ATC140404: Report of the Select Committee on Cooperative Governance and Traditional Affairs on its activities undertaken during the 4th Parliament (May 2009 – March 2014)
NCOP Economic and Business Development
Report of the Select Committee on Cooperative Governance and Traditional Affairs on its activities undertaken during the 4th Parliament (May 2009 March 2014)
Key highlights
1. Reflection on the Committees programme per year and on whether the objectives of such programmes were achieved
The 4 th Parliament was a very busy and productive political term, a number of Committee reports were thus tabled in the NCOP. The political term has been a successful one for the Committee, with almost all of its strategic plan and mandate achieved. The scope of work that still has to be achieved is outlined for the Committee to follow-up during the 5 th Parliament. The critical success factor for the Committee has been through meaningful intergovernmental relations in its oversight activities. Intergovernmental relations also play a key role in its approach in providing objectivity, mediation, and on-site investigation in providing hands-on support to municipalities.
2. Committees focus areas during the 4 th Parliament
The Committees oversight intervention focus was strategically resolute to realize the following objectives :
· Ensuring intergovernmental checks and balances aimed at guarding the integrity and efficiency of the intervention process;
· Ensuring that the Provincial Executive Councils sets out the how they intended to restore the fulfilment of the relevant obligations assumed in respect of the intervention and ensuring the fulfilment in the long term;
· Observing the principles of co-operative government;
3. Key areas for future work
· Expedite the promulgation of the legislation to regulate the implementation of section 139 of the Constitution Framework for Intervention.
· There is an urgent need to expedite the proposed legislation aimed at recognising the Khoisan Traditional Leadership, as the process has been delayed since 2003. The Committee was concerned about the plight of the Khoisan people, and their struggle to achieve recognition as traditional leaders and communities.
· There was a need for increased oversight efforts linked to Operation Clean Audit. The project is aimed at promoting good governance, strengthening financial management to achieve operational efficiency and encouraging accountability within Government. The ultimate goal is that by 2014, all 283 municipalities and provincial departments within the nine provinces will achieve clean audits on their annual financial statements.
· According to the Service Delivery Protest Barometer published by the Community Law Centre at the University of the Western Cape, the number of service-delivery protests doubled between 2007 and 2012. Municipal IQ recorded 112 service-delivery protests across South Africa from January to August 31 2013. Gauteng had the most protests (24%), followed by Eastern Cape (21%) and KwaZulu-Natal (14%). Therefore, a proactive oversight approach should be instituted to those service delivery protest hotspots. The approach will be the hallmark of dealing with any allegations of negligence, corruption and incompetence in those levels of government.
· On 22 January 2014, President Jacob Zuma signed a Proclamation directing the Special Investigating Unit (SIU) to investigate, amongst others, the allegations of serious maladministration in connection with the affairs of the Department of Cogta, improper or unlawful conduct by the officials of the Department, unlawful appropriation of public money and intentional or negligent use of public money.
The allegations to be investigated by the SIU relates to the following:
· The appointment of a service provider to provide technical support and administrative services in respect of the Ward Based Co-operatives Programme of Cogta.
· Payments that were made by the Department in a manner that was allegedly not fair, competitive, transparent, equitable or cost-effective; contrary to, among other things, legislation and policies.
4. Key challenges emerging
· Interventions are usually made far too late when a municipality is about to collapse. It takes considerable effort to put the municipality back on a stable footing. Yet if the intervention had been made earlier, when the first signs of a failure emerged, it could have reduced the harm to service delivery, be less costly and be more effective.
· In terms of section 154 of the Constitution, national and provincial government must by legislative and other means, support and strengthen local government to manage its own affairs. But for a variety of reasons, provinces have not been fulfilling their monitoring and support role effectively.
· A number of terms used in section 139 of the Constitution have been subjected to different interpretations, resulting in inconsistencies and uncertainties. The interpretation of terms such as appropriate steps, exceptional circumstances, and executive obligations have proved to be problematic. There is a need for conceptual clarity on this.
· It is not always clear why provinces intervene in some municipalities with problems and not in others. It sometimes seems that political and other criteria weigh unduly on decisions to intervene. Interventions, it is argued, are sometimes used to settle political scores.
5. Recommendations
· An intervention should be used as a last resort; early-warning and pre-intervention support mechanisms are needed. Some of the interventions could have been prevented if an early warning system, leading to proper support, had been in place.
· Where there are allegations of corruption, misappropriation of funds and maladministration, t he Minister for Cogta should approach the Hawks to pursue criminal investigation in all those cases.
· Salga in co-operation with Local Government Sector Education and Training Authority should facilitate training and capacity building for municipal councillors; to further deepen their understanding of the oversight role; legal framework and policies that govern the activities of municipalities.
· Provinces should ensure that there is a sound exit strategy after an intervention, with a role for the district municipalities in the after care. District municipalities have not determined their support roles, e.g. request progress reports on section 139 municipalities at their IGR Forums, determine areas of support and escalate matters to LG MinMec.
1. Introduction
The purpose of this report is to provide an account of the Select Committee on Cooperative Governance and Traditional Affairs on its activities in ensuring executive accountability, conducting oversight, facilitating public participation and passing legislation and interventions in terms of section 139 the Constitution during the 4 th Parliament and to inform the members of the new Parliament of key outstanding issues pertaining to the oversight and legislative programme of the Department of Cooperative Governance and Traditional Affairs, the Department of Public Service and Administration as well as their Public Entities.
This report provides an overview of the activities the Committee undertook during the 4 th Parliament, the outcome of key activities, as well as any challenges that emerged during the period under review and issues that should be considered for follow up during the 5 th Parliament. It summarises the key issues for follow-up and concludes with recommendations to strengthen operational and procedural processes to enhance the Committees oversight and legislative roles in the future.
The report is divided into six sections. The first section deals with departments and public entities accounting to the Committee. The second section deals with the functions and mandate of the Committee. Thirdly, it provides legislative and accountability statistics in respect of number of meetings held, legislation passed and notices interventions in terms of section 139 of the Constitution referred by House and considered by the Committee in terms of Rule 101 of the National Council of Provinces. The method of work and the approach the Committee employed is covered in the fourth section. Legislation referred to the Committee as well as the content related challenges are expressed in section five. Section six covers the oversight trips and study tours undertaken, as well as the content challenges encountered in that respect. Lastly, a summary of all outstanding issues requiring follow-up during the 5 th Parliament are outlined, and the way forward provided.
1.1 Departments and entities over which the committee exercise oversight:
There are two departments where the Committee plays an oversight role, namely, the Department of Co-operative Governance and Traditional Affairs (Cogta) and the Department of Public Service and Administration (DPSA). The table below provides information on the departments accounting to the Committee in terms of their constitutional mandates.
DEPARTMENT |
CONSTITUTIONAL MANDATE |
Department of Co-operative Governance and Traditional Affairs. |
Cogtas mandate is derived from Chapters 3 and 7 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). As a national department its function is to develop national policies and legislation with regard to provinces and local government, and to monitor the implementation of the following: · Intergovernmental Relations Framework Act, 2005 (Act No 13 of 2005) · Municipal Property Rates Act, 2004 (Act No. 6 of 2004) · Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003) · Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003) · Disaster Management Act, 2002 (Act No. 57 of 2002) · Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) · Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) · Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) |
DEPARTMENT |
CONSTITUTIONAL MANDATE |
Department of Public Service and Administration
|
DPSA derives its mandate from Chapter 10 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). It was established in 1996 in terms of the Public Service Act of 1994, to provide policy-making support to the Minister in carrying out constitutional and legislative mandate in the following areas: To transform and modernize the public service and oversee changes to the structure of the public service. To establish norms and standards for HRM&D, conditions of service, labour relations, IT and service delivery. To issue directives and regulations for the public service. To formulate the National Anti-Corruption strategy. |
Table 2: Public entities reporting to the Committee accounting to the committee in terms of their constitutional mandates
DEPARTMENT |
PUBLIC ENTITIES |
CONSTITUTIONAL MANDATE
|
Cogta |
South African Local Government Association (SALGA) |
Influencing government policy and legislation especially in so far as it affects the institution and traditional communities as well as forming cooperative relations and partnerships with government at all levels in development and service delivery. |
Local Government Water and Related Services SETA (LGWSETA) |
Promoting leanerships, skills development programmes and other education interventions to enhance the efficiency and effectiveness in local government |
|
Municipal Demarcation Board (MDB) |
Determining and revising municipal boundaries and delimiting the wards in accordance relevant legislation provisions.
|
|
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL) |
Monitoring state policy and legislative developments to facilitate the promotion and protection of the rights of all communities. |
|
National House of Traditional Leaders (NHTL) |
Promoting the role of traditional leadership within a democratic constitutional and preservation of the culture and traditions of communities.
|
|
South African Cities Network |
The SA Cities Network is an established network of South African cities and partners that encourages the exchange of information, experience and best practices on urban development and city management. |
|
DPSA |
Public Administration Leadership and Management Academy (PALAMA) |
PALAMA has been mandated as the training arm of government to professionalise, build capacity and support career advancement in the Public Service. PALAMA was officially launched in August 2008. |
State Information Technology Agency (SITA) |
SITA was established in 1999 to consolidate and coordinate the States information technology resources in order to achieve cost savings through scale, increase delivery capabilities and enhance interoperability. |
1.2 Functions of Committee:
Parliamentary committees are mandated to:
· Monitor the financial and non-financial performance of government departments and their entities to ensure that national objectives are met.
· Process and pass legislation.
· Facilitate public participation in Parliament relating to issues of oversight and legislation.
1.3 Method of work of the Committee
Since its first session in 2009, the Committee has made a concerted effort to devise appropriate working methods that adequately reflect the nature of the tasks with which it has been entrusted. In the course of its oversight activities, particular on section 139 interventions, it has sought to modify and develop a cooperative government approach in the light of its experience. This approach played a key role in providing objectivity, mediation, and on-site investigation and will continue to evolve.
The Committee has sought to coordinate its work with that of other bodies to the greatest extent possible and to draw as widely as it can on available content expertise in the fields of its competence. The Committee has also sought to draw on the expertise of the relevant specialized agencies, both in its work as a whole and, more particularly in the context of its oversight. It has also consistently invited individuals and commissions, especially the Financial and Fiscal Commission as well as the Auditor-General of South Africa. These contributions have added to its understanding of some aspects of the questions arising and challenges confronting local government.
1.4 Purpose of the report
This report covers the work of the Committee during the Parliamentary year from May 2009 until March 2014. It does a review on the activities of its oversight work on the Departments of Cooperative Governance and Traditional Affairs and Public Service and Administration, with a special focus on section 139 of the Constitution and related matters.
The contention adopted in this paper is that local government is expected to effectively attain its mandatory mission of delivering services that are adequate and responsive to the needs of the community. The Committee during its oversight-term, interrogated the Departments and related public entities, on what they were doing by asking deep questions, as to whether their programmes were having an impact, are effective, efficient, relevant, sustainable and were outcome-based .
2. Key statistics
The table below provides an overview of the number of meetings held, legislation processed and the number of oversight trips and study tours undertaken by the Committee during the 4 th Parliament:
Activity |
2009/10 |
2010/11 |
2011/12 |
2012/13 |
2013/14 |
Total |
Meetings held |
22 |
20 |
18 |
16 |
18 |
94 |
Legislation processed |
3 |
1 |
1 |
2 |
2 |
8 |
Oversight trips undertaken |
10 |
10 |
4 |
8 |
10 |
42 |
Study tours undertaken |
None |
None |
None |
2 |
None |
2 |
International agreements processed |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Statutory appointments made |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Interventions considered |
|
|
|
|
|
|
Petitions considered |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
3. Legislation
The following pieces of legislation were referred to the committee and processed during the 4 th Parliament:
Year |
Name of Legislation |
Tagging |
Objectives |
Completed/Not Completed |
2009/10 |
Cross Boundary Municipal Laws Repeal and Related Matters Act |
Sec 76 |
To amend the Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005, so as to provide for consequential matters as a result of there-determination of the geographical areas of certain provinces; and to provide formatters connected therewith. |
Completed |
2009/10 |
National and Provincial Houses of Traditional Leaders Bill |
Sec 76 |
To provide for the establishment of the National House of Traditional Leaders; to determine the powers, duties and responsibilities of the House; to provide for support to the House by government; to provide for the relationship between the House and the provincial houses; to provide for the accountability of the House; and to provide for matters connected therewith. |
Completed |
|
National House of Traditional Leaders and Governance Framework Amendment Bill |
Sec 76 |
To amend the Traditional leadership and Governance Framework Act, 2003, so as to substitute definitions and to insert definitions; to provide for the recognition of kingships or queenships and the withdrawal of such recognition by the President on the recommendation of the Minister; to provide for the establishment and recognition of principal traditional communities. |
Completed |
2010/11 |
Local Government: Municipal Systems Act |
Sec 76 |
To amend the local government: Municipal System Act, 2000 so as to insert and amend certain definitions and to make further provision for the appointment of municipal managers and managers directly accountable to municipal managers |
Completed |
2010/11
|
Regulations on the Participation of Municipal Staff Members as Candidates for National, Provincial and Local Elections.
|
|
These Regulations are in terms of Section 71A of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) as amended in 2008. According to this provision of the Act, it empowers the Minister to prescribe limits and conditions in a form of regulations for all municipal staff members, who during election period stand to be elected into public office.
|
Completed |
2010/11 |
Draft Disaster Management Volunteer Regulations and Explanatory Memorandum on the Objects of the Regulations |
|
Described the powers given to the Minister of the Department in case of a disaster, whether men made or natural, and the allowances given to the Minister when the need arose to bring in volunteers in a disaster hit area. |
Completed |
2013/14 |
Public Administration Management Bill |
Sec 76 |
To promote the basic values and principles governing the public administration referred to in section 195(1) of the Constitution; to provide for the transfer and secondment of employees in the public administration; to regulate conducting business with the State; to provide for capacity development and training; to provide for the establishment of the National School of Government; to provide for the use of information and communication technologies in the public administration; to establish the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit; to provide for the Minister to set minimum norms and standards for public administration; to establish the Office of Standards and Compliance to ensure compliance with minimum norms and standards; to empower the Minister to make regulations; and to provide for related matters . |
Completed |
2014/15 |
Intergovernmental Monitoring, Support and Intervention Bill. |
|
To regulate the implementation of, and the processes provided for in, section 139(1), (2) and (3) of the Constitution; and to provide for matters connected therewith
|
Not Completed |
a) Challenges emerging
The following content-related challenges emerged during the processing of legislation:
· The Committees position as the central legislative institution is expressed through its mandate to scrutinize, amend, and enact legislation.
b) Issues for follow-up
The 5 th Parliament should consider following up on the following concerns that arose:
- The Executive should be required to undertake an assessment before a Bill is tabled in Parliament, to examine the relevant and likely budgetary, financial, economic, administrative, social, gender, environmental and other impacts on local government.
4. Oversight trips undertaken
The following oversight trips were undertaken:
Date |
Area Visited |
Objective |
Recommendations |
Responses to Recommendations |
Follow-up Issues |
Status of Report |
18/08/2009 |
Koukamma Local Municipality |
To conduct oversight over the compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
19/08/2009 |
Alfred Nzo District Municipality |
To conduct oversight over the compliance of intervention in terms of section 139 (1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
12/11/2009 |
Mkhondo Local Municipality |
To conduct oversight over the compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
13/11/2009 |
Ngaka Modira Molema District Municipality |
To conduct oversight over the compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139 (1)(b) of the Constitution |
|
|
Report adopted. |
24/02/2010 |
Thabo Mufutsanyana local Municipality |
To conduct oversight over the compliance of intervention in terms of section 139(1)(b) of the constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
25/02/2010 |
Nala Local Municipality |
To conduct oversight over the compliance of intervention in terms of section 139(1)(b) of the constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
17/03/2010 |
Umhlabuyalingana Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
18/03/2010 |
Indaka Local Municipality |
To conduct oversight over the compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
19/03/2010
|
Okhahlamba Local Municipality
|
To conduct oversight over the compliance of intervention in terms of section 139(1)(b) of the constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
11/05/2010 |
Tswaing Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
13/05/2010 |
Madibeng Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
14/05/2010 |
Masilonyana Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
25/05/2010 |
Sundays River Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139 (1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
26/05/2010 |
Moses Kotane Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
27/05/2010 |
Thembisile Hani Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139 (1) (b) of the Constitution
|
|
|
Report adopted. |
|
|
|
|
|
|
Report adopted. |
19/08/2010 |
Mafikeng Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
09/11/2010 |
Msunduzi Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
06/03/13 |
Mtubatuba Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The intervention expired. |
|
|
Report adopted. |
08/03/2013 |
Imbabazane Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
13/08/2013 |
Bushbuckridge Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
14/08/2013 |
Emalahleni Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
15/08/2013
|
Umvoti Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
16/08/2013 |
Abaqulusi Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution
|
The House approved the intervention in terms of section 139(1)(b) of the Constitution
|
|
|
Report adopted. |
21/08/2013 |
Ditsobotla Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
21/08/2013 |
City of Matlosana |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House disapproved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
21/08/2013 |
Maquassi Hills Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
27/08/2013 |
Mnquma Local Municipality |
To monitor and oversee compliance of intervention in terms of section 139(1)(b) of the Constitution |
The House approved the intervention in terms of section 139(1)(b) of the Constitution |
|
|
Report adopted. |
a) Challenges emerging
The following content-related challenges emerged during the oversight visit:
One of the observations by the Select Committee on Co-operative Governance and Traditional Affairs with previous interventions was the procedures followed by intervening provinces which differed extensively. There were interventions with and without prior directives, interventions that relieved councillors of all their functions and those that took over the administration of the municipality. Clearly, no uniform procedure with the necessary checks and balances was used or even available. Many of the interventions, in particular those that omitted the 139(1)(a) directive, were legally unsound and open to constitutional challenge.
b) Issues for follow-up
The 5 th Parliament should consider following up on the following concerns that arose:
· T he promulgation of the legislation to regulate the implementation of section 139 of the Constitution should be expedited.
· Where clear responsibility and financial liability for mismanagement, maladministration or fraud are detected, the involvement of the Hawks and the South African Police Services (SAPS) will assist in the successfully pursuing of criminal investigations in all of these cases.
·
5. Study tours undertaken
The following study tours were undertaken:
Date |
Places Visited |
Objective |
Lessons Learned |
Status of Report |
29 June to 7 July 2012 |
Uganda |
To draw important lessons on the best practices in dealing with developmental policies on local government and improving service delivery, increasing efficiency, accountability, co-ordination, monitoring and evaluation, as well as governmental responsiveness.To visit their Legislatures in order to observe how local government issues are debated, monitored at parliamentary committee level. |
(a). The Parliamentary rules provide the provision for the establishment of Local Government Accounts Committee. Noting the recent negative local government audit outcomes, considerations should be given for the establishment of such a committee in the NCOP, to ensure specific, thorough, diligent and effective oversight in the diagnosis of audit matters and such a committee to make quicker and necessary interventions in ensuring local government is responsible and accountable. (b). The Buganda Kingdom provides an interesting cooperative governance arrangement between the Kingdom and the Government of Uganda. The Kingdoms traditional structure is organised in ministries which are parallel to that of the Government of Uganda. These ministries are complementary, and operate in unison with the Government of Uganda in ensuring the consolidation of unity amongst all, and for the benefit of the people of Uganda. (c). Lessons were noted on the Local Government Accounts Committee in Uganda, which examine, monitors and evaluate the municipal audit outcomes from the Auditor-General, as well as the state of municipalities reports. Linked to this observation are the fundamental principles of effective and efficient utilisation of public resources and transparent and accountable financial management practices. |
The report was adopted and ATCed. |
|
|
|
|
|
a) Challenges emerging
The following challenges emerged during the study tours:
· Technical/operational challenges
· Content-related challenges
b) Issues for follow-up
The 5 th Parliament should consider following up on the following concerns that arose:
·
6. Interventions
The following interventions were referred to and processed by the committee:
Title |
Date referred |
Current status |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution Ngaka Modira Local Municipality |
16 July 2009 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Mkhondo Local Municipality |
12 August 2009 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution Thabo Mfutsanyana Local Municipality
|
30 October 2009 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution Indaka Local Municipality
|
26 January 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Okhahlamba Local Municipality
|
26 January 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Umhlabayalingana Local Municipality
|
26 January 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Nala Local Municipality
|
26 January 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Masilonyane Local Municipality
|
17 February 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Sunday River Local Municipality
|
17 February 2010 |
Completed
|
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Madibeng Local Municipality
|
12 April 2010 |
Completed
|
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Tswaing Local Municipality
|
12 April 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Naledi Local Municipality
|
12 May 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Mafikeng Local Municipality
|
27 July 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Msundizi Local Municipality
|
4 November 2010 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Imbabazane Local Municipality
|
4 February 2013
|
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Abagulusi Local Municipality
|
8 April 2013 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Emalahleni Local Municipality
|
26 April 2013 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Bushbuckridge Local Municipality
|
2 May 2013 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Ditsobotla Local Municipality
|
2 May 2013 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Magaussi Hills Local Municipality
|
2 May 2013 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution in Matlosane Local Municipality
|
2 May 2013 |
Completed |
Notice of intervention in terms of section 139(1) (b) of the 1996 Constitution Nquma Local Municipality
|
2 June 2013 |
Completed |
a) Challenges emerging
The following content-related challenges were experienced during the processing of interventions:
· One of the observations by the Select Committee on Co-operative Governance and Traditional Affairs with previous interventions was the procedures followed by intervening provinces which differed extensively. There were interventions with and without prior directives, interventions that relieved councillors of all their functions and those that took over the administration of the municipality. Clearly, no uniform procedure with the necessary checks and balances was used or even available. Many of the interventions, in particular those that omitted the 139(1)(a) directive, were legally unsound and open to constitutional challenge.
b) Issues for follow-up
The 5 th Parliament should consider following up on the following concerns that arose:
· T he promulgation of the legislation to regulate the implementation of section 139 of the Constitution should be expedited.
· Where clear responsibility and financial liability for mismanagement, maladministration or fraud are detected, the involvement of the Hawks and the South African Police Services (SAPS) will assist in the successfully pursuing of criminal investigations in all of these cases.
·
6.1 Obligations conferred on committee by legislation:
The responsible to exercise oversight when one sphere of government intervenes in another in a manner that may affect its integrity. The NCOP is entrusted with the task of guarding against the abuse of the various powers of intervention. The specific instances where the NCOP exercises oversight is set out in terms of section 139 Constitution.
a) Challenges emerging
The following challenges emerged:
The Committee is required to determine whether the procedural requirements have been met; substantive requirements have been met; and provincial executive has used its discretion appropriately. The Committee can disapprove the intervention any time within 180 days after the intervention began. The intervention will end automatically if the Committee has not approved the intervention within the 180 day period or has disapproved it within the 180 days period. However, Parliaments Programme sometimes poses a challenge in complying with the constitutional window period to grant approval or disapproval of an intervention. This could be due to the recess and constituency period, and the Committees not been able to attend oversight intervention due to the NCOPs sitting.
b) Issues for follow-up
The 5 th Parliament should consider following up on the following concerns that arose:
· More oversight intervention time should be given to the Committee, given that section 139 interventions being a severe inroad in local governments functional and institutional integrity. Equally taking cognisance of the 180 days period.
2. Summary of outstanding issues relating to the department/entities that the committee has been grappling with
The following key issues are outstanding from the committees activities during the 4 th Parliament:
Responsibility |
Issue(s) |
SC on Cogta and the Department of Cogta |
(a). Expedite the promulgation of the legislation to regulate the implementation of section 139 of the Constitution Framework for Intervention. |
SC on Cogta and the Department of Cogta |
(b). There is an urgent need to expedite the proposed legislation aimed at recognising the Khoisan Traditional Leadership, as the process has been delayed since 2003. The Committee was concerned about the plight of the Khoisan people, and their struggle to achieve recognition as traditional leaders and communities. |
SC on Cogta |
(c). There is a need for increased oversight efforts linked to Operation Clean Audit. The project is aimed at promoting good governance, strengthening financial management to achieve operational efficiency and encouraging accountability within Government. The ultimate goal is that by 2014, all 283 municipalities and provincial departments within the nine provinces will achieve clean audits on their annual financial statements. |
SC on Cogta |
(d). According to the Service Delivery Protest Barometer published by the Community Law Centre at the University of the Western Cape, the number of service-delivery protests doubled between 2007 and 2012. Municipal IQ recorded 112 service-delivery protests across South Africa from January to August 31 2013. Gauteng had the most protests (24%), followed by Eastern Cape (21%) and KwaZulu-Natal (14%). Therefore, proactive oversight approach should be instituted to those service delivery protest hotspots. The approach will be the hallmark of dealing with any allegations of negligence, corruption and incompetence in those levels of government. |
SC on Cogta and the Department of Cogta |
(e). On 22 January 2014 President Jacob Zuma signed a Proclamation directing the Special Investigating Unit (SIU) to investigate, amongst others, the allegations of serious maladministration in connection with the affairs of the Department of Cogta, improper or unlawful conduct by the officials of the Department, unlawful appropriation of public money and intentional or negligent use of public money. The allegations to be investigated by the SIU relates to the following: The appointment of a service provider to provide technical support and administrative services in respect of the Ward Based Co-operatives Programme of Cogta. Payments that were made by the Department in a manner that was allegedly not fair, competitive, transparent, equitable or cost-effective; contrary to, among other things, legislation and policies. |
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