to beneficiaries and communities. A total of 18 projects will be handed over to communities. The cost for these events are shared between all spheres of government and at this stage it cannot be quantified as the events differ in form and structure.

End.

Reply:

(a)

• The Traditional and Khoi-San Leadership Act, 2019 (TKLA) makes provision for the establishment of the Commission on Khoi-San Matters which deals with applications for recognition of Khoi-San communities and leaders and makes recommendations to the Minister of Cooperative Governance and Traditional Affairs in this regard. The Commission was appointed with effect from 20 September 2021 for a period of five years and has to date invited and received applications for recognition and is currently seized with the recognition process. As at this point, there are no recognized Kho-San communities and leaders, and the support of the Department of Traditional Affairs is currently channeled towards the Commission on Khoi-san Matters to process the applications for recognition by Khoi-san leaders and communities.

• The Commission has conducted awareness campaigns in all provinces on the application process, the criteria for qualification, how to complete application forms and other provisions of the Act in relation to applications, including the timeframes within which applications for recognition can be submitted to the Commission. However, despite the extensive awareness campaigns and groundwork that the Commission conducted in its first year of operation to educate members of the public and potential applicants on the application process, all the applications received by the Commission did not comply with the Act and did not have documentary evidence to assist the Commission to determine if the applicants qualify to be recognised.

• To address this challenge the Commission has begun conducting applicant member investigations as part of its investigation and intervention process to assist the applicants to provide required documentary evidence. In this regard, the Commission conducts face-to face bilateral engagements with each applicant member concerned. During the session, the application form and gaps therein as well as the evidence documents required for compliance in terms of the Act are explained to the applicant members, and the applicant member is assisted to complete the application form in compliance with the provisions of the Act.

(b) Government’s support to the socio-economic development of Khoi-san communities is multi-faceted and involves a range of organs of state in line with their respective mandates. The following are examples:

• Culture and language

(i) There are steps taken to design and implement specific projects aimed at promoting and protecting the use of Khoi-San languages as one of the previously disadvantaged indigenous languages. The SA Constitution makes provision for the establishment of a Pan South African Language Board (PanSalb) to promote the creation of conditions for the development and use of languages. To date, PanSalb has launched the Khoekhoegowab Dictionary Glossarium, the first dictionary for the South African Khoi and San languages. Free copies of the Glossarium were distributed to communities and other interested stakeholders. Furthermore, the Department of Education has introduced the Nama language in some of the Northern Cape schools.

• The Protection of the Cultural indigenous knowledge system

(ii) Government has through the Department of Science and Innovation developed legislative measures to protect cultural and indigenous knowledge systems. The primary objective of the Indigenous Knowledge System is to facilitate the protection of Indigenous Knowledge relating to and owned by indigenous communities of SA, and the restoration and recognition thereof, and (a) facilitate the redress of rights and benefits to indigenous communities which have previously been deprived of such rights and benefits; (b) facilitate and coordinate the development of indigenous knowledge; (c) establish and manage the registration of indigenous knowledge practitioners; (d) empower indigenous communities through education and awareness campaigns to enable them to recognise and utilise indigenous knowledge for cultural and economic benefit.

(iii) The Department of Forestry, Fisheries, and Environmental Affairs has launched the industry-wide benefit-sharing agreement on traditional knowledge associated with Rooibos between the Khoi-San communities and the Rooibos industry on 01 November 2019 in the Western Cape. This agreement has been concluded in terms of the United Nations Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access and Benefit Sharing, and the agreement was signed by the Minister, the National Khoi-San Council, the San Council of South Africa, and the South African Rooibos Council. The first payment of just over R12,2 million has been paid to the San and Khoi people of South Africa.

• Access to land

Government has through the Department of Agriculture Land Reform and Rural Development continued to process land claims received from Khoi-san communities. In this regard, the Department has confirmed that Khoi-San communities have successfully claimed land in many provinces. However, government appreciates that at the core of some of the land claims is fundamental issue of the cutoff point introduced by the Land Act of 1913. This matter was discussed at the Land Tenure and Administration Summit convened by the Deputy President in May 2022, and clear resolutions on the way forward were taken in this regard.

• Delivery of basic services

Government follows an integrated governance approach with a view to accelerating service delivery, especially in previously disadvantaged communities. Central to this are Integrated Development Plans (IDPs), which are strategic planning instruments that inform all planning, budgeting, management, and decision-making of local municipalities. To enhance service delivery, government has adopted the District Development Model which seeks to convert districts into geographic hubs within which to drive integrated development and service delivery. These geographic spaces, just like municipalities, cater for all South Africans, including Khoi-san communities that reside there.

End.

Reply:

According to information provided by KZN Provincial CoGTA, the disciplinary hearing for the official in question commenced on 23 June 2017. It is mentioned that his Attorney passed away in April 2018 and all files were taken by the Law Society. The official then requested copies of all documents from the Municipality in order for him to consult and instruct his new Attorneys, Nxumalo and Partners. Due to the loss of vital documentation by the Municipality, the Municipality was unable to proceed with the matter and his case was withdrawn by the Municipal Council. He resumed duties in the Municipality on 26 November 2018.

End.

Reply:

Designation	(a) Make	(b) Model	(c) Year of manufacture	(d) Purchase date	(e) Purchase Price
(i) Former Minister Dlamini -Zuma	Volvo	XC60	2020	24 March 2020	R 806 699.96
(ii) Deputy Minister Tau Cape Town office	Toyota	Fortuner 2.8 GD6	2023	30 May 2023	R 692 347.15
(i) Minister Nkadimeng Cape Town office	BMW	X3 20D	2023	28 June 2023	R 786 295.01
(i) Minister Nkadimeng Pretoria office	BMW	X3 20D	2023	28 June 2023	R 786 295.01
(ii) Deputy Minister Tau Pretoria office	BMW	X3 20D	2023	28 June 2023	R 786 295.01
(iii) Deputy Minister Burns-Ncamashe Pretoria Office	BMW	X3 20D	2023	29 March 2023	R 788,795.00

End.

Reply:

It is our understanding that the transgressions (non-compliance with the Municipal Investment Regulations) in relation to the VBS investigations is currently before the courts. We are therefore unable to provide any comment in this regard at this point in time.

End.

Reply:

a) Reasons for dependency on external service providers by municipalities for the work that can be done internally have been investigated and documented in the State of Local Government Report (SOLG) as follows:

• Lack of adequate support from National and Provincial Government departments and other service delivery departments.
• High vacancies rates in key senior management positions within municipalities (especially distressed municipalities) has resulted in the increased reliance on external service providers in core services.
• The absence of CFOs in municipalities impact sound financial management and vacancies in the technical departments compromise service delivery.
• Revenue challenges in municipalities (especially dysfunctional municipalities) caused by negative economic position makes is difficult for them to attract and retain competent staff members.

b) Measures to build internal capacity to provide the core services required by the public:

a) The introduction of the Municipal Systems Act: Municipal Staff Regulations of 2021, in line with the Municipal Systems Act, 32 of 2000, laid a solid foundation for the achievement of the objective to strengthen the capacity of municipalities to perform their functions through recruitment and appointment of suitably qualified and competent persons, thereby professionalising local government and decreasing the use of external service providers for core functions.

b) Municipal Skill audits (Gapskill system):

Chapter 5 of the MSR obliges municipalities to conduct Skills development to:

• support the achievement of the municipality’s goals set out in the Integrated Development Plan by providing critical skills that ensure the delivery of quality services.
• promote the development and retention of competent municipal staff, including the development of technical, professional and specialist staff who have the required qualifications and skills.
• support the employment equity objectives of a municipality.
• be based on high quality provision and effective workplace learning and development practices, including coaching, mentoring, on-the-job learning and opportunities for the practical application of skills in the workplace.

Moreover, the department is finalizing the enhancement of the Gapskill system in order to assist municipalities to support staff members to:

• clarify the skills required for jobs, identifying relevant skills needs and develop opportunities to satisfy the skills needs.
• identify new skills and knowledge required by staff to support their career growth and progression.
• create learning opportunities which will allow their staff to develop the skills and expertise to enable them to compete effectively for placement in new or vacant posts; and
• ensure that skills development is a KPA in senior managers and supervisors performance agreements.

c) Professionalisation of the public services:

• The Department is participating in the implementation of the Professionalisation of public service through the setting of uniform standards for staff establishment, job competency framework, recruitment, selection and appointment, performance management, capacity building and skills development.
• To deal with the issue of bloated organograms, the Department developed prototypes staff establishments according to powers and functions of different categories of municipalities and is now in the process of piloting and validating the prototype staff establishments in all municipalities, over a period of 36 months. The implementation of the prototype staff establishments will result in the “fit for purpose” functional operating models of municipalities. Capacitated municipalities will no longer rely on service providers for core services.
• In 2016, the Department introduced competency assessment for senior managers in line with the Competency Framework as promulgated in 2014 with the Regulations on appointment and conditions of services for senior managers (Regulations). The Department has finalised the review of the current Local Government: Competency Framework and assessment batteries for different categories of municipal positions during the 2022/23 financial year and has embarked on the pilot and validation of competency assessment batteries during the 2023/24 financial year.

d) To strengthen the coordination of capacity building in local government, the in order to build internal capacity:

The NCBF of 2004 has been reviewed and resulted in the approval of the Integrated Local Government Capacity Building Strategy (ILGCBS&IP) in 2022. This aims to provide an overarching new framework strategy that incorporates all current existing capacity building strategies in local government. The ILGCBS&IP will decisively deal with the rise of well-intended, but uncoordinated short-term municipal capacity building interventions and ensure that all municipalities become adequately capacitated to take on their redistribution, transformation and developmental tasks in a viable, structured and affordable way, and within the shortest possible period of time (as directed in the Constitution).

Establishment of a Sector-wide National Capacity Building Coordinating Forum as a coordination mechanism - consists of key sector departments, provincial departments responsible for local government, state associated institutions (LGSETA, SALGA). It serves as single-window of capacity building coordination and a clearing house for any initiative that is earmarked for local government.

End

Reply:

No, the Minister has not engaged with King Misizulu Sinqobile kaZwelithini and the Minister of Agriculture, Rural Development and Land Reform because –

a) the administration of the Ingonyama Trust Act rests with the Minister for Agriculture, Land Reform and Rural Development, who is in terms of the provisions of the Act, the competent Executive Authority regarding the affairs of the Ingonyama Trust.

b) The Minister is also not a competent authority in relation to the issue of the desirability of the King taking the Chairpersonship of the Trust. The composition of the Board falls within the purview of the Minister for Agriculture, Land Reform and Rural Development.

End.

Reply:

The Strategies required to create work opportunities for the unemployed to contribute to improved service provision include the following:

1. Maximising labour-intensive construction (LIC) where feasible without compromising the quality of the services.
2. Maximising use of labour for maintenance of infrastructure.
3. Ensuring that skills development and training is provided to those employed for provision of services.

The Expanded Public Works Programme (EPWP) was introduced by Government to create work opportunities across all its four sectors, namely Infrastructure, Non-State, Environment and Culture, and Social sectors. One of the prescripts of the EPWP is to use labour-intensive methods that ensure that significant numbers of participants are employed in the Programme to do the work. Some examples include opting to employ labour for excavating trenches for pipework instead of using machines, opting for paved roads that maximise labour force as well as litter picking.

The use of labour for planned and routine maintenance of infrastructure includes cleaning stormwater drainage systems, cutting grass or patching of potholes.

It is imperative that skills development and training is part of the public employment programmes mentioned above to ensure that labour is capacitated to perform the tasks for quality products, and as part of the exit strategies wherein the beneficiaries can be employed in future utilising the skills learnt.

The Municipal Infrastructure Support Agent (MISA) is currently supporting municipalities to implement their infrastructure projects labour intensively. This involves ensuring that suitable projects are selected for maximising LIC, LIC design methods incorporated in project documentation, monitoring is done during construction and the work opportunities created are recorded on the EPWP system administered by the Department of Public Works and Infrastructure (DPWI).

End.

Reply:

a) Human resources capacity:

Since the 2023/2024 Financial Year, the National Disaster Management Centre (NDMC) Fire Services Directorate have been performing annual capacity assessments within Provinces, in particular where little or no capacity exists, to determine the level of support required.

The purpose of the capacity assessments is in an effort to develop a sustained urban search and rescue capability across the country. The assessments assist the NDMC Fire Services to ascertain the necessary human resource capacity and skills and infrastructure required within a particular Province to reduce the level of risk of structural collapses, and water related risks to the community.

b) Financial support to municipalities:

The NDMC is responsible for the establishment as well as development of a Urban Search and Rescue (USAR) capacity through governmental and regulatory frameworks.

Therefore, in the 2024/2025 Financial Year, the NDMC have made budgetary provision for training and development programmes within the assessed Provinces, in order to strengthen USAR capabilities within each province, district, and local municipality in an effort to ensure that they are equipped, and ready to respond to urban search and rescue incidents at various capacities.

End.

Reply:

Yes, we are already intervening and capacitating municipalities so that they respond better in fulfilling their constitutional mandate, that of providing basic services. The DCoG, Provinces and Salga have done a lot of training and capacity building for oversight structures in municipalities, not just in dysfunctional municipalities.

Consistent with the provisions of Section 154 of the Constitution, the Department has established a Results Management Office (RMO) with the aim of capacitating municipalities. National Cogta, Provincial Cogta Departments and National and Provincial Treasuries have deployed various experts to deal with challenges related to governance, financial matters, local economic development, service delivery and infrastructure including water, roads and electricity.

Moreover, the following legislative and regulatory frameworks have been introduced to support and strengthen the capacity of all municipalities, including the 66 dysfunctional municipalities to deal the breaches of Code of Conduct for Municipal Staff Members:

a) Schedule 2 of the Local Government: Municipal Systems Amendment Act, 2000 as amended.

b) Local Government: Disciplinary Regulations for Senior Managers, 2011.

c) Disciplinary Proceedure Collective Agreement.

In addition to the above, the Department has established a database of staff members who have been dismissed and resigned prior to finalisation of disciplinary proceedings which is monitored on continuous basis.

End.

Reply:

a) (i)There is no amount of CWP budget that has been lost to corruption. The Department did not discover any fraudulent activities nor our assurance providers discovered and reported any fraudulent activities

(ii) The amount paid to undeserving benefiaries is R1,3 million.

(iii) There is no amount of CWP budget that has been lost to theft as the Department and its assurance providers did not discover or report any theft.

(b) The amount that has been recovered is R1,2 million and this relates to underseving beneficiaries. The balance of R100 000.00 is still to be recovered through arbitration and mediation with two implementing agents respectively.

 

End.

Reply:

Based on the information at our disposal and in consultation with CWP sites in all provinces:

a) There were no cases of sexual harassment and gender-based violence reported.

b) Not applicable.

End.

Reply:

(aa) Qatar:

In May 2022, the state of Qatar donated food, equipment and other support for the victims of the April and May floods in the KwaZulu-Natal Province. The donations were facilitated by the Departments of Cooperative Governance and Social Development. On Sunday 29 May 2022, the Province of KZN received the attached consignment as a donation from the State of Qatar. The equipment and goods were facilitated and distributed through designated provincial structures and mechanisms. Therefore, this donation was not presented to the (i) Minister of Cooperative and Traditional Affairs, (ii) the department or (iii) officials of the Department.

(bb) Iran:

Neither the (i) Minister of Cooperative and Traditional Affairs, (ii) the department nor (iii) officials of the Department received (a) sponsorships, (b) donations and (c) financial transfers provided for lawfare and/or any other purposes.

(cc) Russian:

In September 2023, during the BRICS meeting of Ministers responsible for Disaster Risk Reduction, the Minister of Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters (EMERCOM) from the Russian Federation, Mr Aleksandr Kurenkov, presented to the Minister of COGTA, a bouquet of flowers and a vase from ERMERCOM.

End.

Reply:

a) For the past five years, the CWP spent as follows:

Financial year	Budget	Expenditure	% Spent
2022/23	4,295,349,000	3,828,768,000	89%
2021/22	4,205,153,000	3,525,647,000	84%
2020/21	4,098,622,000	3,482,391,000	85%
2019/20	3,834,288,000	3,832,114,000	100%
2018/19	3,851,123,000	3,328,642,000	86%

b) From the past five years, the following number participants benefited from the programme:

1. 2023/24 - 255 000
2. 2022/23 - 254 700
3. 2021/22 - 252 018
4. 2020/21 - 259 065
5. 2019/20 - 250 011

c) The amount paid to Implementing Agents in the past five years is as follows:

2023/24 financial year - no advances paid as Implementing Agents (IAs) were not contracted in this financial year.

Contract period: 01 October 2021- 31 March 2023

IA	Advances Paid to IAs	Spent by IAs	Balance
South African Youth Movement	R83,062,750.42	-R83,062,750.42	R0.00
Insika Foundation	R54,164,282.00	-R53,037,310.64	R1,126,971.36
Thembalethu Development	R35,280,520.85	-R35,212,305.99	R68,214.86
Green Development Foundation	R41,396,955.81	-R41,092,516.53	R304,439.28
Seboka Training & Support Network	R14,833,467.93	-R14,833,467.93	R0.00
National Youth Development Agency	R59,313,545.94	-R59,313,545.94	R0.00
TOTAL	R288,051,522.95	-R286,551,897.45	R1,499,625.50

Contract period: 01 April 2018- 30 September 2021

IA	Advances Paid to IAs	Spent by IAs	Balance
Thembalethu Development	R473,211,793.24	-R474,067,031.15	-R855,237.91
Insika Foundation	R531,665,053.09	-R534,935,980.71	-R3,270,927.62
Joubert Park Outreach Project	R316,568,960.26	-R319,980,177.23	-R3,411,216.97
Seboka Training and Network	R253,661,457.61	-R254,973,285.13	-R1,311,827.52
3L Development	R158,656,284.02	-R156,384,027.27	R2,272,256.75
South African Youth Movement	R336,658,079.31	-R333,723,145.64	R2,934,933.67
Beaulah Africa	R164,197,948.80	-R161,169,692.62	R3,028,256.18
NPO Iketsetse	R97,661,360.80	-R89,662,377.24	R7,998,983.56
AIDS Foundation	R63,450,737.92	-R62,224,209.54	R1,226,528.38
Icembe Foundation	R18,797,125.66	-R15,396,762.22	R3,400,363.44
Out the Box	R9,867,722.77	-R8,545,572.57	R1,322,150.20
TOTAL	R2,424,396,523.48	-R2,411,062,261.32	R13,334,262.16

Total Advances Paid to IAs Over the Past 5 Years	Total Spent by IAs Over the Past 5 Years (Incl. Retention Fees Paid)
R2,769,827,247.96	R2,754,993,360.30

End.

Reply:

In relation to the exact capacity available in each Province and what is required to react to national rescue disasters, the Department performs annual assessments of Urban Search & Rescue (USAR) capacity within Provinces, which includes provision of funding for training and development for purposes of establishing and maintaining sustainable USAR capacity within Provinces.

The NDMC will in the new financial year initiate a process for the development of National USAR standards for the South African USAR teams accreditation process. The standard will identify specific roles and responsibilities for each Urban Search and Rescue activity included in the operational plans of the various USAR teams participating in disaster response efforts. It will also provide mechanisms to determine the level of implementation of USAR activities according to the magnitude of the event or disaster and the capacity of the USAR team to deal with it. The standard will be introduced in all spheres of government, and it will also make provision for the development of USAR response systems for all government USAR teams involved in response, including the private sector, NGOs, and technical experts for the purpose of enhancing USAR capacity within the country.

The above initiatives will be aligned to the United Nations International Search and Rescue Advisory Group (INSARAG), as South Africa is a signatory to the UN General Assembly Resolution 57/150 on "Strengthening the Effectiveness and Coordination of International USAR Assistance" (2002) which underpins much of the actions taken by the Department in the areas of effective preparation, coordination and response to rescue related disasters.

I thank you.

Reply:

a) The Local Government: Municipal Structures Act No. 3 of 2021 introduced section 79A which now makes it mandatory for each municipality to establish Municipal Public Accounts Committees (MPAC). One of the key responsibilities of MPAC, is to review comments made by management in the audit action plan to address issues raised by the Auditor-General South Africa (AGSA).

To support and strengthen the functioning of the MPACs, the Department established the MPAC and Council Committees Forum to support MPACs to perform their legislative responsibility. The discussion at the Forum is inclusive of matters relating to issues raised by the AGSA; investigation on Unauthorised, Irregular, Fruitless and Wasteful (UIF&W) expenditure in accordance with section 32 of the MFMA, read with s79A of the Municipal Structures Act. The Forum includes representatives from the National Treasury, SALGA, provincial departments responsible for local government, and the AGSA.

The implementation of the recommendations to address identified material irregularities are evaluated by the department as an integral part of assessing the adequacy of the audit action plans and progress on the implementation of the audit action plans. Engagements are also held with some of the MPAC provincial forums on their oversight role relating to issues raised by the AGSA.

Municipalities are required to refer identified material irregularities that are of a criminal nature to law enforcement agencies for further investigation. Progress in relation to investigations of the reported cases is provided by law enforcement agencies at the Local Government Anti-Corruption Forum (LGACF), which was launched by the Department as a coordination structure of anti-corruption efforts in the local government sphere. On an ad hoc basis, the AGSA is also invited to the LGACF to make presentations on material irregularities in local government and progress in relation to addressing the material irregularity findings.

b) The Department will collaborate with its key stakeholders, including the National Treasury, SALGA, provincial departments responsible for local government, and the AGSA, to identify municipalities with persistent non-compliance or lack of action for intervention, encourage MPACs to hold management accountable for poor performance and transgression.

End.

Reply:

Question 1 (a)

The department of COGTA has initiated fire services capacity assessments which is updated on annual basis with all the Provincial Disaster Management Centres across the Country. The current total number of fire rescue disaster personnel are as follows:

Provinces	Number of fire rescue members
Western Cape	1 452
Free State	481
Gauteng	3 538
Eastern Cape	938
KwaZulu-Natal	1 125
North West	650
Limpopo	482
Mpumalanga	478
Northern Cape	88

Question 1 (b) (i) and (ii)

Eastern Cape	10
Free State	27
North West	23
Gauteng	197
Western Cape	69
Limpopo	0
Mpumalanga	37
Northern Cape	0
KwaZulu-Natal	205

 

Question 2 (a) (b) (c) (d)

The Department performs annual Urban Search & Rescue capacity assessments within the Provinces as part of its efforts to ensure the establishment as well as development of a sustainable Urban Search & Rescue capacity within the country. 

The last capacity assessment in terms of (a) (b) (c) (d) was performed in the Mpumalanga Province on 25 October 2023. 

 Question 3

The Department has no active MOUs with NGOs/Non-profit organizations dealing with rescue disasters, as these are typically entered into on a Provincial and Municipal level with NGOs/NPOs at the initial face of operations. However, the Department is exploring the possibilities of such MOUs and have referred a recent request for partnership with an NGO through to the CoGTA Legal Services for a legal opinion. The Department is also in the process of having it's Urban Search & Rescue Governance Framework gazetted, which, in line with the Disaster Management Act (No 57 of 2002) calls for the active participation of all stakeholders, including the private sector, NGOs, technical experts, communities, traditional leaders and volunteers, in disaster risk and response planning and operations. 

End.

Reply:

No. The Department is not responsible for maintaining a record of employees in municipalities who are suspended with or without pay.

The powers to appoint municipal personnel and to institute disciplinary proceedings, including suspensions and conditions of suspensions, are vested in municipal councils.

Therefore, the record of suspended municipal personnel are kept by municipalities in their capacity as employers.

End.

Reply:

a) In relation to training and empowerment of headmen/women, there are those coordinated by the National Department of Traditional Affairs (DTA) and individual Provincial CoGTA Departments. During the 2021/22 financial year, the DTA in partnership with LGSETA coordinated training of four hundred and forty-one (441) Traditional and Khoisan Leaders (inclusive of headmen/women) on the Traditional and Khoi-San Leadership Act 2019, Act No. 3 of 2019 (TKLA). In addition, during the 2022/23 financial year, DTA facilitated training of eight hundred and fifty-one (851) traditional leaders, consisting of Senior Traditional Leaders, Headman/women including women structures in traditional communities on Gender Based Violence and Femicide (GBVF) and Customary Initiation Act 2021, Act No. 2 of 2021 (CIA).

According to information received from Provincial CoGTA Departments, they also undertake empowerment programmes for headmen/women as reflected in Annexure A.

b) The provision of tools of trade to headmen/women is a provincial competence. According to information received from Provincial CoGTA Departments, the status quo is as reflected in Annexure A. However, in order to promote uniform norms and standards, the DTA is currently in consultation with Provincial CoGTA Departments on a draft Handbook on the tools of trade for traditional leaders.

End.

Reply:

Poor service delivery can be attributed to various factors including financial liquidity challenges; inadequate allocation of financial resources for infrastructure development; poor contract management; and poor maintenance of infrastructure. Additionally, corruption, poor governance and political infights and/or disagreements distract priorities and delivery of services within municipalities.

Addressing these issues require a comprehensive approach involving improved governance; effective municipal leadership; collaboration with strategic partners within local government, and strategies to address governance failures.

The state of local government (SoLG) report identified 66 municipalities as dysfunctional, and these municipalities had challenges across the key performance areas of political, governance, administration, financial management and service delivery. In response to getting these municipalities out of this state of dysfunctionality, the Department developed Municipal Support and Intervention Plans (MSIPs) to address the short and medium-term challenges identified in the SoLG report for each of the municipalities and key local government performance areas. The implementation of MSIPs is monitored on a quarterly basis to assess achievement of proposed actions; facilitate adjustments based on changing circumstances, and for accountability.

The Department, including its provincial counterparts, have various intergovernmental forums and engagements on support to improve municipal performance and service delivery. Provinces also have provincial structures that discuss similar matters, and some established the Rapid Response Teams or Multi-disciplinary teams to respond to municipalities that have service delivery challenges.

The Department provides the following support aimed at strengthening the capacity within municipalities as a complementary process to enable a conducive environment for improved service delivery:

• The Department, through the Municipal Infrastructure Support Agent (MISA), supports municipalities by among others, placement of civil and electrical engineers to assist with infrastructure management and capacity building in municipal project management units.
• Use of the Municipal Systems Improvement Grant (MSIG) to stabilize institutions and governance systems. The implementation of the projects through MSIG includes capacity building for long term viability in targeted municipalities.
• Municipalities that experience liquidity challenges and adopted unfunded budgets are persuaded to develop budget funding plans. Some have developed financial recovery plans to improve their cashflow and minimise the use of conditional grants for operational cost.
• Strengthen oversight committees to exercise their oversight role in ensuring accountability.

End.

Reply:

The NDMC Fire Services Directorate, in its attempt to reposition fire services in the country is working closely with the Eastern Cape Provincial Disaster Management Centre in improving capacity within the province to provide a sustainable Fire Services within the Eastern Cape Province, which includes the Joe Gqabi District Municipality. In May 2023 a functionality assessment was performed by the Eastern Cape Provincial Disaster Management Centre to assess the municipality’s capacity, funding sources, human and physical resources to support a fire service. The NDMC Fire Services Directorate further supported the Eastern Cape during the 2023/204 FY by performing capacity assessments within five (5) identified municipalities for the implementation of the National Fire Safety & Prevention Strategy, aimed at lowering prevention of loss of life, with a particular focus on preventing multi-fatality causalities in buildings to which the public have access.

There are plans in place to assist the municipality, to improve its capacity to perform the firefighting function. The NDMC Fire Services Directorate is in the process of drafting a consolidated Status Report of Fire Services in the country which forms part of the Review of the Disaster Management System in the country, and a Fire Services Working Group have already been established to perform this task. The aim of the Status Report is to identify service delivery gaps, and to monetarily quantify the areas where support is needed, from which a business case will be forwarded to the Minister, and upon approval be submitted to National Treasury before the end of March 2024.

End.

Reply:

Protection for whistleblowers, including municipal employees and councillors who report allegations of corruption, maladministration and related offences at municipalities is provided by the Protected Disclosures Act, 2000 (Act No. 26 of 2000) (“the PDA”). The PDA was primarily enacted to provide for procedures in terms of which employees in both the private and the public sector may disclose information regarding unlawful or irregular conduct by their employers or other employees in the employ of their employers and most importantly to provide protection to employees who make a disclosure.

The purpose of the PDA is to protect workers from being subjected to an “occupational detriment” because they made a protected disclosure; to provide for remedies where an occupational detriment does occur and to provide procedures in terms of which information can be disclosed in a responsible manner. The PDA is administered by the Department of Justice and Constitutional Development.

Practically, this means that if a person discloses information which is classified as a protected disclosure and an occupational detriment occurs because of disclosing, an employee or worker can approach any court with jurisdiction, which includes the Labour Court, for appropriate relief. The courts are empowered to make any appropriate order which is just and equitable in the circumstance where an occupational detriment has occurred.

Municipalities are encouraged through the Local Government Anti-Corruption Strategy to develop whistle blowing policies to encourage the reporting of allegations of corruption, maladministration and related offences at municipalities. Furthermore, municipal officials and councillors can report any act of corruption and maladministration anonymously through the National Anti-Corruption Hotline (NACH) administered by the Public Service Commission (PSC).

It has been highlighted that while the PDA is well intended, it is deficient in many important respects. As such, there is a process currently underway, lead by the Department of Justice and Constitutional Development, to review the PDA with a view to close the identified gaps.

End.

Reply:

a) (i) There were no allocations and transfers for fire incidents in 2020-21, 2021-2 and 2022-23

(aa) The department supported affected organs of state by transferring an amount of R138 million from the Provincial Disaster Response Grant during the 2020/2021 financial year to seven provinces to mitigate the effects of drought.

Province	Allocation R'000	Date funds transferred	Hazard
1. Eastern Cape	R 35 000	06/07/2020	Drought
2. Kwazulu-Natal	R 4 000	06/07/2020
3. Limpopo	R 18 640	06/07/2020
4. Mpumalanga	R 12 160	06/07/2020
5. Northern Cape	R35 689	06/07/2020
6. Northwest	R8 000	06/07/2020
7. Western Cape	R 25 000	06/07/2020
Grant Total: 07	R138 489

(bb) The department transferred an amount of R48 million to Western Cape Department of Agriculture to mitigate the effects of drought during the 2021/2022 financial year from the Provincial Disaster Response Grant.

Province	Purpose of allocation	Allocations R'000	Date funds transferred
Western Cape	distribution of livestock feed.	R48 100	07/02/2022

An amount of R173 million was transferred from Municipal Disaster Response Grant to 11 municipalities in two provinces (Western Cape) to address the effects of the drought in 2021/2022 financial year.

Province	District	Municipalities	Total Allocation R'000	Hazard
Eastern Cape	Metro	1. Nelson Mandela Bay	R57 829	Drought
	Sarah Baartman	2. Dr. Beyers Naude	R6 057
	Cacadu	3. Makana	R2 200
	Sarah Baartman	4. Ndlambe	R15 229
	Sarah Baartman	5. Sundays River	R7 580
	Sarah Baartman	6. Kouga	R12 500
	Sarah Baartman	7. Kou Kama	R6 380
	Amathole	8. Amathole	R13 207
	Chris Hani	9. Chris Hani	R5 000
2. Western Cape	Garden Route	10. Oudtshoorn	R47 150
Grant Total: 02	06	10	R173 132

• (bb) During the 2021/2022, an amount of R157 million was transferred to 16 municipalities in four provinces (Kwazulu-Natal, Limpopo, Northern Cape and North West) from the Municipal Disaster Response Grant to repair damaged public municipal infrastructure due to Tropical Storm Eloise.

Province	District	Municipalities	Allocation R'000	Hazard
1. KwaZulu Natal	uThukela	1. Alfred Duma	R31 937	Tropical Storm Eloise
2. Limpopo	Capricorn	2. Blouberg	R12 900
	Capricorn	3. Lepelle-Nkumpi	R5 626
	Capricorn	4. Molemole	R1 000
	Capricorn	5. Polokwane	R2 600
	Vhembe	6. Makhado	R26 000
	Vhembe	7. Thulamela	R13 000
	Vhembe	8. Collins Chabane	R26 000
3. Northern Cape	Frances Baard	9. Magareng	R6 440
	Frances Baard	10.Sol Plaatjie	R1 015
	Frances Baard	11.Phokwane	R6 456
	ZF Mgcawu	12.Kgatelopele	R1 838
	John Taolo	13.Gamagara	R7 000
4. North West	Dr Ruth Segomotsi Mompati	14.Lekwa Teemane	R4 570
	Dr Ruth Segomotsi Mompati	15.Naledi	R4 393
	Dr Ruth Segomotsi Mompati	16.Kagisano Molopo	R6 361
Grant Total	07	16	R157 139

(cc) in 2022/2023 financial year, an amount of R516 million was transferred from Municipal Disaster Response Grant to 17 municipalities affected by the April 2022 floods. The funds were meant to assist the organs of state with the emergency repair of the damaged infrastructure.

Province	District	Municipalities	Allocation R'000	Hazard
1. KZN	uMgungundlovu	1. Msunduzi	R620	April 2022 floods
	uMgungundlovu	2. Mkhambathini	R8 200
	iLembe	3. iLembe	R19 500
	uThukela	4. Inkosi Langalibalele	R48 950
	uGu	5. uGu	R2 000
	uThukela	6. Alfred Duma	R14 354
	iLembe	7.  Kwa-Dukuza	R109 103
	uGu	8.  Ray Nkonyeni	R19 100
	Metro	9.e-Thekwini	R185 000
2. EC	OR Tambo	10.Port St John	R13 300
	OR Tambo	11.Ingquza Hill	R4 130
	OR Tambo	12.Nyandeni	R2 693
	Alfred Nzo	13.Umzimbuvu	R10 500
	OR Tambo	14.Ntabankulu	R5 111
	Amathole	15.Mbashe	R14 415
	Alfred Nzo	16.Winnie Mandela	R12 790
	OR Tambo	17. OR Tambo	R46 872
Total	08	17	R516 748

R3.3 billion from Municipal Disaster Recovery Grant to support 16 municipalities affected by the 2022 floods in three provinces. The funds were allocated to municipalities to reconstruct and rehabilitate the damaged infrastructure.

Province	District	Municipality	2022/2023 R&R allocation R'000	Hazard
1. EC	Alfred Nzo	1. Winnie Mandela	R33 806	2022 Floods
2. KZN	Metro	2.    eThekwini Metro	R1 534 785
	King Cetshwayo	3.    uMhlathuze City	R34 966
	King Cetshwayo	4.    King Cetshwayo DM	R4 500
	uThukela	5. Inkosi Langalibalele	R76 950
	uThukela	6.    Alfred Duma LM	R22 000
	iLembe	7.    iLembe DM	R14 549
	iLembe	8.    KwaDukuza LM	R1 271 098
	uMgungundlovu	9.    uMgungundlovu DM	R10 100
	iLembe	10. Mandeni LM	R17 023
3. WC	Overberg	11. Theewaterskloof	R1 194
	Overberg	12. Swellendam LM	R3 553
	Cape Winelands	13. Breede Valley	R10 310
	Garden Route	14. Oudtshoorn	R26 664
	Garden Route	15. George	R237 498
03	08	15	R3 318 742

(ii) Seven provincial department of agriculture and 60 municipalities received disaster grants funding.

(d) Grants applicants are supported through assessment conducted as and when incidents occur, classification and declaration of the state of disasters. Affected organs of state then submit application for disaster grants through the municipal and provincial Disaster Management Centres. At the provincial and municipal levels the project steering committees are established to monitor the implementation of funded projects.

End.

Reply:

The NDMC in collaboration with the SA Weather Service prepares a summer seasonal weather outlook that provides a future prediction of possible severe weather conditions, this encompasses a hazard prediction for flooding, areas of above average temperature, windstorms, drought, and fire. These hazard outlooks are in recognition of the predicted weather conditions for the summer period.

The NDMC uses this forecast to prepare summer contingency plans per province so that short term planning can take place for the season ahead. These are prepared in advance of the season and tabled in the quarterly National Disaster Management Advisory Forum (NDMAF) meetings with provinces. Provinces are also able to report in these NDMAF meetings on areas in which they will require intervention from the NDMC. Provinces also work together in the summer rainfall areas to dela with cross border hazard conditions such as fire, flooding, and drought mitigation.

The NDMAF also features a segment in which Early Warning matters are tabled. Within this discussion, the South African Weather Service presents the seasonal outlook for the South West Indian Ocean, prepared by the World Meteorological Organisation (WMO) designated Regional Specialised Met Centre (RSMC) based in La Reunion Island (France). RSMC La Reunion have the responsibility for monitoring and tracking tropical cyclones in the SW Indian Ocean basin and are the de facto tropical cyclone monitoring agency in the region. The outlook for the 2023-2024 summer season is for a below-normal risk of tropical cyclones in the SW Indian Ocean. Utilising daily guidance from RSMC La Reunion the NDMC, together with the SA Weather Service can track Tropical Cyclone in the Indian ocean channel 3-5 Days in advance on it making landfall.

The NDMC early Warnings Directorate has a technology application that tracks the path, frequency, and possible impact of Tropical Cyclones. In this way, the NDMC can ensure that it monitors and reports on the possible impact and track of all tropical cyclones approaching South Africa via the Indian Ocean.

End.

Reply:

The Department of Cooperative Governance and Traditional Affairs did allow the Eskom debt to increase. We have been making clarion call to everyone to pay Eskom.

The Financial Recovery Plan (FRPs) in municipalities are implemented and monitored by the National Treasury.

It is recommended that this question be redirected to the Ministry of Finance for the National Treasury to respond accordingly.

End.

Reply:

1. The Municipal Regulations on Minimum Competency Levels, 2007 (Government Gazette No. 29967 of 15 June 2007) were promulgated in terms of section 168 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003). The Regulations are administered by the National Treasury, and therefore any details pertaining to progress in achieving the specified goals should be obtained directly from the National Treasury.

2. The following progress has been made since the adoption of the new system of local government in 2000 to build an ethical, professional and capable local public administration responsive to the needs of communities:

a) Regulations on appointment and conditions of employment of senior managers

These regulations contribute to the professionalisation of local public administration by setting out uniform procedures for appointment of municipal managers and managers directly accountable to municipal managers (senior managers), including the appointment criteria (i.e. competency requirements, higher education qualifications and experience) necessary to enable incumbents to perform the duties associated with the relevant posts.

b) Municipal Performance Regulations for Municipal Managers and Managers Directly accountable to Municipal Managers

The objectives of these regulations are to provide a framework that ensures that municipalities are performance orientated and responsive to community needs; foster a culture of commitment to serving the public; and a collective sense of responsibility for performance in terms of standards and targets in order to maximise the ability of municipalities as a whole to achieve their objectives and improve the quality of life of their residents.

c) Disciplinary Regulations for senior managers

These regulations prescribe, amongst others, uniform procedures for reporting incidents of breach of the Code of Conduct for Municipal Staff; investigation of allegations of misconduct; appointment of presiding officers; roles and responsibilities of different stakeholders; and sanctions.

d) Municipal Staff Regulations

These regulations were promulgated on 20 September 2021 with the implementation date of 1 July 2022. The regulations incorporate minimum competency requirements for staff below management echelons which forms the basis for sector-wide skills audit and development programmes while ensuring that all municipal staff members participate in the performance management system in order to maximise the ability of municipalities to achieve their objectives and improve the quality of life of their residents. The skills audit exercise will provide a useful baseline information on skills profiles, workplace skills plans and sector skills plans.

e) Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022)

The Municipal Systems Amendment Act provides legal certainty with regards to the Minister’ regulatory powers, including -

• Provision for the appointment of municipal managers and managers directly accountable to municipal managers;
• Provision for procedures and competency criteria for such appointments, including consequences of appointments made otherwise than in accordance with such procedures and criteria;
• Provision procedures for performance evaluation;
• Limiting the political rights of all municipal managers and managers directly accountable to municipal managers from holding political office in a political party;
• Regulating the re-employment of municipal staff members who have been dismissed for misconduct;
• Prohibits the bloating of municipal administration;
• Provision for mandating procedures to be adhered to by organised local government before it embarks on wage negotiations in the bargaining council designated for municipalities; and
• Empowering the Minister to investigate maladministration, fraud, corruption or any other serious malpractice in municipalities, if the MEC fails to conduct such investigations.

End.

Reply:

The Department of Cooperative Governance (DCOG) did not undertake to assist the Mbombela Local Municipality (MLM) in delivering the service of building a community hall for Ward 25 in Hazyview, Mpumalanga.

The identification, prioritisation and budgeting of projects, like a community hall among others, is the responsibility of a municipality in accordance with the integrated development planning process. DCOG’s role is to provide support, together with the rest of the provincial and national governments, as stipulated under section 154 of the Constitution.

DCOG also administers the Municipal Infrastructure Grant (MIG) that is annually allocated to municipalities through the Division of Revenue Act (DORA) for the provisioning of basic services to poor households. Furthermore, DCOG provides technical support by deploying built environment professionals to municipalities for infrastructure development through the Municipal Infrastructure Support Agent (MISA) in accordance with section 154 of the Constitution, mentioned above.

It is brought to the attention of the Honourable Member of Parliament, that MLM prioritised the construction of building a community hall in Ward 25 in Hazyview through the MIG funding. The construction project of the community hall commenced on 26 March 2018 and was completed on 12 March 2021 as per completion certificate attached hereto as Annexure.

End

Reply:

a) Various lessons have been learnt from the coordination of disaster response measures and engagements of stakeholders. The key lessons are as follows:

• Review and strengthening of the disaster management function placement, capacity and capability across spheres and sectors; Mainstream Disaster Management in all organs of state; Improvement of intergovernmental collaboration and coordination through integrated disaster management plans and contingency arrangements; Identification of risks early through multi-hazard community-based risk assessments; Improvement of the Early Warning Systems to activate local early action initiatives;
• Implementation of a centralized information management system; Educate communities to increase resilience and decrease vulnerability; development & increase of the use of risk transfer mechanisms and development of the disaster risk financing strategy for the country.

b) The recent budget adjustment allocation for the National Disaster Management Centre will be utilised for the reconstruction and rehabilitation of municipal infrastructure damaged by the floods in Mpumalanga, KwaZulu-Natal, Limpopo and the Eastern Cape provinces. The funded municipal infrastructure are mostly roads and water related infrastructure.

End.

Reply:

1. There are no memorandums of understanding or service level agreements in place between the Department of Cooperative Governance – NDMC and private rescue centres.
2. No, there is no memorandum of understanding between International Search and Rescue Advisory Group (INSARAG) and the department.

End.

Reply:

1. The relevant sections of the Municipal Property Rates Act (MPRA) contain sufficient provisions that guides how the MECs responsible for local government establish Valuation Appeal Boards (VABs) and what constitute a quorum for a VAB. In this regard, sections 56 and 58 outline how VABs are established and composed, section 64 provides for appointment of alternate members of a VAB and section 68 outlines what constitute a quorum of the members of a VAB.

a) According to information supplied by the provincial CoGTA and Ekurhuleni municipality, the Ekurhuleni VAB is currently composed of 4 members and 4 alternate members.

b) In terms of section 68 of the MPRA,

“(1)(a) A majority of the members of an appeal board serving at any time constitutes a quorum for a meeting of the board.

(b) In addition to a quorum being present, a meeting may not continue unless the valuer member of the appeal board is present.”

2. According to Ekurhuleni municipality:

(a) 3023 hearings have been concluded; and

(b) 2755 hearings are still to be conducted.

3) According to Ekurhuleni municipality, during the 2017/2021 valuation roll period:

(a) 687 appeals were concluded where the rateable value decreased; and

(b) 117 appeals were concluded where the rateable value increased.

4. According to Ekurhuleni municipality, during the current 2021/2025 valuation roll period and to date:

(a) 2293 appeals have been concluded where the rateable value decreased; and

(b) 462 appeals have been concluded where the rateable value increased.

End.

Reply:

1. No, National and Provincial Treasuries are responsible for monitoring municipal budgets.
2. No, the Department of Water and Sanitation is responsible for accounting and monitoring of water losses.

End.

Reply:

a) Currently, a total of thirty-two (32) municipalities (Annexure A) are still under administration across the country. Of the 32 municipalities under administration, 3 are under intervention in terms of Sec 139(7) of the Constitution (i.e. National Cabinet intervention).

b) Detailed reports have been presented before the various committees of the National Assembly and the NCOP on the progress to date in these municipalities.

The progress varies across municipalities and across provinces. Good progress continues to be registered in municipalities such as Lekwa and Govan Mbeki in Mpumalanga, Mangaung in the Free State, Makana in the Eastern Cape, Msunduzi and Mpofana in KwaZulu/Natal, Emfuleni in Gauteng and Phokwane in the Northen Cape.

However, municipalities such as Ditsobotla in the North-West, Renosterberg in the Northern Cape are still operating under precarious circumstances. We are intensifying our support in these municipalities to ensure that they return to normality.

End.

ANNEXURE A

Total Number per Province	Names of Municipalities	Type of intervention	Date Instituted	Status
Eastern Cape: 3	Enoch Mgijima LM	S139(7) of the Constitution (National Cabinet intervention)	April 2022	Ongoing
	Amathole LM	S139(5) of the Constitution	Jan 2021	Ongoing
	Makana LM	S139(5) of the Constitution	2019	Ongoing
Free State: 3	Mangaung Metro	S139(7) of the Constitution (National Cabinet intervention)	April 2022	Ongoing
	Mafube LM	S139(5)(a)&(c) of the Constitution	June 2022	Ongoing
	Tokologo LM	S139(5)(a)&(c) of the Constitution	June 2022	Ongoing
Gauteng: 3	Emfuleni LM	S139(5) of the Constitution	June 2018	Ongoing
	West Rand DM	S139(5) of the Constitution	Feb 2019	Ongoing
	Merafong LM	S139(5) of the Constitution	Sept 2022	Ongoing
KwaZulu Natal: 07	Umzinyathi DM	S139(1)(b) of the Constitution	Oct 2016	Ongoing
	Mpofana LM	S139(1)(b) of the Constitution	Dec 2017	Ongoing
	Inkosi Langalibalele LM	S139(1)(b) of the Constitution	Dec 2017	Ongoing
	Mtubatuba LM	S139(1)(b) of the Constitution	March 2019	Ongoing
	Msunduzi LM	S139(1)(b) of the Constitution	April 2019	Ongoing
	Uthukela DM	S139(1)(b) of the Constitution	Aug 2018	Ongoing
	Umkhanyakude DM	S139(1)(b) of the Constitution	Jan 2021	Ongoing
Mpumalanga: 5	Emalahleni LM	S139(5) of the Constitution	Oct 2018	Ongoing
	Govan Mbeki LM	S139(5) of the Constitution	Oct 2018	Ongoing
	Msukaligwa LM	S139(5) of the Constitution	Oct 2018	Ongoing
	Thaba Chweu LM	S139(5) of the Constitution	Oct 2018	Ongoing
	Lekwa LM	S139(7) of the Constitution (National Cabinet intervention)	April 2021	Ongoing
Northern Cape: 2	Phokwane LM	S139(5) of the Constitution	July 2020	Ongoing
	Renosterberg LM	S139(5) of the Constitution	Aug 2020	Ongoing
North-West (8)	Madibeng LM	S139(5) of the Constitution	Jan 2022	Ongoing
	Tswaing LM	S139(5) of the Constitution	Jan 2022	Ongoing
	Dr Ruth Segomotsi Mompati DM	S139(5) of the Constitution	Jan 2022	Ongoing
	Kgetleng Rivier LM	S139(5) of the Constitution	Jan 2022	Ongoing
	Mahikeng LM	S139(5) of the Constitution	Jan 2022	Ongoing
	Ramotshere LM	S139(5) of the Constitution	Jan 2022	Ongoing
	Naledi LM	S139(5) of the Constitution	Jan 2022	Ongoing
	Kagisano-Molopo LM	S139(1)(b) of the Constitution	Sept 2022	Ongoing
Western Cape:1	Beaufort West LM	S139(5)(a) of the Constitution	Aug 2021	Ongoing
Total	32

Reply:

In terms of Section 21(1) of the Division of revenue Act (DoRA), despite a provision to the contrary in the Public Finance Management Act or the Municipal Finance Management Act, any conditional allocation, or a portion thereof, that is not spent at the end of a financial year reverts to the National Revenue Fund, unless the roll-over of the allocation is approved in terms of subsection (2) which states that, the National Treasury may, at the request of a transferring officer, receiving officer or provincial treasury, approve a roll-over of a conditional allocation if the unspent funds are committed to identifiable projects.

For the 2022/23 financial year, an amount of R87,3 billion was allocated for the Local Government Equitable Share (LGES) grant to all 257 municipalities. A total of R83,9 billion was transferred to the municipalities, leaving a balance of R3,4 billion at the end of the financial year. The R3,4 billion was not withheld to municipalities, but was rather offset against unspent conditional grants of municipalities that failed to surrender their unspent allocations to the National Revenue Fund. The offsetting of the R3,4 billion was as per the National Treasury directive.

End.

Reply:

The failure in the implementation of the Post Audit Action Plan (PAAP) is mainly related to asset management as it is a qualification area.  The asset management was previously outsourced and was taken over during the latter part of the last financial year due to poor performance of the service provider. All the Asset Management activities in the PAAP were assigned to the service provider.  These activities have now been taken over and refined in the current PAAP and are being implemented by the department and there is progress reported in the implementation of the current PAAP.

Furthermore, the department has significantly reduced the qualification items in the audit report and is only left with one item (asset management) which is putting every effort and resources to address. We have established teams to deal with assets on site. We have brought in capacity from other units to support the Asset Management Unit. We are confident that this matter will be completely resolved before the end March 2024.

End.

 

Reply:

1. No, the the Southern African Development Community (SADC) Disaster Management Protocol has not been signed. It is necessary that the the Minister of Cooperative Governance and Traditional Affairs first need to confirms that the Southern African Development Community (SADC) Disaster Management Protocol does adhere to legal requirements and aligns with the principles of the Constitution of the Republic of South Africa before she can sign the Protocol.

2. The Minister of Cooperative Governance and Traditional Affairs engaged the office of the State Law Advisor within the Department of Justice and Constitutional Development (DoJCD) for the Legal Opinion on whether the Republic meets the protocol standards in all aspects of disaster and to further determine whether the Convention complies with the domestic laws of the Republic of South Africa. This office thoroughly examined the Disaster Management Protocol in accordance with paragraph 5.20 (a) of the Manual on the Executive Acts of the President of the Republic of South Africa, in conjunction with Chapter 5 of the Constitutional Handbook for Members of the Executive (the "Constitutional Handbook".

The relevant details are that as it stands, the Republic of South Africa, represented by either the Minister of Cooperative Governance and Traditional Affairs or the President, cannot sign the SADC Disaster Management Protocol in its current form. Consequently, the SADC Disaster Management Protocol must be presented to Parliament, accompanied by comments from the DoJCD, to inform them of issues that prevent the Republic from proceeding with the signing process. In this context, the Minister of Cooperative Governance and Traditional Affairs will seek to inform Parliament, gather input, and obtain Parliamentary approval before proceeding with the signing the Protocol. Signing the Protocol without first securing Parliamentary approval would constitute a violation of section 231(2) of the Constitution of the Republic of South Africa, 1996 (“Constitution”). This is because, in its current form, the agreement becomes binding upon signature.

End.

Reply:

Yes we noted AGSA report. The DCoG through NDMC has already activated a team comprised of the following stakeholders namely: Eastern Cape (EC) Provincial Disaster Management Centre, EC Department of Human Settlement, EC Department of Social Development to expedite the assistance to victims of disasters. Reference can be made to the situation of Cwebeni Village floods victims. The task team include the district and local municipalities. In this case the provincial EC Department of Social Development is finalizing profiling the families, through the task team the Department of Social Development reported to continue to offer immediate relief to the affected families. The process will be finalized by the end of November 2023. Information obtained will be shared with Department of Human Settlement implementation of ‘Emergency Housing Scheme’.

The NDMC in consultation with the Provincial Disaster Management Centre coordinates the stakeholder engagement weekly meetings since the 15 November 2023.

End.

Reply:

No, the department is not responsible for keeping information and/or records regarding municipal water and electricity losses.

The monitoring of water losses is done by Department of Water and Sanitation working with Municipalities. The monitoring of electricity losses is done by National Energy Regulator of South Africa (NERSA).

End

Reply:

a) Government invested in capacity building programs to enhance the skills and capabilities of local government officials and Councillors. This includes training programs, workshops, and knowledge-sharing platforms to improve governance practices, financial management, service delivery, and community engagement. Municipal Public Accounts Committees were trained to exercise oversight over the executive functionaries of council and ensure good governance in municipalities.

b) Through the MIG, municipalities have been able to extend service coverage to underserved areas, especially in rural and informal settlements. This includes the provision of basic services like water supply, sanitation, electricity, and access to community facilities, which were previously lacking or inadequate.

c) The MIG has supported the upgrading and rehabilitation of existing infrastructure, ensuring that it is well-maintained and meets quality standards. This has resulted in improved reliability and efficiency of service delivery, reducing disruptions and enhancing the overall experience for residents.

d) Cogta implemented changes in the MIG/IUDG Framework to allow municipalities to use a portion of their MIG/IUDG allocation to buy specialised waste management vehicles servicing the poor. Some municipalities have used this opportunity and the 2022 Census data released by the Stats SA in October 2023 indicates a nominal increase to 66% (63% in 2011) in the collection of waste by municipalities.

e) In the same period 2020/2021 the Department revised the MIG/IUDG Framework to allow municipalities to use up 5% of their MIG/IUDG allocation develop Infrastructure Asset Management Plans. MISA was tasked specifically to support municipalities in this regard.

f) Municipalities with non-compliance pre-directives or directives are allowed to use up to 10% of their MIG/IUDG allocation for urgent repairs and maintenance in respect of water and sanitation. This provision has been carried over from Covid-19 special provisions.

g) Cogta has also set up the Results Management Office (RMO) to house experts in various fields (DDM, CWP, Infrastructure, Finance, Energy and Governance) to provide an additional layer of support, particularly in dysfunctional municipalities

h) The strengthening of the Municipal Infrastructure Support Agent (MISA) has been ongoing. MISA has been designated by the Minister to champion the development of Infrastructure Asset Management Plans, the Schedule 6b, the deployment of more experts, trainee artisans as well as supporting the implementation of the CWP programme (particularly the municipal services aspects).

End.

 

Reply:

a) The Green Drop measures to be implemented, through the Municipal Infrastructure Grant (MIG), to improve sanitation in municipalities with poor ratings include the following:

1. The implementation of MIG funded sanitation capital projects to upgrade, repair or refurbish sanitation systems to restore functionality.
2. The utilization by municipalities of the 5%, a further 5 % as well as 10% of the MIG funding for the Project Management Unit (PMU), activities related to Asset Management Plans and Repairs and Refurbishments respectively that are provided for in the MIG Framework.
3. The implementation of the MIG Schedule 6B by identifying and implementing projects that address non-compliance notices and directives issued by both the Department of Public Works (DWS) and Department of Forestry, Fisheries and the Environment (DFFE).
4. Following the approval by Cabinet in August 2023 of the Action Plan prepared by DWS, the Department of Cooperative Governance (DCOG), the Municipal Infrastructure Support Agent (MISA) to address the Green Drop Report findings in municipalities, among others, DCOG and DWS will reprioritize further portions of the Water Services Infrastructure Grant (WSIG) and the MIG funding over the Medium-Term Expenditure Framework (MTEF) to address the infrastructure interventions required.

b) All the Water Services Authorities that receive the MIG funding will be supported using the MIG funding to either improve on the poor results or maintain the good results in the Green Drop Report of 2022. Metropolitan Municipalities do not receive the MIG.

End.

Reply:

Yes, the department has measures in place to assess disaster management plans in their entirety, and this process include the assessment of preparedness measures of municipalities to handle natural disasters.

a) The assessment measures (tools) include the guideline on the “Development and structure of a disaster management plan” that the NDMC developed and published in 2017 (Annexure A). Within this guideline, there is a “Disaster Management Plan Checklist” that is followed during assessments to verify if all aspects of a disaster management plan are addressed in the plan. These measures are uniform and standard measures used when disaster management plans of respective municipalities are assessed. There are no individual or specified measures for each municipality in the Republic, other than the once referred to.

b) Number of assessments determined in the APP Annual Targets are undertaken/conducted on a quarterly basis. These include continuous engagements with municipalities whose disaster management plans / preparedness measures are assessed to address gaps identified during the assessments.

c) The last assessments were undertaken during quarter 2, July – September 2023.

d) There is no expenditure incurred as the assessments are undertaken inhouse by the NDMC officials.

End.

Reply:

1. No. Preparedness measures are funded by organs of state from their own resources. The NDMC provide support and guidance to organs of state on preparedness measures. (a) Not applicable. (b) Not applicable

2. The actual work that has been done or being done in 2023 to ensure that municipalities are able to handle natural disasters include amongst others the following:

• Since the beginning of 2023, 8 district municipalities in priority disaster areas have been assessed on the implementation of their disaster management plans and strategies to prevent, prepare for and mitigate disaster risks in terms of the Disaster Management Act. By the end of 2023, a total of 12 district municipalities in priority disaster areas would have been assessed on the implementation of their disaster management plans and strategies to prevent, prepare for and mitigate disaster risks in terms of the Disaster Management Act.
• From an NDMC’s early warning perspective, support to local municipalities includes the preparation of quarterly seasonal outlooks (issued at the quarterly National Advisory Forum) that provide a forwarding looking prediction of hazards combined with future weather scenarios. This enables short- and medium-term planning to take place at local level. The issuing of monthly drought monitoring updates to provide 6,12 and 36 monthly drought spatial maps allows municipalities to manage the drought hazard with their local geographies.
• Support to organs of state on the development of response procedures aligned to the South African Weather Service Impact Based Early Warning Table (Level 1-10) This support takes the form of a series of national workshops are being conducted by the NDMC to develop response procedure and decision-making procedures aligned to the 10 levels of the Impact Based Early warning systems for severe weather.
• Enhancement of collaborative efforts with the South African Weather Service to incorporate other new products and data to improve the disaster management function. This enhancement takes the form of a renewed MoU with the SA Weather service that brings a series of new data and services to understand climate change indicators, better mapping of past incidents of severe weather and improving predictability of hazards based on historical analysis.
• The continuation of disseminating impact based early warnings weather warning and advisories that informs decision making, response activations and preparedness by local disaster management structure and relevant by stakeholders including communities.

End.

Reply:

According to the records of the department: Myself, the Deputy Ministers and any employee of the department did not attend Rugby World Cup in France in 2023, in official capacity.

Nothing prohibited officials to attend Rugby World final in France as it would have been done in their own expenses.

End.

 

Reply:

The information requested by honourable member is monitored in the national monitoring system as well as the national information system provided for by the National Water Act, 1998 (Act No. 36 of 1998) and the Water Services Act, 1997 (Act No. 108 of 1997) respectively. DWS is responsible for these national systems as mandated by both pieces of legislation highlighted in the background above.

It is therefore recommended that the honourable member redirect the question to Ministry of Water and Sanitation for the DWS to respond accordingly.

End.

Reply:

(a) How is work done at the sites that are still without the tools of trade,

• Although procurement has not yet taken place, most sites still have tools of trade as well as Personal Protective Equipment (PPE) procured in 2022/2023 Financial Year.
• Participants assigned to do useful work at social facilities or public institution like schools, clinics, etc. use tools of trade from those institution they work in.
• Municipalities, government departments as well as the offices of traditional leaders or community tribal offices also help providing tools when CWP useful work is done in their centres.
• Some donations have also been received e.g. in Makhado where a donation of lashers was received.
• Participants sometimes use their own tools especially if the useful work is meant to benefit them e.g. home gardens etc.

(b) Who should be responsible for the lack of tools of trade at such sites.

• The Department takes full responsibility for lack of tools of trade as well as PPEs at site level and the situation will be addressed as soon as the appointment of Implementing Agents is finalised latest by the 1 December 2023.

(c) What are the relevant details of the expenditure of the budget allocated for tools of trade.

• There is no expenditure incurred yet. 
• The budget for tools and materials is R450.00 per participant and R450 for PPE per participant per year.

End.

Reply:

No. The incident was not brought to the attention of the Department of Cooperative Governance and Traditional Affairs – NDMC. Furthermore, no funding request was submitted by the Rustenburg Local Municipality (the municipality) through the Provincial Disaster Management Centre in North West province (PDMC). According to the information provided by the PDMC, the bridge that was damaged by the floods was constructed by the Anglo Platinum Mine.

1. Not applicable,
2. Not applicable
3. According to the province, the Municipality continues to monitor the water catchment as part of disaster risk reduction measure, particularly clearing culverts as and when necessary.

End.

Reply:

No, the Department of Cooperative Governance and Traditional Affairs did not incur any costs in relation to the hosting of the (a) BRICS Summit from 22 to 24 August 2023 and (b) BRICS Parliamentary Forum from 27 to 28 September 2023.

The BRICS Summit was coordinated by the DIRCO, it is recommended that this question be re-directed to relevant Ministry to respond accordingly.

End.

Reply:

The Department, through the State of Local Government Report, identified the following key contributors to instability and lack of service delivery in local government:

1. Instability in Councils (coalitions and changes in Council) and poor oversight (ineffective, incapacity and dysfunctional committees of Council).
2. Weak administration (vacancies at senior management, incompetence, lack of technical capability, ineffective organograms and shortage of tools of trade).
3. Inability to perform on conditional grants (poor planning, slow/ineffective SCM processes, Business forums, poor performing contractors, and sub-contractors, under expenditure and no value-for-money).
4. Poor and lack of repairs and maintenance of infrastructure (cash management challenges, poor budgeting, poor planning for repairs and maintenance).
5. Poor collection and management of revenue (low revenue base, ineffective revenue generation and enforcement controls).

Steps to address the problems:

The Ministerial outreach was conducted in 8 of the 9 provinces to drive the:

• 1. Implementation of Municipal Support intervention plans focusing on 6 pillars with corresponding solutions to the identified challenges.
  2. Implementation of Schedule 6b of DORA, cost re-imbursement and other measures on MIG expenditure.
  3. Supported Section 139 interventions in distressed municipalities.
  4. The Department also collaborate with sector Departments, SALGA and provinces to build capacity in municipalities to conduct their own affairs.
  5. The Department is also considering the deployment of a team of experts to support municipalities to plan and implement service delivery initiatives.

End.