Questions & Replies: Cooperative Governance & Traditional Affairs

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2013-11-26

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Reply received: December 2013

PARLIAMENTARY QUESTION NO 3161

3161. Mr J H Steenhuisen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether his department received any funds for the Expanded Public Works Programme in the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years;

(2) whether any of these funds were earmarked for (a) capital or (b) infrastructure-related projects; if so, (i) what are the names of these projects, (ii) where are these projects situated, (iii) what is the value of each project and (iv) how many jobs have been created by each project

(3) in each case, what process was followed to appoint project (a) implementers and (b) consultants;

(4) in each case, were funds transferred to project implementers (a) in a lump sum or (b) through progress payment;

(5) whether any projects have been impeded due to maladministration or corruption; if so, (a) which projects have been affected and (b) what action has been taken in each case? NW3719E

Reply:

1. The Department received funds for the Expanded Public Works Programme as part of the

Community Work Programme as follows:

a. During 2010/11 the Department received R490,325 million

b. During 2011/12 the Department received R 647,900 million

c. During 2012/13 the Department received R 1,439, 325 billion

2. The funds were not earmarked for Capital or Infrastructure Projects. CWP funds are earmarked for the delivery and maintenance of public and community facilities and services by providing work opportunities and income support to poor and unemployed people through labor-intensive methods. (The Community Work Programme has been implemented in 140 municipalities, with 176 314 participants).

3. The Department appointed three (3) Lead Agents, namely, Mvula Trust, Teba Development Foundation and Lima Rural Development for a period of 29 months with effect from 1 November 2011 and their contracts will expire on 31 March 2014. The Lead Agents have been allocated three provinces each and are required to subcontract Provincial Implementing Agents (PIAs) at a provincial level, and Local Implementing Agents (LIAs) at a local level.

The normal supply chain management processes and procedures in terms of Treasury Regulations were followed.

4. No Lump sum has been paid to project Implementers. The Lead Agents and Provincial Implementing Agents are paid project management fees on receipt of monthly invoices.

5. Allegations have been made and are being investigated, and the results will be made public.

Reply received: December 2013

PARLIAMENTARY QUESTION NO 3117

3117. Mr G GBoinamo (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) With reference to the Municipal Infrastructure Support Agency's (MISA) failure to spend R158 955 million of its 2012-13 allocated budget, what steps has his department taken to ensure that MISA spends its budget allocation effectively to ensure that weaker and struggling municipalities are supported to (a) roll out infrastructure and (b) deliver services effectively;

(2) whether his department has undertaken any other (a) steps, (b) initiatives and (c) programmes to assist weaker municipalities; if not, why not; if so, in each specified case, what are the (i) details, (ii) costs and (iii) time frames? NW3675E

Reply:

1) Of the total budget of R196 593m allocated to MISA for the 2012/13 financial year, the total underspending amounted to R46 879 000.00 and not R158 955 000 as reflected in the question above. This means that MISA managed to spend about 76% of its allocated budget during its first year of existence.

MISA's under-spending during the 2012/13 financial was mainly due to the fact that the organization was still developing its operational systems and processes, as well as building its human resources capacity whilst simultaneously rolling out its support programmes. Delays by Councils to approve support plans also contributed to implementation delays, which in turn also contributed to the underspending.

Significant progress has since been made in respect to the setting up of MISA's institutional and implementation capacity to ensure MISA spends its full allocation for the current financial year. This includes:

· Financial systems and processes have been put in place.

· Procurement plans were completed and approved before the beginning of 2013/14 financial year to improve on efficiencies in the procurement of service providers for the provision of technical support to municipalities.

· The management undertakes periodic monitoring of expenditure against allocated budget and corrective action is taken, where necessary.

2) With regard to assisting weaker municipalities, key initiatives and programmes implemented by MISA include the following:

· Targeted support is being provided through 74 technical professionals to support 108 municipalities prioritized as part of implementing the Local Government Turnaround Strategy (LGTAS). This list includes 25 Districts identified by Cabinet for targeted support towards the eradication of backlogs on household's access to water, sanitation, energy and waste management services. The programme is reviewed every 12 months to determine municipalities to be supported. An amount of R75m has been budgeted for the implementation of the programme during the current financial year. A list of the 108 municipalities currently supported is attached as Annexure A.

· In addition, MISA has contracted 25 professional service providers (PSPs) to provide specialized technical assistance to weaker municipalities in the planning and delivery of municipal infrastructure for a period of 18 months. Each of these professional service providers has been assigned a set of milestones and deliverables in accordance with Project Implementation Plans agreed to between MISA and municipalities. The cost of the PIPs varies depending on the deliverables.

· In relation to the delivery and management of water infrastructure and services, MISA has developed a joint support plan in collaboration with the Department of Water Affairs (DWA) and this is currently being implemented in 29 municipalities that are Water Service Authorities. The cost of implementing the plan is R13m for the current financial year.

· MISA has also developed a programme to support municipalities that are Water Services Authorities (WSAs) to address challenges with regard to the operations and maintenance of water and sanitation infrastructure through the deployment of highly qualified and experienced Water and Sanitation Process Controllers and Artisans. This initiative is being rolled out to the 25 most distressed district municipalities that were identified by Cabinet and will be implemented for an initial period of 2 years in each district. An amount of R60m has been budgeted for the implementation of the programme over a 2 year cycle.

· As part of its capacity building programme, MISA currently has 231 apprentices who are currently deployed in various municipalities throughout the country. Most of these individuals will be taking their trade tests in 2014 to qualify as Artisans. MISA is also providing bursaries to 91 students from disadvantaged backgrounds. The budget to implement these programmes during the current financial year is R28m.

Reply received: December 2013

PARLIAMENTARY QUESTION NO 3093

Mr K J Mileham (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) With reference to the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years, what was the status of Makana Municipality's (i) cash-on-hand, (ii) debtors book and age analysis, (iii) collection ratio, (iv) monthly operating (aa) income and (bb) expenditure and (v) creditors book and age analysis;

(2) (a) what capital grants have been awarded to Makana Municipality in the 2013-14 financial year and (b) in each case, what amount was spent;

(3) whether the funds for any capital grant have been utilised to finance operational expenditure; if so, what (a) are the details thereof and (b) steps have been taken in this regard;

(4) whether he will launch an investigation into Makana Municipality's finances; if not, why not; if so, when? NW3650E

REPLY:

(1) The key financial indicators for Makana Local Municipality can be summarised as follows:

(i) Cash on hand

Financial Year

R Millions

2010/11

71.1

2011/12

44.3

2012/13

23.5

The table above shows that the municipality's cash on hand balance was R 71.1 million at the end of 2010/11 financial year. It further indicates that there has been a persistent decline in cash reserves to R 44.3 million in 2011/12 and the closing balance at the end of the 2012/13 financial year was R 23.5 million. For the three year comparison there is a decrease of R 47.6 million or 204%.

(ii) Debtors book

Financial Year

0 - 30 Days

31 - 60 Days

61 - 90 Days

Over 90 Days

Total

R million

R million

R million

R million

Amount

2010/11

62,492

11,864

6,745

47,020

128,121

2011/12

57,236

8,005

7,015

127,874

200,129

2012/13

61,671

9,633

7,281

147,216

225,801

The debtors' book of the municipality had a closing balance of R 128 million as at the end of 2010/11; it increased to R 200 million in 2011/12 and by the end of 2012/13, it had increased to R 226 million. This is an increase of R 98 million or 43% over the three years under review. Debtors above 90 days have increased from R 47 million in 2010/11, to R 128 million in 2011/12 and are now at R 147 million, as at the end of 2012/13. Debtors above 90 days are an indication of the non-recoverability of outstanding debts and they constitute 65% of the total debt. Debtors under 30 days or current account have been averaging R 60 million over the three years.

(iii) Collection Rate

Financial Year

Percentage

2010/11

123.4%

2011/12

91.0%

2012/13

73.5%

There is an inverse relationship between the debtors and collection rate. The increase in collection rate results in the decrease in debtors and similarly a decrease in collection rate results in an increase in the outstanding debtors. This is evident in the two tables above; there has been a decline in the collection rate for the municipality; hence, an increase in the debtors' book as noted above. Also the 123% collection rate for the 2010/11 financial year seems particularly unrealistic. Of great concern is that by the end of 2012/13 financial year the municipality was only able to collect 74%.

(iv) Operating revenue and Expenditure (R millions)

Financial Year

(aa) Revenue

(bb) Expenditure

Surplus/ (Deficit)

2010/11

254.9

288.2

(33.3)

2011/12

329.6

333.10

(3.5)

2012/13

304.8

438.4

(133.7)

The municipality has been operating at a deficit for the past three financial years. This means that the rate of increase in expenditure has been higher that the rate of increase in revenue. In the year 2012/13, there was a R134 million operating deficit for the municipality. The municipality is spending more than it is generating and as such, it has to resort to using its own reserves, which is not a surprise, given the depletion of the cash on hand as indicated under point (i) above.

(v) Creditors book

Financial Year

R million

2010/11

68.9

2011/12

75.1

2012/13

Information not available

The municipality's creditors were recorded at R 68.9 million at the end of 2010/11 and they have risen by R 6 million or 9%. There was no information available for the financial year 2012/13 and as of 19 November 2013, the municipality has not yet submitted the 2012/13 financial statements. The municipality's cash on hand has been depleted, the outstanding debtors are on the increase, the payment levels are decreasing, operating expenditure is higher than the operating revenue and the creditors are on the rise. It is a classic example of a municipality that is in distress and that is not sustainable.

(2) The amounts allocated to the municipality in respect of the Division of Revenue Act (2013) are indicated below. All expenditure items are below 10% except for the Expanded Public Works Programme. The total allocation for the year is R 51 million and as at 19 November 2013, R 21 million or 41% has been transferred. The expenditure as at 31 October 2013 equals R 981 000, which is 5% of the transferred amount.

To assist the municipality on infrastructure issues, the Municipal Infrastructure Support Agent (MISA) has deployed a Technical Consultant. The role of the Technical Consultant includes the provision of overarching Construction and Project Management services covering project management, contract management, consultant and contractor supervision, resolving technical issues and escalating project administrative issues requiring attention by relevant municipal officials.

Grants

Allocation

Transferred

Expenditure to 31 Oct 2013

Expenditure in Percentage

Municipal Infrastructure Grant

R 27 998 000

R 17 467 000

R 665 000

2.4 %

National Electrification Programme

R 1 625 000

R 546

R 0

0%

Expanded Public Works Programme

R 1 000 000

R 1 000 000

R 195 000

19.5%

Neighbourhood Development Grant

R 20 491 000

R 1 550 000

R 121 000

7.8%

Total

R 51 114 000

R 20 581 000

R 981 000

4.7%

Source: Municipal Finance Management Act Section 71 Reports

(3) The Eastern Cape Department of Local Government and Traditional Affairs will investigate the matter by following up on the reports submitted to the department by the municipality on a monthly basis. If in the findings there appears to be non-compliance with the Division of Revenue Act, as well as breaches of policies and the law or any possible maladministration occurring in the municipality, the MEC will then conduct further investigations in terms of section 106 of the Municipal Systems Act.

(4) The Eastern Cape Department of Local Government and Traditional Affairs will investigate the financial position of, and financial management practices within the municipality, and if in the findings there appears to be possible fraud-related activities as well as breaches of policies or any possible maladministration occurring in the municipality, the MEC will then conduct further investigation in terms of section 106 of the Municipal Systems Act.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 3018

Mr J H van der Merwe (IFP) to ask the Minister for Cooperative Government and Traditional Affairs:

(1) Whether he can provide Mr J H van der Merwe with a list of legal matters in which each province has been party to since 1 January 2009;

(2) what was the total legal costs (a) incurred and (b) paid for by each province;

(3) what was the total legal costs paid in respect of each case that was lost? NW3568E

Reply:

(1) No, we are unable to provide the Honourable Member with the requested information because the issue of legal matters in provinces falls within the purview of the mandate of the Department of Justice and Constitutional Development. We recommend that the Honourable Member approaches that department in this regard.

(2) Not applicable

(3) Not applicable

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2984

Mr F A Rodgers (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(a) What was the cost incurred by (i) Sisonke District Municipality and (ii) other specified municipalities in the district in the campaign to rename the district Harry Gwala, (b) what is the breakdown of the costs with regard to (i) public meetings including the transport, accommodation and catering, (ii) advertising and printing, (iii) the budgeted costs to alter all signage in the district, (iv) the budgeted costs to alter all district and municipal stationery and (v) any other costs incurred in this renaming process and (c) what was the total amount budgeted for the renaming process versus the actual expenditure? NW3534E

Reply:

The following response is based on the information received from the municipal manager of Sisonke District Municipality, through the KwaZulu Natal provincial department:

(a) The costs incurred by the Sisonke District municipality during the 2012/13 financial period were as follows:-

(i) videography and PA system costs, including transport, accommodation and catering amounted to R 29 000.00;

(ii) Advertising and printing costs amounted to R 51 013.00;

(iii) the budgeted costs to alter all signage in the district, district and municipal stationery, and any other costs to be incurred in the renaming process, for the 2013/14 financial period, is R 900 000.00.

(b) There were no costs incurred by local municipalities within the Sisonke District in the campaign to rename the district to Harry Gwala.

(c) The total amount budgeted for the renaming process in the 2012/13 financial year was R400 000.00. The actual expenditure was R80 013.46, covering (i) and (ii) above.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2983

Mr J H Steenhuisen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

Whether any new vehicle have been purchased since 9 July 2013, for (a) his and (b) his Deputy Minister's use, if so, what (i) was the (aa) number of vehicles purchased, (bb) make of the vehicles purchased and (cc) cost of each vehicle and (ii) procurement process was used for the purchase of these vehicles? (NW3533E

REPLY:

According to the Ministerial Handbook, the Minister and the Deputy Minister should be provided with two official vehicles, each for use in Cape Town and in Pretoria.

With respect to Honourable Steenhuisen's question (a) to (b) no new vehicles have been purchased for Minister Tsenoli and Deputy Minister Nel since 9 July 2013.

(i) (aa)-(bb) None, Minister took over the vehicles that were used previously by the former Minister, and Deputy Minister is currently using a vehicle that was purchased by the Department of Justice and Constitutional Development, while the transfer of the Wesbank lease is still being finalised.

(cc) No cost was incurred because the department did not purchase any new vehicles for the Minister and the Deputy Minister.

(ii) Not applicable.

Reply received: November 2013

QUESTION NUMBER: 2982

Mr J H Steenhuisen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(a) Which municipalities awarded their (i) municipal managers and (ii) acting municipal managers a performance bonus in the 2011-12 financial year, and (b) in each specified case, what (i) was the amount paid to each (aa) municipal manager and (bb) acting municipal manger, and (ii) process was used to determine the performance bonus?

REPLY:

The Local Government: Municipal Performance Regulations for municipal managers and managers directly accountable to municipal managers, 2006 (GN No. 804) provides guidelines for the management of performance across municipalities and recognition of outstanding performance, including the criteria for awarding performance bonuses to municipal managers whose performance exceed fully effective.

The following response is based on information that was obtained from the KwaZulu-Natal, Limpopo, Mpumalanga, North West, Northern Cape, Free State and Western Cape provinces. The outstanding information from the Eastern Cape and Gauteng provinces will be made available to the Honourable Member as soon as it has been received by the Department.

Province

Municipality

Designation

Performance Bonus 2011/2012

KwaZulu-Natal

Zululand

Municipal Manager

R111 236,96

Umgungundlovu

Municipal Manager

R62 040,00

Mkhambathini

Municipal Manager

R70 334,15

Jozini

Municipal Manager

R27 695,00

Umhlatuze

Municipal Manager

R91 859,00

Umlalazi

Municipal Manager

R57 022,00

Ntambanana

Municipal Manager

R63 632,00

Emnambithi

Municipal Manager

R75 456,00

Umdoni

Municipal Manager

R133 080,00

Limpopo

Greater Tzaneen

Municipal Manager

R51 405,95

Fetakgomo

Municipal Manager

R50 100,00

Capricorn

Municipal Manager

R74 583,07

Mpumalanga

Ehlanzeni

Municipal Manager

R137 097,85

Western Cape

City of Cape Town

Municipal Manager

R138 000,00

Matzikama

Municipal Manager

R66 583,00

Saldanha Bay

Municipal Manager

R149 843,00

Witzenberg

Municipal Manager

R140 903,00

Drakenstein

Municipal Manager

R95 574,00

Breede Valley

Municipal Manager

R123 753,00

Langeberg

Municipal Manager

R138 204,00

Cape Winelands

Municipal Manager

R117 643,00

Theewaterskoof

Municipal Manager

R150 544,00

Cape Agulhas

Municipal Manager

R130 069,00

Hessequa

Municipal Manager

R132 902,00

Mossel Bay

Municipal Manager

R185 090,00

George

Municipal Manager

R11 500,00

Knysna

Municipal Manager

R103 792,00

Central Karoo

Municipal Manager

R93 084,00

Laingsburg

Municipal Manager

R116 342,00

Beaufort West

Municipal Manager

R70 081,00

Northern Cape

Kareeberg

Acting Municipal Manager

R28 560,00

Richtersveld

Municipal Manager

R28 916,64

Pixley

Municipal Manager

R108 171;00

Umsombomvu

Municipal Manager

R83 015,00

Emthanjeni

Municipal Manager

R106 823,00

ZF Mgcawu (Siyanda)

Municipal Manager

R113 287,02

North West

No performance bonuses were paid.

Free State

Fezile Dabi

Municipal Manager

R170 665,63

The criteria prescribed in Regulation 32 of the Local Government: Municipal Performance Regulations for municipal managers and managers directly accountable to municipal managers, 2006, was used to determine the performance bonus that was paid in each of the above cases.

Reply received: November 2013

QUESTION NUMBER 2981

Mr J H Steenhuisen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) (a) How many municipal managers have been appointed in municipalities between 1 January 2012 and 30 September 2013, (b) in which municipalities were these appointments made and (c) in respect of each municipality was he made aware of the appointment;

(2) list every instance where he has indicated that the appointment was unsuitable;

(3) provide Mr J H Steenhuisen with a list of municipalities that do not have a municipal manager? NW3531E

REPLY:

(1) (a) A hundred and forty five (145) Municipal Managers were appointed in municipalities between 1 January 2012 and 30 September 2013.

(b) The appointments were made in the following municipalities:

· In the Free State the appointments were made in Letsemeng, Kopanong, Naledi, Lejweleputswa, Masilonyana, Tokologo, Tswelopele, Nala, Matjhabeng, Mantsopa, Maluti-A-Phofung, Phumelela, Setsoto, Dihlabeng, Nketoana, Fezile Dabi, Mafube, Metsimaholo, Moqhaka, Ngwathe and Thabo Mofutsanyana.

· In Gauteng the appointments were made in Midvaal, City of Tshwane and Lesedi.

· In the North West the appointments we made in R Tlou, Tswaing, Dr Ruth Mompati, Kagisano, Lekwa Taemane, Matlosana, Ventersdorp, Naledi, Maquassi Hills, Bojanala, Rustenburg, Kgetlengrivier, Moses Kotane, Madibeng, Moretele and Ramotshere Moiloa.

· In the Northern Cape the appointments were made in Dikgatlong, Magareng, John Taolo, Ga Sekhonyana, Kgatelopele, Gamagara, Joe Morolong, Richtersveld, Kamiesberg, Phokwana, !Kheis, Sol Plaatjie, Ubuntu, Umsobombvu, !Kai! Garieb, Kareeberg, Khara Heis, Frances Baard, Siyathemba, Siyancuma and Thembelihle.

· In the Eastern Cape the appointments were made in Amahlati, Amathole, Buffalo City, Cacadu, Chris Hani, Engcobo, Ikwezi, Ingquza Hill, Inkwanca, Intsika Yethu, Kouga, King Sabata Dalinyebo, Lukhanji, Ndlambe, Ngqushwa, Nxuba, Nyandeni, Port St John's, Sakhisiswe, River, Inkwankwa, Engcobo and Alfred Nzo.

· In Western Cape the appointments were made in Bergrivier, City of Cape Town, West Coast, Matsikama, Saldanha Bay, and Central karoo, Cape Winelands, Witzenburg, Swellendam, Hassequa, Stellenbosch and Overstrand.

· In Limpopo the appointments were made in Mutale, Thulamela, Sekhukhune, Elais Motsoaleli, Ephraim Mogale, Phalaborwa, Blouberg, Molemole, Polokwane, Makhuduthamaga, Thabazimbi, Lephalale, and Mokgopong.

· In Kwazulu Natal the appointments were made in Big False Bay, Edumbe, Endumeni, eThekwini,Ezinqoleni, Hlabisa, Imbabazane,Impendle, Indaka, Ingwe, mandini, Mthonjeni, Ndwendwe, Richmond, Ugu, Umdoni, Umgeni, Umziwabantu, Umzimkhulu and Umzinyathi.

· In Mpumalanga the appointments were made in Gert Sibande, Lekwa, Pixley ka Seme, Dipaleseng, Govan Mbeki, Victor Khanye, Steve Tshwete, Emakhazeni, Ehlanzeni, Thaba Chweu, Umjindi, Nkomazi, Bushbuckridge and Msukaligwa.

(c) The MECs of the respective provinces indicated above informed the Minister about the appointments.

(2) The Minister found all the appointments suitable, as per the submissions that he received from the respective MECs. This would be submissions made to the Ministry once MECs have concurred with the appointments made at municipal level.

(3) As of 30 September 2013, 47 municipalities did not have municipal managers. The vacancies are in the following municipalities:

  1. Free State: Xhariep.
  2. Limpopo: Modimolle, Aganang, Ephraim Mogale and Mutale.
  3. Gauteng: Randfontein and Merafong.
  4. Western Cape: Oudtshoorn and Swellendam.
  5. Mpumalanga: Thaba Chweu, Dr JS Moroka, Emakhazeni, Nkangala and Msukaligwa.
  6. North West: Dr Kenneth Kaunda.
  7. KwaZulu Natal: Ugu, Hlabisa, Mbonambi, Ilembe, Nkandla, Ndwendwe, Maphumulo, Imbabazane, Abaqulusi, Mpofana, Umziwabantu, Mkhambathini, Endumeni, Umshwathi, Uthukela, Emandlageni, Umkhayakude, Sisonke,Ntambanana
  8. Northern Cape: Karoo Hoogland, Namakwa, Pixley ka Seme, Renosterberg, Mier, !Khara Hais, !Kheis, Tsantsabane and Khai Ma.
  9. Eastern Cape: Nelson Mandela Metro, Gariep, Ukhahlamba, Qaukeni, Mbashe, Mtabankulu, Blue Crane, Ngqushwa.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2946

Mr P van Dalen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) How much has (a) his department and (b) each of the entities reporting to him spent on advertisements placed on the Africa News Network 7 (ANN7) news channel;

(2) were these advertisements placed through the Government Information and Communications System? NW3497E

Reply:

1)(a) The departments under the Ministry for Cooperative Governance and Traditional Affairs have not spent any amount of money or placed any advertisements on the Africa News Network 7 (ANN7) news channel; and

(b) None of the entities reporting to the Ministry have spent any amount of money or placed any advertisements on the Africa News Network 7 (ANN7) news channel.

2) Not Applicable

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2913

Mr K J Mileham (DA) to ask the Minister for Cooperative Governance and Traditional Affairs

(1) What amount has (a) his department and (b) each of the entities reporting to him spent on advertising (i) in The New Age newspaper and (ii) on its website between 1 December 2012 and 31 August 2013;

(2) were these advertisements placed through the Government Information and Communication System? NW3464E

Reply:

(1) (a) No adverts were directly placed in The New Age newspaper and its website. However, promotional advertisements were featured in the newspaper to promote the CoGTA business briefing special event in partnership with The New Age Media. These adverts were part of the special event package. The details of the business briefing are on the response to Parliamentary Question no: 2569 from Mr D C Ross in the National Assembly.

(b) None of the entities reporting to the Minister have spent or placed any advertisements in The New Age newspaper and on its website between 1 December 2012 and 31 August 2013.

(2) The adverts could not be placed through GCIS as they were part of the event promotional package. The special events are not in the scope of the GCIS bulk media buying services.

Reply received: December 2013

PARLIAMENTARY QUESTION NO 2862

Mr J H Steenhuisen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:


(1) Whether a certain person (name furnished) has been appointed as the municipal manager for the Camdeboo Municipality;

(2) Whether the said person has been charged with any criminal charges relating to his duties at any other municipality; if so, what (a) are the details of the criminal charges and (b) steps does his department intend to take in this regard;

(3)Whether the said person is in possession of the required qualifications for appointment as a municipal manager as set out in Treasury Circular 60; if not, will he be able to obtain the required qualifications by 1 January 2014?


REPLY

(1) We are aware of the issues surrounding the appointment of a municipal manager for Carndeboo Municipality, and the matter is under consideration.

(2) The appointment of this candidate has not yet been finalized pending a decision which will be made on or before, 30 November 2013.

(3) The appointment will be guided by the qualifications required for this post.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2844

Ms D G Nhlengethwa (ANC) to ask the Minister for Cooperative Governance and Traditional Affairs

With reference to the International Day for Disaster Reduction celebrated on 13 October 2013, what steps does his department intend to take to address the needs of persons with disabilities in disaster scenarios? NW3393E

REPLY

1. The commemoration of the 2013 International Day for Disaster Reduction (IDDR) culminated with the adoption of resolutions for mainstreaming disability issues into policy and programmes on disaster management in the country. These resolutions are to be implemented by all disaster management role players across all spheres of government and will be integrated within all disaster management scenarios ranging from prevention, preparedness, and response and recovery measures. They include the following measures:

1.1. That all disaster management structures must integrate forums and representatives of Persons with Disabilities.

1.2. That all disaster management policies and programmes at all levels must be inclusive of and sensitive to the needs of Persons with Disabilities.

1.3. Planning and implementation of disaster management projects will incorporate the needs of Persons with Disabilities.

2. To ensure oversight of the implementation of these resolutions, our department, through the National Disaster Management Centre (NDMC), will work with all sector departments, Provincial Disaster Management Centres, municipalities and other stakeholders.

3. It is also worth noting that we are already supporting the roll-out of programmes in collaboration with other national role players and stakeholders. To this end, programmes have already commenced in the North West, Gauteng, Western Cape, Limpopo and KwaZulu-Natal provinces.

4. To strengthen national coordination of the implementation of the resolutions, we have already invited the Department of Women, Children and People with Disabilities to serve in the National Disaster Management Advisory Forum. Other disability structures will also be identified for collaboration and representation in national, provincial and municipal disaster management forums.

5. The need for political oversight and support to the implementation of these measures has been identified as one of the critical enablers to ensure that Living with Disability & Disasters becomes a reality in our country.

Reply received: November 2013

QUESTION NUMBER: 333/2840

2840/333.Mrs W J Nelson (ANC) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether the proposed National Traditional Affairs Bill, which will address the issues of the Khoi and San people will be finalised in the term of the Fourth Parliament as indicated by the President, Mr J G Zuma, in his state of the nation address; if so, (a) has the Bill been drafted and (b) where does it currently stand in the parliamentary process? NO3374E

REPLY

(1)(a) to (b) No, the National Traditional Affairs Bill will not be finalised in the term of the Fourth Parliament. The Traditional Affairs Bill, 2013 has been drafted and considered by Cabinet, which approved that the Bill be published for public comment for a period of sixty days. The public comment period has since been extended until 31 December 2013. After the closing date for submission of comments, the Department of Traditional Affairs will thoroughly analyse the comments to establish whether any provisions of the Bill should be amended. If necessary, the Bill will be revised accordingly.

Reply received: November 2013

QUESTION NUMBER: 2835 ( 305)

2835 (305). Mr G G Boinamo (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1)Whether his department has any plans in place to restore the chieftainship of Bahurutshe Ba Ga Moiloa Boo Ramotshere to the upper royal house of Monneng; if not, why not; if so, what are the relevant details? NO3342E

REPLY

In terms of section 25 of the Traditional Leadership and Governance Framework Act, Act 41 of 2003, the Commission on Traditional Leadership Disputes and Claims through its investigative processes conducted interviews, research and held public hearings on the dispute and claim lodged on the Bahurutshe Ba Ga Moiloa Boo Ramotshere chieftainship. When considering a dispute or claim, the Commission considers and applies customary law and the customs of the relevant traditional community.

Based on the findings, the Commission recommended that Kgosi Israel Keobusitse Moiloa was the rightful heir. The Premier communicated this decision accordingly and the chieftainship of Bahurutshe Ba Ga Moiloa Boo Ramotshere was restored.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2824

Mr I O Davidson (DA) to ask the Minister for Cooperative Governance and Traditional Affairs: (

(1) What amount has (a) his department and (b) each of the entities reporting to him spent on advertisements placed on the SABC 24 hour news channel?

(2) were these advertisements placed through the Government Communication and Information System? NW3329E

Reply:

(1) (a) The departments of Cooperative Governance and of Traditional Affairs have not spent any amount of money or placed any advertisements on the SABC 24 hour news channel.

(b) None of the entities reporting to the Minister have spent any amount of money or placed any advertisements on the SABC 24 hour news channel.

(2) Not applicable.

Reply received: November 2013

QUESTION NO 2775

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 OCTOBER 2013

(INTERNAL QUESTION PAPER NO 33-2013)

Date reply submitted: November 2013

2775. Mrs H Lamoela (DA) to ask the Minister of Women, Children and People with Disabilities:

With reference to the R388 000 in outstanding payments reflected in her department's 2012-13 budget, (a) to whom is the money owed and (b) how will these outstanding payments impact the 2013-14 financial year's budget?

NW3277E

REPLY:

a) The R388 000 reflecting as outstanding payments is not owed by the department.

· The R388 000 consists of the following four (4) individual amounts:

o Salary payments of R9 196.16 and R4 878.78 to MP Shiviti and NNP Shange respectively;

o A refund from Government Communication Information of R273 742.00;

o A refund for an investment deposit with First National Bank for R100 000 that was closed towards end of financial 2012/13.

b) The amounts have no impact on the 2013/14 budget as they were charged in the 2012/13 budget. At year end the amounts were sitting in the Accounts Payable Control account and were interfaced into the individuals' bank accounts and departments' in April 2013.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2740

Mrs A Steyn (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether any officials from the national disaster management office visited the Elliot district after the recent fire in the area; if so, (a) which officials, (b) on what date did they visit the area and (c) what were the reasons for the visit;

(2) (a) how many hectares of land were destroyed by fire in each province in (i) 2012 and (ii) 2013 and (b) in each case, (i) what assistance was provided by his department and (ii) within what period after the fire;

(3) whether any emergency funding exists in case of veld being destroyed by fires; if so, (a) how much and (b) what processes must be followed to access it;

(4) whether any areas were declared disaster areas in 2011 and 2012; if so, (a) which areas, (b) for what reason and (c) what is the current status of the assistance provided? NW3240E

REPLY

1. No. No officials from the National Disaster Management Centre (NDMC) visited the Elliot District Region. The NDMC only visits areas affected by hazards following a request from a Province when there is a disaster i.e. if the event is of such magnitude that those affected are unable to cope with its effects, existing contingencies that have been put in place are unable to deal with the effects of hazards and existing legislation cannot be implemented effectively to deal with hazards.

2. In line with the requirements of the Disaster Management Act, 57 of 2002, the NDMC is only involved in coordinating response to disastrous fires (disasters threatening to occur) however the responsibility to record incidents and damages outside of this scope rests with the custodians of the relevant legislation i.e. Veld and Forestry Fire Act. The NDMC only keeps record of information on declared disasters which were classified.

3. Whilst the NDMC has funding streams available for emergencies, these are not specific to veld fires but cater for all hazards. The funds have been set aside to provide emergency relief during disasters in the event that the occurrence has been declared and the relevant sphere of government and sector department does not have the resources to deal with the occurrence. Depending on the damages or losses suffered, the funds can be accessed by a municipality or provincial sector department following a declared disaster that has been classified by the NDMC. A request for disaster relief funding is submitted to the NDMC through the relevant Provincial Disaster Management Centre. The following requirements of the grant must be met in line with the funding framework:

(a) A detailed incident report that includes number of people affected and the extent of infrastructural damages and losses.

(b) A business plan that includes: items to be purchased by municipalities with relevant proof, support received from Non-Government Organisations (NGOs) and local businesses, contribution by the municipality and sector responsible (both financially and in-kind), funds required for disaster response and a plan on how the funds will be spent.

4. Whilst the National Disaster Management Centre is consulted in the event that a sphere of government intends to declare a state of disaster, it is important to note that the power to declare a state of disaster and publish this decision in a provincial gazette, rest with the affected sphere of government. It is also important to bear in mind that the decision to declare a disaster is to enable a sphere of government to invoke extraordinary measures to deal with the effects of a disaster, this may at times not include requesting resources from national government.

In the year 2011 and 2012 the following disasters were declared and classified:

Year of recording: 2011/12 financial year

Nature of Disaster

Province

Municipality

Allocation

(000)

Year Allocated

Beneficiary

Floods

Western Cape

Eden District Municipality

R224 995 *for post disaster rehabilitation

Approved and earmarked over the 2013/14 financial year and MTEF

Provincial Departments: Human Settlements, Water Affairs, Transport and Agriculture

Local Municipalities: Bitou, George, Kannaland, Knysna and Mossel Bay

Floods

Kwa-Zulu Natal

R 412 856

*for post disaster rehabilitation

Approved and earmarked over the 2013/14 financial year and MTEF

Provincial Departments : Human Settlements, Transport, SAPS and Health

Local Municipalities: Umvoti

Floods

Mpumalanga

Ehlanzeni District

R47 283

*For emergency relief

Funds allocated and spent in 2011/12

Provincial Departments: Human Settlements

Local Municipalities: Bushbuckridge, Mbombela, Umjindi and Nkomazi

R 212 168

* for post disaster rehabilitation

Approved and earmarked over the 2013/14 financial year and MTEF

Provincial Departments: Agriculture, Human Settlements, Transport, and Health

Floods

Limpopo

Mopani District

R15 050

* for emergency relief

Funds allocated and spent in 2012/13

Provincial Departments:

Transport

Local Municipality:

Maruleng

R 72 762

*for post disaster rehabilitation

Approved and earmarked over the 2013/14 financial year and MTEF

Provincial Departments: Agriculture, Human Settlements and Transport ,

Local Municipality:

Maruleng

Year of recording: 2012/2013

Nature of Disaster

Province

Municipality

Allocation

(000)

Year Allocated

Beneficiary

Floods

Western Cape

Eden District

Cape Winelands District

R 15 405

* for emergency relief

2012/13

Local Municipalities:

Bitou and Langeberg

R 193 119

* for post disaster rehabilitation

Approved and earmarked over the 2013/14 financial year and MTEF

Provincial Department: Agriculture and Transport

Local Municipality:

Langeberg

Floods

Eastern Cape

Cacadu District

R 43 575

* for emergency relief

2013/14

Local Municipalities:

Ndlambe, Kouga, Sunday River Valley, Makana, Koukamma

R 213 525

*for post disaster rehabilitation

Approved and earmarked over the 2013/14 financial year and MTEF

Provincial Department: Transport

Local Municipalities:

Ndlambe, Kouga, Sunday River Valley, Makana, Koukamma

Floods

KwaZulu –Natal

Ugu District

Uthukela District

Ethekwini Metropolitan

R34 124

*for emergency relief

Funds allocated in 2013/14

* Post disaster verification process not finalised

Ethekwini Metro

Ugu District

Local Municipalities: Vulamehlo, Umdoni, Umzumbe Emnambithi Okhahlamba

Floods

Limpopo

Vhembe District

R87 000

*for emergency relief

Funds allocated in 2013/14

*Post disaster verification process not finalised

Vhembe District

Mutale, Thulamela, Makhado

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2711

Mr T Botha (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether his department monitors compliance with the levels of health and safety required in municipal sewerage maintenance work; if not, why not; if so,

(2) what are the relevant details of the (a) inspection of labour compliances, (b) standard practice for the issuing of standard safety equipment to be used, (c) regular medical check-ups of staff involved and (d) subsequent (i) medical treatment or (ii) funeral arrangements of staff affected at work;

(3) whether the fatal sewerage hazard of the Naledi Local Municipality which resulted in the deaths of a father and son (names furnished) is an isolated incident; if so, how was this conclusion reached;

(4) what are the relevant details of the safety record of the Naledi Local Municipality during the period 2003 to 2013? NW3215E

REPLY:

(1) No, the Department does not monitor compliance with the levels of health and safety required in municipal sewerage maintenance work as this falls within the ambit of responsibility of the Department of Labour.

(2) Details of the required information can be provided by the Department of Labour, which are derived from its health and safety compliance monitoring as required by the Occupational Health and Safety Act, Act 85 of 1993.

(3) & (4) The Department regrets the loss of life due to poor standards of infrastructure. The Department, as part of supporting municipalities to deliver quality infrastructure, has established the Municipal Infrastructure Support Agent (MISA) to capacitate poor municipalities and ensure that services that are delivered meet the set standards. The Department together with the relevant sector department ensures that the technical designs adhere to safety specifications.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2711

Mr T Botha (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether his department monitors compliance with the levels of health and safety required in municipal sewerage maintenance work; if not, why not; if so,

(2) what are the relevant details of the (a) inspection of labour compliances, (b) standard practice for the issuing of standard safety equipment to be used, (c) regular medical check-ups of staff involved and (d) subsequent (i) medical treatment or (ii) funeral arrangements of staff affected at work;

(3) whether the fatal sewerage hazard of the Naledi Local Municipality which resulted in the deaths of a father and son (names furnished) is an isolated incident; if so, how was this conclusion reached;

(4) what are the relevant details of the safety record of the Naledi Local Municipality during the period 2003 to 2013? NW3215E

REPLY:

(1) No, the Department does not monitor compliance with the levels of health and safety required in municipal sewerage maintenance work as this falls within the ambit of responsibility of the Department of Labour.

(2) Details of the required information can be provided by the Department of Labour, which are derived from its health and safety compliance monitoring as required by the Occupational Health and Safety Act, Act 85 of 1993.

(3) & (4) The Department regrets the loss of life due to poor standards of infrastructure. The Department, as part of supporting municipalities to deliver quality infrastructure, has established the Municipal Infrastructure Support Agent (MISA) to capacitate poor municipalities and ensure that services that are delivered meet the set standards. The Department together with the relevant sector department ensures that the technical designs adhere to safety specifications.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2671

Mr RN Cebekulu (IFP) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) (a) How many disciplinary cases are outstanding in his department and (b) what is the nature of each case;

(2) (a) how long have these cases been on-going and (b) when will most of them be concluded;

(3) have the persons who are being charged been suspended; if not, why not; if so, for how long will they be suspended;

(4) whether the specified persons are still receiving their salaries; if so, what has been the total cost of their salaries to the State? NW3160E

REPLY:

As a matter of policy, the Department institutes disciplinary proceedings against employees in breach of Chapter 7 of the SMS Handbook on misconduct, read with Schedule 8 of the Labour Relations Act of 1995, as amended. The Department is committed to addressing issues of maladministration, fraud or any irregularities to root out corruption within its administration.

With respect to Honourable Cebekulu's questions, the Department hereby submits the following responses:

(1) (a) There are two (2) disciplinary cases outstanding in the department.

(b) The nature of each case is with regard to an alleged irregularity in the procurement or awarding of tenders.

(2) (a) One (1) case has been in progress for 3 (three) months and another case

for four (4) months.

(b) Both cases should be concluded by December 2013 at the latest.

(3) No, although the alleged two (2) cases of misconduct are considered serious, the officials' presence at work cannot jeopardise the investigations or endanger the well being of any person or safety of any property of the state.

(4) Yes, the two (2) officials are still receiving their salaries because they are

not on suspension.

Reply received: November 2013

QUESTION NUMBER: 2665

Mr G G Boinamo (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) (a) How many traditional communities in the North West province have elected traditional councils as at 21 May 2013, (b) what are the names of those traditional communities and (c) what are the (i) names and (ii) contact details of the presiding officer(s) in each case;

(2) (a) how many traditional communities in the North West province have not yet elected traditional councils and (b) what are the (i) reasons and/or (ii) impediments in each case;

(3) with reference to traditional communities where traditional councils have not been elected, (a) which body (i) passes tribal resolutions and (ii) signs relevant documents and (b) what are the repercussions if tribal resolutions are not passed?

NW3154E

REPLY

(1)(a) to (c) No traditional community in the North West Province has elected a traditional council as yet. The elections were scheduled to take place on 06 July 2013, but did not materialise as the Independent Electoral Commission (IEC) withdrew from this process on 05 July 2013. The Department is in discussions with the IEC to find a new date to hold the elections.

(2)(a) & (b) None – as per the reason stated in (1) above.

(3)(a) & (b) In a traditional community setting, decisions on major projects or critical issues are taken at a general community meeting by the majority of community members in attendance by way of traditional community resolutions, which clearly spells out who, in addition to Kgosi, must sign the resolution on behalf of the traditional community. There may be delays in implementing development projects.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2690

Mr L Ramatlakane (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether he has any plan in place regarding the outstanding debt owed to municipalities to prevent it affecting good governance;

(2) What future risk management plan is in place to (a) secure improved payments and guarantees and (b) set timeframes to service these debts?

Reply:

(1) The department monitors the level of municipal debt and assesses the capacity of municipalities to collect it. One of the key weaknesses that was identified in this regard was the inadequacy of credit control and debt management policies and by - laws to support the legal processes in debt collection.

The department responded to this weakness by training municipal officials responsible for credit control and debt collection on the legal aspects of the policies and by laws in order to equip them to develop and implement the policies effectively. The department is providing on-going support to assess the adequacy of selected municipalities' credit control and debt collection policies. Where policies are found to be inadequate, support is provided to the municipality to update their policy accordingly.

The department is also working with other sector departments to assist municipalities to collect government debt. In this respect, municipalities are supported to resolve matters related to queries in billing information that keep affected government departments from settling their debt. Provincial MEC's as well as some key national Ministers were contacted directly by the Minister requesting them to address government debt to municipalities.

(2) The policies and by-laws remain key tools for the collection of municipal debt. The Department of Cooperative Governance will continue to monitor the effectiveness and credibility of the credit control and debt management policies, billing systems and by - laws of municipalities to support the legal processes in debt collection.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2635

Mr J H Steenhuisen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether any performance bonuses were paid to employees in his department in the 2012-13 financial year; if so, what is the total (a) number of employees that received bonuses and (b) amount paid out by his department for these bonuses?

(2) what percentage of outputs were achieved by his department as measured against each target set in its Annual Performance Plan in the 2012-13 financial year? NW3123E

REPLY:

(1) The payment of performance bonuses to employees in the department is guided by the Performance Management and Development System (PMDS), as prescribed in Chapter 1, Part 8 of the Public Service Regulation (PSR), Chapter 4 of the SMS Handbook, the Department of Public Service and Administration's guidelines as well as the departmental PMDS Policy.

(a) With respect to Honourable Steenhuisen's question; yes, in relation to performance for staff members in the 2012/13 financial year, the Minister approved the performance assessment outcomes of staff on salary level 1 to 12. Organized Labour has been consulted and rewards were implemented on the Persal system. The number of employees who received cash bonuses is 127 and

(b) the amount paid for performance bonuses for 2012/13 financial year is R1, 234mil.

The Departmental Moderating process for members of the Senior Managerment

Service (SMS), excluding the Directors-General is currently underway.

(2) The Department of Cooperative Governance achieved 71% of the 70 planned targets during the period 01 April 2012 to 31 March 2013. This represents an improvement as compared to the past three years where the average achievement status was around 60%. While this level of performance should ideally be higher than this, it was achieved when the Department was still experiencing a high vacancy rate, where most managers in various branches had to perform work beyond their scope, as stipulated in their individual performance contracts to compensate for the human resource deficit. Going forward the department has put in place a number of measures to improve performance. This include, the filling of vacant funded positions and tightening management weaknesses.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2616:

Mr J F Smalle (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(a)(i) How many and (ii) which municipalities are (aa) 60 days and (bb) 90 days behind on paying their electricity debts to Eskom and (b) what is being done to make sure these debts are paid? NW3103E

Reply

(a) (i) The National Treasury's Report compiled in terms of Section 41 of the Municipal Finance Management Act reflects that as at 31 August 2013:

(aa) 90 municipalities were in arrears for 60 days; and

(bb) 52 municipalities were in arrears for 90 days.

(ii) The details of the municipalities in each of these categories are as reflected in the table below:

Name of Municipality

60 days

90 days

90 days+

Eastern Cape Municipalities

8 098 506

3 796 809

66 458

AMATHOLE DISTRICT MUNICIPALITY

37 126

3 109

0

BUFFALO CITY METROPOLITAN

37 002

0

0

GREAT KEI LOCAL MUNICIPALITY

18 709

0

0

IKWEZI LOCAL MUNICIPALITY

809 841

326 436

0

KOUGA LOCAL MUNICIPALITY

52 718

0

0

LUKHANJI LOCAL MUNICIPALITY

6 497

11 574

1 460

MAKANA LOCAL MUNICIPALITY

198 415

0

0

MALETSWAI MUNICIPALITY

6 600 240

3 371 061

0

MNQUMA MUNICIPALITY FBE

178 366

0

0

NDLAMBE LOCAL MUNICIPALITY

50 303

0

0

O R TAMBO MUNICIPALITY

38 899

38 836

21 543

QAUKENI MUNICIPALITY FBE

22 069

0

0

QUMBU MUNICIPALITY (MHLONTLO)

36 542

45 792

43 455

UKHAHLAMBA DISTRICT MUNICIPALITY

11 778

0

0

Free State Municipalities

148 128 544

97 867 445

220 435 332

BRANDFORT MUNISIPALITEIT

4 241

1 063

0

DIHLABENG MUNICIPALITY

14 847 080

12 880 212

14 238 490

KOPANONG MUNICIPALITY

194 109

31 914

0

MAFUBE MUNICIPALITY

0

0

36 116 111

MALUTI A PHOFUNG MUNICIPALITY

57 961 744

49 874 206

33 170 545

MANGAUNG MUNICIPALITY

850 028

724 925

0

MASILONYANA MUNICIPALITY

3 379 679

1 271 789

0

MATJHABENG MUNICIPALITY

22 367 237

0

0

MOHOKARE MUNICIPALITY

38 394

36 196

0

MOQHAKA MUNICIPALITY

16 194 093

0

0

NALA LOCAL MUNICIPALITY

8 014 572

12 084 676

10 771 348

NALEDI LOCAL MUNICIPALITY

97 273

0

0

NGWATHE LOCAL MUNICIPALITY

21 985 028

19 238 158

125 403 841

PHUMELELA MUNICIPALITY

2 143 717

1 688 363

630 517

SETSOTO LOCAL MUNICIPALITY

23

0

0

TOKOLOGO LOCAL MUNICIPALITY

51 326

35 943

104 481

Gauteng Municipalities

71 563 028

49 650 678

40 798 599

CITY OF JOHANNESBURG

509 448

0

0

CITY OF TSHWANE METROPOLITAN

83 924

126 789

11 500

CITY POWER JOHANNESBURG

37 908

0

0

EKHURHULENI METROPOLITAN COUNCIL

4

0

0

EMFULENI LOCAL MUNICIPALITY

108

0

0

JOHANNESBURG WATER

80 319

0

0

KUNGWINI LOCAL MUNICIPALITY

906

902

3 412

MIDRAND TOWN COUNCIL(LORD KHANYILE )

261

0

0

MOGALE CITY LOCAL MUNICIPALITY

30 524 893

0

0

RANDFONTEIN LOCAL MUNICIPALITY

40 296 204

32 852 684

5 635 591

WESTONARIA LOCAL MUNICIPALITY

29 053

16 670 302

35 148 096

Kwazulu Natal Municipalities

8 595 297

4 291 364

16 108 918

ABAQULUSI LOCAL MUNICIPALITY

110 770

0

0

MTUBATUBA LOCAL MUNICIPALITY

10 707

0

0

ULUNDI LOCAL MUNICIPALITY

7 605 357

4 177 751

16 108 918

UTHUKELA DISTRICT MUNICIPALITY

868 462

113 613

0

Limpopo Municipalities

4 892

8 471 746

23 188 165

GREATER TUBATSE MUNICIPALITY

3 844

0

0

THABAZIMBI LOCAL MUNICIPALITY

1 048

8 471 746

23 188 165

Mpumalanga Municipalities

188 041 239

133 111 840

164 439 399

ALBERT LUTHULI LOCAL MUNICIPALITY

5 195 329

1 088 547

0

BUSHBUCKRIDGE LOCAL MUNICIPALITY

9 915

0

0

EMAKHAZENI LOCAL MUNICIPALITY

4 956 912

4 169 217

3 136 341

EMALAHLENI LOCAL MUNICIPALITY

92 064 339

69 233 548

23 513 071

GOVAN MBEKI MUNICIPALITY

23 234 152

6 108 598

2 934 876

LEKWA LOCAL MUNICIPALITY

28 984 316

17 965 525

31 225 408

MBOMBELA LOCAL MUNICIPALITY

635 542

0

0

MKHONDO LOCAL MUNICIPALITY

9 185 152

0

0

MSUKALIGWA LOCAL MUNICIPALITY

20 142 584

13 138 179

0

PIXLEY KA SEME LOCAL MUNICIPALITY

39 057

38 691

0

THABA CHWEU LOCAL MUNICIPALITY

3 572 664

21 369 535

103 629 702

UMJINDI LOCAL MUNICIPALITY

21 277

0

0

North West Municipalities

31 079 579

49 799 721

77 536 571

CITY OF MATLOSANA LOCAL MUNICIPALITY

394 217

2 607 205

431 892

KAGISANO LOCAL MUNICIPALITY

84 478

0

0

KGETLENGRIVIER LOCAL MUNICIPALITY

47 563

3 781 519

170 036

LEKWA - TEEMANE

71 446

6 933 814

17 733 364

LICHTENBURG MUNICIPALITY

10 723 422

6 330 049

3 456 586

MAFIKENG LOCAL MUNICIPALITY

629 229

352 089

448 022

MAMUSA LOCAL MUNICIPALITY

3 261 122

2 688 527

0

MAQUASSI HILLS LOCAL MUNICIPALITY

1 506 162

4 817 019

1 909 982

MOSES KOTANE LOCAL MUNICIPALITY

22 552

19 322

1 786

NALEDI LOCAL MUNICIPALITY

9 587 603

9 754 670

39 632 004

NGAKA, MODIRI MOLEMA DISTRICT MUNIC

32 730

24 984

260 837

RAMOTSHERE MOILOA MUNICIPALITY

4 382 670

0

0

RATLOU LOCAL MUNICIPALITY

11 230

0

0

TSWAING LOCAL MUNICIPALTY

260 482

5 615 465

4 044 920

VENTERSDORP LOCAL MUNICIPALITY

0

6 875 058

9 445 179

ZEERUST TOWN COUNCIL WATERWORKS

64 674

0

0

Northern Cape Municipalities

12 331 066

9 578 745

20 654 563

DIKGATLONG LOCAL MUNICIPALITY

160 746

53 041

0

GAMAGARA LOCAL MUNICIPALITY

34 561

0

0

GARIEP LOCAL MUNICIPALITY

2 965 801

2 408 146

14 607 340

KAMIESBERG LOCAL MUNICIPALITY

11 110

0

0

MAGARENG MUNICIPALITY

1 640 398

0

0

MURRAYSBURG MUNICIPLITY

15

0

0

NAMA KHOI LOCAL MUNICIPALITY

5 154 913

2 350 023

653 868

PHOKWANE MUNICIPALITY

2 205

0

0

RENOSTERBERG LOCAL MUNICIPALITY

1 031 381

742 214

5 393 355

SOL PLAATJE LOCAL MUNICIPALITY

63 368

46 488

0

THEMBELIHLE LOCAL MUNICIPALITY

1 195 636

0

0

TSANTSABANE LOCAL MUNICIPALITY

70 684

3 978 833

0

UMSOBOMVU MUNICIPALITY

249

0

0

Western Cape Municipalities

2 964 600

6 140 703

6 803 394

BEAUFORT WEST MUNIC

1 835

0

0

KANNALAND LOCAL MUNICIPALITY

2 924 872

6 120 619

6 803 394

STELLENBOSCH MUNICIPALITY

37 877

20 083

0

WESKUS DISTRIKMUNISIPALITEIT

15

0

0

TOTAL

470 806 750

362 709 050

570 1 399

(b) Municipalities are supported by provinces to pay their debts to Eskom through regular monitoring and assistance on specific causes for non-payment.

In addition, the Ministers of Cooperative Governance and Traditional Affairs and of Public Enterprises are leading the interventions aimed at resolving the issues of municipalities' non-payment of Eskom debt. These interventions led to the establishment of a task team consisting DCoG, Public Enterprises, Energy, National Treasury and NERSA. The departments are collaborating to embark on the following processes:

· To review the tariff structures of municipalities;

· To review the development and application of the indigent policy;

· To review the current funding models for municipalities; and

· Increasing the technical and financial management assistance to municipalities.

Reply received: November 2013

QUESTION NO: 2611

Mr G G Boinamo (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) (a) How many service delivery protests have taken place in the Gauteng province in the (i) 2011-12 and (ii) 2012-13 financial years and (b) what is the breakdown of such incidents in each municipality;

(2) how many persons have been (a) injured and (b) killed during such protests in the specified financial years;

(3) how many persons involved in such protests have been arrested for (a) public violence and (b) malicious damage to property in the specified financial years;

(4) what is the total estimated monetary value of damage to property caused by violent protests in the specified financial years? NW3098E

Reply:

The National Department of Cooperative Governance does not currently keep a database of service delivery protests. However, we have requested the information from the Gauteng Provincial Department of Local Government and Housing and in the meantime, our reply is based on information provided by an independent organisation, Municipal IQ, through their Hotspot Monitor.

(1)(a)(i) In the 2011-12 financial year, there were 20 service delivery protests in the Gauteng province as confirmed by an independent organization, Municipal IQ, through their Hotspot Monitor.

(1)(a)(ii) In the 2012-13 financial year, there were 26 service delivery protests in the Gauteng province as confirmed by an independent organization, Municipal IQ, through their Hotspot Monitor.

(1)(b) The breakdown in terms of municipalities in Gauteng that experienced service delivery protests is as follows:

In the 2011/12 financial year, Johannesburg experienced 13 service delivery protests; Ekurhuleni 4; and Tshwane 3; and

In the 2012/13 financial year, Johannesburg experienced 17 service delivery protests; Ekurhuleni 6; Tshwane 2; Mogale City and Lesedi LMs 1 each.

(2) It is difficult to present a definitive figure in this regard as not all injuries are captured at the time of the protest. For the (a) 2011-12 and (b) 2012-13 financial years, we can estimate, as recorded by an independent organization, Municipal IQ, in their Hotspot database the following:

(a) Injured:

2011/12: 2 (Two)

2012/13: 1 (One) directly, (a further 3 after being fired on after looting shops).

The data on injuries is to be undercounted as not all injuries are reported on.

(b) In respect of protestors killed, media accounts as recorded by an independent organisation, Municipal IQ in their Hotspot database, indicated that no protestors were killed:

2011/12: 0

2012/13: 0

(3) A definitive figure on how many individuals have been arrested for (a) public violence and (b) malicious damage to property in the specified financial years cannot be given. A distinction between public violence and malicious damage to property is not always made in media reports. Municipal IQ, an independent organization monitoring local government, argues that it is only possible to work out the number of arrests made as they relate to protest actions. From the data on the Municipal IQ Hotspot Monitor, it can be determined that at least the following arrests were made:

(a) 2011/12 - 463

(b) 2012/13 – 84 of which 20 arrests were for housebreaking and theft, and 1 for assault.

(4) It is almost impossible to quantify accurately what the cost and damage to property are, as there are direct and indirect costs involved. The direct costs vary considerably depending on the type of infrastructure that was damaged or destroyed, e.g. municipal offices or busses compared to traffic lights. These costs are borne by the municipality concerned. Increasingly, there are costs to insurance companies for councillor houses that are burned down, damage to cars (private), as well as damage to shop infrastructure and the loss of stock. The indirect costs refer to the costs associated with, for example, school days lost due to damage to school buildings, which is not quantifiable. The damage to property caused by violent protests in the specified financial years, are the following:

(a) For 2011/12: Damage to 9 different roads; damage to a substation; stoning and damage of 4 traffic lights; damage to a School classroom; vandalism of flats; as well as 3 municipal vehicles which were set alight.; and

(b) 2012/13: Damage to 17 roads; damage to 4 cars (stoned); damage to a home and a municipal building; 5 vehicles and 3 busses were set alight.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2569

Mr D C Ross (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

How much has (a) his department and (b) each of the entities reporting to him spent on promotional events organised by The New Age newspaper between 1 September 2012 and 30 August 2013? NW3056E

Reply:

(a) Public Institutions have a responsibility to inform and educate citizens about the programmes of government and services it offers to the public. In the execution of this responsibility, the departments and entities under the Ministry for Cooperative Governance and Traditional Affairs continuously seek opportunities in various media organisations to communicate with the public.

The Department of Cooperative Governance participated in a business briefing organised by the The New Age Media in December 2012, which provided an opportunity to engage with stakeholders and the public through a live TV broadcast on SABC. The cost for this initiative amounted to R 486 255 – 60.

(b) The South African Local Government Association (SALGA) participated in a promotional event hosted by The New Age newspaper on 22 October 2012 and incurred a total cost of R32 088.15. The purpose of the business briefing was to profile SALGA's mandate.

The Municipal Demarcation Board (the Board) has participated in promotional events hosted by The New Age newspaper between 1 September 2012 and 30 August 2013. The Board spent a total amount of R18 222.90.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2561

Mr JF Smalle (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether all municipalities budgeted for the free basic services forums; if not, (a) why not and (b) which municipalities have not budgeted for these services;

(2) (a) which municipalities do not have an Indigent Register and (b) what are the reasons for these municipalities not to have such registers? NW3048E

Reply:

(1) (a) Free basic services (FBS) Forums are hosted at Provincial level, as FBS coordinating structures for municipalities to share lessons and best practices as well as to unblock bottlenecks where delivery of FBS is stalled. Municipalities do participate in these forums, which explain their commitment through budgets. In some provinces, District FBS Forums are also convened as coordinating structures at that level with all municipalities participating. To participate in District engagements, municipalities would naturally budget for travel and subsistence, etc.

(b) However, the response to this question should be understood within the broader context of the equitable share grant, which also serves as subsidy to indigents. First and foremost, equitable share is not a conditional grant and, therefore, it is the sole discretion of municipalities to allocate budget on FBS related functions. In the same breath, it becomes extremely difficult to reliably track expenditure to this effect. To remedy this, measures are being taken at policy level to change the situation to encourage municipalities to budget for FBS.

(2) (a) and (b)

Figure 1

Province

Total Number of Municipalities

Municipalities with Indigent Registers

Eastern Cape

45

42

Free State

24

20

Gauteng

12

10

KwaZulu-Natal

61

39

Limpopo

30

27

Mpumalanga

21

16

North West

23

18

Northern Cape

32

27

Western Cape

30

26

South Africa

278

225

Annual Census Survey Ending June 2012: STATSSA

Figure 1 above presents the total number of municipalities that have indigent registers. The reasons for municipalities not to have indigent registers vary from municipality to municipality. These reasons include lack of capacity and skills within these municipalities to develop and manage the indigent registers. Other high capacity municipalities such as metropolitan municipalities and secondary cities do not manage the indigent management process as per the guidelines due to the administration costs involved. They rather prefer to use other targeting methods such as area targeting or providing these services to every household.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2555

Mr K J Mileham (DA) to ask the Minister for Cooperative Governance and Traditional Affairs: (IED)

(1) With reference to the ongoing water crisis in Grahamstown, what short-term steps are being taken to ensure continuity and quality of water supply to the residents of Grahamstown;

(2) whether any long-term plans exist to resolve the water crisis; if not, why not; if so, (a) what are the details thereof, (b) what amount has been budgeted in this regard and (c) what are the details of the items that the amount has been budgeted for in the current and next two financial years? NW3042E

REPLY:

(1) According to the Makana Municipality, the short-term steps being undertaken to ensure continuity and quality of water supply to the residents of Grahamstown are the following:

(a) The Municipality is attending to the water crisis with the support of its community and key stakeholders (Rhodes University, Department of Water Affairs, Cacadu District Municipality and the business community.

(b) The Municipality has adjusted its operational and capital budgets in order to attend to immediate activities such as repairs to leaks and to stabilise the water supply. As part of the budget adjustment (Capital Budget), the municipality ordered a pump and a motor for the Howiesons Poort Dam and the James Kleynhans Water Treatment Works (WTW) on 30 September 2013.

(c) The Municipality has also signed a 5-year agreement with Amatola Water (AW) for operation and maintenance of bulk water supply with effect from 4 October 2013.

(d) Department of Water Affairs has also supported Makana Municipality on immediate projects (Repairs to major leaks, stabilising water supply and Demand Side Research) to the value of R4 million.

(e) Cacadu District Municipality has committed to contribute R3 million towards the shortfall of purchase of the water pump and motor for the Howiesons Poort Dam.

(2) A long-term plan does exist to resolve the water crisis in Grahamstown; and

(a) It entails the following:

· Business plans for all sectors (Water, Sewer, electricity and etc.) have been developed. In the business plans, projects are prioritised for implementation on stating the possible funding source.

· The process to develop the Infrastructure Master Plans for the Greater Makana Municipality (Including the Rhodes University future development, business – industrial and other stakeholders) is underway.

· The Municipality has applied for funding in order to attend to the planned projects (water, sewer and electricity) from the Department of Local Government & Traditional Affairs (LGTA) in the Eastern Cape, of Water Affairs (DWA); the Cacadu District Municipality; the Presidential Infrastructure Coordination Committee (PICC); and from other potential donors/investors.

(b) The following funds have been budgeted for over the immediate, short, medium and long-term:

· Immediate term: R8,730 million;

· Short-term: R49,110 of which R11,2250 million has not been secured from the sources;

· Medium term: R220,880 of which R205,580 million has not been secured from the sources; and

· Long-term: R461,5 million is required which has not been secured from the sources.

· Total: R964,87 million required of which R902,98 million has not been secured from the sources.

(c) The items that the amount has been budgeted for in the current and next two financial years are enclosed as Annexure A.

Reply received: November 2013

PARLIAMENTARY QUESTION NO. 2478

Adv A de W Alberts (FF Plus) to ask the Minister for Cooperative Governance and Traditional Affairs:

Whether the current Chief Executive Officer (CEO) of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities is at present being investigated for alleged misbehaviour; if so, (a) what is the nature of the charges that are being investigated, (b) since what date has the CEO been absent from his post and (c) what amount has been paid to him (i) in total and (ii) monthly since the investigation commenced? NW2967E

REPLY:

(1) Yes, the current Chief Executive Officer (CEO) of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) was investigated for alleged misconduct,

(a) The nature of the charges that were being investigated involved allegations that the CEO had an autocratic leadership style and he was accused of lowering the salary level of an employee and it was also alleged that he offered employment opportunities to people from Limpopo.

(b) The decision to put the CEO on special leave was taken at a plenary meeting of the CRL Rights Commission dated 12 and 13 December 2012. A letter was written to the CEO on 13 December 2012 putting him on special precautionary leave with immediate effect from 14 December 2012, pending the final outcome of the investigation,

(c)(i)The total amount paid to the CEO from December 2012 to September 2013 is R662 878.97. The CEO received payments in respect of his all-inclusive salary package and no additional payments were made during this period.

(ii) The following amounts as tabled below were paid to the CEO per month:

Month

Amount

December 2012

R27 735.86

January 2013

R67 798.77

February 2013

R67 798.77

March 2013

R67 798.77

April 2013

R71 957.80

May 2013

R71 957.80

June 2013

R71 957.80

July 2013

R71 957.80

August 2013

R71 957.80

September 2013

R71 957.80

Reply received: November 2013

PARLIAMENTARY QUESTION NO: 2412

Mr J H Steenhuisen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs

(1) Whether the Nelson Mandela Bay Municipality in the Eastern Cape has established ward committees in all the wards of the municipality; if not, (a) what is the reason for not establishing these ward committees and (b) how long has this been the case;

(2) What intervention has his department made to ensure that these ward committees are established;

(3) On what date does his department expect ward committees to be established in the Nelson Mandela Bay Municipality? NW2897E

Reply

The establishment of ward committees is provided for in Municipal Structures Act, Act 117 of 1998 and the Municipal Systems Act, Act 56 of 2003. These provisions have been further enhanced by the Guidelines for the Establishment and Operation of Municipal Ward Committees as well as the Funding Framework for Ward Committees as gazetted in October 2009.The department has also produced the Ward Committee Resource Booklet, which provides clear guidelines on the Ward Participatory System.

Currently, 4 267 (99.8%) ward committees have been established in South Africa. The outstanding 0.2% comprises of 10 Nelson Mandela Bay Metropolitan Municipal ward committees.

(1) The Nelson Mandela Bay Metropolitan Municipality has not yet completed the establishment of ward committees.

a. The establishment of ward committees in the Nelson Mandela Bay Metropolitan Municipality commenced in October 2011. All the necessary administrative preparations were in place and stakeholders were on board, as per the legislative and policy directives.The process was halted when the matter was referred to council in September 2012, because of the legal challenge brought against the process followed. Council resolved to seek legal opinion on the matter. The legal opinion confirmed that there were no material facts that affected the fairness and legitimacy of the process.

b. This has been the case since September 2011.

(2) The department has been constantly pursuing the matter following Council's decision to seek legal opinion on the fairness and legitimacy of the process. Through DCOG's engagement with both the political and administrative leadership of the municipality, the process was fast-tracked culminating in a special council meeting of 19 September 2013 to finalize the matter. To this end, an independent legal opinion confirms that there were no material facts that affected the fairness and legitimacy of the process.

The Nelson Mandela Bay Metropolitan Municipal Council adopted a Ward Committee Establishment Policy and Implementation Plan committing to the finalisation of the ward committee establishment process by October 2013. The process flow adopted by Council provides for the following:

No

ACTION

ACCOUNTABLE PERSON / STRUCTURE

DUE DATE

1.

Adopt Policy and Process plan with recommendations for the establishment of functional ward committees

Council meeting

19 September 2013

2.

Appoint Electoral Officer and Presiding Officer

Speaker in consultation with the Acting CM

20 September 2013

3.

Preparations to finalize elections where more than one nomination was received per sector

Electoral Officer/Presiding Officer/ WETT

20 - 30 September 2013

4.

Correspondence: To inform all affected stakeholders about Ward Committee Elections

Electoral Officer

20 - 27 September 2013

5.

Submit a list of successful candidates per ward to the Office of the Speaker

Electoral Officer

02 October 2013

6.

Announce and display names of successful Ward Committee members at designated offices

Speaker and Acting CM

11 October 2013

7.

Prepare and issue appointment letters to successful candidates and provide copies of the policy to successful candidates

Acting CM and Speaker

13 October 2013

8.

Submit final report on elected candidates and process followed to Council

Speaker

October 2013 Council Meeting

9.

Introduction and inauguration of Ward Committees in the presence of Ward Councillors

Speaker

Immediately after October 2013 Council meeting

9.

Introduction and inauguration of Ward Committees in the presence of Ward Councillors

Speaker

Immediately after October 2013 Council meeting

11.

Call First People's Assembly/ Open Council

Speaker

November 2013 Council meeting

(3) To date, fifty (50) ward committees have been established. The process to finalise the establishment of the remaining 60 ward committees is currently underway.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2410

Mr F A Rodgers (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

What are the minimum requirements for a district municipality to comply with for the provision of potable water? NW2895E

REPLY:

A District Municipality (DM) is required to provide at least an interim water supply in the short term, but a basic supply in the longer term. The levels of supply are defined as follows:

(a) A basic or Reconstruction and Development Programme (RDP) level of supply is defined as 25 litres per person per day (or at least 6000 litres per household per month), supplied at:

· A minimum flow rate of 10 litres per minute;

· A standpipe within 200 metres of a household;

· Interruptions of less than 48 hours at any one time, and a cumulative interruption of less than 15 days per year; and

· At a potable standard (SANS 241).

(b) An interim level of supply is defined as follows:

· 10 litres per person per day, within 500 metres of a household and at a potable standard (SANS 241); and

· No consumer is without water for more than 7 full days in any year and no more than 3 consecutive days.

Reply received: October 2013

PARLIAMENTARY QUESTION NO 2409

Mr K J Mileham (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Why do certain municipalities require of the residents of retirement villages and old age homes that are registered as public benefit organisations (PBOs) and/or non-profit organisations (NPOs) to apply in their individual capacities for rebates and exemptions in terms of section 15 of the Local Government: Municipal Property Rates Act, Act 6 of 2004, when the property is owned and operated by the PBO or NPO;

(2) whether municipalities rely on the provisions of the Act when making this requirement of residents of retirement villages; if not, why is it being permitted to occur; if so, why are older persons being prejudiced in this manner;

(3) whether he intends granting PBOs an automatic rebate or exemption on the basis that they provide a public benefit that has been recognised by the SA Revenue Service? NW2894E

REPLY:

(1) "Residents of retirement villages and old age homes" would be required to apply for rebates and exemptions in terms of section 15 of the Municipal Property rates Act if the "residents" of those retirement villages own the units that they live in, in those retirement villages. The evolution of the property market has resulted in property developers developing retirement villages in which individuals can buy units in which services such as frail care are provided at an additional cost. Policy must evolve along with the evolution of the property market, and the Municipal Property Rates Act while no different, is clear on the fact that it is the owner of the property that is liable for the payment of property rates. The registration as a public benefit organisation (PBO) by the company or organisation that manages the retirement village is not a factor in the liability for rates of persons who own units or property in the retirement village. The Department is not aware of cases where two property owners are rated for one property unless they are co-owners of such a property. The Honourable member is requested to submit the specific municipalities and cases referred to in case such "residents of retirement villages and old age homes" don't own units in such properties. Below is a full outline of the application of the Act as far as the rating of PBO property and persons dependent on pensions and grants are concerned.

Amongst the objectives of the Municipal Property Rates Act, 2004, is to make provision for municipalities to implement a transparent and fair system of exemptions, reductions and rebates through their rating policies.

The notion of what constitutes an old age home or a retirement village is fast changing. The Department is aware of developments in the property market where retirement villages are developed and units are sold in those retirement villages to individual property owners who are of retirement age. Such individuals own and occupy such units in retirement villages. This phenomenon can result in misinterpretation as far as the application of the Act is concerned. However the Act is clear in respect of the fact that the person liable for rates is the owner of the property, therefore there is no ambiguity about who pays for rates on property. If a unit in such a retirement village is owned by an individual, then as provided for in the Act, each owner is liable for rates for his or her own property within the retirement village. Individual property owners in these circumstances cannot be categorised as PBOs but as residential property owners, who may be eligible for rebates as categories of owners of property in terms of section 15 and in terms of any other criteria set out in a municipality's rates policy. Therefore, if an individual buys property in a retirement village, regardless of whether the said old age home is registered and treated as a PBO in terms of the Income Tax Act, that individual property owner is liable for property rates on the property in the retirement village. Should that property owner wish to apply for rebates that are granted to older persons by the municipality in terms of the municipality's rates policy, that person must apply as an individual and that person must satisfy the criteria in the municipality's rates policy to qualify for any rebates that are applicable to older persons who own property.

(2) Yes, municipalities rely on the provisions of the Act. Section 15 of the Municipal Property Rates Act ("the Act") provides a framework for municipalities to grant exemptions, reductions and rebates to a specific category of owners of property in terms of criteria set out in their rates policies. One of the categories of owners that municipalities may grant these relief measures of a general application to, is owners dependent on pensions or social grants for their livelihood. A key factor is that the person must be a property owner to be subjected to property rates. As already explained, the practice of municipalities requiring older persons who own units in "in retirement villages and old age homes" does not amount to prejudicing such older persons as these older persons have to receive the relevant rebates that are applicable to their group.

(3) The Department issued guidelines to assist municipalities with the vetting and identification of property owners that apply to be rated as PBOs. Amongst the qualification criteria is a SARS certificate that indicates that the applicant in indeed registered as a PBO and must be presented to the municipality to prove that the applicant indeed has a certificate that indicates that the activities undertaken on the applicant's property are among the specified public benefit activities provided for in the Act. If the owner of an old age home that qualifies as a PBO in terms of the Act owns the property in which such activities are undertaken, then the owner can qualify for the 75% rebate provided for in the Regulations on the Rate Ratios between Residential and Non-Residential Categories of Property. The Act does not allow for the Minister to automatically exempt PBO property from rating. PBO properties that meet the Act's requirement of being used to conduct "specified public benefit activities" and in line with the criteria set out in the General Guidelines to the Act (i.e. registered with SARS as a PBO for the purposes of income tax treatment) are subject to protection from overrating through the Regulations on the Rate Ratios Between Residential and Non-Residential Categories of Property in that such PBO properties may not be rated at more than one quarter of the rate imposed on residential properties.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2367

Mr D A Kganare (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs:

Whether the Government's Operation Clean Audit is still on track; if not, what is the position in this regard; if so, what are the relevant details? NW2862E

REPLY:

Yes, Operation Clean Audit is still an active programme of Government.

The guiding vision for this programme is that by 2014, all municipalities need to achieve unqualified audit opinions in their Annual Financial Statements. The programme milestones towards the 2014 are as follows:

· Between 2010 and 2011, no municipality and municipal entity will obtain adverse and disclaimer audit opinions.

· At least 60% of municipalities and municipal entities will achieve unqualified audit opinions by 2012.

· At least an increase in municipalities and municipal entities achieving unqualified audit opinions to 75% by 2013.

· 100% of municipalities and municipal entities will achieve unqualified audit opinions by 2014.

The 2011/2012 audit outcomes show that 48% of municipalities and municipal entities achieved unqualified opinions. KwaZulu Natal, Western Cape and Gauteng are within the 2013 target of 75% unqualified audit opinions as they are currently at 77%, 85% and 84%, respectively.

The reasons behind the targets not being met in other provinces are primarily attributed to the lack of accountability of leadership at the municipal level and the capacity of provinces to support municipalities followed by a range of other factors such as weaknesses in financial governance; lack of key personnel skills; overall weaknesses in the control environment as well as supporting systems such as Information and Communication Technology (ICT).

In our effort to support the municipalities, the department is leading the programme by ensuring that the remedial plans which respond to the municipal audit outcomes are developed and implemented in each municipality. The municipal remedial plans are directly monitored by the Operation Clean Audit Provincial Coordinating Committees which are led by Provincial CoGTAs and comprise of all role players i.e. National DCoG, SALGA, National Treasury, Provincial Treasuries, as well as the Auditor General. The consolidated progress nationally is monitored through the CoGTA MINMEC.

The department also carries out support interventions which include the coordinated programme on the improvement of ICT in local government and training initiatives to improve the functionality of Municipal Public Account Committees and other oversight structures. MISA is focusing on assisting municipalities to develop infrastructure asset management plans, asset registers and maintenance plans. The Municipal Systems Act regulations for senior managers in municipalities as well as the National Treasury competency requirements are some of the reforms introduced to see an improvement in the human resources capacity to audit outcomes in municipalities.

Reply received: October 2013

QUESTION NUMBER: 2303

Mr J Selfe (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether regulations have been promulgated concerning the appointment and conditions of service of senior managers in municipalities as a result of the enactment of the Local Government: Municipal Systems Amendment Act, Act 7 of 2011; if not, why not; if so, when were the regulations promulgated;

(2) Whether the employment contracts of senior managers who do not qualify to have been appointed in terms of that Act have been terminated; if not, (a) why not and (b) what is the position in this regard; if so, what are the relevant details? NW2751E

REPLY:

(1) The Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) ("the Act), as amended in 2011, empowers the Minister to make regulations setting uniform standards for duties, remuneration, conditions of employment and other benefits for municipal managers and managers directly accountable to municipal managers.

The Regulations on Appointment and Conditions of Employment of Senior Managers have been developed and published for public comment on 7 March 2013 (Notice No. 167) (the Regulations). Written comments and inputs received from stakeholders and interested persons were incorporated into the Regulations.

The Regulations were presented to the Cabinet Committee for Governance and Administration and Cabinet on 18 and 26 June 2013. Subsequently, the revised Regulations were tabled before the COGTA MinMEC held on 16 August 2013. MinMEC noted amendments made on the Regulations.

Inputs from MinMec have been incorporated into the Regulations. Progress reports on the regulations were presented to the Parliament's Cooperative Governance and Traditional Affairs Portfolio Committee on several occasions.The Regulations were submitted to Parliament on 27 September 2013 in terms of section 120(7)(a) of the Local Government: Municipal Systems Act, 2000 and will be promulgated 30 days after receipt of comments from Parliament.

(2) The Act –

(a) provides that a decision to appoint a person as municipal manager or manager directly accountable to municipal manager and any contract concluded between the municipal council and that person in consequence of the decision is null and void if –

(i) the person appointed does not have the prescribed skills, expertise, competencies or qualifications; or

(ii) the appointment was otherwise made in contravention of the Act.

(b) obliges municipal councils to inform the MEC for local government in the province and the Minister by a written report of the appointment process, including the outcome thereof.

According to information at our disposal, employment contracts of senior managers who were appointed in the following municipalities have been invalidated through declaratory orders to enforce compliance with the Act:

Municipality

Designation

Oudtshoorn Local Municipality

Municipal Manager

Imbabazane Local Municipality

Municipal Manager

Merafong Local Municipality

Municipal Manager

Karoo Hoogland Local Municipality

Municipal Manager

St John's Local Municipality

Municipal Manager

Greater Tzaneen Local Municipality

Senior Manager

Kouga Local Municipality

Four (4) Senior Managers

Mnguma Local Municipality

Municipal Manager

Reply received: October 2013

PARLIAMENTARY QUESTION NO 2286

Ms N P Gcume (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs

Why are there no (a) community halls, (b) courtrooms and (c) offices in the rural areas of Pondoland in the Eastern Cape? NW2719E

Reply:

(a) Community Halls:

Whilst accepting the huge backlogs that still exist with infrastructure provision in the Eastern Cape Province; the Port St Johns Local Municipality and Ingquza Hill Local Municipality have made noticeable progress towards provision of community halls in the rural areas of Pondoland. A number of wards have community halls. Many more are in the construction stage; others in the planning stage and these projects have been registered as Municipal Infrastructure Grant (MIG) projects.

In the Port St. Johns Local Municipality, wards: 1, 3, 5, 6, 8, 9, 11 and 12 do have community halls. The Ward 19 community hall is in the planning stage and construction of one community hall in Ward 18 is still under way. With regard to the Ingquza Hill Local Municipality, wards: 1,2,4,7,9,15,10,8,10,11,26 and 17 have completed community halls. Community halls in seven wards are still under construction, that is, ward: 17, 28, 16, 2, 5, 11 and 25. Halls in Wards: 30, 8, 3, 14 and 18 are in the planning stage.

(b) Court Rooms:

Court rooms are available in the towns of Port St Johns, Lusikisiki and Flagstaff. The construction of any additional courts is the responsibility of the Department of Public Works on request of the client which, in this case, is the Department of Justice and Constitutional Development.

(c) Offices:

The Port St. Johns Local Municipality has an office at Tombo location. The new designs for community halls make provision for offices, which will then provide additional offices in the rural areas.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2270

Mr B M Bhanga (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs:

Whether he has been informed that Rhodes University in Grahamstown is shutting down as a result of operating without water for days; if not, what is the position in this regard; if so, what (a) steps has his department taken to remedy the situation and (b) are the further relevant details? NW2702E

Reply:

Yes, the Minister has been informed about the water challenge in Grahamstown. A delegation from the Provincial Department of Local Government and Traditional Affairs and the Department of Water Affairs led by the MEC, Mr M Qhoboshiyane, met with the Makana Local Municipality and a delegation from Rhodes University to discuss ways to deal with the water challenges in the area.

The brief response relates to the current water situation in Makana Local Municipality

According to Mr Ndimba (Manager for Makana LM) responsible for the Waainek Water Works confirmed that as of today (6 November 2013), Rhodes University water tanks are full and there is no shortage to warrant any interruptions to their services.

1. Historical Context of problem

Rhodes University gets its bulk water supply from the Waainek Water Supply Scheme. The Howiesonspoort Pump station is the largest pumping station in the Waainek Water Supply Scheme in Grahamstown and consists of two (2) Sulzer HP-48-20 multistage pump sets, each with 5 stages installed (operating on a duty and standby basis. The pump station and pump sets were constructed and commissioned in 1968. In 1985 both pump sets were overhauled and modernized. In the recent past both pump sets failed simultaneously and have since been fixed. The above problem is also complicated due to: nature and type of pump-with repair contractors having to be outsourced from Johannesburg; limited budgets (against competing demands) and operational inefficiencies (Manpower & Machinery).

2. Current challenges

a) There was intermittent power failure on Friday, 01 November 2013 & Sunday, 03 November 2013, which led to minor disruption in water supply. At the time of the above power failure, there was sufficient water in the reservoirs and supplies resumed promptly.

b) The HowiesPoort Pump Station tripped due to the temporary power failures and was thereafter re-activated

c) Un-authorized valve closures by unknown persons within the supply network at the Rhodes University water network, which then led to temporary interruption of supplies.

3. Corrective Action taken

a) Short-term – The municipality is carting / bowing water to affected areas (including Rhodes University to ensure continuity of services).

b) Short-term - A dedicated water supply pipeline and associated elevated storage tanks are being constructed (now in design stage) to connect Rhodes University directly to the Waainek Water Treatment Works: Due for completion end of February, 2014.

c) Medium Term – A 3.5Ml Reinforced Concrete Intermediate water reservoir

d) Long-term – Augmentation of the James Kleyhanns Bulk Water Project (now in design stage)

e) Supervision – Improvement in supervision of operations and maintenance

f) External Support – Amatola Water now supporting in Water Services Provision (WSP) services.

g) Rapid Response Teams – Rapid Response Teams attending to Water bursts and identified outages.

h) Funding Applications – Municipality already submitted applications to Rural Bulk Water Supply for further funding to finance augmentation of additional Water Supply.

i) Staffing – A new Deputy Director of Civil Engineering has been employed and has reported for duty.

j) Capacity Building and Technical Support – Municipal Infrastructure Support Agent (MISA) is currently providing technical support through a Professional Project Manager and will deploy a further nine (9) warm bodies – staff for training in various plants across the municipality, within this financial year.

k) Water Conservation and Demand Management – The Department of Water Affairs has provided funding under the Accelerated Infrastructure Programme (ACIP) for the water conservation project.

Reply received: October 2013

PARLIAMENTARY QUESTION NO: 2184

Adv A de W Alberts (FF Plus) to ask the Minister for Cooperative Governance and Traditional Affairs

(1) Whether, in light of the Auditor-General's report on local government in the 2011-12 financial year, in which service delivery and fiscal management of most local authorities was found to be poor because only 2,5% of municipalities received clear audit and the frustration levels of millions of inhabitants who are not receiving proper services from local authorities are high, he will consider the introduction of an ombudsman for local authorities to intervene and resolve the specified problems on behalf of the public; if not, (a) why not and (b) what steps is he considering to improve service delivery in local authorities; if so, what are the relevant details;

(2) Whether he is planning to take any steps against political leaders and municipal officials who are ignoring their mandates and disregarding legislation; if not, why not; if so, what are the relevant details? NW2602E

Reply

(1) The Auditor-General's report on local government, for the 2011-12 financial year, indicated that 115 municipalities received an unqualified audit opinion, nine of which were without matters of emphasis. It should be noted that a qualified audit opinion does not necessarily imply that a municipality is facing service delivery challenges, but merely reflects a particular challenge in complying with certain legislative prescripts that govern the management of resources by a municipality. It also takes into consideration the lack of effective systems required to produce credible data.

The Auditor-General expressed an opinion on findings related to supply chain management; human resources; information technology; response by political leadership; financial health and consequences for poor performance; and transgressions.

The minister is not considering, at the moment, the introduction of an ombudsman for local authorities, for the following reasons:

a. The office of the Public Protector is currently performing that function on behalf of the citizens. The Minister is of the view that the introduction of an ombudsman will not assist municipalities to improve their audit outcomes. There are governance structures like Audit Committees, Municipal Public Accounts Committees, Ethics Committees and any other Section 79 Committees that play oversight functions in municipalities.

b. The Minister is considering a number of steps to improve service delivery at local level, including but not limited to, implementing the Municipal Systems Act, as amended, especially with respect to the appointment of competent officials in municipalities. In the spirit of cooperative governance, the department works closely with sector departments such as, Water Affairs, Human Settlements and Energy to support municipalities in planning for basic services. The department further supports municipalities in the delivery of infrastructure through the establishment of the Municipal Infrastructure Support Agent (MISA) which is a government component attached to the Department of Cooperative Governance.

(2) Where political leaders and senior officials are found to have ignored their mandates or disregarded legislation, the Code of Conduct for Political Leaders and the procedures provided for in the Municipal Systems Act, as amended, are invoked respectively. Members of the Executive Council (MECs) of Provinces have been alerted to the matter, and urged to take the necessary steps to apply the said provisions.

Reply received: November 2013

PARLIAMENTARY QUESTION NO 2157

Mr D A Kganare (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) (a) How many (i) service delivery protests took place in the 2012-13 financial year and (ii) properties were destroyed in these protests and (b) what did the destruction cost;

(2) whether his department has a proactive strategy in respect of service

delivery protests; if not, why not; if so, what are the relevant details?

NW2579E

REPLY:

1 (a)(i) As the Honourable Member may be aware, there is no agreement on the standard definition of the notion of service delivery protests. Even the organizations such as the Municipal IQ, which monitor protest action, recognize disagreement in this regard. As a matter of fact, service delivery protests took place in 2012/13 financial year. According to Municipal IQ, there were 176 service delivery protests.

(ii) The Ministry does not keep information on the properties that are destroyed during the protest action.

(b) It is almost impossible to quantify accurately what the cost and damage to property are, as there are direct and indirect costs involved. The direct costs vary considerably depending on the type of damaged infrastructure. There may also be social costs, which cannot be economically quantified.

2. Yes, our department has comprehensive programmes that are geared to:

· Improve access to essential services;

· Initiate ward-based programs for sustainable livelihoods;

· Support sustainable human settlements and quality neighbourhoods;

· Strengthen participatory governance;

· Strengthen the administrative and financial capability of municipalities; and

· Address coordination and strengthen cross- department initiatives to improve service delivery by municipalities.

We want to remind the Honourable Member that all the citizens have the constitutional right to express their dissatisfaction in various ways including the protest action. However, when the protest action turns violent, appropriate action will be taken against the culprits. In this regard, the Justice, Crime Prevention and Security (JCPS) Cluster has put in place measures to ensure that any incidents of violent protest are acted upon, investigated and prosecuted.

Reply received: October 2013

QUESTION 2126

2126. Adv L H Max (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether any staff member in his department (a) performed work in addition to the responsibilities related to his or her work, outside normal working hours, in the (i) 2008-09, (ii) 2009-10, (iii) 2010-11, (iv) 2011-12 and (v) 2012-13 financial years and (b) has been performing such work during the period 1 April 2013 up to the latest specified date for which information is available; if not, how is it determined whether such work is being performed or not; if so, in each case, (aa) how many staff members and (bb) in what job or work categories are the specified staff members employed;

REPLY:

1 (a) Yes, all staff members are reminded on an annual basis of their responsibility through a circular in which they are requested to obtain prior approval if they are doing remunerative work outside the Department or planning to do such work.

Financial Year

aa

(i) 2008 / 2009

Three (3) staff members

(ii) 2009 / 2010

Two (2) staff members

(iii) 2010 / 2011

Four (4) staff members

(iv) 2011 / 2012

Nine (9) staff members

(v) 2012 / 2013

Five (5) staff members

(bb) Senior Management Service members (SMS), Middle Management Service members (MMS) and Administrative Personnel.

Question

(2) whether approval for such work was obtained in each case; if not, what are the relevant details; if so, (a) what is the policy of his department in this regard, (b) by whom are such applications considered and approved, (c) how many contraventions of this policy were brought to the attention of his department in the (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years and (d) what steps have been taken against transgressors?

Reply :

2. Yes

(a) Each request is considered against the content and principles of the code of conduct and Financial Disclosure Framework.

(b) Senior Management Service (SMS) members disclosed their interests in terms of the Financial Disclosure Framework, which is approved by the Minister. The levels below SMS are approved by the Director-General.

( c)

Financial Year

Contraventions of this policy

(i) 2010 / 2011

None

(ii) 2011 / 2012

The non-disclosure of financial interests that were brought to the attention of the Department were investigated by the Ministry and the results are awaited.

(iii) 2012 / 2013

None

(d) The necessary action will be taken once the outcome of the investigation is known.

Reply received: October 2013

PARLIAMENTARY QUESTION NO 2093

Mr S B Farrow (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(a) Does his department prepare quarterly interim financial statements and (b) are these statements considered by the Audit Committee? NW2515E

REPLY:

(a) Yes, the department prepares quarterly interim financial statements for submission to the National Treasury.

(b) Treasury Regulation No. 3.1.10 (d) stipulates that the Audit Committee must, amongst other things, review the adequacy, reliability and accuracy of financial information provided to management and other users of such information.

This financial information is essentially the same information contained in the quarterly interim financial statements, save that it is presented in a format that enables easy consumption thereof by management and other users that may not be able to read annual financial statements.

Reply received: September 2013

PARLIAMENTARY QUESTION NO 2017

Mrs J D Kilian (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether, he has been informed of the ongoing billing crisis in the City of Johannesburg Metropolitan Municipality; if not, what is the position in this regard; if so, what interventions have been made;

(2) Whether his department has been informed of the cause for the billing crisis; if not, what is the position in this regard; if so, what are the details;

(3) Whether (a) a certain household (details furnished) was served with a final notice in the first week of August 2013 and (b) a certain building (details furnished) was served with an incorrect bill; if so, how was each matter resolved;

(4) Whether the said metro has implemented all the necessary measures to restore the integrity of the billing system; if not, what corrective measures will his department implement to assist the metro; if so, what are the relevant details? NW2375E

Reply:

(1) The department is aware that there were challenges with the billing systems in the Johannesburg Metropolitan Municipality. These are general challenges that municipalities face in their day to day operations, and from time to time when they change their operating systems and procedures.

The City of Johannesburg has implemented a system which is used by other Metros like Cape Town and Tshwane. This system supports the operational and reporting requirements of metros, the size of the City of Johannesburg.

It should be noted that in 2001, the City unbundled its business and established its municipal entities to focus on key services like water, electricity, refuse, etc. In 2006, the City observed the disintegration in the manner that it was servicing its customers. This was so in that each service request could not be resolved at a single point of entry, which resulted in customers being referred from pillar to post. Consequently, a research study was conducted with a view to acquire a system that would provide the municipality with a single customer view of a customer. A new system was therefore procured to integrate the different databases into a single system.

Data challenges were experienced during the migration process from the legacy system. These challenges became more apparent once the new system became operational in 2009. To improve the system, the City embarked on the following initiatives:

· Continuous data clean up,

· Linkages with deeds office to improve property data; and

· Introduction of the revenue step change program to ensure integrity of the metering data and standard operating procedures across the value chain

These initiatives are yielding positive results with minor incidences that cannot be referred to as a crisis. A customer centricity approach has been introduced where regional centres are used as first resolution centres where customers can walk in and get their queries resolved.

(2) Refer to the response to question(1) above.

(3)(a) The credit control process begins from the time when a municipal account becomes due for payment. At that stage a pre-termination notice is issued to the customer in order to warn the customer of the consequences of non-payment of current and outstanding debt. It also serves to warn the customer that services may be disconnected after 14 days if the account is not paid.

A pre-termination notice was indeed erroneously delivered to the Mandela family residence on 2 August 2013 by an independent contractor enlisted on a panel of service providers by the City of Johannesburg. The notice was supposed to be delivered at a similar house number, but in an adjacent suburb of Oaklands. It is regrettable that this happened to the Mandela household. Necessary action has been taken against the contractor in question.

(b) The account holder indicated that the address (Luthuli House) had multiple accounts.Like many other customers, the customer requested consolidation of its multiple accounts. The process of debt consolidation into one account involves two independent processes, namely, moving of services and the moving of balances. These are two administrative processes that are not synchronized.

The request for a substantial credit balance to be transferred from one account to another took longer than expected, due to the delegation of authority attached to financial transactions of such magnitude. It appeared that the account was thus in debt whilst awaiting the credit transfer.

The Luthuli House account has always been very well maintained by the customer and no concerns were raised on this account.

(4) Yes, the department is satisfied with the steps taken by the City of Johannesburg to restore the integrity of the billing system, as per the response to (1) above.

(5) Members would help us a lot if we all respect the integrity of all three (3) spheres of government to handle problems they face, especially metropolitan areas such as the City of Johannesburg.

Reply received: October 2013

PARLIAMENTARY QUESTION NO 2006

Mr J H Steenhuisen (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) How many (a) municipal managers and (b) senior municipal managers in each specified municipality have (i) complied and (ii) failed to comply with the January 2013 deadline for attaining the minimum competency levels;

(2) What is the breakdown of the number of (a) municipal managers and (b) senior municipal managers in each specified municipality who failed to comply with the January 2013 deadline for attaining the minimum competency levels who have applied in writing for the 18-month extension;

(3) What will the consequences be for those municipal managers and senior municipal managers who have (a) not complied and (b) not been granted the 18-month extension? NW2363E

REPLY

The Municipal Systems Act and Municipal Finance Management Act (MFMA) are the primary pieces of legislation that give effect to the constitutional principles of professionalising local government administration. These pieces of legislation also envisage the promulgation of Regulations to give effect to these principles.

Regulations in terms of Municipal Finance Management Act were promulgated on 15 June 2007 with concurrence of the Minister responsible for local government. These regulations require municipal officials to meet prescribed minimum competency levels.

The Municipal Systems Act provides for the recruitment process and procedures for the appointment of municipal manager and manager directly accountable to them. The incumbent managers and senior managers must have the required skills, expertise, competencies and academic qualifications for them to qualify for appointment.

The Municipal Finance Management Act further provides that these competency levels are not only relevant for the purpose of appointment but also for the development of staff to meet the required competency levels.

(1) In the light of the fact that every 5 year electoral cycle of local government there is usually change at senior management levels in municipalities. This has resulted in less senior managers remaining in municipalities to meet the 01 January 2013 deadline regarding acquiring MFMA minimum competency levels.

Due to the challenges highlighted above, National Treasury through MFMA circular 60 dated 20 April 2012, invited municipalities to make an application to National Treasury formally seeking its consideration to delay the enforcement of the Minimum Competency Regulations in terms of the legislated deadline and to allow officials to finalise their training beyond the deadline date. This process was termed a consideration of Special Merit Cases. Municipalities were required to present a motivation letter, training implementation plan and details of all officials affected by the competency levels. When complied with, municipalities would be granted an additional 18 months to finalise this training which lapses on 1 July 2014.

(2) In response to the Special Merit Case, 267 out of 278 municipalities have registered with National Treasury and only 11 are outstanding. National Treasury has developed a support programme to assist the outstanding municipalities to comply.

The Municipal Regulations on Minimum Competency Levels, Gazette 29967 of 15 June 2007 prescribe the following four requirements for Municipal Managers:

· Higher Education Qualification; (at least NQF level 6 or Certificate in Municipal Financial Management, SAQA ID 48965 at NQF level 6)

· Work related Experience; (Minimum of 5 years at senior management level)

· Core Managerial and Occupational Competencies; (as described in the Performance Regulations of 2001) and

· Financial Management (FM) and Supply Chain Management (SCM) competency areas.(18 unit standards that serve as LG sector specific competencies)

The list of applications received for the Special Merit Case reflect that most municipal senior managers have applied and most comply with three (3) of the four (4) prescribed requirements. The fourth requirement being Financial Management (FM) and Supply Chain Management (SCM) competencies are still lagging due to late registration for these specific disciplines. It should be noted that even though at least 33 municipal managers have fully complied with the competency levels, there are 225 municipal managers that have enrolled for the programme.

To contextualise the progress towards full compliance, the data sets received from municipalities show that most have complied with 3 of the 4 prescribed requirements. That is, Higher Education Qualifications, Core Managerial and occupational competencies in the form of the required signed Performance Agreements. Most municipalities that made applications in line with the above described process are still finalising the required fourth element on FM and SCM competency levels for more comprehensive compliance requirements under the issued regulations.

The list of municipality who have applied for the 18 months special merit case as from January 2013 is tabled below:

Special Merit Case status report as at 30 September 2013

Province

Number of Municipalities

Application received

%

Favourably
Considered

%

Pending Supporting information requested

Applications not received

%

EC

45

39

87

7

18

32

6

13

FS

24

24

100

7

29

17

0

0

GT

12

12

100

6

50

6

0

0

KZN

61

61

100

29

48

32

0

0

LIM

30

28

93

13

46

15

2

7

MP

21

21

100

13

62

8

0

0

NC

32

31

97

5

16

26

1

3

NW

23

21

91

5

24

16

2

9

WC

30

30

100

30

100

0

0

0

Total

278

267

96

115

43

152

11

4

The table below indicates municipalities that have failed to make the Special Merit Case applications.

EC

NW

NC

LIM

Ikwezi

Kagisano

Gamagara

Elias Motsoaledi

Makana

Tlokwe

Makhuduthamaga

Mbhashe

Mbizana

Sakhisizwe

Tsolwana

There is on-going support to encourage these 11 outstanding municipalities to finalise all the required presentations to National Treasury.

(3) The risk of non – compliance with the regulations on minimum competency levels are as follows :

a. The Auditor-General will audit compliance on the Regulations on minimum competency levels and issue a qualification for municipalities not complying with the requirements.

b. Section 54A and 56(b) of the Municipal Systems Act enable the Minister to determine, by regulation or through guidelines, a minimum level of skills, expertise, competencies and qualifications for municipal senior managers appointed from the date on which municipal senior manager takes effect. An appointment is null and void if the person appointed as municipal senior manager does not have the prescribed skills, expertise, competencies or qualifications.

These regulations are viewed as a very important intervention towards professionalising the local government administration and every effort from all quarters is needed to ensure that this vision is achieved towards making local government a 'career of choice'. This will result in good corporate governance in municipalities that will ultimately lead to better service delivery for communities.