Questions and Replies

Reply:

The Customary Initiation Act was promulgated as the main intervention to attain zero deaths from customary initiation. The Act outlines the different role players and their responsibilities. At a provincial level, the Act provides that the Provincial Initiation Coordinating Committees (PICCs) and relevant Provincial Departments are the legal authority at provincial level for customary initiation practices. They are both charged with the responsibility of ensuring that all relevant provincial role players implement and comply with the Act. We believe that full compliance with and implementation of the health and safety standards provided for in the Act by all customary initiation provincial role players can prevent the initiation casualties.

Therefore, the Department’s strategy includes:

Strengthening the Functionality of the Provincial Initiation Coordinating Committees and Coordinating their resourcing:

According to the Customary Initiation Act, the PICCs are the statutory structures to address all customary initiation-related issues in their respective Provinces. Their functionality will therefore contribute immensely to zero customary initiation deaths. Part of the Department’s strategy is therefore to legally strengthen the functionality of the PICCs by drafting the Customary Initiation Regulations. Furthermore, the Department will facilitate the provision of resources to the PICCs by relevant provincial Departments.

PICCs Workshops on their statutory roles and those of other provincial role players:

Convene workshops for the Eastern Cape PICC and all the other PICCs together with the relevant Provincial Departments in order to capacitate them on the provisions of the Act in respect of their statutory roles and those of traditional leaders, principals of customary initiation schools, traditional surgeons, caregivers, parents, customary and legal guardians and potential initiates. These workshops will ensure that all provincial role players, as well as parents and potential initiates will adhere to the health and safety standards provided for in the Act.

Conduct Customary Initiation Act Awareness Campaigns in Hotspot Districts/Areas

Since customary initiation is a family matter, the Department has in the previous and current financial years conducted two awareness campaigns in the Eastern Cape OR Tambo District since it was a Hotspot District. Part of the strategy will include continuing with the awareness campaigns in hotspot Districts/Areas working together with the National Initiation Oversight Committee (NIOC), relevant PICCs, Provincial Departments and Municipalities targeting parents, caregivers, legal and customary guardians and potential initiates (learners in the Department of Basic Education schools) to encourage compliance with the Act.

Furthermore, the awareness campaigns will target other role players, namely customary initiation principals, traditional surgeons and traditional leaders for them to also comply with the health and safety standards provided for in the Act and all the other provisions of the Act.

Joint Operations of law enforcement agencies with PICCs in Hotspot Districts during each initiation season

The Department has started and will continue engagements with the South African Police Service to work with the PICCs to increase the arrests for the customary initiation offences as a deterrent for those who contravene the Act. I am advised that the Department has requested the SAPS to issue a NATJOINT directive to the PROVJOINTS so that initiation crimes are attended to as part of the PROVJOINTS agenda. I am advised that the directive has already been issued.

Facilitation of collaboration between the PICCs and traditional leadership

In terms of the Act, traditional leaders must screen principals, traditional surgeons and caregivers of initiation school and submit a report thereof to the PICCs to use for registration of customary initiation schools using the criteria developed by the National House of Traditional and Khoi-San Leaders. Traditional leaders are also required by the Act to conduct inspections/visits to customary initiation schools in their areas of jurisdiction. Therefore, the Department’s strategy also includes mobilising Houses of Traditional and Khoi-San leaders to ensure that all traditional leaders perform these statutory roles, promote compliance with the Act by role players and support the PICCs in promoting safe initiation practices within their areas of jurisdiction.

End.

Reply:

(1) The Mpumalanga Provincial CoGTA and Treasury have collaborated to support the Victor Khanye Local Municipality to service their Rand Water Utility debt. The municipality agreed to the development and conclusion of a payment plan with Rand Water Utility, however, the municipality failed to honour the payment plan due to lack of budget. As a result, the province and Treasury continue to support the municipality to develop a credible revenue management strategy with view to improve revenue collection so that they service the Rand Water debt.

(2) The following are reasons that that municipality is unable to service the water debt: The collection rate of the municipality is at 60% which is below the acceptable standards. The municipality is also facing challenges of ageing infrastructure which contributes to high water losses. In the 2023/24 financial year, the municipality recorded water losses of 58% compared to 60% in the 2022/23 audited financial year. Therefore, the low collection rate of billed revenue is a major contributor to the municipality’s inability to service the Rand Water debt. The Department through MISA has assisted the municipality to source funding through the Budget Facility for Infrastructure (BFI) grant funding from National Treasury to the value of R1.6 billion to address the ageing infrastructure and alleviate water and sanitation problems within the municipality.

End.

Reply:

1. (a) Municipalities that received disclaimer audit opinions in the 2022-23 financial year are:

PROVINCE	MUNICIPALITY	NUMBER OF YEARS DISCLAIMED
Eastern Cape	Makana	5
	Amathole	2
	Sundays River Valley	5
Northern Cape	Joe Morolong	8
	Kheis	6
Free State	Nketoana	5
	Masilonyana	6
	Maluti-a-Phofung	2
North West	Maquasi Hills	6
	Lekwa Teemane	2
	Ratlou	5
	Mamusa	8
Gauteng	Merafong	2

(b) Municipalities that received disclaimer audit opinions in the 2021-22 financial year are:

PROVINCE	MUNICIPALITY	NUMBER OF YEARS DISCLAIMED
Eastern Cape	Makana	4
	Sundays River Valley	4
	Amathole	1
KwaZulu Natal	Umkhanyakude	1
Northern Cape	Joe Morolong	7
	Kheis	5
	Kgatelopele	2
	Renosterberg	5
Free State	Nketoana	4
	Tokologo	3
	Masilonyana	5
	Maluti-a-Phofung	1
North West	Maquasi Hills	5
	Lekwa Teemane	1
	Ratlou	4
	Mamusa	7
	Madibeng	7
	Kgetleng	5
	Naledi	5
Gauteng	Merafong	1
Limpopo	Mopani	2
Mpumalanga	Lekwa	4
Western Cape	Kannaland	1

(2) (a) No municipal managers in the affected municipalities were paid performance bonuses in the 2021/22 and 2022/23 financial years; and

(b) No directors in the affected municipalities were paid performance bonuses in the 2021/22 and 2022/23 financial years.

According to Regulation 32 of the Local Government Municipal Performance Regulations for municipal managers and managers directly accountable to municipal managers (“Senior Managers”), a person that obtains a score below 130% is not eligible to be awarded a performance bonus.

The position in each case is as follows

The performance evaluation outcome/s of the Senior Managers in Maluti-a-Phofung, Masilonyana, Mohokare, Nketoana and Tokologo Local Municipalities during the financial years under review was recommended at a score of between 100% and 129%, translating to a “Fully Effective” performance outcome, which is below 130%.

The performance evaluation outcome/s of the Senior Managers in !Kheis, Joe Morolong, Kgatelopele and Renosterberg Local Municipalities during the financial years under review was recommended at a score of between 100% and 129%, translating to a “Fully Effective” performance outcome, which is below 130%.

All the Senior Managers’ positions in Ditsobotla Local Municipality were vacant during the financial years under review.

The performance evaluation outcome/s of the Senior Managers in Kgetlengrivier, Lekwa Teemane, Madibeng, Mamusa, Maquassi Hills, Naledi and Ratlou Local Municipalities during the financial years under review was recommended at a score of between 100% and 129%, translating to a “Fully Effective” performance outcome, which is below 130%.

The performance evaluation outcome/s of the Senior Managers in Umkhanyakude District Municipalities, and Merafong, Kannaland and Lekwa Local Municipalities during the financial years under review was recommended at a score of between 100% and 129%, translating to a “Fully Effective” performance outcome, which is below 130%.

End.

Reply:

We have prioritised engagements with the South African Police Services (SAPS) to enlist their counsel and support in addressing this scourge of the killing of traditional leaders. At a technical level, these engagements have already taken place and they will be followed by Ministerial engagements once the technical ground-work has been mobilised. Already, we have been assured that the SAPS Task Team that was established to investigate political killings in Kwa-Zulu Natal has been assigned the task of investigating the killing of traditional leaders and councillors as well. It is envisaged that SAPS will in due course report on progress on these matters in line with their own schedule of providing updates to the public.

End.

Reply:

1. The Intergovernmental Relations Framework Act (IGRF), Act No. 13 of 2005 attempts to concretise the principles of co-operative governance in a general legislative framework applicable to all spheres and in all sectors of government. The IGRF Act provides for the establishment of the President’s Coordinating Council, Provincial and District Intergovernmental Forums.

(a)     Financial Recovery Plans have been developed for municipalities across all provinces where Section 139(5) and 139(7) of the Constitution were invoked e.g. Mangaung Metro (FS), Lekwa LM (MP), Enoch Mgijima LM (EC), Mafube LM (FS) amongst others. Compliance to the Intergovernmental Relations Framework Act (2005) is monitored through various intergovernmental technical support fora coordinated by National and Provincial Treasury to support and monitor implementation of Financial Recovery Plans by the municipalities to deal with key issues of Governance, Institutional development, Financial Management and Service delivery. The established political and technical IGR structures in provinces are also meeting regularly to consider and monitor progress in relation to interventions. E.g. In EC, the Technical Intervention Steering committees and Improving Local Government Work Group were established to provide support to affected municipalities and Provincial Technical IGR structures presents progress reports to the Political MuniMEC for consideration and approval.

(b)&(c) The State of Local Government Report for 2021/2022 identified 66 municipalities which are dysfunctional and/or distressed due to failures in governance, administration, financial management and service delivery. Progress on the implementation of Municipal Support and Intervention Plans (MSIPs) for the 66 dysfunctional municipalities are monitored by the President’s Coordinating Council and CoGTA MinMEC meetings. Provinces have undertaken different approaches to monitor and implement MSIPs through the establishment of IGR structures.  Examples of these structures are as follows: 

• Gauteng CoGTA developed the Local Government Support Framework anchored around Multi-Disciplinary Regional Support Teams (inclusive of Sector Departments) and implementation of Regional Support Plans.  Multi-disciplinary ‘expert/pillar’ teams have been established to provide specific technical support to regional teams based on support plans.
• In KwaZulu-Natal province, MSIPs are presented to MANCO and Provincial ExCo meetings. Monthly One on One engagements with all dysfunctional municipalities are being held to provide support and monitor implementation of the MSIPs.
• In Limpopo province, district quarterly performance assessments are conducted for dysfunctional municipalities and all other municipalities.
• In Mpumalanga province, a Provincial Monitoring Task Team for the Integrated Municipal Support Plan (MSIP) was established by the Province for oversight and support to municipalities.  Quarterly engagement sessions with the affected municipalities are conducted on quarterly basis to monitor progress on the implementation of MSIPs including progress on debt owed to Eskom and Waterboards. Such matters are also discussed at relevant provincial structures such as the MUNIMEC
• In Northern Cape province, senior managers were deployed per district to ensure functionality of IGR structures and to coordinate sector departments to deal with challenges facing municipalities.
• In Free State province, engagements are scheduled with individual municipalities to provide Section 154 support. In Eastern Cape province, the Improving Local Government Working Group(ILGWG) meets on a monthly basis and provides regular progress report on the supported municipalities to Cabinet Clusters, Technical IGR structure and Political MuniMEC.
• In Western Cape, a diagnostic assessment is undertaken by the province in collaboration with relevant stakeholders/sector for the concerned municipality. which provides the basis for a Section 154 Support Plan to be approved by Council for implementation.
• In the Northwest, the Covid Command Councils were converted to DDM/IGR structures. District Mayors chair the District IGR. At provincial level there is joint MuniMEC of MEC CoGTA and MEC Finance, all the reports are processed through the Premier’ Co-ordinating Council.

(d) The Debt Relief Programme is being implemented by National Treasury.  Ad hoc IGR engagements are convened by National Treasury with relevant municipalities and stakeholders that participate in the programme. This includes coordinating support and monitoring progress on payment of debt owed to Eskom and waterboards. Where disputes are declared, the MEC for COGTA in collaboration with the MEC for Finance coordinates such dispute resolutions in the provinces. Where matters are not resolved, the parties are permitted to escalate such matters in line with the provisions of the Intergovernmental Relations Framework Act. 

(2) No; the department does not have such evidence-based data and/or comparative analysis.

End.

Reply:

1. There are common trends across the financial years that contributed towards the underspending of disaster grants by municipalities. (a) Some of the key reasons advanced by municipalities in the underspending of Municipal Grants in the (i) 2019/20, (ii) 2020/21, (iii) 2021/22, (iv) 2022/23 and (v) 2023/24 financial years include the following:

• Municipalities not invoking the emergency procurement systems in line with the grant framework and in most cases following the normal procurement process,
• Irregular appointments of service providers leading to litigations and project stoppages.
• Capacity constraints especially in the rural municipalities that are unable to attract the requisite capacity. This often results in poor project planning and requests for revision of the scope of work leading to delays in the implementation of projects.
• Stoppages of implementation due to community protests and the construction mafia’s demanding 30 percentage of the total project value.
• Inclement weather that makes it difficult for the municipality to complete the projects on time.

Notable is that the under-expenditure has not been experienced within the Provincial Disaster Grant in the mentioned financial years. The Provincial Disaster Grant allocation was converted to augment the Municipal Disaster Grants as per the provision of the Division of Revenue Act. This was due to the scope and magnitude of the disaster impacts within the affected municipalities.

2. Yes, the grant performance including unspent funds by the grant recipients was regularly reported to the National Treasury and respective Provincial Treasuries by declaring the unspent portion of the conditional grant in the Annual Financial Statements (AFS) as required by the legislation. Based on the unspent funds, the organ of state submitted rollover requests to the National Treasury to receive the approval to continue with the implementation of the projects in the new financial year. Of importance is that the department motivates for the approval of rollover applications to the National Treasury in support of municipalities to ensure that the implementation of disaster interventions is completed. In case the rollover application for the organ of state was not approved by National Treasury, the portion of the unspent funds had to revert to the National Revenue Fund.

End

Reply:

 

Currently, there are a total of forty-one (41) municipalities placed under interventions in terms of the section 139 of the Constitution. Out of forty-one (41) municipalities currently placed section 139 of the Constitution, thirty (30) municipalities continued to implement mandatory interventions in terms of section 139(5) of the Constitution, whereas eight (8) municipalities are placed under section 139(1)(b) of the Constitution, two (2) under section 139(1)(a) of the Constitution and one (1) in terms of section 139(1)(c) of the Constitution, with Kwa-Zulu Natal province having the highest number of municipalities placed under section 139 of the Constitution.

No.	(a)(i) All municipalities in each province that are under any form of administration	(a)(ii) The nature of administration that each specified municipality is under	(b) How long has each municipality been under administration (date of current intervention)	(c) The total number of times that each municipality has been under each specified form of administration
1.	Enoch Mgijima LM (EC)	S139(7) of the Constitution (National intervention in the stead of the provincial executive in terms of section 139(5)(a) and (c)	April 2022	Two times: August 2018-April 2022: [S139(5)] April 2022 -to date [S139(7)]
2.	Amathole DM (EC)	S139(5)(a) of the Constitution	January 2021	Once: January 2021-to date: [S139(5)(a)]
3.	Makana LM (EC)	S139(5) of the Constitution	January 2019	Three times: 2014 -to 2015: [S139(1)(c)] 2015 -to 2016: [S139(1)(b)] 2019-to date: [S139(5)]
4.	OR Tambo District Municipality (EC)	S139(5) a) and (c) of the Constitution	08 December 2021	Once: December 2021-To date: [S139(5)(a)&(c)]
5.	Walter Sisulu LM (EC)	S139(5)(a) of the Constitution	23 February 2022	Two times: February 2018-December 2018: [S139(1)(b) and (5)] February 2022-to date: [S139(5)(a)]
6.	Chris Hani DM (EC)	139 (5) of the Constitution	Dec 2023	Once Dec 2023 to date: [S139(5)]
7.	Mangaung Metropolitan Municipality (FS)	S139(7) of the Constitution (National intervention in the stead of the provincial executive in terms of section 139(5)(a) and (c))	April 2022	Two times: December 2019-April 2022: [S139(5)] April-2022-to date: [S139(7)]
8.	Mafube LM (FS)	S139(5)(a) &(c) of the Constitution	June 2022	Two times: December 2017-March 2021: [S139(1)(b)] June 2022-to date: [S139(5)(a) &(c)]
9.	Tokologo LM (FS)	S139(5)(a) &(c) of the Constitution	June 2022	Once: June 2022-to date: [S139(5)(a) &(c)]
10.	Kopanong LM (FS)	S139(1)(b) read together with s63 of Water Service Act.	September 2023	Once: September 2023-to date: [S139 read with S63 of WSA]
11.	Emfuleni LM (GP)	S139(5)(a) of the Constitution	June 2018	Once: June 2018-to date [S139(1)(b)] was terminated, and the municipality continued with implementation of FRP in term [S139(5)]
12.	WestRand DM (GP)	S139(5) of the Constitution	February 2019	Once: February 2019-to date: [S139(5)]
13.	Merafong LM (GP)	S139(5)(a) of the Constitution	September 2022	Twice: August 1999- Intervention lapsed after 2000 elections: [S139(1)(b)] September 2022-to date: [S139(5)]
14.	Umzinyathi DM (KZN)	S139(1)(b) of the Constitution	October 2016	Three Times Dec 2007 – June 2009: [S139(1)(b)] April 2013- Dec 2013: [S139(1) read with S136(2) of MFMA] October 2016-to date: [S139(1)(b)]
15.	Mpofana LM (KZN)	S139(1)(b) of the Constitution	December 2017	Three Times: Sep 2014 – Nov 2014: [S 139(1)(c)] Nov 2014 –Mar 2015: [S139(1)(a)] December 2017-to date: [S139(1)(b)]
16.	Inkosi Langalibalele LM (KZN)	S139(1)(b) of the Constitution	December 2017	Once: December 2017-to date: [S139(1)(b)]
17.	Mtubatuba LM (KZN)	S139(1)(b) of the Constitution	March 2019	Four Times: Nov 2012 – Feb 2015: [S139(1)(b)] Feb 2015 – May 2015: [S139(1)(c)] May 2015 – August 2016: [S139(1)(a)] March 2019-to date: [S139(1)(b)]
18.	Msunduzi LM (KZN)	S139(1)(a) of the Constitution	April 2019	Three Times: May 2010 – May 2011: [S139(1)(b)] April 2019- 24 April 2024: [S139(1)(b)] 24 April 2024-to date (PEC terminated section 139(1)(b) of the Constitution on 24 April 2024 and issued a “Directive: in terms of 139(1)(a) of the Constitution.
19.	Uthukela DM (KZN)	Section 139(1)(b) of the Constitution	August 2018	Twice: May 2013 – Dec 2013: [S139(1) read with S136(2) of MFMA] August 2018-to date: [S139(1)(b)]
20.	Umkhanyakude DM (KZN)	S139(1)(b) of the Constitution	January 2021	Five Times: October 2015-November 2017: [S13(1)(b)] January 2021-to date: [S139(1)(b)]: during this 139(4) was invoked three times, January 2021, July 2021 and July 2022 this was due to failure to approve the budget by the Municipal Council)
21.	Umzumbe LM (KZN)	S139(1)(b) of the Constitution	April 2024	Once: April 2024-to date: [S139(1)(b)]
22.	Mhlathuze LM (KZN)	S139(1)(a) of the Constitution	April 2024	Once: April 2024-to date: [S139(1)(b)]
23.	Zululand DM (KZN)	S139(1)(b) of the Constitution	May 2024	Once: May 2024-to date: [S139(1)(b)]
24.	Thabazimbi LM (LP)	S139(1)(c) of the Constitution	September 2024	Twice: February 2016-October 2016: [S139(1)(b)] September 2024- to date: [S139(1)(c)]
25.	Emalahleni LM (MP)	S139(5) of the Constitution	October 2018	Three Times: May 1999 – lapsed after LG election of 2000: [S139(1)(b)] April 2013 – Dec 2015: [S139(1)(b)] October 2018-to date: [S139(5)]
26.	Govan Mbeki LM(MP)	S139(5) of the Constitution	October 2018	Once: October 2018-to date: [S139(5)]
27.	Msukaligwa LM (MP)	S139(5) of the Constitution	October 2018	Once: October 2018-to date: [S139(5)]
28.	Thaba Chweu LM (MP)	S139(5) (a) of the Constitution	October 2018	Three Times: Jan 2005 – Jul 2006: Dec 2010: [S139(1)(b)] October 2018-to date: [S139(5)]
29.	Lekwa LM (MP)	S139(7) of the Constitution (National intervention in the stead of the provincial executive in terms of section 139(5)(a) and (c))	April 2021	Three Times: October 2009- June 2011: [S139(1)(b)] October 2018-April 2021: [S139(5)] April 2021-to date: [S139(7)]
30.	Phokwane LM (NC)	S139(5) of the Constitution	July 2020	Three Times: April 2019 –March 2020: S[139(1)(b) & (5)] March 2020 – June 2020: [S139(1)(c)] July 2020-to date [S139 (5)]
31.	Renosterberg LM (NC)	S139(5) of the Constitution	August 2020	Once: August 2020-to date: [S139(5)]
32	Madibeng LM (NW)	S139(5) (a) and (c) of the Constitution	January 2022	Six Times: July 2010- May 2011: [S139(1)(b)] Feb 2014- March 2014: [S139(1)(b)] May 2015 – Aug 2016: [S139(1)(b)] May 2019-June 2020: [S139(1)(a)] August 2020-November 2021: [S139(1)(b)] January 2022-to date [S139(5)]
33.	Tswaing LM (NW)	S139(5) (a) and (c) of the Constitution	January 2022	Six Times: July 2010 – May 2011: [S139(1)(b)] May 2015 – August 2016: [S139(1)(b)] Jan 2016: [S139(1)(C)]-set aside by the Minister May 2019- May 2020: [S139(1)(b)] August 2020-September 2020(Terminated by High Court judgment on September 2020) January 2022-to date: [S139(5)]
34.	Dr Ruth Segomotsi Mompati DM (NW)	S139(5) (a) and (c) of the Constitution	January 2022	Three Times: July 2018: [S139(1)(b)] April 2021-November 2021: [S139(1)(b)] January 2022-to date: [S139(5)]
35.	Kgetleng Rivier LM	S139(5) (a) and (c) of the Constitution	January 2022	Once: January 2022-to date: [S139(5)]
36.	Ramotshere LM (NW)	S139(5) (a) and (c) of the Constitution	January 2022	Three Times: September 2018-August 2019: [S139(1)(a) & S139(1)(b) read with S137 of the MFMA] August-2020-November 2021: [S139(1)(b)] January 2022-to date: [S139(5)]
37.	Naledi LM (NW)	S139(5) (a) and (c) of the Constitution	January 2022	Three Times: May 2010 – July 2010: [S139(1)(c)] Sept 2018 – June 2020: [S139(1)(a) and S139(1)(b) read with S137 of the MFMA] January 2022-to date: [S139(5)]
38.	Ditsobotla LM (NW)	S139(5)(c)	April 2023	Eight Times: May 2008 – April 2009: [S139(1)(b)] April 2013 – November 2014: [S139(1)(b)] Jan 2016 [(dissolution of Municipal Council) set aside by the Minister] June 2016-June 2017: [S139(1)(b)] September 2018-August 2019: [S139(1)(a) and S139(1)(b) read with S137 of the MFMA] March 2021: [S139(1)(b)] September 2022: [S139(1)(c)] April 2023-to date: [S139(5)]
39	Matlosana LM (NW)	S139(5)(a) & (c) of the Constitution	August 2024	Three Time: April 2013-Dec 2014: S[139(1)(b)] January 2015-August 2016: [S139(1)(b)] August 2024-To date: [S139(5)]
40.	Beaufort West LM (WC)	S139(5)(a) of the Constitution	August 2021	Twice: October 2007- December 2007: [S139(1)(b)] August 2021-to date: [S139(5)]
41.	Kannaland LM (WC)	S139(5)(a) of the Constitution	December 2023	Twice: December 2016: [S139(5)] December 2023-to date: [S139(5)]

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ANNEXURE-6

End.

Reply:

1. The Department of Justice and Constitutional Development (DoJCD) is leading the implementation of the Traditional Courts Act. The focus of the Department is currently on the development of the Regulations which will support the implementation of the Act. The Department has developed the first set of draft regulations which are currently undergoing internal consultations before engaging with other stakeholders, including, the Department of Traditional Affairs (DTA), provincial COGTAs, as well as Houses of Traditional and Khoi-San leaders, among others. A task team comprising officials from the DoJCD and DTA has been established to collaborate on the development of an implementation plan. Further details on the implementation process may be obtained directly from the Ministry of Justice and Constitutional Development as the responsible authority for the administration of the Act..
2. The Department acknowledges that Traditional Courts are Courts of Law in terms of section 166 (e) of the Constitution of the Republic and their functionality is contemplated in schedule 6 (16)(1). The details are thus within the jurisdiction of the DoJCD as the responsible authority for the functionality of all courts including Traditional Courts.

End.

Reply:

a) There are 10 infrastructural conditional grants allocated directly to local government of which the Department of Cooperative Governance administers 4 of these conditional grants to the value of R60,9 billion over the 2024 MTEF, which is 39% of the total Infrastructural Conditional Grants over the 2024 MTEF. In terms of the MIG, 42 perennial underperformance municipalities have been identified out of the 217 MIG receiving municipalities. On average these municipalities are spending below 80% of their MIG allocations over the last three years. However, the below causes can be regarded as general to all direct infrastructural conditional grants to municipalities.

Causes for underspending on these direct conditional grants include:

1. Lack of proper internal capacity for timely planning to implement projects which leads to the late appointment of service providers.
2. Inappropriate and incomplete procurement processes leading to litigation between municipalities and bidders and ultimately delays in the appointment of service providers.
3. Poor performance by contractors to implement projects which creates delays in physical performance and expenditure.
4. The general poor state of some municipalities in areas of financial management and governance has an impact on the conditional grant’s performance, eg municipalities using conditional grants for operational expenses.

b) In light of the underlying principles of the DDM that require coordination and collaboration to deal with fragmentation in the conditional grant system, in March 2024 the Department revived the Municipal Infrastructure Task Team, with one of its core objectives being to coordinate and collaborate between stakeholders on various support interventions currently or to be operationalized.

The Department in collaboration with relevant stakeholders continues to implement the Framework on Municipal Support and Intervention Plans (MSIPs) which are the intergovernmental support plans to address the short- and medium-term challenges in the key local government performance areas that includes service delivery. MSIPs for municipalities have been developed for struggling municipalities and multi-disciplinary teams have been deployed to support these municipalities.

On ensuring that proper planning is applied, MISA is tasked with ensuring that all municipalities are referencing their conditional grant funded projects on existing infrastructure master plans so that they can be aligned to the needs of communities and be based on engineering principles.

MISA has an infrastructure procurement office that reaches out to municipalities to assist with any procurement challenges. Furthermore, MISA have recently partnered with National Treasury on the PINK programme (Public Infrastructure Procurement and Knowledge Management) that seeks to engage municipalities that are experiencing procurement challenges with an intention to support, train and hand-on support to municipalities through navigating procurement for infrastructure. The programme is active for Free State and Mpumalanga municipalities and will be rolled-out across the country.

MISA deploys technical experts in the field of Civil Engineering, Electrical Engineering and Town Planning to low-capacity municipalities to provide technical support.

In terms of the MIG conditions, municipalities are allowed to utilize up to 5% of their conditional Grant to augment the Project Management Capacity of the MIG allocations to support all schedule 5B direct grants to municipalities that includes the Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG).

 

End.

Reply:

a) Since 2014, the Minister annually determines the upper limits of remuneration for municipal managers and managers directly accountable to municipal mangers (Senior Managers) by Notice in the Government Gazette. Item 11 of the Notice provides for the payment of a remote allowance to remote municipalities to attract and retain persons with professional and technical skills. The Notice also provides a list of municipalities that are eligible to pay the remote allowance to the Senior Managers.

b) MISA is implementing technical skills development programmes that are aimed at building capacity in low-to-medium capacity municipalities. The programmes are customised for the current cohort of municipal officials as well as unemployed youth coming from poorly capacitated municipalities. Annually, over 500 municipal officials receive training and handholding support in various technical fields and subjects. Some municipal officials with work experience, but lacking formal education, are afforded the opportunity to acquire formal qualifications through the recognition of prior learning (RPL) programme for artisans and process controllers.

MISA deploys technical experts in the form of Civil Engineers, Electrical Engineers and Town and Regional Planners to support rural municipalities with infrastructure management. There are over 80 technical experts across all the nine provinces that are deployed to support needy municipalities.

Unemployed youth are enrolled in programmes such as the apprenticeship, experiential learnership and candidacy with the view to creating a skills pipeline in rural municipalities. These learners are placed in municipalities for work experience whilst pursuing their theoretical training. Annually, over 400 unemployed youth are enrolled in the MISA skills development programmes, with some of them awarded comprehensive bursaries towards completing technical qualifications that are relevant to the management of municipal infrastructure.

 

End.

Reply:

(a) The names of municipalities that owe the water boards as at July 2024, in terms of the Municipal Finance Management Act (MFMA) section 41 report published by National Treasury are as follows:

(i) Free State: Mangaung Metro; Matjhabeng, Nala, Kopanong, Mantsopa and Metsimaholo local municipalities.

(ii) Eastern Cape: Buffalo City Municipality, Amathole District Municipality, Ndlambe Local Municipality, Joe Gqabi District Municipality, OR Tambo District Municipality, Makana Local Municipality, Dr Beyers Naude Local Municipality, Koukama Local Municipality and Blue Crane Route Local Municipality.

(b) The MFMA section 71 report provides the amount breakdown (in Rands) per the following age profile:

Free State:

TOTAL BALANCE	CURRENT	DAYS 30	DAYS 60	DAYS 90	DAYS 120+	TOTAL LESS CURRENT
R9,071,068,520	220,623,825	247,379,257	166,762,655	243,746,508	8,182,363,549	8,850,444,695

Eastern Cape:

TOTAL BALANCE	CURRENT	DAYS 30	DAYS 60	DAYS 90	DAYS 120+	TOTAL LESS CURRENT
R405,284,764	73,664,679	16,099,711	16,490,756	3,031,301	295,998,316	331,602,084

End

Reply:

1. Following extensive engagements on the matter, the Ministry of Cooperative Governance and Traditional Affairs has taken a decision to halt the off-loading of 35 092 Community Work Programme (CWP) participants who are also beneficiaries of government’s old-age pension. This decision is subject to the finalisation and approval of the new CWP Policy, which we hope will be implemented from 01 April 2025. CWP Circular No 07 of 2024 to this effect was issued on 13 September 2024.
2. As indicated under response number (1).

End.

Reply:

To address the water challenges of the eThekwini Metro, the Department has been working in collaboration with the Department of Water and Sanitation, the Metro and uMngeni Water. To date, a war room was established under the leadership of the Minister of Water and Sanitation, to oversee the restoration of water supply and repairs to sewer infrastructure using the storm disaster grants that were provided to the city in 2 tranches. Progress is being made in restoring the 6-wastewater treatment works which were damaged during the floods of April 2022. The city is spending over R500 million to restore the Northern Works. A large part of pump stations and the sewer networks have been repaired. However, more remains to be repaired. Council further approved an allocation of R81 million for sewer network repairs and noted that the full allocation required for this is R312 million. The municipality is currently working on further reprioritization of the budget to complete remaining work.

A Presidential Working Group has been established to support the metro implement its turnaround strategy approved by council in April 2023. Presidential Working Group established 8 workstreams, and workstream 2 is focusing of Water and Sanitation chaired by the Director General of the Department of Water and Sanitation. Workstream 2 is currently working with the metro and closely monitoring progress with restoration of the water and sewer infrastructure. Furthermore, the Metro also appointed uMngeni-uThukela Water to operate and maintain 10 out of its 27 wastewater treatment works. These 10-treatment works constitute about 90% of the total sewage that the city handles. Good progress is being made in improving performance of these works.

End.

Reply:

a) A total of one-hundred and sixteen (116) municipalities submitted their Disaster Management Plans to the NDMC with the following outlook and without an indication of whether they are level 1, 2 or 3:

1. 69 disaster management plans have been received from local municipalities.
2. 40 disaster management plans have been received from district municipalities; and
3. 7 disaster management plans have been received from metropolitan municipalities.

b) One-hundred and thirty-six (136) Disaster Management plans have not been received from local municipalities, four (4) Disaster Management plans have not been received from district municipalities, and (one) 1 Disaster Management Plan has not been received from metropolitan municipalities.

c) Reasons the non-submission of disaster management plans are:

1. Municipalities do not have the institutional capacity and requisite expertise to facilitate development of disaster management plans for the respective municipalities. Disaster management units within municipalities have very thin human resources capacity to coordinate respective organs of state who are compelled by the Disaster Management Act 57 of 2002 as amended to develop disaster management plans with fit-for-purpose risk reduction measures.
2. Municipalities do not have financial resources to conduct scientific disaster risk assessments that are crucial for guiding disaster risk management planning and risk reduction efforts. To that effect, disaster management plans that are there are just documents that do not have any impactful measures to address the risks within the municipal spaces.
3. Lack of detailed risk profiles within municipalities affects planning for the entire disaster risk management (DRM) value chain, including failure to mainstream and incorporate disaster risk reduction and climate change adaptation strategies, preparedness planning, and awareness campaigns into municipal Integrated Development Plans (IDPs).
4. There are no clear roles and responsibilities and as a result, development of disaster management plans becomes nobody’s business.

2. (a) In line with the 2019/2024 MTSF, Priority 5 on Spatial Integration, Human Settlements and Local Government, the NDMC was allocated an Indicator focusing on the coordination of the development /review of number of district municipal disaster risk management plans to enhance climate protection. The NDMC had for this period, implemented an APP project, through which 40 disaster management plans were assessed. These plans were sourced from the 116 disaster management plans of municipalities submitted to the NDMC. Following the assessment, a report detailing areas requiring improvement is documented and shared with the respective municipalities who are the custodians of these disaster management plans. Disaster management plans are assessed to enhance the capacity of municipalities to implement their Disaster Risk Reduction (DRR) strategies for climate protection.

In 2023/24 and 2024/25, the APP Indicator focused on “Number of municipalities in priority disaster areas implementing a disaster management strategy to prevent, prepare for and mitigate disaster risks in terms of the Disaster Management Act”.  Through this process, the Disaster Management Implementation Monitoring Tool developed by the NDMC, was utilized to engage 21 district municipalities to evaluate the extend at which they have developed and implemented DRR strategies within their geographic spaces. These constant engagements assist with awareness raising amongst municipalities, on the need to develop, enhance, review and update their disaster management plans that should also encompass disaster risk reduction (DRR) strategies to prevent, prepare and mitigate disaster risks for climate protection.

The NDMC has on 26 September 2024, launched the established National Technical Task Team on Disaster Risk Management Planning that aims to convene government experts on a quarterly basis to address Disaster Risk Management (DRM) multi-agency coordination needs in terms of the Disaster Management Act and other related legislative frameworks. The functionality of the Technical Task Team will be focused on the following three areas:

1. Mainstreaming DRR through development and implementation of a disaster management plan.
2. Development and implementation of hazard specific contingency plans.
3. Coordination of sub-committees that will focus on specific and emerging DRR issues.

(b) The National Disaster Management Framework of 2005 (NDMF) foresees that within two years of the commencement of the Disaster Management Act, all national, provincial and municipal organs of sate will have submitted to the NDMC, at a minimum Leve 1 Disaster Risk Management Plans.

1. Within three years of the commencement of the Act, all national, provincial and municipal organs of sate will have submitted to the NDMC, at a minimum Leve 2 Disaster Risk Management Plans, and
2. Within four years of the commencement of the Act, all national, provincial and municipal organs of sate will have submitted to the NDMC, Leve 3 Disaster Risk Management Plans.
3. The NDMF further indicates that national, provincial and municipal national Disaster Risk Management Plans should be revised at least two-yearly, however due to the varying capacity within organs of sate especially municipalities, it is hoped that these gaps and capacity challenges will be resolved through the overhaul of the disaster management system that the NDMC, as per Cabinet instruction, is currently embarking on.

End.

Reply:

10 (a) Presidential DDM izimbizo is an outreach program, which was initiated in 2022 and led by the Honourable President. These izimbizo are centred around the principles and objectives of the DDM and therefore to measure government’s responses to community expectations and challenges. The Presidency is therefore the custodian of the izimbizo and provide strategic guidance in consultation with the Premier’s Offices, which includes the determination of the scheduling of izimbizo. National COGTA is tasked to coordinate the planning of pre-imbizo activities and the actual imbizo that is in line with the strategic framework provided by the Presidency and within its overall DDM implementation coordination responsibilities.

(b)(i) The April 2024 integrated quarterly monitoring and tracking report produced by COGTA supported by the Presidency and the DPME and coordinated by the Offices of the Premier, indicated that for the izimbizo held during 2022 about 15 broad categories of issues were raised and tracked ranging from matters relating to job creation and unemployment; health services; water and sanitation; road infrastructure; crime; and energy. For the izimbizo held in 2023 about 12 broad categories of issues were raised and tracked which were similar to those emanating from the 2022 izimbizo. The integrated quarterly izimbizo outcomes tracking matrix and report tracks the implementation progress of all issues and commitments made during each imbizo, which includes service delivery matters and challenges.

(b)(ii) The integrated quarterly izimbizo outcomes monitoring and tracking reports, which indicates that progress in addressing and responding to key service delivery matters are being made in all the provinces where izimbizo have been held. The consolidated report of April 2024 indicated the categories and geographical areas where progress relating to matters raised have not started or are either under progress or have been completed.

2. A key outcome of the Izimbizo is the development of outcomes and commitments action plans. These action plans are tracked by COGTA together with the Presidency, the DPME, and respective Offices of the Premier through an integrated quarterly izimbizo outcomes tracking matrix. Provincial Director Generals report on progress on these action plans quarterly at the quarterly national Governance, State Capacity and Institutional Development Cluster (GSCID). The Director-General for the Gauteng province reported at the most recently held GSCID cluster meeting in July 2024, which was also in preparation for the imbizo held in Ekurhuleni in August 2024. The same Director General had reported to the GSCID in March 2024 on the previous Gauteng Imbizo. At the next GSCID cluster meeting the Director Generals for Mpumalanga and Northern Cape Provinces are expected to report on progress of the imbizo held in March and May 2024, in their respective provinces.

3. The integrated quarterly Izimbizo outcomes monitoring and tracking reports include progress reports and updates relating to Executive commitments. As already indicated the monitoring is led by the Office of the Premier, DPME and Cogta. The reports on commitments are reported quarterly through the GSCID Cluster.

End.

Reply:

a) The names of municipalities in the North West that owe the water boards as at July 2024, in terms of the Municipal Finance Management Act (MFMA) section 41 report published by the National Treasury are as follows:

Rustenburg Local Municipality, Moses Kotane Local Municipality, Moretele Local Municipality, Maquassi Hills Local Municipality, Ditsobotla Local Municipality, Mahikeng Local Municipality, Ngaka Modiri Molema District Municipality and Madibeng Local Municipality.

b) The MFMA section 71 report provides the amount breakdown (in Rands) per the following age profile:

TOTAL BALANCE	CURRENT	DAYS 30	DAYS 60	DAYS 90	DAYS 120+	TOTAL LESS CURRENT
R2,194,919,859	140,901,674	178,615,679	101,249,336	82,011,518	1,692,158,404	2,069,365,241

End

Reply:

(i) The names of staff employed in Minister’s office, (b) qualifications and (c) Skills of each individual appointed:

Name	Qualifications	Skills
1. Mr PM Manqele (Chief of Staff – Salary Level 14)	Grade 12 Bachelor of Arts in Development Studies Post Graduate Degree in Development Studies	Strategic management and administration Oversight of effective, efficient and economical functioning of finance, governance, service delivery, social and economic services Municipal Programme and Project Management Policy, Systems and Framework development for planning, community participation, and implementation of Integrated Development Plans Development and management of Performance Management System Municipal Financial Management – Revenue Management and Expenditure Control Management of Supply Chain Management systems, internal and external audit systems Staff management, supervision, development, accountability management and performance monitoring.

Name	Qualifications	Skills
2. Mr L Mkhwanazi (Parliamentary Officer – Salary Level 13)	Grade 12 Bachelor of Arts Degree Bachelor of Arts Honors Degree Bachelor of Law Degree Bachelor of Theology	Development of municipal policies and by-laws Providing legal advice to Council and Committees Stakeholder Relations Committee governance and secretariat services Budget management and monitoring Research and data analysis Report writing Training course development and facilitation Staff management including planning, organising, coordinating and controlling outputs.
3. Ms N Ntuli (Assistant Appointment and Administrative Secretary – Salary Level 9)	Grade 12 National Diploma: Journalism Advanced Diploma: Business Management	Office management Coordination, facilitation and provision of administrative and political support Management of staff Liaison between administration and the Office of the Mayor Management of correspondence Preparation, management and control of the budget Management of social media accounts and the website Communication both verbal and written through press releases, newsletters, speeches, and other notes and memoranda Facilitation awareness campaigns and special mayoral programmes Providing secretarial support to Committees and Sub-Committees Providing administrative and logistical support
4. Ms T Tetwayo (Receptionist – Salary Level 5)	Grade 12 Bachelor of Public Administration Degree Bachelor of Public Administration Honors Degree	General file and records management - opening and closing of files, filing, storing, ordering, numbering, and document classification, tracing and retrieval of files and documents Supply Chain Management Administration - Processing of requisitions, ensuring compliance and completeness of SCM forms Drafting of SCM documentation – purchase orders, invoice checklists and others. Asset verification services – maintenance of asset register, conducting of verifications Committee secretariat services – minute taking, meeting bookings General office administration – safekeeping of documents, receipt and dissemination of information, incident reporting, booking managements Attending to Client Enquiries - responding to, and referral of email, phone and personal enquiries of the office
5. Ms N Hlabisa (Household Aide Salary Level 3)	Grade 12	General Cleaning Services - offices, parking areas and maintenance of kitchen
6. Ms L Qwabe (Household Aide Salary Level 3)	Grade 12	Cashier services General Worker services

(ii) The names of staff employed in the Deputy Minister’s office, (b) qualifications and (c) Skills of each individual appointed:

Name	Qualifications	Skills
1. Ms P Mamogobo (Private and Appointment Secretary – Salary Level 12)	Grade 12 National Diploma: Information Technology	General Office management Administration and coordination of activities in the Office Management of meeting arrangements Management of logistical arrangements of travel, events appearances, community participation and committee sittings Budget monitoring and effective financial management Project Administration Support – schedule project meetings, minute taking, management of project documentation. Managing the distribution of documents Liaison with external and internal role players Rendering executive council support services Management of vendors – contract management services Report writing Staff supervision – task allocation, training, resource allocation, performance monitoring

Name	Qualifications	Skills
2. Mr TG Chepape (Parliamentary and Cabinet Officer – Salary Level 11)	Grade 12 Secondary Teachers Diploma Bachelor of Education Honors Degree Post Graduate Diploma in Management	Facilitation and chairing portfolio committee on Public Administration Implementation of policies Ensuring resolutions are implemented Liaison Services with various stakeholders Study group participation Facilitation of Workshops
3. Mr KE Rakosa (Community Outreach Officer – Salary Level 11)	Grade 12 National Diploma: Public Management Advanced Diploma: Management	Stakeholder Coordination - Planning and coordination of events, engagements and meetings Strategic planning and implementation Project planning and organising Development and Implementation of social cohesion programmes General Financial management – Collecting, interpreting, reviewing of financial information Budget management - producing expenditure reports, management of budgets, guiding of financial decisions Governance and compliance management Development of document management systems Report Writing Policy and process development
4. Ms MH Mminele (Receptionist – Salary Level 5)	Grade 12	General Office Administration Document typing and minute taking Facilitation of logistical arrangements Meeting management Secretarial services and diary management Welcoming services – attending to visitors and client enquiries General logistics management – making necessary travel and accommodation bookings General record management – document filing, storage and dissemination

aa) total number of appointees who met the minimum requirements: - Ten employees met the minimum requirements

(bb) processes followed to ensure compliance with the standards and regulations since 3 July 2024:

1. All the requirements stipulated in DPSA Circular 47 of 2024 on appointment of staff in Offices of the Executive Authorities were complied with.
2. The following pre-screening and compulsory testing were complied with: (i) successful completion and attainment of the Compulsory Pre-SMS Entry Certificate (Nyukela Certificate) for all Senior Management Service members, (ii) Pre-screening with primary focus on verification of qualifications through the South African Qualifications Authority (SAQA), (iii) Criminal records, citizenship and credit records checks through Lexis Nexis, (iv) Compulsory Competency Assessment for all Senior Management Service members through the DPSA’s Service Providers.

(2) Whether he has requested any deviations from the standard appointment procedures; if not, what is the position in this regard; if so, what:

(a) were the reasons for such deviations, and: Not Applicable. No deviation was requested for appointment of staff in the Office of Executive Authorities.

(b) measures are in place to prevent the appointment of unqualified and inexperienced individuals to critical roles within his department? The Department adheres to the DPSA’s Directives and Circulars on the appointment of staff. The department has a recruitment policy in place to ensure that only suitable candidates are appointed. All recruitment processes are documented and audited to ensure full compliance and promote professionalisation within the Department.

1. relevant details on the (a) names, (b) qualifications and (c) skills of each individual appointed to (ii) Deputy Minister Prince: Zolile Burns-Ncamashe, MP.

 

1(a)		1(b)	1(c)
NAME	JOB TITLE	QUALIFICATION	SKILLS
Mr Mnoneli Ranuga	Head of Office	LLB Degree	Management Traditional Leadership Office management
Ms Nikiwe Magqabi	Private & Appointment Secretary	BTech: Public Management	Office Administration/ Management Administration Planning Computer literate
Ms Kanyile Guqaza	Parliamentary & Cabinet Support	ND: Human Resource Management	Office Administration Problem solving Computer literate
Ms Robin Chuene	Community Outreach Officer	BCom: Economics	Office Administration Traditional leadership Stakeholder/Customer Relations
Ms Nontsikelelo Lujiza-Haya	Receptionist	ND: Tourism Management	Office Administration Customer service Computer literate
Ms Yandiswa Vutuza	Household Aide	Senior Certificate	No skills/experience required
Ms Babalwa Sijama	Household Aide	Senior Certificate	No skills/experience required

(aa) The seven (7) appointed candidates met the minimum requirement for appointment;

(bb) The following process was used to ensure compliance with standards and regulations:

• Qualifications, Minimum number of years of experience (where applicable), Verification of qualifications, Reference checks; and Pre-employment screening.

2(a) Advice was sought from the MPSA for appointment of the Head of Office to determine if the candidate meets the minimum requirement for appointment at SMS level.

(b) The following measures are in place to prevent the appointment of unqualified and inexperienced individuals to critical roles within his department:

• Verification of qualifications, Reference checks, Confirmation of number of years of experience, Pre-employment screening.

End.

Reply:

Yes, Department Cooperative Governance and Traditional Affairs is aware of the water charge dispute between the ratepayers/residents and eThekwini Metropolitan Municipality. According to information received from the municipality, this relates to the six kilolitres free basic water which was incorrectly applied to consumers whose properties were above the threshold amount of R250 000. The technical error was because of changes in property market values and the Municipality had to back charge those ratepayers who did not qualify for the six kilolitres of free basic water.

End.

Reply:

Yes. All the provinces have conducted disaster risk assessments.

End.

Reply:

1. Following extensive engagements on the matter, the Ministry of Cooperative Governance and Traditional Affairs has taken a decision to halt the off-loading of 35 092 Community Work Programme (CWP) participants who are also beneficiaries of government’s old-age pension. This decision is subject to the finalisation and approval of the new CWP Policy, which we hope will be implemented from 01 April 2025. CWP Circular No 07 of 2024 to this effect was issued on 13 September 2024.
2. As indicated under response number (1).

 

End.

Reply:

(a) Total number of waiver approval above the applicable category (i) 11 Municipal Managers; (ii) 20 Managers directly accountable to the municipal managers.

(b) A financial health assessment is conducted to review the application of each municipality. Waiver approval is subject to availability of budget.

(c) Circular No. 15 provide guidelines for dealing with applications for waivers on the upper limits of total remuneration packages payable to municipal managers and managers directly accountable to municipal managers as determined by the Minister.

End.

Reply:

1. The Municipal and Provincial Disaster grants' main aim is to augment available resources within the organs of state affected by disasters. These Grants are conditional and can only be accessed through an allocation to municipalities and provincial organs of state following the classification of the occurrence of a disaster by the NDMC to repair, reconstruct and rehabilitate critical infrastructure that has been damaged as well as to support the organs of state to provide essential services to affected communities. The grants are only allocated to organs of state when disasters have been classified and the Disaster Management Act, 2002 (Act No 57 of 2002), Section 56 (2 a and b) states that when a disaster occurs the following principles apply, which provide for the use of funds in emergency situations:

1. The legislation highlights that the National, provincial and local organs of state may financially contribute to the cost of repairing or replacing public sector infrastructure.
2. The affected organs of state should prove beyond reasonable doubt whether the disaster could have been avoided or minimized had prevention and mitigation measures been put in place.
3. The disaster grants are only transferred on the basis that disasters have taken place and organs of state need to reprioritize the available resources to address the effects of the disasters in line with Section 19(6) of the Division of Revenue Act. To date, R175 million has been released to municipalities affected by the disasters.

2. Yes. The release of the disaster funds by the Department to any organ of state is subject to the National Treasury’s approval and the allocation to organs of state is Gazetted as per the Division of Revenue Act processes. The department submits monthly expenditure reports to the National Treasury highlighting the expenditure by receiving organs of state and highlighting the overall expenditure per grant. Through this process the National Treasury can monitor the performance of the department against the overall grant allocation. Secondly, the Department submits the audited annual financial statements to the National Treasury in line with the Public Financial Management Act and any expenditure and under expenditure will be reflected in the Annual Financial Statements of the Department.

End.

Reply:

1. The Intergovernmental Relations Framework Act (IGRF), Act No. 13 of 2005 attempts to concretise the principles of co-operative governance in a general legislative framework applicable to all spheres and in all sectors of government. The IGRF Act provides for the establishment of the President’s Coordinating Council, Provincial and District Intergovernmental Forums.

(a) Financial Recovery Plans have been developed for municipalities across all provinces where Section 139(5) and 139(7) of the Constitution were invoked e.g. Mangaung Metro (FS), Lekwa LM (MP), Enoch Mgijima LM (EC), Mafube LM (FS) amongst others. Compliance to the Intergovernmental Relations Framework Act (2005) is monitored through various intergovernmental technical support fora coordinated by National and Provincial Treasury to support and monitor implementation of Financial Recovery Plans by the municipalities to deal with key issues of Governance, Institutional development, Financial Management and Service delivery. The established political and technical IGR structures in provinces are also meeting regularly to consider and monitor progress in relation to interventions. E.g. In EC, the Technical Intervention Steering committees and Improving Local Government Work Group were established to provide support to affected municipalities and Provincial Technical IGR structures presents progress reports to the Political MuniMEC for consideration and approval.

(b)&(c) The State of Local Government Report for 2021/2022 identified 66 municipalities which are dysfunctional and/or distressed due to failures in governance, administration, financial management and service delivery. Progress on the implementation of Municipal Support and Intervention Plans (MSIPs) for the 66 dysfunctional municipalities are monitored by the President’s Coordinating Council and CoGTA MinMEC meetings. Provinces have undertaken different approaches to monitor and implement MSIPs through the establishment of IGR structures. Examples of these structures are as follows:

• Gauteng CoGTA developed the Local Government Support Framework anchored around Multi-Disciplinary Regional Support Teams (inclusive of Sector Departments) and implementation of Regional Support Plans. Multi-disciplinary ‘expert/pillar’ teams have been established to provide specific technical support to regional teams based on support plans.
• In KwaZulu-Natal province, MSIPs are presented to MANCO and Provincial ExCo meetings. Monthly One on One engagements with all dysfunctional municipalities are being held to provide support and monitor implementation of the MSIPs.
• In Limpopo province, district quarterly performance assessments are conducted for dysfunctional municipalities and all other municipalities.
• In Mpumalanga province, a Provincial Monitoring Task Team for the Integrated Municipal Support Plan (MSIP) was established by the Province for oversight and support to municipalities. Quarterly engagement sessions with the affected municipalities are conducted on quarterly basis to monitor progress on the implementation of MSIPs including progress on debt owed to Eskom and Waterboards. Such matters are also discussed at relevant provincial structures such as the MUNIMEC .
• In Northern Cape province, senior managers were deployed per district to ensure functionality of IGR structures and to coordinate sector departments to deal with challenges facing municipalities.
• In Free State province, engagements are scheduled with individual municipalities to provide Section 154 support. In Eastern Cape province, the Improving Local Government Working Group(ILGWG) meets on a monthly basis and provides regular progress report on the supported municipalities to Cabinet Clusters, Technical IGR structure and Political MuniMEC.
• In Western Cape, a diagnostic assessment is undertaken by the province in collaboration with relevant stakeholders/sector for the concerned municipality. which provides the basis for a Section 154 Support Plan to be approved by Council for implementation.
• In the Northwest, the Covid Command Councils were converted to DDM/IGR structures. District Mayors chair the District IGR. At provincial level there is joint MuniMEC of MEC CoGTA and MEC Finance, all the reports are processed through the Premier’ Co-ordinating Council.

(d) The Debt Relief Programme is being implemented by National Treasury. Ad hoc IGR engagements are convened by National Treasury with relevant municipalities and stakeholders that participate in the programme. This includes coordinating support and monitoring progress on payment of debt owed to Eskom and waterboards. Where disputes are declared, the MEC for COGTA in collaboration with the MEC for Finance coordinates such dispute resolutions in the provinces. Where matters are not resolved, the parties are permitted to escalate such matters in line with the provisions of the Intergovernmental Relations Framework Act.

(2) No; the department does not have such evidence-based date and/or comparative analysis.

End.

Reply:

1. Yes.

Municipalities will be assessed and supported on the key pillars which cover areas flagged by Auditor – General of South Africa (AGSA) which are governance, financial health, institutional matters and service delivery. The Post-Audit Action Plans in selected municipalities will be assessed for adequacy and evaluated to the extent that proposed actions address issues raised by AGSA and root causes.

Further on, to address the above-mentioned shortcomings and the poor municipal performance, the Department is in the process of developing a Municipal Performance Turnaround Plan (MPTP) as per the Cabinet resolution of 21 August 2024 - the plan must be in place within 21 days.

An Inter-Ministerial Committee has also been established to oversee the various activities towards the implementation of the MPTP, which will focus on the short, medium and long term strategies.

NO.	PHASE	MILESTONE/S	DESCRIPTION/ ACTIVITY
	Short-term	Sept - Dec 2024	Focus on assessing the state of the municipality, including identification of deficiencies, gaps, challenges and ascertaining type of support and intervention required in the municipality.
	Medium-term	Jan – June 2025	Focus on the actual implementation of remedial measures to address deficiencies identified in the “as-is” assessment reports.
	Long-term	July 2025 - Jun 2026	Focus on monitoring and evaluation of impact of the Turnaround Plan.

(b) I will be having an engagement with the Heads of the 3 law enforcement agencies (SIU, DPCI, and NPA) to discuss ways of enhancing the fight against corruption and related offences at municipalities with the focus on ensuring that there is accountablity and consequece management.

The Department in collaboration with the Special Investigating Unit (SIU) established the Local Government Anti-Corruption Forum (LGACF) which is vital for purposes of fostering collaboration amongst the various stakeholders at local government to effectively fight corruption and co-ordinate efforts amongst provinces and law enforcement agencies. On a quarterly basis, provinces and law enforcement agencies provides progress on municipal investigations and the preventative initiatives through the LGACF. The Chairperson of the LGACF is the Head of the SIU.

As part of institutionalising the Code for Ethical Leadership in Local Government, I will be co-signing a Circular along with the President of SALGA to all municipalities in the country requesting them to adopt the Code at Council and put measures in place to ensure institutionalisation thereof. The Code focuses on what needs to be done in order to have well governened, efficient, effective and ethical leadership in local government.

End.

Reply:

Yes. The Department is part of the Municipal Finance Management Act (MFMA) coordinators forum whereby various stakeholders engage to address municipal audit outcomes, support programmes, and Unauthorised, Irregular, Fruitless and Wasteful (UIF&W) expenditure, amongst others. Ad hoc provincial meetings/forums to address issues of financial management and audit comes are also convened.

As part of remedial actions to enforce a culture of accountability in municipalities with persistent adverse audit outcomes, the Department has resolved not consider any request for the waiver of the salaries of municipal management or upgrading of the municipalities, concurrence on the increase of councillors’ allowances in the case of municipalities with unfunded budgets; negative Audit Outcomes (i.e. Disclaimers and Adverse); and not submitted Annual Financial Statements to the Auditor General.

End.

Reply:

a) MISA is implementing various capacity building programmes which ranges from the technical trainings that are offered to municipal officials and deployment of apprentices, artisans, young graduates, and experiential learners to municipalities. This compliments the interventions and hand-holding capacity building programmes that are provided by our technical personnel in a form of civil engineers, electrical engineers and town planners deployed across the country to provide technical support and enhance capacity building of municipalities.

Summary of Capacity Building programmes below:

PROGRAMME	Financial Year
	2021/22	2022/23	2023/24	2024/25 (current status)
Apprenticeship	100	100	97	63
Bursary offered to university students	100	100
Experiential Learnership	39	70	41	29
Training of municipal officials	519	510	524	228
Young Graduate programme	143	150	150	114

 

Type of technical trainings that MISA is offering for municipal officials (not limited):

Financial Year	Type of training
2024/25	Enhancing the Municipal Electrical Revenue Value Chain
	Understanding the Technical Implications of Developing and Operating a Landfill
	Getting Acquainted with Estimating, Costing and Pricing of Construction Tenders
	Getting Acquainted with Management and rehabilitation design of urban road pavement
	Township Establishment: How to Formulate Compliant Conditions of Establishment
	Pressure Management and Pressure Reducing Valves
	Getting Acquainted with General Conditions of Contract 4th Edition (GCC 2024)
	Understanding the six work stages in the Project Life Cycle
	Getting Acquainted with Wastewater treatment Plant Operation and Maintenance
	Introduction to GIS in Local Government

b) (I) 

MISA focus is to ensure that the annual disbursed Municipal Infrastructure Grant (MIG) with a current annual allocation of R17bn is spent by municipalities towards increasing household access to basic services (water, roads, solid waste and sanitation).

MISA provides technical assistance at project planning, preparation, administering project implementation and refurbishment to improve performance throughout the MIG Project life cycle in the identified MIG receiving municipalities. MISA’s technical assistance entails, amongst other things visiting project sites in selected municipalities for verification of work done prior to reimbursement and disbursement of MIG funds to generate quarterly progress reports to this effect.

(ii)

MISA has procured design software packages to assist municipalities with design function and reduce reliance to consultants for provision of services. The design office was piloted at OR Tambo District Municipality wherein some projects (8 projects) were designed using MISA software packages and municipal personnel are trained in the process to build internal capacity of municipalities (2 municipal officials from King Sabata Dalindyebo LM were professionally registered with ECSA in the process, even though they have since left the institution after their registration). The overall intention is to ensure that MISA is at the prime of providing consulting services to municipalities whilst also building their internal capacity.

MISA is also utilizing the provisions of the design office to review technical reports that are submitted by municipalities for funding applications particularly for MIG. Indemnity liability insurance is being procured to ensure MISA technical personnel are indemnified against any liability of the work they conduct, and this will position MISA to be able to conduct the work that is normally done by consultants in municipalities.

End.

Reply:

The implementation of measures to improve the disaster resilience and response capabilities of municipalities varies between municipalities and is influenced by their disaster risk profile and capacities. The matters listed below provides general measures that have been identified for improvement:

1. The enforcement of existing municipal by-laws and other relevant legislation can improve disaster resilience. These will ensure that communities do not for instance reside below flood-lines, occupy buildings that are not habitable, make fires in areas not conducive for burning and cooking etc. That increase vulnerability.
2. Improving / performing maintenance of infrastructure will improve disaster resilience.
3. Increasing partnerships with the private sector can catalyse building resilience and reducing vulnerability in at risk communities
4. Obtaining / expanding insurance cover for infrastructure can transfer risk and reduce the erosion of development gains. It also ensures that the cost of disasters is managed in a more holistic and sustainable manner.
5. Increase investment in the institutional capacity of municipal disaster management centres in terms of centre infrastructure, staffing, access to IT and DM software amongst others.
6. Increase the allocated operational and capital budgets of DMCs and focus the allocation on DRR projects.
7. Delegate financial and administrative powers and functions delegations DMCs so that bottlenecks in the approval of trips, procurement etc is eliminated Improve on the appointments of District Disaster Management Centre Heads of Centres in accordance with the Municipal systems Act 32 of 2000, and they must be given financial and administrative delegations and other delegation of powers needed to perform the disaster management function. Delegate financial and administrative powers and functions to Heads of DMCs so that bottlenecks in the approval of trips, procurement etc. is eliminated.
8. Improve the establishment and functioning of disaster management advisory forums in municipalities and ensure good attendance and representation of all relevant stakeholders and traditional leadership, where applicable.
9. Improve on the development, updating and implementation of disaster management plans and contingency plans.
10. Improve on the methodology to conduct risk assessments as risks are seemingly changing due to climate change and urbanisation. This will better inform risk reduction measures and contingency arrangement implementation.
11. Improve annual reporting through the tabling of annual reports to oversight structures as they highlight the activities of the applicable DMC as well as the challenges that were experienced in that financial year. This enables oversight and opportunity for programme improvement.
12. Improve on the provision of advocacy and awareness in at risk communities through the implementation of education, training, and public awareness plans developed and implemented within communities to instil a culture of risk avoidance.
13. Expand the communication of Early Warning Messages to reach the entire community to enable them to become more resilient through taking early action.
14. Expand the workshops and SOPs developed for local conditions according to the 10 warning levels in the Impact Based Warning System. The workshops must concentrate on the sourcing local response strategies and coordinating mechanisms for warning levels.

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Reply:

The Department has not been informed about the approved budget of R800 million for township economy to develop small, micro and medium enterprises and the projects funded from the specified money.

The Department will however engage the Gauteng Provincial Government to understand how this project is going to be implemented.

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Reply:

1. It is embedded in the District Development Model for all relevant sectors including non-governmental organisations and public-private partnerships to participate in matters of development and service delivery across the country. It is against this background, that several private sector companies continue to partner with municipalities and government for the implementation of water related projects amongst others. The following are examples of partnerships that the Department has concluded: a) Just Energy Transition – to benefit selected municipalities in Mpumalanga, Limpopo and Gauteng. b) Water and sanitation - Sekhukhune & Sedibeng District Municipalities c) Project Preparation – DBSA and NBI. Several partnership agreements have been concluded with various partners to support the Community Work Programme (CWP). These include the SANDF, MET Bank, etc.
2. The steps undertaken include encouraging municipalities to prioritise the implementation of water infrastructure projects to reduce or eliminate dependency on water tankers. Furthermore, in the short term, municipalities are encouraged to buy their own water tankers to provide the service on their own as opposed to relying on water tanker operators / service providers. The department is also working through the Small-Town Regeneration Programme (STR), to promote Public Private Partnerships aimed at revitalizing water infrastructure in small towns. This approach not only addresses immediate water challenges but also enhances local economic growth and job creation.

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Reply:

1. No, the Ministry of Cooperative Governance and Traditional Affairs does not intend to initiate a legislative review of the Spatial Planning and Land Use Management Act, Act 16 of 2013 (SPLUMA). SPLUMA falls within the mandate of the Ministry of Rural Development and Land Reform, and that Ministry has already initiated a legislative review in this regard.
2. I am advised that the review process of the Ministry of Rural Development and Land Reform is still in progress and includes consultations with the institution of traditional and khoi-san leadership to, among others, obtain their inputs on the roles they should play. To date, National and Provincial Houses of Traditional and Khoi-San Leaders have been consulted. The process of consulting Local Houses of Traditional and Khoi-San Leaders is underway. Further details on the review process and the substantive issues under consideration may be obtained directly from the Ministry of Rural Development and Land Reform as the responsible authority for the administration of SPLUMA.

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Reply:

1. The Department of Justice and Constitutional Development (DoJCD) is leading the implementation of the Traditional Courts Act. The focus of the Department is currently on the development of the Regulations which will support the implementation of the Act. The Department has developed the first set of draft regulations which are currently undergoing internal consultations before engaging with other stakeholders, including, the Department Traditional Affairs (DTA), provincial COGTAs, as well as Houses of Traditional and Khoi-San leaders, among others. A task team comprising officials from the DoJCD and DTA has been established to collaborate on the development of an implementation plan. Further details on the implementation process may be obtained directly from the Ministry of Justice and Constitutional Development as the responsible authority for the administration of the Act..

2. The Department does not have information on the number of functional traditional courts because before the passing of the Traditional Courts Act, there was no legislation to enable the establishment and functioning of Traditional Courts. However, since the passing of the Act, the joint Task Team of DTA and DoJCD has visited a sample of traditional councils in Limpopo, Northern Cape, Mpumalanga and Northwest to ascertain information on human resource capacity for the functioning of their traditional courts. The Task Team found that the traditional courts are not adequately resourced and capacitated to comply with the provisions of the Traditional Courts Act. However, there is training that was facilitated by the South African Judicial Education Institute (SAJEI) to capacitate traditional leaders to ensure that their judgements are written in a professional manner. Following a request from DoJCD, the Department of Traditional Affairs is currently coordinating with provinces regarding information on:

• The total number of existing and levels of functional courts in the country;
• The number of clerks employed in the traditional courts, their salary levels and job descriptions of the post; and
• The status of Presiding Officers and whether they are currently being remunerated, their salary levels and job descriptions.

The Department will consolidate the information once it has been submitted by all the provinces.

End.

Reply:

The Disaster Management Act 57 of 2002 (the Act) as amended, and the National Disaster Management Framework of 2005 (Framework) recognise the wide-ranging opportunities through the concerted energies and efforts of all spheres of government, civil society, research institutions and private sector organisations, to avoid and reduce disaster losses, and to save lives and livelihoods.

Challenges:

1. The multidisciplinary and multi-institutional nature of the disaster management function is complex and is seen to be compromising opportunities for effective collaboration, cooperation and coordination of several interventions and actions as they (actions and interventions) usually occur simultaneously or in a parallel way and not always in phased succession.
2. Differing mandates within the 3 spheres, functional incompatibility in terms of roles and responsibilities, mandates, as well as financial prioritisation do hinder collaboration and cooperation within role players in disaster management. It is noted that organs of state across the three spheres of government, especially municipalities that are at the coalface of disasters and their risks, still have a huge challenge in developing a disaster management plan which is a vehicle to identify and accommodate all stakeholders and the community that are expected to collaborate and cooperate, as well as put measures to reduce any disaster threat that may occur within their areas of jurisdiction and in line with their relevant and related legislative mandates. This creates unclear lines of communication, lack of human and capital resources as well as systemic administrative problems as leadership decision making is also lacking.
3. While engaging the private sector in disaster management planning and implementation is crucial, this effort is challenged by the fact that there is often a lack of structured frameworks and incentives to encourage their (private sector) participation and where there is participation, it is often not significant enough.

Interventions:

Effectively reducing disaster risk requires an all of society approach (i.e. Government, NGOs, private sector, communities etc.) where all stakeholders work under the banner “Disaster Management is everybody’s business”.  Increasing the resources of the NDMC to enhance the collaboration and cooperation in disaster management in South Africa is one area in which this mantra can be improved through:

• The reduction of fragmented implementation of disaster risk reduction measures and climate change adaptation and mitigation strategies.
• Improving leadership and implementation capacity.
• Improving intergovernmental relations
• Engaging the private sector and improving community involvement.

Effective governance structures and proactive urban planning can play a pivotal role in reducing the vulnerability of populations to disasters. Factors such as land-use planning, building regulations, and emergency management infrastructure significantly influence the resilience of communities to disaster events: This requires serious enforcement of municipal by-laws.

By involving local communities, civil society organizations, and government agencies in decision-making processes, it is possible to develop context-specific and culturally appropriate strategies for disaster resilience. Engaging stakeholders from diverse sectors fosters a holistic approach to disaster risk management, ensuring that interventions are inclusive and sustainable.

More tactical capacity needed under the fields:

• Invest in Early Warning Systems and Community Education
• Community Engagement and Empowerment
• Infrastructure Development
• Government Policy and Planning
• Education and Skills Development
• Climate-Smart Agriculture

The review of the disaster management system has identified these, and other challenges affecting efficiency and effectiveness in DRM delivery and thus strives to introduce mechanisms to address these challenges effectively.

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Reply:

I have been informed by the municipality that two employees were arrested for fraud and corruption. They both also faced internal disciplinary processes, for fraud, corruption, negligence and financial misconduct. One was found guilty on one count and demoted while the other resigned before the finalisation of the case. The criminal cases against the two are being handled by the relevant law enforcement agencies. The names of the employees have been disclosed to the Department.

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Reply:

a) The specific corrective steps that have been taken to date in this regard are:

• The approach to the processing of the new Bill was discussed with the Legal Services of Parliament on 16 August 2023 and in a meeting of the former Minister of Cooperative Governance and Traditional Affairs and the former Chairperson of the Portfolio Committee on 18 September 2023. These meetings were followed by a briefing of the COGTA Portfolio Committee of the sixth Parliament on 11 October 2023 whereby the Portfolio Committee decided that the Executive Bill option should be followed.
• Following the Portfolio Committee decision, the Bill was finalised on 29 October 2023.
• The Bill was referred to the Office of the Chief State Law Adviser (OCSLA) on 30 October 2023 and a pre-certification opinion was received from the OCSLA on 22 December 2023.
• The Socio-Economic Impact Assessment System (SEAIS) certification report of the Bill was finalised and submitted to the Presidency on 8 December 2023, and the SEIAS certification was received on 22 February 2024.
• All the Forum of South African Directors-General (FOSAD) processes on the Bill have been finalised. The Bill was endorsed by the Governance, State Capacity and Institutional Development (GSCID) FOSAD Cluster on 27 February 2024 for submission to Cabinet.

b) Estimated timeframes for the specified corrective steps to be completed are as follows:

No.	Specified corrective steps	Estimated Timeframes
1	The submission of the Bill to the Cabinet Committee for endorsement to present the Bill to the Cabinet	10 September 2024
2	The submission of the Bill to Cabinet for approval to table it in Parliament	18 September 2024
3	Support Parliamentary processes on the Bill.	As per Parliament timeframes

 

End.

 

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1. The Department is not aware of the delays regarding the payment of the traditional leaders referred to by the Honourable Member. As the Honourable member would know, in terms of the Traditional and Khoi-san Leadership Act, the recognition of traditional leaders below the level of Kingship/Queenship is the competence of Premiers. The provincial departments responsible for Traditional Affairs thereafter commence with the administrative processes of paying a recognised traditional leader.

We will investigate the specific cases the Honourable Member has raised to establish the causes of the alleged delays and the corrective measures to be implemented.

2. Once the Department has completed its investigation, I will assess the outcome and will, in consultation with the MEC concerned, determine how best the concerns of the said traditional leaders should be addressed;

3. a. We have already developed a Traditional and Khoi-san Leadership Handbook whose main objective is to ensure the equitable treatment of traditional and khoi-san leaders. The Handbook is undergoing consultations at the moment; and

b. After the enactment of the new Traditional and Khoi-san Leadership Bill, we intend to introduce regulations which will specify timeframes within which the processing of the recognition of traditional leaders should be concluded by government once the relevant royal families have nominated and submitted the name of an heir.

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Reply:

The Municipal Finance Management Act (MFMA), which is overseen by the Minister of Finance with assistance from the National Treasury, is directly affected by the honorable member's inquiry. In accordance with the MFMA, municipalities submit their budgets directly to the National Treasury, which decides whether or not to support them. As a result, the Minister of Finance may answer to the question of the Honourable Member. There has in the past been some parliamentary questions having a direct bearing on the functional mandate of the National Treasury which have been referred to the Department of Cooperative Governance and Traditional Affairs. There is now an agreement between officials of the two departments that in such instances Parliament must re-route the question to the Minister of Finance for a direct response to ensure proper accountability of the response.

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Reply:

The below response is based on information provided by the Municipal Demarcation Board (“the MDB”).

a) The MDB, based on its research findings and final investigation conducted in terms of section 29 of the Local Government: Municipal Demarcation Act, 1998 (“the Demarcation Act”), has highlighted the following reasons for its decision to not proceed with the redetermination process of incorporating the area of Khowa into Senqu Local Municipality (LM):

• There was no indication of functional interaction by the affected community with the services and opportunities within Senqu LM, but rather with Elliot (within Sakhisizwe LM) which forms part of the affected area.
• The topography and road access along the R58 makes it significantly easier for communities to access service within Elliot than with the Senqu LM.
• The proposed redetermination is anticipated to result in the smallest municipality within both Chris Hani District Municipality (DM) i.e. Sakhisizwe LM’s spatial area being reduced by approximately 69%, to be left with only 714 km² without any noticeable major town. This will have a negative impact on the financial ability of Sakhisizwe LM and its ability to provide basic services.
• The inclusion of this area into Senqu LM is not expected to benefit the affected communities and will certainly have negative impact on the remaining minor portion of the Sakhisizwe LM.

b) On 30 March 2023, the MDB issued a notice in terms of section 26 of the Demarcation Act, as published in the Daily Sun, inviting views and representations from members of the public on the proposed redetermination within 30 calendar days. There were no views and representations received by the end of this period. Although there were no views and representations received, the MDB decided to conduct a formal investigation in terms of section 29 of the Demarcation Act. The formal investigation allowed the MDB to obtain more information about the proposed municipal boundary re-determination, through engagements with several identified stakeholders including the applicant and from other sources of information. The outcomes of the investigation can be summarised as follows:

• The two affected municipalities releasing the area (Sakhisizwe LM and Chris Hani DM) opposed the proposal citing water infrastructure investment and development investments and
• The other two municipalities acquiring the area (Senqu LM and Joe Gqabi DM) also opposed the proposal citing the financial burden it will have on them.

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Reply:

QUESTIONS	REPLY
	Province	Name of Municipalities
a) List of municipalities	Eastern Cape	Nelson Mandela Bay Metro Makana LM Amathole DM Amahlathi LM Raymond Mhlaba LM Sakhisizwe LM Enoch Mgijima LM: S139(7) Chris Hani LM Walter Sisulu LM Nqquza Hill LM OR Tambo DM
	Free State	Tokologo LM: S139(5) Moqhaka LM Mangaung Metro: S139(7) Kopanong LM: (S139(1)(b) & S63) Maluti-A-Phofong LM Mafube LM: (S139) (5) Mohakare LM Nala LM Tswelopele LM Dihlabeng LM Masilonyana LM
	Gauteng	Emfuleni LM Merafong LM
	KwaZulu Natal	Mpofana LM Msunduzi LM Inkosi Langalibalele LM Newcastle LM Nquthu LM Emadlangeni LM Mtubatuba LM UThukela DM Ugu DM UMkhanyakude DM UMzinyathi DM Amajuba DM
	Limpopo	Mogalakwena LM Modimolle-Mookgophong LM Lepelle-Nkumpi LM
	Mpumalanga	Lekwa LM Govan Mbeki LM Dr JS Moroka LM Thaba-Chewu LM Msukaligwa LM Dipaleseng LM
	Northen Cape	Sol Plaatje LM Phokwane LM Ubuntu LM Renosterberg LM Siyancuma LM Tsantsabane LM Kai Garib LM Gamagara LM Joe Morolong LM
	North-West	Madibeng LM Kgetlengrivier LM Ratlou LM Tswaing LM Mahikeng LM Ditsobotla LM Ramotshere Moiloa LM Ngaka Modiri Molema LM City of Matlosana LM Dr Ruth Mompati LM
	Western Cape	Kannaland LM Beaufort West LM
(i) Degree / level of classification	These municipalities were classified as distressed municipalities in terms of the State of Local Government Report (SoLG) approved by Cabinet in 2021/22. The focus of the assessment was based on key areas of performance, namely: Political and Governance, Institutional Capability, Financial Management and Service Delivery and in certain instances where municipalities have been placed under intervention in terms of the Constitution by provincial and national government. Dysfunctional (66) Low Risk (107) Medium Risk (54) Stable (30) Copy of the State of Local Government Report (SoLG, 2022) is attached as Annexure “A”.
ii) (aa) Period of classification	The SoLG Report was approved by Cabinet in 2021/22 financial year. However another municipal performance assessment was conducted and finalized in 2023. The State of Local Government Report will be presented to Cabinet during October 2024
(bb) What interventions by departments	Interventions aimed at strengthening governance capacity National government and provincial government invoke interventions in terms of the Constitution depending on the nature of crisis in a particular municipality. Municipal Support and Intervention Plans (MSIPs) and Financial Recovery Plans (FRPs) were developed and finalized with the inputs of National Treasury, Provincial CoGTAs and Treasuries and sector service departments. These plans are monitored quarterly to track progress of implementation through IGR structures, as necessary. Provincial CoGTAs support and monitor implementation of the recommendations of the outcomes of Section 106 (Systems Act) investigations.
	Interventions aimed at strengthening institutional capacity Municipalities are supported during the recruitment process of Senior Managers, by ensuring that all vacant Senior Manager’s posts are filled. Deployment of officials acting in vacant senior positions by provincial COGTAs and Treasuries and sometimes national government (recently through the RMO). Deployment of financial and technical expert support. Piloting and validation of prototype staff establishments across different categories of municipalities.
	Interventions aimed at improving financial viability Provincial Treasuries/National Treasury support the development and implementation of a budget funding plans to address unfunded budgets of all municipalities. CoGTA supports engagements with Eskom and National Treasury on possible debt repayment plans. Regular reports in respect of compliance with Circular 124 in respect of Municipal Debt Relief. National Treasury and COGTA support and monitor the development and implementation of Audit Action Plans. Provincial Treasuries deploy advisors in municipalities to support on Budget & Revenue, mSCOA, Asset Management and SCM Provincial Treasuries and National Treasury (as the case may be) receive and assess Section 71 and 52 (MFMA) reports
	Interventions aimed at accelerating service delivery and Economic Development DCOG (Inclusive of MISA) provides support on the planning and implementation of infrastructure projects through MIG. DCoG (Inclusive of MISA), jointly with DWS supports, implements and monitors prioritized water and sanitation projects. The DCoG (has started efforts to leverage the involvement and participation of SOEs and private sector in the implementation of infrastructure projects. Continual engagements with Eskom on upgrading of NMD in the various municipalities. DCoG (Inclusive of MISA) supports municipalities with preparation of Business Plans to access 5% of MIG for the setting and operation of Project Management Units (PMU) DCoG has revised the MIG Framework to cater for the employment of at least 10% of their MIG allocations for Repairs and Refurbishment. DCoG has also provided for the use of up to 5% of the MIG allocation for Asset Management Planning. DCoG assists municipalities with Water Cost Reflective study. DCoG has also introduced the MIG 6B Conversion which commenced with Emfuleni and Uthukela Municipalities. Discussions are advanced between DCoG and NT to convert a further allocation during the 2025/2025 to address challenges faced by 53 municipalities facing charges by the DWS.
b) Further details	Information available in ‘Annexure A’ (SoLG Report, 2022)
c) Specific Challenges	Generally, municipalities that are classified as distressed fail all the pillars of sustainability as aforesaid namely political instability and infighting, unfunded budgets, lack or inadequate allocation of repairs and maintenance budgets, usage of grants for operational expenses, increasing indigency leading to lack of payment of services resulting in low revenue collection, poor planning and maladministration. Detailed information is available in ‘Annexure A’ (SoLG Report, 2022)

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Reply:

The total (a) None and (b) None.

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Reply:

The National Disaster Management Centre continues to work closely with Provincial Disaster Management Centers, Municipal Disaster Management Centers and in collaboration with the sector departments and community based organisations to conduct awareness campaigns to communities staying in disaster high risk areas. However, there is no date set by the Department of Cooperative Governance and Traditional Affairs to move persons from dangerous areas in KwaZulu-Natal and other provinces as the matter is outside the legislated mandate of the Department. COGTA, continues to coordinate and collaborate with the relevant organs of state across the three spheres to promote the implementation of applicable legislation, as well as the enforcement of by-laws that regulate the settlement of people in dangerous areas. The movement of specified persons from dangerous areas to areas of safety is the responsibility of the Department of Human Settlements working in partnership with the Department of Public Works and Infrastructure. The movement of the specified persons is also dependent on the availability of suitable (safe) land, financial resources and the application of policy in the allocation of housing.

In terms of the relocation of households from disaster prone areas, the National Department of Human Settlements has collaborated with the Department of Land Reform and Rural Development, to locate all the informal settlements that are on dangerous zones using drone technology. Once located, the province or eThekwini Metropolitan Municipality must then permanently relocate the affected households to new serviced land parcels where the construction of permanent houses will ultimately take place. This relocation is funded through Informal Settlements Upgrading Partnership Grant (ISUPG) that is allocated annually to KZNDHS and City of Ethekwini based on business plans approved by the Minister of Human Settlements.

 

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Reply:

(a)(i) The total number of staff employed and /or provided as Ministerial support in Minister’s private office is five (5).

(b)(i) Job Title	(b)(ii) Annual Remuneration Package	(b)(iii)Highest level of qualification
1. Chief of Staff – Salary Level 14	Salary Notch: R1 641 933 (Level 14, 10th notch) Role Playing Allowance: R 7 330 per month (R87 960 per annum). Total all-inclusive annual package: R1 729 893. This was offered to match the package he was paid in his previous employment.	Bachelor of Arts (NQF Level 7)
2. Assistant Appointment and Administrative Secretary – Salary Level 9	Salary Notch: R 444 036 (Level 9, 1st notch) 37% in lieu of benefits: R164 293 Role Playing Allowance: R 7 330 per month (R87 960 per annum). Total all-inclusive annual package: R696 289	Advanced Diploma in Business Management (NQF Level 7)
3. Receptionist – Salary Level 5	Salary Notch: R216 417 (Level 5, 1st notch) 37% in lieu of benefits: R80 047 Secretarial Allowance: R1667 per month (R20 004 per annum) Total all-inclusive annual package: R316 468	Bachelor of Public Administration Honours (NQF Level 8)
4. Household Aide x 2 – Salary Level 3	Salary Notch: R155 148 37% in lieu of benefits: R57 404 Total all-inclusive annual package: R212 552	National Senior Certificate (Matric) (NQF Level 4).

(a)(ii) The total staff employed in Deputy Minister Dr. ND Masemola’s private office is three (3).

(b)(i) Job Title	(b)(ii) Annual Remuneration Package	(b)(iii)Highest level of qualification
1.Parliamentary and Cabinet Support - Salary Level 11	Salary Notch: R849 702 (Level 11, 1st notch) Role Playing Allowance: R 7 330 per month (R87 960 per annum). Total all-inclusive annual package: R937 662	Bachelor of Education Honours (NQF Level 8)
2. Community Outreach Officer – Salary Level 11	Salary Notch: R849 702 per annum (all-inclusive) No role play allowance payable as per DPSA Financial Manual of 2019.	Advanced Diploma in Management (NQF Level 7)
3. Receptionist – Salary Level 5	Salary Notch: R216 417 (Level 5, 1st notch) 37% in lieu of benefits: R80 047 Secretarial Allowance: R1667 per month (R20 004 per annum) Total all-inclusive annual package: R316 468	National Senior Certificate (Matric) (NQF Level 4)

Departmental support to the Office of the Minister

(b)(i) Job Title	(b)(ii) Annual Remuneration Package	(b)(iii)Highest level of qualification
1. Administrative Support and Coordination – Salary Level 11	Salary Notch: R1000 908 (Level 11, Top notch)	Bachelor of Technology (BTech) in Management (NQF Level 7)
2. Parliamentary and Cabinet Officer – Salary Level 11	Salary Notch: R849 702 (Level 11, 1st notch)	Bachelor of Administration (NQF Level 7)

(a)(ii) A total of six (6) employees are appointed to provide Ministerial support in the private office of Deputy Minister Prince: Zolile Burns-Ncamashe, MP.

(b)(i) Job title	(b)(ii)Annual remuneration	(b)(iii)Highest level of academic qualification
Private & Appointment Secretary	R1 003 890.00	BTech: Public Management
Parliamentary & Cabinet Support	R849 702.00	ND: Human Resource Management
Community Outreach Officer	R849 702.00	BCom: Economics
Receptionist	R216 417.00	ND: Tourism Management
Household Aide	R155 148.00	Senior Certificate
Household Aide	R155 148.00	Senior Certificate

 

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1. As indicated in the reply to parliamentary question 132, the revised formula for determining the number of members of traditional councils was only published in a government gazette on 22 February 2024, and as a result, all provinces could not conclude the process of constituting all their TCs within their respective provinces, hence no traditional council was constituted by 31 March 2024, and thus they have all not met the deadline.

2. As noted above, the revised formula for determining the number of members of traditional councils was only published on 22 February 2024. Thus, provinces had no ample time to conclude the process of constitution of traditional councils by the stipulated timeframes.

The Honourable member should, however, note that as a proactive measure, seeing that the deadline of 31 March 2024 may not be met, the Department obtained a legal opinion on the matter. The opinion advised and clarified that the cut-off date for the legal constitution of traditional councils should be 4 February 2025.

3. The Department will be able to determine the status of traditional councils through its current quarterly monitoring process of the constitution of traditional councils.

(4) No, because in terms of the TKLA, the responsibility to legally reconstitute traditional councils lies with the Premier, and the TKLA does not enable the Minister to take action against a traditional council that was not legally recognised, but the Minister may intervene and ensure that such a traditional council is legally constituted. The issue of consequence management also does not arise at this stage since traditional councils have until 4 February 2025 to be legally constituted.

Reply:

a) In terms of the Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019), all matters pertaining to traditional leadership below kingship/queenship, including the recognition of traditional communities and leaders fall within the mandate of the Premier concerned. Therefore, this matter resides within the mandate of the North West Provincial Government. The Department thus requested information from the North West Provincial Department of COGTA, and the province indicated that:

Barolong boo Modiboa lodged a claim for recognition of the community as a traditional community (senior traditional leadership) with the Commission on Traditional Leadership Disputes and Claims. The Commission investigated the claim and found that Barolong boo Modiboa does not have a history of existence as an independent traditional community and on those grounds the Commission made recommendations to the Premier of the North West Provincial Government to reject the claim. The North-West Premier acceded to the recommendations of the Commission and declined the claim by Barolong boo Modiboa on 08 February 2016.

Since the North West Provincial Government has acceded to the recommendation of the Commission, it cannot change its own decision, only a court of law can review such a decision. The Province considers the matter finalised because they have shared the outcome of the Commission and the decision of the Premier on the Barolong boo Modiboa claim for recognition as a traditional community with the family several times, and the family was informed that only a court of law can reverse the Premier’s decision.

b) In view of the above, no date can be provided as the matter has been duly concluded by the Province.

c) No time frames can be provided as the matter has been duly concluded by the Province.