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Strategic Plan 2015-2019Back to Basics Campaign
01|| Foreword by the Honourable Minister Strategic Plan 2015-2019 Back to Basics Approach
1.1 Foreword by the Honourable Minister
Local government has been a primary site for the delivery of services in South Africa since 1994. Yet despite our delivery achievements, it is clear that much needs to be done to support and enforce implementation of local government’s mandate for delivery. Having found that a third of our municipalities are doing well, a third are doing fairly well but are experiencing challenges, and a third are not doing well, five key tasks emerge: responding vigorously to immediate crises, going back to basics, understanding and responding to structural challenges, continuing to build resilient local government institutions, and improving intergovernmental systems.
Priority 1: Responding vigorously to immediate crises
There will be a targeted and vigorous response to corruption and fraud, and a zero tolerance approach to ensure that these practices are rooted out.
Priority 2: Going back to basicsMunicipalities will be led to:
1. Put people and their concerns first, and ensure constant contact with communities through effective public participation platforms.
2. Create conditions for decent living by consistently delivering municipal services to the right quality and standard.
3. Be well governed and demonstrate good governance and accountability.
4. Ensure sound financial management and accounting, and prudently manage resources so as to sustainably deliver services and bring development to communities.
5. Build and maintain sound institutional and administrative capabilities, administered and managed by dedicated and skilled personnel at all levels.
Priority 3: Continuing to build resilient local government institutions
Our National Development Plan makes it clear that meeting our transformation agenda requires functional municipalities that can create safe, healthy and economically sustainable areas where citizens and people can work, live and socialise. Recognising that there are widely divergent levels of performance between different categories of municipalities in terms of services, public engagement, good governance, financial management and technical capacity, we will support municipalities to progress to a higher path.
Priority 4: Understanding and responding to structural challenges
To achieve the National Development Plan’s vision of more functionally integrated, balanced and vibrant urban settlements, we must clarify and relentlessly pursue a national vision for spatial development; sharpen the instruments for achieving this vision; and build the required capabilities in the state and among citizens.
A framework to assess the functionality and viability of municipalities is being finalised and preliminary findings indicate that the boundaries of a number of municipalities should be re-determined. Furthermore, the Integrated Urban Development Framework (IUDF) responds to the NDP’s vision by setting as our national goal: ‘Liveable, safe, resource-efficient cities and towns that are socially integrated, economically inclusive and globally competitive, where residents actively participate in urban life.”
Priority 5: Improving intergovernmental systems
All three spheres of government have an important role to play in ensuring well-functioning municipalities. Recognising the need for inter-sphere collaboration, all relevant national departments will coordinate their approach to local government service delivery, and increase their level of oversight of the proper performance of service delivery functions through the Inter-Ministerial Committee on Service Delivery. Existing intergovernmental platforms like MINMECs will be used to monitor and review progress.
The institution of traditional leadership is one of the key role players, and defining its role in this campaign is therefore imperative, particularly within rural municipalities. Municipalities and traditional leadership operate within the same space, and good relations and cooperation between the two will therefore potentially fast-track service delivery within jurisdictional areas of traditional leadership and complement implementation of the Back to Basics approach.
One of the priorities of the COGTA Ministry during this medium term, will be harmonization of relations between the municipalities and the institution, as part of implementing the Back to Basics campaign.
In keeping with this approach the municipal and traditional structures will establish strong collaborative working relationships to create decent living conditions, and improve delivery of services to rural traditional communities. In this regard, the Department of Traditional Affairs has developed regulations for participation of traditional leadership within ward committees and municipal councils during the 2014/15 financial year, and it is envisaged that implementation of the regulations will commence in the 2015/16 financial year.
In the past twenty years of democracy, the main focus of government in relation to the institution of traditional leadership has been that of restoration and support for the institution, to ensure that it has the required resources to deliver on its mandate; this was mainly about maintaining the institution.
An important milestone in this regard has been the establishment and support of statutory structures; namely the National House of
02|| Foreword by the Honourable Minister Strategic Plan 2015-2019 Back to Basics Approach
03|| Foreword by the Honourable Minister Strategic Plan 2015-2019 Back to Basics Approach
Traditional Leaders, Provincial Houses of Traditional Leaders in seven provinces, Local Houses of Traditional Leaders and Traditional Councils, as well as the Department of Traditional Affairs.
There is no doubt that the institution of traditional leadership is necessary and has a vital role to play within the South African governance system, and it is therefore imperative that it is nurtured and equipped to play that role within modern society. However, there are some pertinent issues in relation to the existence, sustainability and the role of the institution of traditional leaders within modern society.
Key amongst them is urbanisation and migration from rural areas to cities and modernised society. As society develops and urbanization advances there must be accompanying adaptations to the operations of the institution of traditional leadership to be sustainable, and able to play a meaningful role within modern times.
There is therefore a need for a policy shift to focus more on community development rather than structures and benefits in relation to the institution. As we enter the next phase of democracy, the COGTA Ministry will embark on programmes to move the agenda of the institution of traditional leadership from that of maintenance to one of transformation; a
progressive and developmental agenda that will make the role and contribution of the institution more visible within their communities.
The following are policies and pieces of legislation that are currently being considered to strengthen the institution of traditional leadership:
• Finalisation of the Traditional Affairs Bill, which will address amongst others the recognition of the Khoi and San as well as gaps and inconsistencies in the implementation of the Traditional leadership and Governance Framework Act, and the National House of Traditional Leaders Act;
• Enactment of the National Initiation Bill;• Establishment of Kingships and Traditional
Councils;• Pronouncing policy directive on the issue of
landless traditional leaders; and• Disestablishment of community authorities.
These policy and legislative issues will be addressed during the medium term period and have been incorporated in this strategic plan.CoGTA and its stakeholder partners will also work to change practices in the private sector and enlist the support of civil society to change the national moral climate.
Official Sign-off
It is hereby certified that the Strategic Plan 2015-2019 was developed by the management of the Department of Cooperative Governance and Traditional Affairs under the guidance of Minister P. Gordhan, MP, and Deputy Minister A. Nel, MP, and Deputy Minister O. Bopela, MP. The plan takes into account all relevant policies, legislation and other mandates for which this department is responsible.
It accurately reflects linkages to the Medium Term Strategic Framework 2014-2019 with the Strategic Goals and objectives
Ms. D. SnymanActing Chief Financial Officer
Dr. K.L SebegoChief Operations Officer
Mr. V. MadonselaDIRECTOR-GENERALDate:
Mr. A. Nel, MPDEPUTY MINISTERDate:
Approved By:
Pravin Gordhan, MPMINISTERDate:
04|| Official Sign-off Strategic Plan 2015-2019 Back to Basics Approach
SECTION A:Department of Cooperative Governance
Acronyms Full NameB2B Back to Basics CIPC Company and Intellectual Property Commission CoGTA Department of Cooperative Governance and Traditional AffairsCOO Chief Operating OfficerCWP Community Work ProgrammeDCOG Department of cooperative GovernanceDDG Deputy Director-GeneralDG Director-General DPCI Directorate for Priority Crime InvestigationENE Estimates of National ExpenditureEPWP Expanded Public Works ProgrammeFBS Free Basic ServicesFFC Financial and Fiscal Commission FY Financial YearGCIS Government Communication Information System HR Human ResourceICT Information Communication Technology IDDR International Day for Disaster Reduction IDP Integrated Development PlanIEC Independent Electoral Commission IGR Intergovernmental RelationIMC INTER-Ministerial CommitteeIMSI Intergorvenmental Monitoring, Support and Intervention IMTTSD Inter-Ministerial Task Tean on Service DeliveryIT Information Technology IUDF Intergrated Urban Development Framework KZN KwaZulu Natal LED Local Economic DevelopmentLG Local Government LGLAWS Local Government Laws Amendement Bill
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07|| Strategic Plan 2015-2019 Back to Basics Approach
LGSDI Local Government Skills Development Institute
M&E Monitoring & EvaluationMDB Municipal Dermacation Board MECs Members of Executive CommitteMFMA Municipal Finance Management Act MIP Municipal Infrastructure Performance MIPMIS Municipal Infrastructure Perfomance Management Information Sys-
tem MIS Management Information System MISA Municipal Infrastructure Support Agent MP Mpumalanga MPAC’s Municipal Public Accounts Committee MPRA Municipal Property Rates ActMSA Municipal Systems ActMSA Municipal Systerms Act MTEF Medium Term Expenditure FrameworkMTSF Medium Term Expenditure Strategic FrameworkNCBF National Capacity Building Framework NDP National Development Plan NETaRNRA National Education, Training and Research Needs and Resources
Analysis NPA National Prosecuting Authority NT National Treasury PCC Provincial Coordinating Committee PDMCs Provincial Disaster Management Commission PDP Performance Development PlanRRT Rapid Response Team RSA Republic of South AfricaS139 Section 39S79 Section 79SA South Africa
SALGA South African Local Government AssociationSARS South African Revenue Services SCM Supply Chain ManagementSDF Sustainabble Development Foundation SIU Special Investigation UnitSMIPs Support Monitoring and Intervention PlansSMS Senior Management Staff SPLUMA Spatial Planning and Land use Management Act SSA The State Security AgencyWC Western Cape
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Contents
1.1 Foreword by the Honourable Minister 1Official Sign-off 4Acronyms and Abbreviations 6PART A: Strategic Overview 101. Vision 102. Mission Statement 103. Our Values 104. Legislative and other mandate 105. Alignment of strategy to National Priorities 146. Planned Policy initiatives 147. Situational Analysis 15 7.1 Performance Environment 15 7.2 Organisational Environment 158 Strategic Goal and Objective per Estimate of National Expenditure Programme 229 Over view of the budget and MTEF estimate 2510 Expenditure Estimates 2511 Expenditure Trends 26
PART B: Programme and Sub-Programme Plans 27
Programme 1: Administration 27Programme 2: Policy, Research and Knowledge Management 28Programme 3: Governance and Intergovernmental Relations 30Programme 4: National Disaster Management Centre 36Programme 5: Provincial and Municipal Government Systems 38Programme 6: Infrastructure and Economic Development 42
Part C: Links to other Capital Plans 45
12 Municipal Infrastructure Grant 4513 Municipal Systems Improvement Grant 4614 Local Government Equitable Share 4715 Associated Institutions 48South African Local Government Association (SALGA) 48Municipal Demarcation Board (MDB) 49South African Cities Network (SACN) 50
PART A: Strategic Overview
1. Vision
A functional and developmental local government system, that delivers on its Constitutional and legislative mandates, within a system of cooperative governance.
2. Mission Statement
Our mission is to ensure that all municipalities perform their basic responsibilities and functions without compromise by:
• Putting people and their concerns first • Supporting the delivery of municipal services
to the right quality and standard• Promoting good governance, transparency
and accountability• Ensuring sound financial management and
accounting• Building institutional resilience and
administrative capability.
3. Our Values
Guided by the spirit of Batho Pele, our values are:
• Commitment to public service.• Integrity and dedication to fighting
corruption.• A hands-on approach to dealing with local
challenges.• Public participation and people centred
approach.• Professionalism and goal orientation.• Passion to serve.• Excellence and accountability.
4. Legislative and other mandates
1.1 Constitutional mandate
CoGTA’s mandate is primarily derived from Chapters 3, 5, 6, 7, and 9 of the Constitution of the Republic of South Africa, 1996, hereafter referred to as the Constitution.
Chapter 3 - This chapter deals with cooperative government and intergovernmental relations. The Department will need to ensure that we observe and adhere to the principles in this chapter, and that we conduct our activities within the parameters of this chapter.
Chapter 5 - This chapter deals with national intervention in provincial administration when a province cannot or does not fulfil an executive
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11|| Strategic Plan 2015-2019 Back to Basics Approach
obligation in terms of the Constitution or legislation.
Chapter 6 - This chapter deals with provincial intervention in local government, in particular when municipalities are unable to fulfil their executive obligation. Chapter 6 is also relevant when a municipality, as a result of financial crisis, breaches its obligations to provide basic services in order to meet its financial obligations.
Chapter 7- The chapter deals inter alia with municipalities in cooperative governance. The Department, by legislation, must support and strengthen the capacity of municipalities to manage their own affairs, exercise their powers and perform their functions.
Chapter 9 - This chapter deals with those institutions whose role involves strengthening the constitutional democracy of the country. The DCoG has to comply with all legislative
frameworks in this chapter in order to conform woth rules made under the auspices of institutions such as the Auditor-General and Public Protector.
Our primary mandate is to:
• Develop and monitor the implementation of national policy and legislation seeking to transform and strengthen key institutions and mechanisms of governance to fulfill their developmental role.
• Develop, promote and monitor mechanisms, systems and structures to enable integrated service delivery and implementation within government.
• Promote sustainable development by providing support to and exercising oversight over provincial and local government.
Name of Legislation Mandate
Municipal Property Rates Act, 2004 (Act No.6 of 2004)
To regulate the power of a municipality to impose rates on property; to exclude certain properties from rating in the national interest; to make provision for municipalities to implement a transparent and fair system of exemptions, reductions and rebates through their rating policies; to make provision for fair and equitable valuation methods of properties; and to make provision for an objections and appeals process process.
Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003)
To secure sound and sustainable management of the financial affairs of municipalities and other institutions in the local sphere of government; to establish treasury norms and standards for the local sphere of government; and to provide for matters connected therewith.
1.2 Legislative Mandate
As a national department, our function is to develop national policies and legislation with regard to local government and to monitor, inter alia, the implementation of the following:
Disaster Management Act, 2002 (Act No. 57 of 2002)
To provide for:
An integrated and coordinated disaster management policy, which focuses on preventing or reducing the risk of disasters, mitigating the severity of disasters, emergency preparedness, rapid and effective response to disasters and post-disaster recovery.
• The establishment of national, provincial and municipal disaster management centres.
• Disaster management volunteers.• Matters incidental thereto.
Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)
To provide for the core principles, mechanisms and processes that are necessary to enable municipalities to move progressively towards the social and economic upliftment of local communities; to ensure universal access to essential services that are affordable to all; to define the legal nature of a municipality as including the local community within the municipal area, working in partnership with the municipality’s political and administrative structures; to provide for the manner in which municipal powers and functions are exercised and performed; to provide for community participation; to establish a simple and enabling framework for the core processes of planning, performance management, resource mobilisation and organisational change, which underpin the notion of developmental local government; to provide a framework for local public administration and human resource development; to empower the poor and ensure that municipalities establish service tariffs and credit control policies that take their needs into account, by providing a framework for the provision of services, service delivery agreements and municipal service districts; to provide for credit control and debt collection; to establish a framework for support, monitoring and standard setting by other spheres of government in order to progressively build local government into an efficient, frontline development agency capable of integrating the activities of all spheres of government for the overall social and economic upliftment of communities in harmony with their local natural environment.
Local Government: Municipal Structures Act,1998 (Act No. 117 of1998)
To provide for the establishment of municipalities, in accordance with the requirements relating to categories and types of municipality; to establish criteria for determining the category of municipality to be established in an area; to define the types of municipality that may be established within each category; to provide for an appropriate division of functions and powers between categories of municipality; to regulate the internal systems, structures and office-bearers of municipalities; to provide for appropriate electoral systems; and to provide for matters in connection therewith.
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The Intergovernmental Relations Framework Act(Act No. 13, of 2005)
The objective of this Act is to facilitate coordination by the three spheres of government in the implementation of policy and legislation. It is a Framework Act, which allows for flexibility between the spheres in meeting the challenges within the conduct and practice of cooperative government. It also provides for the basic architecture of intergovernmental structures and for processes to guide the settlement of intergovernmental disputes.
Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998)
To provide for criteria and procedures for the determination of municipal boundaries by an independent authority; and to provide for matters connected thereto.
Organised Local Government Act, 52 of 1997
To provide for the recognition of national and provincial organisations representing the different categories of municipalities; to determine procedures by which local government may designate representatives to participate in the National Council of Provinces; to determine procedures by which local government may consult with national and provincial government; to determine procedures by which local government may nominate persons to the Financial and Fiscal Commission; and to provide for matters connected therewith.
Fire Brigade Services Act, 99 of 1987
To provide for the establishment, maintenance, employment, coordination and standardisation of Fire Brigade Services; and for matters connected therewith.
Remuneration of Public Bearers Act, 20 of 1998
To provide for a framework determining the salaries and allowances of the President, members of the National Assembly, permanent delegates to the National Council of Provinces, Deputy President, ministers, deputy ministers, traditional leaders, members of provincial Houses of Traditional Leaders and members of the Council of Traditional Leaders; to provide for a framework determining the upper limit of salaries and allowances of Premiers, members of Executive Councils, members of provincial legislatures and members of Municipal Councils; to provide for a framework determining pension and medical aid benefits of office bearers; to provide for the repeal of certain laws; and to provide for matters connected therewith.
Local Government: Cross-Boundary Municipal Act, 29 of 2000
To give effect to section 155(6A) of the Constitution by authorising the provincial executives affected to establish cross-boundary municipalities; to provide for the re-determination of the boundaries of such municipalities under certain circumstances; and to provide for matters connected therewith.
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5 Alignment of strategy to National Priorities
MTSF Sub-Outcomes:
• Members of society have sustainable and reliable access to basic services
• Intergovernmental and democratic governance arrangements for a functional system of cooperative governance and participatory democracy strengthened
• Sound financial and administrative management
• Promotion of social and economic development
• Local public employment programmes expanded through the Community Work Programme
6 Planned Policy initiatives
Response: the Back to Basics ProgrammeThe Minister of COGTA, in the COGTA 2014 budget vote, set out the Back to Basics approach, which was subsequently presented at the Presidential Local Government Summit in September 2015 and widely endorsed by all local government role players. The programme is designed to ensure that all municipalities perform their basic responsibilities and functions without compromise.
The programme is built on 5 pillars:
• Put people and their concerns first and ensure constant contact with communities through effective public participation platforms.
• Create conditions for decent living by consistently delivering municipal services to the right quality and standard. This includes planning for and delivery of infrastructure and amenities, maintenance and upkeep, including the requisite budgeting to do
this and ensuring that there are no failures in services, and where there are, restore services with urgency.
• Be well governed and demonstrate good governance and administration, this includes cutting wastage, spending public funds prudently, hiring competent staff, and ensuring transparency and accountability.
• Ensure sound financial management and accounting, and prudently manage resources so as to sustainably deliver services and bring development to communities.
• Build and maintain sound institutional and administrative capabilities, administered and managed by dedicated and skilled personnel at all levels.
B2B Methodology and Approach
The methodology to operationalise the B2B programme, is based on a more integrated and hands-on approach to cooperative governance that reasserts the unitary nature of the SA state. This involves measuring and managing the performance of municipalities (through ‘institutional performance management’), and recognising and responding differently to different levels of performance (a ‘differentiated approach’). More broadly the Department aims to mobilise a coalition of stakeholders around the B2B approach that unlocks the creative energies across all spheres of government and sectors of society, including the private sector. Part of this ‘unlocking’ involves putting tools directly in the hands of citizens to hold their municipalities to account.
The Department will give effect to the Back to Basics approach by:
• Increasing public confidence in the local government system
• Creating a functional local government system based on accountability for
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performance• Ensuring significant improvements in service
delivery through sound infrastructure management
• Building institutional resilience and initiating the next phase of institution building
• Supporting prosperous cities and towns by restructuring the space economy
• Strengthening intergovernmental arrangements for delivery of services, collaborative planning, and oversight within the system of cooperative government.
• Entrenching a culture of good governance and instilling a new morality of service and integrity in local government
7 Situational Analysis 7.1 Performance Environment
The State of Local Government
Local government is a primary site for the delivery of services in South Africa, and since 1994 tremendous progress has been made in delivering water, electricity, sanitation and refuse removal services - at rates of delivery unprecedented anywhere in the world.
Yet despite these achievements there are areas in which local government is failing our people, where a collapse in core municipal infrastructure services has resulted in services either not being provided at all, or provided at unacceptably low standards levels. Concomitant with this collapse are problems associated with municipal governance, capacity and financial viability.
The low rate of collection of revenue continues to undermine the ability of municipalities to deliver services to communities. There are for too many instances both of inappropriate placements
and skills not measuring up to requirements. This is compounded by widespread instances of rent seeking and corruption amongst public representatives and business, reflecting a broader breakdown in the values and good governance principles. These municipalities lack a culture of public service, and there are slow or inadequate responses to service delivery challenges, which are in turn linked to the breakdown of trust between Councils and communities. Social distance by our public representatives is reflected in inadequate public participation and poorly functioning ward councillors and committees.
In 2014 COGTA undertook a review of South Africa’s 278 municipalities, which revealed that the top third of municipalities manage to do the basics right and perform their functions at least adequately. Within this group, there are a small group of top performers who are doing extremely well.
The middle third of municipalities reviewed are fairly functional, but there remain some worrying signs of poor performance or decline. This middle group can be classed as ‘at risk’, since if left unchecked these could presage a further decline.
The bottom third of municipalities are frankly dysfunctional, and the basic mechanisms to perform their functions are not in place. These municipalities are failing our people dramatically, and urgent intervention is required in order to correct the decay in the system.
7.2 Organisational Environment
Given the challenges of addressing the local government system, and providing professional advice and support to highly complex local
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government processes, DCOG is neither appropriately structured nor does it have the requisite skills profile. A restructuring exercise in 2011 sought to address these deficiencies, but the change process was not properly managed. This has led to perceptions of weak leadership, political interference and victimisation resulting in an organisational climate that is characterised by low levels of trust, morale, productivity and team cohesion. Perceptions of the performance management system and related processes are predominantly negative.
A climate survey in 2012 highlighted a number of suggested interventions:
• Finalise the restructuring • Align competencies and jobs • Improve teamwork • Improve and properly implement
performance management • Respect employees and take them seriously • Improve communication • Fight corruption • Improve the physical facilities
The Department is currently acting on these findings, and has initiated a change management process to address many of the issues. Planning in the Department is hampered by a misalignment of the Estimates of National Expenditure (ENE) programmes, the organisational structure and the strategic plan.
The current ENE programmes are based on an outdated organisational structure that no longer suits the needs and requirements of the Department. This strategic plan attempts to show how the Goals and Strategic Objectives of the Department will be translated into a new organisational structure, and cross-references these to the programmes as per the ENE. The
intention is to fundamentally revise the ENE for the 2016/17 financial year.
Proposed Organisational structure in response to back to basics approach
The operationalisation of the Back to Basics approach within the Department of Cooperative Governance (DCOG) requires some fundamental changes in the way that DCOG works in order to create a more responsive, service focused system of local government that meets the needs of our people. Back to Basics is premised on a more integrated conception of how the three spheres of government work, and requires a more hands-on, and if necessary interventionist approach to dealing with the issues confronting local government.
DCOG also needs to build the capacity to mobilise and lead government as a whole behind the Back to Basics approach. Thus, whilst the Back to Basics approach focuses on addressing the current crisis of performance in certain municipalities, it also initiates a massive change process within DCOG and more broadly within government.
The Back to Basics approach requires that DCOG relooks at the role and structure of the department and optimally configures itself in order to be able to deliver on its mandate within the resources at its disposal. This means that DCOG also needs to critically reprioritize its functions, and stop certain functions that are no longer considered priorities.
The structure proposed below initiates this process. It is proposed that DCOG is reorganized into seven branches along the following lines:• Branch: Back to Basics Command Centre
°Purpose: to coordinate and drive Back to
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Basics activities across the department and government as a whole in order to create change on the ground.
• Branch: Local Government Transformation
° Purpose: to analyse and develop policy in order to drive transformation in local government and in the system of planning and cooperative governance more broadly.
• Branch: Institutional Development
° Purpose: to build institutional resilience in the local government system through system development, governance, capacity building and revenue management.
• Branch: Local Government Management
°Purpose: to conduct hands on performance monitoring, support and interventions in municipalities and provincial COGTAs.
• Branch: Community Work Programme
° Purpose: to provide work opportunities for communities in relation to local government services and functions.
• Branch: Finance
° Purpose: to manage the provision of sound financial management services in line with legislative prescripts.
• Branch: Corporate Services
° Purpose: to manage integrated and innovative corporate solutions to enable the department to achieve its strategic and operational goals.
In addition it is proposed to consolidate the infrastructure support functions in COGTA and MISA into a single government component: Infrastructure Development. In line with previous proposals, the National Disaster Management Centre will also become a government component.
• Component: Infrastructure Development
° Purpose: to ensure service delivery in municipalities through investment in, and sound management of municipal infrastructure.
• Component: Disaster Management
° Purpose: to promote an integrated and coordinated system of disaster prevention, mitigation and risk management.
It must be noted that the primary change required across the whole of DCOG is a more hands-on approach to solving the problems facing local government. This approach will also require a close working relationship with the institutions of provincial and national government, and the cooperative governance approach of Back to Basics (‘joined up government’) will be applied to all levels of government, not just local government.
While Back to Basics is focused on local government as an immediate priority, the approach and methodology employed is an application of a new, more ‘muscular’ approach to inter-governmental relations more broadly, and the envisaged interventions can be extended to cover provincial government as well.
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At the same time the Department has organised itself to deliver on its Back to Basics mandate through 9 provincial task teams, and DCOG staff have been assigned to these task teams from the various branches. This means that many staff are expected to support the work of the task team to which they are assigned as well as implementing their line functions described above. The ‘on the ground’ work of the task teams is an essential complement to the work that we do, and it is expected that it will give staff valuable insights and approaches that will enhance the line function work.
Managing Change
While COGTA has recently been through a comprehensive process to restructure and align its organogram, it is recognised that the B2B programme will require some fundamental changes to the way that COGTA works. Any changes to the existing COGTA organisational structure and the required amendments to align with the B2B methodology, approach and functions, will be informed by the following principles:
• A change management process will be followed, which seeks to mobilise the whole department around the B2B strategy. A change strategy will be developed in order to guide the process.
• The strategy will aim to address organisational values and culture, target the stakeholders that are integral to the change process, and aim to position COGTA to lead change and inspire people around B2B.
• Equity and fairness will be applied in the way that COGTA staff are mobilised.
• Structure will follow function, and existing COGTA and MISA resources will be used as first resort.
We describe each of these strategic areas of focus in more detail below:
Increase public confidence in local government system
Properly functioning municipal services are inherent to human dignity, and in terms of the Constitution everyone has the right to have their dignity respected and protected. At the same time, citizens need to accept their responsibilities and duties as citizens with respect to participating in municipal affairs, respecting public property and assets, and paying for the municipal services they receive.
The B2B Programme aims to give all South Africans a basic set of tools by which they can hold their municipalities to account and measure whether they are living up to their promises. Councils are meant to exercise oversight over the municipalities for which they are accountable, and citizens in turn need to have the tools and forums in which they can hold the councillors they have elected accountable for the electoral promises they have made.
DCOG will support greater accountability and transparency by collating and publishing the Back-to-Basics indicators for public use. DCOG will also conduct regular national citizen satisfaction surveys, and assist municipalities in developing community engagement plans targeting hotspots and potential hotspots areas.
The B2B approach is premised on changing a set of fundamental relationships that underpin our Constitutional order and the local government system, namely that:
• Between local government and the people we are meant to serve (putting people first,
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instilling a culture of ‘service’ rather than ‘service delivery’).
• Between leaders and the municipalities they are meant to lead (good governance rather than extractive elites).
• Between people and the public services they receive (responsible citizenship, payment for services).
This requires a country wide mobilisation of stakeholders within government and society more broadly, addressing the concerns of partners and stakeholders and building a coalition of those who want B2B to succeed. In this regard the recent momentum from the Local Government Summit and strong and unequivocal political support for B2B will be harnessed. Building and mobilising a B2B coalition will provide impetus to enable more effective oversight, the mobilisation of solutions and unblocking obstacles, and will ultimately drive change at a local level.
Create a functional local government system based on accountability for performance
The primary problem in the local government system is that good performance isn’t recognised and rewarded adequately, nor are there sufficient consequences for under-performance. We will therefore institutionalise a performance management system to effect the changes that we require in the system. We aim to create a functional local government system by:
• Setting clear standards for performance• Monitoring performance against those
standards• Balancing incentives for performance and
enforcement levers
• Intervening to ensure performance in instances where there isn’t compliance.
The performance management system will recognise and reward good performance, and ensure sufficient consequences and appropriate support for under-performance. The performance management framework will be supported by an online reporting and information system which will enable real-time and regular assessments of municipal performance. Ensure significant improvements in service delivery through sound infrastructure management
The planning, implementation and maintenance of basic infrastructure is critical for sustaining basic standards of living and economic activity in our towns and cities. We will ensure significant improvements in service delivery by:
• Ensuring that existing infrastructure is properly maintained
• Extending infrastructure to unserviced communities and targeting subsidies to the poor
• Creating a culture of service and responsiveness
• Making sure people value and pay for the services they receive
Municipalities are required to develop service standards for each service, and we will establish systems for monitoring adherence to these standards. We will support municipalities to develop fundable consolidated infrastructure plans, and ensure infrastructure maintenance and repairs to reduce losses.
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Build institutional resilience and initiate the next phase of institution building
A number of systemic issues need to be addressed to improve the functionality of local government. Amongst others, COGTA will address systemic issues in local government and develop policy related to:
• Review of two tier system and role of district municipalities.
• Separation of powers in local government.• Decentralisation of national and provincial
powers and functions.• Demarcation and the impact on local
government.• Issues relating to non-viable municipalities.
Given the cross-cutting nature of these issues, the policy process must include the capacity for analysis of government wide policy initiatives and coordination of cooperation between the transversal and sector departments at national and provincial level.
DCOG will focus on building strong municipal administrative systems and processes e.g. for public participation, planning, service delivery, governance and oversight. This includes ensuring that administrative positions are filled with competent and committed people whose performance is closely monitored. DCOG will monitor and support municipalities in order to ensure that:• The top six posts (Municipal Manager,
Finance, Infrastructure Corporate Services, Community development and Development Planning) are filled by competent and qualified persons.
• Municipal organograms are realistic, underpinned by a service delivery model
and affordable.• There are implementable human
resources development and management programmes.
• There are sustained platforms to engage organised labour to minimise disputes and disruptions.
• Resilient systems (such as effective billing systems) are built.
• Adequate levels of experience and institutional memory are maintained.
The precise modalities to be applied in each municipality will be informed by the performance assessments and diagnostic reports conducted in each municipality. The Back to Basics action plans (previously ‘Support, Monitoring and Intervention Plans’ (SMIPs)) will be used to integrate and coordinate the above modalities in relation to each municipality.
Lead and support the creation of prosperous cities and towns by restructuring the space economy
The National Development Plan highlighted the importance of cities for dealing with our development challenges, and Census 2011 indicated the scale of population growth in the urban areas. DCOG aims to create a new deal for cities through restructuring the city space economy, improving land use management and facilitating investments in public transport and the built environment. It will establish an intergovernmental forum for engaging metros and large cities. An Integrated Urban Development Framework (IUDF) has been developed drawing on the 6th World Urban Forum recommendations on the development of national urban policies.
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The IUDF seeks to understand why urban divides remain stubbornly in place, with an eye on promoting effective instruments to change this legacy and promote resilient and inclusive urban settlements. It provides a framework that can guide stakeholders in government, civil society and the private sector to participate in creating the “urban future we want”.
The IUDF identifies priorities and urban development investments in order to realise the urban dividend, and proposes interventions to overcome entrenched apartheid spatial patterns and also strengthen urban and rural linkages. Methods to improve performance of existing financial instruments for infrastructure provisioning and integrated service delivery will be implemented, and new sources of private sector investment and international funds for urban development will be mobilised.Strengthen intergovernmental arrangements for delivery of services, collaborative planning, and oversight within the system of cooperative government.
B2B coordination efforts will commence from an understanding that many of the current IGR practises do not necessarily reflect the full scope of possible collaborative and coordinated approaches available. The B2B programme will drive improvement through a hands-on approach that focuses on ‘joined up’ government acting in concert to deliver on its mandate.
In the municipalities in which interventions are required, DCOG will work through provinces and other stakeholders to develop implementation plans for each municipality.
Interventions in terms of these plans could
include removal or transfer of functions to other government entities, supervision of appointments, regulatory interventions to follow up non-performance enforced compliance with legislative and regulatory provisions, and fiscal measures such as suspension or conditionality of grants
DCOG aims to give new content to cooperative governance approaches, and will revise IGR policy to reflect the Constitutional conception of a unitary, interrelated state, as well as structure IGR so that national and provincial government can support, monitor, intervene and enforce performance.
Entrench a culture of good governance and instil a new morality of service and integrity in local government
Ultimately we need to change the political culture in local government, and we aim to do this by popularising a new morality of service and integrity, making sure that effective leaders and well run municipalities are recognised and rewarded, insulating institutional systems from political manipulation, and ensuring consequences for maladministration, mismanagement, fraud and corruption
There will be a targeted and vigorous response to corruption and fraud, and a zero tolerance approach to ensure that these practices are rooted out. Supply chain management practices in municipalities will be closely scrutinized.
Where corruption and mismanagement have been identified, we will not hesitate to make sure these are decisively dealt with through provisions such as asset forfeiture and civil claims. We will also work to change practices in
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the private sector and enlist the support of civil society to change the national morality.
To ensure compliance with the B2B pillars and establishing enforcement mechanisms DCOG will establish an investigative capacity, which will prepare and package cases for on-referral to law enforcement and other agencies with a view to crack down on corruption and corrupt activities in the local government sphere.
Stimulate local economic development and expand local public employment programmes Given the massive challenges of unemployment and poverty, which undermine the financial viability of many municipalities, DCOG is committed to creating one million new work opportunities through the Community Work Programme.
Our aim is to create visible impact in Back to Basics priority municipalities and provide work opportunities in relation to local government services and functions. We are also working in partnership with the private sector to build local economic development in poorer municipalities and declining areas such as mining towns.
8. Strategic Goal and Objective per Estimate of National Expenditure Programme
Goal Strategic objective ENE ProgrammeCreate a functional local government system based on accountability for performance
Build accountability for performance in the local government system through setting and enforcing clear performance standards by March 2019
Administration
Increase public confidence in the local government system by changing the relationship between citizens and local government and strengthening citizen engagement mechanisms by March 2019
Policy, Research and Knowledge Management
Ensure significant improvements in service delivery through sound infrastructure management
Coordinate and implement sustainable infrastructure development and maintenance initiatives in order to improve the quality of services and extend infrastructure to unserved communities by March 2019
Governance and Intergovernmental Relations
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Implement initiatives to improve financial sustainability, revenue management and audit outcomes in Local Government by March 2019
National Disaster Management Centre
Build institutional resilience and initiate the next phase of institution building
Strengthen the functionality of municipalities through the development and implementation of administrative and institutional systems by March 2019
Provincial and Municipal Government Systems
Facilitate and coordinate capacity building initiatives in order to build capable municipalities by March 2019
Infrastructure and Economic Development
Lead and support the creation of prosperous cities and towns by restructuring the space economy
Facilitate the restructuring of city space economy through changes in land use planning and management
Facilitate private sector investment through the implementation of innovative programmes that stimulate local economies by March 2019
Infrastructure and Economic Development
Strengthen intergovernmental arrangements for delivery of services, collaborative planning, and oversight within the system of cooperative government.
Structure IGR so that national and provincial government can support, monitor, intervene and enforce performance by March 2019
Governance and Intergovernmental Relations
Strengthen district facilitation, development coordination and planning roles to advance integrated regional development
Entrench a culture of good governance and instil a new morality of service and integrity in local government
Strengthen anti-corruption measures and enforce applicable legislation and policies by March 2019
Governance and Intergovernmental Relations
Promote good governance and an ethical culture in local government by March 2019
Provincial and Municipal Government Systems
Local public employment programmes expanded through the Community Work Programme
Provide and maintain 1 million work opportunities through building capacity of participants and establishing strategic partnerships by March 2019
Infrastructure and Economic Development
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Strengthen, coordinate and support effective integrated disaster management and fire services
Improve the system of disaster management and fire services across government by March 2019
National Disaster Management Centre
Develop a disaster management and fire services monitoring and evaluation system by March 2019
Governance and Intergovernmental Relations
Refocus and strengthen the capacity of COGTA to deliver on its mandate
Provide efficient and effective corporate governance and administrative support services for COGTA to deliver on its mandate by March 2019
AdministrationPolicy, Research and Knowledge Management
Provincial and Municipal Government Systems
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9 Over view of the budget and MTEF estimate 10 Expenditure Estimates
SUMMARY2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18Audited
outcomeAudited
outcomeAudited
outcomeRevised Baseline
Revised Baseline
Revised Baseline
Rand thousandProgrammes
Administration 226 847 216 474 247 497 252 540 247 969 257 183 269 175 Policy, Research and Knowledge Management 17 169 17 062 15 454 21 119 22 081 21 840 23 054 Governance and Intergovernmental Relations 33 270 754 37 364 161 39 080 214 44 388 802 50 321 345 52 976 350 55 625 479National Disaster Management Centre 80 658 114 113 423 859 507 759 606 805 574 692 479 811 Provincial and Municipal Government Systems 252 411 274 298 291 872 288 008 328 092 346 205 369 598 Infrastructure and Economic Development 12 285 148 15 341 309 16 230 974 16 814 793 17 668 420 19 159 564 20 857 637Traditional Affairs 88 577 106 948 111 702 115 864 119 447 124 833 133 917 Total for Programmes 46 221 564 53 434 365 56 401 572 62 388 885 69 314 159 73 460 667 77 758 671
Economic classificationCurrent payments 582 478 1 635 441 2 113 916 2 489 790 2 808 569 3 701 098 4 517 093
Compensation of employees 196 200 216 607 226 816 246 568 271 777 288 547 306 725 Goods and services 386 197 1 418 834 1 887 100 2 243 222 2 536 792 3 412 551 4 210 368
Advertising 4 371 2 852 3 759 6 549 4 239 4 254 4 540 Audit costs: External 5 058 5 552 7 571 7 393 7 598 8 007 8 406 Catering: Departmental activities 3 162 3 884 6 223 6 082 5 501 5 558 5 904 Communication (G&S) 7 779 8 594 9 708 10 812 13 387 11 912 10 374 Computer services 17 215 19 063 21 835 69 326 71 074 74 111 77 992 Consultants and professional services: Business and advisory services 250 590 579 643 364 513 80 265 71 021 72 068 78 803 Consultants and professional services: Legal costs 6 052 3 604 3 381 5 005 5 235 5 513 5 788 Contractors 5 195 712 541 1 359 479 1 467 103 1 774 644 2 526 707 3 120 353 Inventory: Materials and supplies 58 33 117 460 026 456 026 575 194 755 738 Consumable: Stationery, printing and office supplies 5 264 8 736 6 453 19 640 18 673 18 742 20 341 Operating leases 2 091 2 725 1 101 7 872 7 623 8 031 8 428 Property payments 36 964 22 194 46 621 41 335 44 835 47 955 50 197 Travel and subsistence 28 362 30 429 35 356 35 504 34 041 33 682 41 418 Venues and facilities 3 299 3 433 8 395 6 926 6 908 6 750 7 144
Interest and rent on land 81 - - - - - - Transfers and subsidies 45 630 299 51 782 325 54 272 478 59 890 398 66 497 791 69 751 811 73 233 534
Provinces and municipalities 44 884 236 51 322 785 53 811 729 59 396 651 66 007 245 69 246 672 72 700 296Departmental agencies and accounts 165 612 323 750 441 648 481 822 478 468 492 421 519 884 Foreign governments and international organisations 208 279 400 260 - - - Public corporations and private enterprises 179 678 - - - - - - Non-profit institutions 5 716 3 693 13 888 11 665 12 078 12 718 13 354 Households 394 849 131 818 4 813 - - - -
Payments for capital assets 7 594 15 685 14 760 8 697 7 799 7 758 8 044 Machinery and equipment 7 594 15 685 14 760 7 697 7 799 7 758 8 044 Software and other intangible assets - - - 1 000 - - -
Payments for financial assets 1 193 914 418 - - - - Total economic classification 46 221 564 53 434 365 56 401 572 62 388 885 69 314 159 73 460 667 77 758 671
Revised Estimate
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11 Expenditure TrendsExpenditure analysis
The Department of Cooperative Governance will focus over the medium term on the implementation of the Back to Basics action plan. Launched in September 2014, Back to Basics aims to ensure that all municipalities perform their basic responsibilities and functions. The plan’s building blocks include good governance, public participation, financial management, infrastructure services and institutional capacity. The plan is aligned with outcome 9 of government’s 2014-2019 medium term strategic framework (responsive, accountable and efficient local government).
Back to Basics is a framework for collective action, and outlines how each sphere of government commits itself to addressing the challenges that local government faces in delivering services. As part of its contribution to the 2012 national infrastructure plan, the department develops consolidated and integrated infrastructure plans with other sectors and provinces, ensuring effective levels of spending on infrastructure maintenance. Crucial to this integrated approach is a system of performance measurement.
The department’s community work programme will contribute to the national development plan goal of broadening work opportunities through community based employment schemes.
The bulk of the department’s spending over the medium term is in the Governance and Intergovernmental Relations programme, which transfers the equitable share to fund basic services, free basic services and the general operational costs of municipalities. The programme’s budget for the period is R158.9 billion.
The number of filled funded posts in the department is expected to increase from 540 in 2014/15 to 560 in 2017/18 to support the rollout of Back to Basics.
Infrastructure services and institutional capacity
The department supports municipalities to deliver municipal infrastructure through transfers from its municipal infrastructure grant, which is allocated R46.9 billion over the MTEF period. The grant is in the Infrastructure and Economic Development programme, the department’s second largest spending programme. Over the medium term, the department will deploy 20 municipal infrastructure grant specialists to provincial and district task teams.
The specialists will conduct diagnostic assessments and develop action plans for all priority municipalities, particularly for accelerating the rollout of projects funded by the grant. This specialist input is expected to result in providing 86 241 households with water, 52 140 households with sanitation, 4 757 households with access to community lighting, and 582 kilometres of new roads.
The Cabinet approved reduction of R481 million to the municipal infrastructure grant over the medium term will mean that 3 000 households will not have access to basic services as planned.
Performance measurement
Over the medium term, the department will establish a coordinated monitoring system for local government performance, with the associated data requirements, including integrated data from multiple sources. Data analysis will allow the department and other
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stakeholders to understand key trends per municipality, undertake rapid assessments, and measure performance across all the Back to Basic performance areas. Spending for establishing the system is in the Administration programme through the IT unit.
The system will be managed by personnel in the Governance and Intergovernmental Relations programme.
Broadening work opportunities
The community work programme is a government programme that aims to tackle poverty and provide livelihood support for poor households by providing participants with a minimum number of regular days of work to supplement their existing livelihoods. The programme has been housed in the
Department of Cooperative Governance since 2010. Over the medium term, the department expects to provide employment to 362 000 participants with a budget of R9.7 billion in the Infrastructure and Economic Development programme. Contractors are the implementing agents of the community work programme at the local level, and spending on contractors is projected to grow by approximately 21.2 per cent from 2014/15 to 2017/18.
The community work programme has been negatively affected by the Cabinet approved budget reduction of R586 million over the medium term, but the impact will be minimised by the 19.7 per cent growth in the budget over the period.
PART B: Programme and Sub-Programme Plans
Programme 1: Administration
Strategic Objective
Strategic Goals • Create a functional local government system based on accountability for performance• Refocus and strengthen the capacity of COGTA to deliver on its mandate
Strategic Objective Provide efficient and effective corporate governance and administrative support services for COGTA to deliver on its mandate by March 2019
Objective Statement Improved human resource and financial management servicesBaseline Human Resource Plan report 2014/15Justification COGTA to be well positioned to deliver on its mandateLinks Outcome 125 year target HR Plan implemented annually
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Risk Management
Programme 2: Policy, Research and Knowledge Management
Strategic Goals • Refocus and strengthen the capacity of COGTA to deliver on its mandate• Create a functional local government system based on accountability for performance
Strategic Objective
Build accountability for performance in the local government system through setting and enforcing clear performance standards by March 2019
Objective Statement
Improve the functionality of local government through regular monitoring and reporting (monthly, quarterly and annually) to strengthen accountability for performance
Baseline Monthly B2B reports; Municipal Section 46 reports; Provincial section 47 reports; National section 48 report
Justification The regular monitoring and reporting of municipal performance will strengthen the functionality of municipalities by enabling the identification of under performance
Links Municipal Systems Act, performance management chapter(6) and regulations; MFMA monitoring
5 year target Monthly B2B reports submitted to the MinisterNational assessment of municipal performance report(MSA section 48) submitted to the Minister
Strategic Objective Identified Risk Risk Mitigation
Provide efficient and effective corporate governance and administrative support services for COGTA to deliver on its mandate by March 2019
Lack of capacity and technical skills to establish and sustain a performance monitoring, reporting and assessment system (on a monthly, quarterly and annual basis) with analytical capabilities, including associated data requirements and integration.
Create and fill positions with requisite skills and/or outsource
Provide efficient and effective corporate governance and administrative support services for COGTA to deliver on its mandate by March 2019
Organisational structure not aligned to the organisational priorities.
Facilitate the approval of the organizational structure
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Strategic Objective Provide efficient and effective corporate governance and administrative support services for COGTA to deliver on its mandate by March 2019
Objective Statement Improved Information Communication and Technology servicesBaseline 19 different ICT systems running on different platformsJustification COGTA to be well positioned to deliver on its mandateLinks Corporate ICT governance5 year target Improved data and systems integration
Strategic Objective Build accountability for performance in the local government system through setting and enforcing clear performance standards by March 2019
Objective Statement Improve Local Government functionality through the strengthening the knowledge and information base of local government performance
Baseline The Local Government Resource CentreJustification To improve access to information on local government performance
that will strengthen accountabilityLinks Outcomes 9 and 12, the NDP5 year target Information hub established and 40 case studies documented and
published
Strategic Objective Identified Risk Risk MitigationBuild accountability for performance in the local government system through setting and enforcing clear performance standards by March 2019
Inadequate access to and sharing of local government information and knowledge
To establish and integrated information hub for local government information in collaboration with all relevant stakeholders and role players (internal and external)
Risk Management
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Objective Statement Strengthening District Government is a priority to reach the objectives of Back to Basics and fully functional municipalities, as per their legislative mandates. Targeted areas include facilitation of shared services in Districts, improved intergovernmental, inter-sectoral planning and interventions to better locate and manage powers and functions.
Baseline The Constitution, Local Government Legislation.Justification Studies and evidence from practice have demonstrated the need for
a differentiated approach to be implemented in district government. Further, many Districts are performing few of their legislative functions, or may be underperforming on critical roles for regional planning and coordination.
Links The Back to Basics Approach, the IUDF, Development Planning..5 year target Targeted measures implemented to strengthen District government
Programme 3: Governance and Intergovernmental Relations
Strategic Objective
Strategic Goals • Strengthen intergovernmental arrangements for delivery of services, collaborative planning,
and oversight within the system of cooperative government; • Ensure significant improvement in service delivery through sound infrastructure management;• The functionality of the local government system based on accountability for performance is
strengthened; and • Entrench a culture of good governance and instill a new morality of service and integrity in
local government
Strategic Objective Strengthen the District facilitation, development coordination and plan-ning roles to advance integrated regional development.
Strategic Objective Structure IGR so that national and provincial government can support, monitor, intervene and enforce performance by March 2019
Objective Statement Executive failures in municipalities require the legislative framework provided for by the IMSI Bill; this in order to regularize and enforce accountability, allow for necessary corrective measures and provide a framework for the range of interventions needed to improve a particular municipality’s profile and performance.
Baseline S139 of the Constitution, Draft IMSI Bill 2013.Justification Back to Basics has identified that up to one third of municipalities
are dysfunctional. Many of these require strong corrective measures to be introduced, such as through a S139 intervention. The new draft regulatory framework – the Intergovernmental Support, Monitoring and Interventions Bill (IMSI) will provide for the necessary intergovernmental procedures to direct the processes of support and intervention; these processes currently lack regulatory authority, but legislation is provided for in S139 (8) of the Constitution.
Links Local Government Performance Standards; Back to Basics Approach; Support obligations to local government of national and provincial government as per the Constitution – e.g. sections 154 (1), 155 (7).
5 year target IMSI Promulgated and implemented
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Strategic Objective Implement initiatives to improve revenue management and audit outcomes in Local Government by March 2019
Objective Statement Improve municipal financial capabilities and stability through the reduction of debt and sound financial management support effective service delivery.
Baseline Municipalities were owed a total R94.5 billion by June 2014 and 50 % of municipalities had unqualified audit opinions for the 2012/13 audit.Assessment Report in respect of municipalities’ compliance with specific provisions of the Municipal Property Rates Act
Justification To improve municipal financial stability through improved liquidity and sound financial management and governance practices. Improved compliance with the MPRA
Links MTSF Outcome 9: sub-outcome 3: sound financial and administrative management
5 year target Reduction in municipal debt and 75 % unqualified audit opinions by March 2019; i.e for the 2017/18 audit. 78% of municipalities with sound financial management
Strategic Objective Increase public confidence in the local government system by changing the relationship between citizens and local government and strengthening citizen engagement mechanisms by March 2019
Objective Statement To promote participatory democracy and good governance by strengthening communication between communities and government
Baseline Local Government: Municipal Systems Act, 2000; RSA Constitution, 1996
Justification To deepen participatory democracy and restore public confidence in government
Links NDP Vision 2030; MTSF 2014-20195 year target 85% public trust and confidence in local government
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Strategic Objective Instil a new morality of service and integrity by strengthening anti-corruption measures through enforcement of applicable legislation and policies by March 2019
Objective Statement Promote ethical culture, accountability and ensure consequences for maladministration, mismanagement, fraud and corruption
Baseline Local Government Anti-Corruption Strategy, Public Service Integrity Management Framework
Justification To improve compliance with supply chain management policies and enforce Section 106 of the MSA
Links NDP, MTSF, MSA, MFMA and other anti-corruption legislation5 year target Promotion of good governance and ethical culture
Strategic Objective Promotion of good governance an ethical culture by March 2019Objective Statement Strengthen vigorous reporting, monitoring and oversight to ensure
consistent consequence managementBaseline Number of fraud, corruption, maladministration and mismanagement
cases reported, investigated and prosecuted. Justification To eradicate the culture of impunity within Local GovernmentLinks NDP, MTSF, MSA, MFMA and other oversight legislation5 year target Promotion of good governance and ethical culture
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Strategic Objective Identified Risk Risk MitigationStrengthen the District facilitation, development coordination and planning roles to advance integrated regional development by March 2019
Weak District governance negatively impacting on the objectives of developmental local government.
Employ a targeted programme of action to strengthen District governments which is aligned to the Back to Basics approach and objectives.
Poor alignment of sector plans with district plans resulting in misaligned spatial plans and fragmented service delivery
Establish multi-sectoral District planning forums to create a platform for active, collaborative planning.
Implement initiatives to improve financial sustainability, revenue management and audit outcomes in Local Government by March 2019
Inability to respond adequately to municipal specific issues emanating from audit outcomes.
Assess the audit issues that affect municipalities and develop a support plan.
Structure IGR so that national and provincial government can support, monitor, intervene and enforce performance
The oversight and intervention provisions of the IMSI Bill may create intergovernmental dissent.
Ensure there is effective intergovernmental communication through the consultative stages on the IMSI Bill, particularly concerning the oversight duties of national government over local government, and the requirements of the Back to Basics approach.
Promote public confidence in the local government system through citizen engagement mechanisms by March 2016
Non-compliance with the legislative and policy imperatives
Implementation of an enforcement and consequence management tool
Instil a new morality of service and integrity by strengthening anti-corruption measures through enforcement of applicable legislation and policies by March 2019
Promotion of good governance an ethical culture
Slow turnaround time on finalisation of corruption cases and non-enforcement of applicable legislation
High level engagement with stakeholders to secure effective cooperation
Establish partnerships (NT, NPA, SARS, CIPC, SIU, DPCI) with agencies to share specialist skills and capabilities
• Intensive monitoring of compliance and management of non-performance.
Risk Management
Promote public confidence in the local government system through citizen engagement mechanisms by March 2016
Non-compliance with the legislative and policy imperatives
Implementation of an enforcement and consequence management tool
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Programme 4: National Disaster Management Centre
Strategic Objectives
Strategic Goals • Strengthen, coordinate and support effective integrated disaster management and fire services
Strategic Objective Improve the system of disaster management and fire services across government by March 2019
Objective Statement Improve the system of disaster management and fire services system across the spheres of government
Baseline Draft White Paper on Fire ServicesDraft Disaster Management Amended Bill
Justification To create an enabling environment for an improved disaster management and fire services in the country
Links Chapter 3 of the Constitution – Co-operative Government5 year target Total number of Disaster Management Centres across the
spheres of government complying with the disaster management legislation by meeting at least 80% of the identified criteria
Strategic Objective Develop a disaster management and fire services monitoring and evaluation system by March 2019
Objective Statement Develop a Disaster Management and Fire Services Monitoring and Evaluation System to ensure improved disaster management and fire services
Baseline Disaster Management and Fire Services Monitoring and Evaluation Framework
Justification Strengthen the monitoring and evaluation of disaster management and coordination of fire services within the country
Links Outcome 12 Public Service MTSF Chapter 5 year target Disaster Management and Fire Services monitoring and
evaluation system established
Strategic Objective Improve the system of disaster management and fire services across government by March 2019
Objective Statement Improve the system of disaster management and fire services through capacity building
Baseline National Education, Training and Research Needs and Resources Analysis (NETaRNRA)
Justification Improved culture of disaster risk reduction and resilienceLinks National Disaster Plan (NDP) – Building capabilities5 year target 75% rollout of the capacity building programme in provinces
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Strategic Objective Identified Risk Risk MitigationDevelop a disaster management and fire services monitoring and evaluation system by March 2019
Lack of stakeholder buy-in Impact of the local elections
On-going engagements with key stakeholders on policy to maximise supportBriefing sessions with executive leadership
Lack of capacity within the Chief Directorate to support implementation of framework by Provinces
The motivation for permanent staffing to be submitted to HR
Failure to effectively implement the fire services policy
Engagements with key stakeholders on policy to maximise support and buy-in.
Improve the system of disaster management and fire services across government by March 2019
Inability to implement the Disaster Management Public Advocacy and Awareness plan of Action
• Resuscitation of the Capacity Building forum
• Conduct workshops with the PDMCs and various relevant sectors
• Develop a monitoring tool to ensure implementation of the annual action plan
Risk Management
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Programme 5: Provincial and Municipal Government Systems
Strategic Goals • Build institutional resilience and initiate the next phase of institution building; • Lead and Support the creation of prosperous cities and towns by restructuring the space
economy; and • Entrench a culture of good governance in local government
Strategic Objective Strengthen the functionality of municipalities through the development and implementation of administrative and institutional systems by March 2019.
Objective Statement Facilitate participatory democracy by ensuring regular elections in local government
Baseline Existing legislation, previous electionsJustification To ensure successful Local Government Elections and the
establishment of Municipal CouncilsLinks RSA Constitution, Municipal Demarcation Act, Municipal Systems
Act Municipal Structures Act, Electoral Act, NDP, Back to Basics approach
5 year target Municipal Councils constituted and functional
Strategic Objective Facilitate capacity building initiatives in order to build a capable local government by end March 2019
Objective Statement • Provide learning opportunities through the Local Government Skills Development (Local Government Learning Centre)
• Ensure the development of capacity building strategies and implementation of capacity building programmes for Councilors and officials
• Put People First in service delivery through the implementation of the Batho Pele Service Standards Framework for Local Government
Baseline • The State of the Nation Address, June 2014 • Constitution • National Capacity Building Framework• National Capacity Building Strategy • Presidential Coordinating Committee• Batho Pele Service Standards Framework
Justification Building the capacity of the state in terms of the National Development Plan
Links Municipal Integrated Development Plan, to improve the municipal performance and Service Delivery
Strategic Objective
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Strategic Objective Facilitate the restructuring of city space economy through changes in land use planning and management
Objective Statement To give effect to the SPLUMA and IUDFBaseline Draft IUDFJustification To address spatial disparities and improve land use managementLinks State of the Nation Address ; National Development Plan and
Medium Term Strategic Framework, SPLUMA5 year Target 35 cities and towns have long term growth and development
strategies and Spatial Development Frameworks that inform the IDPs and MTEF
Strategic Objective Promotion of good governance an ethical culture by March 2019Objective Statement Strengthen vigorous reporting, monitoring and oversight to ensure
consistent consequence managementBaseline Number of fraud, corruption, maladministration and mismanagement
cases reported, investigated and prosecuted. Justification To eradicate the culture of impunity within Local GovernmentLinks NDP, MTSF, MSA, MFMA and other oversight legislation5 year Target Promotion of good governance and ethical culture
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Strategic Objective Identified Risk Risk MitigationStrengthen the functionality of municipalities through the development and implementation of administrative and institutional systems by March 2019.
LDelays in processing of Local Government Laws Amendment Bill (LGLAWS) due to stakeholders disagreements.
Adherence to implementation plans
Facilitate capacity building initiatives in order to build a capable local government by end March 2019
Lack of institutional capacity and requisite competency skills in municipalities
Regular consultations with the key stakeholders within the local government sector to promote capacity building coordination.Coordinate and monitor intervention plans to support and strengthen the implementation of capacity building in municipalities
Facilitate the restructuring of city space economy through changes in land use planning and management and coordinated investments in public transport and built environment in order boost economic activity by end March 2019
Intergovernmental tensions and conflicts on priority locations for public investments.
• Create mechanisms and processes for ongoing dialogue
Risk Management
Programme 6: Infrastructure and Economic Development
Strategic Goals • Ensure significant improvements in service delivery through sound infrastructure management;• Lead and Support the creation of prosperous cities and towns by restructuring the space
economy; and • Local public employment programmes expanded through the Community Work Programme
Strategic Objective Facilitate improvements in service delivery by coordinating all sustainable infrastructure development and maintenance initiatives in order to extend infrastructure to unserved communities and promote a culture of quality service and payment thereof by end March 2019
Objective Statement FBS Programme seeks to provide hands on support to municipalities to ensure their indigent registers are all updated by end March 2019
Baseline 40 municipalities supportedJustification To alleviate poverty and contribute to quality of life and community
developmentLinks Community Work Programme, Local Economic Development,
Expanded Public Works Programme and National Development Plan, etc.
5 year target 226 municipal indigent registers update and maintained
Strategic Objective Facilitate private sector investment through the implementation of innovative programmes that stimulate local economies by end March 2019
Objective Statement To stimulate local economies through private sector collaborationsBaseline National LED Framework 2014-2019Justification Contribute to job creationLinks NDP & MTSF
5 year target 50 municipalities supported to implement programmes in partnership with the private sector.
Strategic Objective
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Strategic Objective Provide 1 million work opportunities through strategic partnerships, training and efficient programme management by end March 2019
Objective Statement Provision of work opportunities in order to alleviate the effects of unemployment and poverty
Baseline MIS Quarterly reportsJustification To provide work opportunities to the poor and unemployed in order
to alleviate the effects of unemployment and poverty Links National Development Plan, Back to Basics Approach, Sub-outcome
4 (Promotion of social and economic development)and 5 (Local public employment programmes expanded through the Community Work Programme)
5 year target 1 Million work opportunities
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Strategic Objective Identified Risk Risk MitigationFacilitate improvements in service delivery by coordinating all sustainable infrastructure development and maintenance initiatives in order to extend infrastructure to unserved communities and promote a culture of quality service and payment thereof by end March 2019
Limited access to FBS provided to indigent households by municipalities.
To provide supported to targeted municipalities through provincial back to basic task teams.
To develop a National indigent register concept.
Facilitate improvements in service delivery by coordinating all sustainable infrastructure development and maintenance initiatives in order to extend infrastructure to unserved communities and promote a culture of quality service and payment thereof by end March 2019
Failure to accelerate the basic services infrastructure rollout.
Effective coordination of structures (IMC and its technical structures) and implementation of resolutions from respective structures.
Collaboration with the National Treasury and sector departments to enforce compliance on operations and maintenance budgeting and expenditure by municipalities.
Risk Management
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Facilitate private sector investment through the implementation of innovative programmes that stimulate local economies by end March 2019
Loss of interest by the private sector due to protracted decision-making processes at municipal level
High-level leadership to facilitate quicker decision making.
Provide and maintain 1 million work opportunities by end FY 2018/19
Institutional arrangements might not be effectively implemented.
Failure to upscale the number of work of opportunities to 1 million by 2019
Implementation of themonitoring, reporting andevaluation system.
Perform monthly andquarterly reviews.
Appointment of required human resources to monitor the implementation of CWP at site level.
Verification and reconciliation of MIS information
Finalise and monitor the implementation of the CWP manual.
Source additional funding for the programme
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Part C: Links to other Capital Plans
12 Municipal Infrastructure Grant
The largest infrastructure transfer is made through Municipal Infrastructure Grant, which supports government’s aim to expand service delivery and alleviate poverty. The grant funds the provision of infrastructure for basic services, roads and social infrastructure for poor households in all non-metropolitan municipalities. In the context of the principles outlined above, the key objectives of the Municipal Infrastructure Grant are to:
a. Fully subsidise the capital costs of providing basic services to poor households: this implies that priority must be given to meeting the basic infrastructure needs of poor households, through the provision of appropriate bulk, connector and internal infrastructure in key services;
b. Distribute funding for municipal infrastructure in an equitable, transparent and efficient manner, which supports a co-ordinated approach to local development and maximises developmental outcomes;
c. Assist in enhancing the developmental capacity of municipalities, through supporting multi-year planning and budgeting systems; and
d. Provide a mechanism for the co-ordinated pursuit of national policy priorities with regard to basic municipal infrastructure programmes, while avoiding the duplication and inefficiency associated with sector fragmented grants.
Name of grant Municipal Infrastructure Grant (MIG)Purpose The MIG provides for specific capital finance for basic municipal
infrastructure backlogs for poor households, micro enterprises and social institutions servicing poor communities.
Performance indica-tors
• Improved administration of grants spending in municipalities• Support MIG audit recommendations in municipalities• Administer, monitor, transfer conditional grants in line with DORA• Number of municipalities supported to improve MIG expenditure
Continuation Grant continues over the 2014/15 MTEF PeriodMotivation The MIG is the largest infrastructure grant funding allocated to
municipalities from the fiscus for the development and eradication of municipal infrastructure backlogs for poor households. The services targeted through the grant include basic water, basic sanitation, municipal sports and recreation facilities, municipal roads and community/public lighting. MIG allocations to municipalities are not meant to cover all the capital costs, but to supplement municipal capital budgets to eradicate the backlogs on infrastructure for poor households.
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13 Municipal Systems Improvement Grant
The primarily purpose of the Municipal Systems Improvement Grant (MSIG) to municipalities is for the following output areas:
• Establishing information systems that support effective service delivery.• Strengthening administrative systems enabling effective implementation of the ward participation
system; and• Implementing by-laws, policies and systems that support local government legislation.
Name of grant Municipal Systems Improvement Grant (MSIG)Purpose To assist municipalities to perform their functions and stabilise
institutional and governance systems as required in the Municipal Systems Act (MSA) and related legislation.
Performance indicator • Number of municipalities with information systems that support effective service delivery
• Number of municipalities with strengthened administrative systems enabling effective implementation of the ward participation system
• Number of municipalities developing by-laws, policies and systems that support local government legislation
Continuation Grant continues over the 2014/15 MTEF PeriodMotivation The MSIG assists municipalities in building in-house capacity to
perform their functions and stabilize institutional and governance systems as required in the Municipal Systems Act and related legislation, and policies.
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14 Local Government Equitable Share
The local government equitable share (LGES) is an unconditional transfer that supplements the income that municipalities can raise from the sources of own revenues available to them (including property rates and service charges). The equitable share provides funding for municipalities to deliver free basic services to poor households and subsidises the cost of administration and other core services for those municipalities that have the least potential to cover these costs from their own revenues.
Name of grant Municipal Systems Improvement Grant (MSIG)Purpose The need is to ensure that municipalities are able to provide basic
services and perform the functions allocated to them.Performance indicator % of poor households with access to free basic services: water,
sanitation, electricity and refuse removalContinuation Grant continues over the 2014/15 MTEF PeriodMotivation The equitable share formula ensures that each municipality receives
a share that allows it to meet its basic service obligations, taking account of both the operational costs of providing those services and administrative and governance costs incurred in running a municipality.
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15 Associated Institutions
South African Local Government Association (SALGA)
The South African Local Government Association (SALGA) was founded in December 1996 and is mandated by the Constitution to assist in the comprehensive transformation of local government. The Organised Local Government Act (1998) recognises the association as representative of organised local government, and allows organised local government to designate up to 10 part-time representatives to the National Council of Provinces in Parliament and to nominate two representatives to the Financial and Fiscal Commission, which advises government on budget allocations to municipalities.
SALGA also participates in intergovernmental structures established at provincial and district level, and therefore able to influence national and provincial legislation and determine its impact on local government. The association’s strategic framework for 2007–2012 was amended in 2010 to take cognisance of government’s new outcomes based approach and the profound changes in the local government environment. The SALGA 5-year Strategic Plan 2012-2017 has been developed against the backdrop of South Africa’s third successful, democratic Local Government elections on 18th May 2011. SALGA acknowledged the review of Local Government undertaken by government prior to the local government elections which highlighted number of challenges still faced by municipalities which the new leadership of SALGA intend to tackle include amongst others:
• A local government policy and fiscal framework that requires review in light of challenges experienced by the sector
• Leadership and governance challenges including responsiveness and accountability to communities;
• Financial and fiscal management;• Varied performance across municipalities in
delivering basic services • Varied performance across municipalities
growing local economies;• The continuation of apartheid spatial
development patterns and inequity;• A lack of human resource capital to ensure
professional administrations, and positive relations between labour, management and councils.
• The absence of a differentiated approach to municipalities
The new leadership of SALGA that was elected at the SALGA National Conference 2011 has acknowledged the challenges and expectations in respect of local government and have utilised to these opportunity of developing the strategic plan to:
• Build on what has already been developed in terms strategies for local government (e.g. Local Government Turnaround Strategy);
• Identify key challenges that continue to hurt Local Government;
• Assert the importance of this sphere government and intensify the need to clarify and strengthen the powers and functions of the sphere;
• Emphasise the need for local government to fulfil its developmental mandate as articulated in the constitution and white paper;
• Sharpen the focus and priorities of local
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government as a basis of harnessing and coordinating efforts aimed and strengthening the sector;
• Engage with its membership to develop a programme of action that is responsive and relevant; and
• Strengthen the position of SALGA as a unitary structure that is aligned in terms of its strategy and structure and is capacitated as a structure of organised local government that is geared to deliver on its mandate.
The strategic plan of SALGA is aligned to its policy mandate and it commits the organisation to be member-centric, engage in meaningful partnerships, align and position the organisation for high performance and ultimately demonstrate seriousness and commitment to growing and developing the sector.
Municipal Demarcation Board (MDB)
In terms of section 155(3) (b) of the Constitution, the Municipal Demarcation Board is an independent authority responsible for determining municipal boundaries. The board’s independence is also protected by section 3 of the Local Government Municipal Demarcation Act (1998) and various judgements by the Constitutional Court. In addition to determining and re-determining municipal boundaries, the board is also mandated to declare and withdraw the declaration of district management areas, delimit wards for local elections, and assess the capacity of municipalities to perform their functions.
Over the MTEF period, the board has identified the following strategic objectives as its focus over the medium term: determination and re-determination of municipal boundaries and categorisation and re-categorisation of municipalities; delimitation of wards for all local and metropolitan municipalities for the next local elections; assessment of the capacity of metropolitan, district and local municipalities; The Board is developing the internal research capability to support the Board’s decision making on the changes in the boundaries and the adjustment of powers and function of municipalities.
The Board has also embarked on the Public Participation process to ensure that communities and key stakeholder are taken on board on all processes and functions of the Board. A Legal and good governance unit has also been established to address the high litigation levels and ensure that the organisation subscribes to good governance principles across the board.
A new organisational structure has been approved by the board to ensure that the administration is well positioned to deal with the challenges of the board and ensure efficiency across the organisation, and a capacitated management echelon has been created to multi-task and multi-skill the promotion of organizational efficiency.
An internal and external communication capability has also been built in to the organisational structure to ensure effective communication and feedback for communities, media and all key stakeholders. This seeks to improve the image and the transparency of the organization.
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South African Cities Network (SACN)
The SA Cities Network (SACN) was established in 2002 by the South African Minister for Provincial and Local Government in collaboration with the mayors of South Africa’s nine largest cities (Buffalo City, Cape Town, Ekurhuleni, eThekwini, Johannesburg, Mangaung, Msunduzi, Nelson Mandela Bay, and Tshwane) and the South African Local Government Association (SALGA). The SACN is mandated to promote good governance and management of its member cities using the knowledge of large city government experiences within the global and national economic development contexts; and to promote partnerships between or among the spheres of government in the interests of enhancing good city governance in South
Africa. Informed by the findings of its State of the Cities Report (2011) and the experiences of its stakeholders, the SACN is in the process of tabling the following priorities for the MTEF with its Board: enable cities to act with a better understanding by enhancing their supporting policy, planning and data infrastructure; transform the built environment function in cities, in particular by enabling effective strategies and systems for addressing spatial planning and land use, sustainable human settlements, and public transport; and deal decisively with key vulnerabilities facing cities, in particular the issues related to natural resources, municipal finances, human capacity, and socio-political stability.
SECTION B: Department of Traditional Affairs
Contents
1. Vision 54
2. Mission 54
3. Values 54
4. Legislative and Other Mandates 54
5. Situational Analysis 69
7. DTA’s 2015/16 - 2019/20 Medium Term Strategic Priorities 88
8. DTA Strategic Objectives 102
9. Programme 2: Research, Policy and Legislation 121
9. Programme 3: Institutional Support and Coordination 131
10. Links to long-term infrastructure and other capital plans 147
11. Conditional Grants 147
12. Public Entities 147
13. Public Private Partnerships 149
PART ASTRATEGIC OVERVIEW
1. Vision
Transformed, cohesive, developed and sustainable traditional and interfaith communities.
2. Mission Statement
Informed by the NDP, MTSF (government outcomes) and Back-to-Basics the department’s mission is to transform, develop and promote cohesiveness of traditional affairs institutions through:
• Monitoring and providing support to the institution in its administration of the affairs of the traditional communities in accordance with customs and traditions;
• Developing mechanisms for structures of traditional leadership to support municipalities in the identification of community needs;
• Facilitating the involvement of traditional communities in the development or amendment of IDPs their areas;
• Monitoring and providing support to the structures of traditional leadership in their participation and promotion of development and service delivery within their communities;
• Monitoring the participation of the structures of traditional leadership in the development of policy and legislation at local level;
• Monitoring the participation of the structures of traditional leadership in the development programmes of municipalities, provincial and national spheres of government;
• Monitoring the promotion of the ideals of cooperative governance, integrated development planning, sustainable development and service delivery by
structures of traditional leadership;• Monitoring the promotion of indigenous
knowledge systems by the institution of traditional leadership;
• Developing appropriate policies, legislation, norms, standards, systems and regulatory framework governing traditional affairs; and
• Coordinating the interfaith sector to promote social cohesion and nation building.
3. Values
• Community and development oriented• Accountability• Professionalism• Integrity• Excellence• Respect• Team work• Information sharing and communication
4. Legislative and Other Mandates
The Department’s mandate extends beyond traditional, Khoi and San leadership and communities and includes overseeing a full range of tasks inherent in dealing with all issues of traditional affairs; and it is informed by the following legislative framework:
4.1 Constitutional Mandates
The work of the Department is derived from Chapter 12 of the Constitution, relevant policies, the legislation administered by the Department, national policies and laws relating to the public service as a whole, and those pieces of legislation that promote constitutional goals such as equality and accountability.
The Department’s mandate is derived from
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the Section 211 of the Constitution of the Republic of South Africa, 1996, which states that “the institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution. A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs. The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law”.
The Department’s mandate is also derived from Section 212 of the Constitution which stipulates that “national legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law. National or provincial legislation may provide for the establishment of houses of traditional leaders; and national legislation may establish a council of traditional leaders”.
The Department’s mandate is also informed by Part A of Schedule 4 of the Constitution, which states that “indigenous law, customary law and traditional leadership are both functional areas of concurrent national and provincial legislative competence, subject to the provisions of Chapter 12 of the Constitution”.
4.2 Legislative Mandates
In addition to the constitutional mandate, the Department’s mandate is also informed by the following three pieces of legislation that it administers:
Traditional Leadership and Governance Framework Act (TLGFA), 2003 (Act No. 41 of 2003)
The Department also derives its mandate from the TLGFA. Section 19 of the TLGFA places a responsibility for the Department or a provincial government, as the case may be, may, through legislative or other measures, to provide a role for traditional councils or traditional leaders in respect of arts and culture; land administration; agriculture; health; welfare; the administration of justice; safety and security; the registration of births, deaths and customary marriages; economic development; environment; tourism; disaster management; the management of natural resources; the dissemination of information relating to government policies and programmes; and education.
Section 20 of the TLGFA also outlines the responsibilities and conditions for the Department when allocating the above mentioned roles to traditional leaders and traditional councils.
The TLGFA also provides for the recognition of traditional communities, the establishment and recognition of traditional councils, leadership positions within the institution of traditional leadership, the recognition of traditional leaders and the removal from office of traditional leaders. It also provides for houses of traditional leaders, the functions and roles of traditional leaders,
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dispute resolution and the establishment of the Commission on Traditional Leadership Disputes and Claims (CTLDC); which subsequently informs the Department’s legislative mandate.
National House of Traditional Leaders (NHTL) Act, 2009 (Act No. 22 of 2009)
The NHTL Act provides for national legislation to establish the National House of Traditional Leaders and determines the powers, duties and responsibilities of the House. It furthermore provides for support to the House by national government, the relationship between the House and the Provincial Houses, and the accountability of the House. Therefore, the NHTL Act places a responsibility to the Department to provide support to the National House of Traditional Leaders.Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act (Act 19 of 2002)
This Act provides for the promotion and protection of the rights of cultural, religious and Linguistic Communities, inclusive of traditional communities, Khoi and San and Interfaith.
4.3 Policy Mandates
The White Paper on Traditional Leadership and Governance, 2003, sets out a national framework, norms and standards that define the role and place of the institution of traditional leadership within the South African system of democratic governance. It seeks to support and transform the institution in accordance with constitutional imperatives and to restore the integrity and legitimacy of the institution in line
with the African indigenous law and customs subject to the Constitution.
4.4 Relevant Court Rulings
There are pending litigation cases on traditional leadership disputes and claims before the high court which could have significant implications for the work of the Department and the Commission on Traditional Leadership disputes and claims. The acceptance of the recommendation of the CTLDC by government on the recognised kingships resulted in dissatisfaction amongst some claimants or interested parties. Dissatisfied parties have approached the high court to seek relief or to overturn the decision of government.
To this extent, there are twelve (12) kingships high court cases, one (I) headmanship case, one (1) area of jurisdiction dispute and six (6) Senior Traditional Leadership court cases for the Department; therefore there is a of total twenty (20) court cases that the Department and CTLDC are defending. The Traditional Leadership and Governance Framework Act requires that the kingship council must be established within a year after the President has recognised such Kingship and King. The litigation cases hamper the establishment of kingship councils as required by law. The non- establishment of the kingship councils results in kingships being dysfunctional and not being able to render services to their communities as required by law. These services include, among others, making information available to government, participating in the development agenda of government and the development of their own communities.
CASES TYPE OF CASE
DETAILS OF THE CASE PROGRESS REPORT ON THE CASE
1.Case No: 696/2010
Nephawe Netshidziwelele VSThe President of SA and Others
Ref No: 1/4/69
Civil2010
Mr Nephawe brought an application in the Venda High Court interdicting the President of the Republic of South Africa from recognizing Mr. Toni MphephuRamabulane as a King
The matter was heard on 13-16 August 2012 at Thohoyandou High Court.
Judgment was handed down on 6 September 2012. The application was dismissed with costs.
Applicants then filed a notice of intention to appeal to the Supreme Court of Appeal on 21 September 2012. The application was dismissed with costs.
Application for leave to appeal Rule 49(11) was dismissed with costs on the 24 June 2013.
In addition, the applicant filed an interdict application against the President and 6 others. The application is being opposed at the Supreme Court of Appeal by the Commission.
2. Case No.: 40404/2008
Bapedi Marota Mamone VSThe President of SA and Others
Ref No.: 1/4/39
Civil2008
Kgoshi Mampuru brought an application in the High Court seeking the review and setting aside of the decision of the Commission and the President of recognising Mr. Victor Thulare as the King of Bapedi.
The matter was heard on 12 September 2012.
Judgment was handed down on 21 September 2012. Application was dismissed with costs.
The applicant filed for leave to appeal and it was dismissed with costs on 22 November 2012
Applicants have advised that they intend appealing to the Supreme Court of Appeal.
We have filed our papers with regard to the leave to appeal and await a hearing date sometime during the first term of 2014
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3. Case No.: 68501/10
Justice Mpondombini Sigcau VS The President of SA and OthersRef No.: 1/4/72
Civil2010
The late King Justice MpondombiniSigcau brought an application in the High Court seeking the review and setting aside the decision of the Commission of recognising TyelovuyoSigcau as a King.
The matter was set down for hearing on 22-23 February 2012.
The matter was heard on both days and on 12 April 2012 judgment was handed down where Applicant’s application was dismissed with costs.
On 21 May 2012 an application for leave to Appeal was heard and dismissed.
Applicant petitioned the Supreme Court of Appeal (SCA) in Bloemfontein.
On 16 August 2012 the Supreme Court of Appeal dismissed the Applicant’s application with costs.
The Applicant further filed an intention to appeal to the Constitutional Court.
We instructed our Counsels to oppose the said application and to prepare the opposing affidavit.
The matter was down for hearing at the Constitutional Court on 21 February 2013.
Judgment was passed in favour of appellants in that the First Respondent ought to have used the old act.
Opinion on the implications of judgment was obtained from AdvArendse SC, Adv D Borgstrom JC and AdvLupuwana JC. Further engagements with regard to the interpretation of judgment are underway.
CASE FINALISED
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4. Case No.: 23829/11Mpisane Eric Nxumalo VSThe President of SA and OthersRef No.: 1/4/78
Civil2011
HosiMpisane Eric Nxumalo brought an application in the North Gauteng High Court seeking the review and setting aside of the decision of the Commission not to recognise him as a King of MaChangana.
Record of proceedings was filed. Applicant’s supplementary affidavit was filed. The Respondent also filed his answering affidavit.
The matter was set down for hearing in the special motion court on 5 - 6 November 2012 in the Pretoria High Court.
Judgment was handed down on 12 November 2012 and the application was dismissed with no order as to costs.
The application for leave to appeal was set down for 11 February 2013. The application for leave to appeal was dismissed. The applicant indicated the intention to take the matter to the Supreme Court of Appeal.
5. Case No.: 22654/11 King MaxhobayakhawulezaBangilizwe SandileVS The President of SA and Others Ref No.: 1/4/82
Civil2011
King Sandile brought an application in the North Gauteng High Court seeking the review of the decision of the Commission not to recognize amaRharhabe as a Kingship.
Record of proceedings has been filed. The applicant’s supplementary affidavit also has been filed. The respondents have also filed their answering affidavit.
6. Case No.: 23541/11
Sebatshelwa Mahlangu(King Litho V)VS The President of SA and Others Ref No.: 1/4/83
Civil2011
Mr.Mahlangu brought an application in the North Gauteng High Court seeking the review and setting aside of the findings of the Commission that recognized Mr MbusiMabhoko III as a King of AmaNdebele of Ndzundza.
Record of proceedings has been filed. The applicant’s supplementary affidavit also has been filed. The respondents have also filed their answering affidavit.
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7. Case No.: 2062/2011Luzuko Matiwane VS The President of SA and Others
Ref No.: 1/4/86
Civil2011
Mr.Matiwane brought an application in the North Gauteng High Court seeking the review and setting aside of the findings of the Commission not to recognize AmaMpondomise as a Kingship.
Records of proceedings were filed. Applicant’s supplementary affidavits were filed. Answering affidavits were filed.
The matter was set down for hearing on 26 October 2012 in the Eastern Cape High Court, Mthatha.
On 26 October 2012 the matter was postponed to 14 – 15 February 2013 for hearing..
On 14 February 2013 the matter was postponed to 4 - 5 April 2013. Matter was again postponed to 12 and 13 June 2013 for hearing.
Judgment was handed down against the Commission on 12 December 2013.
Commission is currently appealing against this judgment
8. Case No.: 37875/2011Inkosi MuziwenkosiJohannes Radebe VSCommission on TraditionalLeadership disputes and Claims and 6 others
Ref No.: 1/4/89
Civil2011
InkosiRadebe brought an application in the North Gauteng High Court seeking for, amongst others, the following orders:-
• varying and extending the time period of 180 days referred to in section 7(1) of PAJA;
• review and setting aside of the findings of the Commission not to recognize Amahlubi as a kingship.
Record of proceedings was filed. Answering affidavit has been filed.
Waiting for a trial date.
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9. Case No.: 629/2011
Mudau Muvhango SiagaMundzhedzi & 2 others VSNdivheni Abson Siaga & 4 others
Ref No.: 1/4/90
Civil2011
This is a headmanship application brought by Mr.Mudau in the Limpopo High Court, Thohoyandou where he seeks an order in the following terms:
• That the 1st defendant be relieved of his royal duties as headman of Luheni (Rambuda) on the basis that he was wrongfully identified, recognised and appointed; and / or
• That the 5th defendant (the Commission) be ordered to investigate the Plaintiff’s claim and make a recommendation within a reasonable period of time on or before the expiry of the term of the 5th defendant.
The State Attorney filed a notice to abide.
10. Case No.: 45462/08
Nyandeni Regional Authority and another vs
Commission of Traditional Leadership Disputes & Claims
Ref No.: 1/4/65
Civil2008
Nyandeni Regional Authority brought an application in the High Court (Transvaal Provincial Division) in 2008 seeking amongst others an order on the following:
• Reviewing and setting aside the decision of the Commission conveyed to the applicant on 30 April 2008 that Nyandeni is not a kingship;
A notice to oppose was filed. The Nyandeni regional authority filed an application to include the President of RSA and the designated King (ZanozukoSigcau) in their opposing document.
11. Case No.: 41002/12
Siyambonga DalimvulaMatanzima vPresident of RSA & othersRef No.:10/3/2/7
Civil2012
The Acting Principal Traditional Leader Mr.DalimvulaMatanzima brought an application in the North Gauteng High Court, Pretoria where he sought among others, an order to review and set aside the decision of the following:-
• President in failing to recognise the Western Tembuland as kingship; and
• The Chairperson of the Commission in rejecting applicant’s claim and that of the people of Western Tembuland
The application is opposed. Papers have been filed in this regard.
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12. Case No.: 1472/2012
The Barolong Boo-RapulanaTraditional Council vCommission & 2 others Ref No.: 10/3/2/9
Civil 2012
Barolong Boo Rapulane brought an application before the North West High Court, Mafikeng to, compel the Commission to investigate the boundary dispute
Notice to abide filed by State Attorney, Mafikeng on behalf of the Respondents.
Applicants have filed a notice of withdrawal of action.
The matter can be regarded as finalised.
13. Case No.: 55035/12
Kgoshigolo KK Sekhukhune and another VS The Commission & 3 others Ref No.:10/3/2/10
Civil 2012
King KK Sekhukhune brought an application in the North Gauteng High Court, Pretoria where he sought among others,:-
• Reviewing and setting aside the First Respondent’s finding that the appointment of the First Applicant as acting kgoshigolo of Bapedi was irregular and not in line with the customs and customary laws of the Bapedi;
• Reviewing and setting aside the First Respondent’s finding that the Fourth Respondent is the rightful heir to the kingship of Bapedi;
• An order declaring that the Fourth Respondent’s claim in terms of section 25(2)(a) of the Traditional Leadership and Governance Framework Act, 41 of 2003 is invalid and that the investigation by the First Respondent of the claim is invalid in law;
• An order directing the Second and Third Respondents to refrain from recognising and appointing the Fourth Respondent kgoshigolo of the Bapedi tribe pending the determination of this review application; and
• An order declaring that the First Applicant is the acting kgoshigolo of the Bapedi tribe.
The application is opposed. Papers are being prepared for filing
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14. Case No.: 68630/12Mavis Elizabeth MmamoketeKekana VSCornelius Kgomotso Kekana and 7 othersRef No.: 10/3/2/11
Civil 2012
Ms Mavis Kekana brought an application on 29 November 2012 in the North Gauteng High Court for, amongst others, an order in the following terms:-
• That the forms and services provided for in the Rules be dispensed with and that this matter be heard as an urgent matter according to Rule 16 (12 (a) of the Court.
• That a rule nisi be issued calling upon Respondents or any interested party to show cause why an order in the following terms should not be confirmed:
• That the 3rd Respondent, alternatively the 5th or any of the Respondents are restrained pending an application for review and setting aside of decision of the 3rd Respondent from inaugurating and/or been confirmed as a Senior Traditional Leader;
• The Applicant is ordered to serve her application for review and setting aside the decision of the 3rd Respondent within 90 days from the date of this order- failing which the order will lapse
BhadrishDaya attorney was instructed to appear in court and make sure that the order of court stipulates the time frame that we proposed for filing of review application ( on or before15 January 2013).
On 29 November 2012, the court held that the applicants had not followed the proper procedures as stated in the Practice directive of the North Gauteng High court and had not proved urgency.
The application was dismissed with costs and struck off the roll.
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15. Case No.: 773/12
Masindi Clementine Mphephu vsRegent Toni Mphephu- Ramabulana & Others Ref No.:
Civil 2012
Mr.MasindiMphephu brought an application to the High Court for an order amongst others in the following terms-
a. Declaring that the Second Respondent’s decision dated 14 September 2012 to recognise the First Respondent as a King of Vhavenda community is unconstitutional and invalid;
b. Reviewing and setting aside the decision referred to in paragraph 1 above;
c. Declaring the rule of male primogeniture as it applies in customary law to the succession to the position of traditional leader as inconsistent with the Constitution and invalid to the extent that it precludes women from succeeding to the position of a traditional leader;
d. Declaring that the word “progressively” in the Preamble and in sections 2(3)(c), and 2B(4)(c) of the Traditional Leadership and Governance Framework Act No. 41 of 2003 is inconsistent in sections 2(3)(c), and 2B(4)(c) of the Traditional Leadership and Governance Framework Act No. 41 of 2003 is inconsistent with the Constitution and invalid;
e. Declaring that in terms of customary law-
The first Applicant is the sole Queen of the Vhavenda Queenship; alternatively the second Respondet is the sole King of the Vhavenda Kingship; and
(f) Substituting for the President’s decision referred to in paragraph 1, a decision that – The First Applicant is recognised as the sole Queen of the Vhavenda Queenship, alternatively the Second Applicant is recognised as the sole King of the Vhavenda in terms of the Traditional Leadership Act.
A notice of intention to oppose has been filed.
16. Case NO: 10313/13
Samuel Sibusiso KhumaloVs Premier of Mpumalanga, Mpumalanga PHTL, Sibhulo royal HouseChief SiveKhumala ofCogta: MpumalangaThe CTLD
Civil Mr.Mr.SibusisoKhumalo approached the North Gauteng High Court seeking an order to:
• Withdraw the recognition certificate of the current Nkosi
• Publish the Notice in the Gazette of the particulars of the removed Nkosi or
• The Premier be ordered to refer the matter to the royal family of Gutshwa
The application is opposed because the Provincial Committee has not issued a report in this regard.
17. Case No.: 264/13Kgosi JJ Ramokoka vsBosman N Ramokoka & others
Ref No.: 10/3/2/16
Civil2013
Kgosi Ramokaka brought an urgent interdict application to the North West High Court, Mafikeng
The application was opposed and judgement was given in favour of the Commission.
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18. Case No.: 9768/13
JJ Mahlangu & another Vs MP Mahlangu & others
Ref No.: 10/3/2/17
Civil2013
Mr. JJ Mahlangu brought an application to the North Gauteng High Court, Pretoria for, amongst others, an order in the following terms:-
PART A
6. That Part A of this application is heard at the earliest possible date and that the normal forms and rules of service be dispensed with in terms of rule 6(12);
7. That pending the final determination of the relief sought in PART B, an interim interdict be issued restraining the 1st Respondent from carrying himself as Senior Traditional Leader of the Sokhulumi community;
8. That the 2nd and 3rd Respondents’ decision to recognise the 1st Respondent as Senior Traditional Leader is set aside pending the finalisation of the opposition.
PART B
1. That the Applicant be declared by this Honourable Court to have been correctly appointed as the Senior Traditional Leader of the Sokhulumi community;
2. That the 2nd Respondent’s decision to recognise the 1st Respondent is set aside and declared null and void;
3. That the 1st Respondent is restrained from interfering with the administration of the Applicant.
A notice was filed to oppose, which notice was served on 19 February 2013.
Interdict application was dismissed with costs.
Applicant has filed notice of intention to amend his initial papers which is not opposed.
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19. Case No.: 13069/13
Sipho Wilson Cebekhulu
Civil2013
1. Mr Cebekhulu ordered the Commission through the Court to provide documents pertaining to the restoration of his Traditional leaders that was lodged with the Commission.
The Commission through its legal team is opposing the application.
The legal team was instructed to brief the Correspondent Attorney to appear in court on the 15 January 2014.The applicant withdrew the application
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20. Case Lehlomela Emmanuel Lion & others No.:1863/2013
Civil2013
1. Mr. Lion and others have lodged a case of review against the recommendations of the Commission that he is not a Senior Traditional Leader
The Commission is opposing the review application.
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4.5 Planned Policy Initiatives
Enactment of the Traditional Affairs Bill (TAB) The Traditional Affairs Bill is intended among others to bring to fruition recognition of the Khoi and San communities, leadership and structures.
The Bill was developed and extensive consultations on the Bill were conducted prior to its referral to Cabinet. In September 2013, Cabinet approved that the Bill be published in the Gazette for public comment. The extended closing date for comments was 31 December 2013. The analysis of the written comments has been finalised and the Bill is in the process of being refined whereafter it will be resubmitted to Cabinet for final consideration. It is envisaged that the Bill will be enacted during the MTSF period.
Enactment of the Initiation Bill
The Cabinet considered a draft policy on male initiation. It was subsequently decided that the draft policy should be broadened to include female initiation as well as the initiation practices of the Khoi and San communities. Further research was therefore conducted and an all-inclusive draft policy was developed.
The new draft policy is currently being consulted on with relevant national government departments, provincial government departments and the houses of traditional leadership whereafter it will be consulted on with certain Chapter 9 institutions and non-governmental institutions. The aim of the policy is to provide a uniform approach to the challenges being experienced with initiation practices. It is anticipated that the new policy will be resubmitted to the Cabinet before the end of the 2015/2016 financial year and will be enacted by 31 March 2020.
Regulation of the Interfaith Sector
Due to certain harmful practices within the interfaith sector there is a need for the regulation of the sector to ensure that it operates in line with Constitutional principles. In this regard, the Department developed a discussion document which was consulted upon with various stakeholders during the previous MTSF period. During this MTSF period, it has planned to develop regulatory framework for the interfaith sector.
5. Situational Analysis
In South Africa, the institution of traditional leadership exists alongside a democratic dispensation. The pertinent question that needs to be posed is about the location of the institution of traditional leadership in the context of the modern governance system. Research conducted on political transformation worldwide has shown that modern societies and systems of governance are constantly changing. It is evident that traditional institutions and governance have not kept pace with political, economic and social transformation. There is, therefore, creative tension between democratic and indigenous governance structures.
It is important to note that in countries where functions and duties of elected representatives and traditional leaders are not harmonised, the conflicts and overlap of functions have become extremely detrimental to local traditional communities and development. Countries such as South Africa, Zimbabwe and Ghana opted to harmonise the role of traditional leaders and elected representatives. This was achieved because the roles and responsibilities of each authority are distinct and are supposed to complement each other.
In most African countries, despite challenges encountered, traditional rule has been persistent over the years. Analysts have given
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a wide range of possible explanations for this phenomenon, focusing on various sources of legitimacy, issues of performance or function, and leadership qualities. These analysts have drawn different conclusions, most notably with regard to whether they believe that traditional rule survives and thrives because of the support of civil society, or because of the state, contrary to the will of the rural communities themselves.
The challenge pertaining to the location and developmental role of traditional leaders continues to be elusive. Traditional leaders represent the remnants of the pre-colonial cultural features as defined in Article 1, No. 169 of Indigenous and Tribal Peoples Convention, which states that “tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions, or by special laws or regulations.”
Almost 21 million people constitute rural and traditional communities in South Africa. Therefore, the strategic role of the Department of Traditional Affairs (DTA) is to strengthen this institution of traditional leadership to discharge its role of promoting and contributing to service delivery, socio-economic development, nation building, moral regeneration and preservation of customs and culture within their geographic areas.
5.1 Performance Environment
The Department of Traditional Affairs is a custodian of coordination of traditional affairs across the spheres of government. To this effect, the Department, through extensive consultation with key stakeholders, has developed the Traditional Affairs strategy informed by the needs of the traditional affairs sector. The strategy is aimed at ensuring alignment and integration of national traditional affairs plans with those of provinces, traditional affairs entities and government-wide outcomes and priorities.
The concept of “traditional affairs” includes, among others, the institution of traditional leadership, Khoi and San leadership, governance, administration of justice, spirituality (interfaith) and other valued community practices and protocols.
After the appointment of the Executive leadership in August and September 2010 respectively, the DTA further unpacked the notion of “expanded mandate” to include other aspects of traditional affairs, informed by the legislative framework and the outcome of the assessment of the state of governance of the established structures of traditional leadership conducted in 2011/12.
The DTA developed the elements of traditional affairs as shown below.
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ELEMENTS OF TRADITIONAL AFFAIRS
SOCIAL COHESION AND NATION BUILDING
Institutional Support & CoordinationP A
R T
N E R
S H
I P S P A R T N E R S H I P S
PoliticalEconomicalSocialTechnologicalEnvironmentalLegal
Development• Culture• Heritage• Socio-
economic• Language
• Language• Religion
(documenting)
Governance• IGR• Partnerships• Coordination• Capacity• Systems
(Legislation)
• Structures & institution
• Resources• Acc• Norms & Std
Administration of Justice
•Kingship/ Queenship
•Senior Traditional leader
•Headmen/ women
•Khoi-San leadership
•Heritage•Traditional Courts
•Land issues•Restorative justice
Promotion & Protection
•Human Rights•Language•Cultural Practices•Social cohesion & nation building
• NHTL, PHTL, LHTL & TCs & KSCs• Khoi-San leadership & Structures• Coordinate National departments &
provincial and local governments
Information on Legislation, Policy & Research
•Information Management
•Information System
•Research•Policy
Culture• Language• Spirituality• Protocols• Music• Values• IKS• Traditional healing &
medicines
Leadership
• Traditional leadership• Khoi-San leadership• Cultural communities• Traditional church leadership
The Department’s key partners are traditional leaders, Khoi and San and the interfaith sector. There are 8241 recognised traditional leaders by the state and the Department’s mandate is to ensure that they are supported to fulfil their roles within their communities. The following table indicates a break-down of traditional leaders per level and province:
No. Province Senior Traditional Leaders
Headmen / Women
Kings Principal traditional leaders
TOTAL
1 Eastern Cape 215 1193 4 2 14142 Northern Cape 8 25 0 0 333 Limpopo 183 2118 1 (1Court
interdict)0 2303
4 Mpumalanga 58 522 2 0 5825 Gauteng 2 14 0 0 166 KwaZulu Natal 296 3372 1 0 36697 North West 54 59 0 0 1138 Free State 13 96 2 0 111
829 7399 11 2 8241Total
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South Africa has well established traditional leadership structures and institutions, few of which have been fairly effective in discharging their functions. There has been great success in establishing institutional mechanisms and legislative frameworks for traditional leadership.
Legitimate structures of traditional leadership at National, Provincial and Local government levels are established. These structures include Houses of Traditional Leaders, the Commission on Traditional Leadership Disputes and Claims and its provincial committees. These structures have been successful in recognising and reaffirming the institution of traditional leadership as part of the South African governance system.
The Department of Traditional Affairs conducted a study on the institution of traditional leadership in Ghana, Namibia, Botswana, Kenya and Zimbabwe. The findings of this study show that in comparison to these countries, South Africa has made significant progress with regard to the recognition, reaffirmation and government support of traditional leadership institution and establishment of recognised and legitimate structures of the institution.
One of the pillars of the Department’s mandate as derived from Section 185 (1) (b) of the Constitution is to ensure the promotion and protection of indigenous languages, heritage, customs, cultural and traditional practices, and interfaith. In line with this section, the Department should ensure that the heritage of traditional, interfaith, Khoi and San communities are promoted, restored and protected.
Furthermore, the Department should ensure that there are harmonious relations between and within cultural, religious and linguistic communities.
To this end, the Department has developed institutional mechanisms to support and promote interfaith formations, and has entered into a Memorandum of Understanding with the South African Heritage Resource Agency for
the identification and restoration of traditional leadership, Khoi and San heritage sites for cultural tourism attraction and therefore contribution to socio-economic development in these communities. In addition, the Department succeeded in institutionalising its support to the Khoi and San structures and has established the National Khoi and San Council for engagement with government on Khoi and San issues.
The Department will continue to support and strengthen the National Interfaith Council of South Africa (NICSA). Together with NICSA, the Department established three interfaith structures at provincial level. These efforts, as well as the involvement of the Department in the NICSA planning processes and vice versa, are good opportunities for government to achieve national unity and social cohesion in the country. In addition, the Department will continue its support to the NHTL, CTLDC and CRL Rights Commission to ensure that they achieve their mandates.
Despite the highlighted successes, there are still challenges that require interventions to ensure that improved service delivery in communities under the jurisdiction of traditional leaders is not stumbled. Among others, the following key challenges will be addressed by the DTA 2014-2019 Strategic Plan and the 2015/16 Annual Performance Plan.
Despite the highlighted successes, there are still challenges that require interventions to ensure that improved service delivery in communities under the jurisdiction of traditional leaders is not stumbled. Among others, the following key challenges will be addressed by the DTA 2014-2019 Strategic Plan and the 2015/16 Annual Performance Plan.
Moving the Dysfunctional Traditional Councils and those at risk to a functional state
The COGTA Ministry embarked on the Back to Basics Approach from 2014/15. The Back
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to Basics approach is centred on the following five pillars which will be utilized to monitor performance of municipalities to ensure that they perform basic responsibilities. Since Traditional councils (TCs) operate in the same space as municipalities it was critical that TCs are also monitored and supported to collaborate with municipalities for improved service delivery.
To ensure that the collaboration is realised, during the 2014/15 financial year, as the first phase of implementing the Back to Basics Approach within the Traditional Affairs sector, the Department undertook an extensive exercise of assessing the functionality of all the 829 Traditional Councils to come up with appropriate interventions. The process was intended to categorise Traditional Councils in terms of their functionality and developing support plans for those TCs that are dysfunctional.
The assessment was based on the following criteria:
• Governance: Whether a Traditional Council was constituted and transformed from tribal authority to traditional council in line with the TLGFA incorporating community engagement, 1/3 of women participants, 40% of community members, participation of the Traditional Council in integrated development planning processes, Holding of Traditional council meetings, if the TC has measures in place to fight fraud and corruption)
• Financial Accountability: Good financial record keeping of revenue collected within communities and other financial allocations, transparency and accountability in relation to the TC’s finances
• Community Stability: Whether the TC is without conflict, disputes and claims and no litigations
• Adequate resources: competent staff, well-equipped offices
• Management of Partnerships and relations: TC having good understanding of government vision and programmes, competent enough to deal with royalties and involvement in the management of social labour plans, ensures compliance with the Mineral and Petroleum Resources Development Act ( Act no. 28 of 2002), skilled to manage business relations)
• Culture and Heritage: Preservation and promotion of culture and heritage that are in line with Bill of Rights; adaptation and modernisation of cultural practices that are harmful to ensure that they conform to the Bill of Rights (No casualties resulting from harmful cultural practices)
• Administration of Justice: Restoration of the dignity and integrity of the traditional leadership institution, traditional courts run effectively and to ensure that the presiding offers are adequately skilled, the courts are run in line with the Bill of Rights
• Land administration and management: release of land for development and an integrated approach to land management and its use between TCs and municipalities
From the assessment, the TCs will be classified into the following three categories according as follows during 2015/16 FY:
- Category A: Good (functional) Traditional Councils
- Category B: Traditional Councils at Risk - Category C: Dysfunctional Traditional
Councils
Subsequent to the finalisation of the categorisation of the TCs, this strategic plan will over the medium term period develop and implement a support plan to reduce the number of dysfunctional TCs and those at risk and increase the number of functional TCs.
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Participation of traditional leadership in government structures
Central to service delivery within traditional communities, is the capacity and functionality of traditional leadership and structures to participate meaningfully in government planning and implementation of programmes, including effective participation in the integrated development planning (IDP) processes. This has been and remains a challenge that should be addressed within the principle of cooperative governance. In particular, effective and meaningful participation of traditional leadership structures in local government structures and the IDP processes can contribute to sustainable development within rural, traditional, Khoi and San communities.
In light of the above, there are limitations in the existing legislation that negatively affect the effectiveness, functionality and governance of the institution in relation to its effective participation within municipal councils. In this regard, the limitations of the Local Government Municipal Structures Act of 1998 and the processes provided for in Section 81 of the Act in respect of the participation of traditional leaders in municipal councils are inadequate.
To address this challenge, the Department has, in the 2013/14 financial year, developed an Interim Framework for the participation of traditional leaders in municipal councils. In the 2014/15 financial year, the Department will, among others, address this challenge by facilitating and monitoring the implementation of section 81 of the Framework.
Working relationships between the Institution of Traditional Leadership and Local Government Structures
The Framework referred to above intends to set out the roles of traditional leaders when
participating in municipal council proceedings.The establishment and maintenance of good relations between the institution and local government structures will go a long way in improving and sustaining service delivery within areas of jurisdiction of traditional leaders.
The influential nature of traditional leadership in their communities presents an opportunity for government in relation to collaboration for rural development. It therefore requires that the institution of traditional leadership is capacitated to participate meaningfully in government programmes and to know its role.
It is also imperative that there are harmonious relations between government and this sector to ensure improved service delivery in rural communities. This can be achieved through the institution’s active participation in government structures, particularly at local government level. The Department will, over the medium term period, implement interventions to address this matter.
Despite the above challenges, studies conducted by the Department indicated that there are pockets of excellence within the institution of traditional leadership regarding working relationships between the institution and local government structures.
Furthermore, the findings of the assessment and profiling of traditional councils in 2013 indicated that there are best practices on working relations between traditional leaders and local government structures in some provinces, including successful traditional leadership projects for socio-economic and rural development at community level, effective participation of traditional leadership in municipal councils, best partnerships for community development between traditional leadership, private and government institutions.
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These are opportunities which the Department will leverage to create sustainable development within traditional communities and to advance rural development. In 2014/15, the Department will share these practices and look at how they can be replicated in other parts of the country.Court litigation on traditional leadership claims and disputes
The acceptance of the recommendation of the CTLDC by government on the recognised kingships resulted in dissatisfactions amongst some claimants or interested parties. Dissatisfied parties have approached the high court to seek relief or to overturn the recommendations of the CTLDC and decision of government.
This poses a challenge for the Department and could delay the establishment of kings’ councils in areas where the kingship is still in court, as well as the performance of CTLDC. This challenge subsequently renders the affected kings ineffective because they cannot operate as kings. This issue also affects stability, leads to tensions and conflict within the affected communities and is therefore a threat to social cohesion in those areas.
The Department will in this MTSF period look at strategies to reduce the number of litigations by developing genealogies of each kingship, queenship and senior traditional leadership.
These genealogies will be consulted upon and adopted by the royal families. It is envisaged that if the genealogies are adopted as valid by the royal family the probability of them being disputes later will be limited, and there will not be disputes and litigations against the person appointed by government at the rightful heir in future.
The genealogies will also use the genealogies to avert the effect of litigations. Furthermore, the Department will also look at an option of settling
out of court as it has successfully done in one of the cases.
Management of partnerships within the institution
Different levels of traditional leadership have established partnerships for rural development with the private and public sector institutions. The challenge is that there is no coordinated mechanism for these partnerships. Traditional leadership institutions are not adequately empowered to manage the contractual agreements and relationships resulting from these partnerships.
The Department in the 2012/13 and 2013/14 financial years, as a coordinator of traditional affairs across the three spheres of government, developed a Partnership Model that provides a basis, framework and guidelines for effective management of future and current partnerships within the institution.
Inadequate capacity of the structures of traditional leadership to perform their roles and functions
One of the findings of the assessment of state of governance of traditional leadership structures indicated that the main factor that contributes to traditional leadership not being able to play their advisory and supportive role to government and governance is inadequate understanding of the mandate of the institution in the democratic dispensation.
In addition, the institution does not have adequate skills, knowledge, resources and competencies to be at the centre of development and form an integral part of the South African governance system -- the core of its existence and functions.
This challenge requires a long term strategy and approach that will result in well capacitated
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and sustainable institutions that are self-sustaining through community initiatives and private partnerships with limited dependence on government for support. The Department continues to implement the Traditional Affairs Capacity Building Plan to address this matter and to ensure that the institution is empowered to sustain itself. In this regard, the Department has been successful in finalising and implementing both the Traditional Leadership Empowerment Programme and the Outreach Programme in 2011/12-2013/14. Part of implementing the two programmes was the development and adoption by all stakeholders of the Framework for tools of trade for traditional leadership.
The Framework provides norms and standards for provision of resources to traditional leadership structures to deliver on their mandates and provides an opportunity for government to succeed in empowering the institution to perform its supportive role to government and be a key stakeholder in development and service delivery.
Systems for government support to the institution of traditional leadership are now established and institutionalised through these frameworks and strategies. The Department will therefore, among others, focus on monitoring the implementation of these frameworks, strategies and programmes in 2014/15.
Formal recognition and affirmation ofKhoi and San leadership, structures and communities
The other challenge within the traditional affairs sector is the absence of statutory recognition and affirmation of Khoi and San communities and leaders. This matter, if not addressed, may hamper service delivery in the Khoi and San communities and might pose a threat to nation building and social cohesion in the country. This matter is one of the priorities of the Department.
The Department will work tirelessly to ensure that the Traditional Affairs Bill is taken through parliament.
The DTA 2015-2020 Strategic Plan and 2015/16 Annual Performance Plan play a critical role in addressing these challenges.
Progress in implementing 2011/12-2013/14 DTA Strategic Plan
The DTA 2011/12 to 2013/14 Strategic Plan identified the following strategic objectives:
• alignment and standardisation of legislation and support framework for traditional leadership across the three spheres of government;
• knowledge management within traditional affairs;
• empowerment of the institution of traditional leadership;
• promotion and integration of the role of traditional affairs within the South African governance system; and
• Promotion and coordination of heritage of traditional, Khoi, San and interfaith communities.
The following section provides progress in relation to the above strategic objectives as set out in the DTA 2011-2013 Strategic Plan.
Alignment and standardisation of legislation and support framework for traditional leadership across the three spheres of government
In terms of the policy and legislation review process, the Department has developed a Traditional Affairs Bill to close gaps in the existing traditional leadership legislation and to ensure that there is alignment and standardisation in
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the implementation of legislation on traditional leadership across all spheres of government.
The Bill consolidated the Traditional Leadership and Governance Framework Act and the National House of Traditional Leaders Act into one piece of legislation. The Bill will, among others, address the Khoi and San issues and promote alignment of national and provincial legislation as well as consistent application and implementation of traditional affairs legislation. It is envisaged that the Bill will be enacted during the 2014-2019 MTSF period.The Department has also developed a policy which is intended to address the challenges of initiation in the country and to ensure uniformity in the practice across all provinces. The policy addresses the whole spectrum of initiation, namely male, female, Khoi and San initiation. This policy may ultimately lead to initiation legislation at national level.
To facilitate alignment of provincial traditional affairs legislation with the Traditional Leadership Governance Framework Act and consistency in implementation of the Traditional Leadership and Governance Framework across provinces, the Department supported North West, Free State, Limpopo, Mpumalanga and Northern Cape provinces to reconstitute traditional councils to ensure that they are legal structures to perform their constitutional mandates.
Knowledge management within traditional affairs
The Department has developed an electronic information management system. Data on traditional communities, traditional councils in South Africa, and members of the national and provincial houses has been captured in the system.
The mushrooming of headmen and headwomen
has been a challenge for the sector. There are also inconsistencies in the appointment and functions of headmen in provinces. Towards addressing this challenge, research was conducted on the norms and standards for the appointment of headmen and headwomen across provinces. The norms and standards will be developed and implemented in this medium term period to address issues of consistency across provinces.
Protocol guidelines for kingships, queenships and senior traditional leaders have been developed as part of enhancing knowledge on protocols within the whole government. They are intended, amongst others, to guide the relationship between traditional leaders and government, which includes the relationships between traditional leaders and public office bearers and other public representatives at national, provincial and local level; specifically to improve the working relations between the parties.
The Protocol Guidelines for kingships, queenships and senior traditional leadership were finalised in 2014/15 and the Department will facilitate their inclusion in the state protocol manual during the 2014-2019 MTSF period. During this financial year they will be shared with government institutions to assist government when it has projects that require its engagement with traditional leadership.
Empowerment of the institution of traditional leadership
A National Traditional Affairs Capacity Building Strategy and Plan have been developed and are currently implemented to attain this strategic objective. The purpose of these interventions is to empower the institution of traditional leadership to perform its functions. Implementation of the strategy and plan included the implementation of
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a Traditional Affairs Empowerment Programme.
To this end, the Department trained houses of traditional leaders on the legislation impacting on their work and their roles and functions as stipulated in the different pieces of legislation as well as on other government programmes within communities.
In order to strengthen and monitor the implementation of the Empowerment programme, the Traditional Affairs Implementation Forum, which is comprised of DTA, provinces, traditional affairs entities and sectors, has been established and is fully functional. This structure has been successful in coordinating and aligning capacity building efforts for the institution and other traditional affairs imperatives across the three spheres of government.
Furthermore, a Framework on the Tools of Trade for Traditional Leadership intended to guide the provision of resources to traditional leadership structures to discharge their duties, has been finalised and its implementation started in 2014/15. The Department will in this financial year coordinate and monitor implementation of the framework by provinces.
Promotion and integration of the role of traditionalaffairswithintheSouthAfricangovernance system
The Department developed a Partnership Model and is currently coordinating the implementation of the model in all provinces. The model makes provision for traditional leadership structures to form partnerships with government, private sector and civil society. It provides guidelines for effective management of these partnerships to ensure that they translate into economic benefits and development for traditional communities. In this financial year, the Department will start
monitoring the implementation of the model.
Promotion and coordination of heritage of traditional, Khoi, San and interfaith communities
Together with SAHRA, the Department developed a programme to honour traditional and religious leaders who contributed during the struggle against colonialism and apartheid. Furthermore, as part of the implementation of the programme, the Department together with SAHRA unveiled the statue of Kgoshi Mampuru II and restored the grave of Manchi Masemola in 2014/15.
The Department will continue its partnership with SAHRA, the Departments of Tourism and Arts and Culture to promote heritage sites and develop them into cultural tourist attraction sites to advance economic development in rural communities.
2015-2019 Planned Evaluations
The Department did not conduct evaluations in the past five years because it was established in 2009. In the 2014/15 financial year, the Department developed a five year Evaluation Plan to guide evaluations within the Department and to inform the department’s planning and policy decisions. The implementation of the Evaluation Plan will start in 2015/16.
5.2. Organisational Environment
The Department conducted a SWOT (Strengths, Weaknesses, Opportunities and Threats) analysis in June 2014. This indicated that the Department was not adequately focusing on other thrusts of its mandate, namely heritage development of traditional, interfaith, Khoi and San communities.
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These other thrusts and functions of the Department’s mandate are also not included in the Department’s approved organisational structure. In order to address this gap, the Department has reviewed its organisational structure to include these functions. The structure has been approved at Ministry level; and it will be submitted to the Ministry of Public Service and Administration as well as National Treasury for approval.
Furthermore, the 2014-2019 Strategic Plan includes targets on heritage development of traditional, interfaith, Khoi and San leadership and communities to ensure that issues of heritage are addressed.
In addition, during the 2014/15 financial year, the Department through the Management Performance Assessment Tool (MPAT) of the Department of Performance Monitoring and Evaluation did self-assessment of its corporate governance systems. This exercise identified gaps within the Department, which were addressed by developing an MPAT Improvement Plan. The Administration Programme is responsible for the implementation of the Plan. Furthermore, the Department had developed a Post Audit Action plan to address all the gaps identified by the Auditor General and Internal Audit during the 2013/14 and 2014/15 financial years.
Progress on implementation of the MPAT and PAAP is monitored quarterly as part of the Departmental Quarterly Performance Review, in addition to reviewing performance on the annual performance plan. The 2015/16 Annual Performance Plan also includes some of the projects in the MPAT Action Plan and PAAP to ensure that management and governance systems of the Department are improved to effectively support the sector and improve service delivery.
There are three traditional affairs entities that report and are accountable to the Minister of Cooperative Governance and Traditional Affairs. The three entities are National House of Traditional Leaders (NHTL), Commission on Traditional Leadership Disputes and Claims (CTLDC) and the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRLRC).
The first two are part of the Department of Traditional Affairs and departmental human resources have been allocated to these two, whilst the latter is an independent Chapter 9 institution.
All three entities play a major role in the achievement of the Traditional Affairs sector priorities and in achieving the mandate of the Department. There is an operational link between the work of the CRLRC, NHTL, CTLDC and the Department’s work; hence the three entities are all involved in the Departmental Planning to ensure alignment of their plans with the Departmental plans.
The Department has established several strategic partnerships with both the private sector and public institutions. In this regard, the Department has signed memoranda of understanding with the Departments of Home Affairs, Cooperative Governance, Science and Technology, Correctional Services as well as the South African Local Government Association.
The following are some of the key partnerships that the Department has established and that have already yielded results and contributed to the achievement of the Department’s strategic objectives and mandate for the benefit of communities:
• A memorandum of understanding with Anglo Platinum Limited for skills and economic
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development of traditional communities where Anglo Platinum has mining operations.
• A memorandum of understanding with the South African Heritage Resource Agency for the identification, restoration and development of traditional, Khoi, San and Interfaith sacred and heritage sites into cultural tourism attraction sites.
• A cooperation agreement with the South African Justice College for training of Traditional Leadership on indigenous/customary law and restorative justice.
• A cooperation agreement with the South African Police Services to provide security to kings and to facilitate participation of traditional leadership in the implementation of Rural Safety Strategy.
• A cooperation agreement with the National Lotteries Board to provide support to rural communities to access the Board funding for rural development projects.
Internally, the Department of Traditional Affairs has three programmes, as indicated in the organisational structure below. The three programmes are Administration; Research, Policy and Legislation; and Institutional Support and Coordination.
The Administration programme is comprised of Internal Audit, Office of the Director-General and Corporate and Financial Services. It offers internal audit services, corporate, financial and strategic management and governance support to the two line function programmes and entities. The administration programme functions are performed by two Chief Directorates and the Internal Audit Directorate reporting to the Director-General, namely Chief Director: Corporate Services and Chief Director: Office of the Director-General and Senior Manager: Internal Audit.
The Chief Directorate: Corporate and Financial Services sections started being operational during the 2014/15 financial year.
5.4. Description of Strategic Planning and Integrated Planning Process COGTA Ministry adopted the Back to Basics (B2B) Approach to be implemented over the current MTSF period which informed the Department’s 2015-2020 Strategic Plan and the 2015/16 Annual performance Plan. Therefore the Department’s 2015-2020 is based on among others, the following five B2B Approach thematic areas:
• Putting people and their concerns first-listen and communicate;
• Delivering basic services to the right quality and standard;
• Good governance and sound administration;• Sound financial management and accounting
and fighting corruption; and• Building institution and administrative
capabilities.
The Ministry of Cooperative Governance and Traditional Affairs led by the Minister had a strategic Planning session in August 2014. Participants in the session included all Top Management officials of the Departments of Cooperative Governance and Traditional Affairs and Municipal Infrastructure State Agency (MISA).
In this session, the alignment of the DTA plans with the National Development Plan (NDP) priorities, 14 government outcomes (Medium Term Strategic Framework), Minister’s Delivery Agreement and the Back to Basics Approach was emphasized. Furthermore, the emphasis was that although the Department does not lead any of the 14 government outcomes and NDP chapters, it should identify the outcomes and sub-outcomes in the MTSF which are relevant
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to its mandate and where they can be a support department to the lead departments.
In this session the priorities of the Department over the MTSF were identified, five year strategic objectives were developed and aligned to the government outcomes and relevant sub outcomes as well as the five thematic areas of the Back to Basics Approach. Furthermore, the Department identified the four outcomes and their related sub-outcomes that it can support in line with its mandate.
The four outcomes identified are:
• Outcome 2: A long and healthy life for all South Africans;
• Outcome 7: Vibrant, equitable and sustainable rural communities and food security for all;
• Outcome 9: Responsive, accountable, effective and efficient developmental local government system; and
• Outcome 14: Nation Building and Social Cohesion
Following this session, the Department held a strategic planning session in August where all the Senior Management Service (SMS) and Middle Management Service (MMS) officials including the officials from the National House of Traditional Leaders (NHTL) and the Commission on Traditional Leadership Disputes and Claims (CTLDC) participated to develop the 2015-2020 Strategic Plan and 2015/16 Annual Performance Plan. In this session the following documents were presented and analysed to inform the 1st draft strategic plan;
• National Development Plan (NDP) priorities;• MTSF Document (Government 14
Outcomes);• Minister’s Delivery Agreement;• Priorities identified by the President during
the opening of the National House of
Traditional Leaders (NHTL);• Previous inputs and discussions from CoGTA
Portfolio and Select Committees;• Recommendations from the report on the
assessment of the state of governance of traditional leadership structures;
• The Department’s 2014 Management Performance Assessment Tool (MPAT) self-assessment.
During this session, the Department also identified the NDP chapters and MTSF (14 Government Outcomes) to which the Department will contribute; and subsequently aligned its strategic outcome oriented goals and objectives to the relevant chapters and outcomes.
In this session, the process of aligning the priorities and strategic objectives with the MTSF and the Back to Basics Approach continued. The Department identified strategic objectives and projects that the Department will include in its 2015-2020 Strategic Plan and 2015/16 Annual Performance Plan to support achievement of the identified government outcomes and sub-outcomes as a support Department.
The strategic objectives and projects were then translated into targets that will be implemented over the 2014-2020 MTSF period. Furthermore, the session developed five year targets, indicators and identified strategic risks that may hamper achievement of the identified strategic objectives. The outcome of this session was the 1st drafts 2015-2020 Strategic and 2015/16 Annual Performance Plans.
The first draft 2015-2020 Strategic Plan and the 2015/16 Annual Performance Plan were then submitted to the Department of Planning, Monitoring and Evaluation on 30 August 2014 for inputs. In October 2014, the DPME analysed the Department’s draft plans and provided inputs and recommendations to improve the plans and
to strengthen the alignment of the plans with the MTSF.
Following the DPME recommendations the Department held a strategic planning session with Heads of Traditional Affairs in Provinces and the Department’s Entities. The purpose of the session was to discuss and agree on the Traditional Affairs MTSF priorities, develop joint Traditional Affairs indicators in order to align and integrate Traditional Affairs plans of national provinces, and entities.
The result of this session was draft Traditional Affairs indicators which were subsequently presented to and adopted by provinces for inclusion in the provincial traditional affairs MTSF plans.
Following the adoption of the joint traditional affairs indicators by provinces and entities, the Department held the final strategic planning session in November 2014. The purpose of the session was to finalise the Strategic Plan and the Annual Performance Plan, including revising the plans and incorporating the recommendations of DPME and the sector indicators. In this session, the revised strategic plan and annual performance plan were discussed and adopted for submission to the Minister for approval.
6. The DTA Strategic Outcome Oriented Goals of the Institution
The Department‘s three strategic outcome oriented goals for the MTSF period are as follows:
6.1 Transformed, functional, accountable and sustainable institution of traditional leadership; 6.2. Stable and cohesive traditional communities; and
6.3. Community focused, development oriented, efficient and effective Department that complies with legislation and good corporate governance principles.
These three outcome oriented goals were aligned to the National Development Plan and MTSF priorities; specifically the following chapters 6, 13, 15 and 10 of the NDP and government outcomes 2.7, 9, 12 and 14. The table below outlines the alignment.
7. DTA’s 2015/16 - 2019/20 Medium Term Strategic Priorities
Emanating from the above planning process, the Department identified the following five priorities over the medium term period:
• Restoration: Stabilisation and strengthening of Traditional leadership institution;
• Development of policies, legislation and regulations towards transformation of the sector;
• Establish partnerships for revival and activation of economic activities and participation towards sustainable livelihoods in traditional communities, working in collaboration with other Sector Departments and private sector;
• Promotion of cultural and customary way of life which conforms to the Bill of Rights, Constitutional and democratic principles; and
• Coordination of interfaith to promote Social cohesion and nation building.
8. Links and Alignment with Government-wide Priorities and Outcomes
The Department’s 2015-2020 Strategic Plan and 2015/16 Annual Performance Plans support the NDP Chapters and MTSF (government outcomes); specifically the following chapters
83|| Strategic Plan 2015-2019 Back to Basics Approach SECTION B: Department of Traditional Affairs
and government outcomes:
• Chapter 6: Inclusive Rural economy• Chapter 10: Promoting Health• Chapter 13: Building a capable and
developmental state• Chapter 15: Transforming society and uniting
the country
Government Outcomes/MTSF:
• Outcome 2: A long and healthy life for all South Africans;
• Outcome 7: Vibrant, equitable and sustainable rural communities and food
security for all;• Outcome 9: Responsive, accountable,
effective and efficient developmental local government system; and
• Outcome 12: An efficient, effective and development-oriented public service
• Outcome 14: Nation Building and Social Cohesion
Alignment with the National Development Plan and MTSF (Government Outcomes)
84|| Strategic Plan 2015-2019 Back to Basics Approach SECTION B: Department of Traditional Affairs
ND
P C
hapterM
TSF (G
overnment
Outcom
es)
MTSF (G
overnment) Sub O
utcomes
DTA Strategic
Outcom
e Oriented
Goals
DTA Strategic O
bjectives5 Year Target
Chapter 6:
Inclusive R
ural econom
y
Vibrant, equitable and sustainable rural com
munities
and food security for all
Sub-outcome 1: Im
proved land adm
inistration and spatial planning for integrated developm
ent in rural areas
Sub-outcome 2: Sustainable Land
Reform contributing to agrarian
transformation
Sub-outcome 3: Im
proved food security in rural areas
Transformed, functional,
accountable and sustainable institution of traditional leadership
To promote socio-
economic and cultural
development w
ithin Traditional Com
munities
4 Projects in the NHTL Program
me for socio-
economic and cultural
development of Traditional
Comm
unities implem
ented:
- NHTL Food security support project- NHTL HIV and AIDS Prevention support project- Initiation cultural practice Intervention project- NHTL Cultural developm
ent project
Chapter 13:
Building a capable and developm
ental stateM
TSF:
Responsive, accountable, effective and efficient developm
ental local governm
ent system
Sub-Outcom
e 2: Intergovernmental and
democratic governance arrangem
ents for a functional system
of cooperative governance and participatory dem
ocracy strengthened Sub-O
utcome 3: Sound financial and
administrative m
anagement
Sub-outcome 4: Prom
otion of social and econom
ic development
Transformed, functional,
accountable and sustainable institution of traditional leadership
• To increase the number
of functional structures of traditional leadership by 31 M
arch 2020• To facilitate collaborative
relations of the institution of traditional leadership w
ith the three spheres of governm
ent, civil society and the private sector for im
proved service delivery and socio econom
ic developm
ent within
traditional comm
unities by 31 M
arch 2020
165 Traditional Councils functional
5 partnerships functional and benefit traditional com
munities
Chapter 10:
Promoting
Health
Outcom
e 2:
A long and healthy life for all South Africans
Sub-outcome 8: HIV & AIDS and
Tuberculosis prevented and successfully m
anaged
Transformed, functional,
accountable and sustainable institution of traditional leadership
To promote safe, healthy
and legal initiation practices and support the Departm
ent of Health HIV/AIDS aw
areness program
me
• 70% reduction in
fatalities resulting from
the initiation practice • Initiation Bill processed
through parliament
• NHTL HIV and AIDS Prevention support project im
plemented in
collaboration with the
Department of Health
and SANAC
Chapter 15:
Outcom
e 14:
Nation Building and Social Cohesion
• Sub-outcome 1:
• Fostering Constitutional Values (gender equity, hum
an rights and rights of people w
ith disabilities, wom
en, children)• • Sub-outcom
e 2: • Equal O
pportunities, Inclusion and Redress (culture and heritage prom
otion)
Transformed, functional,
accountable and sustainable institution of traditional leadership
To develop, review, m
onitor and support im
plementation of
traditional affairs policies and legislation for transform
ation of the institution of traditional leadership
Traditional Affairs Bill
processed through parliam
ent
Chapter 15:
Outcom
e 14: Nation Building and Social Cohesion
• Sub-outcome 2:
• Equal Opportunities, Inclusion and
Redress (culture and heritage prom
otion)• Sub-outcom
e 3: • Prom
oting Social Cohesion across society through Increased Interaction across race and Class
Stable and cohesive traditional com
munities
To promote peace, stability,
culture, heritage and cohesiveness of traditional com
munities by 31 M
arch 2020
50% of unresolved
traditional leadership disputes w
hich were
lodged before 31 Mar 2015
resolvedG
enealogies and customary
laws of succession of 11
Kingships developed and endorsed by the Kingships5 projects in the Heritage and Cultural Prom
otion Strategy im
plemented
Protocol Guidelines of
Traditional leadership endorsed by the leadership and included in the State Protocol
Chapter 13:
Building a capable and developm
ental state
Outcom
e 12: An efficient, effective and developm
ent-oriented public service and an em
powered, fair
and inclusive citizenship
• Outcom
e 12: • An efficient, effective and
development-oriented public service
and an empow
ered, fair and inclusive citizenship
Comm
unity focused, developm
ent oriented, efficient and effective Departm
ent that complies
with legislation and good
corporate governance principles
• To integrate and align planning, perform
ance m
onitoring, reporting, inform
ation managem
ent and com
munication
systems w
ithin the Traditional Affairs Sector by 31 M
arch 2020• To im
prove internal control system
s by 31 M
arch 2020
8 provinces with annual
performance plans aligned
to the Traditional Affairs Sector Plan and reflecting traditional affairs core sector indicators
50 audits conducted
PAAP developed and im
plemented
9. The DTA Strategic Outcome Oriented Goals
The Department has identified the following strategic outcome oriented goals for the MTSF period:
• Transformed, functional, accountable and sustainable institution of traditional leadership; • Stable and cohesive traditional and interfaith communities; and• Community focused, development oriented, efficient and effective Department that complies with legislation
and good corporate governance principles.
88|| Strategic Plan 2015-2019 Back to Basics Approach SECTION B: Department of Traditional Affairs
Transformed, functional, accountable and sustainable institution of traditional leadership
Goal Statement The goal entails:
• Reducing the number of fatalities resulting from the initiation practice by 31 March 2020
• Implementing 10 projects in the Revised Initiation Intervention Programme implemented by 31 March 2020
• Implementing the NHTL Socio-Economic Programme for Traditional Communities
• Enacting 2 pieces of legislation (TKLGB-TAB • Initiation Act) enacted by 31 March 2020• Increasing the number of functional TCs by 20% by 31 Mar 2020• Establishing 5 functional partnerships that benefit traditional communities
by 31 March 2020
Indicators • % reduction in the number of fatalities resulting from cultural initiation practices by 31 March 2020
• Number of projects in the Revised Initiation Intervention Programme implemented by 31 March 2020
• Number of pieces of legislation enacted by 31 Mar 2020• % increase in the number of functional TCs by 31 March 2020• The number of functional partnerships that benefit traditional communities
established by 31 March 2020
Outputs • 70% reduction in fatalities resulting from the initiation practice by 31 March 2020
• 10 projects in the Revised Initiation Intervention Programme implemented by 31 March 2020
• 2 pieces of legislation (TKLGB-TAB • Initiation Act) enacted by 31 March 2020:• 20 % increase in the number of functional TCs by 31 Mar 2020• 5 partnerships functional and benefit traditional communities established
by 31 March 2020• Development and implementation of the NHTL Socio Economic
Programme for Traditional Communities
Links with NDP Chapters
Chapter 15: Nation Building and Social Cohesion
Links with MTSF/Government Outcomes
Outcome 14: Nation Building and Social Cohesion
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Stable and cohesive traditional communities
Goal Statement The outcome entails:• Development of a Traditional Leadership for Disputes and Claims
Resolution Framework• Resolving 50% of unresolved disputes lodged before 31 Mar 2015
by 31 March 2020• Implementing 10 projects in the Traditional Leadership Disputes and
Claims Resolution Framework by 31 Mar 2020• Updating 11 Customary laws of succession and genealogies for
kingships/queenships and obtaining their endorsement from the kingships by 31 Mar 2020
• Developing Protocol Guidelines of senior traditional leadership in 8 Provinces and obtaining their endorsement from senior traditional leadership by 31 March 2020
Indicators • % increase in the number of royal families that are without leadership disputes by 31 Mar 2020
• % of unresolved disputes lodged before 31 Mar 2015 resolved by 31 March 2020
• Number of projects in the Traditional Leadership Disputes and Claims Resolution Framework implemented
• Number of Customary laws of succession for kingships updated and endorsed by the kingships, documented and updated
• Number of provinces with Protocol guidelines of senior traditional leadership developed and endorsed by senior traditional leadership by 31 March 2020
• 5 National projects in the in the Heritage and Cultural Promotion Strategy Implementation Plan implemented
Outputs • 10% increase in the number of royal families that are without leadership disputes by 31 Mar 2020
• 50% of unresolved disputes lodged before 31 Mar 2015 resolved by 31 March 2020
• 10 projects in the Traditional Leadership Disputes and Claims Protocol implemented
• 11 Customary laws of succession and genealogies for kingships/queenships updated, endorsed by the kingships by 31 Mar 2020
• 8 provinces with Protocol guidelines of senior traditional leadership developed and endorsed by senior traditional leadership by 31 March 2020
Links with NDP Chapters
Chapter 15: Nation Building and Social Cohesion
Links with MTSF/Government Outcomes
Outcome 14: Nation Building and Social Cohesion
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Community focused, development oriented, efficient and effective Department that complies with legislation and good corporate governance principles
Goal Statement • Institutional mechanisms to coordinate joint planning, performance monitoring, reporting and information management within the Traditional Affairs sector (provincial traditional affairs, Traditional Affairs Entities and the National Department of Traditional Affairs) is put in place resulting in alignment of strategic and annual performance plans of Provincial Traditional Affairs Units, Entities and DTA aligned and reflecting Traditional Affairs Sector Indicators and reports thereof coordinated and best practices shared
• The number of adverse findings by Internal Audit and Auditor General are reduced resulting in unqualified audit opinion for the Department throughout the MTSF
• Development and implementation of systems, procedures, policies for Financial Management, Human Resource Management, ICTs, Planning and Performance monitoring, reporting and management to comply with corporate governance legislation, policies and regulations of government
Indicators • Number of provinces with annual performance plans aligned to the Traditional Affairs Sector Plan and reporting performance on the indicators annually
• Number of evaluations on traditional affairs policies and programs conducted by 31 March 2020
• Number of unqualified audit opinions of DTA non-financial and financial information throughout the 2015/16-2017/18 medium term period by 31 March 2020
• Number of audits evaluating the effectiveness of internal controls, planning, performance information, financial, and corporate governance systems conducted by 31 March 2020
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Outputs • 5 Provinces’ annual performance plans aligned to the Traditional Affairs Sector Plan by reflecting the Sector plan indicators and reporting performance on the indicators annually
• DTA Strategic Plans and Annual Performance Plans aligned to the Traditional Affairs Sector Plan and reflect the Traditional Affairs Sector indicators and performance on the indicators is reported by 31 March 2020
• 5-Year Integrated Traditional Affairs Sector Plan which includes traditional affairs sector indicators developed in consultation with Provinces and Entities by 31 March 2016, reviewed annually and monitored bi-annually by 31 March 2020
• Five- Year (2015-2020) Report on the performance of the Traditional Affairs Sector developed by 31 March 2020
• Five (5) evaluations of Traditional Affairs Sector Policies and Programmes conducted by 31 March 2020
• DTA Policy and Standard Operating Procedures for Planning and Reporting developed and implemented
• Corporate and Financial Management policies, systems and procedures developed, implemented and monitored by 31 March 2020
• Unqualified Audit Opinions for the DTA throughout the MTSF
Links with NDP Chapters
Chapter 13: Building a capable and developmental stateChapter 14: Fighting Corruption
Links with MTSF/Government Outcomes
Outcome 12: An efficient, effective and development-oriented public service and an empowered, fair and inclusive citizenship
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Indicator title Number of pieces of legislation and Bills enacted and tabled in Cabinet by 31 March 2020
Short definition 2 Bills enacted (Initiation Bill and TAB) by 31 Mar 2020Purpose/importance To regulate the cultural initiation practice, strengthen governance of
institutions and traditional leadership and give official recognition of the KhoiSan structures and leadership
Source/collection of data
Parliament
Method of calculation Simple count of the number of Bill enacted and tabled in CabinetData limitations Dependencies of some stakeholders for Bills to be tabled in parliament
and enactedType of indicator OutputCalculation type Non-cumulativeReporting cycle QuarterlyNew indicator YesDesired performance Zero fatalities from cultural initiation, transformed and well governed
institutions of traditional leadership; and KhoiSan structures and leadership recognised
Indicator responsibility
EM:P&L
Strategic Outcome Oriented Goal 7.1: Transformed, functional, accountable and sustainable institution of traditional leadership
9.2. Strategic Outcome Oriented Goals Technical Indicators Descriptions
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Indicator title % increase in the number of functional TCs by 31 Mar 2020Short definition 20% increase in the number of functional TCs by 31 Mar 2020 which
translates into 166 TCs functional by 31 Mar 2020Purpose/importance To increase the number of TCs that are functionalSource/collection of data
Provincial reports on the functionality of TCs
Method of calculation Qualitative and quantitativeData limitations Testing the reliability, validity and accuracy of data from provincesType of indicator OutcomeCalculation type CumulativeReporting cycle QuarterlyNew indicator YesDesired performance Functional, adequately resourced and supported TCs with effective
and efficient governance, management and administration systemIndicator responsibility
EM: ID & CB
Indicator title Number of partnerships that are functional and benefitting traditional communities by 31 March 2020
Short definition 5 functional partnership that benefit traditional communities established by 31 March 2020
Purpose/importance Is to promote economic development within traditional communities by informing traditional leadership structures of development potentials and to unlock economic development opportunities for traditional leadership through coordination of engagements with economic cluster departments.
Source/collection of data
Engagement with Targeted National Sector Departments in the Economic Cluster, Provincial CoGTA Departments, Houses of Traditional Leaders, Traditional Councils, profiles of TCs, and other entities.
Method of calculation Analysis of and an indication in the partnership reports of the benefits by communities of the partnerships established; and then simple count of the number of the functional partnerships and the benefits of each to communities.
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Data limitations Economic cluster Departments not collaborative to provide information on their economic development programmes targeting traditional communities.Economic cluster Departments not having rural development focus in their programmes
Type of indicator OutcomeCalculation type Non-cumulativeReporting cycle QuarterlyNew indicator NoDesired performance Economic development programmes within identified TCs coordinated
with the economic sector to benefit traditional communitiesIndicator responsibility
Chief Directorate: Partnerships and Intergovernmental Relations
Indicator title 4 Campaigns on HIV and AIDS prevention conductedShort definition 4 Campaigns on HIV and AIDS prevention conductedPurpose/importance To support the government’s HIV and AIDS Prevention programmeSource/collection of data
Reports from Provincial Houses of Traditional Leaders
Method of calculation Campaigns reportsData limitations NoneType of indicator OutputCalculation type CumulativeReporting cycle QuarterlyNew indicator YesDesired performance Zero fatalities from cultural initiationIndicator responsibility
Secretariat of NHTL
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Indicator title NHTL Programme for Socio-economic development developedShort definition NHTL Programme for Socio-economic development developedPurpose/importance To promote socio-economic development within traditional
communitiesSource/collection of data
Reports from provincial Houses of Traditional Leaders
Method of calculation Availability of NHTL Programme for Socio-economic Data limitations NoneType of indicator outputCalculation type Non-cumulativeReporting cycle QuarterlyNew indicator YesDesired performance Zero fatalities from cultural initiationIndicator responsibility
Secretariat of NHTL
Indicator title NHTL Food Security Support Plan for cooperatives implemented
Short definition NHTL Food Security Support Plan for cooperatives implementedPurpose/importance To promote food security within traditional communities in
collaboration with the Department of AgricultureSource/collection of data
Reports from Provincial Houses of Traditional Leaders
Method of calculation Availability of the NHTL Food Security Support Plan for cooperativesData limitations NoneType of indicator OutputCalculation type Non-CumulativeReporting cycle QuarterlyNew indicator YesDesired performance Zero fatalities from cultural initiationIndicator responsibility
Secretariat of NHTL
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Indicator title % of unresolved disputes lodged before 31 Mar 2015 resolved by 31 March 2020
Short definition 50% of unresolved disputes lodged before 31 Mar 2015 resolved by 31 Mar 2020
Purpose/importance To create stability within traditional communitiesSource/collection of data
Provincial Records on unresolved claims and disputes lodged before 31 Mar 2015Provincial Reports on the number of the unresolved disputes and claims that were lodged before 31 March 2015 resolved by 31 Mar 2020
Method of calculation Establishing the total number of the disputes lodged before 31 Mar 2015 by collecting the baseline information on the total number of unresolved disputes that were lodged before 31 Mar 2015; and then calculate the % of the total number of disputes resolved by 31 Mar 2020
Data limitations Inaccurate numbers of claims and disputes lodged from the provincial reports
Type of indicator OutcomeCalculation type Simple % calculationReporting cycle QuarterlyNew indicator YesDesired performance Stability in traditional communitiesIndicator responsibility
SM: Research
Strategic Outcome Oriented Goal 7.2: Stable and cohesive traditional communities
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Indicator title Number of projects in the Traditional Leadership Disputes and Claims Protocol implemented by 31 Mar 2020
Short definition A Traditional Leadership Disputes and Claims Protocol developed and 10 projects in the Protocol implemented by 31 March 2020
Purpose/importance To create stability within traditional communitiesSource/collection of data
The Traditional Leadership Disputes and Claims Protocol Implementation Plan. The implementation Plan will outline the projects that are going to be implemented during 2015- 2020 FYs; and the % of the projects implemented will be counted to calculate the %. The projects implemented should have implementation reports as evidence of implementation
Method of calculation Simple count of the number of projects implementation reports on the Traditional Leadership Disputes and Claims Protocol
Data limitations NoneType of indicator OutputCalculation type Simple % calculationReporting cycle QuarterlyNew indicator YesDesired performance Reduced number of traditional leadership disputes and claims and
shorter turn-around timesIndicator responsibility
SM: Research
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Indicator title % increase in the number of traditional communities with cultural and heritage projects that advance social cohesion by 31 Mar 2020
Short definition 5% increase in the number of traditional communities with cultural and heritage projects that advance social cohesion by 31 Mar 2020
Purpose/importance To promote traditional, Khoi and San culture and heritageSource/collection of data
Reports from and engaging the Department of Arts and Culture, Tourism and Department of SMME, DTI, National Khoi and San Council, Heritage agencies and practitioners and traditional leaders
Method of calculation Collection of baseline information on the number of traditional communities with cultural and heritage projects by 31 March 2015 and the number at the end of 31 Mar 2020 and work out the % increase
Data limitations Accuracy of the reports and baseline informationType of indicator OutcomeCalculation type cumulativeReporting cycle QuarterlyNew indicator YesDesired performance Increased number of cultural and heritage projects in traditional
communities benefiting communities and cultural projects promoted and receiving exposure
Indicator responsibility
EM:SCCH
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Indicator title Number of projects in the Heritage and Cultural Promotion Strategy Implementation Plan implemented by 31 March 2020
Short definition The indicator includes the following:Heritage and Cultural Promotion Strategy Implementation Plan developed and 5 projects (as outlined in the implementation plan) in the Strategy implemented and implementation reports developed as evidence
Purpose/importance To promote traditional, Khoi and San culture and heritageSource/collection of data
The Heritage and Cultural Promotion Strategy Implementation Plan. The implementation Plan will outline the projects that are going to be implemented; and the % of the projects implemented counted to calculate the %. The projects implemented should have implementation reports as evidence of implementation
Method of calculation Simple count of the number of projects implementation reports of the strategy
Data limitations NoneType of indicator OutputCalculation type CumulativeReporting cycle QuarterlyNew indicator YesDesired performance Cultural and heritage activities of traditional communities that promote
Ubuntu, Nation Building, Social cohesion and socio economic development receiving more exposure
Indicator responsibility
Executive Manager: SCCH
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Indicator title % reduction in fatalities resulting from the initiation practice by 31 March 2020
Short definition 70% reduction in fatalities resulting from the initiation practice by 31 March 2020 through the development and implementation of the revised Initiation Intervention Programme outlining projects that will be implemented approved
Purpose/importance To reduce the number of deaths and injuries resulting from botched cultural initiation practices
Source/collection of data
• DoH (death register)• Baseline information on the annual numbers of initiation deaths from
all Provinces from 2011/12 to 2014/15.• Number of deaths from initiation that occurred in 2014/15 FY
Method of calculation • Establish the baseline of the % of the deaths in 2013/14 and 2014/15
• Calculate the number of initiates that went to initiation schools annually and those who died annually every year and work out the % of those who died over those who went to the schools.
• Thereafter, calculate the % reduction in deaths resulting from initiation cultural practice by 31 Mar 2020 as compared to previous five years.
Data limitations Accuracy of the reports and baseline informationType of indicator OutcomeCalculation type Simple countReporting cycle quarterlyNew indicator YesDesired performance Zero fatalities from cultural initiationIndicator responsibility
Secretariat of NHTL
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Indicator title 4 initiation awareness campaigns conductedShort definition 4 projects in the Revised Initiation Intervention Programme
implemented by 31 Mar 2020Purpose/importance To reduce the number of deaths and injuries resulting from botched
cultural initiation practicesSource/collection of data
The Revised Initiation Intervention Programme Implementation Plan.The implementation Plan will outline the projects that are going to be implemented during 2015-2020; and the % of the projects implemented will be counted to calculate the %. The projects implemented should have implementation reports as evidence of implementation
Method of calculation Simple count of the number of projects implementation reports from the Revised Initiation Awareness Intervention Programme
Data limitations NoneType of indicator OutcomeCalculation type Simple countReporting cycle quarterlyNew indicator YesDesired performance Zero fatalities from cultural initiationIndicator responsibility
Secretariat of NHTL
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Indicator title Number of provinces with annual performance plans aligned to the Traditional Affairs Sector Plan and reflecting traditional affairs sector indicators by 31 Mar 2020
Short definition • 5 -Year (2015-2020) Report of the performance of the Traditional Affairs sector on the core set of traditional affairs indicators contained in the sector plan developed and adopted by Traditional Affairs Planning, Monitoring and Evaluation Forum
• 8 provinces’ annual performance plans aligned to the TASP
Purpose/importance To improve coordination of planning and performance information management within the traditional affairs sector and subsequently the performance of the sector
Source/collection of data
Provincial Reports, NT
Method of calculation Analysis and counting of the number of provincial APPs that are aligned to the TASP and reflecting traditional affairs core sector indicators
Data limitations Provinces not aligning their plans with the sector planProvinces not providing reports on core set of traditional affairs indicators
Type of indicator OutputCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Integrated Traditional Affairs Sector Plan and performance reportsIndicator responsibility
SM:M&E
Strategic Outcome Oriented Goal 7.3: Community focused, development oriented, efficient and effective Department that complies with legislation and good corporate governance principles
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Indicator title Number of Provinces with their annual performance reports including performance on traditional affairs sector indicators by 31 Mar 2020
Short definition • 8 Provinces’ annual performance reports provide performance on traditional affairs sector indicators by 31 Mar 2020
• 2015-2020 Report of the performance of the Traditional Affairs sector on the core set of traditional affairs indicators contained in the sector plan developed
Purpose/importance To improve coordination of planning and performance information management within the traditional affairs sector
Source/collection of data
Provincial Reports, NT
Method of calculation Analysis and counting of the number of provincial annual reports that report on traditional affairs sector indicators
Data limitations Provinces not aligning their plans with the sector planProvinces not providing reports on core set of traditional affairs indicators
Type of indicator OutputCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Integrated Traditional Affairs Sector Plan and performance reportsIndicator responsibility
SM:M&E
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Indicator title Number of evaluations on traditional affairs policies and programs conducted by 31 Mar 2020
Short definition Five evaluation conducted on traditional affairs policies and programs by 31 March 2020
Purpose/importance To improve performance and effectiveness of traditional affairs sector policies and programmes in changing the quality of lives of traditional communities
Source/collection of data
Literature review, interviews, provincial reports, analysis of policies and legislation, focused groups
Method of calculation Simple count of the number of evaluation reports available by 31 March 2020
Data limitations Dependency on provincial reports Information may not be reliable and valid
Type of indicator OutputCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Implementation of Traditional affairs programmes and policies making
visible impact in traditional communitiesIndicator responsibility
SM:M&E
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Indicator title DTA Planning and Performance Reporting Policy and Standard Operating Procedures developed and implemented by 31 Mar 2020
Short definition Development and implementation of DTA Policy on Management of performance information and Standard Operating Procedures on Organisational Planning and Performance Reporting
Purpose/importance To ensure department fully complies with government planning and performance information management legislative prescripts
Source/collection of data
• Internal Audit and Auditor General’s management letters, reports and audit opinions of the Department
• Annual MPAT results of the Department
Method of calculation Availability of approved DTA Planning and Performance Reporting Policy and Standard Operating Procedures (SOP) and counting the number of reports on monitoring implementation of the policy and SOP
Data limitations NoneType of indicator OutcomeCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Unqualified audit opinions on performance information and
predetermined objectives every year over the 2015-2020 medium term
Indicator responsibility
EM: ODG
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Indicator title PAAP developed and fully implemented by 31 Mar 2020Short definition The indicator is includes:
• the development of PAAP on an annual basis throughout the MTSF and monitoring its implementation quarterly;
• Development, review and implementation of all HRM&D, Financial Management, Supply Chain Management, PAJA, PAIA, Asset Management Policies and Standard Operating Procedures as prescribed in the MPAT
• Institutionalisation of compliance with financial management, human resource management and development, Risk Management, Fraud and Anti-corruption policies in the Department as part of implementation of PAAP
Purpose/importance To promote effective, efficient economic use of resources and accountability mechanisms within the Department
Source/collection of data
• Auditor General’s management letters, reports and audit opinions of the Department
• Annual MPAT results of the Department• PAAP monitoring reports• MPAT Assessment results
Method of calculation Simple count of the number of PAAP developed by 31 Mar 2020 and the analysis, availability analysis and number of PAAP implementation reports
Data limitations NoneType of indicator OutcomeCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Unqualified audit opinions and MPAT scores of 3 or above on financial
management, governance and financial management every year over the 2015-2020 medium term
Indicator responsibility
EM: CFS
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Indicator title Number of audits conducted by DTA internal audit by 31 Mar 2020Short definition 50 audits by internal audit evaluating the effectiveness of internal
controls, planning, performance information, financial, and corporate governance systems conducted by 31 Mar 2020
Purpose/importance To assess and advise management on strengthening effectiveness of internal controls within the Department
Source/collection of data
To promote effective, efficient economic use of resources and accountability mechanisms within the Department
Method of calculation Simple count of the number of internal audit reports by 31 Mar 2020Data limitations NoneType of indicator OutputCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Management implementing the recommendations of internal audit
resulting in unqualified audit opinions every year over the 2015-2020 medium term
Indicator responsibility
SM:IA
Indicator title
Short definition
Purpose/importance
Source/collection of dataMethod of calculation
Data limitations
Type of indicator
Calculation type
Reporting cycle
New indicator
Desired performance
Indicator responsibility
PART BSTRATEGIC OBJECTIVES
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10. DTA Strategic Objectives
Informed by the above outcome oriented goals, the Department has the following eight strategic objectives over the MTSF:
10.1. To integrate and align planning, performance monitoring, reporting, information management and communication systems within the Traditional Affairs Sector by 31 March 2020;
10.2. To improve internal control systems by 31 March 2020;
10.3. To promote safe, healthy and legal initiation practices and support the Department of Health HIV/AIDS awareness programme by 31 March 2020;
10.4. To promote socio-economic and cultural development within Traditional Communities by 31 March 2020;
10.5. To increase the number of functional structures of traditional leadership by 31 March 2020;
10.6. To develop, review, monitor and support implementation of traditional affairs policies and legislation for transformation of the institution of traditional leadership; and
10.7. To promote peace, stability, culture, heritage and cohesiveness of traditional communities by 31 March 2020
10.8. To facilitate collaborative relations of the institution of traditional leadership with the three spheres of government, civil society and the private sector for improved service delivery and socio economic development within traditional communities by 31 March 2020.
11. Programme 1: Administration
11.1. Purpose and Description
Purpose
The purpose of the Administration Programme is to provide strategic leadership, effective administration, executive support, monitoring and evaluation of Traditional Affairs performance, corporate and financial services.
Description
The Sub-Programmes within the Administration Programme are:
• Department Management (Office of the Director-General): promotes effective strategic management and governance of the Department, corporate planning, integrated and aligned planning within traditional affairs, risk management, corporate secretariat, strategic communication and parliamentary services support, It improves operational efficiency, and oversees the implementation of Departmental programmes and policies through monitoring and evaluation. It also provides entities oversight and ensures that adequate support is provided to Traditional Affairs entities.
• Corporate and Financial Services: Provides human resource management and development, information and communication technologies, legal services, records management, supply chain management and financial management support to line function programmes within the Department. The sub-programme also plans and monitors departmental budget and expenditure, and manages the Department’s accounting, asset and supply chain management systems and policies in relation to corporate services.
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• Internal Audit: This is an independent and objective appraisal function which provides assurance to the Director-General and the Department’s Senior Management with regards to adequacy and efficiency internal controls and governance systems of the Department.
Strategic Objectives: Administration
Strategic Objective 9.1.
To integrate and align planning, performance monitoring, reporting, information management and communication systems within the Traditional Affairs Sector by 31 March 2020
Objective Statements The objective entails:• 8 provinces with annual performance plans throughout the MTSF
aligned to the Traditional Affairs Sector Plan and reflecting traditional affairs sector indicators by 31 Mar 2020
• 8 Provinces’ and DTA annual performance reports include performance on traditional affairs sector indicators by 31 Mar 2020
• Five evaluations on traditional affairs policies and programs conducted by 31 March 2020
Indicators • Number of provinces with annual performance plans aligned to the Traditional Affairs Sector Plan and reflecting traditional affairs sector indicators by 31 Mar 2020
• Number of Provinces with their annual performance reports including performance on traditional affairs sector indicators by 31 Mar 2020
• Number of evaluations on traditional affairs policies and programs conducted by 31 March 2020
• DTA Planning and Performance Reporting Policy and Standard Operating Procedures developed and implemented
Outputs • Traditional Affairs Sector Plan• 8 provinces with annual performance plans throughout the MTSF
aligned to the Traditional Affairs Sector Plan and reflecting traditional affairs sector indicators by 31 Mar 2020
• 8 Provinces’ and DTA annual performance reports include performance on traditional affairs sector indicators by 31 Mar 2020
• Five evaluations on traditional affairs policies and programs conducted by 31 March 2020
• 5 unqualified audit opinions of DTA performance information (non-financial) throughout the MTSF obtained by 31 Mar 2020
• DTA Planning and Performance Reporting Policy and Standard Operating Procedures
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Baseline • Traditional Affairs Performance Monitoring, Evaluation and Information Management Policy developed
• 2014-2019 Traditional Affairs Evaluation plan developed• 1 unqualified audit opinion on DTA non-financial performance
information• Traditional Affairs Performance Monitoring, Evaluation and
Information Management Policy developed
Justification There is a need to strengthen coordination of joint planning and performance reporting within the traditional affairs sector to ensure that there is a joint effort towards achievement of the sector priorities
Links with NDP Goals Chapter 13: Building a capable and developmental stateChapter 14: Fighting Corruption
Links with MTSF/Government Outcomes
Outcome 12: An efficient, effective and development-oriented public service and an empowered, fair and inclusive citizenship
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Strategic Objective 9.2.
To improve internal control systems by 31 March 2020
Objective Statements To establish an effective and efficient internal control environment through:
- Development of Annual Post Audit Action Plans and monitoring their implementation quarterly;
- Institutionalisation of compliance with financial management, and corporate governance policies in the Department
- Implementation of Internal Audit Strategic 3 Year Rolling Plan
Indicators • PAAP developed and implemented• Number of audits conducted by internal audit
Outputs • HRM (Recruitment, selection, PMDS, Health and Wellness, Human Resource Plan) policies, plans, standard operating procedures and processes developed and implementation reports
• Financial, Asset and Supply Chain Management policies and standard operating procedures and processes developed and implementation reports
• MPAT Action Plan developed and implementation reports• Post Audit Action Plans developed and implementation reports• 50 audits conducted (by internal audit) by 31 March 2020 and
Internal Audit reports on implementation of the Internal Audit Strategic 3 Year Rolling Plan
Baseline • Departmental corporate and financial management policies developed
• 5 audits per annum
Justification Departmental corporate and financial management policies developed and implemented, however there are no documented procedures and effective implementation and monitoring of and full compliance with the policies
Links with NDP Chapters
Chapter 13: Building a capable and developmental stateChapter 14: Fighting Corruption
Links with MTSF/Government Outcomes
Outcome 12An efficient, effective and development-oriented public service and an empowered, fair and inclusive citizenship
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Indicator title Number of provinces with annual performance plans aligned to the Traditional Affairs Sector Plan and reflecting traditional affairs sector indicators by 31 Mar 2020
Short definition • 5 -Year (2015-2020) Report of the performance of the Traditional Affairs sector on the core set of traditional affairs indicators contained in the sector plan developed and adopted by Traditional Affairs Planning, Monitoring and Evaluation Forum
• 8 provinces’ annual performance plans aligned to the TASP
Purpose/importance To improve coordination of planning and performance information management within the traditional affairs sector and subsequently the performance of the sector
Source/collection of data
Provincial Reports, NT
Method of calculation Analysis and counting of the number of provincial APPs that are aligned to the TASP and reflecting traditional affairs core sector indicators
Data limitations Provinces not aligning their plans with the sector planProvinces not providing reports on core set of traditional affairs
indicators
Type of indicator OutputCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Integrated Traditional Affairs Sector Plan and performance reportsIndicator responsibility
SM:M&E
Strategic Objective To integrate and align planning, performance monitoring, reporting, information management and communication systems within the Traditional Affairs Sector by 31 March 2020
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Indicator title Number of Provinces with their annual performance reports including performance on traditional affairs sector indicators by 31 Mar 2020
Short definition • 8 Provinces’ annual performance reports provide performance on traditional affairs sector indicators by 31 Mar 2020
• 2015-2020 Report of the performance of the Traditional Affairs sector on the core set of traditional affairs indicators contained in the sector plan developed
Purpose/importance To improve coordination of planning and performance information management within the traditional affairs sector
Source/collection of data
Provincial Reports, NT
Method of calculation Analysis and counting of the number of provincial annual reports that report on traditional affairs sector indicators
Data limitations Provinces not aligning their plans with the sector planProvinces not providing reports on core set of traditional affairs indicators
Type of indicator OutputCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Integrated Traditional Affairs Sector Plan and performance
reportsIndicator responsibility
SM:M&E
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Indicator title Number of evaluations on traditional affairs policies and programs conducted by 31 Mar 2020
Short definition Five evaluation conducted on traditional affairs policies and programs by 31 March 2020
Purpose/importance To improve performance and effectiveness of traditional affairs sector policies and programmes in changing the quality of lives of traditional communities
Source/collection of data
Literature review, interviews, provincial reports, analysis of policies and legislation, focused groups
Method of calculation Simple count of the number of evaluation reports available by 31 March 2020
Data limitations Dependency on provincial reportsInformation may not be reliable and valid
Type of indicator OutputCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Implementation of Traditional affairs programmes and policies making
visible impact in traditional communitiesIndicator responsibility
SM:M&E
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Indicator title DTA Planning and Performance Reporting Policy and Standard Operating Procedures developed and implemented by 31 Mar 2020
Short definition Development and implementation of DTA Policy on Management of performance information and Standard Operating Procedures on Organisational Planning and Performance Reporting
Purpose/importance To ensure department fully complies with government planning and performance information management legislative prescripts
Source/collection of data
• Internal Audit and Auditor General’s management letters, reports and audit opinions of the Department
• Annual MPAT results of the Department
Method of calculation Availability of approved DTA Planning and Performance Reporting Policy and Standard Operating Procedures (SOP) and counting the number of reports on monitoring implementation of the policy and SOP
Data limitations NoneType of indicator OutcomeCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Unqualified audit opinions on performance information and
predetermined objectives every year over the 2015-2020 medium term
Indicator responsibility
EM: ODG
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Indicator title PAAP developed and fully implemented by 31 Mar 2020Short definition The indicator is includes:
• the development of PAAP on an annual basis throughout the MTSF and monitoring its implementation quarterly;
• Development, review and implementation of all HRM&D, Financial Management, Supply Chain Management, PAJA, PAIA, Asset Management Policies and Standard Operating Procedures as prescribed in the MPAT
• Institutionalisation of compliance with financial management, human resource management and development, Risk Management, Fraud and Anti-corruption policies in the Department as part of implementation of PAAP
Purpose/importance To promote effective, efficient economic use of resources and accountability mechanisms within the Department
Source/collection of data
• Auditor General’s management letters, reports and audit opinions of the Department
• Annual MPAT results of the Department• PAAP monitoring reports• MPAT Assessment results
Method of calculation Simple count of the number of PAAP developed by 31 Mar 2020 and the analysis, availability analysis and number of PAAP implementation reports
Data limitations NoneType of indicator OutcomeCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Unqualified audit opinions and MPAT scores of 3 or above on financial
management, governance and financial management every year over the 2015-2020 medium term
Indicator responsibility
EM: CFS
Strategic Objective 9.2. To improve internal control systems by 31 March 2020
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Indicator title Number of audits conducted by DTA internal audit by 31 Mar 2020Short definition 50 audits by internal audit evaluating the effectiveness of internal
controls, planning, performance information, financial, and corporate governance systems conducted by 31 Mar 2020
Purpose/importance To assess and advise management on strengthening effectiveness of internal controls within the Department
Source/collection of data
To promote effective, efficient economic use of resources and accountability mechanisms within the Department
Method of calculation Simple count of the number of internal audit reports by 31 Mar 2020Data limitations NoneType of indicator OutputCalculation type CumulativeReporting cycle AnnuallyNew indicator YesDesired performance Management implementing the recommendations of internal audit
resulting in unqualified audit opinions every year over the 2015-2020 medium term
Indicator responsibility
SM:IA
11.3. Resource Considerations
Management 4 571 11 240 12 687 17 276 9 732 7 012 7 188 7 786 Corporate Service - - - 6 531 7 033 7 293 9 154 Internal Audit - - - - 1 281 4 440 4 640 4 944 Total 4 571 11 240 12 687 17 276 17 544 18 485 19 121 21 884 Economic ClassificationCompensation of Employees 3 285 6 316 5 520 6 984 13 923 15 145 15 534 17 681 Goods & Services 1 246 4 874 6 986 10 292 7 471 6 581 6 794 7 373 Transfers and Subsidies - - - - - - - Payments for Capital Assets 40 50 181 - 150 759 793 830 Total 4 571 11 240 12 687 17 276 21 544 22 485 23 121 25 884
Sub-Programmes
Audited Outcome 2014/15Adjusted
Appropriation
Medium Term Estimates
2010/11 2011/12 2012/13 2013/14 2015/16 2016/17 2017/18
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Sub-Programme
Strategic Objectives
Risk Cause Risk Mitigation Plan
Office of the Director-General (ODG)
To integrate and align planning, performance monitoring, reporting, information management and communication systems within the Traditional Affairs Sector by 31 March 2020
Provinces might not align their 2016-2021 and 2016/17 Traditional Affairs 2015-2020 Strategic Plan and 2015/16 Annual Performance Plans with the Sector Plan
Inadequate coordination of integrated planning and performance reporting within the sector
Develop and monitor implementation of the Traditional Affairs 2016-2021 Sector Plan containing 2015-2020 core set of indicators for Traditional Affairs
The bulk of expenditure on this programme consist of compensation of employees which accounts for 67% of the budget. The increase is mainly due to improvement in conditions of service.
This programme also provides strategic leadership, provides overall monitoring and evaluation of performance of Departmental programmes and entities. Corporate and Financial Services of the Department was established in 2014/15 and the main focus areas for this programme will therefore be on improving internal control systems for the Department. Furthermore, this programme will over the medium term focus on strengthening coordination of integrated and long term planning and performance information management within the sector.
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Corporate and Financial Services
To improve internal control systems by 31 March 2020
Inadequate internal control environment for the Department
Limited and inadequate corporate and financial services policies and procedures
Post Audit Action Plan developed and implemented
Standard operating procedures for financial and corporate governance developed, communicated and implemented by 2020
Institutionalisation of compliance with financial management, human resource management and development, Risk Management, Fraud and Anti-corruption policies in the Department
Internal Audit To improve internal control systems by 31 March 2020
Inadequate internal control environment for the Department
Limited, ineffective and inefficient implementation of planning, performance information, reporting, corporate and financial management policies and procedures
Implementation of the strategic Internal Audit 3-Year Rolling Plan
Conduct 30 audits on effectiveness of internal controls for planning, performance reporting, financial and corporate governance; and report presented to MANCO, DELC and the DG
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12.Programme 2: Research, Policy and Legislation
12.1. Purpose and Description
Purpose
To provide research, establish and maintain traditional affairs information systems. The programme’s purpose is also to develop, review, coordinate and monitor implementation of traditional affairs policies, norms and standards by provincial government, supports traditional affairs entities to restore the integrity and dignity of traditional leadership
Description
The Sub-Programmes within the Research, Policy and Legislation Programme are:
• Policy and Legislation: To develop, review and monitor implementation of Traditional Affairs policies, legislation, framework, norms
and standards. The sub-programme also ensures alignment of provincial traditional affairs legislation and policies with national policies and legislation.
• Research and Information management: To provide anthropological research for the department and traditional entities, and research support for entities, as well as develop and maintain traditional affairs information management systems.
• Khoi-San and Interfaith Affairs, Cultural and Heritage Promotion: Provide and implement national frameworks and strategies for coordination of social cohesion within the sector, interfaith, Khoi and San Affairs and for the promotion of culture and heritage of Khoi, San and traditional communities.
12.2. Strategic Objectives: Research, Policy and Legislation
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PART CLINKS TO OTHER PLANS
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