Briefing to the Portfolio Committee on Provincial and Local Government Compliance Reports and Legislation on Traditional Leadership Ms Lindiwe Msengana-Ndlela,

Briefing to the Portfolio Committee on Provincial and Local Government

Compliance Reports and Legislation on Traditional Leadership

Ms Lindiwe Msengana-Ndlela, Director-General

Cape Town24 June 2008

ContentsOverview of dplg Reports: (A)

Slide No.:

• Inaugural Annual Report on Disaster Management 3 ~ 33

• Report on performance of municipalities 35 ~ 67

• Inter-governmental Relations (IGR) Report 69 ~ 87

Overview of Legislation on Traditional Leadership:

• National House of Traditional Leaders Bill (B) 90 ~ 95

• The Traditional Leaders and Governance Framework Bill (C) 96 ~ 103

The dplg 224 June 2008

Presentation Overview: Disaster Management

1. Introduction and objectives of the Report

2. Progress

3. Challenges

4. How challenges have been addressed

5. Way forward and future outlook

6. Conclusion


1. In Terms of Section 24 of the Disaster Management Act, 2002;

2. The National Disaster Management Centre (NDMC) must submit a report annually to the Minister reporting on -

a) The NDMC’s activities during the year;b) The results of its monitoring of prevention and mitigation initiatives;c) Disasters that occurred during the year in each province;d) The classification, magnitude and severity of these disasters;d) The effects they had;f) Particular problems that were experienced with these disasters and generally

in implementing the Disaster Management Act and the National Disaster Management Framework (NDMF);

1. Introduction and Objectives of the Report


g. The way in which these problems were addressed;h. Progress with preparation of plans and strategies by organs of state; andi. An evaluation of the implementation of such plans and strategies.j. The Minister must submit the report to Parliament within 30 days after receipt

thereof from the NDMC.k. NDMC must at the same time submit a copy to each provincial and Municipal

Disaster Management Centre.

3. Report is the Inaugural Disaster Management Annual report.

4. A decision was taken to report from the 2006/07 financial year and reflect on progress since the promulgation of the Act.. (Page 18)

Introduction and Objectives …


1. The NDMC undertook a road-show to each province during latter half of 2007

• 20 July 2007 – 30 August 2007

2. National workshop with national public entities took place on 31 August 2007.

3. Prepared a template for national departments, provinces and municipalities based on the 4 Key Performance Areas and 3 Enablers in the National Disaster Management Framework.

4. Have collated information provided by stakeholders across 3 spheres of government as well as other relevant entities and statutory bodies.

2. Progess


Overall ProgressStructures (Pages 47 – 52)

1. The Intergovernmental Committee on Disaster Management (ICDM) was established on 13 June 2005 in terms of section 4 of the Disaster Management Act. (Page 47)

2. The National Disaster Management Advisory Forum NDMAF was established on 26 January 2007 in terms of section 5 of the Disaster Management Act. (Page 48)

3. The Head of the Centre was appointed on 1 May 2006 in terms of section 10 of the Disaster Management Act. (Page 52)

4. A fully operational Disaster Management Centre was established on 1 May 2006 in terms of section 8 of the Disaster Management Act. (Page 52)

5. The Provincial Disaster Management Committee was operationalised. (Page 63)


Overall Progress …

Information Technology (Pages 55 – 72)

1. The Pilot Project in the Eastern Cape has been completed and demonstrated to the rest of the provinces. A process of identifying local providers of similar systems is underway.

2. Phase 1 of the integrated Disaster Management Information System has been implemented (Live Fire Early Warning system in place) and Project Portfolio Office (PPO™) has been implemented to monitor and track the implementation of the Act.


Overall Progress …NDMC Support to Provinces, Municipalities and other countries (Pages 56 – 65)

1. Taung flood disaster during April 2006;2. Flooding in the Northern Cape Province that occurred in Namakwaland during

2005;3. Flood disaster in the Western and Eastern Cape Provinces during July/August

2006;4. Snow disaster in the Eastern Cape Province during August 2006; 5. Veld fires in the Northern Cape during December 2006;6. Further local support rendered includes the Drought Relief Programme in

collaboration with DWAF and assisting affected municipalities in the continuation of drought recovery programmes; and

7. At a regional level the NDMC Co-ordinated support from South Africa to Mozambique and Burundi.



Training and Capacity building (Pages 53 – 54)

1. Training and education standards for a professional disaster management career path were developed in collaboration with SAQA (Unit Standards for NQF Level 7).

2. A Research Learnership Programme focussed on Disaster Management and Early Warning Systems was implemented, based on the Masters Degree for Disaster Management from the University of the Free State (in collaboration with DST, DWAF and the CSIR).



Participation in International Forums (Page 15)

1. International Strategy for Disaster Reduction

2. United Nations Disaster Assessment and Coordination Committee

3. ProVention Global Disaster Risk Reduction Forum

4. South African Development Community

5. Indian Ocean Early Warning and Mitigation System Committee.



Other (Pages 52, 54, 62)

1. Regulations and priority guidelines identified.

2. Disaster Management Plans.

3. The Working on Fire Programme operated successfully.


Progress: Provincial and Local Dynamics

Province Disaster Management

Centre

Fully Functional

Head of Centre

Appointed

Forums Established

Disaster Management

Plans Finalised

Eastern Cape Yes Yes Yes (Acting) Yes Draft Free State Yes Yes Yes Yes Yes Gauteng In process Yes Yes Yes Yes KZN Yes – – Yes In process Limpopo Yes Yes Yes Yes In process Mpumalanga In process – – Yes – Northern Cape – – – Yes – North West Yes – – Yes – Western Cape Yes Yes Yes Yes In process *** The above table indicates that South Africa’s institutional capacity to proactively plan for, and react to, natural and human-made disasters has improved since the promulgation of the Disaster Management Act.

State of Readiness of Provinces (page 14)

South Africa’s ability to respond timeously to disastrous events within our borders is largely determined by the relevant disaster management structures and capacities being in place at the Provincial and Local Municipal levels. At the end of the 2006 / 2007 financial year, the provinces reported the following with regard to their state of readiness:


Progress: Provincial and Local Dynamics…

Summary1. Disaster Management Centres established -

67 % 22 % in process 11 % not established 56 % fully functional 56 Head of Centres appointed

2. Advisory Forums established – 100 %

3. Disaster Management Plans finalised - 67 %



ProvinceDM Centre Municipalities

with Fully Functional

Municipalities with Head of Centre Appointed

Municipalities with Forums established

Municipalities with DM Plan available

Municipalities with DM Framework

Municipalities with Information and Communication System

Eastern Cape 6 DMs1 Metro2 LMs

6 DMs 1 Metro2 LMs

6 DMs1 Metro 2 LMs

6 DMs1 Metro

No info 6 DMs1 Metro2 LMs

1 DM and Metro in the process

Free State 1 DM No 4 DMs 3 DMs 4 DMs20 LMs

4 DMs have drafts None

Gauteng3 Metros 1 DM

3 Metros 1 DMs

3 Metros3 DMs

3 Metros3 DMs

3 Metros 3 DMs6 LMs

3 Metros3 DMs None

KwaZulu Natal 5 DMs No info 1 DM 6 DMs 6 DMs 4 DMs4 LMs

None

Limpopo 4 DMs 4 DMs None 13 LMs None None None

Mpumalanga 2 DMs None None 1 DM None 2 DMs 21 LMs

Northern Cape 5 DMs 5 DMs 4 DMs 2 DMs None 2 DMs None

North West 3 DMs 3 DMs 3 DMs 2 DMs None 1 DMs None

Western Cape 5 DMs 5 DMs 5 DMs 4 DMs 5 DMs1 Metro

None 5 DMs1 Metro

Total 4 Metro32 DMs2 LMs

4 Metro24 DMs2 LMs

3 Metros26 DMs2 LMs

4 Metros27 DMs13 LMs

4 Metro18 DMs26 LMs

4 Metros22 DMs6 LMs

2 Metros6 DMs21 LMs

Source: 5-YLGSA Provincial Progress Reports, April 2008

State of readiness of Municipalities



Summary1. Disaster Management Centres established -

Metros – 67 % District Municipalities – 68 %

2. Disaster Management Centres fully functional - Metros – 67 % District Municipalities – 51 %

3. Heads of Centres appointed - Metros – 67 % District Municipalities – 55 %

4. Advisory Forums established - Metros – 67 % District Municipalities – 67 %



5. Disaster Management Plans finalised - Metros – 67 % District Municipalities – 38 %

6. Disaster Management Frameworks - Metros – 67 % District Municipalities – 47 %

7. Information Technology Communication Systems - Metros – 67 % District Municipalities – 13 %


National Sectorial Dynamics1. Inputs from the following national departments:

a) Department of Agriculture– Rolled out Disaster Risk Management Awareness Campaigns to educate farming

communities about disaster risk reduction principles.– Deals with results of its monitoring of prevention and mitigation initiatives.– Also with particular problems experienced in dealing with disasters and generally in

implementing the Act and the NDMF.– Has completed 2 policy documents, ie. The Agricultural Disaster Risk Management Plan

and the Drought Management Plan.

b) Department of Health – Drafted Health Disaster Management Policy.– Health Disaster Management Plan 50 % completed.– 2010 Disaster Management Sub-Committee established and meeting on 2 monthly basis.– Emergency Medical and Rescue Services of KZN, standby possible flooding within those

provinces post Tropical Cyclone Fario.– Representatives from HDOH and Free State EMS attended 4 th Annual Hospital and

Emergency Preparedness and Response Course in Thailand Bangkok, Thailand.


National Sectorial Dynamics…c) Department of Minerals and Energy Affairs

– Has submitted the National Nuclear Disaster Management Plan.– Has implemented this plan and trained its departmental functionaries.– On-site nuclear emergency plans for Koeberg Pelindaba are regulated and managed in

terms of National Nuclear Regulator Act.– Off-site nuclear disaster management plans responsibility of relevant 3 spheres of

government coordinated nationally.

d) National Department of Public Works– Custodian of an extensive asset register with properties located in 126 municipalities

situated on dolomite.– Minister of Public Works has instructed the creation of a Dolomite Risk Management

Section within the NDOW.– Also established of a National Dolomite Risk Management Working Committee consisting

of relevant National Departments.– Has fully implemented a risk management strategy on its own assets in Gauteng.– Has, through extensive training programmes developed a level of awareness and

vigilance with respect to dolomite dangers and sinkholes.


National Sectorial Dynamics…e) Department of Science and Technology

– Involved in a Research Learnership Programmes focussed on Early Warning Systems and Disaster Management.

– Learnership involved students undertaking a full time Masters degree in Disaster Management at the University of Free State and is combined with practical work experience in various government departments.

– Started in 2006 with 15 learners, 7 unemployed science graduates and 8 employed at different municipalities.

f) Department of Water Affairs and Forestry – Key Focus Area of dealing with Veld and Forest fires was identified.– Establishment of 18 FPAs were registered in 2006/07, which brought total to 77.– Veld Fire Management Strategies were successfully implemented in various municipal

areas (Greater Cederberg and Potchefstroom).– NDMAF Fire Working Group meets quarterly.– In management of water resources DWAF spearheads initiatives to ensure access to basic

water services by unserved South African.– DWAF convenes SA Water Sector during disasters to assist other countries on a

partnership basis.


National Sectorial Dynamics…g) The South African National Defence Force

– Provinces assistance in the form of Disaster Aid and Disaster Relief.– Participate in all the Disaster management Structures, ie. The ICDM, NDMAF,

Provincial and Local Advisory Forums. The Joint Operations Division is the nodal point for any request.

– Gave support to the NDA with respect to sivine fever activities, to dplg with respect to fire fighting during December 2006/07.

– Assistance given during Operation Litchi II in Mozambique – Aim to provide military air transport for humanitarian relief in flood affected areas in Zambezi river basin during March – April 2007 – Cost R13 million.

h) South African Police Service – Most advance in having proper Disaster Management Strategy, Policy and

Contingency Plan in place.– All provincial representatives were involved.– Various provinces have been involved in providing support during report period.


National Sectorial Dynamics…i) South African Qualifications Authority

– Assisted dplg in the development and registration of qualification standards on a Level 7, ie. a disaster management degree level.

j) South African Urban Search and Rescue (USAR)– SA only country in the SADC region with an USAR capacity.– Provided assistance to Kashmir, Pakistan earthquake in the Kashmir Mountains and

carried out medical operations in a remote field hospital. More than 100 persons were rescued.

k) South African Weather Services – Plays an integral role in disaster risk reduction activities.– Has issued a number of advisories and warnings for severe weather events by TV,

radio and SMSs, specifically to disaster managers in 3 spheres of government.– Collaboration demonstrated in early August 2006 – devastating storm on Cape

South Coast, snow and even a tornado in Mpumalanga.– SAWS maintains a climatological database of SA Weather data which is regularly

used in disaster risk reduction and mitigation activities by various role-players.


Examples of Best PracticesChapter 8 of the report deals with the following best practices –

1. City of Tshwane: Disaster Management Primary School Guide Pack - (pages 147 - 148)− Is an initiative to comply with legislative requirements of Disaster management Act, promoting

disaster management capacity building in schools.− It is a combined effort of the African Centre for Disaster Studies (North West University) and

the Tshwane Disaster Management Centre which includes teacher training and is done in liaison with the Department of Education.

2. Nelson Mandela Bay Metropolitan Municipality: Flash Flood Warning System - (page 148)− Started developing a Flash Floods warning system in collaboration with PEWS and the

Hydrological Research Centre in the USA to involve local scientist of the different countries in SA, Central America and the USA in implementing the system and to provide a regional flash flood guidance system.

3. KZN-Department of Agriculture and Environmental Affairs. - (page 149)− Has given consideration to “piggy backing” disaster management activities on existing, but

similar activities which ensure available expertise, prevent duplication and do not burde-staff with additional meetings. Example: KZN drought activities “piggy backed” on the Water and Sanitation programme.


Examples of Best Practices…

4. Mopani District Municipality – Rabies Awareness Campaign – (pages 149 - 151)− Awareness of outbreak of rabies was raised by distributing 60 000 pamphlets with

information in 4 languages to all affected and non-affected areas.− Posters were also designed and response of communities in bringing thousands of

animals to be vaccinated showed success.

5. Ethekwini Metropolitan Municipality - Disaster Management Centre Activation Measurement System - (pages 151 - 152)

− Has developed a NDMC activation measurement system based on the nature of co-ordination needed to provide response agencies with the appropriate structure within which to operate.

− This emphasises the importance of the co-ordination/facilitation/information management role the MDMC should perform.


Examples of Best Practices…

6. Uthungulu District Municipality - Shared Fire-fighting Services - (pages 152 - 153)− A shared service centre housing a Disaster Management Centre and fire fighting

services, a training centre for fire-fighting personnel, municipal health services and bulk stores was established with funding approved by a Project Consolidate Project.

− Four satellite stations were established and 25 personnel, 6 for each local municipality were appointed.

7. Thabo Mofutsanyana District Municipality - Snow Incident Management - ( page 154)− “Snow Protocol” forum established is a cross border initiative between KZN and

Free State responsible for planning of operations in the event of heavy snowfall along the N3 corridor at Van Reenens Pass and surrounding areas.

− At these meetings of this forum contingency plans of all stakeholders are reviewed and updated.


3. Challenges

Overall (Page 17)

1. Financial constraints included:a) Start-up funding by National Government for the establishment of Disaster

Management Centres and risk assessments as mentioned in the National Disaster Management Framework did not materialise; and

b) Disaster risk reduction activities have not been included in the budgeting process of the municipalities.

2. The funding mechanism for post-disaster reconstruction and rehabilitation is perceived to be lengthy and cumbersome. Some municipalities lack the capacity to implement projects utilising approved reconstruction and rehabilitation funding.


Challenges…3. Capacity constraints proved to be an inhibiting factor, particularly in relation to:

a) Disaster Management Specialists;b) Engineering Capacity;c) Project Management Capacity;d) Disaster Management Information Technology Specialists; ande) The shortage of suitably qualified personnel.

4. There is a need for strengthened monitoring, reporting and evaluation in respect of post-disaster reconstruction and rehabilitation.

5. Provincial and Local Dynamics –• As slides 8 and 9 indicates, some provinces and municipalities are lagging behind in

implementing the Disaster Management Act (KZN, Mpumalanga, Northern Cape and North West).

6. Sectorial Dynamics –• Most of the national organs of state need to develop their disaster management strategies and

plans (which include contingency plans in terms of section 25 of the Disaster Management Act).• An overall risk and vulnerability assessment must be conducted to compile a comprehensive

indicative risk profile.


4. Addressing the Challenges1. Financial constraints - (referring to slides 24 and 25)

a) Further discussions with National Treasury on start-up funding for the establishment of Disaster Management Centres have taken place and are being pursued. The assistance of the Committee is requested in following up these discussions.

b) Municipalities are encouraged through provinces, to provide for risk reduction activities in their budgets.

2. Discussions with National Treasury to address the process of funding for post-disaster reconstruction and rehabilitation. They have committed to come up with a process less time-consuming.

3. Some of the capacity constraints will be addressed in various ways –– Dedicated services – NDMC– Development of unit standard qualifications for Level 3 – 6 and Level 7 (already

finalised and registered).– Learnerships programmes.– Disaster Management Executive (Chairpersons) Programme introduced.


Addressing the Challenges…

4. The monitoring, reporting and evaluation process in respect of post-disaster reconstruction and rehabilitation is being addressed and a service provider has been appointed for this purpose.

5. The Provinces and municipalities which are lagging behind with implementation of Disaster Management Act have already been informed in PDMC meeting and NDMC is busy with a supporting programme in this regard.

6. National organs of state have already been made aware of the fact that they must develop their disaster management strategies and plans (NDMAF) and the NDMC will embark on a support programme to enhance this.

Disaster management TAC has been established to manage the conducting of risk and vulnerability assessments.


Aspects mentioned by Portfolio Committee –– Committee to arrange a joint meeting with the dplg and National Treasury on adequate

start-up grants and resourcing of disaster management centres at all spheres of government.

• Although numerous discussions and meetings between dplg and National Treasury to addressed this aspect have taken place, the Committee never formed part of these discussions.

– Dplg must formulate and conduct capacity building/awareness workshops across all spheres of government for political support for disaster management.

• This aspect was partly addressed by the Committee visiting the Western Cape, the Eastern Cape and Gauteng to hold workshops on disaster management.

– Request the dplg to develop an evaluation and monitoring mechanism to gauge disaster management preparedness across all spheres.

• The dplg has developed a monitoring and evaluation instrument during 2006/07 and will further report on progress in this regard in the 2007/08 report.

How the Report addresses previous Questions from the Committee


• Both the 5Y LGSA (2008-2011) and the dplg Business Plan 2008/09) emphasise that fact that the implementation of the Disaster Management Act by provinces and municipalities should be expedited and that the NDMC should further give hands-on support to the other two spheres of government to achieve that.

• The dplg Business Plan has also set targets for the development of contingency plans in the host cities for the 2010 FIFA World Cup Soccer Tournament.

• Other actions to enhance the implementation of the Disaster Management Act:– Development of guidelines.– Technical Advisory Committee established to management the conduction of risk and

vulnerability assessments throughout the country.– Monitoring and evaluation instrument to be refined and implemented to do a gap analysis in

every province.– Draft Volunteer Regulations to be finalised.– Develop a National/Incident Management System for host cities with a view to the 2010 FIFA

World Cup Soccer Tournament.– Conduct assessment of host cities and other identified regions state of readiness.– Development of Disaster Management Communication Strategy (inclusive of early warning

preparedness and rehabilitation messages).



Way forward and future outlook …• The inaugural report gives an overview of how the challenge in building pro-active and

responsive disaster management capacity and capability across all spheres of government is being addressed. Some of the targets set in the Local Government Strategic Agenda 2008 – 2011 have been met and the dplg Business Plan.

• The process in compiling the 2007/08 Report has commenced on 30 April 2008 and the next report will be submitted to Parliament at the end of November 2008.


6. Conclusion

1. The report is an indication of the steady progress of the implementation of the Disaster Management Act No. 57 of 2002 by all spheres of government.

2. The NDMC has made good progress in establishing national disaster management structures such as the Intergovernmental Committee on Disaster Management and the National Disaster Management Advisory Forum and providing advice to disaster management stakeholders on the implementation of the Disaster Management Act.

3. It has also commenced with its overall monitoring and evaluation role in terms of the Act by developing the necessary monitoring and evaluation and project management mechanisms.


Report on Municipal Performance 2005/06

Presentation Overview: Municipal Performance

1. Introduction and Objectives of the report

2. Progress

3. Overall challenges

4. How the report addresses previous questions from the Committee


6. Process towards the next report

7. Conclusion


1. Introduction and objectives

1.1 Section 46 (1), states that, a municipality must prepare for each financial year a performance report, reflecting : the performance of the municipality and of each external stakeholder during that financial year, compare with targets and indicate measures to improve performance;

1.2 Similarly, Section 47 states that, the MEC for Local Government must annually compile and submit to the provincial legislatures and the Minister a consolidated report on the performance of municipalities in the province, reflect underperforming municipalities and propose remedial actions to be taken;


Introduction and objectives cont…

1.3 This report is presented in terms of Section 48 of the Municipal Systems Act, no 32 of 200 which requires that, the Minister to compile and submit a consolidated report to Parliament and to MECs of Local Government on municipal performance according to the general key performance indicators and the report must be published on the government gazette. These indicators are prescribed in the Municipal Planning and Performance Regulations (2001);

1.4 This report should also be read in conjunction with the dplg 2005/06 annual report; and

1.5 The report on Municipal performance was submitted to Parliament on 30 May 2008.


2. Progress


2.1 Overall

• All provinces have submitted section 47 Municipal Performance reports by December 2007, which were used for the compilation of Section 48 report. These were supplemented by the dplg reports, National Treasury, Cabinet Lekgotla report for 2006, and selected section 46 annual reports. Only Northern Cape submitted sec 47 reports for the past three financial years, i.e. 2003/04, 2004/05 and 2005/06.

• Eight provinces indicated that their sec 47 reports have been submitted to their Provincial Legislatures for approval and 3 have been approved (KwaZulu Natal, Limpopo and Western Cape


Compliance with sec 46

Analysis: 62% of municipalities submitted their sec 46 reports. Only Western Cape and Mpumalanga municipalities had 100% sec 46 of the MSA. Northern Cape indicated they relied on secondary data only to compile sec 47 report.

Submission of Section 46 Reports

58 60 64

25

40

100

0

52

100

0

20

40

60

80

100

EC FS GP KZN LP MP NC NW WC

Provinces

subm

issi

on r

ate


Progress: National Sectoral

• The dplg as a coordinating department has made efforts to support municipalities to implement the Municipal Systems Act through the development of the Municipal Planning and Performance Management Regulations, 2001.

• Similarly National Treasury is providing hands–on support to selected municipal for the implementation of the MFMA.


Examples of case studies

• The dplg conducted a readiness assessment of the Offices of the Premier as well as the provincial DLG on Monitoring, Reporting and Evaluation and challenges of fragmented systems for monitoring performance of municipalities were cited.

• National Treasury conducted an audit of how much data is being collected in 50 municipalities and came out with the same results.


2.2 Progress: Provincial and Local


KPA 1: Municipal Transformation and Organisational Development

The KPA focuses on the capacity of a municipality to perform its Mandate for developmental local

government, with emphasis on filling of vacancies, Employment Equity and Skills Development, and

implementation of PMS..

• Good Progress was reported on the filling of Section 57 posts ranging between 71% in Eastern Cape and 92% in Gauteng.

• Percentage of women Mayors increased from 19% in 2004 to 40% in 2006.

• Good progress was reported on the implementation of Individual PMS in terms of Section 57 with all provinces reflecting over 70% in the filling of posts.


KPA 1: Municipal Transformation and Institutional Development

Filling of Sec 57 posts

EC FS GTG KZN LIMP MPU NC WC

Filled 71 80 92 77 87 89 0 89

Acting 0 0 2 0 8 1 20 0

Vacant 29 20 6 23 5 10 10 11

0102030405060708090

100

SECTION 57 POSTS

Filled Acting Vacant

Analysis: The number of vacant posts ranges from 6 in Gauteng to 29 in Eastern Cape. NC shows the highest number (20) of acting sec 57 managers.


KPA 1: Municipal Transformation and Institutional Development

Adoption of Performance Management Systems Framework

11

29

5856

87 86

72 70

0

10

20

30

40

50

60

70

80

90

EC FS GP KZN LP MP NC WC

% Municipalities with Oragnisational PMS

Analysis: Implementation of Performance Management System shows Improvement with rating between 11% in Eastern Cape and 87 in Limpopo.


KPA 1:Challenges and examples of support

• The number of women Municipal Managers increased by only 1% (from 6% in 2004 to 7% in 2006).

• The reports indicate slow progress in the implementation of the section 38 Organisational Performance Management System and in building organisational capabilities. As a result, some municipalities relied on external service providers to augment their capacity to implement PMS, usually with limited or no skills transfer.

Examples of provincial support to municipalities• KwaZulu- Natal has prepared a municipal recruitment framework for municipalities to ensure that Sec 57 posts are filled and equity targets

are met.• Free State has developed a Performance Management System

framework.• Gauteng and Western Cape have conducted and developed a

competency profile and assessments respectively.


KPA 2: Basic Service Delivery

The KPA focuses on the provision of basic services as required by the Constitution and progress made in

meeting the targets set on the Vision 2014.

a. 73% of households had access to electricity compared to 30% in 1994.

b. Access to Free Basic Water increased from 67% in 2005 to 71% in 2006.

c. 60 000 buckets were eradicated from the original number of 252 254 that were identified in 2005.

d. The Municipal Infrastructure Grant (MIG) report indicates that five out of the nine provinces were able to spend more than 80% of their MIG allocations by 2005/06 and these are Eastern Cape, Free State, KwaZulu-Natal, Limpopo and Western Cape.


KPA 2: Challenges and examples of support • Unconfirmed infrastructure backlogs and aging infrastructure • Provision of Free Basic Services in farm areas• Lack of managerial, technical capacity and Project management• Costs of backlog eradication • Delays in procurement or supply chain management processes

Examples of National and Provincial to support municipalities (pg 28)

National:• Scaling up of hands-on support to Project Consolidate municipalities through Siyenza Manje programme. • Dplg provided support to municipalities on the implementation of the Indigent policy.

Provincial:• Mpumalanga established a project management unit to manage MIG fund.• KZN supported municipalities in developing energy sector plans.


KPA 3: LEDThe KPA focuses on the capacity of the municipalities in providing its economic

development role through local economic development, poverty alleviation and job creation

programmes.

• Good progress on the establishment of the Municipal Infrastructure Investment Unit (MIIU) in creating favourable conditions between the private sector and government to address municipal infrastructure challenges since its inception in 1998. (pg 30)

• A total of about 325 projects with a combined value of R7 billion were successfully completed through MIIU. (pg 31)

• Similarly great strides were also noted in the employment of women and youth through the MIG projects, with 52% of women employed in Municipal Infrastructure Grant projects by 2005.


Challenges and examples of support

• Provinces have not reported on the number of jobs created through their LED initiatives including the capital projects. This shows difficulty experiences by municipalities on reporting this indicator.


National:• dplg developed an LED framework to guide municipalities.• the dti is supporting municipalities with Samll Entrepeneurship Development Agency (SEDA) in partnership with development agencies.

Provincial:• Limpopo provincial government has established a number of LED funds to support projects with the support of the European Union.• Western Cape deployed Local Economic Relations managers and conducted raodshows to assist municipalities with LED.• Free State provided support to a number of projects.


KPA 4: Municipal Viability and Financial Management

The KPA focuses on the progress made by the municipality in ensuring its own sustainability and financial viability. Three general Key Performance

Indicators are prescribed to measure financial viability i.e. debt coverage, outstanding services debts to revenue

and cash flow.

• Compliance with the MFMA is improving with an increasing number of municipalities approving their budgets by the deadline. The submission of the Annual Financial Statements to the Auditor-General also improved.

• Tabling of budgets ranged between 16% to 79% whilst adoption of budget on time ranged between 92%and 100% (see next slide).

• Information received from provinces and National Treasury indicates that the aggregate municipal budgets doubled between 2001 and 2006 from R64 billion to R119 billion.


KPA 4: Municipal Viability and Financial Management

Analysis: The adoption rate is overall good, ranging from 92% to 100%.

Budget Tabled and Adopted 2005/6

0

50

100

% Tabled on time % Adopted on time

% Tabled on time 47 16 79 41 58 57 44 20 70

% Adopted on time 96 92 100 97 100 100 97 100 100

EC FS GP KZN LP MP NC NW WC


KPA 4: Challenges and examples of support

• The tabling of budgets on time ranges from 47% to 79% in all provinces.

• The Auditor General indicated a need to support municipalities on the implementation of the Generally Recognised Accounting Practices (GRAP).


National: • National Treasury has established a helpdesk and email facility to assist municipalities on the implementation of the MFMA.• A total number of 57 municipalities were assisted to complete their annual financial statement as well clearing backlogs.

Provincial:• Western Cape Provincial Treasury established a debt management task team.• Gauteng deployed a total number of 15 chartered accountants to assist with billing, debt management, credit control and compliance with MFMA.• KwaZulu-Natal launched a best practice model on credit control and debt management and provided direct support to a number of municipalities.


KPA 5: Public Participation and Good Governance

The Constitution, Municipal Structures Act and the Municipal Systems Act requires that Local Government should encourage and develop

processes, systems and structures for public participation and involvement in provision of services.

• Considerable progress has been achieved in establishing Ward Committees. Percentage of Ward Committee with Mpumalanga (100%), Limpopo and Free State (99%), Gauteng (80%).

• A total of 1295 Community Development Workers were deployed through the Local Government SETA Learnership during the reporting period, Mpumalanga (330), Limpopo (287), Gauteng (198) and Free State (480).

• All Provinces reported that they have established the Premiers Coordinating Forums. Good progress was made in bringing government to the people in 2005, with 15 Presidential and 53 Ministerial Izimbizo held nationally.


KPA 5: Challenges and examples of support

• Insufficient information was provided on the progress made on the establishment of District Coordinating Forums.

• No information on the functionality of the Ward Committees.• Implementation of the issues raised during the Presidential Izimbizo

remains a challenge.


National: • The dplg developed a policy framework to guide municipalities on the functionality of Ward Committees

Provincial:• Mpumalanga developed manuals for the “Train the Trainer” programme in partnership with the Development Bank of Southern Africa (DBSA)• Free State in partnership with SALGA conducted capacity building programme for Ward Committee members


Progress: Cross Cutting Issues

The KPA cuts across all government programmes and focus on processes that ensures mobilization of government resources across

the three Spheres.

• IDP Hearing Report shows that 98% of the Integrated Development Plans were adopted by Councils in 2006.

• Development of Spatial Development Frameworks progress ranging between 60% and 100%.

• Implementation of the Disaster Management Act shows good progress in six provinces i.e. KZN (100%), EC (89%), Free State and Limpopo (80%) NW (75%), Gauteng (67%).

• 139 municipalities including rural and urban presidential nodes and 16 former cross boundary municipalities benefited from Project Consolidate technical support.


Cross Cutting Issues: Challenges and examples of support

• Challenges with the credibility of the IDP’s in different provinces and intergovernmental collaboration.

• Implementation of the Disaster Management Act.

• 43 % (123) of municipalities participated in Municipal Performance (Vuna) Awards in 2006, which is a decline from 74% participation in 2003 and 55% in 2004.

Examples of National and Provincial to support municipalities

National: •The dplg developed Guidelines for PDGS and a template for determining the credibility of the IDPs aimed at strengthening the development of IDPs and improve participation of the national and provincial sectoral participation.

Provincial: (pg 46)•Limpopo and KwaZulu-Natal assisted municipalities to develop and adopt their PDGS, Spatial Development Frameworks and PDGS.•Provinces provided support to municipalities in Training, installation of emergency call boxes etc.•A national template was developed and municipalities assisted with the completion thereof. The dplg 5824 June 2008

3. Overall challengesNeed to improve implementation of the Performance Management System:

3.1 Implementation of Performance Management System started in 2001 and all municipalities were required to fully implement by 2006. An audit of Organisational PMS which was conducted in 2006 revealed that only 27 municipalities were implementing PMS.

3.2 Lack of capacity and expertise at municipal level to plan, implement, monitor, report and evaluate municipal performance. The position of the PMS champion is currently at a level below Section 57 Managers leading to accountability and compliance challenges.

3.3 Poor linkage of the organisational Performance Management Systems (PMS) implementation to the Integrated Development Planning process and Service Deliver Budget Implementation Plan.

Improve Capacity:

3.4 Municipal councils and provincial legislatures play a limited oversight role in ensuring compliance to Sec 46 and Section 47, respectively.

3.5 Amongst others the following major challenges were identified;– PMS is an “add-on” function to other existing functions– Lack of knowledge and expertise to develop organisational PMS– Lack of oversight role played by legislature, municipal councils and communities


Overall challenges cont….

Need to improve Monitoring and Reporting:

3.6 Absence of prescribed format and guidelines for the MSA municipal performance reporting has led to difficulty in analysing and interpreting the data received from provinces.

3.7 Lack of a systematic approach to the monitoring, reporting and evaluation of local government by the dplg and other stakeholders results in duplication of efforts. There is a need to streamline reporting and timeframes.


4. How has the report addressed previous questions from the

Committee?

• The department’s response to the questions on compliance were addressed through Ministerial letters to the:

– Premiers; – Provincial Speakers; and – Provincial MECs


5. Way forward and future outlookOUTLOOK 2006-2011

(Addressing the overall challenges)


Addressing challenges Improving the implementation of PMS in the municipalities:

5.1Development and implementation of a National PMS Implementation Strategy

5.2 Profiling of municipalities performing below selected PMS development and implementation standards to ensure targeted strategic interventions

5.3 The dplg in partnership with the Provincial Departments of Local Government will roll out technical hands-on support to identified municipalities. From the case studies, a PMS Good Practice Model and Toolkit will be developed and replicated to identify municipalities lagging behind with the PMS implementation.

5.4 Review of dplg’s Performance Management Guidelines for municipalities (2001) to ensure synergy with the MFMA. 6.9 Harmonization, alignment and integration of MSA and MFMA reporting requirement and timeframes.

5.5 Hands on support to low and medium capacity municipalities will be provided to ensure development and implementation of Performance Management Systems.


Addressing challenges …

Capacity Building :

5.6 SALGA’s capacity building interventions will be strengthened to support municipal councils in providing their oversight role in the implementation of Performance Management Systems to ensure compliance with Sec 46.

5.7. In particular, focus will shift towards capacity building to carry out mandated service-delivery responsibilities for the entire municipal area.

5.8. Implementation of the 5-Year Local Government Strategic Agenda will focus on the mobilisation of national and provincial departments, SALGA and other relevant strategic partners to build capacity in municipalities.

Monitoring and Reporting:

5.9 The dplg will work with provinces to develop a systematic approach to the monitoring, reporting and evaluation of local government, and to date a national template has been developed to guide the development of Section 46, Section 47, and 48 reports.


6. Key Success Factors

The consistent and structured reporting will be realised through the following Key Success Factors:

• The political will and support by Premiers, Local Government MEC’s, Provincial Speakers and Councilors and a meaningful and visible oversight role in ensuring compliance to Section 46 and 47 reporting requirements.

• SALGA’s intervention, capacity building and support to municipalities.

• Accountability and commitment towards service delivery.

• Establishment of Monitoring, Reporting and Evaluation structures at National, Provincial and Local level.


7. Process towards the drafting of the next reports

• The process towards the development of 2006/07 report has commenced.

• Hands-on support will be provided to provinces to finalise their section 47 reports.

• Discussions are underway with National Treasury and the Office of the Auditor General to streamline, standardise and confirm timeframes for reporting by municipalities.


8. Conclusion

• This first Section 48 report on municipal performance has revealed the extent to which further investment is needed and municipalities will be assisted to monitor and report on service delivery.


Intergovernmental Relations Framework Act

Presentation Overview: IGR Framework Act

1. Introduction and objectives of the Report

2. Progress

3. Challenges

4. How challenges have been addressed


6. Conclusion


1. Introduction and objectives1. The IGR Inaugural report is developed in compliance with Section 46 of

the IGRF Act promulgated on the 15 August 2005.

2. The purpose of the report is to:

• Inform government on the status of implementation of the Act;• Assess the conduct of intergovernmental relations in the Republic; and• Provide a set of qualitative and quantitative indicators to be utilised as

basis of measure for future reports.

3. Not yet sufficient empirical data at to undertake a comprehensive practitioners’ based impact study on intergovernmental relations, thus

4. The Report draws from secondary data sources within and outside of government, e.g. PRC, Reports on 5-Year LGSA, Provincial IGR Reports, research commissioned for the 15 year review and various research studies.


2. Progress: Overview

2.1 Overall Progress:

Progress is dependent upon:• The level of cooperation between the three spheres of government; • The degree to which each spheres discharges its constitutional

responsibilities based upon principles of interrelatedness; and • Conscious fostering of cohesive government and commitment to

development outcomes.

Demonstrable progress is evident in the areas of:

2.2 Systemic Issues: evolution and institutionalisation:

• National, Provincial and District IGR Forums established; district / provincial forum interaction improving;

• Recognition of strategic role of IGR structures to foster integration and alignment on key government-wide progammes; and

• Functionality improving - application of IGR processes and instruments: internal procedure, adoption of resolutions, IGR policy development.

(See Report Pgs 23,24)


Progress: Overview …2.3 Governance and development

• Improved management of disputes and interventions;

(See Report P. 53)• Improved fiscal certainty and predictability (MIG, DORA, ES, MTBS,

Provisions of MSA on assignments; performance budgeting and the MTEF and ENE). (See Report Ps 28,29)

2.4 Integrated planning and service delivery

• Progressive improvement in alignment of policy and planning within and across spheres – credible IDPs, provincial and district-wide coordination; cross-cutting IG implementation of strategic priorities of the LGSA.

(See Report P.20)

2.5 Monitoring and support• Intergovernmental support to local government transformation agenda and

government-wide monitoring, evaluation and support: regulatory oversight and support critical in a decentralised system with overlapping functional powers, and with policy implementation and service delivery challenges.

(See Report P.54)


Progress – provincial and local dynamics

Intergovernmental relations fosters the ‘whole of government’ approach to ‘business unusual’ for accelerated service delivery, providing for: • Greater emphasis on effective governance for successful integration of national priorities in local spaces (e.g. objectives of Vision 2014 given expression through the LGSA, ASGISA, Project Consolidate).

(See Report P.33, P. 47)

And for:Progress in functional coordination – application of powers and functions to promote development in local spaces, providing for:

• Improved provincial and local coordination in planning and alignment (PGDS, IDP, LED) for service delivery, infrastructure development and a conducive environment for growth and development strategies.

•Use of Implementation Protocols: Former Cross Boundary Municipalities. (See Report Ps 39-42, the URP Case Study; P.42, Mini Case Studies )


Progress – provincial and local dynamics …

There is recognition that inclusive local economies require coordinated action of all spheres and sectors of government and the support of national and provincial depts.

• The LGSA is standing item on PCF agendas; OtPs and DLGs.

• IGR Forums provide point of coordination and strategic direction for regional growth and development:

(See Report P. 23 for N. Cape PCF role in bucket system eradication and Reduction in Infant Mortality Programmme)

• Role of intergovernmental stakeholder networking between government and non-government partners in successful service delivery and development outcomes.

Case Study: See Free State Provincial Govt and Mangaung Host City: 2010, for cooperation in working relationships between city and province for major international sporting event. (See Report P.46)


Progress overview – national and sectoral dynamics

Intergovernmental structural tensions are embedded in the cooperative governance system which provides for the practice of concurrency between national and provincial spheres (powers and functions)

Performance of functions is institutionalised via:The Strategic Planning Cycle

The Programme of Action Cluster Committees Technical Committees The 17 sector-based IGR Forums Sector engagements for implementation of government programming;

Apex projects (See Report P. 44)

Conflict over performance of functions:In the case of disputes or the need for interventions arising from structural tensions or conflicts at provincial or local level, a comprehensive framework for Dispute Resolution has been put in place that offers adversaries a procedural and non-judicial route to settlements.

(See Report P. 48-50)


Progress overview – national and sectoral dynamics

…

Integrating policy, planning and fiscal mechanisms for joint work demands sophisticated budgetary and policy coordination at national level.

Sector management of coordination: Sector policy frameworks and master plans require knowledge of the Constitutional Schedules, and management of concurrency: e.g.

– Joint programming for Land and Agrarian Reform– Housing Accreditation– Integrated infrastructure – water, transport, electricity, roads, transport,

clinics, schools– Integrated Human Settlements– Renewal Projects and delivery within Presidential Nodes

Implementation Protocols can provide for innovation in application of sector plans in local spaces. (e.g. The Urban Renewal Programme; N. West and N. Cape FCB agreements re Transport, Roads and Community Safety)

(See Report pages 39-41; 42- 45).


3. Challenges – Overall

The key challenge for IGR in South Africa is to provide the platform from which to drive the goals of a developing state. Central to this objective is overcoming the conditions that characterise the second economy, those of poverty and underdevelopment (See Report P. 63)

•The Ten Year Review referred to the need to ‘improve the performance of the democratic state’.

•IGR competency is one of the core mechanisms needed to build performance, at all levels of government. The heart of the challenge is a simple prescription: ‘..greater and more effective engagement between the three spheres of government in needed order to promote a more stable and responsive system of government’ (See Report P. 63) To be applied in the fields of:• Policy alignment and coordinated implementation• Innovation in growth and development initiatives• Compliance with standards and legislation• Commitment to intergovernmental cooperation


Challenges – provincial and local dynamics

Intergovernmental Policy and PlanningThe complex components of the intergovernmental policy formulation, planningand implementation frameworks must finds forms of interrelatedness to:

• Unlock development potential• Strategically utilise structures and forums• Engage across spheres• Ensure sub-national input

However:• Clarification of functional competencies in Schedules 4 and 5 of the Constitution is

needed to optimise the distribution across spheres of government. • There are pressures and tensions arising from the Two-Tier System of Local

Government. • National depts in concurrent functions do not always exercise adequate oversight of

their provincial counterparts• More strategic use of IGR Forums is necessary• Accountability and monitoring mechanisms needed at provincial level

(See Report, IG Pressure Points: planning and powers and functions, P.21)


Challenges – national and sectoral dynamics

The Constitution binds all spheres of government and organs of state to basicprinciples, one of which is that ‘concrete steps must be taken realise cooperativegovernment by,• Adhering to agreed procedures• Avoiding legal proceedings against one another

Prior to the enactment of the IGRF Act the Constitutional Court had heard 12 IGdisputes concerning tensions between national and provincial government.Since 2005, at least six interventions by provincial government into municipalitieshave taken place.The key challenges are:1. Under-utilisation of existing national support programmes for LG (PC; Siyenza

Manje)2. Inconsistent adherence to procedural principles as outlined in the Guidelines

and the Act 3. Underdeveloped monitoring, early-warning and adjustment mechanisms at

district IGR forum level, indicating urgency of systemising national and provincial monitoring systems

4. The need for a legislative framework to promote compliance with principles5. The need for behavioural change, political leadership and commitment to

principles.(See Report pages 48-53)


4. How challenges are being addressed

The first IGR Report is an assessment of systems, conduct and performance to date, demonstrating that:

•IGR is the foundation for cooperative government•IGR drives the system of decentralised•government•IGR is a developmental and a political function

Progress is demonstrable, and leadership and confidenceis emerging, but analysis suggests a number of pressurepoints and areas for improvement.


How challenges are being addressed …

Governance and systemicissues• Appropriate location of

functional responsibilities between spheres

• Clarification of functional competencies in Schedule 4&5 of the Constitution

• Legislative framework for Provinces

• Management of Concurrency

• Pressure and tensions impacting on the Two-Tier system of Local Government.

IGR Fora• Co-ordination and frequency of

meetings• Clear distinction between

political and technical support forums

• IGR structures assuming executive decision making roles

• Clarifying strategic agenda for inter-sphere engagement

• Poor co-ordination and co-operation between sector departments and municipalities.

The Report recommends consideration of a number of Improvement Areas

The Policy Review process and the IGR Report are closely aligned in respect to consideration of governance improvement areas



Intergovernmental Planning• Apex project no. 16; setting up

planning capacity and ensuring cohesive, spatially informed planning instruments across spheres

• Improving credibility of IDP’s and LED strategies

• District pilots on alignment of NSDP/PGDS and IDP’s

• Alignment of Sectoral plans (national & provincial) with municipal IDP’s – Sector Master Plans.

Intergovernmental Fiscal Relationsand Budgeting• Appropriate funding for spatially

diverse urban and rural areas• Provide for fiscal innovation:

e.g. Financing Protocols• Long-term revenue stream for

LG, to address replacement of RSC levies and impact of the electricity restructuring

• Budget system that facilitate inter-sphere and inter-sectoral joint planning.



Integrated service delivery• Utilisation of implementation

protocols still remains a challenge (budgeting, co-ordination and planning)

• Spatially targeted state interventions in a differentiated manner across municipalities

• Common understanding of operational definitions in integrated service delivery; and

• Institutionalisation of joint work.

Intergovernmental disputes andinterventions • Increase the DLGs capacity to

monitor and support;• Better utilise existing support

mechanisms• Strengthen early warning

mechanisms across government

• Consideration of a legislative framework for managing Section 139 interventions.



Monitoring, Evaluation andSupport • Develop proposal on application

of indicators for measuring conduct of IGR

• Streamline and reduce the multiple reporting requirements for Local Government

• Comprehensive audit of the reporting requirement placed on LG

• Consider a Legislative/ or Guidelines for managing the Local Government inter-sphere reporting requirements

• One source of information on municipal performance

• Dplg be mandated to drive this process.

See Summary Table, Appendix A of Report (P. 63) for consolidated

assessment of pressure points andimprovement areas.


5. Way forward: how the challenges have been addressed in the dplg Business Plan and the 5

year LGSA

Implementing Improvements in the Conduct of IGRA. The dplg Business Plan • Produce a White Paper on Provincial and Local Government• IGR Capacity Building• Bi-annual IGR Report to Parliament B. The 5 Year LGSA – Strategic priorities 1,2,3

2. Mainstreaming hands-on support to local government to improve municipal governance, performance and accountability (cross-cutting – promoting intergovernmental coordination for IDP and LED)

3. Addressing the structure and governance arrangements of the state in order to better strengthen, support and monitor local government (Implementation of the IGRF Act: reporting, development of indicators, capacity-building)

4. Refining and strengthening the policy, regulatory and fiscal environment for Local Government and giving greater attention to the enforcement measures (Policy Review Process on Provincial and Local Government)


5.1 Way forward: Key Success Factors

1. Improvements and reforms part of broad ‘all of government dialogue’ on appropriate policy, process and implementation mechanisms.

2. Views of stakeholders across government already canvassed for Policy Review process – record of submissions held.

3. Improvement Areas for IGR: consultations will be held with government and stakeholders.

4. IGR Indicators and Lessons from Practice approach will allow for greater involvement of IGR practitioners in assessing the conduct of IGR going forward.

5. IGR both a strategic and a structural function requiring commitment from all role-players in the execution of government programmes.


6. Conclusion

• Progressive evolution and institutionalisation of the intergovernmental system

• Need for continued and improved support measures to strengthen the system

• Need for effective political & administrative leadership, improved strategic performance and clear levers of accountability in the system

• Continously address weaknesses and challenges from practice; and

• Find easier, better, innovative ways of strengthening the system of intergovernmental relations.

FUTURE REPORTING: The next IGR Report to Parliament will be in the year 2010/2011


Legislation on Traditional Leadership

Presentation Overview: Traditional Leadership

1. Background2. National House of Traditional

Leaders Bill 3. Bill amending the Traditional

Leadership and Governance Framework Act;

4. Process Map5. Conclusion


Background

Two pieces of legislation impacting of traditional leadership identified for amendment.

National House of Traditional Leaders Act

• Passed in 1994 in line with the 1993 interim Constitution• Repealed in 1997 and replaced with a new Act which was amended in 1998 and

2000• Not fully in line with the White Paper on Traditional Leadership and Governance

adopted in 2003 as the Act was passed before the adoption of the White Paper• Bill repeals the current Act and replaces it with a clean and comprehensive Act

Traditional Leadership and Governance Framework Act

• Passed in 2003 after the adoption of the White Paper on Traditional Leadership and Governance adopted in 2003

• Provincial Legislation passed in line with the Framework Act • Implementation in a period of over 3 years has revealed a number of gaps and

challenges that need to be addressed through an amendment• Province -specific challenges also necessitate the amendment


Background ...

1) Bills published for public comment on 3 June with closing date of 02 July 2008;

2) Bills have been introduced into Parliament (NA and NCOP); and

3) The dplg is currently consulting with key stakeholders, including kings and queen, senior traditional leaders, headmen / women, national and provincial houses, CRL Commission, Commission on Traditional Leadership Disputes and Claims, SALGA and provincial governments.


National House of Traditional Leaders Bill


The Bill provides for the following key areas:

Establishment of the National House of Traditional Leaders; Three members elected from each provincial house Special provision where there is no provincial house Alignment of terms of office with local government Membership restricted to senior traditional leaders

Election of members to the House by provinces Minister and Premiers now to play a role (calling for elections and receiving

names) Secret ballot, observed by officials of the House and of the Dept

Determine powers, functions and duties of the House; • Alignment with the White Paper (and the Framework Act)

Provide for support to the House by government; • Financial, administrative, capacity building, human resources, etc

• Status of Members

• President to determine that certain members are full time.

National House of Traditional Leaders Bill


The Bill provides for the following key areas: Provide for the relationship between the House and the Provincial Houses;

• The house to have a clearly define relationship with the provincial houses for accountability and alignment.

Relationship between House and Kings and Queens• Kings and queens to have statutory relations with the House in respect of

regular meetings and protocol issues.

Provide for the relationship between the House and Government in terms of its accountability on the House;

• Regulates the relationship with government, including the issues of submission of annual reports and holding of meetings.

Responsibilities of the House• More accountability to the House in terms of meetings, finances, activities,

record keeping, etc.• More responsibility to the Secretary of the House.

Provide for general matters incidental to the functioning of the House.

National House of Traditional Leaders Bill …


The Bill further provides for the following general issues (not fully discussed in this presentation):

Qualification and disqualification of members;

Excluded certain people from membership (clause 5)

Vacation and filling of seats in the House; Seats to be filled within a short period of time

Seat and Meetings of the House; House to meet in parliament or at admin seat

Chairperson and Deputy Chairperson of the House; Elected by members and may be removed by two thirds of members

Privileges and Immunities of members; Freedom of speech in the meetings of House

Remuneration and benefits of members; Determined by the President in terms of Act 20 of 1998

Rules, orders and committees of the House; To be determined and adopted by the House itself

National House of Traditional Leaders Bill …


The Bill further provides for the following general issues (not fully discussed in this presentation):

Dissolution of the House;

House remains in office until new House is sworn in.

Oath of Office; Members to take an oath when assuming office (oath attached as schedule).

Code of Conduct; Code of conduct for members in addition to their code as ordinary traditional

leaders).

Regulatory powers of the President; President to issue regulations on certain matters as is necessary.

Repeal of laws and transitional matters; all the current Acts on the House will be repealed in terms of the new law.

Bill amending the Traditional Leadership and Governance Framework Act

The Bill provides for the following key areas (see details in the following 4 slides):

• Recognition of kingships and the establishment of kingship councils; • Functions of the kingship councils; • Amendment of section 15 of the Act so as to provide for sub-traditional

councils and a chairperson of the sub-traditional council where a traditional leader has communities in more than one geographic area;

• Appointment of a person to act as a king/queen as an interim measure where a paramount chief dies before the Commission determines the position of current paramountcies; and

• Extension of the period within which the traditional authorities as well as community authorities must be transformed in line with the Act (community authorities to be administered as if the old order legislation had not been repealed pending decisions of the Commission).


Issues covered in the Bill for Amendment

GAP / CHALLENGE PROPOSED AMENDMENT

No provision for the recognition of kingships and (current legislation only recognizes the incumbents – kings and queens)

Provision for the recognition of kingships in terms of set criteria and the process (clause 2 of the Bill amends section 2 of the principal Act);

No provision for the establishment and recognition of kingship councils

Provision for the establishment and recognition of kingships (by Premiers) and the establishment of kingship councils in line with criteria similar to the one for TCs; (clause 3 of the Bill amends section 3 of the principal Act) – formalizing of a customary structure envisaged in section 9(1) of the Act)

No provision for the establishment, recognition and functions of kingship councils

Provision for functions of the kingship councils (clause 4 of the Bill amends section 4 of the Act)


Issues covered in the Bill for Amendment …


No provision for the regulation of current areas of jurisdiction of one traditional council that exists in two or more geographical areas

Provision for sub-traditional councils and appointment of chairpersons of sub-traditional councils where a traditional leader has communities in more than one geographic area (clause 6 of the bill)

Section 17 of the Act unclear on the manner in which the electoral college elects members to the Local House (confusion that the EC may only elect from among themselves)

Provision that members may be women, headmen/headwomen from within the district (clause 8 of the bill amends section 17 of the Act)

No provision for the appointment of a person to act as a king/queen as an interim measure where a paramount chief dies before the Commission determines the position of current paramountcies

A provision is made for the appointment of a person by a Premier to act as a paramount chief as an interim measure where a paramount chief dies before the Commission determines the position of current paramountcies




Government given 1 year to reconstitute traditional authorities as well as community authorities.

Provision that the period of one year originally provided for to reconstitute traditional authorities be extended to five years with a retrospective effect [community authorities to be administered as if old order legislation has not been repealed ]. Clause 8 of the bill amends section 28 of the Act

No provision that a senior traditional leader is ex officio member and chairperson of a traditional council

Provision for that a senior traditional leader is ex officio member and chairperson of a traditional council (clause 4 of Bill). Five year term aligned with local government

No provision that the five year term for elected members of a traditional council runs with the local government term

Provision that the five year term for elected members of a traditional council runs with the local government term (Clause 4 of the Bill)




No provision for the remuneration of members of traditional councils

Provision is made for members of TCs who are not traditional leaders to receive remuneration as public office bearers

Provision is made for members of Kingship Councils who are not traditional leaders to receive remuneration as public office bearers


URGENCY TO FINALISE BILLS DURING 2008

Two pieces of legislation impacting of traditional leadership identified for amendment are urgent to finalise during 2008 because of the following reasons:

National House Act

• Need to align with new Constitution, 1996 - Act passed in 1994 in line with the 1993 interim Constitution;

• Need for alignment of terms of office throughout the country, and alignment with term for local government;

• Need to align with the White Paper on Traditional Leadership and Governance as act was passed in 1997 before the adoption of the White Paper in 2003; and

• Need to enhance the effective functioning of the NHTL – in line with recommendations of the two aside task team commissioned by Minister.


URGENCY TO FINALISE BILLS DURING 2008

Two pieces of legislation impacting of traditional leadership identified for amendment are urgent to finalise during 2008 because of the following reasons:

Framework Act

• Urgent need to address the 1 year period provided in the Act to reconstitute traditional councils – current legal uncertainty;

• Urgent need to address the implementation of the determinations by the Commission relating to kings, kingships and kings’ councils; and

• Urgent need to address legal vacuum regarding community authorities, filling of kings’ vacancies, payment of remuneration to members of TCs, etc.


PROPOSED PROCESS MAP

1) Comments received from the consultation process

02 July 2008

2) Analysis, consolidation and capturing of comments received (comments received by Parliament to be placed at the disposal of dplg)

16 July 2008

3) Processing of Bills by Parliament

a) Processing of the Bills by the Portfolio Committee and discussion in the National Assembly; and

b) Processing of the Bills by the Select Committee and discussion in the NCOP.

Mid-July/September 2008

a) Mid July to end August

b) September 2008


The support team will consist of the following officials:

Prof. W Sobahle, Messrs Johan Meiring, Nathi Mpungose, Fanie Louw (Legal) and Ms Vuyo Ndah (Legal).


Thank you!

Contact details …

Department of Provincial and Local Government,Private Bag X804, Pretoria, 0001,

South Africa

Tel: (012) 334-0600Web: http://www.thedplg.gov.za

Documents

Briefing to the Portfolio Committee on Provincial and Local Government Compliance Reports and Legislation on Traditional Leadership Ms Lindiwe Msengana-Ndlela,