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THE NATURE AND PROBLEMS OF METROPOLITAN SERVICE DELIVERY IN SOUTH AFRICA
By
Mafa Shadrack Molinyane
DISSERTATION
submitted in fulfilment of the requirements for the degree
MASTER OF ARTS
in PUBLIC MANAGEMENT AND GOVERNANCE
in the
FACULTY OF HUMANITIES
at the
UNIVERSITY OF JOHANNESBURG
Supervisor: Prof C J Auriacombe
APRIL 2012
ii
Student number: 949801996 Declaration: I, Mafa Shadrack Molinyane, do hereby declare that this dissertation is my own
original work and that all the sources contained in this dissertation have been
accurately reported and acknowledged, and that this document has not previously,
either in its entirety or in part, been submitted at any university in order to obtain an
academic qualification.
M S Molinyane
Date:
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SUMMARY The aim of this study was to gain an understanding of the nature and problems of
metropolitan service delivery in South Africa. The dissertation provided a broad
overview of the nature of metropolitan local government and the external
environment within which local government operates. It deals with the relationship
between local and other spheres of Government, as well as with the legislation that
creates, defines and regulates local government. The dissertation focuses on the
functioning of the sphere of local government (within its constituent structures,
namely municipalities) within given regulatory and structural parameters.
This enquiry is premised on the view that studying metropolitan government and
administration in general, and in South Africa in particular, as well as specific factors
that have a profound effect on such government-based structures should be taken
into account.
In the light of the above argument, the overarching perspective this study was based
on was that of a documentary and conceptual analysis using qualitative research
methods to explore the specific requirements that are set for the service delivery
needs of citizens within metropolitan municipalities. This study aimed to provide a
conceptual framework gained from the literature in order to explain the issues,
concerns and challenges surrounding metropolitan service delivery and its
application in municipal settings. In conceptualising local governance and
management, the study focused on unravelling the concept from the perspective of
clarifying and enhancing the understanding of the phenomenon, as well as exploring
the inputs that may influence effective and efficient metropolitan service delivery both
positively and negatively.
Constant comparative data analysis methods were also used to search for recurring
variables and themes. Due to the interdependence of all levels of Government, any
discussion of constitutional mandates will inevitably touch on certain matters that will
not only affect the other government levels in general, but also the total legislative
and policy effort in particular.
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The research findings show that, due to the diversity of resources of and municipal
functions for the different types of local authorities, uniformity in municipal structures
for all municipalities should be approached circumspectly. A clear distinction should
be made between various rural and metropolitan communities’ needs and desires.
Notably, any confusion in this regard may seriously prejudice the effectiveness of
local governance activities. If similar functions and services were carried out for
different municipalities, this would imply that the needs and desires of the different
types of municipalities are the same and the argument for metropolitan municipalities
would thus fall away.
v
KEY TERMS:
Alternative service delivery; Local authority; Local government; Municipal council;
Municipal Manager; Municipality; Metropolitan municipality; Service Delivery.
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ACKNOWLEDGMENTS
I wish to express my gratitude to the following people, without whom, accomplishing
this task, would not have been possible:
My first gratitude goes to God, the Almighty, for giving me the strength to
complete this study.
My supervisor, Prof Christelle Auriacombe, for her guidance, direction,
support and patience when I was losing focus on this study.
Ellen Joubert for the editorial support and language editing of the dissertation.
Mr Willie Meyer for the technical layout and binding of the dissertation.
My wife and children who persevered with my frustrations.
Not forgetting my colleague Mrs Nomthandazo Faith Dibakwane, as well as
friends who encouraged and supported me when I wanted to give up.
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TABLE OF CONTENTS Page
CHAPTER ONE 1
GENERAL INTRODUCTION 1
1.1 Introduction 1
1.2 Background, rationale and problem statement 1
1.3 Research questions 5
1.3.1 Secondary-research questions 6
1.4 Research objectives 6
1.5 Research design, research method and data collection methods 7
1.5.1 Qualitative nature of the study 7
1.5.2 Research design 8
1.5.3 Research method 8
1.5.4 Data collection methods 10
1.5.4.1 Literature review 10
1.5.4.2 Primary and secondary sources of information 11
1.5.5 Validity, reliability and research methods 13
1.6 Terminology 14
1.6.1 Municipality, local authority and local government 14
1.6.2 Municipal Council 14
1.6.3 Executive Mayor 14
1.6.4 Municipal Manager 15
1.6.5 Key performance area (KPA) 15
1.6.6 Key Performance Indicator (KPI) 15
1.6.7 Customer care 15
1.6.8 Local government management 16
1.6.9 Alternative service delivery 16
1.6.10 Partnerships 16
1.6.11 Privatisation 17
1.6.12 Re-engineering 17
1.7 Outline of chapters 17
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Page CHAPTER TWO
CONCEPTUAL, PROCESS AND INSTITUTIONAL VARIABLES INFLUENCING SERVICE DELIVERY IN METROPOLITAN LOCAL GOVERNMENT 19
2.1 Introduction 19
2.2 Environment 21
2.2.1 External environment 24
2.2.1.1 Natural environment 24
2.2.1.2 Intellectual environment 24
2.2.2 The impact of external environmental issues affecting
service delivery 34
2.2.2.1 First World reality 35
2.2.2.2 The developing country reality 37
2.2.2.3 The impact of globalisation and international capital flow 40
2.2.2.4 The impact of HIV/AIDS 40
2.2.3 Internal environment 41
2.2.3.1 Formal internal environment 42
2.2.3.2 Informal internal environment 44
2.2.4 The impact of the relationship between external and internal
environmental issues on service delivery 45
2.2.4.1 Economic policy and intergovernmental relations in
South Africa 45
2.2.4.2 Government’s ideological contradictions 48
2.3 Democracy as a variable influencing local government 52
2.3.1 The governing function in a democracy 53
2.3.1.1Misgovernment 55
2.3.1.2 Ignorance of citizens 55
2.3.1.3 Corruption 55
2.4 The State and Government’s role in service delivery 56
2.4.1 Governance 57
2.4.1.1Good governance 57
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Page 2.4.2 Public administration and management capacity 57
2.4.3 Relationships between State, communities and the market 58
2.4.3.1 Communities 58
2.4.3.2 Market 59
2.5 Public service delivery 60
2.5.1 Activities involved in public service delivery 62
2.5.2 Alternative service delivery mechanisms 63
2.5.2.1 Internal service delivery mechanisms 65
2.5.2.2 External service delivery mechanisms 65
2.6 Values and principles applicable to local government 76
2.6.1 Batho Pele principles 77
2.7 Summary 79
CHAPTER THREE
LEGISLATIVE, POLICY AND INSTITUTIONAL VARIABLES IN- FLUENCING METROPOLITAN GOVERNANCE AND SERVICE DELIVERY 81
3.1 Introduction 81
3.2 The policy context and frameworks for the institutional,
developmental and transformational dimensions of Local
Governance 83
3.3 An overview of the legislative and policy milieu of Local
Governance 89
3.3.1 The Local Government Negotiating Forum 90
3.3.2 The Local Government Transition Act of 1993 (Act 209 of 1993) 90
3.3.3 The Development Facilitation Act of 1995 (Act 67 of 1995) 91
3.3.4 The Constitution of the Republic of South Africa of 1996 91
3.3.4.1 Local Government as a sphere of government 96
3.3.4.2 Status of Local Government 97
3.3.4.3 Objectives of Local Government 98
3.3.5 The Urban Foundation Document 99
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Page
3.3.6 The South African National Civics Organisation
(SANCO) Document 100
3.3.7 The draft Urban Development Strategy (UDS) 100
3.3.8 The draft Rural Development Strategy (RDS) 101
3.3.9 The Reconstruction and Development Programme (RDP) White Paper of 1994 102
3.3.10 The Land Development Objectives Document of 1995 103
3.3.11 The Growth, Employment and Redistribution (GEAR) strategy
of 1996 104
3.3.12 The Batho Pele principles of service delivery 105
3.3.13 The White Paper on Local Government of 1998 106
3.3.14 The Presidential Imbizo 108
3.3.15 Operation Masakhane 107
3.4 Legislation providing for the restructuring of local government 108
3.4.1 Local Government: Demarcation Act of 1998 (Act 27 of 1998) 108
3.4.1.1 Local Government: Municipal Structures Act of 1998
(Act 117 of 1998) 109
3.4.1.2 Executive Committee 113
3.4.1.3 Other committees 114
3.4.2 Local Government: Municipal Systems Act of 2000
(Act 32 of 2000) 123
3.4.3 Municipal Financial Management Act of 2003 (Act 56 of 2003) 129
3.5 Summary 131
CHAPTER FOUR
STRUCTURAL, FUNCTIONAL AND INSTITUTIONAL VARIABLES INFLUENCING SERVICE DELIVERY IN METROPOLITAN LOCAL GOVERNMENT 132
4.1 Introduction 132
4.2 The nature and context of municipal governance in South Africa 134
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Page 4.3 Clarifying ‘local’ government and ‘municipalities’ 135
4.3.1 A municipality as an institutional entity 136
4.3.2 A municipality as a geographic area 136
4.4 Key characteristics of local government 137
4.5 Overview of the structural framework of municipalities 137
4.6 Municipal functions and powers 140
4.6.1 Assignments of functions to municipalities 140
4.6.2 Assignment of functions to a specific municipality 140
4.6.3 Category A municipalities 141
4.6.3.1Metropolitan municipalities 141
4.6.3.2 Objectives of metropolitan government 143
4.6.3.3 Methods of metropolitisation 144
4.7 Demarcation of municipalities 148
4.7.1 Demarcating a metropolitan area 148
4.7.2 Criteria for the demarcation of metropolitan boundaries 149
4.7.3 Category B & C Municipalities 149
4.7.3.1 Temporary allocation of functions and powers 150
4.8 Mechanisms to ensure good local governance 150
4.8.1 Internal procedures 150
4.8.2 Meetings 151
4.8.3 Disclosures of interests and personal gain 151
4.8.4 Gifts 151
4.8.5 Violating the Code of Conduct 151
4.8.6 Disclosing information 152
4.8.7 Intervention in the administration 152
4.8.8 Failure of council as legislature 152
4.8.9 Misgovernment by the Council /Executive Committee
(EXCO) /Executive Mayor 152
4.8.10 Irresponsiveness 153
4.8.11 Productiveness 153
4.9 Decision making products of a municipal council 154
4.9.1 Cycle of decision-making 154
4.9.2 Raising issues with council 155
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Page 4.9.2.1 Petitions 155
4.9.2.2 Questions to council 155
4.9.2.3 Requests 156
4.9.3 Standing orders 156
4.9.4 Resolutions and motions 156
4.9.5 By-laws 157
4.9.5.1 Step 1: Starting the process 157
4.9.5.2 Step 2: The drafting process 158
4.9.5.3 Step 3: Publication of intention to pass a new by-law 159
4.9.5.4 Step 4: Objections to the by-law 159
4.9.5.5 Step 5: The final phase 160
4.10 Accountability and service delivery 160
4.11 Mechanism for accountability 161
4.11.1 Municipal elections 161
4.11.2 Questions 162
4.11.3 Constitutional Court 162
4.11.4 Auditing 163
4.11.5 The municipal council and accountability 163
4.12 Co-operative government 165
4.12.1 Citizen participation in co-operative government 168
4.13 Intergovernmental relations 171
4.13.1 Distinctive 171
4.13.2 Interdependent 171
4.13.3 Inter-related 172
4.14 Developmental local government 172
4.14.1 Characteristics of developmental local government 173
4.15 Institutional, developmental and fiscal transformation 175
4.16 Integrated Development Planning (IDP) 178
4.17 Performance management 180
4.18 Supply Chain Management (SCM) 181
4.19 Risk management 182
4.20 Conclusion 183
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Page
CHAPTER FIVE
THE NATURE AND CHALLENGES OF SERVICE DELIVERY IN A METROPOLITAN MUNICIPALITY 184
5.1 Introduction 184
5.2 Functional context of metropolitan government 185
5.3 Municipalities and service provision 187
5.3.1 Regulatory services 191
5.3.1.1 Building control service 191
5.3.1.2 Disaster management 192
5.3.1.3 Fire protection services 192
5.3.1.4 Land-use control services 192
5.3.1.5 Pollution control services 193
5.3.1.6 Traffic and policing services 193
5.3.2 Social services 193
5.3.2.1 Ambulance services 194
5.3.2.2 Burial and cremation services 194
5.3.2.3 Environmental health services 194
5.3.2.4 Personal healthcare services 194
5.3.2.5 Cultural services 195
5.3.2.6 Housing development services 195
5.3.2.7 Parks, sports and recreation services 195
5.3.3 Commercial services 195
5.3.3.1 Abattoir service 196
5.3.3.2 Electricity supply services 196
5.3.3.3 Public transport services 196
5.3.3.4 Roads, streets and storm water drainage services 197
5.3.3.5 Sewage disposal service 197
5.3.3.6 Solid waste removal services 197
5.3.3.7 Water supply services 197
5.4 Strategic focus areas of a metropolitan municipality 198
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Page 5.4.1 Services provided by metropolitan municipalities 199
5.4.1.1 Providing electricity services 199
5.4.1.2 Providing water and sanitation services 200
5.4.1.3 Providing roads and storm water services 200
5.4.1.4 Providing community safety services 200
5.4.1.5 Providing community/social development services 201
5.4.1.6 Providing environmental management services 201
5.4.1.7 Providing economic development services 201
5.4.1.8 Providing social development services 202
5.4.1.9 Providing human resources services 202
5.4.1.10 Providing finance and audit services 202
5.4.1.11 Providing corporate services 203
5.4.1.12 Providing operational services 203
5.4.1.13 Local economic development 204
5.5 Problems of metropolitan service delivery 204
5.5.1 Service backlogs 205
5.5.2 Community expectations 205
5.5.3 Insufficient financial resources 207
5.5.4 Institutional constraints and bureaucracy 210
5.5.5 Other 211
5.6 Need for municipal change and development 211
5.7 Problems and solutions 213
5.7.1 Capacitate officials 213
5.7.2 Establish a competent call centre 214
5.7.3 Commercialisation of accounts 214
5.7.4 Develop an Imbizo system to improve community involvement 214
5.7.5 Sufficient pay-points 215
5.7.6 Lack of legal measures to enforce accountability 215
5.7.7 Performance management system 216
5.8 Conclusion 217
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Page CHAPTER SIX
SYNTHESIS, CONCLUSIONS AND PROPOSALS 219
6.1 Introduction 219
6.2 Synthesis of the chapters and findings of the research objectives 220
6.3 Conclusions and proposals 235
6.4 Recommendation for further research 237
BIBLIOGRAPHY 242
LIST OF FIGURES
Figure 2.1: Meeting society’s needs 64
LIST OF TABLES
Table 3.1: Local government policy instruments 87
Table 5.1: Distribution of services in urban and rural areas in 1996 189
Table 5.2 Estimated cost of meeting service backlogs 1998-2007 191
1
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Introduction
This study aims to investigate the nature and problems of metropolitan service delivery in
South Africa. This introductory chapter provides a background and rationale for the study
in order to put the problem statement in proper context. The problem statement is
provided before the guiding research question. This is followed by the secondary research
questions and study objectives that are formulated for the purposes of this dissertation.
The methodological approach in terms of the research design, research method, data
collection methods, as well as the validity and reliability of the research methods is also
provided. Concepts that are frequently used in the dissertation are defined and explained
in order to avoid misinterpretation or misunderstanding. This chapter concludes with an
outline of the chapters that are included in the dissertation.
1.2 Background, rationale and problem statement
Every modern democratic state consists of a range of different governing bodies and
systems at various levels of society. Local government is one of those governing systems
that operates at community level. The South African governance system is characterised
by three distinct spheres, namely National, Provincial and Local Government. Different
variables influence each sphere and system of governance. Therefore, these ‘levels’ differ
in character in various respects, such as scale, power and degree of organisation. The
links between them also vary with respect to structuralism, functionalism, authority,
formality and other similar characteristics. The study of municipalities in South Africa is
further complicated by intergovernmental relations and the interaction of hierarchical
governmental institutions; networks of stakeholders and role-players; power relations,
political and ideological dynamics; cooperative governance; and demographic realities.
The Local sphere of Government in South Africa consists of municipalities (Section 151
(1) of the Constitution of South Africa of 1996 (hereafter referred to interchangeably as the
Constitution or the Constitution of 1996).
2
In terms of Section 151 (2) of the Constitution, a municipality’s legislative authority is
vested in its Municipal Council. Its primary function is to govern its local community
according to democratic principles subject to national and provincial legislation. Like local
government legislatures, local government executives are vested in Municipal Councils
(Section 151 (2) of the Constitution). Governing the affairs of a local community implies
that the municipality must provide sustainable services to its community; promote social
and economic development; and provide a safe and healthy environment (Section 152 (b),
(c) and (d) of the Constitution). Both national and provincial legislatures also have to
execute all the required functions to comply with sustainable service delivery, promote
development and create a safe and healthy environment. It requires the execution of all
the functions (processes) that municipalities must provide for auxiliary and instrumental
functions in order to make decisions, to negotiate and do research.
One of the goals after the African National Congress (ANC) was voted into power in 1994
has been to redress the past imbalances and ensure that everyone has access to basic
services. Indeed, this was a legitimate expectation for all the citizens who voted the
current ANC government into power. All spheres of Government’s commitment to ensure
access to services and a ‘good life’ is well-encapsulated in the Constitution of 1996; the
Reconstruction and Development Programme (RDP) White Paper of 1994; the Growth
Employment and Redistribution (GEAR) strategy of 1996; and other legislative and policy
documents. However, there are still enormous service delivery backlogs despite
Government's promise and efforts to improve citizens’ lives.
During the municipal election campaigns of 2006 and 2011, the public, national ministers,
premiers and members of provincial and local executive bodies all emphasised the issue
of poor service delivery. The months preceding both local government elections were
characterised by protests, demonstrations and unrest in various municipalities. The
communities involved demonstrated to show their dissatisfaction and anger with the poor
services they received from their municipalities. These statements and actions emphasise
both the Government and people’s dissatisfaction with service delivery in general.
Undoubtedly, Government regards the improvement of service delivery as a high priority.
For the past few years, there has been significant deviation from traditional mechanisms
and a new emphasis on the need for innovative strategies and alternative service delivery
mechanisms in order to redress the service delivery backlogs and to ensure that
3
municipalities are effective and efficient in rendering services. This focus has centred on
the use of public-private partnerships (PPPs), as well as other service delivery innovations
(for example e-governance and privatisation of certain services).
The creation of metropolitan municipalities plays a key role in building a viable,
developmental local government system within the cooperative governance framework.
Various pieces of legislation have been promulgated to regulate the functions and
responsibilities of South African municipalities’ functions and responsibilities. Despite
these comprehensive legislation and political policy guidelines, local government generally
struggles to realise the array of mandatory goals effectively. Furthermore, the way in
which elected and appointed officials view their discretionary powers based on legislation
does not go unchallenged. For this reason, the role and responsibilities of the various
structures and officials need to be clarified in alignment with the Constitution. The ethos of
Government, as enforced by the democratically elected representatives – councillors –
has also opened up new exciting concepts and procedures and everyone is expected to
perform in the interest of the community. As co-creators of the future of local communities,
councillors and officials need to understand the importance of capacity-building and
research initiatives. This includes the role and functions of municipalities in South Africa’s
constitutional dispensation; the strategic orientation of municipalities within global and
national contexts; the capacities and resources available; and best practices with regard
to applicable processes, procedures and methods.
The problem of service delivery backlogs is not unique to South Africa. Indeed, many
African and developing nations encounter this problem. Despite having acquired political
equality, the members of the South African society are still not equal. Some areas remain
well-resourced and well-developed, while others remain under-resourced, under-serviced
and with major developmental needs. As a result, there is a continuous need for
reconstruction and development. Although the current government inherited a first-world
infrastructure, it still faces third-world challenges and imperatives in terms of social
development, service delivery, unemployment and poverty. A considerable number of
areas under the jurisdiction of metropolitan municipalities still remain under-serviced and
lack some of the most basic services.
There is also considerable confusion about the use of terms such as metropolis,
metropolitan area and metropolitan government. Equivalent terms that are applicable to
4
towns and cities – and about which there is greater agreement – may be used as a basis
for obtaining the required knowledge about concepts and issues related to metropolitan
matters.
A ‘municipality’ refers to the area within the geographical and jurisdictional boundaries of
towns or cities, whereas a ‘metropolitan area’ has specific geographical boundaries.
However, the latter may be expanded through continuous growth and development in
neighboring towns and cities. The terms ‘metropolis’ and ‘metropolitan’ are so closely
related that one cannot be studied without the other.
Local government refers to those legislative and executive institutions that guarantee
order and justice within municipal boundaries through legitimate authority. A metropolitan
government also has legislative and executive institutions through which it exercises its
authority in a metropolitan area.
One of a metropolitan council’s key responsibilities is to provide affordable and efficient
services. A metropolitan council’s other key responsibilities are to provide city-wide spatial
integration and socially inclusive development. The council should also promote equity,
social justice and economic prosperity. Furthermore, the council plays a key role in
ensuring and promoting local democracy by facilitating citizen participation in decision-
making in order to respond to their needs. However, this can be a challenge, given the
nature of metropolitan areas, as well as the fact that they often comprise of diverse
communities (on a racial and/or income basis) with different needs and priorities.
This dissertation aims to provide a broad overview of the nature of metropolitan local
government and the external environment in which local government operates. It deals
with the relationship between local and other spheres of government, as well as with
legislation that creates, defines and regulates government. The dissertation will focus on
the functioning of the sphere of local government (within its constituent structures, namely
municipalities) within given regulatory and structural parameters.
Municipalities are the government sphere closest to its constituents and they render
services that materially affect the lives of the inhabitants who reside within their areas of
jurisdiction. As previously noted, Section 152 of the Constitution provides municipalities
with the mandate to ensure that communities receive sustainable services. This mandate
5
has to be fulfilled in an environment where municipalities face challenges, such as service
backlogs, community expectations, a lack of finances, as well as institutional and
bureaucratic constraints.
In the light of the above, this study aims to provide a conceptual framework gained from
the literature in order to explain the issues, concerns and challenges surrounding
metropolitan service delivery and its application in municipal settings. In conceptualising
local governance and management, emphasis will be placed on unravelling the concept
from the perspective of clarifying and enhancing the understanding of the phenomenon.
Furthermore, it will to explore the inputs that may influence effective and efficient
metropolitan service delivery either positively or negatively.
To do this an analysis is needed of the conceptual, process, institutional, legislative,
policy, structural and functional variables that influence metropolitan service delivery, as
well as to determine if and how municipal governance and management could help
municipalities – specifically a metropolitan area, to become more effective.
In view of the above account that captures the central problem of this research, the
following question encapsulates the problem at hand: What is the essence of the nature and challenges of metropolitan service delivery in South Africa and how does the statutory and regulatory framework encompass them in its structural and functional framework for the successful implementation of local governance and service delivery for the local communities?
Now that the research problem has been delineated and explicated, it is necessary to
state the subsequent research questions for the purposes of this study.
1.3 Research questions
Through the application of primary and secondary sources, the following secondary
research questions, which could provide possible solutions to the problem, need to be
addressed:
6
1.3.1 Secondary-research questions
What is the nature of the interaction between the variables that influence the
meanings, foundations, processes and State- and Government-related concepts of
service delivery in metropolitan local government?
What is the nature of the legislative, policy and institutional variables that influence
metropolitan governance and service delivery?
What is the nature of the interaction of the structural, functional, decision-making
and institutional variables that influence metropolitan functions, powers,
governance, accountability and co-operative developmental local government?
What is the nature, problems and challenges of service delivery within the local
government sphere, with particular reference to a metropolitan municipality?
1.4 Research objectives
To answer the above questions in order to achieve the general aim of the study, the
following objectives of the study serve as specific aims, namely to:
Provide a conceptual description and an explanation of local government-related
concepts, phenomena, and processes that influence service delivery in local
government by conducting a literature study.
Explore the macro- and micro-perspectives regarding external and internal issues
that affect service delivery to ensure sustainable development.
Provide a specific level of understanding of the constitutional and other legislative
provisions and requirements that are related to municipalities in order to
understand the nature and problems of municipal governance more clearly.
Clarify local government’s function and the institutional role of municipalities, with a
focus on municipalities’ structural framework, functions and powers.
Provide the structural framework of municipalities in terms of municipal categories.
Special reference is made to the role of Category A municipalities within the context
of a metropolitan municipality.
Explore the context of how mechanisms are applied to ensure good governance
and accountability in a municipality.
Explain the decision-making products of a municipal council.
7
Explain the role of accountability and service delivery in a municipality.
Discuss the context of co-operative and developmental government.
Highlight the role of integrated development planning, performance management,
supply chain management and risk management as variables that influence the
structural/functional framework of a municipality.
Identify, describe and explain the functions aimed to provide services within the
local government sphere.
Explore the challenges and problems of metropolitan service delivery with a view of
providing solutions to improve this important process.
1.5 Research design, research method and data collection methods The purpose of this section is to present a brief introductory discussion of the research
methodology used in the dissertation. Deciding to follow either a quantitative or qualitative
approach during research design, determines which research design and methods will be
chosen. 1.5.1 Qualitative nature of the study
This study is qualitative in nature and will subsequently require a careful description and
evaluation of data. It involves a literature and documentary analysis that is based on
primary and secondary sources and supplemented by interviews. Qualitative research
focuses on an assessment of a situation that is expressed in the participants’ own
words (Monobe 2001:104). It has to do with qualities rather than quantities or figures.
It describes types, styles and similar factors in an effort to understand the
phenomenon as a whole.
Qualitative research also has the following characteristics:
It is concerned with process rather than with outcomes or products. The
researcher gains entry into the respondent’s setting and establishes a role that
he/she will play in order to make enquiries in an acceptable manner. In this study,
the researcher is particularly interested in what is happening at a metropolitan
municipality in terms of providing services.
Qualitative researchers tend to analyse data inductively in order to answer the
8
research questions. They build the abstractions, as the particulars are grouped
during the research process (cf. De Vos 2001:240).
The above elements make qualitative research unique and different from quantitative
research and are also prevalent in this qualitative study.
1.5.2 Research design
Schumacher and McMillan (1993:31) state that research design is the plan and structure
of the investigation used to obtain evidence in order to answer research questions. It
describes the procedures of conducting the study. Mouton (1996:107) argues that
research design could be viewed as the ‘blue print’ of the research project that precedes
the actual research process. This enables the researcher to anticipate what the
appropriate research decisions should be in order to maximise the validity of the eventual
results (Mouton 1996:107).
Le Compte and Preissle (1993:30) state that, “research design involves deciding what the
research purpose and questions will be; what information would appropriately answer
specific research questions and which strategies are most effective in obtaining it”. In
addition, Yin (1994:19) asserts that research design is the logical sequence that connects
the data to the study’s initial research questions and ultimately to its conclusions. The
main function of a research design is to enable the researcher to anticipate what the
appropriate research decisions should be to help maximise the validity of the eventual
results (Mouton 1996:107).
1.5.3 Research method
The primary goal of research is to discover knowledge. There are three main purposes of
research, namely, to describe, explore and explain in order to be predictive and to achieve
the outcomes of the research questions that were formulated to outline the research. The
purpose of exploratory research is to gain a broad understanding of a phenomenon. In
descriptive research the researcher observes with the intention to give the most accurate
description of the state of affairs. In turn, explanatory research answers the ‘why’ question
of what is being investigated (Babbie and Mouton 2001:81).
9
As highlighted by the preceding section, no empirical research will be undertaken in the
study. Instead, information will be derived from local government and other related
concepts and issues that are available in the literature. The researcher started by raising
generative questions that help to guide the research. However, these questions were not
intended to be either static or confining. As the researcher began to collect data, core
theoretical concept(s) were identified. Provisional linkages were developed between
theoretical core concepts in the literature. The core concept ‘local government’ was
identified and fleshed out in detail. This process continues and does not end. Hence, this
study does not have a clearly defined demarcated ending point (cf. Auriacombe 2005:14).
Once the findings have been identified, the literature can help the researcher understand
patterns in the data and therefore he/she can theorise about dynamics, relationships, and
links in the data. When conclusions have been drawn, the literature helps compare the
findings with past studies and identify how the current study builds the knowledge base in
the particular field of study by adding to, confirming, or contradicting prior findings.
Because conceptual studies focus on context, the literature review can point to studies in
similar or different contexts to help the researcher understand the limits of the findings
with regard to the study in question. This helps the reader to better understand how to use
findings in a different setting (Creswell 2007: Creswell 1998; Merriam 1998; and Merriam
and Simpson 1995).
The research methodology is based on a conceptual analysis of multiple primary and
secondary sources that cover a wide spectrum of themes. This includes published core
literature on the concepts, theories, and approaches of the variables that influence local
government in the South African contexts. It also encompasses the relevant legislation,
regulations, official documents, policy documents, newspapers, journal articles and
internet websites. The ultimate aim is to provide a description and explanation of the
historical and current developments in municipal governance and management with
specific reference to the nature and problems of metropolitan service delivery. The
importance of document use is to corroborate and argue evidence from various sources.
The use of documentation helps to construct interviews, clarify facts, and/or make
inferences from specific arguments or facts (Yin 1994:81).
10
1.5.4 Data collection methods The general principle for any research is collecting data from multiple information sources.
This requires more than a single source, but it should cover the same phenomena.
A literature review is utilised to establish a theoretical framework and underpinnings for
this study. It refers to the study and analysis of all the relevant available literature in the
form of books, periodical articles, official documents and newspapers.
1.5.4.1 Literature review
A literature review plays a crucial part in a research study. Notably, this is one of the
methods used for data collection. According to Creswell (1994:20-21), the literature review
accomplishes the following goals in the research dissertation:
“it shares with the reader the results that are closely related to the study being
undertaken;
it relates a study to the larger, on-going dialogue in the literature about a topic,
filling in gaps and extending prior studies;
it provides a framework for establishing the importance of the study, as well as a
benchmark for comparing the results with other findings”.
The literature review helps to identify what is known about the context and focus of the
study from research and, sometimes, from practice. Prior research, plus theory, helps the
researcher to find out what information he/she should focus on gathering because other
researchers have found it to be important. Therefore, the literature review shapes the
design of the study (Creswell 1998; Merriam 1998; and Merriam and Simpson 1995).
McMillan (2000:48) also concurs that the purpose of a literature review is to relate
previous research to the problem under investigation, by showing how a current or
proposed study compares to previous investigations.
Much has been written about a literature review (sometimes also referred to as a
conceptual analysis). However, for the purposes of this dissertation the literature analysis
is seen as a critical and in-depth evaluation of previous research. It provides a summary
and synopsis of a particular area of research, allowing anybody reading the dissertation to
establish why the researcher pursued this particular research topic. The literature review
11
expands on the reasons behind selecting the particular research question. Furthermore, it
establishes the theoretical framework for the study and provides theoretical perspectives
on the units of analysis.
1.5.4.2 Primary and secondary sources of information
In order to achieve sound local governance and management, local government is
concerned with many aspects of Public Administration and Management. Therefore, the
secondary literature-based information sources consulted covered a wide spectrum of
themes, such as concepts relating to state, government and public administration, service
delivery, management, leadership, responsibility, accountability, organisational structure
and design, as well as factual information regarding local government-related concepts
and issues.
The specific information sources that are mentioned below tend to be unobtrusive, stable
and relatively exact. Furthermore, they cover a broad category of information. Some of the
weaknesses included access, retrievability, incomplete collection or reporting bias (Yin
1994:80). The document analysis of secondary (qualitative) data complemented the
primary data generated by the interviews. However, it is important to note that these
research instruments are not mutually exclusive. Rather, they serve to complement each
other.
Secondary sources of information
The choice of method for this study was based on the following secondary sources:
Relevant published textbooks on local government, public administration and public
management.
Unpublished dissertations and theses.
Relevant legislation.
White Papers, official and unofficial documents.
Published and unpublished documentation, research reports and documents of
municipalities and the Tshwane Metropolitan Municipality.
Speeches, unpublished lectures and documented interviews.
12
Unpublished lectures, documented interviews, periodic reports and documented
cases.
National and international conference papers.
Articles from scientific journals, reference works, as well as newspaper and
magazine reports.
Internet sources.
Primary information sources – interviews
In most cases, interviews complement other information sources. However, there are
advantages and disadvantages to making use of material gleaned from interviews. Some
of the advantages include: One can be more flexible with regard to clarifying or probing for
information; the response rates are effective; the presenter can observe non-verbal
behaviour; the researcher has better control over the environment; respondents can be
more spontaneous; and questions can be more complex. Interviews have a high reliability
and validity due to these strengths. The disadvantages of this form of research include
interviewee bias; no opportunities to consult records; the cost of access to respondents; a
lack of respondents; or respondents refusing to be interviewed. Furthermore, one could
encounter validity and reliability errors, especially seeing that the strongest weakness here
is ‘interviewee bias’. For instance, when an interviewee endeavours to answer in a
manner that he/she thinks would please the researcher, or that would somehow be more
socially acceptable (Bailey 1994:173-175, 194, 212).
Unstructured interviews were conducted with decision-makers and participants as a
source of information. Individuals from the structures responsible for implementing service
delivery were also interviewed. This is where the researcher established whether the
vision and the actual structures put forward to implement and improve service delivery
worked hand-in-hand. Interviews were conducted on a one-on-one basis, or as part of
field research (informal discussions) and written correspondence through which the
researcher posed questions ahead of time to which the respondents responded in writing.
Furthermore, supplementary data was interpreted and clarified in in-depth interviews or
discussions with key informants. The key informants were senior officials and citizens that
had at some stage been, were or are still directly involved in local government. In order to
protect the anonymity of the person interviewed, the names of the people interviewed are
not always cited in the text and in the bibliography.
13
1.5.5 Validity, reliability and research methods As indicated earlier, it is important to understand that there is a distinction between
qualitative (non-numerical) and quantitative (numerical) research analysis. Qualitative
measurement is used extensively in observational studies and in most cases the variable
is non-numerical (Bailey 1994:76). Therefore, this study mainly adopts a qualitative
approach, which is based on acceptable information sources.
Thus, when dealing with non-numerical research, validity and reliability become the
researcher's main – and very important – focus. In the case of this report, the research is
deemed to be satisfactory due to the use of various data sources. Measuring the validity
and reliability of the research will be based on the general definition of validity. Validity is
defined as “the extent to which an indicator tells you what you want to know about a
concept or that points to relevant aspects of the concept” (White 1994:427). Validity and
reliability are asymmetrical, which means that validity will provide reasonable reliability but
not vice versa. Reliability simply implies consistency (Bailey 1994:68 and 72). In this
dissertation, validity (especially construct validity) and reliability were strengthened by
using a triangulation of data sources. Construct validity is seen as the strongest or most
reliable form of validity, as it is based on various information sources (Bailey 1994:70).
Through this process, different facts and multiple measures of the same programme were
used. This especially holds true when conducting case study research (Yin 1994:91).
Therefore, the data resources for validity and reliability became a general principle for this
dissertation to be based on.
1.6 Terminology 1.6.1 Municipality, local authority and local government
According to Ismail et al. (1997:3), it is “... that level of government which is commonly
defined as a decentralised representative institution with general and specific powers
devolved to it by a higher tier of government within a geographical area”. In terms of
Section 151 (1) of the Constitution, the local sphere of government consists of
municipalities that must be created for the entire South Africa and derives its powers from
the Constitution. A municipality is a political subdivision that has substantial control over
14
local affairs. This includes the power to impose taxes or to exact labour for prescribed
purposes. In terms of Section 156(1) of the Constitution, it has a right to govern and
administer on its own initiative. However, it is subject to constitutional provisions, as well
as national and provincial legislation. The national and provincial spheres may not
compromise or impede a municipality’s ability to exercise its powers or perform functions.
For purposes of this dissertation, the terms local government and municipality will be used
interchangeably (see section 4.3).
1.6.2 Municipal Council
In terms of Section 157 of the Constitution, a municipal council consists of members
(councillors) that are elected in accordance with national legislation (see section 3.3.2.3).
Ismail et al. (1997:3) states that a “municipal council is a body created to serve a
community and administer in a given geographical area. A municipal council is made up of
elected and appointed persons that operate and govern the affairs of and provides
services within a specific geographical area”. Municipal councils exist to serve, represent
and govern the people and affairs of a particular area.
1.6.3 Executive Mayor
In terms of Section 48 of the Local Government: Municipal Structures Act of 1998 (Act 117
of 1998) (hereafter referred to as the Structures Act), a municipal council must elect a
member of its executive committee as the Mayor. If a municipal council decides to have
an Executive Mayor, it elects him/her from among its members at a meeting that must be
held within 14 days after the council is elected. Section 56 of the Structures Act (see
section 3.3.2.3) determines the functions and powers of the Executive Mayor.
1.6.4 Municipal Manager
The municipal administration has to ensure that municipal services are delivered to local
residents. It consists of officials who are employed by the municipality. According to
Section 82 of the Structures Act, the Municipal Manager is the head of administration and
also the municipality’s accounting officer.
15
1.6.5 Key performance area (KPA)
According to Craythorne (2003:126), a key performance area (KPA) relates to the core
functions of a position where performance is measured.
1.6.6 Key Performance Indicator (KPI)
A key performance indicator is an instrument or tool that determines whether performance
is in line with the standards that are agreed upon between the employer and employee
(Craythorne 2003:126-127).
1.6.7 Customer care
In terms of Chapter 9 of the Local Government: Municipal Systems Act, 2000 (Act 32 of
2000). a municipality must, within its financial and administrative capacity:
(a) “establish a sound customer management system with the aim of creating a
positive and reciprocal relationship between persons liable for these payments and
the municipality, and where applicable, a service provider;
(b) establish mechanisms for users of services and ratepayers to give feedback to the
councillor and other service providers with regards to the quality of the services and
the performance of the service provider;
(c) institute reasonable steps to ensure that consumers of municipal services are
informed about the costs involved in service provision, the reasons why payment is
required and the manner in which funds generated from service delivery are
utilised;
(d) where the consumption of services has to be measured, take reasonable steps to
ensure that the consumption by individual users of services is measured by
accurate and verifiable metering systems;
(e) ensure that persons liable for payments, receive regular and accurate accounts that
indicate the basis for calculating the amounts due;
(f) provide accessible mechanisms for those persons to query or verify accounts and
metered consumption and appeal procedures which allow such persons to receive
prompt redress for inaccurate accounts;
(g) provide accessible mechanisms for dealing with complaints from such persons,
16
together with prompt replies and corrective action by the municipality;
(h) provide mechanisms to monitor the response time and efficiency in complying with
paragraph (g); and
(i) provide accessible pay points and other mechanisms for settling accounts and for
making pre-payments for services”.
Hence, municipalities must apply generic customer care in terms of community-based
service delivery.
1.6.8 Local government management
Local government management refers to “ ... the system of managing the affairs of a
locally established authority. Local government management is the action of governing the
affairs of a town or city through planning, directing, controlling and regulating business and
industrial activities within a specific jurisdiction’ (Coetzee 1985:27).
1.6.9 Alternative service delivery
Kaul (1998:116) defines alternative service delivery as: “...a creative and dynamic process
of public sector restructuring that improves the delivery of services to clients by sharing
governance functions with individuals, community groups and other government entities”.
1.6.10 Partnerships
A partnership is an arrangement and agreement between a government institution and
one or more parties (inside or outside government) where there is an agreement to work
cooperatively to achieve public policy objectives (Department of Public Service and
Administration (DPSA) 2000:15).
1.6.11 Privatisation
“Privatisation means the systematic transfer of appropriate functions, activities or property
from the public to the private sector, where service production and consumption can be
regulated more efficiently by the market and price mechanisms” (White Paper on
Privatisation and Deregulation 1987:8).
17
1.6.12 Re-engineering
Re-engineering refers to the major redesign of an institution/municipality’s processes,
organisation and culture to achieve set goals and objectives (Kuczmarski et al.2001:20).
1.7 Outline of chapters
After completing the research, the collected material was integrated and coordinated, so
that the facts and observations could form a logical and sequential whole.
The objective of chapter one is to introduce a background to the issues to be researched
and the research methodology applied. The chapter provides a background and rationale
for the study in order to put the problem statement in context. The problem statement is
provided prior to the guiding research question and is followed by the secondary research
questions and study objectives that were formulated for the purposes of this dissertation.
The methodological approach in terms of the research design, research method, the data
collection methods, as well as the validity and reliability of the research methods is also
provided. Concepts that are frequently used in the dissertation are defined and explained
in order to avoid misinterpretation or misunderstanding. This chapter concludes with an
outline of the chapters that are contained in the dissertation.
Chapter two describes and explains the conceptual, process and institutional variables
that influence service delivery. These aspects include local government-related concepts
and phenomena, as well as the macro- and micro-perspectives regarding external and
internal issues that affect service delivery in sustainable development.
Chapter three provides the legislative, policy and institutional variables that influence
metropolitan governance and service delivery. The aim is to provide a specific level of
understanding of the constitutional and other legislative provisions and requirements
related to municipalities in order to understand the nature and problems of service delivery
better.
Chapter four proceeds from chapter three and clarifies local government’s function and
the institutional role of municipalities. Focus is placed on municipalities’ structural
18
framework, functions and powers in terms of municipal categories. Special reference is
made to the role of Category A municipalities in the context of a metropolitan municipality.
It explores the context of how mechanisms are applied to ensure good governance and
accountability in a municipality. Furthermore, this chapter explains the decision-making
products of a municipal council; the role of accountability and service delivery in a
municipality; and the context of co-operative and developmental government. The chapter
also highlights the role of integrated development planning, performance management,
supply chain management and risk management as variables that influence a
municipality’s structural/functional framework.
In Chapter five the focus shifts to the implementation issues regarding service delivery.
This chapter pays attention to the nature and challenges of the functional context of
metropolitan government and service provision in a metropolitan municipality. It explores
the context of how regulatory, social and commercial services are strategically delivered.
Moreover, it investigates the challenges and problems of metropolitan service delivery
with a view to provide solutions to help improve the service delivery process.
In conclusion, chapter six provides a synthesis, conclusions and the findings of the
study. Proposals are made in order to improve the effectiveness of metropolitan service
delivery.
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CHAPTER TWO
CONCEPTUAL, PROCESS AND INSTITUTIONAL VARIABLES INFLUENCING SERVICE DELIVERY IN METROPOLITAN LOCAL GOVERNMENT
2.1 Introduction
This chapter aims to answer the first secondary research question posed in chapter one
(see section 1.3): “What is the nature of the interaction between the variables influencing the meanings, foundations, processes and state- and Government related concepts of service delivery in metropolitan local government? Therefore,
the chapter sets out to clarify the first objective posed in chapter one as to provide (see
section 1.4) “a conceptual description and an explanation of the local government related concepts, phenomena, and processes that influence service delivery in local government through the application of a literature study”, in order to establish a clear
and meaningful basis for its interpretation and utilisation in the context of the following
chapters in the dissertation. The purpose is to eliminate confusion regarding various local
government-related concepts, processes, phenomena and variables that influence the
nature and problems of service delivery, such as the environment of local governance,
before the focus is shifted to internal governance issues that may influence sustainable
service delivery.
Firstly, the chapter explains the meaning of the concept of ‘environment’ in general and
draws a distinction between the external and internal environment. The different elements
of the external and internal environments are discussed under two categories. The
chapter explains what the external environment entails and discusses each of the two
categories constituting the external environment; the natural environment and the
intellectual environment that encompass social, cultural, economic, political, statutory and
technological elements.
The chapter also provides a broad possible perspective of how these external
environmental issues affect service delivery to ensure a sustainable local government.
These issues are explored in terms of the First World reality, the developing country
reality, the impact of globalisation and international capital flows and the impact of
HIV/AIDS.
20
It also explains the internal environment and recognises the obstacles inside the internal
environment of government institutions that can curtail their ability to deliver efficient,
effective and economic services. In this regard, it also highlights two broad categories (the
formal and the informal internal environment) of the internal environment and discusses
what each entails. In terms of the aspects related to the formal internal environment, this
chapter discusses: the bureaucracy, communication, the workplace environment,
centralisation and decentralisation and intergovernmental relations.
Secondly, the research question and research objectives posed above aim to eliminate
confusion regarding State and Government-related concepts and variables that influence
the nature of service delivery in local government. This includes the notion of democracy
as a variable that influences local government. This section of the chapter pays attention
to the governing function in a democracy, misgovernment, citizens’ ignorance and
corruption as variables that influence the notion of democratic governance negatively. It
also includes the State and Government’s role in service delivery in terms of governance,
good governance, public administration and management and the relationships between
state, communities and the market are also discussed.
In addition, the chapter also pays attention to the relationship between the external and
internal environmental issues that may influence service delivery. In this regard, attention
is paid to economic policy and intergovernmental relations in South Africa, Government’s
ideological contradictions, a lack of a common vision and policy constraints.
Furthermore, this section in the chapter also deals with the concepts, institutions and
activities that ultimately influence public service delivery that are local government-related.
In this regard, attention is paid to public service delivery; the activities that are involved in
service delivery; and alternative service delivery mechanisms that comprise of internal and
external service delivery mechanisms. External service delivery mechanisms include
volunteerism, the marketplace, external suppliers, other domestic governments, private
contractors and outsourcing, public-private partnerships, third-sector organisations (or
third-party governance) and electronic service delivery mechanisms. The latter include: e-
governance/government, short messages services and service delivery innovation (SDI).
Finally, the chapter explains the values and principles, such as the Batho Pele principles,
which are applicable as variables that influence public service delivery.
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2.2 Environment
Much like the human body, or even automobiles, that function as a system, municipalities
by comparison also function as systems. A system can be defined as, “...a set of
interrelated and interdependent parts arranged in a manner that produces a unified whole”
(Robbins 1987:10 in Roux 1997:28). Societies in which the municipalities operate are also
systems made up of various parts/components that are connected to form a whole. Input
from one component can be used by another component within the system to produce
desired results. For example, the human body is made up of various parts, such as eyes,
the heart, hands, ears, legs and the brain, all of which work in harmony with one another
and enable the body system to function. The nose and veins enable a person to breathe
and live. In turn, every breath enables the blood to flow, the brain to think and to control all
the other parts of the body. When a part of the human body malfunctions, it can lead to
discomfort or death – depending on that part's level of importance. The body also makes
use of other external components, such as the air that is breathed or food from plants and
animals (input), which the body processes to sustain itself and meet its basic needs
(output).
There are two types of systems that can be distinguished, namely open and closed
systems. A closed system is self-sustaining and receives no input from the outside
environment; neither does it release output into the bigger environment (Robbins 1987:12
in Roux 1997:30). It can be deduced from the above that a closed system is a fallacy in
the case of living organisms, as all organisms are dependent on something else for their
survival.
An open system is the opposite of the closed systems and accepts the dynamic inter-
relatedness of all components that make up the environmental system that all living
organisms form a part of. The different components therefore contribute to make the
whole. Scott (1992:76) argues, “...a system is open means, not simply that it interchanges
with the environment but that this interchange is an essential factor underlying the
system's viability”. A system's viability is made possible by the open system’s ability to
process resources from the environment and also releasing its outputs that will serve as
inputs for other components within the larger environment (Scott 1992:83).
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Municipalities do not operate in isolation. They are open systems or structures that rely on
the environment around them for resources and are influenced by events and factors in
the environment. Municipalities are not secluded, self-regulating, enclosed units, but form
part of a more extensive whole and should integrate themselves with the greater
environment (Du Toit et al. 1997:113). The term environment refers to “...the sum total of
the existing social, economic and political circumstances which cause problems (provide
opportunities) for policy makers” (Sharkansky 1978:9 in Du Toit et al.1997:113).
The environment that municipalities function in can be divided into two groups, namely the
micro- and the macro-environment. The micro-environment is also known as the internal
environment and refers to all factors within the institution or municipal structure itself that
assist or restrict the municipality in achieving its goals. These internal factors include the
organisational structure, human resources component, culture, policies and procedures.
The macro-environment is also referred to as the general environment. It is made up of
factors outside the municipality that have a direct or indirect impact on the functioning of
the given municipality. Managers in municipalities must monitor, diagnose and proactively
respond to these external events as they have a direct or indirect impact on any
organisation.
Kast and Rosenzwerg (1994) (in Schwella et al. 1996:19) define the general/macro-
environment as everything existing beyond the municipality's borders. The trends
emanating from the environment consistently exert their influences on the municipality and
its resources either positively or negatively. Municipalities should devise methods that
enable them to identify trends and how they can influence municipal activities. One such
tool is the popular Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis. If
properly done, a SWOT analysis will detect factors that could be harmful to the
municipality timeously. Subsequently, they can be dealt with before they actually do any
harm. Similarly, a SWOT analysis can also reveal opportunities that the municipality can
explore to help improve its performance.
These environmental factors have an impact and influence the functioning of any
municipality. Thus, they need to be managed (as far as is possible) proactively, so that
they do not hamper the municipality’s performance.
23
Before discussing the environmental implications for local government and management,
for the purpose of this section, it is important to first explain how the environment is
classified. Firstly, the term ‘environment’ embraces all environmental elements and
phenomena. The environment consists of a natural and an intellectual environment. Both
the natural and intellectual environments consist of different elements, while various
phenomena could emanate from these environmental elements.
McCurdy (1977:174) describes the environment of public administration, and by
implication local government, as “the whole environment in which the government and its
institutions struggle to function effectively, efficiently and economically”. Economic,
political and various other circumstances may influence the capability of government
institutions and officials to govern the affairs of a country efficiently, effectively and
economically. McCurdy’s explanation for the environment is applicable to all government
institutions and the public officials working in them.
Du Toit and Van der Waldt (1999:119) describe the environment as multiple phenomena
surrounding and influencing everything that exist, live and operate in it. In a situation
where a local government has to introduce water restrictions, all users in that area must
make certain sacrifices, such as to use less water and/or pay more for it.
Du Toit and Van der Waldt (1999:120) distinguish between the natural environment and
an environment that originated because of human intellectuality – the intellectual
environment. Both these environments consist of various environmental elements and
phenomena and form part of an environment that is external to all institutions. For the
purpose of this dissertation, the external and internal environments as variables that
influence government institutions and phenomena emanating from them will be examined.
To a degree, the respective environments in which public institutions function differ from
one institution to the next. The reason is the different operational fields that institutions
function in. A Department of Health’s operational field differs significantly from that in
which a Department of Environmental Affairs and Tourism functions. Notably, the
environment of each local governmental institution is the arena in which that institution
and its officials struggle to function.
24
2.2.1 External environment
The external environment – an environment outside the parameters of public institutions –
can be divided into natural and intellectual environments. Each one has its own dynamics
that are brought about by the interrelationships between environmental elements and
phenomena, such as earth quakes or political instability, which can influence government
institutions’ decisions and actions.
The following discussions will focus on the natural and intellectual environments and their
respective sub-elements and phenomena arising from them. An element in the
environmental context can be described as a component of something larger (Reader’s
Digest Oxford Complete Wordfinder 1993:475). A phenomenon is “a fact or occurrence
that appears” (Reader’s Digest Oxford Complete Wordfinder 1993:1141).
2.2.1.1 Natural environment
The Reader’s Digest Oxford Complete Wordfinder (1993:1012) describes ‘natural’ as
“existing in or caused by nature; not artificial”. Du Toit and Van der Waldt (1999:121)
define it as “all natural phenomena, in which people played no part in creating”. According
to these definitions, the natural environment is inclusive of oceans, mountain ranges,
topography, deserts and rivers. None of these were created by humans.
From time-to-time, specific natural phenomena occur that could influence the decisions
and actions of policy-makers, executive authorities and people. This includes continuous
rain, floods and tsunamis, such as the one in Japan where thousands of people lost their
lives. This catastrophic event influenced the decisions and actions of not only the
governments and people in the immediate surroundings, but also those of the international
community.
2.2.1.2 Intellectual environment
Intellectual aspects of the external environment are the result of peoples’ intellectual
abilities (Du Toit and Van der Waldt 1999:121). Governments continuously strive to create
an environment where citizens feel safe and comfortable; the private sector prospers;
people can live quality lives; and governments can achieve their objectives. These
25
aspirations resulted in the development of various physical and mental elements within the
intellectual environment.
Du Toit and Van der Waldt (1999:121) see the physical element of the intellectual
environment as a human creation, a physically changed natural environment with its man-
made infrastructure – cities and towns, road and rail networks, as well as manmade lakes
and agricultural activities. Phenomena that emanate from this element include the
stoppages of flow in rivers due to large dams or the pollution of rivers and the air. The
intellectual environment consists of various elements that originated due to peoples’
intellect and efforts. Du Toit and Van der Waldt (1999:121-125) refer to some of them,
which include social, cultural, economic, political, statutory and technological elements.
Social elements
These elements are “…the sum total of all the social subsystems that people belong to
and the interaction between these subsystems that can influence the environment of
public institutions" (Du Toit and Van der Waldt 1999:123). Examples include social groups
such as families, sport organisations, religious groups or gangs. Crime can for instance
influence a government to adjust legislation to combat this negative social phenomenon.
Governments are subsystems of the environment’s social element because rules made by
governments are the only rules that can be legally enforced (Du Toit and Van der Waldt
1999:122).
Municipalities exist to serve and meet the needs of the society, or of the community in a
specific geographical jurisdiction. Thus, local government is influenced by the social and
societal environmental factors, trends and changes that take place in the given
jurisdiction. Social factors, such as demographics, population growth, age distribution, life
expectancy, birth rate, gender composition, regional shifts in population, employment and
unemployment rates, education levels, service provision levels and lifestyle changes, are
important (Higgins et al. 1986:147). A combination of these factors will help point out
priority areas and services to be provided in the given community. It stands to reason that
municipalities must adapt and change as their communities’ needs and values change,
otherwise they lose their legitimacy or reason to exist.
26
Craythorne (1997:15) notes that, with regard to the social dimension, South Africa’s
demographics reveal both Third World and in some ways First World characteristics –
particularly in light of the contrast between wealth and poverty. The poor mainly includes
Black, Coloured and Indian people. As a community-focused entity, local government is
“government closest to the people”, as municipalities are responsible for providing the
most basic services, such as water, electricity and roads. Communities rely on their
respective municipal councils for “the provision of such services”. This places
municipalities in the favourable position to be involved with, and improve, the specific
communities’ living conditions that fall within their jurisdiction. Municipalities should thus:
be aware of the nature and needs of the population within their respective areas;
be open and responsive to those needs;
adopt balanced policies of fairness and justice in all interest; and
avoid being prejudicial or sectional with regard to service provision (Craythorne
1997:15).
Culture is a critical and inseparable concept – particularly when describing the social
environment. Schaefer (1992:67) defines culture as socially learnt behaviour that includes
a society's beliefs, values and attitudes. Culture encompasses aspects such as role
definitions between men and women, behavioural norms, as well as patterns that a
community regards as acceptable. Robbins (1991:72) provides a similar definition of
culture and argues that culture implies “…a system of shared meaning which involves
aspects such as shared values and beliefs. These shape goals, needs and way of life”.
Cultural elements include key cornerstones. Firstly, language is often referred to as the
foundation of culture, as it is the medium used to communicate and transfer meaning in
society. Language can be in the form of the spoken and written word, as well as symbols
or signs. Secondly, norms play an important role and are defined as “...established
standards of behaviour maintained by society” (Schaefer 1992:67). It can be described as
generally accepted behaviour. For example, it is generally accepted across many
societies that stealing is unacceptable and also reflected in societal laws; and should it
occur, it should be followed by some or other form of punishment. Such laws are
enshrined in a country’s constitution, as well as other acts of law promulgated by the
government of the day on behalf of the society. A third element of culture is values, which
are society's perceptions/beliefs of what is regarded as good and bad, desirable and
27
undesirable, important and unimportant, or essential and non-essential. The term ‘value’ is
often used when referring to something considered worthy and desirable.
From a municipal management perspective, it can be deduced that it is essential that a
municipal council understands the culture of the community it was created to serve, as it
shapes that community's needs and priorities. It can also be deduced that from a local
political point of view, parties who hope to form part of the municipal council, should
understand the communities they seek to serve. In order to secure votes and ensure
success during municipal elections, they need to consider aspects, such as the
community's values, needs and priorities. The South African society is heterogeneous in
terms of race, gender, culture and development. Thus, it can further be deduced that it
can be a highly complex task to determine public interest and needs amidst these
differences.
It could be deduced from the above that environmental elements, and phenomena
emanating from them, interact with each other. This can influence other
elements/phenomena and the environment in which public institutions have to operate to
deliver services. Because of a high crime rate, foreign and local investors may look for
alternative investment opportunities. This, in turn, could lead to higher unemployment that
could result in increased crime and poverty. Such developments could lead to legislation
intended to limit crime or the occurrence of crime and the implementation of such
legislation by public servants. The eventual result is the delivery of more protection
services.
The legacy of Apartheid in South Africa has a major influence on how members of society
interact with each other. The fact that South Africa was based on racial, ethnic and cultural
dimensions had become a major challenge local government has to overcome in order to
provide services. This situation led to a lack of trust among community members. Thus,
local government needs to ensure that there is interaction. Reddy (1996:195) supports this
view, by indicating that local authorities must direct their expenditure by providing energy
and organisational arrangements in areas such as rural communities.
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Economic elements
These elements are a combination of economic systems that are applicable at a given
time and place and that are used to create and distribute wealth (Du Toit and Van der
Waldt 1999:123). At this point it could be argued that different people, groups and
governments at particular times and under certain circumstances will attach different
meanings to the concept of wealth. Furthermore, they will support different economic
systems through which wealth could be created, such as socialism, capitalism or hybrids
of systems. Surely, the envisaged ideals of a government play a major role in its choice of
economic systems, such as capitalism or socialism.
Fox et al. (1991:19) state that a society’s economic system is the way in which it creates
and distributes wealth. This simply implies that the manner in which wealth is created and
distributed is regarded as a system, which helps ensure that development will definitely
take place. They further emphasise some of the factors to be considered, such as the
structure of the economy, patterns of economic growth, inflation trends, savings and
investment trends. This view is also supported by Reddy (1996:194), who indicates that
political objectives cannot be achieved without the necessary economic development.
Ultimately, economic resources provide the fiscal base to meet political expectations. This
then becomes one of the major challenges local governments have to grapple with when
finance-related policy decisions are made.
The Collins Dictionary and Thesaurus (1989:1137) describes wealth as “a large amount of
money and valuable material possessions”, or “the state of being rich”. In the context of
economics, it could be added that wealth refers to all goods and services with monetary,
exchangeable, or productive value.
The concept of economics refers to the study of how people earn their livelihood.
Economics refers to the science of dealing with the production and distribution of material
wealth (Collins Dictionary and Thesaurus (1989:289).
Economic systems are created to enable the creation and distribution of wealth or
resources. Three distinct systems can be identified, namely the free market system,
collectivism and a combination of the above (Fox et al.20).
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Certain conditions or factors in the economic environment influence the functioning of
municipalities. These include the Gross National Product (GNP) trends, interest rates,
money supply, unemployment trends, inflation rates, wage or price controls and economic
growth (Higgins 1986:147).
The above-mentioned factors, such as interest rates, employment trends and inflation,
ultimately determine income levels and the individual citizen's capacity to pay for services.
If interest, inflation and unemployment rates are high it will negatively influence the
municipality's revenue base and its capacity to deliver services and achieve set goals.
Section A (2.6) of the White Paper on Local Government (1998) similarly notes that no
municipality can disregard local, national and global economic changes, as these can
have an impact on the local income, employment and tax revenue. All municipalities
should therefore seek to attract investment and economic development into their
jurisdictions. Local economic development remains one of any municipality's focus areas.
Municipal objectives cannot be achieved without the necessary economic resources to
provide the fiscal base in order to meet community needs and expectations. Therefore,
the economic environment has considerable implications for municipal management.
Resources – particularly financial – are often scarce. However, municipalities need to
distribute available resources equitably between competing needs. The lack of financial
resources remains the single most deterring factor to service delivery.
Political elements
Politics can be defined as the art and science of government, involving all the activities
and processes that take place in pursuit of that authority or power to govern a given
people or society (Hartslief 2008: 23). Politics and local government are intertwined, as
politics play a crucial role in local/municipal government. Craythorne (1997:14) agrees and
writes, “...to talk about municipal as being outside politics or as being non-political is
nonsensical”.
The political component of the environment refers to the way in which a society is
governed. Aspects that are important to note when analysing the political environment
include political ideas, philosophies and the ideology of the time and of the current
government. According to Fox, Schwella et al. (1991:19), political ideas, philosophy and
30
political ideology in particular form the basis of the political environment. This simply
means that the kind of political system that is established has a major influence on all
governance-related activities. In this instance, the financial policies of the government
largely have an influence on how local authorities will go about financing their
programmes. This view is also supported by Reddy (1996:193), who indicates that central
government’s policies have an impact on regional and local governments. The Apartheid
system of government is one of the many examples that can be pointed out, whereby the
Nationalist Government’s policy on infrastructure was based on separate development.
Political parties undoubtedly influence the local political environment; as do civic groups,
national power structures and institutions. Examples of national political structures include
political parties, Parliament, municipalities, interest groups that influence policy and law
making. International institutions, such as the United Nations (UN) and the African Union
(AU), cut across borders and influence member countries (Schwella et al.1996:11).
Economic sanctions or trade restrictions imposed by the UN will undoubtedly influence the
economic development of the country on which those sanctions are imposed.
Local party politics have the most direct influence on the functioning of a municipality. A
seat on the municipal council depends on a party’s performance during municipal
elections. A homogeneous municipal council (a council that consists of members of the
same party) will most likely be more efficient in decision-making, compared to a
heterogeneous municipal council (made up of people with divergent views on policy and
ideology), as all these different views will have to be considered. However, different
approaches to a problem – in the case of a heterogeneous municipal council – might lead
to better decision-making because of diverse viewpoints. The competition of different
parties vying for power naturally brings in checks and balances that would avoid
corruption and abuse of power. Trends in the political component should be taken into
account as these political structures have significant influence on municipal management.
Du Toit and Van der Waldt (1999:124), describe political elements as environmental
elements that are created and manipulated by the viewpoints about certain issues and
activities of different social groups, such as religious organisations or political parties. A
major role-player in the prevalence of this sub-environment is the government-of-the-day.
The government determines the political element, which it can also manipulate and mould
in the form it prefers.
31
From the above statement it could be deduced that politics is about power aimed at the
composition of a government. Du Toit and Van der Waldt (1999:124) argue that this
struggle for power focuses on the allocation of positions of authority within social groups in
society. They further mention that the ruling political party can enforce certain values, such
as religion, while various other groups may represent other interests; hence the power
struggle.
Statutory elements
These environmental elements can be described as the “legal provisions in terms of which
a society’s activities are directed and which can influence the lives of individuals in
society” (Du Toit and Van der Waldt 1999:125). Laws and regulations demarcate the
boundaries of the statutory element in which government functions and people live. They
serve as guidelines in terms of which government must function and people must regulate
their lives – what is allowed and what is not. Contravening laws and regulations make a
government and individuals accountable. If a government institution under-spends on its
allocated budget, it has to explain why. Likewise, if an individual is driving at 180
kilometres per hour in an area with a 100 kilometres per hour speed limit, he/she could be
punished with a fine.
As indicated in an earlier paragraph, the Constitution of the Republic of South Africa,
1996, identifies Local Government as one of the spheres of Government. Chapter 7 of the
Constitution of 1996 sets out a foundation and framework of local government with regard
to the status, objectives and developmental duties of municipalities, as well as
municipalities in co-operative government, establishment of municipalities, powers and
functions of municipalities, composition and electing municipal councils, membership of
municipal councils, terms of municipal councils, as well as the publication of municipal by-
laws and organised local government. South Africa is a democratic sovereign State that
recognises the supremacy of the Constitution of 1996. Therefore, the provisions of the
Constitution should be upheld. Apart from the constitutional framework, there are also
other White Papers and Acts of
32
Parliament, which are pertinent to municipal management, such as:
Local Government: Municipal Systems Act of 2000 (Act 32 of 2000) (hereafter the
Municipal Systems Act of 2000;
Local Government: Municipal Structures Act of 1998 (Act 117 of 1998) (hereafter
the Municipal Structures Act of 1998);
Local Government: Municipal Demarcation Act of 1998 (Act 27 of 1998) (hereafter
the Municipal Demarcation Act of 1998);
White Paper on Local Government Service Partnerships of 2000 (No. 21126 of
2000)
The Promotion of Administrative Justice Act of 2000 (Act 3 of 2000) (hereafter the
Promotion of Administrative Justice Act of 2000)
The Promotion of Access to Information Act of 2000 (Act 2 of 2000) (hereafter the
Promotion of Access to Information Act of 2000)
The Remuneration of Public Office-Bearers Act of 1998 (Act 20 of 1998)
White Paper on Local Government, 1998
Municipal Financial Management Bill, 1998
Municipal Financial Management Act of 2003 (Act 56 of 2003) (hereafter the
Municipal Financial Management Act of 2003)
The above Acts and White Papers serve as frameworks and policies that govern the
various aspects of a municipality (the legislation will be dealt with in more detail in a
following chapter). For example, the Municipal Demarcation Act of 1998 will govern all
issues regarding jurisdictions or boundaries between municipalities.
In order for a municipality to meet its obligations, it employs people who are undoubtedly a
critical resource in any institution. Various pieces of legislation have been developed
recently that have an impact on Human Resources Management (HRM) in the local
government sphere. These include:
The Labour Relations Act of 1995 (Act 66 of 1995) (hereafter the Labour Relations
Act of 1995)
The Basic Conditions of Employment Act of 1997 (Act 75 of 1997) (hereafter the
Basic Conditions of Employment Act of 1997)
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The Employment Equity Act of 1998 (Act 55 of 1998) (hereafter the Employment
Equity Act of 1998)
The Skills Development Act of 1998 (Act 97 of 1998) (hereafter the Skills
Development Act of 1998)
The Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 (Act
4 of 2000) (hereafter the Promotion of Equality and Prevention of Unfair
Discrimination Act of 2000).
As employers, municipalities have to act within the confines of the law with regards to all
Human Resource (HR) aspects.
Technological elements
Technology can be defined as the information, equipment, techniques and processes that
are required to transform inputs, such as finance and human effort in the context of a
municipality, into outputs such as service delivery, which would include the provision of
water and electricity services (Robbins 1990:176). The technological environment is made
up of variables, which include advances in products, processes and materials. Major
developments have been taking place in the information and communication technology
(lCT) sector. Undoubtedly, these developments are changing the way business is done;
governments (and local government) govern; and how societies live. Keeping up with
technological advancements has become critical for businesses and government to
survive in the current information economy, as well as to deliver services faster (Steiner
and Steiner 2000:28).
Technological inventions, such as the computer, the internet and the World Wide Web
(WWW) have indeed revolutionised business processes. Traditional rules of
communication, such as being in the same time zone and place in order to communicate
and share information, are no longer necessary. It is now possible to communicate with
people across the globe using the connectivity of the internet and other earlier inventions,
such as fax and telephone. The breakthroughs in information and telecommunication
technology are stepping up the pace of change and are affecting all aspects of life. No
sphere of society is immune and no compromises are sustainable. Municipalities will thus
have to conform and make use of the technologies, as society will expect and demand
them to do so. A case in point is with electronic payments, which are widespread in the
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private sector. As people become used to fast and efficient services they will also expect
the same quality services for payments (such as rates payments) from government and
municipalities. New technology can transform service delivery and improve the
management of municipalities. This, in turn, enhances service delivery by making
operations more efficient, as reflected in the above-mentioned example.
Governments all over the world have followed developments in the private sector and
established websites that enable citizens to have access to government information.
South African Government’s website is www.gov.za. This website serves as an
information portal that disseminates any kind of government related information from the
national, provincial and local spheres of Government. It also contains links to other
government and related websites (South African Government Online 2003). Many
municipalities have also established websites that enable information dissemination with
their client base. The concept of e-government, and Electronic Service Delivery (ESD) and
the opportunities presented by the internet will be described in a later section of this
chapter.
Public managers in the local sphere of Government should monitor technological
developments and assess their possible impacts on processes of local government –
particularly in the context of how they can harness and benefit from technological
developments.
2.2.2 The impact of external environmental issues affecting service delivery
The broadest possible perspective on external environmental matters must start with
exploring global relationships. This will help shed more light on the issues that affect
service delivery to ultimately ensure sustainable local service delivery. The developmental
divide starts with the distinction between developed states and developing or less-
developed countries. Developed countries include Western industrial democracies and
Japan that have relatively free-enterprise-based economies (Cloete in Cloete and Wissink
2000:78); while developing or less-developed countries include African, Latin American
and Asian nations. Estimates show that, although the less-developed countries comprise
75% of the world’s population, they produce only about 20% of the world’s wealth (Barke
and O'Hare in Cloete and Wissink 2000:79). Competing explanations for the
developmental divide include the following aspects. Firstly, modernisation theories
35
primarily blame systematic social, political, and cultural factors; economic development
theories blame ineffective governance and economic planning systems in less-developed
countries. Secondly, Marxist underdevelopment and dependency theories blame capitalist
colonial masters’ economic exploitation of former colonies, while political and
administrative governance theories blame bad government practices (Cloete in Cloete and
Wissink 2000:79). These issues are further explored in the subsections below.
2.2.2.1 First World reality
Cloete (Cloete and Wissink 2000:81-83) identifies three policy-related developmental
variables that differentiate developed countries from less-developed or developing
countries. These include socio-cultural, socio-political and socio-economic variables.
Socio-cultural characteristics of developed countries include a highly literate, educated,
older, more individualistic, mature and experienced population with advanced knowledge,
experience, technology and resource endowments, greater equality (gender, racial, ethnic,
and religious), low or sometimes negative population growth, as well as well-developed
infrastructure and facilities.
Socio-political characteristics include a stable, democratic political system with well-
organised, well-mobilised interest groups that pressurise the governments to make
beneficial policy decisions. “Relatively stable public policies have developed over time
which cause only incremental policy changes within a regime and do not necessitate
dramatic policy changes, unless they are the result of changes to the democratic
regime...Stable and relatively effective service delivery systems have developed over
time, supported by relatively good and effective infrastructures, technology and
information systems to determine needs, policy design remedies, implement them,
monitor impacts and revise inappropriate policies” (Cloete in Cloete and Wissink 2000:81-
83).
Socio-economic characteristics include a higher income per capita and a reduced level of
dependency on foreign donors; higher levels of employment and economic development;
a smaller gap between rich and poor; more equitably distributed resources; more
developed economies based on secondary production (manufacturing and service
activities); a decline in agricultural, raw material and mineral production as a percentage of
the Gross Domestic Product (GDP); a well-developed infrastructure network in both urban
36
and rural areas; and an individual freehold property rights tenure system that stimulates
economic development initiatives (Cloete in Cloete and Wissink 2000:81-83).
The developmental divide between the developed and developing countries is increasing
day by day. Issues range from the above-mentioned aspects, to the digital divide, and also
to public management initiatives and advances. Pollitt and Bouckaert (2000:6) viewed the
reforms in developed countries as “means to multiple ends”. This includes savings
(economies) in public expenditure, improving the quality of public services, making
government operations more efficient and increasing the chances that the policies that are
chosen and implemented will be effective. While achieving these objectives the public
management reforms also serve intermediate ends. This includes “...strengthening the
control of politicians over the bureaucracy, freeing public officials from bureaucratic
constraints which inhibit opportunities to procedures, manage and enhance the
government's accountability to the legislature and the citizenry for its policies and
programmes” (Pollitt and Bouckaert 2000:6).
The public management reform benefits include increased symbolic legitimacy. Through
the use of New Public Management (NPA) applications, such as Organisational
Reengineering (OR) and Total Quality Management (TQM), processes and systems have
improved, and legitimacy has increased. Organisational reengineering involves
organising, assessing, reviewing, evaluating, improving and breaking away from outdated
processes, policies, technologies, principles and structures that impede better
performance and organisational operation. “Organisational transformation and process
reengineering effort can be seen as the continuous rethinking, assessment, evaluation,
redesign and improvement of structures, work processes, elements, procedures,
technologies, management systems, right-sizing and core competencies to achieve
competitive performance” (Edosomwan in Fitzgerald, McLennan and Munslow 1997:18).
Organisational restructuring in developed countries has evolved around issues of “public
choice theory, professional management and democratic administration” (Fitzgerald,
McLennan and Munslow 1997:18).
Most of the developing countries have however not been able to harness and implement
the public management reforms due to the constraints below.
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2.2.2.2 The developing country reality
Public services are allocated to specific public policy initiatives. One of the major
constraints to effective, efficient and economic public service delivery in less-developed
countries lies in the public policy process. Cloete’s (Cloete and Wissink 2000:83-91) three
variables discussed in the previous subsection, namely socio-cultural, socio-political and
socio-economic variables, are negatively reflected in less-developed countries’ policy
processes.
Socio-cultural variables in less-developed countries include: “Large numbers of illiterate,
poorly educated people,” the majority of whom are young and immature and have
primitive means of transport (Cloete in Cloete and Wissink 2000:83). Furthermore, citizens
“manifest low levels of self-esteem and a lack of self-confidence in their knowledge,
experience, technology and resources, compared with members of more developed
societies” (Todaro quoted in Cloete and Wissink 2000:83-91). Citizens have a short life
expectancy, with a high infant mortality rate and poor health services that are barely
coping with high population rates. “Large numbers of people still live in primitive conditions
in rural areas, where they eke out an existence, barely surviving from day to day” (Cloete
in Cloete and Wiissink 2000:83). A lack of proper communication infrastructure and
services isolate large areas of the country and render them inaccessible. In extreme
cases, “governments cannot provide for even the most basic needs of their citizens”
(Cloete in Cloete and Wissink 2000:83).
Socio-political variables include:
Compared to developed countries, developing governments face enormous
demands and a much larger gap between expectation and fulfillment. This is due to
an overload of many pressing issues; hard-to-analyse interdependencies between
different decision agenda items; harsh domestic political constraints and overriding
economic scarcities and a lack of reliable ideas and theories to serve as
compasses to steer momentous choices (Dror quoted in Cloete and Wissink
2000:84).
A suppressed civil society where demands are assessed without considering
competing interest groups’ needs.
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A lack of infrastructure, expertise, trained manpower and other development-based
resources constrains the policy process.
Chronic political instability, with a tendency towards bureaucratic-authoritarian rule,
is causing “politics of survival” (Saassa quoted in Cloete and Wissink 2000:84).
Sudden policy announcements without consultation with interest group citizens.
“Authoritarian repression by a few elites who monopolise power for their own
benefit” (CIoete in Cloete and Wissink 2000:84).
Where followed, participatory policy planning has vague action guidelines that are
often not adhered to after policy plans are announced.
Lack of sufficient information deters policy planning, evaluation and decision-
making.
Complex macro-policy changes that are associated with regime changes – rather
than being ongoing and incremental policy improvements – are aimed at depriving
powerful interest groups of their privileges. Since these require changes in attitudes
and behaviour, interest groups resist these improvements and they cannot be
implemented effectively.
Policies fail repeatedly due to a lack of implementation capacity, which can be
“...attributed to poor design, a lack of various resources (expertise, a trained labour
force, basic infrastructure, finances), target group and other political opposition and
a weak or corrupt bureaucracy” (Cloete in Cloete and Wissink 2000:84).
“Lack of reliable baseline and other data hinders accurate feasibility studies,
ongoing monitoring of progress and evaluation of impact of policies on target
groups concerned” (Sloan, quoted in Cloete and Wissink 2000:85).
Low technological development levels hinder the assessment of policy success
rates.
Socio-economic variables include:
Low per capita income economies that are based on subsistence agriculture,
mineral extraction and production industries. According to Barke and O'Hare
(quoted in Cloete and Wissink 2000:85), this is strengthened by low productivity
and primitive technology.
A too large gap between the poor and the rich, inequity in resource distribution, as
well as high poverty levels, unemployment and family dependency burdens.
39
According to Todaro (quoted in Cloete and Wissink 2000:85), high international
debt reduces governments’ autonomous decision-making. This subjects them to
interference and prescriptions from international aid agencies.
Barke and O'Hare (quoted in Cloete and Wissink 2000:85), identify collective and/or
feudal land tenure systems that obstruct economic growth and development.
Most of post-colonial Africa has been plagued by massive policy implementation failures
due to a lack of viable governance institutions, management and planning skills, and
understanding of the interconnectedness between patterns of good governance and
development. Furthermore, an elitist, centralised public service with little concern for
ethics is relied on to implement policy. These developments are coupled with huge
demands for quick service delivery that do not correspond with the available resources.
For this reason, most African states have failed to implement policies successfully.
Horowitz (quoted in Fitzgerald, McLennan and Munslow 1997:63), claims that, “Third
World policy is flawed and therefore destructive because it is based on an authoritarian
political culture and an insecurity which defies the cult of personality of many African state
leaders. In this authoritarian environment, decisions are made on the basis of emotion and
without information analysis”.
South Africa suffers from the above symptoms in varying degrees. However, the negative
impact is counteracted by the presence of a strong First World component in the local
economy. The negative attributes nevertheless highlight a need for “centrally directed
societal transformations, or top-down reforms, deliberately countered by explicit
decentralisation policies” (Saassa in Cloete and Wissink 2000:84). According to Cloete in
(Cloete and Wissink 2000:84-86), South Africa’s Third World-associated problems have
been aggravated by international sanctions and exclusion due to Apartheid, boycotts and
disinvestments. Although these interventions intended to instil political pressure, it
obstructed the Government's capacity to improve lower class communities’ quality of life
due to a lack of sufficient economic growth and available capital to achieve these
objectives.
South Africa’s post-Apartheid Government needs to formulate service delivery policies,
bearing in mind the above policy process constraints. In addition, South Africa has other
constraints that impede efficient service delivery, as explored in the following subsection.
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2.2.2.3 The impact of globalisation and international capital flow
Globalisation, the concept of free movement of theories, financial capital, labour,
technology, culture, resources and entrepreneurship across national boundaries, has
strengthened the global markets, while diminishing national governments’ power.
According to Fitzgerald, McLennan and Munslow (1997:15), the impact of globalisation
serves to “...narrow the terrain of realistic economic debate”. Significant economic debate
within nations has been reduced with the inevitable adoption of a “global economic
orthodoxy”. This international financial discourse is characterized by fiscal restraint,
privatisation and a diminishing role for the state to ensure both growth and development.
Global economies are linked and they all depend on international capital investments for
development.
Strauss Matthys, an ABSA economist, has given the following reasons for international
capital flight from South Africa: “The South African economy is in a poor state because the
sentiment around South Africa is so negative due to high crime levels, labour matters,
looming socio-political factors such as land grabbing, the AIDS controversy and the
Zimbabwe land reform crisis. International investment decisions are based on
perceptions” (Daily Dispatch 4 October 2000:6). According to Matthys (Daily Dispatch 4
October 2000:6), the following factors also play a role in the international capital flight from
South Africa. These include:
New foreign exchange restrictions regarding the capability and ease with which
work permit holders can remit foreign exchange and/or repatriate profits for
investment or/and appropriation to international destinations.
Massive, frequent, and sometimes unnecessary policy changes in most sectors
and in some instances policy reversals, which spell insecurity in the economy.
Capital Gains Tax has been introduced at a time when the country badly needs to
attract foreign direct investment.
2.2.2.4 The impact of HIV/AIDS
An actuarial research released by the Bureau for Economic Research in 2002 projects
that AIDS-related deaths will shrink the economically active labour force by 21% by 2015.
This will have a major impact on consumers’ spending power and credit retailing. Major
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social AIDS-related problems include an increase in AIDS orphans, a high level of
employee absenteeism due to taking care of sick relatives and more funerals (Times
Media 30 June 2002: 8). It is hoped that the provision of Anti-retroviral drugs to all HIV
positive citizens will increase their life expectancy and economic life and thus reduce the
effects of this illness. The provision of anti-retroviral drugs has been delayed by
Government’s unwillingness to provide them because of the controversy projected by the
former presidency and executive in South Africa.
2.2.3 Internal environment
Government institutions’ internal environment is shaped by the application of legislation,
regulations, codes and rules. Factors such as the personal views of the political head of a
government department, the council of a local government and the temperament of a
manager or management style also contribute to an institution’s internal environment.
Various obstacles that are typical of government institutions’ internal environments often
delay and obstruct the work of public institutions. These include ambiguous regulations
and rules, or deficiencies within the institution. It could also be deficiencies at other
institutions that deliver supportive functions to an institution. It is found that the following
obstacles often inhibit courts of law in executing their tasks:
Witnesses do not turn up for court cases.
Attorneys do not turn up for court cases.
Organisational inability of supervisors.
Lack of proper co-ordination (Du Toit and van der Waldt 1999:139).
Irrespective of the size of an institution, “… the internal environment is just as real to a
government department in its entirety as to a small rural district office of a government
department or division of a local government”. The national policy regarding the
administration and management of water applies just as much to the Department of Water
Affairs and Forestry, as to small rural offices of the department in state forests and
municipalities. The national water policy sets the internal boundaries within which
government institutions must operate. This could enhance or inhibit the progress of
institutions to deliver services.
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For the purpose of this dissertation the internal environment will be divided into a formal
and informal milieu.
2.2.3.1 Formal internal environment
According to Du Toit and Van der Waldt (1999:139), governments and their officials create
the formal internal environment. Two examples that substantiate the statement are the
implementation of the White Paper on Transforming Public Service Delivery (Batho Pele)
of 1997 and the Labour Relations Act of 1995. Although the White Paper on Transforming
Public Service Delivery (Batho Pele) aims to improve service delivery, public servants
regard its implementation as an extra burden because it makes them liable for the delivery
of quality services. For them, Batho Pele just contributes negatively to the formal internal
environment experiences.
The role of the Labour Relations Act of 1995 plays a significant role in cultivating a formal
internal working environment. The Act allows employees to strike under certain conditions.
Furthermore, it creates the possibility of animosity between employers and employees, as
well as between service providers and customers. Such animosity will hamper service
delivery.
According to Du Toit and van der Waldt (1999:140), there are numerous phenomena
within the formal internal environment that, to a lesser or greater extent, influence public
administration and management, as well as service delivery. These phenomena include
the following:
Form of government Bureaucracy
Functional field Procedural rules
Communication Organisational structure
Workplace Batho Pele principles
Centralisation/decentralisation Intergovernmental relations
It is not the intention to discuss all of the phenomena listed above. For this reason, only
bureaucracy, communication, the workplace environment and the issue of centralisation
versus decentralisation will be analysed in order to determine how they could influence the
internal environment of service delivery.
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Bureaucracy
A bureaucracy can be described as a system in which labour (functions or tasks) is
divided into units or sections to carry out the work allocated to it. To deliver services, a
bureaucracy (an organised structure with clear lines of authority and communication) is a
requirement. For example, health services would not have been delivered without
departments for health, public hospitals and provincial ambulance services. If there were
no municipalities, services such as water, electricity and transport would not have been
delivered.
Communication Communication and communication lines form part of a formal internal environment and
influence service delivery. Poor communication affects service delivery. For example,
when instructions are transmitted in a way that the recipient does not receive the directive
as what was originally transmitted and originally intended, it could result in failure. For
example, the inhabitants of suburb A have not paid their electricity bills for six months and
a municipal official instructs the engineering department to disconnect the electricity
supply. However, the official neglects to specify the supply to suburb A, and subsequently
the entire town’s electricity could be disconnected. This implies that citizens who have
paid their bills are not receiving the service they are entitled to.
Workplace environment
A municipal employee’s workplace could be an office, a building site or somewhere in the
field. A poorly ventilated, dirty office that is too small to accommodate all the workers
comfortably will hamper service delivery. A poorly ventilated office could lead to
drowsiness and an inability to deliver services. Officers working in the field could be
exposed to excessive sunlight, cold and wet conditions that could cause them to get sick
and affect their ability to function properly. This, in turn, could result in sub-standard
services.
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Centralisation/decentralisation To Fox and Meyer (1995:19), centralisation is “the concentration of power and authority
within a centralised unit (national government), central organisation (a government
department) or single person (municipal manager of a municipality)”.
Centralisation of power and authority can influence an office or institution’s informal
internal environment. Over-centralisation often leads to a delay in taking action to deal
with difficulties and deliver problem-related services. For example, municipal officials in
decentralised offices could become dispirited due to delays. Notably, this situation could
influence the internal environment negatively.
Decentralisation is the opposite of centralisation. In a public institutional context, Fox and
Meyer (1995:33) describe it as the “dissemination of functions and authority from national
government to sub national or sub organisational units”. Decentralisation of power,
authority and functions contributes to decentralised units’ informal internal environment.
Such units will feel that head offices have confidence in them and that contributes to a
positive internal environment.
Intergovernmental relations According to the Constitution of 1996, Local Government is regarded as a third sphere of
Government, which plays a key role in providing basic services to the community. It is
therefore very important for the relationship to be well-defined and guidelines to be
followed. Local Government is responsible for providing essential services including those
that fall within the domains of National or Provincial Government. The provision of water
services now falls within Local Government’s domain. However, the Department of Water
Affairs is also involved and it is therefore crucial for the relationship to be well-defined in
order to avoid conflict.
2.2.3.2 Informal internal environment
It could be claimed that governments contribute to the origins of an informal internal
environment (Du Toit and Van der Waldt 1999:147). Du Toit and Van der Waldt
(1999:147) ascribe this to a spontaneous response to stimuli and restrictions from the
45
formal internal environment that culminates into an internal atmosphere and culture.
According to Du Toit and Van der Waldt (1999:149-150), there are various other factors
that also contribute to the origin and sustainability of an informal internal environment.
Some of these factors are value systems, the will of individuals or groups, attitudes,
political views and interpersonal relations.
Attitudes among individuals with different value systems and political views can have a
very negative influence on the informal internal environment. As a matter of fact, it will also
influence the formal internal environment of an institution negatively. Bad attitudes within
institutions will lead to poor quality services.
2.2.4 The impact of the relationship between external and internal environmental issues on service delivery
Section 2.2.2 provided a macro perspective on external environmental issues that affects
service delivery. In this section, the focus is shifted to the relationship between external
and internal environmental issues that may influence service delivery.
2.2.4.1 Economic policy and intergovernmental relations in South Africa In South Africa, public sector reforms towards gaining competitiveness amongst
governments worldwide are also required to drive the public sector towards a greater
service orientation. This has been acknowledged and articulated in various public sector
policies. The White Paper on Transforming Public Service Delivery (Batho Pele) of 1997 is
a case in point (Department of Public Service and Administration (DPSA) 1997) (also see
section 2.6). This policy is intended to instil a particular service ethos in all spheres of
Government. However, in practice, the public experience very little of this new ethos.
Developing a particular service ethos is, however, meaningless without adequate
resources to deliver services. While Government faces huge expectations and demands
from the massive poor electorate, it also faces resource constraints and the need to avoid
falling into debt to meet these demands.
As part of the 1994 election manifesto for the ANC, The Reconstruction and Development
Programme (RDP) White Paper of 1994, relied on six basic principles. These included “a
people-driven process that aims to provide peace and security for all, build the nation, link
46
reconstruction and development and deepen democracy. Five key themes emanating
from the principles included meeting basic needs; developing human resources; building
the economy; democratising the state and society; and implementing legislation, policies
and programmes” (Fitzgerald, McLennan and Munslow 1997:42). The RDP was
concerned with growth and development, as pre-conditions for reconstruction and
redistribution. The National Institute for Economic Policy (NIEP), an African National
Congress (ANC)-aligned think tank that received submissions from The Congress of
South African Trade Unions (COSATU), The National Education Co-ordination Committee
(NECC), as well as the South African Communist Party (SACP), called for a “demand-led
rather than supply-side economic policy” (Fitzgerald, McLennan and Munslow 1997:45).
The RDP was created in the presence of weak institutional mechanisms that did not
support effective implementation. This was coupled with wrong timing (it was introduced at
a time when the new government was still strengthening its hold on power), and was
reduced to a policy on paper. According to Fitzgerald, McLennan and Munslow (1997:15-
16), the RDP lacked strategic planning and management. Setting up an RDP office,
funding and including a group of presidential-led projects was an insufficient mechanism
to engineer sustainable institutional change. COSATU and SACP also complained that the
RDP policy was produced without a proper consultation process being put in place
(Business Day quoted in Fitzgerald, McLennan and Munslow 1997: 45).
In addition, after two years of few visible RDP results, the Growth, Employment and
Redistribution (GEAR) macro-economic strategy was introduced. Although it was not
supposed to replace the RDP, its impact was experienced as a serious contradiction to
the RDP. It was reflecting a global economic paradigm, with primary themes that included
fiscal and monetary discipline; increasing public and private investments; pursuing a
stable exchange rate; reducing tariffs; and encouraging a strategy of export-led growth.
GEAR’s embodying principles include “a competitive, fast growing economy for creating
jobs, the redistribution of income and opportunities favouring the poor, health, education
and other services being available to all and an environment in which homes are secure
and the workplace productive” (Fitzgerald, McLennan and Munslow 1997: 49).
GEAR was seen as reflective of the ideological and economic contradictions within the
governing tripartite alliance. Notably, a fast-growing economy is not necessary compatible
with job-creation. Furthermore, it is even less conducive to the redistributing of income in
favour of the poor, while the huge expenditure that is required to ensure sound and
47
equitably distributed health, education and other services cannot be met. GEAR attempts
to create a facilitating environment for international competitiveness. Major environmental
transformations include a competitive platform for expanding the trade-able goods sector;
a stable environment to encourage private investment; a restructured public sector to
improve capital expenditure and service delivery; new sectoral and regional emphasis on
industrial and infra-structural development; improving labour market flexibility; and
enhancing human resource development (Fitzgerald, McLennan and Munslow 1997: 50).
According to Picard and Garrity (quoted in Fitzgerald, McLennan and Munslow 1997:64),
South Africa faces the challenge of contextualising development strategies such as GEAR
within a governance framework, rationalising the public sector and building capacity for
sustainable delivery before embarking on any social transformation and economic
redistribution processes. The institutional arrangements in the country have to be
strengthened to support service delivery.
Deficiencies in intergovernmental relations underlie the apparent lack of a unified public
sector with a strong service ethos. Intergovernmental relations need to be aimed at
creating a ‘seamless’ public service – services must be co-ordinated and properly
integrated. In this regard, the 1998 Presidential Review Report found serious
shortcomings in intergovernmental relations and co-ordination (Presidential Review
Commission quoted in The Centre for Development and Enterprise 1999:67). These
deficiencies prevent good governance, which implies that appropriate developmental
policies should be achieved by targeting sustainable development.
This, in turn, involves co-ordinating and integrating all available resources in all sectors –
private, public, voluntary, international and domestic – towards delivery objectives. The
1998 Presidential Review Report states that, “functionally, there exists what many have
described as a vacuum at the centre of government...” (Presidential Review Commission
quoted in The Centre for Development and Enterprise 1999: 67). This vacuum also
extends to the lack of co-ordination between the executive and the departments, and
among departments and spheres of Government.
Government’s delivery of public services is in effect a distribution of socio-economic
benefits to entitled citizens. Effective public service delivery rests on the availability of
resources (financial, economic and human resources); a viable policy to distribute the
48
public services; an inter-departmentally co-ordinated and integrated effort; and delivery
spheres that work with citizens (as resource providers through taxation and as consumers
of these public services) to support the delivery endeavours. Improving public service
delivery is not only beneficial to citizens who make use of the services, but is “essential for
future economic prosperity and social development of the country as set out in the
Government's GEAR strategy” (Department of Public Service and Administration (DPSA)
1997:15).
However, the post-Apartheid South African Government has inherited fragmented,
duplicated and poorly co-ordinated structures that were plagued with strong racial and
ethnic divisions. “There existed corruption, and mismanagement of resources. Problems
include poor and outdated management unresponsive to citizens’ needs, a regulatory
bureaucratic culture lacking accountability and transparency, poorly trained staff, and a
de-skilled job hierarchy” (Fitzgerald, McLennan and Munslow 1997:17). Other features
included, “rigid racial and ethnic segregation; fragmentation, duplication and waste; poor
and out dated management practices; a regulatory bureaucratic culture, poorly paid and
de-motivated staff; and conflictual labour practices” (The Presidential Review Commission
quoted in The Centre for Development and Enterprise 1999:65).
Currently, there is perceived to be an imminent lack of management and financial control
that could over time transmit into an irreversible, total collapse of service delivery
structures and mechanisms, as has transpired in the rest of Africa. The South African
Government needs to take urgent steps to redress these imminent threats. However, the
need for crisis intervention to help address massive demands is also impeding service
delivery reforms, as the then Minister of Public Service and Administration, Geraldine
Moleketi commented: “The sheer scope and immediacy of these needs for people is
overwhelming, particularly if visualised against the resource pool in the country to meet
these needs” (Public Service Review Report 1999/2000: 2).
2.2.4.2 Government’s ideological contradictions
Real or perceived contradictions between Government’s social and economic policies
have resulted in an increased divergence in the worldview between the ANC, its alliance
members and political allies. The lack of a consensus on policy objectives within the
49
alliance could damage the policy process permanently. This would eventually lead to a
permanent lack of structures and processes to deliver public services.
According to Munslow in (Fitzgerald, McLennan and Munslow 1997:10), a developmental
state should “provide a coherent set of policies and major infrastructures, and must
facilitate an environment conducive to the implementation of development-friendly
policies, that is, by encouraging private-sector and non-governmental organisation (NGO)
initiatives and where necessary fostering partnerships between the state, private sector
and NGOs”.
Good governance requires good citizenship (Cloete 1999:12). A strong civil society to
check and guide leadership is the ultimate guide to democratic, sound leadership. In
accordance with good civil society requirements, the majority of South Africa’s civil society
is still weak and illiterate and is unable to check and guide the leadership.
Lack of a common vision
A common shared vision that encompasses leadership, institutional structures and
citizens is an essential element in a development strategy and sustainable governance.
However, this is lacking in South Africa. A notable example is the fiscal restrictions
imposed by the National Treasury, while other departments spend without due regard to
these controls. In the Sunday Times (27 August 2000:1), it was revealed that the Province
of Mpumalanga is cash-strapped and on the verge of bankruptcy, although expenditure
included biscuits for officials.
The eroded capacity for governance hampers Government’s capacity to deliver public
services effectively. “Good governance assumes that public service delivery is the
implementation of public policies aimed at providing concrete services to the citizens”
(Cloete 1999:12).
“The Office of the President should be the core and apex of the whole system of
governance in South Africa. But it is not providing the necessary support required for the
head of state or for the effective running of government as a whole” (Presidential Review
Commission in The Centre for Development and Enterprise 1999:67). The Office of the
50
President has not acted on crucial policy issues in a timeous fashion and in some cases it
has even impeded sound policy development, such as with HIV/AIDS.
Policy process constraints
The legislature is supposed to play a prominent role in policy making by exercising
accountability over the executive. However, it does not fulfill this responsibility, as a large
proportion of the legislature is unable or unwilling to distinguish between party loyalty and
accountability.
A change from a long era of Apartheid to democracy on 27 April 1994, resulted in “a far
reaching policy paradigm shift from pre-World War ll colonial type apartheid policies to the
latest written democratic constitution and Bill of Rights in the world, with totally new
policies supporting this new value system” (Cloete in Cloete and Wissink 1999:92).
Despite this, the government has experienced major policy failures that erode public
service delivery capacity. Alliance members’ resistance to policy has hampered the policy
process. Conflict within the alliance regarding some of the new economic strategies has
eroded the possibility of a consensus on a national plan and vision. Contradictions
between the ANC, SACP and COSATU (The Centre for Development and Enterprise
1999:110-149) further erode a clear national vision. The possibility of reaching a
consensus on a national plan and vision is influenced by:
the tension between the ANC and SACP, with the SACP actively recruiting ANC
members;
interpersonal rivalry for election candidacy and rival support for programmes that
the ANC has not supported;
the SACP and COSATU that meet separately from the ANC and formulate strategy;
both the SACP and COSATU not supporting GEAR;
no joint action programme within the alliance. Thus, Government faces a lack of
direction and it leads to opportunism within the alliance;
no alliance programme on key policy issues;
a lack of direction and conflict of values that have resulted in slow, a or lack of,
public service delivery;
51
the ANC, SACP, and COSATU’s insufficient organisational capacity and an inability
to change from forces of structure and infrastructure destruction to capacity
building.
management and control of government.
a lack of proper co-ordination between alliance structures; and
a lack of coherence and cohesion between the alliance and the ANC with regard to
the policy process, with the SACP and COSATU effectively opposing most policy
on the grounds of a lack of participation (Mokgoro in the Centre for Development
and Enterprise 1999:20).
This leaves open the possibility of policy sabotage within the policy process and policy
making body. Often, well-formulated policies remain unimplemented. More and more
cracks are appearing in the alliance governing South Africa. Disputes relate to the local
government municipal demarcation and the exclusion of chiefs in the process; the
executive view regarding the relationship between AIDS and HIV; and the alleged
corruption in the Government’s arms deal procurement process. “Even reform-minded
leaders cannot translate their goals into reality because the machinery linking policy
statements to action has ceased to function. As a result, a vast gap has opened up
between what the state says it will do and what it does” (World Bank quoted by Cloete
1999: 94).
Since 1994, all departments have been reviewing old policies and formulating new ones.
However the policy makers lacked the necessary skills and experience to make and
analyse policy. In late 1998, Job Mokgoro, the former Director-General of North West
Province stated: “...The gaps between multiple policy reform initiatives introduced since
1994 and implementation of these policies seems due to policy management capacity
shortcomings in government. There is a glaring absence of policy analysis skills as well as
policy analysis practice....policy analysis skills in government should be introduced as a
matter of urgency”. Other worrying policy process characteristics Mokgoro pointed out
include:
“Confusion of policy advocacy with policy analysis...without undertaking detailed
systematic analysis essential for good policy making”.
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“Ignorance concerning the key components of policy analysis”. Policy analysis
involves considering the choices for the best possible course of action before
decision-making and policy analysis culminates into sound judgments about policy
pressure groups.
“A lack of appreciation of a system of government that has been developed over
decades. Many things from the past government have been changed regardless of
whether they are good or bad.
A tendency to govern by legislation rather than sound administration... more than
300 pieces of legislation have been enacted, many of which have yet to be
implemented.
The assumption that good intentions will automatically result in good policies”
(Mokgoro in The Centre for Development and Enterprise 1999:20).
Since the democratic elections, policy making has been over ambitious, weak and
centralised at national level. The current “process of policy formulation and decision-
making by the executive-cabinet and ministers is unsatisfactory” and autocratic (The
Presidential Review Commission in The Centre for Development and Enterprise,
1999:67). The massive need for a speedy transformation has resulted in Government
producing a succession of unimplemented White Papers. Furthermore, there is a
disregard for prioritisation and other key rules of policy making. This further strengthens
the danger of intervening in service delivery without analysing the consequences.
2.3 Democracy as a variable influencing local government
Views about what democracy entails changed significantly over the centuries. Plato (429-
347 B.C. in Levine in Hartslief 2008:51) describes democracy as “a kind of mob rule,
almost anarchy; it is licence, not freedom. It makes for indiscipline, lack of respect for
tradition, and a ‘lawless, party-coloured commonwealth’. It violates the basic principles of
the just State, in which each person and each class has its own special function” (Levine
Undated:51). Aristotle (384-322 B.C.) understands the term democracy as “a perversion”
of timocracy, where all share equally in government because, according to Aristotle,
democracy “means the rule of the many, who are perhaps unfit to rule” (Levine in Hartslief
2008:68).
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Mac Pherson (1981:3) distinguishes between the following types of democracy:
Non-liberal democracy: The Communist variant.
Non-liberal democracy: The Underdeveloped variant.
Liberal-democracy as a system of power.
Views about the meaning of democracy vary and its meaning is also interpreted differently
by different groups and people. To Lenin “socialism and democracy are indivisible”
(Gorbachev 1988:32). According to Lenin, the working masses come to power by gaining
democratic freedom. Gorbachev affirms Lenin’s view by stating that: “More socialism
means more democracy, openness and collectivism in everyday life, more culture and
humanism in production, social and personal relations among people, and more dignity
and self-respect for the individual” (Gorbachev in Hartslief 2008:37).
In the Western world the word democracy is more or less a combination of significant
individual freedom, “with a fair approximation to majority rule” (MacPherson in Hartslief
2008:3). Fox and Meyer (1995:35) describe democracy as “a political system in which
decision-making power is widely shared among members of society”.
This section does not intend to discuss these different views about what the concept of
democracy entails. What is important to realise is that the meaning of the term democracy
has changed more than once and in different directions. It also means different things in
the context of different government systems, such as capitalism and socialism.
2.3.1 The governing function in a democracy
To understand the implications of democracy in the current South African government
paradigm, a brief discussion of this system is required. Democracy refers to majority-rule,
or rule by many. In contrast to rule by one or a clique, a democratic system is ruled by
society. In contemporary society, it implies rule by representatives of the citizens (the
people), or more particularly the electorate. The word ‘democracy’ is of Greek origin and
means demos (people) and kratia (rule or authority) (Hartslief 2008:78). Hence, the term
refers to people’s rule. Due to the large number of people living in contemporary states,
and even in municipalities, it is impossible for everyone to participate directly in ruling
(governing). Therefore, representatives are elected to rule on behalf of a particular
54
society, or community in the case of a municipality. Such elected members act as the
legislature, or the council in the case of a municipality.
The word ‘government’ is also of Greek origin – gubernare means ‘to steer’, particularly
referring to steering a boat. In the current context it implies that a group (Cabinet,
provincial executive council, or municipal council) has to steer the body of officials in a
particular direction (C Hartlief 2008:78). In this regard, it should be emphasised that a
municipal council performs both legislative and executive functions (cf. section 151(2),
Constitution of 1996 and section 4 (1) (b) of the Municipal Systems Act of 2000). This is
achieved inter alia by:
regularly reviewing, prioritising and meeting the community’s needs;
providing the mechanisms required to perform the functions to achieve the stated
objectives; and
ensuring that the activities performed by officials succeed in achieving the stated
objectives (see section 19 of the Municipal Structures Act of 1998).
To govern does not imply that the governing body should become involved in the rowing
of the boat (the executive actions). Instead, it requires providing guidance and setting the
objectives to be achieved, while simultaneously ensuring that the needs are satisfied –
that the council’s objectives are indeed reached in accordance with the requirements of
section 152(1) of the Constitution of 1996.
There are various mechanisms available to obtain and maintain democracy. These will be
discussed in more detail. However, at this stage, it should already be emphasised that it is
often easier to introduce a democratic government than to maintain it. This is primarily due
to the fact that human beings favour the acquisition of authority, but are often reluctant to
relinquish it. Therefore, it is important to ensure that the following two cornerstones of
democracy are honoured (cf. section 159 of the Constitution of 1996):
Regular free and fair elections should be held to afford a community (or society) the
opportunity to express their choice on who should govern them.
There must be accountability. The governing body must be required to give the
electorate reasons for their actions (or inactions) and allow a community to express
an opinion on their governing ability.
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Accountability is such an inherent requirement for maintaining democratic and
accountable government. Thus, particular attention should be devoted to this matter.
2.3.1.1 Misgovernment A variety of public institutions and parastatal bodies give effect to Parliament’s decisions
and, in particular, governmental policies. However, some factors could hamper a
Government’s accountability in a democratic country. The most salient factors are briefly
discussed (Cloete 1996).
2.3.1.2 Ignorance of citizens In democratic states various arrangements have been made to allow citizens to remain in
contact with their representatives (Parliament, the provincial legislative and municipal
councils, the respective political executives and public institutions). However, the success
of these contacts will depend on how citizens make use of the facilities that are available.
In many developing democracies, most citizens are unable to communicate with their
representatives or with the officials responsible for effecting government policy efficiently.
Some members of society are also ignorant of the sources that are available and of their
rights to demand an acceptable level of services (cf. Batho Pele principles). In particular,
the illiterate component of society is often deprived of essential services. Furthermore,
they are unable to determine what services they are entitled to, or the quality of the
services they are entitled to. Section 16 of the Municipal Systems Act of 2000 deals with
this aspect; it requires municipalities to develop a culture of municipal governance that
helps foster community participation. Furthermore, municipalities are required to establish
ward committees to promote participation among those members of a community that do
not directly participate in municipal matters. This includes women, illiterate people, other
disadvantaged groups and the disabled (cf. section 17(3) Municipal Systems Act of 2000).
2.3.1.3 Corruption Corruption refers to any dishonest, bribable, fraudulent or dishonourable action by a
political office-bearer, public official or any other person. As corruption is rife in many
developing democracies it is important to pay specific attention to its various forms.
56
Every state should take steps to curb corruption. This could be achieved through whistle-
blowing, which allows anyone who is aware of corrupt practices to inform a municipal
councillor, the Auditor-General, Public Protector or the police service without fear of
intimidation. The Bill of Rights (section 32 of the Constitution of 1996) makes provision for
access to information that is required to exercise someone’s rights. The Prevention and
Combating of Corrupt Activities Act of 2004 (Act 12 of 2004) contains specific conditions
for combating corruption. Furthermore, section 34 obligates a person who is aware of an
action of corruption to report such knowledge or suspicion to any police official. Specific
prescriptions should also be made to regulate the acceptance of gifts and the receipt of
benefits, such as free holidays or discounted purchases (cf. also section 10 of the above
Act 12 of 2004, as well as section 119 of the Municipal Systems Act of 2000 concerning
offences and penalties for undue influence).
In an era where South Africans and the South African Government strive to democratise
service delivery, democracy means “the greatest possible degree of participation by the
citizens in the government of the country. This participation must be such that it results in
efficient and effective government” (Du Toit and Van der Waldt 1999:58). Notably, public
participation extends to issues such as who should govern (through the voting process);
dictates the policy making process; and protests against what is considered unfair or
unjust decisions or actions by both the State and private organisations.
2.4 The State and Government’s role in service delivery
This section focuses on the State and Government’s roles as variables that influence local
government with regard to its responsibility to deliver services to citizens. It also focuses
on the State’s dealings with its society (communities) and market. The comprehensive
nature of public service delivery could be grasped only with insight on where it originated,
what it entails and how it is brought about. It further requires attention to the following
variables influencing local government:
Governance.
Relationship between state, government, communities and market.
Public administration and management.
Public service delivery.
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The smooth running of a country’s affairs and the strengthening of democracy requires
continuous good relationships between the State, Government, its communities and
market. This section will also address the concept of democracy.
2.4.1 Governance Du Toit, Knipe, Van Niekerk, Van der Waldt and Doyle (2002:64) see the concept of
governance as “the actions undertaken to improve the general welfare of a society by
means of the services delivered”. However, this definition does not define what good
governance entails. The fact that certain actions are taken and services are delivered
does not necessarily mean good governance. The question is therefore, what constitutes
good governance?
2.4.1.1 Good governance The meaning of good governance is not easy to explain. Different people, communities
and societies will probably define it differently. Good governance is in the eye of the
beholder. The inhabitants of Sweden, Belgium and Italy will most probably have different
ideas about what good governance is than the inhabitants of Ivory Coast in West Africa,
Cuba and North Korea. It could therefore be said that the concept of good governance is a
relative concept. As a result, it is important to define good governance in the context of
public service delivery and the State’s role in it.
Within the context of public service delivery and the State’s role in it, Gildenhuys and
Knipe (2000:91) note that good governance is “when government attains its ultimate goal
of creating conditions for a good and satisfactory quality of life for each citizen”. From this
description one could conclude that good governance refers to a government that actively
and purposefully creates “an effective political framework conducive to private economic
action – stable regimes, the rule of law, efficient state administration adapted to the roles
that governments can actually perform, and a strong civil society independent of the state”
(Hirst 2000:14). Hirst’s definition affirms Gildenhuys and Knipe’s definition. In the context
of this chapter, it presents a suitable foundation for examining the State’s role in public
service delivery and its relationships with the community and market.
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2.4.2 Public administration and management capacity
The process of governance enables the execution of public administration and
management; the processes to ensure that law and order is maintained; that society is
protected against crime and aggression from inside and outside the country; and that the
welfare of society is enhanced. The Bill of Rights (chapter 2 of the Constitution)
guarantees, subject to the exception of section 36 (1), human rights such as equality,
dignity, freedom and security of the person, no slavery, freedom of religion, belief, opinion,
expression and association. Section 192 (1) (d) of the Constitution states that services
must be provided impartially, fairly, equitably and without bias, therefore, the State is
constitutionally obliged to deliver these services to its inhabitants. Furthermore, it is bound
to good governance. Thus, it could be said that the Bill of Rights and section 19 (1) (d) of
the Constitution compel the State to ensure good governance.
According to Reddy (1996:198), the lack of black trained personnel who could be
appointed into the structures of local government needs to be given urgent attention.
Reddy goes on to suggest that some training and development programmes should be
established. This argument is currently addressed by the Skills Development Act of 1998,
whereby any employer is expected by law to contribute one per cent of its income to the
fund. In terms of the Act, the employer must develop a skills development plan to access
the percentage that should be granted. It is a fact that the lack of properly trained staff has
a number of implications, such as the poor financial management and human resources
management (HRM).
2.4.3 Relationships between State, communities and the market
Before the relationship between State, communities and the market is discussed, clarity
must first be obtained about what exactly is meant, in the context of this dissertation, by
the concepts of communities and market.
2.4.3.1 Communities
An appropriate description of the term ‘community’ is a “group of people living within a
specific geographical area where their needs are met through interdependent
relationships” (Fox and Meyer 1995:23). The relationships referred to is the communities’
59
relations with the State and market (private sector) on whom they depend for services and
products.
Communities expect the State to deliver a wide spectrum of services to ensure a
satisfactory livelihood, such as safety, water, electricity and protection. To ensure that
communities have a satisfactory quality of life, the State must live and act out the
principles contained in the Bill of Rights; comply with normative principles; and ensure that
public servants serve the public in ways that comply with the principles of Batho Pele.
2.4.3.2 Market
The New Oxford Illustrated Dictionary (1978:1041) defines the concept of market, inter
alia as “a seat of trade”. For the purpose of this dissertation, the term ‘market’ refers to
business; the seat of trade from where the State and society obtain certain products and
services, such as bricks to build with, road construction machinery and food. It is also
possible that the market can undertake certain functions that the State accepted
responsibility for, such as refuse removal or road construction.
The market expects the State to provide services that will create favourable business
conditions. This expectation requires the State to create an environment in which the
market can prosper. An environment in which business can prosper can benefit both the
State and the market. The better the market performs, the more the State will benefit from
higher revenue. The more money the State can generate, the more objectives can be
achieved which contributes toward a better life for all the State’s subjects.
The State regards the market as important because of the role it plays in society, such as
providing products and services to both the State and communities. More recently, the
market’s role in communities increased because it is providing more and more services
and products on behalf of the State, a situation that leads to closer relationships between
the market, State and communities.
With regard to the relationships between the State, community and market, two of the
characteristics of a state are its recognised boundaries and its responsibility to maintain
law and order. This gives a clear indication of the State’s role and relationship with its
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communities and market within its boundaries. Both the State’s inhabitants and market
recognise the State’s boundaries and its responsibilities to maintain law and order.
Maintaining law and order implies that governments also have the responsibility to deliver
services to their communities and the market. If every individual and organisation has to
generate everything by themselves to sustain a livelihood, the result could be chaos and
anarchy because of the scarcity and or proximity of supplies and resources. In
contemporary societies no individual or organisation can provide for all their requirements,
such as water, roads, protection and safety, it needs to sustain livelihood and experience
a good quality of life. To maintain law and order, the State is responsible for regulative
measures and the delivery of certain services. This is indicative of mutually
interdependent relationships between the state, its society (communities) and the market.
Another characteristic of a State is its hierarchy of Government institutions that are
capable of maintaining law and order and rendering of services to the inhabitants. The
hierarchy of Government institutions is responsible for executing multiple functions
(processes) to ensure that inhabitants are protected, to create an environment that is
conducive to service delivery and to deliver these services to society. This is done with the
co-operation of various community and market organisations. Government institutions
need to consult with citizens and the market on issues that affect them in order to gain
clarity on their respective needs. Furthermore, these institutions need clarity on citizens
and the market’s ability and willingness to contribute to the country’s wealth. Ultimately,
this will help government institutions to execute processes and to deliver quality services
that will benefit the country’s inhabitants.
Once a Government knows what issues affect citizens and the market, what their needs
are and the problems they are experiencing, decisions could be made about how to deal
with those issues in a democratic way.
2.5 Public service delivery
An organisational structure that is organised in a specific way to enable it to deliver the
services is necessary to deliver services to society. The Republic of South Africa consists
of nine provinces (section 103 (1) of the Constitution of 1996) and three distinctive
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interdependent and interrelated spheres of Government, the National, Provincial and
Local Government.
The functional areas of concurrent national and provincial competence, such as
agriculture, education and housing, are set out in Schedule 4 of the Constitution. The
National Government delivers services relating to protection, education, health and
defence. The functional areas of exclusive provincial legislative competence are set out in
Schedule 5 of the Constitution. This includes education, health, ambulance services,
social services, provincial cultural matters and abattoirs. Parts B of both Schedules 4 and
5 list matters that municipalities have the authority to legislate, such as the use of water,
refuse removal, supply of electricity, building regulations, fire fighting services, traffic,
parking and municipal abattoirs.
For Government to deliver the services in terms of the constitutional requirements (section
195 (1) (d)), it has to set up the necessary structures. In terms of section 40 (1) of the
Constitution, legislative and executive authorities are divided into National Government,
Provincial Governments (section 103 (1)) and Local Government for the country (section
151 (1)). This is known as the three spheres of Government.
Specific, and in some instances, overlapping legislative authority is allocated to each of
the three spheres. The legislative competence and matters about which the three spheres
of Government have the authority to legislate imply that they have the responsibility to
deliver certain services to the inhabitants of the State. In order to deliver services to
communities and markets, government institutions must have the necessary resources
that they procure from society and market. This includes, for example, money generated
through taxes and equipment. Against this, communities and markets depend on
government institutions for services, such as business licences, electricity, protection and
various other services that they cannot function without. As a result, one depends on the
other. As noted in the previous section, this state of affairs automatically cultivates a
relationship among the three sectors – State, communities and market.
Both the public and the private sectors deliver different types of services. According to Du
Toit and Van der Waldt (1999:8), there are three distinctive categories of service delivery
institutions. They are government institutions, private organisations and non-governmental
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organisations (NGOs). Community-based organisations (CBOs) fall in the same category
as NGOs, as they all deliver services to the people.
The ultimate aim of these institutions differs. In general, government institutions aim to
improve citizens’ general welfare and provide services related to that aim. Private
organisations sell services and products to make a profit on their investments. Basically,
non-governmental and community-based organisations also aim to improve people’s lives,
such as supporting unemployed and poor people by providing food and shelter.
2.5.1 Activities involved in public service delivery
The composite activities that are carried out to provide services to a country’s inhabitants
probably originated centuries ago. According to Du Toit and Van der Waldt (1999:22),
there is ample proof that even B.C., people were prepared to subject themselves to a form
of governance in exchange for a life in an orderly community and safe environment. In
exchange for their submissiveness, they, in turn, expect the governing body to provide
some basic services, such as protection. Hattingh (in Du Toit and Van der Waldt 1999:22)
confirms the statement, by declaring that communities were willing to conclude an
agreement with a governing body to ensure an orderly existence. Originally, the services
were collective and basic, for example defending community members from outside
aggression.
Over time, and due developments and a more sophisticated civilisation, people’s needs
grow and change. Population growth, urban development and development in general
leads to an escalation of needs. This makes it increasingly difficult for people to satisfy all
their own needs – needs they used to fulfil themselves (Du Toit and Van der Waldt
1999:24). To fulfil the growing and changing needs of their citizens, governing institutions
became increasingly more responsible for delivering services. To comply with the trend of
a growing demand for more and better services, these institutions became dependent on
improved public administration and management processes (activities).
The efficient, effective and economically sound provision of services depends on how
successfully government institutions executed their functions. Before a “government
institution physically renders a service to society, a variety of functions are carried out” (Du
Toit and van der Waldt 1999:72). Before there is water in the tap, actions must have been
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taken. This includes planning, preparing a business plan and drawing up a budget or the
laying of pipelines. According to Du Toit and Van der Waldt (1999:73), a service delivered
is the result of the execution of numerous functions.
Staff members from auxiliary units carry out certain functions in order to support staff in
line units. A municipality’s human resource (HR) section must carry out various functions
to get the institution functional before clients can be served. Suitable people such as
clerks, technicians, engineers and managers have to be appointed. This, in turn, also
requires the execution of a range of functions, such as recruiting and selecting suitable
staff. By providing the different categories of staff, the auxiliary (supporting) units, such as
the HR division, provides services to the line functionaries, such as engineers and clerks.
2.5.2 Alternative service delivery mechanisms
This section focuses on some alternative mechanisms that could help improve service
delivery in the public sector.
“The traditional way of providing public services to the community is for government to
create line-function government departments or institutions for delivering such services,
which are under the control of the executive and the legislature” (Gildenhuys and Knipe,
2000:64). Two world wars took place during the first half of the twentieth century. As a
result, governments exercised stringent control over national resources. This tendency
later resulted in governments’ gradual intervention in economic, social and other non-core
areas.
The gradual Government intervention eventually lead to a situation about which, Aucoin
and Heintzman (2000:39) wrote that the administrative machinery of Government had
become so heavy by the 1980s that it “led to a progressive and significant indebtedness
that forced industrialised nations to undertake major reforms of their public sectors leading
to a progressive disengagement of the state from various sectors of activity and greater
focus on sectors such as health, social security and justice”. It could also be argued that
this led governments to embark on other ways to deliver public services.
Du Toit and Van der Waldt (1999:27) refer to government institutions as the main
institutions striving to meet society’s needs. At the same time, they state that society has
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unlimited needs, while government institutions have limited resources to satisfy these
unlimited needs. According to Du Toit and Van der Waldt (1999:27), government
institutions and business are interdependently “joint owners” of society’s problems. As a
result, they have to deal with the challenges that these problems present. This situation is
depicted in Figure 2.1 below.
Figure 2.1: Meeting society’s needs
(Source: Adapted from Du Toit and Van der Waldt 1999: 29).
Society’s expectation that public institutions have to satisfy its unlimited needs, and public
institutions’ inability to do this with limited resources, could point to out-dated service
delivery mechanisms. Society experiences service delivery as too slow, too expensive,
non-responsive to needs, monopolistic and unsatisfactory. Public institutions and
1. Society’s central needs and problems
Needs: A. Economic wealth (profit)
B. General welfare (services)
Problem: i. Unlimited needs
ii. Limited resources 2. Society chooses its institutions to meet their needs
A. Economic system for wealth (profit motive) to meet the
maximum needs with scarce resources.
B. Government system for collective services (non-profit motive)
meet the maximum needs with scarce resources.
* Society’s choice indicates the role expectations of A and B.
A. PRIVATE SECTOR Businesses
1. Exist primarily for profit
2. Also have social responsibilities
3. Depend on B for:
Law and order
Sound infrastructure
B. PUBLIC SECTOR Government institutions
Exist primarily to promote general
welfare through national policies
Depend on public administration
deliver this.
Depend on A for:
A sound economy
Capital through tax system 3. Society decides on effectiveness of A and B
1. Constantly adapts A and B (uses B 2, amongst others, for this)
2. Indicates new (sub) systems for A and B if necessary (a political
process).
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business’s joint ownership of society’s problems, along with Government’s challenges of
how to deal with the issue of service delivery, require alternative service delivery
mechanisms. This requires service delivery innovation in the context of government
institutions’ responsibility.
In meeting these challenges at the local sphere of Government, the Municipal Systems
Act of 2000 was promulgated and deals with, among other issues, alternative service
delivery mechanisms. The Act distinguishes between internal and external service delivery
mechanisms.
2.5.2.1 Internal service delivery mechanisms
In terms of section 76 of the Municipal Systems Act of 2000, municipalities may deliver
services through internal or external mechanisms. An internal service delivery mechanism
would be a department, business unit or internal structure. A city’s engineering
department is responsible for services such as roads, storm water and waste disposal
sites and serves as an example of an internal service delivery mechanism. A business unit
would be a division of the municipality’s administration that operates on business
principles and with a closed account, such as a fresh produce market. In such a case the
service is run relatively independently of the rest of the municipality.
2.5.2.2 External service delivery mechanisms
External service delivery mechanisms include water boards, another municipality,
municipal entities and traditional authorities. It also includes various organisations in the
private sector, such as companies established in terms of the Companies Act of 1973 (Act
61 of 1973). Some of these mechanisms fall outside the domain of the local government
sphere, such as private sector entities, while others fall within that domain, such as other
municipalities.
A municipal entity is defined as a private company, a service utility, or a multi-jurisdictional
service utility. Private companies are established in terms of the Companies Act of 1973
(Section 21 companies are prohibited) and must, in the context of local governance,
comply with the provisions of the Companies Act and the Municipal Financial
Management Act of 2003. Neither municipal councillors nor municipal staff may serve on
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the boards of companies established in terms of the Companies Act. Municipalities are
prohibited from establishing closed corporations and could instead establish companies.
In terms of section 82 (2) (a) of the Municipal Systems Act of 2000, municipalities can
create service utilities by passing by-laws that establish and regulate the functioning and
control of these utilities. Such service utilities are separate juristic persons (section 82 (2)
(b)). According to the Municipal Systems Act of 2000, section 82 (2) (c), municipalities that
have established service utilities should accept ownership of, and control over, these
entities in terms of their by-laws.
Municipalities could also deliver services through multi-jurisdictional service utilities by
entering into agreements with the relevant local or district municipalities. The criteria for
deciding on service delivery mechanisms and the processes that must be followed are set
out in section 78 of the Municipal Systems Act of 2000.
Using alternative service delivery mechanisms could contribute to improved service
delivery – especially in countries with financially weak governments. It further contributes
to greater participation from the private sector and society as a whole (Gildenhuys and
Knipe 2000:64).
According to Van der Walt (2004:103), one “of the most important principle(s) in looking
for alternatives and improvement in governance, and more specific service delivery, is the
concept of building towards a public service that is increasingly client-centred in its
performance, culture and attitudes”. This statement implies that governments face service
delivery challenges that necessitate them to evaluate the status quo of service delivery.
Furthermore, it might lead them to consider alternative service delivery mechanisms. In
order to develop the type of public service Van der Waldt refers to, it is necessary to
examine alternative implementation-based approaches and mechanisms for service
delivery.
To execute any activity, such as service delivery, requires that it is done within some sort
of fixed or flexible structure to support service delivery. Besides a physical structure, an
institution has divisions, sections and units. Furthermore, there are guidelines in terms of
which actions should take place (a framework). As requirements for dealing with issues,
guidelines could be in the form of Acts, regulations, rules or guiding themes. An overview
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of the legislative and regulatory framework of local government will be provided in a later
chapter.
According to Gildenhuys and Knipe (2000:65-68), a distinction can be drawn between a
variety of service delivery mechanisms. A few of these mechanisms will be discussed
briefly to determine how various service delivery systems could contribute to improved
metropolitan service delivery.
Volunteerism
Volunteerism is where individuals offer their services without compensation, reward or
profit to undertake a specific task, for example, cleaning up rubbish that was dumped in a
specific area, such as a park (Gildenhuys and Knipe 2000:65-66).
Market place
Society’s needs may call on private entrepreneurs to provide certain services to society,
such as security and health services that consumers pay for.
External suppliers
External suppliers refer to outside service providers, such as international agencies and
foreign entrepreneurs to provide for the needs that could not be met internally.
Other domestic governments
This is where one public institution provides a service on behalf of another public
institution, such as magistrate offices that process birth certificate applications on behalf of
the Department of Home Affairs.
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Private contractors/outsourcing
This is where a Government contracts a private organisation to deliver a service, such as
constructing a road. Outsourcing is the same as contracting out and just another means of
privatisation. The word ‘outsourcing’ is coined by politicians and public officials
(Gildenhuys and Knipe 2000:71). Fox and Meyer (1995:28) describe contracting out as
the “legal process by which the government enters into relationships with firms in the
private sector that administer public programmes or provide the government with goods or
services”.
The practice of outsourcing is not new. In fact, it existed before the advent of the modern
administrative state (Gildenhuys and Knipe 2000:71). Private organisations such as
bankers were contracted to provide services at agreed-upon prices. Reddy et al.
(2003:202) indicate that outsourcing “has been a common route for local governments to
follow in the past”. To outsource an activity, a municipality can for example invite the
private sector to bid for the opportunity to provide a specific service on behalf of the
municipality, such as reading water and electricity meters or refuse removal.
Outsourcing poses certain problems. For example, it provides opportunities for corruption
(Gildenhuys and Knipe 2000:71). Pollitt (2004:47) affirms Gildenhuys and Knipe’s
statement and adds that outsourcing could also have negative results, such as over-
regulation, too little accountability and a weakened public service ethic.
Despite possible disadvantages, there is a need for and tendency in South Africa to
outsource certain services to alternative service providers. However, before deciding to
outsource certain aspects of service delivery, government institutions need to consider the
integrity and record of private contractors, as well as the contract and measures to prevent
corruption.
With regard to the contract between a public institution and a private organisation, it is
important that the contract provides for the following:
Performance standards.
Breach of contract.
Procurement responsibilities.
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Departmental control.
Delivery dates.
Penalty clauses (Gildenhuys and Knipe 2007:72).
Public-private partnerships
Such partnerships where a municipality enters into an agreement with another public
entity for municipal service provision present both the Government and public with
benefits (cf. Van der Waldt 2004:113-115). Public-private partnerships refer to various
alternatives for delivering public services. A variety of contracting forms and
compensations schemes are possible. The South African Treasury defines public-private
partnerships as “a contractual arrangement whereby a private party performs a
departmental function on behalf of a national or provincial department for a specific time”
(Van der Waldt 2004:113). Adding to this, the private party to the contract “takes on
significant financial, technical and operating risks to design, finance, build and operate a
project”, while the government’s role becomes that of an enabler, strategist and monitor
(Lund in Hartslief 2008:70).
Public-private partnerships are not limited to national and provincial government
institutions. Section 120 (1) of the Municipal Finance Management Act of 2003 states that
municipalities may enter into public-private partnership agreements. Where such
agreements are concluded between a municipality and a private organisation, agreements
must inter alia provide value for money to municipalities; be affordable; and transfer
appropriate technical, operational and financial risks to the private party (section 120 (1)
(a-c).
Notably, any contractual arrangement must include principles to govern public-private
partnerships. Gildenhuys and Knipe (2000:83-86) refer to the following principles:
Government remains ultimately accountable.
The service provider is accountable to the people it is serving.
The infrastructure should be capable of ensuring sustainable service delivery.
Services must be extended as quickly as possible to include the historically
disadvantaged.
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Service delivery should not be detrimental to the environment.
Skills development should take place during the execution of the contract to
support capacity-building.
Displacement of employees should be minimised.
All stakeholders must know what is being done and why.
It should promote competition among all service providers.
A high standard of services should be provided continuously.
Mechanisms should be developed to allow rapid response to customer needs.
Consumer participation should be improved.
Expenditure on infrastructure expansion should not compromise long-term
financial viability.
The Municipal Systems Act of 2000 also deals with alternative service delivery issues with
regard to public-private partnerships. The Municipal Finance Management Act of 2003
also covers this aspect and grants conditional approval for municipalities to enter into
public-private partnership agreements.
Privatisation
Fox and Meyer (1995:101) describe privatisation as “a comprehensive economic, social
and political strategy”. According to the authors, privatisation aims to increase competitive
market forces and to reduce market imperfections. With full privatisation a municipality
sells off an asset to a private sector firm.
To reduce market imperfections the following must happen:
The state’s role in the ownership, control and management of the economy’s
productive resources must be reduced.
The private sector’s role in the ownership, control and management of the
economy’s productive resources must be increased (Reddy et al.2003:201).
Reddy’s description of privatisation is not as subtle as Fox and Meyer’s. Reddy et al.
simply state that privatisation entails selling a part of the public sector to a private sector
organisation. This is the present-day acceptable distinction.
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From Fox and Meyer’s description above, it seems that ‘privatisation’ is an umbrella term
that embraces the different means of privatisation. Gildenhuys and Knipe (2000:216-217)
refer to a number of those means, which include the following:
Denationalisation: Represents a return to the free-market situation.
Depoliticising: Where private utility companies are established to deliver
services outside the party political milieu, such as bulk water supply to
municipalities.
Suspension: To suspend redundant public services or services without
justifiable benefits.
Deregulation: To relax statutory monopolies and to dismantle obstacles
preventing a free-functioning market system.
Outsourcing: To contract services out to private organisations.
Before a government embarks on one or more means of privatisation, it is important to
first determine the following:
The role of the government in a free-market economic system.
Which services are suitable to privatisation?
How to achieve privatisation (Gildenhuys and Knipe 2000:11).
According to Gildenhuys and Knipe (2000:216), a process of commercialisation must
precede privatisation. This entails ensuring that a government institution functions in
accordance with commercial principles. The term ‘to commercialise’ means “to exploit for
profit” (Collins English Dictionary 1982:304). This explanation for ‘commercialise’ is not
suitable to describe commercialisation within the context of public administration. Rather,
commercialisation in the public administration context must be seen as government
institutions that are geared to function in accordance with business principles.
To function in accordance with business principles could imply one or more of the
following:
An independent decision-making body with relatively wide discretionary powers.
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A business-like approach to the performance of duties and functions.
Streamlined work methods and procedures without any so-called red tape.
A reward-based remuneration package.
Contract employment, where contracts may be terminated due to poor or non-
performance.
Exercising good corporate governance, for example in accordance with the King
II Report on Corporate Governance.
Minimum political interference.
Maximum devolution of powers to the lowest levels of responsibility.
Accountability to clients/customers and not so much to voters.
A philosophy of being a lean service delivery machine and not a bungling
bureaucracy.
Being a separate legal entity that can sue or be sued in its own name/capacity.
Being in competition with other similar service providers (Gildenhuys and Knipe
2000:65-67).
Third-sector organisations or third-party governance
In this case, governments rely “on non-profit private or quasi-autonomous non-
governmental organisations to supply services” (Gildenhuys and Knipe 2000:65-67).
According to Gildenhuys and Knipe (2000:65-67), the importance of third-sector
organisations is growing due to society’s disillusionment with public and private service
providers’ performance. Examples of third-sector organisations include the Salvation Army
and the South African Cancer Association.
Corporatisation
A municipality can form a separate legal corporate entity to manage municipal service
provision. The municipality continues to run the enterprise, but it operates with more of the
freedom and flexibility generally associated with a private sector business. A ‘Section 21
Company’ is one variety of possible forms of corporatisation (Dlamini 2003).
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Municipal debt issuance
A municipality can issue bonds to raise capital directly from private investors to finance
capital costs of building or expanding an infrastructure system. The municipality maintains
total control of the project, and bears all the associated risks. The issuance process is
usually facilitated by underwriting forms (public or private banks) and may also involve
financial advisory service providers. The typical duration of debt can be ten to twenty
years (Dlamini 2003).
Service contract
A municipality pays a fee to a private firm to provide specific operational services such as
meter reading, billing and collection, and operating facilities. The typical duration of such a
contract is five years (Dlamini 2003).
Electronic service delivery mechanisms
The development of the computer has changed the way in which work is being done
significantly. The use of computers and the internet have opened up a vast field of
information and possibilities and uses in the private and public sectors. Du Toit et al.
(2002:255) affirm this with the statement that governments across the world “have realised
the importance of this new technology in the delivery of services”. This also applies to
South Africa. Different electronic means to deliver a range of services are available to
Government, for example, the internet, e-governance and the short messages service
(SMS). Internet: Knipe et al. (2002:428) define the internet as “a computer-based, worldwide
information network, composed of a large number of smaller interconnected networks”.
This network enables governments to disseminate information to society, or to make
information about government services available to anyone who needs that information.
Governments nowadays use the internet to be more accessible to citizens through
websites, web pages and portals. This enables citizens to gain access to those websites,
web pages and portals whenever they need information on, for example press releases
from Government, different kinds of forms and information about all three spheres of
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government activities. The South African Government’s website contains government-
focused information, while provincial websites includes information on the provinces. The
South African Government’s website can be accessed through the web address,
http://www.gov.za.
A great variety of government-related information can be obtained from the Government’s
website, as well as the links it provides to other websites. The South African Government
Online website offers two paths referred to as portals. They are the services portal and the
information portal. Both the service and information portals provide a gateway to access
the Government Communication and Information System (GCIS) webpage.
The service portal offers information on various services that are provided to three
categories of information collectors. This includes services to:
people,
organisations, and
foreign nationals.
Regarding public services available to people, the range of services include:
giving birth;
education and training;
relationships and sexuality;
the world of work; and
citizenship.
The people-based information on the webpage includes citizenship, which deals with
personal identification (identification documents), voting and elections. In the case of
personal identification, information is provided on issues such as an application for:
a first-time identity document;
the re-issuing of an identity document;
naturalisation; and
changing a minor’s surname.
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From the above discussion it is obvious that the internet has become a valuable
mechanism that governments can use to deliver a range of services. The internet also
enables e-governance.
E-governance/government: E-governance/government can be described as “a
permanent commitment by government to improve the relationship between the private
citizen and the public sector government through enhanced, cost-effective and efficient
delivery of services and knowledge”(Du Toit et al. 2002:264). The Word Bank affirms this
description with the statement that e-government “refers to the use by government
agencies of information technologies (such as the internet) that have the ability to
transform relations with citizens, businesses, and other arms of government”
(www.worldbank.org in Du Toit et al. 2002:264).
In terms of e-governance, traditional public service delivery is “predominantly administered
through a single, paper-based process” (Du Toit et al. 2002:263). As an alternative service
delivery mechanism, e-governance uses digital technology to enable people to access
government information.
Short messages service: The short message service (SMS) is becoming increasingly
important as an alternative service delivery mechanism. It allows people and institutions to
send and receive short messages through mobile phones. Although government
institutions in South Africa do not use this service to its full capacity, it is already used to
deliver certain types of services to members of the public.
According to Kekana (2004:22), the “rapid increased usage of mobile phones…has
allowed many people to have access to relevant and useful information”. This also
includes information about government services. Anyone can access and obtain
information about public services from the South African Government’s website,
http://www.gov.za . There are also links to other websites or web pages. For example, the
Department of Education uses SMSs to provide examination results to candidates who
have completed matric. During the Local Government elections in 2011, SMSs were also
uses to provide information about progress and problems that might have occurred at
polling stations where e-mail services were unavailable. Johannesburg motorists can
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nowadays register with the SMS traffic system and be informed of a traffic offence within a
few days after the offence.
Service delivery innovation (SDI): The Centre for Public Service Innovation (CPSI) was
established to execute certain functions, such as to benchmark service delivery practices.
Its primary task is to enable innovation (Van der Waldt 2004:109).
Unlimited needs and limited resources have led the South African Government to consider
the possible use of alternative service delivery mechanisms. The Government has
emphasised on numerous occasions that alternative means for service delivery have to be
found. In some cases, certain services that government institutions provide are
outsourced to the private sector, or are privatised. Workers and organised labour
organisations are often opposed to privatisation.
2.6 Values and principles applicable to local government
Values can be defined as ideals or principles worth striving for. The Constitution of South
Africa of 1996 is the supreme law of the country and Section 2 (41) the Constitution gives
the following governing principles that apply to all spheres of government;
“1. All spheres of government and all organs of state within each sphere must:
a) preserve the peace, the national unity and the indivisibility of the Republic
b) secure the well-being of the people of the Republic
c) provide effective, transparent, accountable and coherent government for the
Republic as a whole
d) be loyal to the constitution, the Republic and its people
e) respect the constitutional status, institutions, powers and functions of government
in the other spheres
f) not assume any power or function except those conferred on them in terms of the
constitution
g) exercise their powers and perform their function in a manner that does not
encroach on the geographical, functional or institutional integrity of government in
another sphere”.
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Municipalities should abide by the above-mentioned values that are embedded in Chapter
2 of the Constitution of 1996. This Chapter further identifies values and principles for
public administration. These are also commonly known as normative values and will be
explained in the following paragraph.
Principles such as a high standard of professional ethics, efficient, economic and effective
use of resources; development-orientated administration; impartial, fair and equitable
delivery of services; and participation, transparency, representation and effective human
resources management are all values worth striving for in all spheres of government
(Constitution of the Republic of South Africa of 1996: Section 195(1). These values
enshrined in the Constitution, 1996 are true to the spirit of democracy and apply to all
organs of state, all spheres of government and public enterprises (Constitution of 1996
Section 195(2). The Department of Public Service and Administration’s White Paper on
Transforming Public Service Delivery of 1998 further identifies service delivery principles,
known as the Batho Pele principles, which are also applicable to local government. These
are described in the following paragraphs.
2.6.1 Batho Pele principles
In 1997 the Department of Public Service and Administration (DPSA) published the White
Paper on Transforming Public Service Delivery that outlined the eight principles for service
delivery, popularly known as the Batho Pele principles (DPSA White Paper 1997). Batho
Pele literally means “people first”, which is Government’s commitment to serving people
and putting the community first. These principles are:
Consultation - True to the spirit of a participative democracy, this principle requires
that citizens/consumers be consulted on the level and quality of the public services they
receive and on matters that affect them. The White Paper on Local Government
(1998:Section B) concurs and states that municipalities have an obligation to involve local
citizens in municipal matters, such as planning, policy-making and development
programmes; thus building local democracy.
Service Standards - Citizens have to be made aware of the level and quality of
service they receive.
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Access - All citizens should have equal access to services and will not be
discriminated against on any ground. Section 9 (1) of the Constitution of the Republic of
South Africa of 1996 states that no organ of state may unfairly discriminate directly or
indirectly against anyone on grounds such as race, gender, sex, pregnancy, marital
status, ethnic or social origin, colour, sexual orientation, age, disability, religion,
conscience, belief, culture, language and birth.
Courtesy - Public officials should behave in a polite and altruistic manner when
they interact with and provide services to the public. This courteous behaviour can
translate into positive or friendly behaviour when greeting a customer.
Information - Modern society is often referred to as the information economy.
Information is one of the most vital resources of any institution. Proper decision-making
should be based on accurate information. Ultimately, citizens are entitled to accurate
information regarding services, standards and performances.
Openness and transparency in all operations - Should any municipal
official/employee be asked to report on any action or decision, they should be able to
account for their actions.
Redress - The principle of redress is of paramount importance for all government
institutions, including municipalities, as it will help correct past service delivery
imbalances. The former Apartheid policy was discriminatory in nature and sought to serve
and develop particular groups only, namely the white population. Predominantly black and
rural areas remain under-serviced and in urgent need of development. The latter should
be given priority according to the principle of redress.
Value for money - Municipalities should strive to provide the best service with the
least amount of resources. Thus, municipalities should endeavour to be effective and
efficient at the same time. Resources, particularly financial resources, are often scarce
and should be used sparingly.
Chapter 7(Section 51) of the Municipal Systems Act of 2000 emphasises the above-
mentioned principles and cites the following basic values and principles municipalities
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require. Firstly, municipalities must remain responsive to the needs of the communities
they serve. Secondly, municipalities should be accountable to the community and society
as a whole, by ensuring participation and reporting back to the communities they serve.
Thirdly, municipalities must be performance oriented and set clear objectives that are in
line with the Integrated Development Plan (lDP) of that given municipality. Furthermore,
municipalities should also be flexible so that they can adapt to changing environmental
and societal needs. Finally, the Municipal Systems Act of 2000 also emphasises the
principle of efficiency and effectiveness. This implies that municipalities must strive to
reach set objectives, while maintaining strict financial prudence. Notably, municipalities’
top management must adhere to these values and principles. Thus, they must make a
concerted effort to train all employees (especially by example) and encourage them to
develop a new work ethic and culture of true service delivery.
2.7 Summary Chapter Two discussed phenomena relating to the concept ‘environment’ and referred to
this notion in the broadest context. Notably, government institutions operate in a
continuously changing environment that is characterised by a plethora of
interrelationships, which, in turn, can influence each other significantly.
This chapter emphasised the significant role that the environment can play in governance
and how it influences the quality of service delivery – either positively or negatively.
Notably, both macro and internal governance issues affect service delivery at National,
Provincial and Local Government levels. For this reason, the variety of environmental
elements and phenomena that can enhance or inhibit public institutions’ service delivery is
investigated.
Furthermore, this chapter also paid attention to the notion of democracy; highlighted its
relevance; and discussed how philosophers, citizens and leaders define this concept. The
governing function in a democracy, as well as the State and Government’s role in service
delivery in terms of governance, good governance and public administration and
management was discussed, while relationships between the State, communities and the
market was also given attention.
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As an important cornerstone of democracy, the chapter highlighted the functions carried
out by the three spheres of Government in order to achieve, safety, social and economic
welfare. Notably, attention was also paid to the functions allocated in terms of the
Constitution to the legislatures and executives within the three spheres of Government.
Importantly, the chapter dealt with alternative approaches to deliver services in a more
efficient, effective and economic fashion. Ultimately, governments that implement
alternative service delivery mechanisms allow for the private sector and society to become
more involved in the governance process, which can only strengthen democracy. Finally,
the chapter highlighted the Batho Pele principles and values that influence better service
delivery.
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CHAPTER THREE
LEGISLATIVE, POLICY AND INSTITUTIONAL VARIABLES INFLUENCING METROPOLITAN GOVERNANCE AND SERVICE DELIVERY
3.1 Introduction According to Van der Waldt et al. (2002:3), the ultimate aim of any modern
government is to create conditions that enable every stakeholder to enjoy a good
quality of life. In order to achieve this, government has to identify priorities in relation
to formulated objectives, targets, services and strategies.
Thornhill (in National Certificate 2001: 9) notes that democratising the local
government system in South Africa required a total transformation of all the
municipalities and the services they provide. As the Government ‘closest to the
people’, Local Government demanded particular attention, as the services
municipalities are expected to provide affect all inhabitants of the State’s daily lives.
During Apartheid, South Africa consisted of racially based local authorities that were
responsible for a limited number of services. The major transformation started after
1998 when local government legislations were promulgated. During this time,
comprehensive municipalities with extensive powers and functions covering the total
geographic area were established (Thornhill in National Certificate 2011: 92).
The chapter aims to answer the second secondary research question that is posed
in chapter one (see section 1.3) “What is the nature of the legislative, policy and institutional variables influencing metropolitan governance and service delivery?” Therefore, this chapter aims to clarify the third objective that is posed in
chapter one – to provide (see section 1.4) “a specific level of understanding of the constitutional and other legislative provisions and requirements related to municipalities in order to understand the nature and problems of municipal governance better”. The aim is also to contribute significantly to the administration
and management of metropolitan municipalities’ service delivery. Furthermore, in all
cases, the legislative provisions, requirements and considerations form the basis for
managerial and political decisions in municipal governance. This chapter also
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focuses on mandates that are informed by legislation, government policies and
initiatives that require local government to become more focused on performance,
customers and improved service delivery.
Chapter three provides information on the legislative and institutional framework
underlying the study’s problem statement. The chapter outlines the policy context
and frameworks for the institutional, developmental and transformational dimensions
of local governance. An overview is provided of the legislative and policy milieu of
local governance. Reference is made of, inter alia, the Local Government
Negotiating Forum, the Local Government Transition Act of 1993 (Act 209 of 1993),
the Development Facilitation Act of 1995 (Act 67 of 1995), and the Constitution of
South Africa of 1996. In this regard, attention is also paid to local government as a
sphere of government, as well as the status and objectives of local government.
Following this discussion, information is provided on the Urban Foundation
Document, the South African National Civics Organisation (SANCO) Document, the
draft Urban and Rural Development strategies, the Reconstruction and Development
Programme, the Development Facilitation Act of 1995 (Act 67 of 1995), the Growth,
Employment and Redistribution (GEAR) strategy, the Batho Pele principles of
service delivery, as well as the White Paper on Local Government of 1998.
The chapter discusses the Presidential Imbizo and Operation Masakhane.
Furthermore, this chapter looks at a variety of other acts and strategies providing for
restructuring and regulating local government policy, as well as other strategic
imperatives that require metropolitan municipalities to address issues relating to
service excellence. These include the Local Government: Demarcation Act of 1998
(Act 27 of 1998), Local Government: Municipal Structures Act of 1998 (Act 117 of
1998) (including the executive committee and other committees), the Local
Government: Municipal Systems Act of 2000 (Act 32 of 2000) and the Municipal
Financial Management Act of 2003 (Act 56 of 2003).
In order to further clarify the context of the roles of municipalities in service delivery,
the categories and types of municipalities and the key role players (Executive
Committee, other committees, the Speaker, the Mayor, the Executive Mayor, the
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mayoral committee, the metropolitan sub-councils and the ward committees are
identified and described according to their legislative mandates.
3.2 The policy context and frameworks for the institutional, developmental
and transformational dimensions of local governance
South Africa has seen important and far-reaching changes since the early 1980s.
These changes were seen in the social, legal, cultural, economic and most certainly
the political and administrative areas of the country. The political changes started
taking on new dimensions on 2 February 1990 when the African National Congress
(ANC) was un-banned and Nelson Mandela was released from prison. This brought
far-reaching changes on the macro- and micro-political levels. These changes
reached a peak in 1994, with the first free election in this country. This meant that
the apartheid-driven society changed to a democratic society.
There have been significant political changes in South Africa. But what is not
generally acknowledged is that the political changes that took place also directly
influenced the local government system, as well as the State’s administration. As
government administration functions within a political milieu (as noted in chapter
two), hardly any government structure was left unchanged by the political changes.
It is important to appreciate the political and administrative changes in South Africa
in terms of constitutional reform. The reasons for this are the following:
The various Constitutions (1983, 1993 and 1996) were the vehicles for
change in South Africa.
The 1993 and 1996 Constitution set out the principles that brought about
political and administrative changes.
The different Constitutions provided for the establishment of a sovereign state
and a democratic system.
These Constitutions determined that there should be separate powers
between the legislature, executive and judiciary,
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These Constitutions determined how the new government should be
structured at national, provincial and local levels.
After Nelson Mandela was released and the ANC was un-banned in 1990, a process
was initiated to negotiate a system of representative Government in South Africa.
This process paved the way for the national elections in April 1994, from which the
ANC emerged as the majority party. It placed the ANC in power and allowed them to
form the new Government of the Republic of South Africa. This was done through
the interim Constitution of the Republic of South Africa of 1993 (Act 200 of 1993).
The Constitutional Assembly then enacted the new Constitution of the Republic of
South Africa, 1996 (not an Act of Parliament, but passed by the Constitutional
Assembly that was dissolved once the Constitutional Court certified the Constitution),
which then replaced the interim Constitution of 1993. A range of additional legislation
was also adopted to implement the broad local government structure conceived in
the Constitution.
The transition to democracy in South Africa has its historical foundation in the
general election held in 1994, followed by the elections for the newly constituted
local governments in November 1995 and mid-1996. In terms of the Constitution of
South Africa of 1996, the South African Government can be divided into national,
provincial and local spheres of Government.
Some of the main aspects or characteristics of these three areas of governance, as
described in the Intergovernmental Fiscal Review (2001:2-3) are the following:
The South African Government consists of three spheres with significant
decentralisation of powers, functions and budgeting in the different spheres.
National Parliament comprises two houses: a National Assembly and a
National Council of Provinces. The latter institution represents the provinces
and organises local government at the national sphere.
Nine provinces were established during the post-1994 era. Each has its own
legislature and executive committee, as well as administrative structures.
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Municipalities are categorised according to whether they are metropolitan,
district-wide or local structures, and they all comprise of political and
administrative components.
Provinces are accountable to provincial legislatures, while local governments
are accountable to municipal councils.
The South African Constitution assigns functions to the three spheres of
Government. National and Provincial governments are concurrently
responsible for functions, such as school education, health, welfare and
housing. In practice, National Government’s role is primarily to determine
policy, while Provincial Governments develop some policy and play a
considerable role in implementation. Exclusive functions for provinces include
provincial roads and traffic, abattoirs, provincial planning and provincial sport.
The South African Constitution entrenches ‘co-operative governance’, obliging
the three spheres of Government to co-operate and to negotiate political and
budgeting issues between themselves. Numerous intergovernmental forums
facilitate co-operation and consultation in the government process.
The transition to democracy in South Africa was a drastic move away from the
hierarchical type of three-tier governance prior to 1994. A situation was created
where local government is allowed equal status with the other spheres of
Government, acknowledging that the spheres operate independently in their specific
areas of responsibility while overlapping in some other areas.
The Constitution of 1996 explicitly seeks intergovernmental co-operation between the
three spheres of Government in terms of developing the economy. It requires all role-
players to co-operate with one another in mutual trust and good faith by fostering good
relationships; co-ordinating actions and legislation, as well as avoiding legal
proceedings against one another. A common commitment to governance is a
fundamental pre-condition for aligning the spheres of Government (Cameron and
Stone, 1995:26).
Governance (see chapter two) is a word that not only refers to efficient and effective
administration of local government, but in addition, it stresses the government's
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commitment to a transparent and mutually empowering relationship with the civil
community (Abrahams 1997:69). Therefore, governance is the basis for restoring not
only the most co-operative relations between the spheres of Government, but also
between the municipalities and the citizenry (Cameron and Stone 1995:28).
Local government is committed to working with citizens and groups within the
community to find sustainable ways of meeting their social, economic and material
needs, as well as improve the quality of their lives (McCarthy and Bernstein in Nel
2009:90). Local government’s developmental mandate encourages municipalities to
address poverty, unemployment and redistribution in their local areas. Municipalities
are also required to participate in various economic development programmes of both
provincial and national government (Abrahams 1997:69).
The Department of Provincial and Local Government (DPLG) is responsible for
good governance in both spheres. This entails several objectives to ensure that
provinces and municipalities comply with the Constitution, legislation and
regulations; foster co-operative governance with and between the spheres of
Government; and assure a strong developmental role for the civil community
(Nel 1997:5).
Municipalities possess unique planning and regulatory capabilities and have
universal responsibilities. These are reflected in the Integrated Development
Plan (IDP) requirements for local government in terms of the Local Government:
Municipal Systems Act of 2000.
According to the Municipal Systems Act of 2000, the planning that a municipality
undertakes must be aligned with, and complement, the development plans and
strategies of other affected municipalities and organs of state. This is to give
effect to the principle of co-operative government, as stipulated in Section 41 of
the Constitution of 1996. Municipalities must participate in national and
provincial development programmes, as required in Section 153(b) of the
Constitution.
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The processes of political and economic restructuring have led to a broad
consensus that some sort of local government economic pol icy is desirable.
However, there is considerably less agreement concerning the goals and scope
of such local government action (May 2000:216). The nature of local
government activity that was developed during the 1990s was to encompass a
wide range of initiatives. This includes creating employment; economic re-
conversion and technological upgrading; encouraging enterprise and
entrepreneurship; selling and marketing the local authority area; and education,
training and cultural initiatives (Moser 1995:12). A range of political positions are
related to these initiatives. These extend from those wishing to promote radical
change in the structure of ownership and control in the local economy, to those
wishing to facilitate local enterprise (McCarthy and Hindson 1997:4).
In line with these political orientations, a range of policy instruments available to
local government can be identified. These instruments extend from facilitative
measures, to interventionist and directive measures (May 2000:45).
Table 3.1: Local government policy instruments Facilitative Low tax policies.
Infrastructure development. Assessing land and housing frameworks. Political lobbying. Education and training. Promotion and publicity.
Interventionist Advice and aid for research. Science parks and technology transfer. Municipal trading. Local purchasing. Credit guarantees and loans. Equity investment. Subsidies. Contract compliance.
Directive Planning agreements.
Source: (Syrett 1995:148)
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Local government is the sphere of Government closest to the people where many
basic services are delivered by municipalities. Local ward councillors are the
politicians closest to communities. The South African Government has clear policies
stipulating that local municipalities and councillors should be sensitive to community
views and responsive to local problems. Partnerships should also be built between
civil society and local government to address local issues. For example, a number of
laws outline participation processes that municipalities have to use to consult the
community.
According to the Constitution of 1996, (Sections 153 and 154), local government is
responsible for ensuring that basic services are delivered to all citizens of the
country. In terms of Section B of the White Paper on Local Government (1998:24),
national government is responsible for setting the overall strategic framework for the
economic and social development of the nation and for all spheres of Government.
Furthermore, it should ensure that local government operates within an enabling
environment and is organised in such a way as to promote the development of local
communities and the nation.
In terms of Section 152 of the Constitution of 1996, which focuses on “developmental
local government”, the responsibilities vested in local government are to:
provide democratic and accountable government for local communities;
ensure the provision of services to communities in a sustainable manner;
promote social and economic development;
promote a safe and healthy environment; and
encourage communities and community organisations’ involvement in local
government matters.
The Municipal Systems Act of 2000 and the White Paper on Local Government of
1998 are the major post-apartheid local government enactments. These Acts
stipulate that municipalities and local communities should work together to find
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sustainable ways to address their social, economic and material needs (Abrahams
2003:189).
According to these Acts, municipalities are obligated to encourage community
empowerment initiatives, human resource development, the redistribution of
resources, the targeting of poverty, the promotion of local creativity and innovation,
as well as the mobilisation of local resources (Abrahams 2003:189-190).
3.3 An overview of the legislative and policy milieu of local governance
The legislative and policy milieu is discussed in the following sub-sections. The
constitutional process is the foundation on which the political and administrative
changes for municipalities have been built. Municipal government in South Africa is
governed by a series of legislative documents that will be summarised in this section.
Local government in South Africa is also supposed to be developmentally orientated.
This means that Government’s developmental role is supposed to be more
prominent than in other countries. This is normally the case with local government
systems in less-developed countries that do not have the basic or fundamental
attributes of development in place. This necessitates governments of less-developed
states to create a minimum set of developmental conditions before higher levels of
governmental functions that rely on those developmental conditions can be
executed. For example, literacy is needed before more skilled employment
opportunities can be created, while individual land ownership is needed to stimulate
sustainable economic development in society.
This section provides a general background to the statutory and regulatory
framework for local government in South Africa. The section identifies the main
legislative documents comprising the legislative framework for local government in
South Africa. It describes and explains the differences between the respective
legislative documents and explains why they exist as separate entities. The section
also pays attention to how these different pieces of legislation relate to each other
and how they should be implemented and interpreted.
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3.3.1 The Local Government Negotiating Forum
The Local Government Negotiating Forum (LGNF) was created in 1993 and its
deliberations took place concurrently with the national constitutional negotiations
(White Paper on Local Government (WPLG) 1998: Section A). The Forum was made
up of representatives from national, provincial and local government, as well as from
civil society under the auspices of the South African National Civics Organisation
(SANCO). The establishment of this forum can be regarded as a primary and solid
step towards transforming local government in South Africa (Reddy 1996:58). The
outcomes of the LGNF included the Agreement on Finance and Services, which
meant writing off arrears of the then black local authorities. The LGNF also
negotiated and came up with the Local Government: Municipal Transition Act of
1993 (Act 209 of 1993). This was a preliminary framework outlining the process for
change in local government (White Paper on Local Government (WPLG), 1998:
Section A).
3.3.2 The Local Government Transition Act of 1993 (Act 209 of 1993)
The Local Government: Transition Act of 1993 (Act 209 of 1993) mapped out three
phases of transition. These phases are highlighted below:
Phase 1: The pre-interim phase (1994-1996) that prescribed the establishment of
local forums/structures by combining the existing Apartheid councils (statutory) with
oppositional formation (non-statutory) structures to negotiate the appointment of
temporary councils that would govern municipal elections.
Phase 2: The interim phase (1996-2000) began with the municipal elections of 1995
and lasted until the local government system was established. The phase was called
‘interim’ because it preceded the establishment of democratic municipalities in terms
of the Constitution of the Republic of South Africa of 1996. The interim municipalities
were intended to de-racialise and unite the country by combining formerly urban
African areas with formerly White, Coloured and Indian areas (NBI 2000:7).
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Phase 3: The final phase (period after 2000) began with the establishment of a new
local government system for South Africa, while the demarcation of municipal
boundaries problems were resolved and finalised.
The Local Government: Municipal Transition Act of 1993 served as the key
legislation and guide for local government transformation in South Africa. This
resulted in what may be termed the new face of local government in South Africa.
The sections that follow will describe post-1994 local government in South Africa.
3.3.3 The Development Facilitation Act of 1995 (Act 67 of 1995)
Numerous visions, objectives and ideals were initiated to ensure the social and
economic ‘upliftment’ of communities, as well as equal access to quality services at
local level in a cost-effective, efficient and affordable way. One such instrument that
was created to facilitate the aforementioned is the Development Facilitation Act of
1995 (Act 67 of 1995).
In terms of the Development Facilitation Act of 1995, the land development
objectives were created to assist South African municipalities in focusing on public
service delivery to previously disadvantaged communities. In terms of the initiative,
local government’s main focus is to:
develop the skills and capacity of previously disadvantaged people;
promote the establishment of viable communities; and
meet the needs of all citizens in an equitable and affordable way.
3.3.4 The Constitution of the Republic of South Africa of 1996
The political reform process in South Africa culminated in the adoption of the
Constitution of the Republic of South Africa of 1996.This constitution contains the
following aspects that influence the topic of this dissertation: the founding provisions,
a Bill of Rights, co-operative government, provincial authority and intervention in
local government, constitutional provisions for local government, the courts and
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administration of justice, state institutions that support constitutional democracy,
public administration, security services, traditional leaders and constitutional
provisions for the financial management of municipalities. In terms of the provisions
of this Act, as a sovereign, democratic state South Africa was founded on the
following values:
Human dignity.
Non-racialism and non-sexism.
Supremacy of the Constitution and the rule of law.
Universal adult suffrage, a national common voters’ roll, regular elections and
a multi-party system of democratic government, to ensure accountability,
responsiveness and openness (Constitution of 1996 Chapter 1).
As noted before, the Constitution provides a Bill of Rights. This is the cornerstone of
democracy in South Africa. It enshrines the rights of all people in the country and
affirms the democratic values of human dignity, equality and freedom. The State
must respect, protect, promote and fulfil the rights in the Bill of Rights.
The Bill of Rights values that influence municipalities are briefly explained:
Equality: Everyone is equal before the law and has the right to equal protection
and benefit of the law. The concept of equality permeates most activities that a
municipality has to perform. In this regard one may refer to the process of
dealing with planning and licensing matters.
Human dignity: Everyone has inherent dignity and the right to have their dignity
respected and protected. This implies that councillors and officials should
respect the dignity of all citizens (Craythorne 1997:19).
Assembly, demonstration, pickets and petitions: Everyone has the right to
assemble, demonstrate, picket and present petitions peacefully and unarmed.
This right may be limited in terms of the Regulation of Gatherings Act of 1993
(Act 205 of 1993). The Labour Relations Act of 1995 (Act 66 of 1995) (LRA)
sets out the manner in which the right to picket is to be exercised, and the
limitations on the right. This also applies to municipalities.
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Freedom of association: Everyone has the right to freedom of association.
Municipalities may not prevent citizens from forming civic associations and
must recognise and respond to such bodies.
Political rights: Every citizen is free to make political choices. According to
Craythorne (1997:20), the rights of participating in political activities and of
campaigning for a cause are particularly important when persons, parties or
associations approach the municipal council on a matter during an election.
The council should listen to what the parties have to say and not attempt to
prevent legitimate political activity.
Freedom of movement and residence: Everyone has the right to freedom of
movement. With regard to municipalities, municipal planning may not be utilised
to deny someone access to residence in a particular area as a means of
enforcing discrimination. However, it does not serve as a justification for land
invasions, as such action would infringe on other rights that are enshrined in
the Bill of Rights.
Freedom of trade, occupation and profession: Every citizen has the right to
choose their trade, occupation or profession freely. However, a municipality’s
authority to license businesses is restricted by the Business Act of 1991 (Act 71
of 1991).
Labour relations: Everyone has the right to fair labour practices.
Environment: Everyone has the right to an environment that is not harmful to
his/her health or well-being. Municipalities are responsible for preventing litter
and pollution.
Property: No one may be deprived of property – except in terms of law of
general application.
Housing: Everyone has the right to have access to adequate housing. The
provision of housing is a municipal responsibility, with the support of state
subsidies (SA National Housing Code 2001:109-115).
Healthcare, food, water and social security: Everyone has the right to have
access to healthcare services.
Access to information: Everyone has the right of access to any information held
by the state (municipality) and any information that is held by another person
and that is required for the exercise or protection of any rights. The information
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sought must be required for the exercise or protection of a right.
Just administrative action: Everyone has the right to administrative action that is
lawful, reasonable and procedurally fair. Municipalities make administrative and
quasi-judicial decisions almost daily and this right should not be breached in
the process.
Limitation of rights: The rights in the Bill of Rights may be limited only in terms
of law (a by-law is a law) of general application. This is providing that the
limitation is reasonable and justifiable in an open court and democratic society
based on human dignity, equality and freedom. Furthermore, all relevant factors
must be taken into account. This includes the nature of the right; the
importance of the purpose of the limitation; the nature and extent of the
limitation; the relationship between the limitation and its purpose; and less
restrictive means to achieve the purpose (Craythorne 1997:18).
The Bill of Rights, therefore, gives an indication to a municipality as to what residents
can expect in terms of service delivery. Furthermore, the local municipality should
develop service delivery standards (to be discussed in Chapter 4) that are based on
the Bill of Rights.
The Constitution of South Africa of 1996 is the supreme law of the country and
Section 2 (41) of the Constitution gives the following governing principles that apply
to all spheres of Government:
“1. All spheres of government and all organs of state within each sphere must:
(a) preserve the peace, the national unity and the indivisibility of the
Republic
(b) secure the well-being of the people of the Republic.
(c) provide effective, transparent, accountable and coherent government
for the Republic as a whole
(d) be loyal to the constitution, the Republic and its people
(e) respect the constitutional status, institutions, powers and functions of
government in the other spheres
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(f) not assume any power or function except those conferred on them in
terms of the constitution
(g) exercise their powers and perform their function in a manner that does
not encroach on the geographical, functional or institutional integrity of
government in another sphere.”
Municipalities should abide by the above-mentioned values that are embedded in
Chapter 2 of the Constitution of 1996. Furthermore, this chapter of the Constitution
identifies normative values and principles for public administration, as noted in
section 2.6. These constitutional values are true to the spirit of democracy and apply
to all organs of state, spheres of Government and public enterprises (Constitution of
1996 Section 195(2)).
The Constitution went further and established the ‘socio-economic rights’ of every
citizen that the government must observe. The ‘socio-economic rights’ that are
enshrined in Chapter 2 of the Constitution include a right to:
an environment that is not harmful to one’s health or well-being;
have access to adequate housing;
adequate health care services;
sufficient food and water;
social security. If people are unable to support themselves and their
dependents, appropriate social assistance;
a basic education;
a basic income and access to a minimal level of economic resources;
participate in the productive and reproductive work of society;
non-discrimination on the basis of gender, race, sex, pregnancy, marital
status, ethnic or social origin, colour, sexual orientation, age, disability,
religion, conscience, belief, culture, language and birth in the distribution of
income, productive output and economic resources;
non-exploitation in all work, in the labour market, in the household and in
the informal economy; and
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a just share of the production of the economy (Chapter 2 of the
Constitution; Sitai in Hartslief 2008:90).
In addition to the Bill of Rights and normative values, the Constitution stipulates the
status/objectives of local government.
The Constitution envisages the complete transformation of the local government
system in South Africa. It provides for local government as a sphere of government;
confirms the status and objectives of municipalities; and determines the role local
government plays in cooperative government as well as in its developmental
imperatives. These additional dimensions of local government will subsequently be
explained.
3.3.4.1 Local Government as a sphere of government
In terms of Section 151 of the Constitution, Local Government is a sphere of
Government in its own right and no longer a function of the National or Provincial
Government. According to Reddy (1999:204) the Constitution refers to sphere
instead of level to emphasise the ‘new’ relationship of co-operation among the levels
of government. A sphere, as opposed to a level or tier of government, connotes a
shift from horizontal to vertical division of government power. This system is a vision
of non-hierarchical government, where each sphere has equal status, is self-reliant,
inviolable and possesses the constitutional latitude to define and express its unique
character (Primstone in Reddy 1999:204).
Local Government consists of municipalities, which must be established, in terms of
the Constitution, for the entire territory of the Republic of South Africa (Section 151
(1)). The executive and legislative authority of a municipality is vested in its municipal
council (Section 151(2)). A municipality has the right to govern the local government
affairs of its community on its own initiative. However, it is subject to the relevant
national and provincial legislation, as provided for in the Constitution (Section
151(3)). The national and provincial governments may not compromise or impede a
municipality’s ability or right to exercise its powers or perform its functions (Section
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151(4)). This provision guarantees Local Government a significant measure of
administrative autonomy (Devenish 1998:203).
3.3.4.2 Status of Local Government
The changed position and role of Local Government led to a situation where local
authorities would have to:
govern as a fully-fledged sphere of government, with sufficient autonomy
to perform this function;
claim their autonomy by sharing their capacity to handle this responsibility;
follow a governance approach, which demands co-operation and
collaboration;
accept responsibility for extended functions, including the socio-
economic development of their communities;
integrate previously separated communities into single communities; and
make provision for generating sufficient resources to face this
responsibility in an environment with almost insurmountable needs and, in
large areas, only basic subsistence (and sometimes even less) resources
available (Louw 1998:3).
These provisions may create the impression that Local Government has been
accorded autonomy. According to Zybrands (in Venter 2001:202), an in-depth study
of these provisions indicates that the word ‘autonomy’ is not used, but rather ‘own
initiative’ and furthermore that this is subject to national and provincial legislation.
The elevated status of Local Government does not imply that it has carte blanche
when deciding on local priorities. The objectives of Local Government are defined in
Section 152 of the Constitution and will subsequently be discussed.
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3.3.4.3 Objectives of Local Government
Section 152 of the Constitution mandates Local Government to:
Provide democratic and accountable government for local communities. According to Zybrands (in Venter 2001:216), the obligation
to provide democratic government implies free, fair and regular elections
based on voters’ rolls that are comprehensive enough to reflect the
potential number of voters adequately. Councillors should hold meetings
with their constituencies at regular intervals to provide reports on progress
made by the council. This process forms the basis for accountable
governance.
Ensure the provision of services to communities in a sustainable manner. This objective underlines the fact that a municipality is a service-
rendering institution. Such services are rendered to satisfy the people’s
needs. Sustainability may imply that, once commenced, the service should
continue in the future and should not be abandoned easily. A service is
only sustainable if it is affordable and addresses the public’s true needs.
Promote social and economic development. With regard to the
empirical research that was undertaken, the aspects of social and
economic development are relatively new to municipalities and have not
formed part of their traditional functions. Social development may relate to
child welfare functions, such as feeding schemes and day-care centres.
Economic development can only occur if a municipality has adopted its
own Local Economic Development (LED) plan. It can either form part of a
strategic plan or of its Integrated Development Plan (IDP).
Promote a safe and healthy environment. A safe and healthy
environment may refer to the prevention of the spreading of contagious
diseases and ensuring a healthy life by providing primary health care
services. Furthermore, it may also refer to matters such as environmental
pollution that may include noise, water and air pollution.
Encourage the involvement of communities and community organisations in local government matters. In the past, it was
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customary for elected councillors to govern for their term of office without
consulting the electorate. In terms of this objective, continuous interaction
with the public is prescribed.
These objectives are qualified by Section 152(2), which provides that a municipality
must strive to achieve these objectives within its financial and administrative
capacity. In terms of Subsection (6), a municipality does not actually need to provide
the services itself. It must simply ensure that the services are provided.
Local Government has thus been given a distinctive status and vital role in building
democracy and promoting socio-economic development (Roome 1998:1). These
changes are challenging the traditional role that Local Government adopted, by
confining its activities to the administration of services.
As the supreme law of the country, the Constitution highlights the developmental
responsibilities of Government – especially Local Government – in South Africa.
Section 152 of the Constitution makes provision for Local Government to promote
social and economic development. If necessary, the Government must also provide
for subsidies as a catalyst for job-creation programmes that are controlled by
communities and/or workers. Government must also target appropriate job creation
and development programmes in the country’s most neglected and impoverished
areas. However, all such projects should be self-sustainable (Sitai in Hartslief
2008:98).
3.3.5 The Urban Foundation Document This document reflects the business leanings of the Urban Foundation and is
largely based on Western experience. Most of the proposals are adopted from
Western countries. The document deals at length with new global realities and
the changed role of municipalities throughout the world (Moloi 1995:30).
A call is made to South African municipalities to abandon their traditionally
‘managerialist’ stance and to focus on entrepreneurialism. Notably, this point
highlights the document’s private sector orientation (Moloi 1995:38).
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3.3.6 The South African National Civics Organisation (SANCO) Document In contrast to the business-orientated focus of the Urban Foundation Document,
the SANCO Document reflects the community-based and populist leanings of
that organisation. According to the document, the post-apartheid civic movement
in South Africa identified the need to bring together all key stakeholders in order
to develop a common vision that can filter development information to
grassroots level. SANCO envisages the mobilisation of communities to support
public works programmes, local procurement policies, Small Medium and Micro
Enterprises (SMMEs), public-private partnerships and the need to develop
appropriate regulatory and planning frameworks (Nel 1995:6).
Local authorities are seen as playing a key role in development and are
encouraged to take a more pro-active stance in local economic development
(LED). Therefore, a call has been made to establish economic development
units within local authorities. Such units would need to provide close interaction
between grassroots and authority structures. Modifying municipal procurement
policies to support local entrepreneurs and ‘buy-local’ campaigns are seen as
important aspects of LED (Moloi 1995:5).
3.3.7 The draft Urban Development Strategy (UDS)
This document clearly sets out Government’s view that South Africa’s future is
an urban one and that correcting urban inequalities and improving the function
and output of urban economies is crucial for eradicating poverty and achieving a
more equitable society. The document defines the State’s role as merely that of
helping to create conditions for economic development. It calls on local
authorities, in collaboration with the private and public sectors, to develop
appropriate strategies. Key LED features that the Government focuses on
include promoting SMMEs, employment opportunities and capital works. This
can be done partly through public works endeavours and support for housing
and infrastructural development (Nel 2001:6).
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3.3.8 The draft Rural Development Strategy (RDS)
The afore-mentioned importance attached to urban areas and the drafting of an
appropriate rural development strategy also receives considerable prominence
in government thinking (Nel 1997:16). As with the urban strategy, Government
does not clearly specify what its role is and the degree to which it is prepared to
contribute to the development process. In terms of development options, four
focus points are identified. These include:
promoting rural markets;
promoting small, medium and micro-enterprise in rural areas;
supporting agricultural programmes, and
promoting tourism and ecotourism (White Paper on the National
Strategy for the Development and Promotion of Small Businesses in South
Africa 1995:18).
The Government introduced the RDS discussion document in 1995 as a framework
for implementing LED programmes in rural areas. The RDS puts rural people at the
heart of development, by stressing the need for the rural poor to have access to and
use productive resources, services, education and training. Ultimately, the aim is to
empower rural communities to improve their standard of living (RDS 1995:50).
Strategic themes of the RDS include:
building rural local government;
promoting economic development;
building rural infrastructure;
improving services; and
building social and environmental sustainability (Kock 1996:11).
In 1997, a Rural Development Framework (RDF) was established to facilitate the
practical implementation of the RDS. However, the implementation of the framework
broke little new ground in the search for a LED programme (Husy 2001:76).
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3.3.9 The Reconstruction and Development Programme (RDP) White Paper of 1994
The publication of the RDP White Paper of 1994 served as the starting point for an
analysis of policy frameworks for developmental local governance. The RDP recalls
most prominently the developmental and pro-poor responsibilities that all spheres of
Government have in South Africa. The RDP was published as a policy framework for
integrated and coherent socio-economic progress, which underpinned most of the
government policies during its first years in office. The central theme of the RDP was
to reduce poverty by redressing the inequalities and injustices of Apartheid (RDP
White Paper 1994:84). As a national Government programme of action, the RDP
highlighted the following priorities:
Access to basic social services such as water, jobs, land, education and
healthcare.
Creating opportunities for all South Africans to develop to their full
potential.
Boosting household income through job creation.
Establishing a social security system and other safety nets to protect the
poor, disabled, elderly and other vulnerable groups (Aliber 2002:13).
The RDP's objective was to eradicate poverty and to promote sustainable
development through a people-driven process. It is based on six basic principles,
namely:
Integrated and sustainable development by utilising all resources in an
efficient and effective manner in all spheres of Government.
People/community-driven programmes.
Promoting peace and stability.
Promoting nation-building.
Linking reconstruction and development through economic growth, training
and establishing basic infrastructure.
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Endorsing democracy through community involvement and participation in
policy development and programme implementation (Swilling 1997:221).
Three basic Local Government programmes form the basis of the RDP, namely:
The rehabilitation of collapsed infrastructure, systems and facilities to
ensure basic municipal services delivery.
The Municipal Infrastructure Investment Framework is to extend
infrastructure, systems and facilities so that new areas receive basic
municipal services.
Creating institutional and financial capacity to operate and maintain new
and restored services (Swilling 1997:222).
Unfortunately, the RDP was abandoned because of difficulties in meeting its
demands. Among other things, this was due to a lack of mechanisms for inter-
departmental co-ordination; little attempt to set priorities for the implementation of
each programme component; and a lack of capacity at local government level to
implement what had been outlined by the RDP (Chikulo 2003:3 and Van der
Westhuizen 1999:26).
Before the RDP office was closed, certain service delivery programmes were put in
place. For example, free lunch to primary school children; providing potable water to
some 700 000 people; and the South African Government deployed doctors from
Cuba in rural areas where medical facilities were either non-existent or beyond the
reach of the poor. While a specific ‘office’ for the RDP no longer exists, a number of
government ministries and offices are charged with supporting RDP programmes
and goals (Flonnet in National Certificate in Municipal Governance 2011:58).
3.3.10 The Land Development Objectives Document of 1995
As noted before (see section 3.3.3) the Development Facilitation Act of 1995,
created the land development objectives in order to assist South African
municipalities in focusing on public service delivery to previously disadvantaged
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communities. Therefore, local government must develop the skills and capacity of
previously disadvantaged people; promote the establishment of viable communities;
and meet the needs of all citizens in an equitable and affordable way.
To facilitate the land development process, this document placed a responsibility on
local authorities to prepare Land Development Objectives (LDO) on an annual basis.
The LDOs are guidelines drawn up with the participation of the community and
focuses on how the land under the local authority’s jurisdiction will be developed.
The LDOs are presented as a collection of local planning outputs, such as
development frameworks, strategies and projects. The LDO process is now being
incorporated into the Integrated Development Plan (IDP), wherein the Spatial
Development Frameworks (SDFs) are developed as part of the IDP sector plans
(Interview Ackron 2011).
3.3.11 The Growth, Employment and Redistribution (GEAR) strategy of 1996
The abandonment of the RDP and the subsequent closure of the RDP office
culminated in the introduction of an overall strategy, called the Growth, Employment
and Redistribution (GEAR) strategy (Aliber 2002:15). The GEAR strategy focused on
expanding the private sector and achieving a high level of economic growth. The
GEAR strategy called for a major transformation in both the private and public
sectors. Among other things, this included a stable environment to encourage private
investment; a competitive platform for expanding the tradable goods sector and more
labour market flexibility (Aliber 2002:15).
Some of the socio-economic policies initiated in the RDP were subsequently
incorporated into the GEAR strategy. These include:
The importance of continuing with the social grants system to help address
poverty.
The importance of improving access to basic social services.
A consideration-of-merit system for introducing a minimum wage (Aliber
2002:15).
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Like the RDP, the GEAR imposed several limitations on poverty alleviation. By 2001,
after a five-year period of implementation, its macro-economic projections could not
materialise. Most unfortunate is that the economic evolution led to the continued
shedding of formal-sector employment. The 1.3-million jobs that GEAR promised to
create between 1996 and 2001, together with the projection of a total economic
growth of 21.2%, failed to materialise (Aliber 2002:16).
Despite an outcry for a major change in South Africa’s economic policies from the
Congress of South African Trade Unions (COSATU), the business sector and other
organisations such as the United Nations Development Programme (UNDP), the
Government continued implementing the existing policies and programmes for the
remainder of the decade. In his speech at the opening of Parliament on 6 February
2004, former president Thabo Mbeki stated: “We already have the policies and
programmes that will enable us to translate all the strategic objectives we have just
spoken of into a material factor in achieving the goals of the expansion of the
frontiers of human fulfilment, and the continuous extension of the frontiers of the
freedom, of which Nelson Mandela spoke a decade ago” (SABC 2004 in
Netshakhuma 2006: 78).
3.3.12 The Batho Pele principles of service delivery
The Batho Pele initiative is described in the Government White Paper on
Transforming Public Service Delivery (October 1997) and is based on eight
principles with which all national and provincial departments that are governed by the
Public Service Act of 1994 (Act 103 of 1994) have to comply (see section 2.6 in
chapter two). However, the Batho Pele principles are equally relevant to all parts of
governance, including the local sphere. Government expects the principles to be
adopted in every area of public service, including the provision of parks, recreation
and maintenance. Local government, although not legislated under the Public
Services Act of 1994, has also committed itself to participate in the initiative.
Batho Pele is Sesotho for “People First” and relates to the government’s initiative to
improve service delivery as one of its eight priorities, as outlined in the White Paper
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on the Transformation of the Public Service.
3.3.13 The White Paper on Local Government of 1998
The Ministry for Provincial Affairs and Constitutional Development launched an
intensive eighteen-month-period of consultation and research that culminated in the
White Paper on Local Government (WPLG) of 1998. According to Boraine (1998:53),
this particular White Paper in effect provided the new ‘constitution’ for local
government. It prescribed how local authorities should interact with the other spheres
of Government and influence the system of government as a whole. Furthermore, it
moved the process of change beyond the transition stage and focused on the
transformation of local government to create a better life for all.
The WPLG formed the launching pad for the new local government system. The
afore-mentioned document provided a map for local authorities to transform
institutionally and to remain relevant in the twenty-first century. Importantly, the
WPLG was based on the framework that was created by the Constitution. It adds
detail to the framework, as prescribed in the Constitution, and provides a consensual
framework for transformation. Furthermore, it provides a set of priorities that focuses
on the following three basic programmes, namely institutional transformation,
developmental transformation and fiscal and financial transformation. These
priorities are briefly explained in the next chapter.
3.3.14 The Presidential Imbizo
The central thrust of Government’s programme of action is the call on all South
Africans to “lend a hand to build a better life for all”. This call imposes an obligation
not only on National, Provincial and Local Government to interact with the public on
this programme of action, but also encourages all South Africans to become
conscious and active participants in the social transformation process. Accordingly,
this call has shaped the form and content of the collective struggle to eradicate
poverty in South Africa. The spirit of ‘Vuk’uzezele’ (arise and act) and ‘Letsema’
(collective effort) created a new level of solidarity that has enabled South Africans
from all walks of life to lend a hand to build a better life for all.
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Imbizo is based on giving further effect and concrete expression to participatory
democracy, so that communities can exercise their right to be heard and assist with
the national effort to build a better life for all.
The Government launched the Imbizo programme in 2001 as a period of intensified
activity. During this time, all spheres of Government – national, provincial and local –
interact with the people across the country. Notably, the Imbizo initiative plays an
important role as an interactive style of governance. It creates more space for public
participation and involvement around the interactive implementation of government’s
programme of action.
The Imbizo initiative is about unmediated communication between the government
and its people. It is a forum for enhancing dialogue and interaction between senior
government executives and ordinary people. Furthermore, the initiative gives
Government the opportunity to communicate its action programme and the progress
that is being made directly to the people. The Imbizo process also promotes public
participation in programmes to improve their lives. Interaction through Imbizos
highlights particular problems that require attention, such as obstacles in the
implementation of policy, or policy areas that may need to be reviewed. It draws
public input on how best to tackle challenges. It gives the President and others direct
access to what people say and feel about Government and service delivery.
Furthermore, leaders are given an opportunity to listen to communities’ concerns,
grievances and advice about the pace and direction of the Government’s work
(South African Government Information System 2006 in Hartslief 2008:68).
3.3.15 Operation Masakhane
Government implemented Operation Masakhane to generate a culture of service
payment . Importantly, this operation aimed to accelerate public service delivery and
stimulate economic development. The programme focused on:
the mobilisation of public and private resources;
enhancing the administrative capacity of transitional local councils;
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maximising community participation and responsibility for payment of
services; and
providing assistance in democratising local government (Swilling
1997:222).
3.4 Legislation providing for the restructuring of local government
Parliament adopted legislation that sought to achieve the vision for local government
that was aimed at entrenching the concept of local democracy, as stipulated in the
WPLG. In this regard, the legislation documents that are referred to include the
Demarcation Act of 1998 (Act 27 of 1998), the Local Government: Structures Act of
1998 (Act 117 of 1998) and the Local Government: Systems Act of 2000 (Act 32 of
2000). The contents of these legislation documents are explained below, as they
reflect imperatives for local government transformation.
3.4.1 Local Government: Demarcation Act of 1998 (Act 27 of 1998)
The Local Government: Demarcation Act was promulgated in the Government
Gazette of 3 July 1998. The purpose of the Act was to establish criteria and
procedures for determining municipal boundaries by an independent authority and to
provide for related matters. The Act focuses on the following aspects:
The Municipal Demarcation Board (the establishment, functions, general
powers, membership and operating procedures of the board. The board
consists of seven to fifteen members who are appointed by the President
of the country (Chapter 1, Section 8).
Demarcation of municipal boundaries – determining boundaries,
demarcation criteria, demarcation procedures and the regulation and
consequences of boundary determinations (Chapter 2).
Administrative and other matters – administration and finances of the
board as well as miscellaneous matters (Chapter 3).
The objectives of demarcating municipal boundaries include providing local
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communities with democratic and accountable government, providing services to
communities in a sustainable manner, promoting social and economic development
and ensuring a safe and healthy environment. Municipal boundaries are determined
by looking at factors such as the independence of people, communities and
economies; and the municipality’s financial viability and administrative capacity
(Section 25). Objections may be raised to such determinations.
The Government mandated Demarcation Board was mandated to re-demarcate the
boundaries of 843 municipalities, according to the guidelines (factors) provided in
Section 25 of the Act (Zybrands 2001:204). The result of this demarcation exercise
was the following:
The establishment of six Category A Municipalities, namely Cape Town,
Nelson Mandela Metropole, Durban, Johannesburg, Tshwane, and the
Ekurhuleni Metropole.
The establishment of 47 District Municipalities (Category C Municipalities).
The establishment of 231 local councils (Category B Municipalities). These
councils are generally the result of the amalgamation of two or more
municipalities from the interim phase of transformation.
The finalisation of the demarcation process resulted in the establishment of
municipalities. The Local Government: Structures Act of 1998 (Act 117 of 1998)
determined the structure of these newly created municipalities.
3.4.1.1 Local Government: Municipal Structures Act of 1998 (Act 117 of 1998)
The Municipal Structures Act focuses on the establishment of municipalities in
accordance with the requirements relating to categories and types of municipalities
(cf. Constitution of 1996). Key points include:
to create criteria for determining the category of municipality to be
established in an area;
to define the types of municipalities that may be established within each
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category;
to provide for an appropriate division of functions and powers between
categories of municipalities;
to regulate the internal systems, structures and office-bearers of
municipalities; and
to provide for appropriate electoral systems; and to provide for matters in
connection therewith (Section 1).
It therefore regulates the political and institutional arrangements for South African
Local Government. Chapter 1 of the Act focuses on municipal categories (A, B and
C), as well as the types of municipalities (such as executive mayor or executive
committee). Chapter 2 of the Act focuses on the establishment of municipalities,
while Chapter 3 discusses the municipal councils (composition, membership,
operation, dissolution and the Speaker of a municipal council). Chapter 4 focuses on
the internal structures and functionaries (executive committee, executive mayors,
metropolitan sub-councils, ward committees, other committees of municipal councils,
participation of traditional leaders and municipal managers). Chapter 5 focuses on
the functions and powers of municipalities and Chapter 6 on miscellaneous matters
such as the electoral system for metropolitan and local councils, as well as sparsely
populated areas; the electoral system for district councils; the election of municipal
office-bearers; the method and principles of allocating party-elected councilors to
metropolitan sub-councils; the code of conduct for councilors, and identifying
traditional leaders for the purpose of Section 81of the Act.
In terms of Section 12 of the Act, the Members of the Executive Council (MEC) for
Local Government of a province must establish a municipality in an area, as
gazetted by the Municipal Demarcation Board in a particular province. In terms of
this provision, these municipalities must comply with the provisions of the Act that
takes effect during the first election of the municipal council. The Section 12 Notice
for establishing a municipality must specify the following:
The category of municipality that is being established.
The type of municipality that is being established.
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The boundaries of the municipal area.
The name of the municipality.
The number of the councillors in a particular municipality;
Which municipal councillors (if any) may be designated as full-time, in
terms of Section 18(4) of the Act.
Any adjustments in the division of functions and powers in terms of
Section 85 that affect the municipality.
Any provisions of this Act that the municipality has been exempted from in
terms of Section 91.
Any other relevant detail.
When the afore-mentioned specifications are followed, there ought to be no
uncertainty as to how such a municipality must be structured. The MEC for Local
Government must give written notice of the intention to establish a particular
municipality to organised local government in the province, as well as to any existing
municipalities that may be affected by the establishment of the municipality.
Furthermore, prior to publishing a Section 12 Notice, the MEC must consult
organised local government in the province, as well as the affected municipalities.
As was previously mentioned, there are various ways in which municipalities can be
organised to perform their tasks. Section 155(1)1 of the Constitution of 1996 and
Chapter 1 of this Act provides for categories and types of municipalities that may be
established. In this regard, it contains criteria for determining when an area must
have a Category A, B or C municipality:
A Category A municipality is a metropolitan area (metropolitan
municipalities). For a municipality to have Category A status it must be
regarded as a conurbation featuring areas with a high population density;
an intense movement of people, goods and services; extensive
development; and multiple business districts and industrial areas.
Furthermore, it must be a centre of economic activity with a complex and
diverse economy; be a single area that would benefit from integrated
development planning; and have strong interdependent social and
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economic linkages between its constituent units (Section 2). This type of
municipality has exclusive municipal, legislative and executive authority in
its jurisdiction area. In other words, there is only one municipal council in a
municipal area. Tshwane Metropolitan Municipality is an example of a
Category A municipality.
A Category B municipality (local municipality) shares its municipal
executive and legislative authority in its designated area with a Category C
municipality (district municipality) within its area.
A Category C municipality (district municipalities – previously known as
regional services councils (RSC) or service boards) has a municipal
executive and legislative authority in an area that includes more than one
municipality. These are: cross-boundary/border district councils and
municipalities – municipal areas that are demarcated across provincial
borders; and district management areas that form part of a district
municipality. They have no local municipality and are governed only by a
district council alone.
The Act furthermore provides for the following systems for municipalities:
A collective executive system that allows for the exercise of executive
authority, with an executive committee in which the municipality’s
executive leadership is collectively vested. An executive mayoral system
that allows for the exercise of executive authority through an executive
mayor in whom the executive leadership of the municipality is vested and
who is assisted by a mayoral committee.
A plenary executive system that limits the exercise of executive authority
to the municipal council itself.
A sub-council participatory system that allows for delegated powers to be
exercised by sub-councils established for parts of the municipality.
A ward participatory system that allows for matters of local concern to
wards to be dealt with by committees established for wards (Section 7).
The Municipal Structures Act ‘arranges’ the local government system in South Africa.
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It provides for local government models to be implemented and provides for a ward
committee mechanism to enhance community participation in municipal activities.
The Act furthermore provides for the composition, membership, operation and
dissolution of municipal councils (Chapter 3). The Act also determines the objectives
for local government and indicates, inter alia, that the municipal council should:
strive within its capacity to achieve the objectives set out in Section 152 of
the Constitution;
annually review the community’s needs; its priorities to meet those needs;
its processes for involving the community; its organisational and delivery
mechanisms for meeting the community’s needs; and its overall
performance in achieving the aforementioned objectives; and
develop mechanisms to consult the community and community
organisations in performing its functions and exercising its authority
(Section 19).
The Act also provides, inter alia, for the election and functions of mayors and
speakers of municipalities. The Act also deals with the internal structures and
functionaries of a municipality, as well as the establishment, functions and powers of
ward committees. The division of powers between the local municipality and the
district municipality is prescribed in Section 84 of the Municipal Structures Act.
In Chapter 4, the Municipal Structures Act of 1998 also provides for the
establishment of different kinds of committees. The various kinds of committees are
briefly explored below.
3.4.1.2 Executive Committee
Particular categories of municipalities may establish an executive committee in terms
of Section 44 of the Municipal Structures Act. Such committees may not consist of
more than twenty per cent of the councillors, or ten councillors (whichever is the
least). An executive committee’s composition must be substantially representative of
the parties represented in council. The executive committee’s functions and powers
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are provided for in section 44 of the Municipal Structures Act of 1998. It inter alia
assigns the following powers and functions to the executive committee. It:
(i). is the principal committee of council (where it has been established).
(ii). receives reports from other committees and forwards them with comments
to council.
(iii). must identify the municipality’s needs.
(iv). must review and prioritise the needs.
(v). must recommend to council strategies, programmes and services to
address the needs.
(vi). must recommend to council the relative, most effective way of delivering
the strategies (such as through partnerships).
(vii). must identify the criteria to measure the progress after the strategies have
been implemented.
(viii). must evaluate progress against key performance indicators.
(ix). must review a municipality’s performance in order to improve efficiency
and effectiveness.
(x). must monitor the administration of a municipality according to the council’s
policy directives.
(xi). must oversee the provision of services to the community.
(xii). must perform functions delegated to it by council.
(xiii). must report annually to council on community involvement.
(xiv). must ensure that public views are considered.
3.4.1.3 Other committees
Most councils have a number of council committees that specialise in specific areas.
Councillors then get an opportunity to dedicate time to specific issues and to become
experts in those matters. Committees make recommendations to council and save the
council from having to deal with all matters in detail. Committees do not make final
decisions, since most decisions need approval by council as a whole. There are three
different types of committees.
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Portfolio committees - These are the most common and usually have the same
names as the different council departments, such as health, planning and finance
committees. The Municipal Structures Act of 1998 allows for two types of committees,
namely Section 80 and Section 79 committees. Portfolio committees are usually dealt
with in terms of Section 80 of the Act. Section 80 committees are usually permanent
and specialise in one area of work and are sometimes given the right to make
decisions over small issues. Section 80 committees will also advise executive
committees on policy matters and make recommendations to council.
Geographically-based committees - These are set up to deal with issues in a specific
area. This system is usually used in large metropolitan municipalities that also have
sub-councils.
Issue-related committees – These may be set up to deal with a specific issue in a
way that involves people from different committees. This helps to stop problems from
being treated in isolation. Issue-related and special-function committees are dealt with
in accordance with Section 79 of the Act. Section 79 committees are usually temporary
and appointed by the executive committee as needed. They are usually set up to
investigate a particular issue and do not have any decision-making powers. As with
Section 80 committees, they can also make recommendations to council. Section 79
committees are usually disbanded once they have completed their task. Outside
experts as well as councillors can be included in Section 79 committees.
In terms of office-bearers and structures for municipal decision-making, the
Municipal Structures Act of 1998 makes provision for the following:
The Speaker
Section 36 of the Municipal Structures Act of 1998 provides for the election of a
Speaker of council to act as council chairperson. Section 37 of the Act highlights the
functions and duties of the Speaker. This includes ensuring that council meets
regularly; that the rules of order are followed; and the code of conduct is honoured.
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The Municipal Structures Act states that the Speaker must ensure that the council
and committees comply with the code of conduct for councillors. This requires, at a
minimum, that the Speaker must establish a communication system with the
executive mayor as chairperson of the mayoral committee to discuss matters relating
to the code of conduct. The Executive Mayor should inform the Speaker of issues
related to and possible transgressions of the code of conduct. An example includes
councillors’ attendance of committee meetings. The same attendance rule applies to
council and committee meetings.
The Speaker has the following functions in terms of Section 37 of the Municipal
Structures Act: He/she:
presides over council meetings;
performs duties and exercises powers delegated in terms of Section 32 of
the Municipal Structures Act;
ensures that council meets at least quarterly;
maintains order during council meetings;
ensures that the council or council committees comply with the code of
conduct;
ensures that meetings are conducted in terms of the rules of order, for
example freedom of debate must be protected and limited when
necessary; and
ensures that an agenda is sent out timeously and that proper minutes are
recorded of proceedings.
The Speaker is responsible for overseeing the legislative process of the municipal
council and must ensure that draft by-laws are published for comments; that proper
notice is given to councillors; and that a proper consultation process takes place.
As chairperson of the municipal council the Speaker must ensure that policy is
formulated with regard to procedures that endorse the code of conduct. The Speaker
must ensure that councillors who cannot attend a meeting submit a written
application for leave of absence and that approval or consent is obtained at the said
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meeting. Policy must also be formulated with respect to the treatment of confidential
information. Subject to the rules of order, the Speaker must manage debate in
council to allow for freedom of speech or to limit debate.
The Speaker is also responsible for communication with the community. Therefore,
his/her office would manage the ward committees and liaise with the respective
councillors in this regard. He/she is furthermore responsible for communication with
the whips of the respective political parties.
The Mayor A municipal council must elect a member of its executive committee (in cases where
this type of committee has been instituted) as the Mayor and may with the approval
of the MEC elect a Deputy Mayor. The Mayor’s functions include (Section 49) to:
o preside over executive committee meetings;
o perform duties, including ceremonial functions; and
o exercise the powers delegated to him/her by the council executive
committee
The Executive Mayor Municipalities that are entitled to an Executive Mayor include:
o metropolitan councils with a mayoral executive system;
o metropolitan councils with a mayoral executive system that is combined
with a sub-council participatory system;
o metropolitan councils with a mayoral executive system that is combined
with a ward participatory system;
o metropolitan councils with a mayoral executive system that is combined
with both a sub-council and a ward participatory system;
o local councils (category B) with a mayoral executive committee system;
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o local councils with a mayoral executive system that is combined with a
ward participatory system; and
o district councils (category C) with a mayoral executive system.
With a few exceptions, an Executive Mayor’s functions are similar to those of the
Executive Committee. The Executive Mayor presides at mayoral committee
meetings. This implies that he/she should be responsible for preparing the agenda
that is circulated to mayoral committee members prior to any meeting. Items for the
agenda originate from various sources in the municipality, such as the
administration, portfolio committees, motions submitted by councillors and written
questions submitted by councillors. The Executive Mayor must, for instance, ensure
that the different reports that are submitted to the mayoral committee are complete,
are arranged in logical order in the agenda; and are submitted in time to be included
in the agenda. He/she must also ensure that agendas are dispatched to mayoral
committee members in reasonable timeframes to ensure that they have adequate
time to prepare for meetings. The Executive Mayor should ensure that there are
adequate facilities and resources for keeping minutes of mayoral committee
meetings and other activities involving the mayoral committee, such as public
meetings and hearings. Furthermore, the Executive Mayor should ensure that
minutes are high quality, correct and accessible to councillors, employees and the
public.
Mayoral Committee In a municipal council with more than nine members its Executive Mayor (where the
system is in operation):
o must appoint a mayoral committee from among the councillors to assist
him/her;
o may delegate specific responsibilities to each committee member;
o may delegate any of his/her powers to the respective members; and
o may dismiss a mayoral committee member
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Where a municipal council has designated a power or function to the Executive
Mayor, he/she must exercise or perform this duty in conjunction with the other
mayoral committee members (Section 60(3)). Should the Executive Mayor vacate
his/her office the mayoral committee that he/she appointed is dissolved. Mayoral
committees need not be representative of the parties that form part of the council.
Metropolitan sub-councils
Metropolitan sub-councils are only established in metropolitan municipalities with a
collective executive system that is combined with a ward participatory system; a
collective executive system that is combined with both a sub-council and a ward
participatory system; a mayoral executive system that is combined with a sub-council
participatory system; and a mayoral executive system that is combined with both a
sub-council and a ward participatory system.
A sub-council consists of the councillors representing the wards that are included in
the sub-council area, as well as an additional number of councillors that are
determined by the metropolitan council. The total number of councillors must be in
proportion to the number of registered voters in the area, as well as the total number
of voters registered for the municipality. To obtain proportional representation, the
sub-council members consist of councillors that are elected to the council from party
lists. A metropolitan sub-council appoints its own Chairperson.
A metropolitan sub-council performs the duties and powers in terms of the council’s
authority to delegate particular functions; it may make recommendations to council
on matters that affect its area; and may advise council on what duties and powers
should be delegated to it.
Ward committees The implementation of the ward committee system is one of the major developments
with regard to local democracy and community participation. Most municipal areas
are divided into wards for the purposes of local government elections. The ward
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participatory system of municipal government allows for the establishment of ward
committees to facilitate community participation in local government matters. Ward
committees can also improve communication between the municipal council and
local communities. Furthermore, they can play a role in identifying community needs
and fine-tuning municipal programmes to accommodate local circumstances.
The Local Government: Municipal Structures Act of 1998 provides for ward
committees and limits the number of ward committee members to ten individuals
(excluding the ward councillor). Their tasks include to:
o prepare, implement and review integrated development plans (IDPs);
o establish, implement and review municipalities’ performance-management
systems;
o monitor and review municipalities’ performance;
o prepare municipalities’ budgets;
o participate in decisions about the provision of municipal services; and
o communicate and disseminate information on governance matters.
The ward participatory system allows committees that are established for wards to
address matters of local concern. This gives residents a more direct voice in the
governance of their neighbourhood. It enhances participatory democracy in local
government by providing a vehicle for local communities to make their views and
needs known to the municipal council.
Only ‘ward participatory’ type local or metropolitan municipalities can establish ward
committees. The establishment notice (Section 12 notice) of a municipality
determines whether that particular municipality is of the ‘ward participatory type’.
Each ward committee consists of the councillor who represents that ward and a
maximum of ten other persons from the ward area. The ward councillor must act as
the ward committee’s chairperson. The ward committee members participate in the
ward committee on a voluntary basis, and will not be remunerated. If a municipal
council establishes ward committees, it must make rules regarding:
o how the ward committee members will be appointed;
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o the frequency of ward committee meetings; and
o the circumstances under which a ward committee member must vacate
office.
When the municipal council is deciding how the members of ward committees will be
appointed, it should try to ensure that a diversity of interests is represented. Different
groups in the local community have different opinions, needs and experiences. A
diversity of opinions will make the ward committee a vibrant democratic structure.
Ward councillors are directly elected to represent and serve the people in specific
wards. There are usually between 3 000 and 20 000 voters in a ward. The job of
ward councillors is not simple, and effectively representing the interests of voters in
one ward can sometimes cause conflict in the council. Most ward councillors are also
members of political parties and have a dual accountability to both their party and the
voters. The party is responsible for looking after the entire area and to consider all
residents. This means that ward councillors from a party cannot put the interests of
people in the ward above the party’s policies for the municipality as a whole. Ward
councillors should ensure that the interests of the people in their wards are
represented as properly as possible. They should keep abreast of the issues in their
areas; understand the key problems; and monitor development and service delivery.
In committees, caucus and council meetings, ward councillors should act as
spokespersons for the people in their wards.
Ward councillors function as direct links between the council and the voters. It is their
responsibility to make sure that voters are consulted and kept informed about council
decisions; development and budget plans; and any council programmes that will
affect them. Ward councillors are also the voice of the municipality in the wards.
People will bring all kinds of problems and issues to them and expect that they will
be addressed immediately. Ward councillors should take this role seriously. Where
possible, people should be given advice and assistance to solve their problems.
Some issues may have to be taken up with municipal officials. In many cases the
municipality cannot solve the problems itself. In these cases, people need to be
referred to other services.
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In terms of Section 72 of the Municipal Structures Act of 1998, ward committees may
be established in councils where a collective executive system is combined with a
ward system; a collective system is combined with both a sub-council and ward
participatory system; a mayoral executive system is combined with a ward
participatory system; and a mayoral executive system is combined with both a sub-
council and a ward participatory system. Ward committees may be established in
local councils (category B) where a collective executive system is combined with a
ward participatory system; a mayoral executive system is combined with a ward
participatory system; and a plenary executive system is combined with a ward
participatory system.
The council must make rules that regulate the committee’s election procedures.
Furthermore, attention should be paid to the requirement that women should be
equitably represented and that the diversity of interests in the ward are represented.
The council may make administrative arrangements to enable ward committees to
operate effectively, such as assigning an official to perform secretarial duties. A ward
committee may advise the ward councillor on any matter affecting its ward, or
through the ward councillor to the council, the executive committee, the Executive
Mayor, or where applicable to the metropolitan sub-council. Furthermore, the ward
committee may perform the council-delegated duties and functions.
The finalisation of municipal structures resulted in the adoption of the Municipal
Systems Act of 2000, to establish the basic principles and mechanisms to give effect
to the vision of developmental local government, as espoused by the WPLG. The
contents of this Act will be explained in the following paragraphs.
Section 73(2)(b) of the Municipal Structures Act of 1998 limits the number of ward
committee members to ten individuals (excluding the ward councillor). If there are
more than ten members, the committee must be redefined as an ‘ordinary’ advisory
committee in terms of Section 17(4) of the Municipal Systems Act of 2000. This
provision allows a municipality to establish advisory committees consisting of non-
council members. There is no limit to the number of members of these advisory
committees.
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3.4.2 Local Government: Municipal Systems Act of 2000 (Act 32 of 2000)
The Municipal Systems Act can be described as one of the three pillars on which the
legal regime of local government is built – the other two are the Municipal
Demarcation Act and the Municipal Structures Act. These pieces of legislation
currently complete the process of reviewing and reforming the overall regulatory
system for local government. Moreover, it has enabled Government to repeal
virtually the entire body of legislation and provincial ordinances that were inherited
from the Apartheid era. The Act is complemented by, and aligned with, finance
legislation dealing with financial management, budgeting, borrowing and treasury
control as well as legislation related to reforming the property rating and taxation
system. In this regard, reference is made to the Municipal Finance Management Act
of 2003 (Act 56 of 2003) as well as the Property Rating Act of 2004 (Act 6 of 2004).
The purpose of the Municipal Systems Act is the following:
To provide for the necessary core principles, mechanisms and processes that
will enable municipalities to move progressively towards the social and
economic upliftment of local communities.
To ensure universal access to affordable essential services.
To define the legal nature of a municipality. This includes the local community
within the municipal area, as well as 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 that underpins the notion of developmental local government.
To provide a framework for local public administration and human resource
development.
To empower the poor and to ensure that municipalities implement service
tariffs and credit control policies that take their needs into account. This
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should be done by providing a framework for the provision of services, service
delivery agreements and municipal districts.
To provide for credit control and debt collection.
To establish a framework for support, monitoring and standard setting by
other spheres of Government. This is in order to progressively build local
government into an efficient, frontline development agency that is capable of
integrating the activities of all spheres of Government. The ultimate aim is to
facilitate the overall social and economic upliftment of communities that live in
harmony with their local natural environment.
To provide for legal matters pertaining to local government.
To provide for matters incidental thereto.
The Act provides for the following matters: Chapter 1 discusses the interpretation,
while Chapter 2 focuses on the legal nature, rights and duties of municipalities.
Chapter 3 deals with municipal functions and powers, while Chapter 4 covers
community participation. In Chapter 5, the focus falls on integrated development
planning and includes the general aspects of municipal planning; the contents of
integrated development plans; the process for planning, drafting, adopting and
reviewing integrated development plans; and miscellaneous aspects. Chapter 6
focuses on performance management and Chapter 7 deals with local public
administration and human resources. These aspects include basic principles,
political structures, political office-bearers and roles, the delegation system, staff
matters and miscellaneous aspects in terms of regulations and guidelines. Chapter 8
deals with municipal services such as service tariffs, the provision of services,
service delivery agreements involving competitive bidding, internal municipal service
districts and the regulations and guidelines regarding municipal services. Chapter 8
also focuses on municipal entities and includes general provisions, such as the kinds
of municipal entities, private companies, service utilities, multi-jurisdictional service
utilities, duties and responsibilities of parent municipalities, governance of municipal
entities and general aspects.
Chapter 9 of the Act focuses on credit control and debt collection and Chapter 10 on
provincial and national monitoring and standard setting. This chapter also covers
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miscellaneous matters such as the codes of conduct for councillors and municipal
staff members. Chapter 11 deals with legal matters.
The Municipal Systems Act focuses on the internal systems and administration of
municipalities. Importantly, it endeavours to redress historical backlogs and
imbalances and in the process it has become the primary service delivery
mechanism that fundamentally affects the daily lives of the ordinary citizens. The
preamble of the Act states that local government should fundamentally be
developmentally orientated; and should address the social and economic upliftment
of communities by providing basic services – especially to the poorer section of the
community. Therefore, the Act prescribes community participation (Chapter 4) and
the development and adoption of an IDP. This will help enable municipalities to
actively engage with the communities they serve and perform their functions in an
efficient, effective and transparent manner. However, this can only happen if
municipalities are financially and economically viable.
The Municipal Systems Act may be regarded as a policy statement and the
concretising of a philosophy that is based on the principle of a better life for all South
Africans. Although it lacks detailed directives, the Minister of Provincial and Local
Government will provide these directives in terms of Section 104 of the Act.
Alternatively, guidelines can be issued in accordance with Section 120 of the Act.
Therefore, the Act has an enabling rather than a prescriptive nature.
However, mandatory provisions in the Act relate to the extent that the fundamental
elements of public sector reform, socio-economic development, delivery of basic
services and public reporting and accountability need to be uniformly applied on a
country-wide basis. The Act contains processes and elements that provide the
foundation for a developmental system of local government, as envisaged in the
WPLG. These include participatory governance, integrated development planning,
performance management, reporting resource allocation and organisational change
(Chapters 4-7). These aspects will be discussed in the following chapter. Chapter 8
of the Municipal Systems Act provides for municipal services that should be
rendered. This will give effect to constitutional provisions such as prioritising a local
community’s basic needs; promoting the development of the local community; and
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ensuring that all members of that community have access to at least the minimum
level of basic services (Section 73). In terms of Section 76 of the Municipal Systems
Act, a municipality must adopt and implement a tariff policy on the levying of
municipal fees. The tariff policy must include aspects such as:
equitable treatment of municipal service users;
a proportionality between the use of the service and the amount paid;
providing access to services for poor households. This can be done by
charging only operating and maintenance costs, providing life-line tariffs or
subsidising tariffs;
transparency with regard to tariffs. The costs associated with rendering the
service should preferably be indicated. This includes capital, operating,
maintenance, administration and replacement costs plus interest charges;
the pursuit of financial sustainability of service rendering. It can take into
account subsidisation from other sources (such as the equitable share from
the fiscus to a municipality);
surcharges may be provided for;
local economic development can be promoted through special tariffs. Special
discounts could perhaps be given to large-scale water consumers – especially
if the municipality is located in a water-rich area;
the economical, efficient and effective use of resources; and
the full disclosure of the extent of subsidies for poor households.
The deduction can be made that the abovementioned stipulations in the Act are
specifically aimed at ensuring that municipalities receive an income. Furthermore, it
prevents a situation where, for instance, a municipality can unilaterally decide to
have no tariff structure for political or other reasons. The tariff policy may differentiate
between different users on a host of grounds – provided that it does not amount to
unfair discrimination. Non-payment for services influences the tariff policy and will be
explained in a later chapter of this dissertation.
In terms of Section 76 of the Municipal Systems Act, two broad categories for the
provision of services are envisaged, namely internal and external mechanisms.
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Internal mechanisms refer to a department within the municipality, such as the
technical services department. External mechanisms could be a municipal entity, an
organ of state, a community-based organisation or a non-governmental organisation
(see Chapter Two). When a municipality has to decide on a mechanism for providing
a municipal service or to review any existing mechanism (in terms of Section 77), it
must (in terms of Section 78) first assess the following:
The direct and indirect costs and benefits if the services are provided by an
internal mechanism. This includes the expected effect on the environment, as
well as on human health, well-being and safety.
The existing and future capacity of the municipality to furnish the necessary
skills, expertise and resources to provide such a service through an internal
mechanism. Resources include financial resources, such as loan funding for
the development of a capital project.
Whether the service could be provided internally by re-organising its
administration and developing the human resource capacity (Section 51 and 68
respectively).
The likely impact on development, job creation and employment patterns in the
municipality.
The views of organised labour
Developing trends in the sustainable provision of municipal services in general.
Notably, this section of the Act enforces accountability from municipalities in that a
particular process must be followed prior to the appointing of alternative municipal
service providers.
According to the Municipal Systems Act of 2000, the following sections are relevant
in terms of public service delivery and customer service excellence:
Section 4(2): “The Council of a Municipality, within the municipality's financial and
administrative capacity and having regard to practical considerations, has the duty
to:
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(a) Strive to ensure that municipal services are provided to the local
community in a financially and environmentally sustainable manner.
(b) Consult the local community about the level, quality, range and impact on
municipal services provided by the municipality, either directly or
through another service provider and the available options for service
delivery.
(c) Give members of the local community equitable access to the municipal
services to which they are entitled.
(d) Promote a safe and healthy environment in the municipality”.
Section 16(1)(a): “A municipality must develop a culture of municipal governance
that complements formal representative government with a system of participatory
governance, and must for this purpose encourage, and create conditions for the local
community to participate in the affairs of the municipality, including:
(i). The monitoring and review of its performance, including the outcomes
and impact of such performance.”
Section 51: “A municipality must within its administrative and financial capacity
establishes and organise its administration in a manner that would enable the
municipality to:
a) be responsive to the needs of the local community;
b) facilitate a culture of public service and accountability amongst its staff;
c) be performance - orientated and focused on the objects of local
government set out in section 153 of the Constitution and its
developmental duties as required by section 153 of the Constitution.”
The Municipal System Act 32 of 2000 also provides detail about the role and
functions of executive mayors (see also the above section):
Section 4 states that the council has the right to govern and finance a
municipality’s affairs. The municipality’s financial means must also be used in
the local community’s best interest. Municipalities must provide a democratic
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and accountable government without favour or prejudice. Furthermore,
municipalities must also encourage the local community’s involvement and
strive to provide sustainable services. This refers to the municipality’s financial
matters, as well as the political and managerial role of the office of the
Executive Mayor. This is the exclusive role of the Executive Mayor.
Section 16 states that a municipality must develop a culture of municipal
governance that complements formal representative government with a system
of participatory governance. Municipalities could encourage participation by
creating conditions for participation, such as by communicating information to
the community concerning municipal activities. This is also a function of the
office of the Executive Mayor.
Section 17 states that municipalities must establish appropriate mechanisms,
processes and procedures that will enable the local community to participate in
municipal affairs, while municipalities must take the special needs of their
communities into consideration. Among other things, this refers to the public
relations function of the Executive Mayor.
The Executive Mayor is also responsible for managing the drafting of the integrated
development plan (IDP) and to submit the draft plan to the council for acceptance.
The Executive Mayor should assign all responsibilities in this regard to the Municipal
Manager.
3.4.3 Municipal Financial Management Act of 2003 (Act 56 of 2003)
The Municipal Financial Management Act (MFMA) was adopted by Parliament on 26
November 2003 and assented to by the President on 9 February 2004, as published
in the Government Gazette 26019. The MFMA applies to all municipalities and
municipal entities. It also applies to national and provincial governments,
departments and public entities in instances where they have financial dealings with
municipalities. The MFMA aims to modernise budget and financial management
practices by making local government finances more sustainable. It also aims to
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implement a sound financial governance framework by clarifying and separating the
roles and responsibilities of the Mayor, executive and non-executive councillors and
officials. It consequently serves to maximise municipalities’ capacity to deliver
services to all residents, customers, users and investors (National Treasury 2004).
The underlying principles in the MFMA form the basis of the key reforms envisaged
in the Act and are consistent with other local government legislation. It is anticipated
that these principles and subsequent specific reforms will encourage a stronger,
better-managed and more accountable local government sphere; one that is better
placed to meet the emerging needs and expectations of the different communities
(National Treasury 2004).
The MFMA addresses a number of financial and fiscal reforms. The most significant
ones include the budget process and its link to the lDP; accounting standards and
formats; the establishment of audit committees and other internal controls;
improvements to procurement and supply chain management; performance
measurement reporting; staff competency levels; and new mechanisms to resolve
financial problems and misconduct (National Treasury 2004).
The MFMA must be read in conjunction with other complementary national
legislation in order to interpret the underlying policy correctly and understand it fully.
This legislation includes:
Sections 230 (a) and 139 of the Constitution (as amended in 2002 and 2003)
that provide for borrowing and intervention respectively;
the Municipal Systems Act of 2000 (Act 32 of 2000) (as amended by Act 44 of
2003) that aligns provisions relating to establishing entities and external
providers. It also deals with the process of preparing lDPs and establishing a
performance-based measurement system; and
the annual Division of Revenue Act of 2011 (Act 6 0f 2011) that influences
municipal allocations and monthly reporting (National Treasury, 2004).
The MFMA repeals the provisions of the Local Government Transition Act of 1993
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(Act 209 of 1993) (Section 10) and other legislation. It takes precedence over various
provincial ordinances – especially documents that are in conflict with the MFMA
(National Treasury, 2004).
3.5 Summary
Chapter Three focused on the substance of Local Government. It provided general
background information on the underlying legislative and institutional framework
before focusing on the institutional, developmental and transformational dimensions
of local governance. The all-important role of the Constitution; legislative and
evolving policy context; and service delivery strategies in South Africa was
discussed. Notably, this chapter highlighted the initiatives and legislation that support
Local Government objectives and ideals. The details of how Local Government is
structured and how it operates are contained in a number of supplementary pieces of
legislation. Notably, these all-important documents need to be read and interpreted
in conjunction with the Constitution in order to understand the full scope of the local
government system in South Africa.
Moreover, this chapter discussed the three categories of municipalities, as set out in
Section 155(1) of the Constitution. The characteristics of Category A, B and C
municipalities, as contained in Sections 8, 9 and 10 of the Municipal Structures Act
of 1998, were investigated. Broadly, Category A represents metropolitan councils,
Category B local councils and Category C district councils. As directed by the
Constitution, the Municipal Structures Act of 1998 contains criteria for determining
when an area is considered a Category A municipality (metropolitan municipalities)
and when municipalities are categorised as Category B (local municipalities) or
Category C (district municipalities). This chapter highlighted the most important
characteristics of all three municipal categories, as this will help one to comprehend
the relationship that is required to ensure efficient and effective municipal service
delivery for the country as a whole.
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CHAPTER FOUR
STRUCTURAL, FUNCTIONAL AND INSTITUTIONAL VARIABLES INFLUENCING SERVICE DELIVERY IN METROPOLITAN LOCAL GOVERNMENT
4.1 Introduction
Extensive constitutional changes have presented local government with a host of
problems. Such changes have been mainly political. Devolution of power has given local
authorities greater responsibility, which will require the use of good governance practices,
especially for determining priorities and decision-making. The transformation of local
government and the emphasis on developmental local government will instill heavy
demands on officials and politicians at this level.
This chapter aims to provide a structural functional framework of variables that influence
service delivery in local government. This is in order to describe and explain the
interaction between the structural, functional and institutional powers and functions that
might influence the nature of the problems that influence service delivery in municipalities.
Most of the observations in the chapter are based on the information obtained in the
previous chapters. In addition, observations are also based on a documentary analysis of
the relevant legislation, policy documents, as well as secondary literature-based
information.
This chapter aims to answer the third secondary research question posed in chapter one
(see section 1.3): What is the nature of the interaction of the structural, functional, decision-making and institutional variables influencing metropolitan functions, powers, governance, accountability and co-operative developmental local government?
Therefore, the chapter sets out to clarify certain objectives that were posed in chapter one
(see section 1.4):
To clarify local government’s function and the institutional role of municipalities, with a focus on municipalities’ structural framework, functions and powers.
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In this regard, the chapter highlights the nature and context of municipal governance in
South Africa. This is done by clarifying the concepts of ‘local’ and ‘municipalities’ when
used in relation to government. Attention is also paid to a municipality as an institutional
entity and a municipality as a geographic area. The key characteristics of local
government are also highlighted.
To provide the structural framework of municipalities in terms of municipal categories. Special reference is made to the role of Category A municipalities in the context of a metropolitan municipality.
In addition to the above objective, attention is paid to the municipal functions and powers,
while the assignment of functions to municipalities is also highlighted. In terms of Category
A municipalities (metros), a discussion of the definition of a metropolitan area; the
objectives of metropolitan government; methods of metropolitisation; the demarcation of
municipalities; demarcating a metropolitan area; and the criteria for demarcating
metropolitan boundaries is provided. The context of Category B and Category C
municipalities is also briefly discussed.
To explore the context of how mechanisms are applied to ensure good governance and accountability in a municipality.
With regard to the above, the chapter discusses the nature of the various mechanisms to
ensure good local governance, such as internal procedures, meetings, disclosure of
interests and personal gain, gifts, violating the code of conduct, disclosing information,
intervention in the administration, a council’s failure as a legislature, misgovernment by
the council, executive committee and the executive mayor, irresponsiveness and
productiveness.
To explain the decision-making products of a municipal council.
In this chapter, the relevant decision-making products of a municipal council are evaluated
on the basis of the legislative provisions that are noted in chapter three. Attention is paid
to the cycle of decision-making, as well as when issues are raised with council, such as
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petitions, questions to council, requests, standing orders, resolutions, motions and the
process of by-laws.
To explain the role of accountability and service delivery in a municipality
The chapter also pays attention to the role of accountability in terms of service delivery,
the mechanisms whereby councilors are appointed, as well as how officials give account
of the activities for which they are responsible. Furthermore, attention is paid to municipal
elections, questions, the Constitutional Court’s role, auditing and the role of the council in
terms of accountability.
To discuss the context of co-operative and developmental government
In this regard, the chapter explains the variables that influence co-operative government
with regard to the context of co-operative governance, citizen participation in co-operative
government and intergovernmental relations. In terms of the variables that influence
developmental government, attention is paid to the characteristics of this system of
governance. Local government faces certain challenges with regard to adapting to its new
role. This includes variables such as institutional, developmental, fiscal and financial
transformation.
Lastly, this chapter pays attention to the study objective “To highlight the role of integrated development planning, performance management, supply chain management and risk management as variables influencing the structural/functional framework of a municipality”. 4.2 The nature and context of municipal governance in South Africa
Government is a distinct part of society that has assumed the responsibility to:
protect the members of that society;
regulate the interaction among its members;
stimulate and guide development and growth in that society, and
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take care of those members of society that cannot take care of themselves
(welfare) (cf. Nyamukachi 2004).
Government can be self-appointed and can stay in control by exercising brute force (in a
dictatorship or otherwise authoritarian regime) or it can be nominated periodically or
elected by other members of society for that purpose and with a specific mandate (in a
democracy).
Government can operate at different levels in society. The most prevalent levels of
government are found at a national or central level, while other spheres of government are
at regional and local community levels. The different levels of government can be more or
less autonomous from each other, while the lower levels of government are normally
subordinate to the higher levels of government.
4.3 Clarifying ‘local’ government and ‘municipalities’
The word ‘local’ refers to a particular place, but when it is used in relation to government it
refers to a particular part of a geographically defined area, such as a region or province (cf.
Nyamukhachi 2004). Section 151(1) of the Constitution of 1996, for example, provides that
“…the local sphere of government consists of municipalities” (see section 3.2.4.1).
Municipalities refer to the organisational and administrative structures of local government.
The Municipal Structures Act of 1998 defines a municipality as an organ of state within the
local sphere of government consisting of political structures, office-bearers and the
municipality’s administration; a geographic area; and the community of the municipality.
Essentially, this means that a municipality consists of political and administrative
structures (municipal institution) and the people who live in the local area. The term
municipality can also be used to refer to the local area that falls within a municipal
boundary. The municipal institution is an organ of state within the local sphere of
government that exercises legislative and executive authority (Dye and Hawkins 1971:78).
Therefore, the word ‘municipal’ has the same meaning as ‘local’. A municipality or municipal
area refers to the local or municipal government’s area of jurisdiction. The concept ‘local
government’ is used to refer to the third tier of Government. ‘Municipalities’, in turn, refer to
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the institutional entities within the local government sphere that are responsible for service
delivery.
According to Reddy (1996:9), the local level of government was created to bring government
closer to the community. The ultimate aim is to give communities a sense of participation in
the political decisions that influence their lives. They were created to provide essential
services and goods to all South African citizens. Therefore, local government is a
decentralised, representative government institution within a specific geographical area
(jurisdiction).
4.3.1 A municipality as an institutional entity
According to the Municipal Systems Act of 2000 (Section 2), when a municipality is
referred to as an entity, it exercises legislative and executive authority within a specific
demarcated jurisdiction area. Notably, this jurisdiction includes the political structures and
administration of the municipality; the community; functions in its area, political office-
bearers; its administration; and a separate legal personality (see section 3.3.3).
4.3.2 A municipality as a geographic area
A municipality, when referred to as a geographic area, means a municipal area
determined in terms of the Demarcation Act of 1998 (see section 3.3.1). Section 153(a) of
the Constitution defines a municipality’s role in the sense that it must “…structure and
manage its administration and budgeting and planning processes to give priority to the
basic needs of the community, and to promote the social and economic development of
the community ...” (see section 3.3.4.2 and 3.3.4.3). In playing their role, municipal
councils have a duty to:
use their resources in communities’ best interests;
govern in a democratic and accountable fashion;
encourage communities to be involved in local government affairs;
provide services to the community; and
ensure that the environment is safe and healthy (cf. Nabe 2000:32).
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4.4 Key characteristics of local government
Reddy (1996:10) highlights the following key characteristics of local government:
Locality – This refers to a relatively small geographical area where a sense of
community consciousness is evident.
Legal personality – This refers to the constitutional arrangements, legislation, and
regulations that define the powers of local government.
Autonomy – This refers to local government’s ability to make binding decisions and
policy choices within a legally stipulated framework; to allocate resources; and to
provide locally specific services.
Governmental powers – This refers to the authority to carry out formal governmental
functions, such as collecting revenue, allocating resources and making political
choices.
Participation and representation – This refers to the way in which community
representatives are elected or appointed to serve people, as well as the way in which
people have the opportunity to participate in government affairs.
Each country’s constitution specifies local government’s position within state machinery,
as well as the objectives, roles and functions thereof. As noted in section 3.3.4.3, local
government’s objectives are to:
provide local communities with democratic and accountable government;
provide sustainable services;
promote social and economic development;
promote a safe and healthy environment; and
encourage the involvement of communities and community organisations in the
local government matters (see Section 152 of the Constitution).
4.5 Overview of the structural framework of municipalities
As noted before (section 3.3.10.2), the Constitution provides for three municipal
categories. As directed by the Constitution, the Municipal Structures Act of 1998 contains
criteria for determining when an area is a Category A (metropolitan municipalities),
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Category B (local municipalities) or Category C (district municipalities). The Act also
determines that Category A municipalities can only be established in metropolitan areas.
Therefore, a metropolitan government is a cluster of local governments that amalgamated
into one large entity. For example, Pretoria, Centurion, Akasia and Mamelodi are
individual local authorities that form part of the City of Tshwane Metropolitan Municipality.
As all services have been co-ordinated, service delivery is of a higher quality. A
metropolitan government can deliver services such as water and electricity more cheaply
than individual local authorities. Richer local governments in the metropolitan area can
assist the poorer ones (cf. Nyamukhachi 2004:38).
The Constitution categorises metropolitan governments as Category A, which means they
have an executive and a legislative authority in an area with more than one municipality.
The National Legislature determines the criteria for deciding when municipalities should
fall under Category A, while the Provincial Legislature determines the different types of
municipalities to be established in its province. A metropolitan authority’s are basically
similar to that of the local authorities. The Constitution also provides for traditional leaders
to act as local-level instruments with regard to matters that affect local communities. The
National Legislature has made provision for a house of traditional leaders or a council for
traditional leaders (see section 3.3.10.2).
Section 12 of the Municipal Structures Act of 1998 requires the members of the executive
committee (MEC) of a province to establish a municipality in each municipal area, as
determined by the Demarcation Board (established in terms of the Municipal Demarcation
Act of 1998). The notice requires the MEC to inter alia set out the municipal category; type
of municipality (the type of executive); the municipality’s boundaries; the number of
councilors; and the division of functions and powers between Category B and Category C
municipalities within a particular area (as required in terms of Section 84 of the Act).
Metropolitan councils have single metropolitan budgets, common property ratings and
service tariff systems, as well as single employer bodies. South Africa currently has nine
metropolitan municipalities, namely:
Buffalo City (East London, Bhisho and King William’s Town);
City of Cape Town;
Ekurhuleni Metropolitan Municipality (East Rand);
City of eThekwini (Durban);
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City of Johannesburg;
Mangaung Municipality (Bloemfontein);
Msunduzi Municipality (Pietermaritzburg);
Nelson Mandela Metropolitan Municipality (Port Elizabeth); and
City of Tshwane (Pretoria).
The Section 12 Notice is of particular importance with regard to Category B and Category
C municipalities due to the division of powers and functions between the two categories.
Particular attention should also be paid to the amended Section 84 of the Municipal
Structures Act of 1998 (through Act 33 of 2000) concerning the functions that are
assigned to district councils (Category C municipalities). Section 85 of the Act is also
important, as it allows the MEC for local government in a province to adjust the division of
functions between district and local municipalities. In accordance with the capacities of
particular district and local municipalities in a province, the temporary allocation of
functions and powers is possible in terms of Section 87.
Category A municipalities are ‘stand-alone’ municipalities that were initially established for
six metropolitan areas (Mangaung was added in 2008). Category B municipalities are
located within the area of a district (Category C) municipality. Category A municipalities
are adjacent to, or in some cases surrounded by, district and local municipalities. Thus it is
important to note the characteristics of all three categories to comprehend the relationship
that is required to ensure efficient and effective municipal service rendering for the country
as a whole.
Metros are able to access a much greater share of funding from National Government.
Notably, this helps capacitate municipal administration and facilitate economic growth.
Metro status also helps to position these municipalities as key South African cities within
the global arena (cf. Nyamukhachi 2004:38).
Metropolitan councils may decentralise powers and functions. However, all original
municipal, legislative and executive powers remain vested in the metropolitan council. In
metropolitan areas, there is a choice of two types of executive systems – the mayoral
executive system, where executive authority is vested in the mayor; and the collective
executive committee system, where these powers are vested in the executive committee.
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Non-metropolitan areas consist of district and local councils. District councils are primarily
responsible for capacity-building and district-wide planning (cf. Nyamukhachi 2004:38).
4.6 Municipal functions and powers This section clarifies the functions and powers of the three municipal categories.
4.6.1 Assigning functions to municipalities
In terms of Section 9 of the Municipal Systems Act of 2000, a cabinet minister or deputy
minister may initiate the assignment of a function or power to municipalities via national
legislation. If this is contemplated, the Minister of Provincial and Local Government, the
National Minister of Finance and the South African Local Government Association
(SALGA) must be consulted. Furthermore, the Financial and Fiscal Commission should
assess the implications. Such draft legislation also needs to be published for comment
(see sections 3.3.10.2 and 3.3.3 in chapter three).
When an MEC initiates a function or a power by way of provincial legislation to
municipalities in a province, he/she has to consult the MEC responsible for finance in the
province, as well as the provincial branch of SALGA. Furthermore, any assessment by the
Financial and Fiscal Commission must be considered. Thereafter, the draft legislation
must be considered. Lastly, the draft legislation must be published for comment. In cases
where either the relevant national minister or the provincial MEC assigns functions or
powers, municipalities’ financial and administrative capacities to perform the function have
to be considered (Section 9(3) Municipal Systems Act of 2000) (see sections 3.3.10.2 and
3.3.3 in chapter three) .
4.6.2 Assigning functions to a specific municipality Either a national minister or a provincial MEC may initiate a function or power to be
assigned to a specific municipality. This may be done via national or provincial legislation
(see section 3.2.4). It may also be done by way of an agreement in terms of Section
156(4) of the Constitution. With regard to the general assignment of functions and
powers, the minister or the MEC has to consider the available financial and administrative
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capacity, or ensure that capacity-building is provided if the:
assignment imposes a duty on a municipality;
duty falls outside the scope of Schedule 4, Part B, or Schedule 5, Part B of the
Constitution of 1996; and
performance of the duty has financial implications for the municipality.
4.6.3 Category A municipalities
Before embarking on a discussion of a Category A municipality, it is necessary to briefly
mention the characteristics of a metropolitan municipality. This could serve as a basis to
understand why municipal legislation has made provision for this municipal category.
4.6.3.1 Metropolitan municipalities
The term ‘metropolitan’ refers to “... large urban settlements/areas with high population
densities and diversified economies and a high degree of functional integration across a
larger geographic area ... economic and social activities transcend municipal boundaries
and metropolitan residents may live in one locality, work in another and use recreational
facilities across the metropolitan area…” (White Paper on Local Government 1998: 2.1).
These Category A municipalities have exclusive and executive authority in their areas and
are often referred to as uni-cities or mega-cities. A number of factors contribute to the
establishment of metropolitan councils, as opposed to other forms of municipalities. The
White Paper on Local Government (WPLG) (1998:2.1) identifies the following reasons for
establishing a metropolitan government:
Firstly, a metropolitan municipality creates a basis for equitable and socially just
metropolitan governance. Subsequently, situations are avoided where the poor are not
well serviced with economic, recreational and social amenities, which was the case under
the apartheid system. According to the White Paper on Local Government, (1998:22a):
“Urban apartheid provided a legal framework for White municipalities to effectively exclude
the large Black majority of the urban poor and ensure that high, commercial development
fell within their jurisdiction. Although the consumer and labour power of township residents
contributed to the tax base of the White municipalities services in the townships were not
funded from this tax base.”
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Metropolitan municipalities provide a means of addressing such problems and ensure a
more equitable and just form of redistribution of resources that benefits all.
Secondly, a metropolitan council promotes strategic land-use planning and coordinates
public investment with regard to physical and social infrastructure. As large settlements,
metropolitan areas are functionally integrated, so that everyone can benefit from physical
and social infrastructure investment. Notably, the use of infrastructure cannot be
exclusive. For example, one municipal tax base may finance services such as roads, while
residents from other municipalities make use of these resources. Thus, all residents
across the metropolis should share costs through inclusive tax collection and a collective
budgeting process. Metropolitan governments enable such integrated planning to take
place.
Thirdly, a metropolitan council is able to develop a city-wide framework for economic and
social development and enhance the city’s economic competitiveness and well-being. This
is done through what is currently known as an Integrated Development Plan (lDP).
A typical metropolitan area contains most – if not all – of the following characteristics:
The area:
is extensively developed with residential premises covering the entire social
spectrum;
has more than one central business district. There are a number of industrial areas
with numerous and varying industrial activities – possibly with two or three
industries as the industrial sector’s main support base;
is densely populated and the population reflects a range of socio-economic
classes;
provides a wide range of goods- and service-related choices ;
experiences an intense movement of goods, services and people in different parts
of the metropolitan area; and
is characterised by a core city that is surrounded by a number of independent
satellite local authorities (in South Africa called municipalities) (cf. White Paper on
Local Government of 1998; Zimmerman 1968: 82 and Goodman 1980:67).
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A metropolitan area does not normally include rural areas. A metropolitan local
government is different from a regional government (such as a provincial government), as
the latter is responsible for regional services. The former is an extension of local
government that is established in densely populated and highly urbanised areas to obtain
coordinated action with regard to services that urbanised communities living in established
municipalities require.
The characteristics outlined above give a description of a metropolitan area, which can
accordingly be defined as a highly-developed, densely-populated area that is generally
considered to be separate from nearby rural areas. Furthermore, a metropolitan area is a
significant economic unit that offers a wide range of employment opportunities, goods and
services (cf. Nyamukhachi 2004:38).
4.6.3.2 Objectives of metropolitan government
The concept of metropolitanism evolved in other countries for reasons that are equally
valid in South Africa. These reasons can be deduced from the goals of metropolitanisation
that are outlined below. The primary goals of metropolitanisation in relation to South Africa
are to:
cope with the largely un-coordinated and fragmented growth of large, densely
populated urban areas. This is done by providing, managing and delivering public
goods and services that are best-provided and delivered on a wider scale than can
be done by individual municipalities. And in so doing, to promote the growth and
prosperity of a metropolitan area;
act as a development arm that channels resources obtained locally (and from
higher spheres of government) to help improve the quality of life of the residents of
the area; and
bring fragmented communities together to promote co-operation and thereby to act
as a mechanism for co-operation (cf. UJ Internal Handbook 2011:19; and Goodman
1980:49).
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4.6.3.3 Methods of metropolitanisation
Different countries have developed their own methods of metropolitanisation in
accordance with their own culture, traditions, values, as well as political and constitutional
arrangements. As South Africa only introduced metropolitan government in 1995, it may
be of value to briefly look at the various options that could have been considered and that
influenced the current system. Each of the identified methods, with its respective
advantages and disadvantages, is:
a) Co-operative agreements (regionalisation)
With this method, the municipalities in a given area decide voluntarily and by agreement to
co-operate in dealing with specific metropolitan issues or problems, which they perceive
as requiring joint action. No metropolitan council is formed, but each participating body
nominates one or more member to serve in a joint forum. Technical working groups of
officials are sometimes formed to advise the joint forum. The joint forum does not always
have final decision-making powers. And where it does not, the participating bodies must
ratify each decision (UJ Internal Handbook 2011:33).
The advantages of this system are:
It is based on local consensus.
It avoids the involvement of higher levels of government.
It allows local representatives room to solve their own problems (Ackron 2011:32).
The disadvantages of this system are:
It is slow, clumsy and often inefficient.
It is not a democratic and accountable metropolitan government.
It is not underpinned by statutory powers, duties and functions.
It does not guarantee co-ordinated actions or promote growth and development.
It can be used for ulterior motives and thus be subject to abuse (Ackron 2011:33).
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b) Council of governments
The council of governments system is a confederal solution to metropolitan problems.
According to this principle, a council consisting of municipal representatives in an area is
established to deal with a specific problem, such as regional and land-use planning.
Notably, the council reflects government’s structures and decisions are made according to
a majority vote. In essence, this system is a compromise between having and not having
metropolitan government. (In some ways it contains characteristics of the former regional
services councils) (UJ Internal Handbook 2011:35).
The advantages of this system are:
It ensures co-operation between participating bodies only on those issues which
visibly require wide-scale action.
It largely leaves the autonomy of the primary municipalities intact (Ackron 2011:41).
The disadvantages of this system are:
The confederal concept may not be acceptable to extra-Parliamentary groups.
It is weak with regard to finance and implementation;
It does not address South Africa’s social and developmental issues; and
It can give rise to conflict between the parties participating in the confederation
(Ackron 2011:42).
c) Amalgamation
Amalgamation is suited for an area where there is a large city and an adjoining region. In
terms of amalgamation, the city and its adjoining region merge to form one local
government for the combined area. An example is the Miami-Dade County Government in
the United States (US). Strictly speaking, this approach does not lead to the creation of a
metropolitan government. Rather, a local government is created for a city and county
(region) for organisational and financial purposes (UJ Internal Handbook 2011:40).
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The advantages of this system are:
It is democratic if the combined council is elected.
It promotes rationality in terms of organisations and the use of resources (Ackron
2011:44).
The disadvantage of this system is:
As the system was designed to meet specific needs in certain parts of the US, it
may not work as well locally. This is mostly because the voting power of the city is
likely to be larger than that of the more sparsely populated region. Thus it weighs
power in favour of the city (Ackron 2011:46).
d) Two-level federation
This is the most commonly regarded system when metropolitanisation is considered.
Under the two-level federation system, the powers, duties and functions of local
government are divided into two categories – those best performed at the local level; and
functions that a metropolitan government should exercise to ensure efficiency or
effectiveness (UJ Internal Handbook 2011:41).
This system was implemented in South Africa from 1995 to 2000.
The advantages of this system are:
It is likely to be politically acceptable to most parties and groups.
It is rational in concept and enables decisive action to be taken on urgent social
and developmental issues if the necessary income is made available.
It will facilitate devolution.
It is democratic.
It achieves the goals of rationalisation and economics-of-scale; and
It promotes the concept of voter control and accountability (Ackron 2011:52).
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The disadvantages of this system are:
Because it focuses on social and developmental issues, it could have a greater
impact on the country’s financial resources.
Unless carefully structured, primary municipalities run the risk of losing autonomy.
It requires a measure of re-demarcation – particularly of the core city – to achieve a
balance of power in the metropolitan area (Ackron 2011:54).
e) Incorporation
Incorporation entails abolishing all existing municipalities and incorporating them into a
new and much larger, one-level metropolitan government. (For example, this was done in
South Africa in 1913 when the separate municipalities of Green Point and Sea Point,
Cape Town, Woodstock and Salt River, Mowbray, Rondebosch and Claremont were all
abolished and incorporated into a new city of Cape Town). The incorporation method
leads to a single monolithic municipality that is responsible for both large-scale and local
services (UJ Internal Handbook 2011:44 and Interview J Ackron 2011). This system was
adopted in South Africa during the 2000 municipal elections and is still in operation.
The advantages of this system are:
It consolidates economic resources.
It satisfies democratic ideals (Ackron 2011:60).
The disadvantages of this system are:
It can lead to problems of remoteness and accountability.
It may lead to confusion between local and metropolitan issues; there is a tendency
to prescribe to local units with respect to matters such as town planning or
community facilities.
In certain circumstances it can be expensive and may result in cumbersome
procedures to solve minor local issues (Ackron 2011:62).
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4.7 Demarcation of municipalities
The Constitution of 1996 provides for the demarcation of South Africa into municipalities
(cf. Section 151(1)). The Act requires the entire country to be divided into municipalities.
Therefore, it could be argued that all activities undertaken by any sphere of Government,
organ of State (cf. Section 239) or any corporate body takes place in a municipality (see
3.2.4).
As noted before (see section 3.3.1) the Municipal Government Demarcation Act of 1998
mandated the creation of the Demarcation Board to determine municipal boundaries. The
Board is also authorised to re-determine municipal boundaries (cf. Section 21(1)(b)). To
determine the boundaries, the Board has to consider inter alia:
the interdependence of people, communities and economies;
the need for cohesive, integrated un-fragmented areas including metropolitan
areas;
the municipality’s financial viability and administrative capacity to perform municipal
functions efficiently and effectively;
the need to share and redistribute financial and administrative resources;
existing and expected land use, social, economic and transport planning;
the need for coordinated municipal, provincial and national programmes and
services; and
the area’s topographical, environmental and physical characteristics (see 3.3.1).
4.7.1 Demarcating a metropolitan area
As alluded to above, metropolitan areas are economically bound entities with common
characteristics. Services are normally based on common characteristics and require joint
action. Cost-effectiveness is also important to ensure that the area’s inhabitants receive
affordable, quality services. It is important to ensure that the demarcation of the area will
contribute to efficiency and effectiveness and will also develop a sense of unity among the
constituent bodies (see section 3.3.1).
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4.7.2 Criteria for the demarcation of metropolitan boundaries
The criteria given below are largely based on South African experience (see also 3.3.1
and the White paper on Local Government of 1998):
Natural and geographical characteristics.
Land-use and transport routes: Community of interest, economic inter-dependency,
development potential, as well as spatial sufficiency for residential, business,
industrial and recreational needs.
Institutional considerations: Existing boundaries, population distribution, growth and
change, political consideration, effective and efficient local government and co-
ordination, as well as co-ordination and rendering of services.
Financial considerations: Viability, cost-effectiveness, scale of upgrading work to be
done, sources of income and economic interdependency.
Services considerations: Natural catchments, economies of scale and economy of
operations.
The abovementioned exposition was intended to clarify why only six areas were initially
identified as metropolitan municipalities. The then Demarcation Board has been requested
to consider the demarcation of additional metropolitan municipalities, such as Mangaung.
Considering the functions of these municipalities, it could be noted that they are far more
extensive than those performed by Category B municipalities (see section 4.5).
4.7.3 Category B & C Municipalities
The Municipal Structures Act of 1998 contains a detailed exposition of the functions and
powers municipalities must perform in terms of the broad constitutional guidelines. Section
84 of the Act (as amended) provides for the division of functions between local councils
(Category B) and district councils (Category C). In this regard, the amendment is
applicable through the Local Government: Municipal Structures Act of 2000 (Act 33 of
2000) and in general provides for district councils to be responsible for inter alia:
integrated development planning of all municipalities in its jurisdiction area;
potable water supply systems;
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supply of electricity including transmitting, distributing and, where applicable,
generating electricity;
domestic waste-water and sewerage disposal systems;
solid waste disposal sites;
municipal roads as it relates to the district municipality as a whole;
firefighting services serving the district;
municipal health services;
regulation of passenger transport services;
municipal airports serving the district;
fresh produce markets serving the area;
cemeteries serving a major portion of the municipalities in the district; and
imposing and collecting of taxes, levies and duties related to the district council’s
functions and that are assigned in terms of national legislation (see also 3.3.2).
4.7.3.1 Temporary allocation of functions and powers Provision is made in Section 87 of the Municipal Structures Act of 1998 for the temporary
allocation of functions and powers to either district or local councils with regard to the
capacities of the respective councils. The Act also provides for co-operation between
district councils and local municipalities should the need arise to assist or support one
another. Such co-operation could be financial, technical or administrative in nature.
4.8 Mechanisms to ensure good local governance The various mechanisms to ensure good local governance; to curb corruption and
maladministration; and to ensure transparency and openness in municipalities are briefly
highlighted below.
4.8.1 Internal procedures
In Section 160(1), the Constitution of 1996 provides for the general internal procedures of
municipal councils and authorises the council to make decisions concerning the exercise
of all powers and performing all the municipal functions. It furthermore requires a council
to elect a chairperson. Furthermore, the council may elect an executive committee and
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other committees; and may employ personnel. The Municipal Structures Act of 1998 uses
the broad guidelines contained in the Constitution to regulate these various issues.
4.8.2 Meetings Councilors must attend all meetings they are supposed to. They can be fined for non-
attendance unless they have been granted leave of absence. If they do not attend three or
more meetings without leave of absence in a row they may be removed from office (see
section 3.3.2).
4.8.3 Disclosure of interests and personal gain
Councilors may not use their influence to gain any benefits from municipal work or contracts.
If councilors, their business partners, family members or partners have any interest in a
matter that is being discussed at a council meeting or committee they are part of, they have
to disclose this to the meeting. They should then withdraw from the meeting until a decision
is made. Councilors may be given contracts with the municipality if the council approves the
decision. However, if more than one quarter of the councilors objects, the MEC must decide
on the matter. In the same way as Members of Parliament (MPs), councilors also declare
their financial interests and any gifts above a certain value which they receive.
4.8.4 Gifts
Councilors may not ask for or accept any gifts, rewards or favours to vote in certain ways or
to use their influence in council.
4.8.5 Violating the code of conduct
Councilors and employees who are suspected of violating the code of conduct must be
investigated. The Speaker of the council must start the investigation, while a committee
usually conducts proceedings. The outcome must be reported to the MEC. Councilors and
employees found guilty can be warned, reprimanded, fined, suspended or removed from
office. A member can also appeal to the MEC against a council’s decision (see sections
3.3.2 and 3.3.3).
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4.8.6 Disclosing information
The councilors may not disclose any confidential information that they have obtained in a
closed committee meeting or have read in a confidential council document (see sections
3.3.2 and 3.3.3).
4.8.7 Intervention in the administration
Councilors may not interfere in the administration or management of a department unless
they are mandated by council. They may not give orders to staff or stop staff from doing their
jobs. The municipal manager must determine guidelines concerning liaison between
councilors and officials (see sections 3.3.2 and 3.3.3).
4.8.8 Failure of council as legislature
The members of the legislature, such as municipal councilors, are expected to act on
behalf of society or of a specific community. They are expected to monitor the actions of
political office-bearers such as the Executive Mayor and public officials such as the
Municipal Manager. Notably, members of the legislature should call them to account for
their actions and inactions through questions and debates (see Section 3.3.3 and 3.3.2).
However, it is often found that members neglect this important duty and become involved
in politicking. Members supporting the governing party often tend to shy away from
criticising executive actions. Members of opposition parties again tend to criticise without
attempting to establish facts, corroborating them and then demanding explanations. This
militates against true accountability.
4.8.9 Misgovernment by council /executive committee (exco) /Executive Mayor A political party or an alliance often dominates a municipal council. As it commands the
majority, it is able to dominate the proceedings. This happens inter alia through policy
proposals and debates; allocating or withholding public funds; and through its executive
supervision. Misgovernment occurs when the executive mayor/exco (see Section 152(1))
of the Constitution of 1996 and Section 4(2)(a) of the Municipal Systems Act of 2000) fails
to obtain the approval of the council to undertake executive actions. The City of Cape
Town’s dilemma with reappointing the municipal manager immediately prior to the 2006
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municipal elections serves as an example. In this case, the approval of the council was
apparently not obtained prior to the reappointment). Other examples of misgovernment
are, where the mayor/exco does not obtain the council’s approval for spending public
funds; fails to implement legislation or its own by-laws or resolutions; or fails to ensure that
decisions of a court of law are given effect to.
4.8.10 Irresponsiveness Public institutions, such as municipal departments, are established to render services to
individuals and communities. As these institutions have to give effect to a community’s
wishes, they are expected to be responsive to the values and the needs of the community
they serve. Unfortunately, members of a council and municipal officials often fail to be
responsive to these needs and values. For example, these functionaries could:
express their own values and act in accordance with their own needs and desires;
fail to identify the real needs and expectations of society; and
fail to establish procedures to facilitate complaints and comments regarding
policies, programmes and executive actions.
4.8.11 Productiveness Unproductiveness occurs when the outputs in achieving goals and services are
unsatisfactory. That implies that the output is not justifiable in relation to the resources
used. This may be due to an unsatisfactory work ethic; officials’ inability to give effect to
policy decisions; or an unwillingness to work diligently and give effect to decisions of
council or its authorised committees. Lack of commitment is another phenomenon that
results in a weak output (cf. Nel 2007:57).
By failing to act in accordance with the municipal council’s wishes and decisions,
municipal officials and political office-bearers often deprive citizens of the right to have
access to efficient and effective services (cf. Nel 2007:57).
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4.9 Decision-making products of a municipal council
Decisions and actions by councils of municipalities must reflect the spirit and stipulations
of national legislation. Democracy is more than electing a political party into power. It
requires that citizens are well informed, so that they can participate fully in decisions that
affect their lives. Democracy also means that citizens are treated in accordance with the
principles of ‘good governance’. Therefore, codes of conduct for all municipal officials and
councillors are essential. These codes must set the standards of professional service that
all South Africa's people expect from municipalities. The White Paper on Local
Government (1998), for example, urges that, “building local democracy is a central role of
local government, and municipalities should develop strategies and mechanisms to
continuously engage with citizens, business and community groups”.
To democratise a local community, citizens must be well informed. This means that the
media needs to provide detailed, accurate information and that there is free flow of
opinions. Municipalities need to be open and share information with the public. The media
- radio, television and newspapers - must play an important role in areas such as
education and health.
As indicated, local democracy has many facets. Therefore, a municipality should carefully
consider each facet to truly promote democracy in the spirit of various statutory and
regulatory documents. Some of these documents are evaluated below, with specific
reference to promoting local democracy.
4.9.1 Cycle of decision-making
In most councils, the cycle of decision-making includes the following stages (cf. Nel
2007:57):
Agendas have to be prepared before meetings and any committee reports, petitions
or motions have to appear on an agenda before they can be discussed.
When an issue comes up for discussion at a council meeting it is often referred to a
committee/exco/ the mayoral committee for further discussion and a deadline is given
for when a report should be made.
If the matter is referred to a committee, the committee will report to the exco/ mayoral
committee. The exco/ mayoral committee will consider the issue and either support
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their recommendations or put opposing recommendations forward to the council
meeting.
The council will then vote on the matter (see sections 3.3.2 and 3.3.3).
4.9.2 Raising issues with council
There are many different ways that councilors and the public can use to raise issues with
council. Here we explain the most common ones: petitions, questions and requests.
4.9.2.1 Petitions
Councilors or individuals are also allowed to submit petitions to the municipal manager. A
petition is usually used to inform the council and the administration that a large number of
people want a particular matter to be considered. Petitions are used to draw the
administration’s attention to something that should be done. They can be used to point out
that one of the municipality’s laws or policies is not being applied properly or to call for a
change. Either the community or a councillor can draw up a petition (see sections 3.3.3 and
3.3.2).
These are handed to the council secretary at a council meeting. The person who delivers a
petition may explain its subject, but he/she is not allowed to make a speech about it. The
petition is usually referred to the exco/mayoral committee that will then report to council. The
officials circulate the petition to the relevant departments, who will then report to council.
Hereafter, the council will make recommendations to the relevant portfolio or standing
committee. These committees then make recommendations to the exco/mayoral committee
who, in turn, make recommendations to council. The council or group who submits the
petition should keep track of the progress of the petition (see sections 3.3.2 and 3.3.3).
4.9.2.2 Questions to council
Questions are useful mechanisms to monitor council officials and to obtain reliable
information about council policies and programmes. Notably, questions may be submitted in
writing or may be asked during a meeting. Like motions, written questions must be submitted
10 days before the council meeting, so that the officials can have time to prepare the
answers. Answers are often tabled at the meetings. The exco/mayoral committee
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chairperson can immediately answer a question verbally or can provide a written reply. Any
councillor may ask a question about the exco/mayoral committee’s recommendations or
decisions and any exco/mayoral committee member may make immediate verbal replies
(see sections 3.3.2 and 3.3.3).
4.9.2.3 Requests
Requests are the easiest and simplest way to get information or to bring problems to the
attention of the officials. Councilors should use requests to officials – by making a phone call,
by writing a letter, or by visiting an official and asking them to attend to an issue. Requests
will only work when there is a policy and/or a by-law that directs the person who receives the
request to take action. For example, if someone has a blocked water drain, a councilor can
go to the relevant official and make a request to get it fixed. However, if a councilor wants
something new to be put into his/her ward and there is no related policy, a request will not be
sufficient (cf. Nel 2007:59).
4.9.3 Standing orders Standing orders are the rules that govern council meetings and procedures. Resolutions are
the decisions that council makes with regard to budgets, work plans that are binding on the
administration. By-laws are local laws that affect residents and businesses in the area (UJ
Internal Handbook 2011:134).
All council meetings are run according to rules that are referred to as Standing Orders.
These set out how the meeting should be run; how motions could be proposed; how
resolutions could be passed; and how decisions will be made. The Speaker or Chairperson
of the council decides whether anyone is complying with the Standing Orders and is also
responsible for keeping order in council meetings (cf. Nel 2007:57).
4.9.4 Resolutions and motions
Most council decisions are made when a committee or exco/mayoral committee makes a
recommendation to council. When council agrees by a majority vote, the recommendation
becomes a resolution of council.
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Motions are usually used to call for or propose something that is a little more controversial. It
is a useful tool to use especially if the administration is not co-operating with council, since
council motions cannot be ignored. Any councilor may propose a motion in council and in
some cases the motion may be passed without being referred for further discussion. Once
passed, the motion becomes a resolution of council (UJ Internal Handbook 2011:134).
Every motion needs a proposer and a seconder. In the opening debate on a motion, only the
proposer will be allowed to speak to motivate the motion. Standing orders will usually set a
time limit for this. Most motions are referred to committees or exco/mayoral committees for
further discussion. They will then take the matter back to council with a recommendation on
the motion (UJ Internal Handbook 2011:134).
A motion should be submitted 10 days before the next council meeting to ensure that it is
included on the agenda. Motions can be supported by petition where this is necessary or
useful. The Council Standing Orders will determine how motions should be debated. In some
cases, if an urgent problem arises after the deadline for the agenda, a councilor may move
an urgent motion to the start of the council meeting before the exco/mayoral committee
report is discussed (UJ Internal Handbook 2011:134).
4.9.5 By-laws The process of establishing by-laws follows specific steps. These steps, as contained in the
Municipal Systems Act of 2000 (Chapter 11), are highlighted below.
4.9.5.1 Step 1: Starting the process
By-laws can be initiated in a number of ways. A councilor or official usually initiates a by-law
by informing council through a report of the lack of a clear policy on a service, or an omission
in an existing by-law.
A councilor may raise the matter in council. This usually done by proposing a motion
after consulting with his/her caucus.
Alternatively, an official may write a report, either at the request of a councilor or on
his/her own initiative. This report will be sent to the exco/mayoral committee for
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consideration. If the exco/mayoral committee supports the content of the report, it will
make a recommendation to council.
If council is in favour of the proposal for a new by-law contained in either motion or the
official’s report, it will adopt a resolution on it. The municipal manager must then start
the process of law-making, by arranging for the writing of a first draft (UJ Internal
Handbook 2011:97).
4.9.5.2 Step 2: The drafting process
In large councils legal advisors draft by-laws, while in smaller councils officials draft the by-
laws themselves. The Provincial Department of Local Government, or even an attorney from
a private firm of attorneys can assist with drafting the by-laws (UJ Internal Handbook
2001:134).
Once the first draft of a new by-law has been drawn up, it is referred to the relevant
officials and standing committees for discussion.
Legal experts reconsider the draft, until the officials and committees are satisfied that
the contents reflect the proposed policy. Thereafter it is submitted to the exco/mayoral
committee.
If the Provincial Local Government department receives a number of requests for
assistance with by-laws relating to the same issue, it can – in consultation with the
municipalities – pass a standard by-law. If a standard by-law adequately meets the
needs of a municipal council, it can be accepted in its original format.
The exco/mayoral committee considers the proposed draft by-law and makes a
recommendation to council.
Council considers the recommendation from the exco/mayoral committee. If council is
not satisfied with the content, it is returned to the committees and legal experts.
Ultimately, it is presented to council again by following the above process.
Council approves the draft by-law by means of a resolution (UJ Internal Handbook
2011:98).
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4.9.5.3 Step 3: Publication of intention to pass a new by-law
Once the council has approved the draft by-law, the Municipal Manager has to
publish a notice of intent to pass a new by-law in the Provincial Gazette and in
local newspapers.
If a municipality wishes to adopt a standard by-law, it will have to comply with
the same publication requirements as a by-law drafted by the municipality
itself. It will also be subject to objections by the public.
The Municipal Manager’s notice must be published in more than one
language, according to the languages that are used in that area. It is also
becoming practice to advertise on local radio stations, on posters, as well as
through civic and ratepayers associations. These options should be explored in
order to ensure that all residents and stakeholders that are affected by the
making of a particular by-law are informed.
A notice of a proposed by-law must:
give a general indication of the content of the by-law in understandable
language;
state that a copy of the proposed by-law is available for the next 14
days in a particular room at the council offices for inspection by anyone
who wishes to examine it; and
invite anyone wishing to do so to submit their written objections or
suggestions to the Municipal Manager, within the same two-week
period (UJ Internal Handbook 2011:99).
4.9.5.4 Step 4: Objections to the by-law
While council is not obliged to agree with the objections to a by-law, it is obliged to consider
them fairly and properly. Therefore, when members of the public submit any objections to the
municipal manager, it must be:
commented on by the relevant departments;
considered by the relevant standing committee(s), who then make recommendations
to exco /mayoral committee;
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considered by exco /mayoral committee, which makes recommendations to council;
either accepted or rejected by the council meeting. After final changes have been
made to the by-law (if necessary), council adopts a resolution to pass the by-law (UJ
Internal Handbook 2011:100).
4.9.5.5 Step 5: The final phase
If necessary, the Municipal Manager submits the by-law to the Office of the Premier
and the provincial MEC for consideration. He/she also arranges that a notice
containing the full and final by-law is published in the Provincial Gazette.
The by-law is only in operation and the contents enforceable when the complete and
final document is published in the Provincial Gazette (UJ Internal Handbook
2011:101).
4.10 Accountability and service delivery
The concept of accountability refers to the government and its agents’ (such as
councillors) responsibility towards the public to realise previously set objectives and to
account for them in public (Links et al. 2004:110). Craythorne (1997:80) maintains that if
true devolution of power is to take place to strengthen municipal councillors’ power to
govern, a corresponding set of checks and balances should be instituted. The councillor
should be accountable to his/her council, as well as to the voters. The electorate should
be sensitive to issues relating to corruptible practices. Thus, it is important to monitor the
relevant municipality’s financial management process.
Citizens’ expectations of fairness strongly influence their level of trust in municipal officials.
Service delivery partnerships bring citizens in direct contact with government. Notably,
citizens should play a role in determining service delivery standards. One method for such
input is through service delivery surveys, which collect and report on citizens’ views of
service quality, availability, cost and impact. The surveys provide feedback to service
delivery providers and public policy makers, and constitute an accountability mechanism.
These surveys usually use a combination of focus groups, household questionnaires, key
informant interviews and community surveillance committees to gather information. With
regard to the setting of standards, surveys can help determine the appropriate and
desirable levels and quality of service, so-called benchmarking (cf. Ackron 2011:98).
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There needs to be a technical and popular performance report to monitor progress. This
could take the form of technical or popular reports and is legislatively required to be
available to the public. However, it is advisable that the public should be kept informed of
performance information through press releases, briefings, pamphlets, newsletters, radio
programmes, community meetings and presentations. In this regard, the municipality’s
resource and capacity constraints should be kept in mind (cf. Ackron 2011:98).
Performance reports – particularly the annual performance report – must be audited to
ensure that the public and other stakeholders regard these documents as credible and
legitimate. Audits should ensure that reported performance information is accurate, valid
and reliable (cf. Ackron 2011:98).
With the abovementioned explanation in mind, attention can now be paid to the
mechanisms through which councilors and appointed officials render account for the
activities that they are responsible for.
4.11 Mechanisms for accountability
With the abovementioned explanation in mind, attention can now be paid to the
mechanisms through which councilors and appointed officials render account for the
activities that they are responsible for.
4.11.1 Municipal elections As far as accountability is concerned, it is important to note that the elected
representatives – irrespective of the electoral system – should be held accountable for
their policy decisions, as it affects community members’ lives. One way of calling
representatives to account is through regular municipal elections that are held on a free
and fair basis. A municipal election provides an opportunity to reconsider council’s past
decisions and actions. The majority of the electorate would normally support the political
party in the forthcoming municipal election, or re-elect a particular ward councilor, if they
are satisfied that their wishes have been acknowledged and that their living conditions
have been improved in some way. It should be emphasised that an election is a
mechanism to call representatives to account. However, it should be held at regular
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intervals and be free and fair to be an effective mechanisms to ensure political
accountability for policies and policy realization (cf. Ackron 2011:98).
4.11.2 Questions
Any member of council may ask questions in council. Questions give members an
opportunity to call the ruling party to account for council-adopted policies. It also allows the
community who attend a council meeting to establish the reasons for particular council
actions. Section 20 of the Municipal Systems Act of 2000 require that municipal council
meetings and those of its committees be open to the public except when particular
conditions apply, as provided for in Section 20(1)(a)(b) or 20(2) of the Act.
The legislature (Parliament, municipal council, as well as all executive and administrative
institutions) derives its authority from both general and specific laws. Just like citizens, the
President, ministers, councilors and all appointed officials have to obey the law. However,
from time to time, conflicts do occur and could be settled by independent judicial
institutions, such as courts of law. Although the issue is not pursued further, it is important
to note that it is accepted that the rule of law is honoured. This is the foundation for
constitutional government and a bulwark against despotism, dictatorship and arbitrary
rule.
4.11.3 Constitutional Court
A brief reference is again made to the Constitutional Court (see section 2.8), as it serves
as an important mechanism to ensure accountable governance. Section 8(1) of the
Constitution of 1996 provides that the Bill of Rights applies to all law and binds the
legislature, executive, judiciary and all organs of State (including municipalities). Section 2
of the Constitution should also be noted in this regard, as it clearly determines that law or
conduct that is inconsistent with these rules is invalid. Thus, it is emphasised that every
organ of State, office-bearer or public official should honour the Constitution (see section
3.2.4).
The Constitutional Court has been established in terms of Section 166 to ensure that the
Constitution is acknowledged and honoured. Section 167 clearly determines the status of
this Court as “… the highest court in all constitutional matters”. It could be considered as a
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mechanism to guarantee accountable governance, as it may inter alia “…decide that
Parliament or the President has failed to comply with a constitutional duty”. Therefore,
even Parliament’s actions are subject to a final decision by the Constitutional Court (cf. a
previous example of Section 4 of the Municipal Structures Act of 1998 was recalled as the
Constitutional Court found it to be unconstitutional).
In South Africa, the Constitutional Court is the highest court with regard to the
constitutionality of executive actions (Section 167(3)). Thus, should someone or any of the
Republic’s executive bodies be of the opinion that a municipality, executive, or official has
violated the Constitution the Court can investigate the matter and give a ruling. For
example, according to Section 155(3)(b) of the Constitution of 1996, an independent
authority is required to establish criteria and procedures to determine municipal
boundaries. Section 4 of the Municipal Structures Act of 1998, as originally phrased,
assigned the function of determining municipal boundaries to the Minister of Provincial
and Local Government. Two provinces challenged the constitutionality of the section, as it
was argued that a minister is not an independent authority. The Constitutional Court found
the particular section in the Municipal Structures Act of 1998 unconstitutional. The relevant
Section 4 was subsequently amended to provide for the Demarcation Board to determine
boundaries after consultation with the Minister.
4.11.4 Auditing
Every councillor, political office-bearer and official is liable to be called to give account for
their actions or inactions to the legislature (i.e. council). As this is one of the cornerstones
of democracy, it is imperative for officials in managerial positions to honour the
requirement that reasons have to be provided if requested by council. In this regard, the
utilisation of human or financial resources to institute policies could also be an issue that
needs to be justified to council (Ackron 2011:146).
4.11.5 The municipal council and accountability
To be ‘accountable’ in general terms simply means to give reasons for, and explanations
of, what one does (Normanton 1966:1). This implies that an explanation should be
provided, that a reckoning should be given of the manner in which a specific function or
assignment has been carried out. One could, therefore, argue that the most significant
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characteristic of accountability is the requirement that an explanation should be provided.
Thus, reasons have to be given for an action, inaction or even insufficient action. In order
to clarify the important term ‘accountability’, it should be defined as follows (Normanton
1966:2): “… public accountability (consists) in a statutory obligation to provide for
independent and impartial observers holding the right of reporting their findings at the
highest levels in the State, [providing] any available information about financial
administration which they may request.”
It could be deduced from the above-mentioned that accountability concerns a statutory
obligation to provide reasons for actions (mostly resulting in the expenditure of public
funds). It also implies that the reasons requested have to be provided. Councilors,
executive mayors, committee chairpersons and appointed officials alike cannot refuse to
provide information that may have been requested by someone who is legally empowered
to obtain the information in question.
According to The New Oxford Illustrated Dictionary (1978), to be ‘responsible’ means “to
be liable to be called to account or to be the primary cause for something that has
happened”. Stated in simplified terms, it implies that someone could be called to give
reasons for a specific action or inaction. The following two references from the
Constitution of 1996 provide clarity on the matter.
Section 92(2): “Members of the Cabinet are accountable collectively and
individually to Parliament for the exercise of their powers and the performance of
their functions.”
Section 92(1): “the Deputy President and Ministers are responsible for the powers
and functions of the executive assigned to them by the President.”
In a similar vein, Section 84(2) states unequivocally that the President is responsible for
inter alia, assenting to and signing Bills; making specific appointments; summoning the
National Assembly, the National Council of Provinces or Parliament to an extraordinary
sitting.
By combining the two terms one could state that someone is responsible for carrying out a
particular action or assignment. Thereafter, such a person could be required to provide
reasons for any success or failure. Thus he/she may be held accountable. For example,
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the personnel officer is responsible for sending a letter of appointment to a successful
candidate for a particular post. If a delay occurs in sending the letter the personnel officer
could be called to account – to provide reasons for the failure to give effect to the
instruction.
4.12 Co-operative government While Local Government has been assigned to deal with certain matters, municipalities
are supervised by provincial and national governments. Similarly, national government
exercises a degree of supervision over provincial governments. Supervision means that
one sphere of Government can, where necessary make final binding decisions that affect
another sphere. ‘Interdependent’ means that each sphere must exercise its autonomy to
the common good of the country, by co-operating with the other spheres. For Government
to implement its national priorities and to effectively deal with socio-economic challenges,
such as poverty alleviation, job creation and enhanced service delivery, all its spheres are
required to work in partnership. This notion of interrelatedness is therefore not about
making legally binding decisions that affect another sphere. Instead, it is about co-
operation through joint planning, fostering friendly relations and avoiding conflict.
Co-operation characterises the way in which government governs, as well as the
institutional and policy architecture in key areas, such as macro-economic policy and
regional and international relations. The spheres of government must be understood to be
component parts of a larger single body – the Government of the Republic of South Africa.
Co-operative government seeks to achieve unity of vision, destiny and purpose, while
recognising diversity of interest and opinion.
Co-operative government is about the entire government working together as one, in an
integrated way. This is done to maximise development and to ensure that the three
spheres deal with development-related challenges in a co-ordinated way.
Intergovernmental systems must be responsive to the broader challenges that emerge
from time to time.
No country can effectively meet its challenges unless the various parts of government:
co-ordinate their activities to avoid wasteful competition and costly duplication;
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develop a multi-sectoral perspective on the interests of the country as a whole, and
respect the discipline of national goals, policies and operating principles;
settle disputes constructively without resorting to costly and time-consuming
litigation;
collectively harness all public resources within a framework of mutual support; and
rationally and clearly divide between them the roles and responsibilities of
government to minimise confusion and maximise effectiveness.
As stated, the Constitution of 1996, introduced a new system of government in South
Africa that differs radically from the former system. Section 40 of the Constitution of 1996,
makes provision for three spheres of government, which are distinctive yet interdependent
and interrelated. In section 41 of the Constitution, particular principles are provided to
guide the relationship between the three spheres of government. It is inter alia required
that:
each sphere must not assume any power or function except those conferred on it in
terms of the Constitution. This implies that municipalities must operate within the
general framework of the guidelines that are provided in Chapter 7 of the
Constitution of 1996;
each sphere must exercise its powers and perform its functions in a manner that
does not encroach on the geographical, functional or institutional integrity of
Government in another sphere. This once again implies that municipalities must
acknowledge the powers and functions of adjacent municipalities and other
municipalities they may enter into agreements with; and
each sphere must co-operate with the other spheres of government in mutual trust
and good faith. Furthermore, they should avoid legal proceedings against each
other, which would also include the specific implications of Schedules 4 B and 5 B
of the Constitution of 1996.
The Constitution of 1996 requires each sphere to acknowledge the role and status of
every other sphere of Government. Thus, the policies, legislation and activities of the three
spheres of Government should be coordinated to ensure that the founding provisions of
the Constitution are adhered to and that policies and actions of one sphere are not in
conflict with, or are detrimental to, those of another sphere.
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Specific provisions have been included in the Constitution of 1996 to honour the founding
principles of the Constitution of 1996; to maintain the unity of the State; to promote the
well-being of its inhabitants; and to assist in coordinating the public sector activities.
Section 44(2) allows Parliament to intervene by passing legislation. This even
pertains to any matter assigned exclusively to the provinces when it is necessary to
maintain national security; maintain economic unity; maintain essential national
standards; establish minimum standards; or prevent one province from an action
that may be detrimental to another province or the country as a whole.
The amended Section 100 provides for national intervention of provincial
administration and allows the National Executive to intervene if a province does
not, or cannot, fulfill an executive obligation in terms of the Constitution or
legislation. This intervention could include taking appropriate steps to ensure that
the obligation is fulfilled, such as by issuing a directive to the provincial executive;
or by assuming responsibility for the relevant obligation.
Section 139 provides for provincial intervention in local government in a similar
manner in which national government can intervene in provincial affairs. The
Provincial Executive can intervene in a municipality if it cannot or does not fulfill
an executive obligation in terms of legislation. It may do so by issuing a directive to
the municipal council. Notably, this directive should describe the extent of the
failure to fulfill its obligations; state the steps required to meet the obligations;
assume responsibility for the relevant obligation; dissolve a municipality; and
appoint an administrator until a new council has been duly elected.
The Constitution is clear on the reasons for the National Executive to intervene in
provincial matters (similar to the justification for the intervention by Parliament) to:
maintain essential national standards or meet minimum standards for the rendering
of a service;
prevent a municipal council from taking unreasonable action that may be
detrimental to another municipality; and
maintain economic unity.
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The municipal coordinating structures include district intergovernmental forums to
promote sound intergovernmental relations between district and local
municipalities. Such a forum consists of:
the Mayor of the district municipality;
mayors of local municipalities in the district; and
the Administrator of a municipality (if such official has been appointed) who would
then chair the forum.
District municipal forums are responsible for inter alia:
drafting national and provincial policy that affect local government;
implementing national and provincial policy and legislation pertaining to such
matters;
matters arising in a Premier’s intergovernmental forum that affect the district;
maintain economic unity;
maintain national security; and
prevent a province from taking unreasonable action that could be prejudicial to the
interests of another province or the country as a whole.
Similarly, the Provincial Executive may intervene in a municipality (Section 139 of the
Constitution) to:
maintain essential national standards or meet established minimum standards for
the rendering of services;
prevent a municipal council from taking unreasonable action that is prejudicial to
another municipality or the province; or
maintain economic unity.
4.12.1 Citizen participation in co-operative government
Citizen participation is essential to promote good governance and efficient and effective
administration in South Africa. Should citizen participation be neglected, one may yet
again, as under the former South African Nationalist regime, see the abuse and/or misuse
of administrative and political power. However, the converse is also true. If citizen
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participation is extensively advocated, it will help to keep unbridled power in check and will
prevent politicians from making policies that are detrimental to the general wellbeing of the
country. Clearly, all citizens have an indispensable role to play in keeping public
functionaries in check. Therefore, citizens’ input in any democratic country cannot be
brushed aside lightly, or be ignored (Hilliard and Kemp 1999:1).
Cloete (1996:23) writes that public accountability means that public entities have to pursue
self-determined objectives, but by the people. Therefore, citizens have an indispensable
role to play in exacting accountability. This, in effect, implies that public organisations have
to provide explanations to justify positive or negative results while performing their daily
activities. Therefore, stakeholders have a monitoring role to play to ensure that public
organisations comply with the mandate that was granted to them.
Furthermore, the provinces’ executive councils are collectively and individually
accountable to the legislature to exercise their powers and perform their functions (Section
133(2) of the Constitution). All executive decisions, such as proclamations, regulations
and other instruments of subordinate provincial legislation, must be accessible to the
public (Section 140(3)). Community involvement is encouraged in South Africa – even in
the local sphere of government. For instance, Section 152(e) of the Constitution
encourages the involvement of communities and community organisations in local
government matters (Hilliard and Kemp 1999:4).
Besides the fact that citizens (communities) are able to become involved in all spheres of
South African Government, they are also permitted in terms of Section 195(1) of the
Constitution to become involved in public administration. For instance, Section 195(1) (e)
of the Constitution states that people’s needs must be responded to and the public must
be encouraged to participate in policy making. Section 195(1) (f) states that public
administration must be accountable, while Section 195(1) (g) states that transparency
must be fostered, by providing the public with timely, accessible and accurate information.
In the local government context, Roberts (1996:23) claims that citizen participation should
encompass all aspects of planning and management. It must be an all-inclusive approach,
as this is crucial to improve the living and working environments of the urban poor.
Roberts further notes that there must be a full-scale participatory process. Mechanisms for
ensuring citizen participation – particularly with regard to environmental management –
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could include forums, community organisations, business, voluntary organisations and
joint planning efforts.
According to Tsenoli (in Hartslief 2008:47), the advantage of organised community
organisations (such as civic organisations) is that this type of authority is able to obtain
faster consultation on conflicting interests in the same community. Information is more
readily available if community organisations exist. Organised community organisations are
vital as communities then, of necessity, become involved in the decision-making process.
Participatory decision-making helps to obtain better and more informed decisions, since
many minds are applied to a specific matter (Berkley & Rouse 1997:215). It is critical to
involve communities in the initial and preparatory stages of development to help
accomplish participatory democracy. However, there are difficulties with community
participation. For instance, it is time-consuming and could result in a cost increase for any
particular project. Tsenoli (in Hartslief 2008:49) further claims that for any community
organisation to be successful, it has to be representative and inclusive of the local
community. Thus, government has to interact with organised and representative
community organisations. Without inclusiveness and genuine concern for community
interests, it will be difficult to initiate, implement and conclude projects successfully. Not
only is it essential for community involvement in participatory democracy, but bottom-up
management in the public service will also contribute to participatory democracy.
Vil-Nkomo (1997:125) envisages the citizen’s role in terms of an interlocking co-operative
governance system among the three spheres of government. While the three spheres are
interlocked, the role of each must be clearly identifiable within the entire system of
governance. In other words, inter-governmental co-operation must be viewed holistically.
According to Vil-Nkomo (1997: 126), the pathway to efficient and effective service delivery
is to put the co-operative governance system into full effect. This should reduce service
delivery-related fragmentation and iron out inequalities. Vil-Nkomo (1997:127) claims that
there must be a departure from the dysfunctional situations of the past to a system that
“constitutes a balanced integrated unity in which every component is essential for the
effective functioning of the whole”.
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4.13 Intergovernmental relations
Intergovernmental relations in the South African context pertain to the interaction between
the three spheres of Government, namely National, Provincial and Local Government and
its institutions (Chapter 3 of the Constitution). As mentioned before, the Constitution
provides that the three government spheres are “distinctive, interdependent and
interrelated”. These concepts reflect the three constituent components of the
decentralised South African State. The Intergovernmental Relations Audit Report (1999:7)
provides the following working definitions for these three concepts:
4.13.1 Distinctive “The distinctiveness of each sphere is the degree of legislative and executive autonomy
entrenched by the Constitution. One sphere is distinguishable from the other in its powers
to make laws and execute them. In short, each sphere has distinctive legislative and
executive competencies. The allocation of competencies is based on the assumption that
there are particular public interests which are best served by the respective spheres of
government. The existence of unique provincial and local interest called for their
protection and promotion not through a unitary but through a decentralized (sic) state”
(Intergovernmental Relations Audit Report 1999:7).
4.13.2 Interdependent
“The interdependence of the spheres is the degree to which one sphere depends upon
another for the proper fulfilment of its constitutional functions. There are two interrelated
aspects to this dependency. First, the provincial and local spheres have an entitlement to
assistance from the national and provincial governments respectively, in order for them to
fulfil their constitutional functions. Second, the flip side of the entitlement is the duty on the
national and provincial spheres to supervise the provincial and local spheres respectively
to ensure that they fulfil their constitutional functions. This duty entails both the monitoring
of the other sphere and intervening when a dependent sphere fails to fulfil its functions.
The interdependence between the spheres is thus reflected in this co-relationship in which
a particular sphere (national or provincial, as the case may be) has the responsibility of
empowerment and oversight, as well as, under certain circumstances, intervention in the
dependent sphere” (Intergovernmental Relations Audit Report 1999:7).
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4.13.3 Inter-related
“The inter-relatedness of the spheres is the duty on each sphere to "co-operate with one
another in mutual trust and good faith" for the greater good of the country as a whole.
Based on the distinctiveness of each sphere, the relationship is one of relative equality.
However, because this relationship must be realised within the duty of co-operative
government, the result is not "competitive federalism". Consequently, a duty is imposed on
each sphere to avoid litigation against another sphere” (Intergovernmental Relations Audit
Report 1999:7).
The Constitution’s use of the terms ‘spheres’ and ‘co-operative government’ is critical, as it
shows that intergovernmental relations do not pertain to neatly defining and defending
areas of competency. Rather, it focuses on co-operation between the organs of State in
the different spheres of Government. The principles of Chapter 3 of the Constitution guide
all three spheres of Government in how they engage in intergovernmental relations (IGR).
According to Chapter 3, ‘co-operative government’ is central to the conduct of
intergovernmental relations. Notably, intergovernmental relations may be seen within the
context of fiscal and administrative processes, whereby the spheres of Government share
nationally collected revenues and other resources. This introductory chapter provides a
brief background to IGR in South Africa and outlines some basic features of the three
spheres of Government, as well as key IGR institutions. It introduces three key themes
that are central to IGR in South Africa, namely that the three spheres of Government are
distinctive, interdependent and interrelated.
4.14 Developmental local government
The Constitution stipulates that all people in our country have the right to dignity, equality
before the law, freedom and security. It affirms people’s rights to freedom of religion,
expression, culture, association and movement, as well as political, labour and property
rights. The Constitution commits Government to take reasonable measures, within its
available resources, to ensure that all South Africans have access to adequate housing,
healthcare, education, food, water and social security.
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However, in reality, this ideal has not been reached in the country’s cities, towns and rural
areas. Subsequently, many communities still remain divided. A large portion of South
African citizens live in extreme poverty. Notably, these marginalised individuals are
isolated from basic services, as well as social and economic opportunities. Approximately
70% of South Africa’s poor people live in rural areas, while about 70% of the rural
residents are poor. Their incomes are constrained, as the rural economy is not vibrant
enough to provide remunerative jobs or self-employment opportunities. They have a high
cost of living, as they spend more on basic social services, such as food and water,
shelter, energy, health, education, transport and communication services. Moreover, rural
citizens’ natural resource base cannot provide them with a sustainable living.
Developmental local government must play a central role in representing (be ‘the voice’ of)
communities; protecting their human rights; and meeting their basic needs. It must focus
its efforts and resources on improving communities’ quality of life. This particularly
pertains to groups within communities that are most often marginalised or excluded, such
as women, disabled people and very poor people.
The White Paper on Local Government (1998) urges local government to focus on
realising developmental outcomes, such as providing household infrastructure and
services; creating liveable, integrated cities, towns and rural areas; promoting local
economic development; and ensuring community empowerment and redistribution (White
Paper on Local Government 1998:22).
Three interrelated approaches can help municipalities to become more developmentally
focused and to achieve developmental outcomes, namely:
integrated development planning and budgeting;
performance management; and
working together with local citizens and partners.
4.14.1 Characteristics of developmental local government Developmental local government has four inter-related characteristics, namely:
maximising social development;
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economic growth;
integrating and co-ordinating;
democratising development; and
leading and learning (White Paper on Local Government of 1998 Section B(1):18).
In practical terms, municipalities can build developmentally favourable social conditions.
Political leaders should encourage different local interest groups to cooperate and work
together to realise a shared vision. As elected community leaders, ward councillors should
play a pivotal role in building a shared vision and mobilising community support to ensure
development.
In order to find viable solutions, municipal councils should be responsive to community
problems and be committed to working in open partnerships with business, trade unions
and community-based organisations. Councils should also foster local democracy by
raising awareness of human rights issues and by promoting constitutional values and
principles.
Municipalities can further improve communities’ socio-economic conditions by building
awareness of environmental issues and how residents’ behaviour influences the local
environment. Furthermore, they should encourage citizens to utilise scarce natural
resources with discretion. There is also the need to invest in youth development as a key
resource for the future. Notably, the youth should be encouraged to become involved in
civic and development programmes to help build their creativity and motivation.
As institutions of local democracy, municipalities play a crucial role as policy-makers,
thinkers and innovators. A developmental municipality should play a strategic policy
making and visionary role. Furthermore, it should seek to mobilise a range of resources to
meet basic needs and achieve developmental goals.
Citizens and communities are concerned about the areas where they live. Some areas of
concern include access to services, economic opportunities, mobility, safety, absence of
pollution and congestion, as well as proximity to social and recreational facilities. Local
government can play a pivotal role in all of these facets of our lives.
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4.15 Institutional, developmental and fiscal transformation
Local government faces the challenge of adapting to the new role that it has to play in
terms of the Constitution. The capacity that was created in the old-order local authorities
does not provide for the new challenges of, for example, socio-economic development
and a community-sensitive way of operating. Local authorities’ new responsibilities,
processes and functions require organisational content, arrangements and structures that
can help fulfil these responsibilities. This implies that structure becomes dependent on the
nature of the processes and functions it has to facilitate and not the other way round, as
was the case previously (Louw 1999:1).
Institutional transformation is the process or programme that aims to develop a post-
apartheid set of political and administrative structures that will empower local authorities to
fulfil their constitutional mandate. This mandate emanates from the Constitution and
manifests in the Local Government: Municipal Demarcation Act of 1998 (hereafter referred
to as the Demarcation Act), the Local Government: Municipal Structures Amendment Act
of 2000 and the Local Government: Municipal Systems Act of 1998.
Developmental transformation is a programme/process that aims to equip local councils to
perform their tasks of socio-economic development and service delivery. This includes
projects such as the municipal infrastructure programme; work on local economic
development and integrated development planning; municipal service partnerships; the
Municipal Infrastructure Investment Unit; and the Community Water and Sanitation
Programme.
The fiscal and financial transformation programme aims to create a financially viable and
sustainable local government system. This will enable local government to interact with
the capital markets and act as leverage to ensure that the appropriate resources are made
available for development and infrastructure investment. The afore-mentioned projects
include establishing an equitable share for local councils; reforming the local taxation and
revenue system as well as municipal borrowing and investment; building financial
management capacity through project viability and local initiatives that are often supported
by the banking industry; and providing support to key institutions such as the Finance and
Fiscal Commission and the Institute of Municipal Finance Officers (Chapter 1 of the
Municipal Finance Management Act of 2003). Currently, the primary advantage of the
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fiscal and financial transformation at local government level is the establishment of an
equitable share that creates a financially viable and sustainable local government service
delivery system. The establishment of a large municipal area creates at least three major
risks that are relevant to this study (Centre for Development and Enterprise (CDE)
1998:24). These risks are briefly explained below:
The first risk is that the large municipalities are removed from local communities.
This undermines the commitment to the democratic process, reduces a sense of
effective community participation, and does not foster a sense of local identity
(CDE 1998:24). In the democratic political process, effective participation is
associated with a degree of co-operation and willingness to compromise between
inhabitants and other interest groups, who otherwise might have adopted
destructive and competitive stances. Co-operation between classes is important to
avoid the polarising effects of protest, pressure politics and conflict. Also, within the
South African context, co-operation between inhabitants is essential to help
achieve progress towards equality. Notably, if privileged minorities feel threatened
and excluded, they will be less willing to contribute material and skills resources to
help foster societal development and equity (CDE 1998:24).
The White Paper on Local Government (WPLG) (Section D paragraph 2.3.3)
makes provision for local community participation through ward committees, or by
decentralising certain responsibilities from the metropolitan authority to local sub-
structures. However, in both sets of provisions, the majority party in the overarching
government controls the extent to which effective power to influence outcomes are
delegated to local interests. Thereby the role of the ward committees is confined to
advising the council and their maximum power is thus of a consulting nature. In
both instances, provisions for local and minority participation are of such a nature
that the local community’s influence will be subject to majority party discretion.
Some interpretations of democracy are based on the principle of majority
prerogatives and the notion that the majority must have its way. The
aforementioned majoritarian or Jacobin interpretation of democracy is exceedingly
dangerous in divided societies and cities. Notably, constitutional theorists
commonly recognise this form of democracy as a prescription for conflict (CDE
1998:26). A constructive interpretation of democracy is a system that must strive for
the greatest possible inclusiveness that is combined with checks and balances.
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As provided for in the WPLG (Section D paragraph 2.3.3), ward committees have
no authority, as they only have advisory and consultative powers. This may lead to
frustration among ward committee members (Zybrands 1998:17). Therefore, it may
attract participation by self-nominated and opportunistic leaders with no legitimacy.
This may lead to conflict because the legitimate community leaders may refuse to
participate in powerless structures and revert to protest and resistance.
Furthermore, it can be expected that, in future, councils will be under pressure to
remunerate such ward committee members, or at least to cover their out-of-pocket
expenses (Zybrands 1998:17). Unless ward committee members receive some sort
of allowance, they will in all probability become non-functional relatively soon after
being elected.
A second risk, which is closely related to the first, is that feedback from the
community with regard to the quality and maintenance of local services and
infrastructure is left to the general political process. It does not provide for
consumer rights – other than the provisions for local participation. However, it
remains uncertain whether these participative processes are effective and what
their true implications are. Local structures’ consultative powers or the central
authority’s discretionary influence to decentralise power have certain implications. It
implies that the only final and conclusive sanctions citizens will enjoy are during
local elections every five years. Any local democracy that relies on its periodic
electoral sanctions tends to become characterised by an over-politicised local
government, as well as a highly competitive system of party politics (Sadie in
Venter 2001:299).
The models provided for in the WPLG (Section D paragraph 2.3.3) do not allow for
any citizen’s rights charter. Kroukamp (2001:1) defines a citizen’s rights charter as
an explicit statement of service standards. The lack of such a statement in the
South African situation has certain problematic implications. For example, a suburb
or municipal ward can demonstrate the need for a community hall, but will not have
the power to insist on that particular provision. The electorate will either have to
wait for the next election or revert to extra-constitutional means of obtaining
redress, such as protest actions or boycotts. This is due to the fact that the
provision of services in the WPLG is defined as a function exercised in the context
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of electoral power and not as a service function for which independent and
objective criteria for evaluation and redress exist. Consumer rights cannot be
limited to the leverage that the political processes allow. The Constitution makes
provision for certain socio-economic rights, yet this principle is completely
overlooked in the WPLG provisions (CDE 1998:26).
The third risk is the possibility that the size of metropolitan local government and
large Category B municipalities, although introducing economies of scale in the
design of local administration and infrastructure provision, may lead to
counterbalancing inefficiencies. This is due to the complex administration that is
required in large centralised systems (CDE 1998:26). The municipality’s ability to
meet its own commitments in terms of policy objectives and service delivery has as
much to do with the capacity and efficiency of the administrative system as with
policy and the constitutional basis of government. While economies of scale may
be achieved by centralisation, these aspects can be outweighed by breakdowns of
efficiency due to the increasing size and complexity of local government in large
municipalities (Schoeman in Venter 2001:323-328).
However, the WPLG makes provisions for measures to counteract such effects.
These measures include sub-contracting functions to the private sector, or
restructuring the administration into task forces (Section F). However, trade unions
and other stakeholders such as the South African National Civic Organisation
(SANCO) vehemently oppose these measures (Craythorne 2003:175).
4.16 Integrated Development Planning (IDP)
In terms of the Municipal Systems Act of 2000, the White Paper on Local Government of
1998 and other legislation discussed in chapter three, municipalities are expected to
provide clear and accountable leadership, management, budgeting and direction to
communities to enable them to participate in their own government. Participation is viewed
in relation to the development and management of the municipal area. This includes:
providing household infrastructure and community services;
regulating and planning land-use;
establishing housing and townships;
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local economic development and planning;
environment, healthcare and public health; and
local safety and security.
The lDP enables municipalities to eliminate the fragmented planning and implementation
processes of the past and to bring together and consider important sectors (such as
transport, health, environment and safety), concerns and issues. Furthermore, it enables
them to:
assess the current situation in the municipal area, including available resources,
skills and capacities;
assess the community’s needs;
prioritise these needs in order of urgency and importance;
set goals to meet these needs;
devise strategies to achieve the goals within a set timetable;
develop and implement projects and programmes to achieve key objectives;
set targets so that performance can be measured;
budget effectively with limited resources; and
monitor and reassess the development programme on a regular basis
(Municipal Systems Act, 2000 (Act 32 of 2000): 20, 22, 30, 48 and 54).
Legislation for the development of lDPs was first initiated in the Development Facilitation
Act of 1995 (Act 67 of 1995) and the Local Government Transition Act of 1993 (Act 209 of
1993), as amended by Act 97 of 1996. The White Paper on Local Government further
emphasises the developmental role that municipalities should fulfil. It also prescribes the
use of IDPs as the process whereby municipalities should establish a short-, medium- and
long-term development plan. Key to this process is ‘integration’ and such integration
requires holistic thinking. In order to optimise the use of resources, sectors view
integration in relationship to each other and not in isolation. The Municipal Systems Act of
2000 serves as key legislation to enable the process.
Chapter 5 of the Municipal Systems Act of 2000 describes and regulates the process for
developing the lDP. Section 26 of the Municipal Systems Act describes the core
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components of the lDP, namely:
Creating a vision for the municipality’s long-term development.
Assessing the municipality’s existing level of development.
Developing priorities and objectives for the elected term.
Creating development strategies.
Implementing applicable disaster management plans.
Creating a financial plan and budget.
Developing key performance indicators and targets.
Chapter 2 of the Local Government Municipal Planning and Performance Management
Regulations of 2001 describes additional components for an lDP, namely:
An organisational chart of the institutional framework for implementing the lDP
and addressing the municipality’s transformation needs.
Investment initiatives in the municipality.
Physical, social, infrastructural, economic and institutional development
initiatives in the municipality.
Project plans and programmes to be implemented.
Key performance indicators (Local Government Municipal Planning and
Performance Management Regulations 2001:6).
4.17 Performance management
As the South African local government moves from its transitional phase to one of
consolidation and finalisation, the performance management sphere of government faces
a range of new challenges. For example, local government has an increased role and
responsibility in terms of public service delivery and promoting overall development. This
new role is further founded in a transformed planning and system framework that
emphasises prioritisation, alignment to critical development needs, as well as monitoring
and measuring achievement (cf. Nel 2007:98).
The rationale for developing and implementing performance management systems within
local government is primarily the legislative requirement to introduce such systems, as
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outlined in Sections 38 to 49 of the Municipal Systems Act of 2000. However, the rationale
is not limited to issues of compliance. It is also linked to broader socio-political
developments, which may include the following:
Government’s specific emphasis on service delivery and Batho Pele.
An increasing demand from citizens for transparency and accountability
regarding resource utilisation and service delivery. The need to maximise the
use of resources and reduce wastage and duplication.
The desire to move from a culture of centralisation, command and control, to a
culture of decentralisation, delegation and facilitation.
Within the local government context, there are specific challenges relating to financial
viability; increased access to basic services; and developing appropriate capacity to
deliver sustainable services. In order to address these challenges, the current local
government policy framework, as contained in the White Paper on Local Government
(1998:94-101), the Municipal Systems Act of 2000 and the Public Finance Management
Act of 1999 encourages strong inter-linkages between IDP, budgeting and performance
management.
4.18 Supply Chain Management (SCM)
A supply chain, logistics network or supply network is a co-ordinated system of entities,
activities, information and resources involved in moving a product or service from supplier
to customer. The entities of a supply chain typically consist of manufacturers, service
providers, distributors and retail outlets. Supply chain activities transform raw material and
components into a finished product. The primary objective of supply chain management
(SCM) is to fulfil customer demands through the most efficient use of resources (Wikipedia
2006:1).
SCM constitutes a fundamental component of financial management and aims to bridge
the gap between the traditional procurement methods and the value-orientated SCM
system. At the same time, it seeks to address procurement-related matters that are of
strategic importance. In essence, SCM should not be viewed in isolation, but be seen as
an integrated financial management system (Xavier Corporate Services in Nel 2009:89).
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In the South African context, it became apparent that there was a need for a single
national framework to guide uniformity in procurement reform initiatives within the various
spheres of Government. Therefore, it became necessary to replace outdated and
inefficient procurement and provision practices in Government with an SCM function, as
well as a systematic competitive system for appointing consultants that is fully integrated
with the financial management process.
In view of the aforementioned, the former 2007 Minister of Finance, Trevor Manuel, in
terms of Section 112(1) of the Local Government: Municipal Finance Management Act
(MFMA) of 2003, approved regulations with regard to the framework for an SCM. Notably,
it makes provision for an SCM framework with minimum yet strict requirements.
The National Treasury formulated policy strategy guidelines in September 2003. These
guidelines detail the requirements for establishing an SCM based on the Public Finance
Management Act of 1999 (Act 1 of 1999), as amended by Act 29 of 1999 and the MFMA.
Therefore, it is imperative for local governments to revise their departmental policies to
ensure that they are not in conflict with the Preferential Procurement Policy Framework
Act of 2000 (Act 5 of 2000), its regulations; and the MFMA and its regulations (National
Treasury 2006).
4.19 Risk management
Every company or organisation places a different emphasis on risk. This mostly depends
on the nature of its business; the extent of its financial and other resources; and the
attitudes and abilities of its people. A company’s appetite for risk and its approach to risk
management are strategic issues that the board of directors must decide on. Furthermore,
it should be embedded in its strategies and culture – rather than being left to individual
managers (Wixley and Everingham 2002:78).
Paragraph 3.1.5 of The King II Report (2002), recommends that a systematic documented
assessment “of risk be undertaken of the processes and outcomes surrounding key risks
at least annually for the purpose of making its public statement on risk management”.
Owing to the nature of their work, internal auditors normally assist management in the risk
assessment task. However, it is critical that managers at all levels take full responsibility in
their own areas for identifying, assessing and managing risks. Ultimately, a culture of risk
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management needs to be established within the organisation.
4.20 Conclusion
Chapter Four aimed to clarify key aspects of Local Government and also investigated the
institutional role of municipalities by focusing on their structural/functional framework in
terms of functions and powers. The nature and context of municipal governance in South
Africa was highlighted by clarifying the concept ‘local’ and ‘municipalities’ when used in
relation to government. Attention was also paid to a ‘municipality’ as an institutional entity
and as geographic area; while the key characteristics of Local Government were also
investigated.
This chapter provided the structural framework of municipalities in terms of municipal
categories. Special reference was made to the role of Category A municipalities in the
context of a metropolitan municipality. Attention was paid to the municipal functions and
powers. In terms of Category A municipalities (metro’s), the definition of a metropolitan
area; the objectives of metropolitan government; methods of metropolitisation; the
demarcation of municipalities; demarcating a metropolitan area; and the criteria for
demarcating metropolitan boundaries were considered. The chapter also attempted to
explore how these mechanisms should be applied to ensure good local governance. For
this reason, the municipal council’s relevant decision-making products were also
evaluated on the basis of the legislative provisions, as noted in Chapter Three.
Furthermore, the chapter explained the variables that influence co-operative government
with regard to its context, citizen participation and intergovernmental relations. In similar
vein, attention was paid to the characteristics of developmental government as variables
that influence developmental local government. In addition, aspects and variables relating
to Local Government’s ability to adapt to its new role was also discussed. In conclusion,
this chapter highlighted the role of integrated development planning (IDP), performance
management, supply chain management and risk management, as variables that
influence a municipality’s structural/functional framework.
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CHAPTER FIVE
THE NATURE AND CHALLENGES OF SERVICE DELIVERY IN A METROPOLITAN MUNICIPALITY
5.1 Introduction This chapter aims to answer the secondary research question, as posed in chapter
one (see section 1.3): “What is the nature, problems and challenges of service delivery at the local government sphere with particular reference to a metropolitan municipality? Therefore, the chapter sets out to clarify the objective
posed in chapter one (see section 1.4): “to identify, describe and explain the functions aimed to provide services at the local government sphere”, in order
to establish a clear and meaningful basis for its interpretation and utilisation in the
context of the following objective (see section 1.4) “to explore the challenges and problems of metropolitan service delivery with a view to provide solutions to improve the delivery process”. Hereafter, the focus is shifted to the final chapter,
where certain suggestions will be made that can serve as a guiding framework for
metropolitan municipalities facing the challenges that were identified in the
dissertation.
Providing affordable and efficient services remains the major responsibility and role
of metropolitan councils. Metropolitan councils’ other key responsibilities are to
provide city-wide spatial integration and socially inclusive development. They should
also promote equity, social justice and economic prosperity. Furthermore, these
councils play a key role in ensuring and promoting local democracy by facilitating
citizen participation in decision-making in order to respond to their needs. However,
this can be a challenge, given the nature of metropolitan areas, as well as the fact
that they are often made up of diverse communities (on a racial and/or income basis)
with different needs and priorities. Metropolitan councils need to be responsive to
these diverse needs. Thus, it is necessary to establish municipal forums and ward
committees to ensure citizen participation.
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Firstly, this chapter provides an overview of the functional context of metropolitan
government. This is followed by the role and context of municipalities and service
provision. In this regard, attention is paid to regulatory, social and commercial
services. A metropolitan municipality’s strategic areas are also highlighted. Notably,
the City of Tshwane’s strategic core functions are outlined to demonstrate the
functional divisions of a metropolitan municipality that is geared for delivering
services to the local community.
Municipalities are the Government sphere closest to their constituents and they
render services that materially affect the lives of the inhabitants residing within their
areas of jurisdiction. As previously discussed, Section 152 of the Constitution
provides municipalities with the mandate to ensure that communities receive
sustainable services. This mandate has to be fulfilled in an environment where
municipalities face challenges, such as service backlogs, community expectations, a
lack of finances, as well as institutional and bureaucratic constraints. The need for
municipal change and development is also discussed. The key problems that
municipalities face are also explained and possible solutions for better service
delivery are subsequently provided.
5.2 Functional context of metropolitan government
Every municipal council has municipal executive powers and duties assigned to it by
the Constitution of 1996 and other legislation (see Chapters Three and Four). A
municipality’s executive system refers to the structures through which the municipal
council exercises its executive powers and performs its executive duties. Section 8
of the Municipal Structures Act of 1998 identifies the following types of Category A
municipalities or metropolitan government:
a. “a municipality with a collective executive system;
b. a municipality with a collective executive system combined with a sub-council
system;
c. a municipality with a collective executive system combined with a ward
participatory system;
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d. a municipality with a collective executive system combined with a sub-council
and ward participatory system;
e. a municipality with a mayoral executive system;
f. a municipality with a mayoral executive system combined with a sub-council
participatory system;
g. a municipality with a mayoral executive system combined with a ward
participatory system; and
h. a municipality with a mayoral executive system combined with a sub-council
and a ward participatory system”.
As noted before, a metropolitan municipality follows the mayoral executive system.
The executive authority and leadership is vested in the Executive Mayor, as elected
by the municipal council. A mayoral committee assists the Executive Mayor. Section
54(1) of the Municipal Structures Act of 1998 states that only a Category A
municipality is entitled to an Executive Mayor. If a municipal council has more than
nine members, its Executive Mayor must establish a mayoral committee (Section
60(1) of the Municipal Structures Act of 1998). The mayoral committee consists of
councillors that are appointed by the Executive Mayor to serve on the mayoral
committee (see also Chapter Three).
The mayoral committee generally consists of ten members who are political
representatives. The role of the mayoral committee can be equated to Cabinet within
the National or Provincial sphere of Government. Its duties are to assist with the
exercise of mayoral powers and the performance of duties. The Executive Mayor,
along with members of the executive committee, must exercise and perform all the
duties that the metropolitan municipality delegates to him/her.
Section 73 of the Municipal Structures Act of 1998 allows metropolitan municipalities
to establish ward committees. A ward committee consists of councillors who
represent the ward in council and it does not have more than 10 members. Its
function is to make recommendations to municipality on issues pertaining to the
respective ward.
Ward committees could play a significant role, given that South Africa is a
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participatory democracy. The participatory principle implies that the citizens of a
country or a given community should be actively involved in governing their own
lives, as well as their communities (Gildenhuys 1997:32). Community participation
can take on many forms. The most common form is the municipal elections that take
place every four years. Individuals and interest groups can also engage their
municipality by taking part in meetings and responding to a municipality’s calls for
participation when passing by-laws or adopting policy (see sections 4.9.1 and
4.10.1).
Ward committees are important. If utilised as intended, they serve as a direct voice
for the residents and allow them to participate in the governance of their
neighbourhood community. For the purposes of municipal elections most municipal
areas are divided into wards. The ward participatory system allows committees
established for wards to address matters of local concern.
One of the key advantages of the executive mayoral system is that it “puts a face” to
local government, allowing people to know which mayoral member is responsible for
governing the area where they live. This makes it easy to hold leaders accountable.
Secondly, the mayoral system is intended to provide for decisive leadership, as well
as rapid and responsive decision-making. This will be particularly useful in larger and
complex municipalities. Thirdly, when a Mayor has a charismatic personality and
enjoys substantial support from the public and the private sector, he/she can play an
instrumental role in inspiring business confidence, as well as building beneficial
relationships between the municipality and different interest groups. Notably, this
boosts economic development and ultimately improves the lives of citizens within the
municipality.
5.3 Municipalities and service provision
Local Government is on the frontline of service delivery (Stofile 2002:1). Moreover, it
is both National and Provincial Government’s contact point with the people (Mbeki
2002:2). According to the Reconstruction and Development Programme (RDP),
municipalities are key institutions with regard to delivering basic services (see
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section 3.2.9). This view is ensconced in Section 152 of the Constitution, which
determines that one of the objectives of municipalities is to provide services to
communities in a sustainable manner. In line with the above view, municipalities’
functions have traditionally been classified into two groups, namely line and
supporting functions. This dissertation will mostly focus on line functions, as these
functions are the service delivery activities that influence the local community’s
perception of a municipality’s level of service delivery.
Schedule 4, Part B (see section 3.2.4) of the Constitution stipulates a number of
direct delivery and regulatory (line) functions that municipalities need to perform.
This includes services such as regulating air pollution, building regulations, child-
care facilities, electricity and gas reticulation, fire fighting services, local tourism,
municipal airports, municipal planning, municipal health services, municipal public
transport, municipal public works, pontoons, ferries, jetties, piers and harbours,
storm water management systems in built-up areas, trade regulations, as well as
water and sanitation services. Schedule 5, Part B of the Constitution lists the
following as further municipal services, namely beaches and amusement facilities;
billboards and displaying advertisements in public places; cemeteries, funeral
parlours and crematoria; cleaning; controlling public nuisances; controlling
enterprises that sell liquor to the public; facilities for the accommodation, care and
burial of animals; fencing and fences; licensing of dogs; licensing and controlling
enterprises that sell food to the public; local amenities, sports facilities and markets;
municipal abattoirs; municipal parks and recreation; municipal roads; noise pollution;
pounds; public places; refuse removal; refuse dumps and solid waste disposal; street
trading; street lighting, traffic and parking.
These schedules contain a wide spectrum of services that need to be provided. This
ranges from traditional services, such as the provision of water, sewage, sanitation,
electricity and roads, to other less-traditional services such as child-care facilities
and controlling the sale of liquor to the public. Some aspects of municipal
responsibility, such as pontoons, ferries, jetties and harbours are listed in detail,
while others are vaguely described as local amenities (Zybrands 2001:219). These
services will also be explained in the following sections.
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These services encompass regulatory, social and commercial services, as mandated
by the Constitution (Craythorne 2003:158-178 and Zybrands in Venter 2001:225).
Regulatory services refer to building control, disaster management, fire protection,
land-use control, pollution control and traffic and policing services. Social services
include ambulances, burial and cremation, environmental health, personal
healthcare services, cultural enrichment, housing development, parks, sports and
recreation. Commercial services refer to abattoirs, electricity supply, public transport,
roads, streets and rainwater drainage, sewage disposal, solid waste removal, water
supply and local economic development (De Villiers 2001:53). These services are
subsequently explained.
These services are also known as external services, as they are rendered to the
general public within the municipality’s jurisdiction. Internal services are rendered
within the municipality. Such services include human resources management and
information technology assistance. These internal functions/services assist other
departments to perform their mandate better. The above-mentioned internal services
are also known as staff functions (Gildenhuys 1997:24). The vast service delivery
backlogs that exist – particularly in the previously neglected areas – remain a
challenge for South African Local Government. A report published by the
Department of Provincial and Local Government (DPLG) (2000:8) illustrates the
severity of the situation, as indicated by Tables 5.1 and 5.2 below:
Table 5.1: Distribution of services in urban and rural areas in 1996
Below basic Basic Intermediate Full services
Total
Water Urban 10.1% 12.7% 13.6% 63.6% 100.0%
Rural 39.2% 36.6% 13.5% 10.8% 100.0%
Total 21.8% 22.3% 13.5% 42.3% 100.0%
Sanitation Urban 25.8% 2.0% 0.0% 72.2% 100.0%
Rural 75.8% 16.0% 0.0% 8.3% 100.0%
Total 45.9% 7.6% 0.0% 46.5% 100.0%
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Electricity Urban 21.4% 0.1 % 18.8% 59.7% 100.0%
Rural 67.6% 1.3% 18.8% 12.3% 100.0%
Total 40.0% 0.6% 18.8% 40.6% 100.0%
Roads Urban 16.0% 8.8% 21.2% 53.9% 100.0%
Rural 42.7% 42.7% 13.3% 1.3% 100.0%
Total 26.7% 22.5% 18.0% 32.7% 100.0%
Storm water Urban 20.4% 14.4% 11.5% 53.6% 100.0%
Total 20.4% 14.4% 11.5% 53.6% 100.0%
Waste removal Urban 18.3% 2.1 % 0.0% 79.6% 100.0%
Rural 53.3% 42.4% 0.0% 4.3% 100.0%
Total 32.4% 18.3% 0.0% 49.3% 100.0%
A basic level of service is defined as one that ensures or meets health and safety
requirements. To illustrate, in the case of water, a basic level of water provision will
mean that there are at least communal standpipes. The intermediate level of service
will mean that there is a yard tap; full service means that the recipient has in-house
running water (Department of Provincial and Local Government (DPLG) Service
Backlogs Report 2000:6).
Table 5.1 highlights that rural areas have the worst service provision standards.
Probable reasons for such vast variations in service delivery can be attributed to the
past apartheid-induced biases in terms of service expenditure and delivery. Table
5.2 illustrates the total capital requirements calculated in 2000 that were needed to
meet the various service levels.
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Table 5.2 Estimated cost of meeting service backlogs 1998-2007
Targeted Service Level Capital Needed
Basic R39-billion
Intermediate R104-billion
Full R230-billion
Source: Gugu Moloi in Netshakhuma 2006:80
As can be deduced from the above, meeting the targeted service levels will require
large sums of capital investment. Government publications, such as the White Paper
on Local Government Service Partnerships of 2000 (No. 2116 of 2000), have
acknowledged that other innovative financing solutions need to be devised to acquire
the required capital resources to meet service delivery needs. These include private
sector partnerships and more prudent financial management practices (White Paper
on Local Government Service Partnerships 2000: Section 1).
5.3.1 Regulatory services
The context of regulatory services will be explained in the following sub-sections.
5.3.1.1 Building control service
Building control services include the approval of building plans; inspection of building
sites; general inspections to detect illegal building activities; legal action against
transgressors; and construction and maintenance of all municipal buildings. In the
practical sense, it implies that engineers, health officials and fire officials have to
examine building plans to ensure public safety. Such plans should also be checked
to ensure that they comply with the National Building Regulations, the zoning
scheme and municipal regulations. Furthermore, every municipality requires office
buildings and workshops to operate from (Cloete 1997:106). The construction and
maintenance of these buildings should be attended to meticulously to prevent
substandard buildings and that buildings fall into disrepair.
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5.3.1.2 Disaster management Section 1 of the Disaster Management Act of 2002 (Act 57 of 2002) defines a
‘disaster’ as a progressive or sudden, widespread or localised, natural or human-
caused occurrence that causes or threatens to cause death, injury and disease;
damage to property, infrastructure or the environment; or disrupt a community. It is
also of a magnitude that exceeds the ability of those affected by the disaster to cope
with its effects by using only their own resources. Disaster management activities
should aim to protect local inhabitants during or after such crises. These activities
include emergency planning; co-ordinating civil protection; operating the central
communication system; implementing preparedness campaigns; and volunteer and
public awareness training.
The Disaster Management Act requires that municipalities plan for emergencies and
disasters, such as floods, the washing away of roads and possible disasters when
hazardous substances are transported through their jurisdiction area.
5.3.1.3 Fire protection services
Municipalities should provide fire protection service activities, such as the
maintenance of fire stations and fire-fighting equipment; continuous in-service
training of fire brigade personnel; comments on building plans that ensure
compliance with fire regulations; building inspections to ensure compliance with fire
regulations; site inspections for fire hazards and extinguishing fires (Cloete 1997:17).
The practice in municipalities is that a fire service becomes a rescue service and in
some instances it also provides an ambulance service.
5.3.1.4 Land-use control services
Land-use control services that a municipality should provide include inspection of
properties for contravention of zoning regulations and implementing legal action
against transgressors (Gildenhuys 1997:18). Municipalities deal with land-use
planning by allocating uses to specific areas of land on a map and by regulating how
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those uses will be implemented through zoning scheme regulations or town-planning
regulations. This is a complex form of planning. Apart from compiling local structure
plans within an overall zoning or town-planning scheme, the planners have to take
cognisance of regional, provincial and national development plans. The applicable
legislation is the Physical Planning Act of 1991 (Act 125 of 1991), the Regional
Industrial Development Act of 1993 (Act 187 of 1993) and the Development
Facilitation Act of 1995 (Act 67 of 1995).
5.3.1.5 Pollution control services
Pollution control activities include measuring air and natural water system pollution;
inspecting sites for land pollution; testing municipal water supply for chemical and
bacterial contamination on a regular basis; and implementing legal action against
transgressors. Due to their proximity to the people who destroy and pollute the
environment, municipalities are best-suited to play a significant role in environmental
conservation (USAID in Netshakhuma 2006:67).
5.3.1.6 Traffic and policing services
A traffic service should be a disciplined (incorruptible) service under almost military-
style command and control. For this reason, there should be a single chain of
command and control (Craythorne 1997:432). Traffic and policing service activities
include the registration and licensing of motor vehicles; testing vehicles and issuing
roadworthy certificates; testing and licensing motor vehicle drivers; law enforcement;
and general municipal policing.
5.3.2 Social services
Social welfare service activities include ambulances, burial and cremation,
environmental health, personal health care, cultural activities, housing development
activities and parks, as well as sports and recreation activities.
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5.3.2.1 Ambulance services
Ambulance services refer to the transporting of patients by ambulances,
maintenance of ambulance vehicles and in-service training of paramedic staff.
5.3.2.2 Burial and cremation services
Even the smallest village needs a cemetery. Cemeteries take up fertile soil and the
cost of maintaining cemeteries is rising. Thus, cremation of the dead is becoming
increasingly popular. Municipal burial and cremation services include the
maintenance of cemeteries and crematoria; digging graves; and burying and
cremating corpses.
5.3.2.3 Environmental health services
Environmental health services include removing night-soil and sewage removal from
septic tanks; street cleaning; removal and disposal of carcasses; pest control;
inspecting premises for health hazards; and food inspection at stores (National
Health Bill 2003). Even the smallest municipality should provide services for refuse
and night soil removal in order to prevent unhygienic conditions and garbage from
piling up.
5.3.2.4 Personal healthcare services
Municipalities should render specified personal healthcare services to prevent
unhygienic conditions from developing in its jurisdiction area. These services include
providing and maintaining clinics; pre- and post-natal care; inoculation against
contagious diseases; birth control; rehabilitating drug addicts, providing nutrition to
the malnourished and needy; providing medication; and fighting HIV/AIDS.
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5.3.2.5 Cultural services
Municipalities should create opportunities for cultural activities. In this regard, they
should provide libraries, art galleries and art exhibitions, and organise music
concerts (symphony and other orchestras) (Gildenhuys 1997:21).
5.3.2.6 Housing development services
In terms of the National Housing Code (2000:98) a municipality’s housing activities
include the following:
Establishing a township to provide stands;
Building low-cost housing;
Maintaining a waiting-list for low-cost housing;
Allocating and selling low-cost housing;
Allocating stands for self-build, low-cost housing schemes
Building, maintaining and renting out municipal housing.
5.3.2.7 Parks, sports and recreation services
A municipality should render certain parks, sports and recreation services. This
includes the development and maintenance of parks, pavements, road reserves,
public open spaces, nature conservation, cultivating plants and seedlings in
nurseries for own use, making provision for and the maintenance of sports facilities,
and developing sports and organising sporting events (Craythorne 1997:430).
5.3.3 Commercial services
A municipality’s commercial service activities include abattoirs, electricity supply;
public transport, roads, streets, rainwater drainage, sewage disposal, solid waste
removal, water supply and local economic development.
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5.3.3.1 Abattoir service
Abattoir services refer to providing and maintaining abattoir facilities; slaughtering
animals; inspecting and grading meat; and destroying infected and contaminated
carcasses and meat. In most municipalities, private companies operate abattoirs..
However, in smaller municipalities where there is a need for such a facility, the
municipality provides the service (Craythorne 1997:433).
5.3.3.2 Electricity supply services
A municipality’s electricity supply services include providing and maintaining an
electricity supply network; building and maintaining high- and low-voltage-
conductors, as well as sub-stations; inspecting buildings’ electrical wiring; and
supplying and maintaining of streetlights. According to Cloete (1997:101), a small
number of municipalities generated their own electricity before the end of the
nineteenth century. This resulted in a situation where a considerable number of
South African municipalities had their own power stations. After the establishment of
the Electricity Supply Commission (ESKOM), in terms of the Electricity Act of 1922
(Act 42 of 1922), municipalities can buy electricity in bulk from ESKOM and resell it
to residents at a profit. This is utilised to supplement the municipality’s income from
taxation to provide unprofitable services, such as cleaning streets.
When political parties launched their 2011 municipal election campaign, they made
various promises including the provision of free basic electricity (Sepotokele 2001:7).
However, the Government underestimated the enormity of providing free electricity.
It could be expected that this non-compliance with an election promise may lead to a
situation where the community lacks confidence in their elected representatives. This
might have repercussions in the next local government elections.
5.3.3.3 Public transport services The public transport services that a municipality could render include providing and
maintaining public transport facilities, pontoons, ferries, jetties, piers and small boat
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harbours; and providing and maintaining parking facilities and taxi ranks (Province of
the Eastern Cape Provincial Gazette 2003:11).
5.3.3.4 Roads, streets and storm water drainage services The above-mentioned services include constructing and maintaining local roads and
streets, traffic signs and marks, paved sidewalks, rainwater drainage systems, as
well as traffic engineering. Due to its economics and scale, road maintenance has to
be decentralised into districts, which serve specific groups or suburbs (Craythorne
1997:429). Roads are expensive to build and should be maintained efficiently.
Drainage refers to storm water and sewerage (also known as waste water) systems.
Both of these services consist of widely dispersed underground pipes or surface
works (known as systems) and should be maintained and kept operating at
municipal level.
5.3.3.5 Sewage disposal service The sewage disposal service that a municipality should supply includes the
construction and maintenance of sewerage systems, supplying sewerage
connections to individual users’ premises and inspecting sewerage connections
(National Health Bill 2003).
5.3.3.6 Solid waste removal services Solid waste is also known as refuse. This service includes regularly collecting and
removing refuse, recycling solid waste (composting), and collecting and removing
garden refuse (National Health Bill 2003).
5.3.3.7 Water supply services Water supply services include constructing and maintaining bulk water supply and
water reticulation networks, as well as supplying water connections to individual
consumers. The municipality’s goal should not only be to supply sufficient water, but
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also to prevent diseases. Consequently, as a town expands, the municipality has to
find funds for establishing reservoirs, purification works and a water reticulation
system.
Since 2000, the Department of Water Affairs and Forestry has investigated the
feasibility of providing a cost-free basic level of water supply to poor consumers
earning less than R1 100,00 per month. Government as a whole has supported this
initiative. As a result, former president Thabo Mbeki announced in September 2000
that Government aimed to provide free basic services (Department of Water Affairs
and Forestry in Netshakhuma 2006:58). In February 2001, the Minister of Water
Affairs and Forestry announced that Government had decided to provide a basic
supply of 6000 litres of potable water per month to poor households free of charge.
The majority of municipalities have supported this initiative.
5.4 Strategic focus areas of a metropolitan municipality The strategic focus areas of the City of Tshwane Metropolitan Municipality are
selected to demonstrate the following strategic areas of a metropolitan municipality
(cf. Nyamukachi 2004):
Encouraging economic growth and development in order to make the City of
Tshwane Metropolitan Municipality’s economy globally competitive and more
focused.
Establishing new local governance structures to ensure democratic,
responsible and equitable governance, as well as efficient and effective
service delivery.
Managing physical development in order to compact and integrate the city, as
well as to improve the quality and liveability of the urban and rural
environment.
Ensuring community well-being by addressing poverty and making essential
services and facilities available, accessible and affordable.
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Ensuring a safe and secure environment by making community safety
services available and accessible.
Strengthening Tshwane’s national status as the sole capital city of South
Africa.
Building Tshwane's international image and reputation as the African centre of
excellence.
Caring for natural and cultural resources by preserving, utilising and
enhancing them (Tshwane Annual Report 2001: 2.1).
5.4.1 Services provided by metropolitan municipalities In line with the provisions of the Constitution of the Republic of South Africa of 1996,
municipalities have to undertake specified functions in order to deliver basic services
to communities.
As an example of metropolitan core functions, the City of Tshwane has created
functional divisions to perform these key functions. The Tshwane Metropolitan
Municipality is structured according to the services that need to be provided. Thus, it
is designed in such a way that all activities regarding the provision of a certain
service/product or related group of services are clustered together under a section or
department (Cronje et aI. 1987:98).
5.4.1.1 Providing electricity services
In order to realise the goal of providing electricity facilities and services, the Tshwane
Electricity Division has the following sub-functions:
generation;
primary power distribution;
secondary distribution;
energy management; and
management and administration
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5.4.1.2 Providing water and sanitation services
Sub-functions under the Water and Sanitation Division include:
bulk water;
water distribution;
sewerage connection;
waste water treatment; and
support services (Tshwane Annual Report 2001:5.1).
5.4.1.3 Providing roads and storm water services
This division’s mission is to provide storm water infrastructure in an effective,
efficient, affordable and sustainable manner. The department’s sub-functions
include:
traffic engineering;
roads and storm water infrastructure provision and storm water management;
infrastructure maintenance;
support services; and
operational services (Tshwane Annual Report 2001:15).
5.4.1.4 Providing community safety services
The Community Safety Division provides the Tshwane community with community
safety services. It has six sub-functions and key performance areas, namely:
metropolitan police services;
emergency services;
disaster management services;
administrative support services;
emergency reporting services; and
education, marketing and liaison services.
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5.4.1.5 Providing community/social development services
Sub-functions and departments include:
museums;
sports facilities;
recreation centres; and
cultural development.
This division provides services such as sports facilities, development programmes,
sports marketing and events, sports career training programmes, art appreciation
programmes, recreation facilities, youth and gender development programmes
(Tshwane Annual Report 2001: 9.1).
5.4.1.6 Providing environmental management services
The strategic and focus area of the Environmental Management Division is to
manage Tshwane’s physical development to improve the quality and liveability of the
urban and rural environment. There are three sub-functions, namely:
horticulture;
environmental conservation and resorts; and
waste management.
5.4.1.7 Providing economic development services
The Economic Development Division has the following sub-functions:
local economic development;
city planning and management;
transport planning and management;
fresh produce markets; and
Wonderboom Airport.
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5.4.1.8 Providing social development services
The Social Development Services Division has the following sub-divisions or
functions:
housing;
health;
library and information services; and
social welfare services.
5.4.1.9 Providing human resources services
As a staff-focused function, the Human Resources Division provides support to the
other departments and Tshwane as a whole. The division has the following sub-
functions (Tshwane Annual Report 2001:13.1):
staffing and employment equity;
structural development;
remuneration and benefits administration;
labour relations;
occupational health and safety;
organisational development; and
operational services.
5.4.1.10 Providing finance and audit services
The purpose of the Finance Department is to manage the Municipality's finances by
creating a corporate financial management system that is effective and ensures
optimal utilization of the Municipality's financial resources. The Department also
performs a staff function and renders internal support services to the other Municipal
departments. Its strategic focus areas are (Tshwane Annual Report 2001:12.1):
budget management;
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debtor management and credit control;
integrated debtors billing and accounting service;
financial management and control;
risk management (including insurance) administration services;
internal support services;
salary, wage and creditors payment financial administration and control
service; and
cash flow management.
5.4.1.11 Providing corporate services
The Corporate Services Division has the following sub-functions (Tshwane Annual
Report 2001:11.1):
secretariat services;
language and editing;
procurement services;
property management;
communication and marketing;
asset management;
fleet management;
information technology;
legal services;
support and auxiliary services; and
corporate administration.
5.4.1.12 Providing operational services
The Operations Division’s purpose is to provide effective, efficient corporate
operations services to the Executive Mayor, Municipality and divisions of the City of
Tshwane Metropolitan Municipality. The operations sub-functions include (Tshwane
Annual Report 2001:14.1):
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governing mainly administrative support services to the Executive Mayor,
mayoral committee, councillors and committees;
office of the Municipal Manager;
administration units; and
special projects.
In addition to the core functions above, the City of Tshwane Metropolitan Municipality
also carries out services that the provincial and national governments have devolved
to the Municipality. The major services in this category include:
community safety services;
emergency services (emergency medical services);
social and community development division;
municipal policing;
service delivery; and
restructuring and economic development.
Therefore, it can be deduced that the Tshwane Metropolitan Municipality and all the
other municipalities’ core business is service delivery.
5.4.1.13 Local economic development
Local economic development (LED) is a relatively new service that municipalities
need to render, since it did not form part of their traditional functions in the previous
regime. According to Harrison et al. (in Reddy et al. 2003:176) it is increasingly
regarded as complementary to nationally and provincially driven economic
strategies, programmes and policies.
5.5 Problems of metropolitan service delivery
The following sections will describe particular service delivery-related problems that
metropolitan municipalities face. These findings were derived from literature, as well
as from interviews held with specific personnel – mainly at management level at the
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Tshwane Metropolitan Municipality. Information has also been obtained from the
Municipality’s internal official documents. The personnel interviewed were mainly
general managers and senior departmental managers. They were specifically
selected due to their level of management, as well as their understanding of the
overall metropolitan municipality-related issues.
This description is not intended to be an exhaustive list of problems metropolitan
municipalities face. Instead, it is meant to highlight the major or common problems
identified that require reforms of varying proportions. The following paragraphs will
explore the key problem areas, as identified for the purposes of this dissertation.
5.5.1 Service backlogs Metropolitan municipalities are often referred to as divided cities – particularly
referring to the stark contrast in development between communities. Many areas
(particularly in poor areas) are still under-serviced. This problem is further
exacerbated by the growing informal settlements. There are also backlogs with
regard to the maintenance of existing infrastructure, which in many respects fall short
of meeting the standards required by communities.
Billions of rands are required to meet the roads and water services delivery
backlogs. Many municipalities across South Africa face this challenge. Financing and
delivery strategies need to be devised to accelerate the service delivery process.
5.5.2 Community expectations
After South Africa’s first democratic elections in 1994, the ANC came to power.
Notably, the ANC also dominated the subsequent municipal elections of 1995/96 and
2000. This led to a change in South Africa’s political scenario, from an apartheid-
driven society to a non-discriminatory one. The ANC was voted into power because
most Black South Africans thought that their expectations would be met; in some
cases with immediate effect (Fourie 1997:223). These expectations included better-
quality service delivery. This implied the redressing of past imbalances, while
maintaining continuity at all levels of society. Furthermore, there was a focus on
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meeting the needs of inhabitants who are living below the poverty line, as well as
those who were previously disadvantaged in terms of service delivery.
According to Fourie (1997:223), the realities of these expectations should be
considered to understand the background against which municipalities provide
services. These realities include the following:
Poverty
In the rural areas of South Africa 53.4% of the people are poor. In the urban
areas 20.5% are poor and in the metropolitan areas 26.1% are poor (Booysen
2003:4). Thus, it is critical for municipalities to focus on poverty eradication
and job creation strategies.
Unemployment
According to Census 2001, 63% of the total economically active population of
South Africa was situated in urban areas. A little over half of the African
economically active population could be found in urban areas and the other
half in rural areas. Of the rural economically active African population, 86%
were unemployed, compared to 33. 9% of all population groups for the
country as a whole. The high level of unemployment negatively influences the
affordability level of service delivery. This situation has a bearing on revenue
collection and hampers municipalities’ cash flow.
Health
The infant mortality rate in rural areas is estimated to be 65% higher than in
metropolitan areas (Department of Health Statistics in Netshakhuma
2006:67). A number of children die from preventable illnesses, such as
tuberculosis, diarrhoea and fever; these conditions are usually due to
inadequate sanitary conditions. The rapidly-growing HIV/Aids pandemic is
likely to alter the population’s demographic profile significantly. Notably, it is
reversing development gains; destroying millions of lives; widening the gap
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between rich and poor; and undermining socio-economic development
(Centre for Health Systems Research and Development 2002:19). This
situation reflects negatively on municipalities’ quality of service delivery.
Infrastructure
According to the Department of Provincial and Local Government (DPLG)
(Succeed/Essential Publication in Netshakhuma 2006:68) the backlog in
infrastructure provision in South Africa is immense. Meeting this backlog
requires large capital input from business and users, as well as institutional,
training, and technology development. Municipalities face the following
infrastructure shortcomings (IDP in Ackron 2011:46):
o poor access to and within towns;
o inadequate electrical reticulation;
o insufficient water reticulation;
o inadequate social facilities for the elderly;
o inappropriate sanitation facilities; and
o HIV/Aids influence.
5.5.3 Insufficient financial resources South Africa’s local sphere of governance has undergone a process of fundamental
transformation. This includes the amalgamation of municipalities with neighbouring
settlements and townships. This situation emanates from the following challenges:
An annual budget that is mainly on paper and cannot be implemented
positively to render services to the community due to a lack of funds.
A poor billing system due to the fact that some housing units in the area are
not numbered.
Financial resources are not always sufficient to meet delivery needs. Therefore,
metropolitan municipalities need to prioritise services and introduce mechanisms or
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systems to allocate funds efficiently. Non-payment of services is a widespread
problem that exacerbates the financial situation. Therefore, proper financial
management is required, while other financial sources need to be investigated. The
partnerships described In Chapter Two may be applied as a solution to the financial
problems, by harnessing the financial capacities of the private sector.
The reasons that have led to this situation will subsequently be explained.
Culture of non-payment for municipal services
A programme that was initially launched as a peaceful measure to force
political change in South Africa has developed into a threat that may destroy
the results of that measure. Outstanding debts owed to municipalities total
more than R24-billion in 2002 and are escalating (RSA Intergovernmental
Fiscal Review 2003:43-44). Reasons for this situation include the possibility
that non-paying consumers may have adjusted their lifestyles in accordance
with their higher disposable income, or unemployed people who are simply
too poor to pay for services (Zybrands in Venter 2001:219). Other possible
reasons for non-payment of municipal services include the political and
administrative inability to deal with the problem effectively. Furthermore, there
is a perception of entitlement, whereby community members expect these
services to be delivered free of charge.
However, in the Centre for Development Support Report (2001:159), Burger is
of the opinion that the non-payment of services concerns the question of
whether non-payment results from poverty (an ability-to-pay problem) or a
culture of non-payment (a willingness-to-pay problem). If the problem is a
culture of non-payment, the solution may be to eradicate that culture – either
by an incentive scheme (the carrot method) or by legal means (the stick
method). However, if the problem is poverty, it is an indication that
households cannot afford the level of services the municipality delivers.
However, this may be a simplistic view, as other contributing factors may also
exist, such as dissatisfaction with the quality of service delivery.
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In the Centre for Development Support Report (2001:82), Botes and Pelser
argue that reasons for non-payment of municipal services differ substantially
between rural and urban areas. In many urban areas there are significant
proportions of households that are able to pay for services, but rather opt for
‘free-riding’. In turn, an inability to pay for services is more acute in rural
areas. Therefore, the strategies to address non-payment should differ
between urban and rural areas. Moreover, the challenge of improving the
payment of services must focus on addressing the free-rider syndrome.
Therefore, it is recommended that a municipality initiate a process of close co-
operation with inhabitants to address the issue of non-payment in a
collaborative, innovative and humane manner.
Poor financial management
According to Erasmus and Visser (2002:1), public financial management
involves general governmental fiscal issues, as well as social, economic and
political dimensions. The Municipal Finance Management Act of 2003 (Act 56
of 2003) regulates the financial management of municipalities to ensure that
all revenue, expenditure, assets, liabilities and municipal public entities are
managed efficiently and effectively. The afore-mentioned Act also provides for
responsible persons to be entrusted with local-sphere financial management.
Zybrands (in Venter 2001:219) states that councillors embarked on a
spending spree and in the process stripped assets from the accumulated
reserves and depleted operating capital. As a result, municipalities had to
borrow funds from financial institutions. These institutions are reluctant to
advance further funds, as they perceive municipalities as high-risk borrowers.
To compound matters, the Municipal Demarcation Board failed to conduct
financial viability assessments during the demarcation process. This led to
negative perceptions with regard to creditworthiness within the municipal
borrowing sector, as well as market anxiety about the nature, pace and
duration of the transformation process itself (Business Day 2002:5).
Furthermore, sound financial management requires a degree of financial
expertise. Without such expertise, financial mismanagement becomes
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inevitable. The situation in South African municipalities is exacerbated by the
fact that a number of knowledgeable treasury officials have resigned. This has
left a void that will not easily be filled.
5.5.4 Institutional constraints and bureaucracy The one recurring problem (and one of the compelling factors that necessitates
reform) is the ‘red tape’ and ‘bureaucracy’ in large municipalities. It sometimes takes
months to obtain approval/resolution from a metro due to a long bureaucratic
approval process. At every stage a different department with different lines of
authority deals with the matter. Notably, the initiator/initiating department has no
direct control influence with regard to the speed of action.
Research conducted by the KPMG (in Business Day 2002: 5) on the Tshwane
Metropolitan Municipality’s electricity division revealed that a procurement committee
must approve any expenditure exceeding R120 000. This requirement hindered
delivery – particularly within the Electricity Division. To illustrate this, an example is
given of how a transformer costs approximately R120 000. However KPMG research
states that the effort required to obtain such infrastructure is not “... reflective of the
value of that infrastructure in the greater scheme of things” (KPMG in Business Day
2002:5).
This red tape and bureaucracy emanate in part from the institutional arrangements,
as well as from the comprehensive rules and regulations that have to be met.
Potgieter and Pillay (2001:3) cite that metropolitan municipalities, such as the
Tshwane Metropolitan Municipality, follow an ‘... overly centralised administrative
approach’. According to the authors, this shortcoming contributes to ineffectiveness.
Furthermore, decentralisation mechanisms, such as the establishment of regional
administrations or service delivery districts, need to be investigated to counteract
this. Potgieter and Pillay (2001:3) further explain that within the current institutional
arrangement “... far too many service/functions/departments depend entirely on the
rates base, which is not sustainable. Income generating services/departments are
made to compete on the same level as non-trading services and the income from the
trading services is incorporated in the income budget. In this process accountability
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is lost and chances of the income generated being used to develop the trading
department, are thwarted” (see section 4.9).
5.5.5 Other Other departmental-specific problems differ from one department to the other.
However, these fall beyond the scope of this research.
5.6 Need for municipal change and development Traditional public institutions generally tend to be exceptionally centralised and the
locus of power is located at the top of the institutional hierarchy. The traditional
public institution is also rule-based and the organisational structuring tends to be
bureaucratic, inflexible and slow to respond. Such mechanistic institutional structures
are a result of classical management theories by theorists such as Max Weber and
Frederick Taylor (Robbins 1997:42). These theories have influenced how institutions
are structured and how managers manage. Similarly, Gabris (in Halachmi et aI.
1995:52) refers to conventional management, which stresses centralisation and the
use of control and rules to ensure compliance and to achieve set objectives. Rules
and control measures per se are necessary for proper management. However,
problems arise when there is an over-reliance on these formal performance-based
systems, or when rules obstruct performance, which may adversely affect employee
morale. Centralised and rule-based institutions often get entangled in their own rules;
this hinders quick decision-making and action (Robbins 1997:36). Gabris (in
Halachmi et aI. 1995: 69) points out that conventional management might even work
to the extent of achieving institutional goals. The one advantage of this is that
change is minimal and incremental and thus there are little or no unforeseen events.
This might be viewed as stability. However, the author cautions that conventional
management fails in a number of areas. Firstly, it fails to implement transformational
change – even when change is imperative and environmental threats are taken into
consideration. Secondly, conventional management falls into the trap of achieving
and accepting only average performance – just “doing well enough” Gabris (in
Halachmi et aI. 1995: 69).
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In similar vein, Delulio (1994) notes that even the most dedicated and talented
employees are bound to be unsuccessful if there are stringent rules, procedures and
practices that thwart innovation. Potgieter and Pillay (2002:2) write that metropolitan
municipalities need to shift from the ‘old paradigm’, where the municipality is the
single service provider. Furthermore, the authors note that the red tape, rules and
procedures that the municipal employees are subject to, thwart innovation. This
contributes to a lack of optimal performance. This old paradigm is also characterised
by a culture, or principle of sheltered employment regardless of whether goals are
met.
Municipalities face numerous problematic institutional issues and challenges, such
as structure and bureaucratic procedures, as well as limited resources, growing
needs, and citizens demanding improved service delivery. There is no denying that
reform is obligatory to revitalise municipalities and to enhance service delivery in
metropolitan municipalities. If municipalities want to improve their performance and
accelerate service delivery, changes to their structure and processes are necessary.
O'Neil (in Nyamukachi 2004:8) further identifies factors such as globalisation and the
need for agility. The author argues that “... traditional institutional bureaucracies are
becoming, at best irrelevant, at worst impediments to achieving important
objectives”. One other factor O'Neil (Nyamukachi 2004:7) identifies is blurred
sectoral boundaries between the role and place of public and private sectors. The
traditional distinctions between these sectors are constantly being redefined,
changing the debate on what makes a ‘public good’ or ‘private good’.
Technological developments, particularly in the information, communication and
technology (ICT) sector and the growth of the Internet are altering the way people
live, interact and do business. Consequently, the government-to-citizen relationship
is not immune in this technology-intensive era. These are some factors driving the
change in the public sector, which also apply to municipalities.
Nolan (Nyamukachi 2004:7) refers to the kind of government that developed during
the industrial era of the 1930s and 1940s. These governments were characterised by
sluggish, centralised bureaucracies and a preoccupation with rules, regulations and
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hierarchical chains of command. He further argues that such centralised
organisational systems are obsolete and no longer worked well in the constantly
changing, information rich, knowledge-intensive society and economy of the 1990s.
In similar vein, in South Africa, it can be deduced that the kind of systems that have
been created in the past decades cannot be expected to remain unchanged in a new
era with new and greater challenges. The historical policies and practices have
shaped and in many ways still define South Africa today. Undeniably, change is
imperative when considering the stark contrast between the privileged and under-
privileged and the disparity between these communities’ access to services. The
ultimate goal should be to ensure that access to services becomes a reality for all.
Thus, there is a need for innovative solutions, strategies and new ways of structuring
institutions and delivering services. In other words, changing how municipalities are
organised and ensuring that they are structured for optimal performance and
delivery. This also implies a change in processes, people and institutional culture.
5.7 Problems and solutions The poor level of particular services influences the willingness to pay for services
rendered by the municipality. Therefore, it is recommended that councils should
develop a customer-care policy to create a positive and reciprocal relationship
between the council, residents and service providers. Councillors must be trained to
understand the importance of customer-care. Then, the Municipal Manager should
compile a policy that should be submitted to council for approval. Further guidelines
should include the following:
5.7.1 Capacitate officials Community members are dissatisfied with the manner in which they are treated
when visiting the municipality. This is an indication that the officials do not appreciate
the importance of customer-care and should be capacitated in this regard. Therefore,
a service provider should be appointed to provide a workshop where officials are
briefed on the contents of the customer-care policy, as adopted by Council.
Furthermore, the workshop should cover the importance of customer-care to improve
the community’s perception of service delivery. Customer-care must thereafter be
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included as a key performance indicator (KPI) for individual employees in an effort to
measure residents’ reaction to this particular service.
5.7.2 Establish a competent call centre A call centre is a place where the residents experience human contact in a
professional service-focused, user-friendly environment. Poor communication is
experienced between residents and the local municipality. Establishing a call centre
will improve the communication channels, as it will provide a mechanism for service
users and ratepayers to give the council feedback on the quality of the services that
are delivered. Furthermore, it provides accessible mechanisms for residents to query
or verify accounts and metered consumption. The initial cost of establishing a call
centre can be minimised in smaller municipalities by using existing premises and
deploying existing staff members to occupy the call centre. The call centre must be
accessible and the officials identified to occupy the call centre must be trained with
regard to telephone etiquette and the basic compilation of municipal accounts.
Furthermore, the response to calls should be prompt.
5.7.3 Commercialisation of accounts The municipality’s monthly service delivery account should inform residents of
municipal activities such as budget and ward meetings. Furthermore, local
businesses should be invited to advertise their goods and products on the monthly
account. The advertisements should be placed at a cost determined by the council
and will also contribute to better communication. The income generated by this
process should be utilised to subsidise consumer accounts.
5.7.4 Develop an Imbizo system to improve community involvement An alternative method of having Imbizo’s with different wards may be the solution to
inform citizens of service delivery problems. An Imbizo is a forum for enhancing
dialogue and interaction between the council and residents (Government
Communication and Information System 2003:2). All councillors should attend these
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Imbizo’s. Notably, they should be utilised to forge partnerships with the communities
in terms of service delivery (see section 3.2.14).
The key to this approach’s success is that the council should be willing to share
important information. Instead of mentioning only service delivery-related aspects,
residents could be informed about constraints and what the council intends to do
about them. It is equally important for councillors and officials to listen to residents’
responses.
That implies facilitating a representative government. Much effort has been devoted
to simulating democracy by setting up public participation processes. Importantly, a
great deal of time and effort could be saved if those who were elected to represent
residents spent a large portion of their time listening to, and working with, residents.
This process may not accelerate service delivery – it might even cause a delay.
However, it will ensure active, aware citizens who are able to differentiate between a
cheap gesture, such as land invasion, and a sustainable service delivery strategy.
5.7.5 Sufficient pay-points
Municipalities should provide sufficient pay-points to encourage citizens to pay their
service accounts timeously. Furthermore, the council should develop a strategy to
improve access to pay-points. This could include an arrangement with local
supermarkets to accept payments on behalf of the local municipality. Municipalities
could also arrange with local banks to provide specific deposit slips for users to
deposit payments directly into the municipality’s account.
5.7.6 Lack of legal measures to enforce accountability
As chief accounting officer, the Municipal Manager is accountable to council with
regard to forming and developing an economical, effective and efficient
administration in terms of Section 55 of the Systems Act. Prior to the promulgation of
the Municipal Finance Management Act (MFMA), councillors could not be held
accountable, except for certain highly irregular matters. The adoption of the MFMA
addresses this shortcoming, since Section 21 of the Act provides for the Mayor to co-
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ordinate the process of preparing and tabling the annual budget and to take
responsibility for the implementation thereof. In terms of the MFMA, the budget
compilation process includes the community participation process, as prescribed in
Chapter 4 of the Systems Act. In terms of Section 22 of the MFMA, a municipality’s
accounting officer (Municipal Manager) must advertise the completed draft budget in
a general-circulation newspaper within the municipality’s jurisdiction area. The
advertisement must highlight that the draft budget is available for public scrutiny
during office hours at the municipality’s main administrative office or other places, as
specified in the advert. Following the afore-mentioned process, the draft budget is to
be tabled at the municipal council’s next sitting for discussion and public hearings.
The above-mentioned process confirms that the budgetary process is politically
driven. After the municipal council’s discussion of the draft budget, and following the
conclusion of public hearings, the Mayor must direct the Municipal Manager to
prepare the final budget for the financial year. Thereafter, the Mayor submits the final
budget to the municipal council for approval (Section 21 of the MFMA).
Notwithstanding the notion that this process will enhance political accountability, the
council’s executive authority may use the management of the budget as a KPI to
measure the Municipal Manager’s performance. However, a performance
management system must be adopted and implemented should the council choose
to follow this route.
5.7.7 Performance management system
In terms of Chapter 6 of the Municipal Systems Act, it is obligatory for a municipality
to establish a Performance Management System (PMS) that should be aligned with
the IDP. The following key performance areas (KPAs) should been identified:
Service delivery: All priorities and objectives relating to the municipal
services that the municipality intends to deliver during the year in question, as
set out in the IDP.
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Development: All municipal priorities and objectives set out in the IDP
relating to household, socio-economic infrastructure provision, local economic
development and poverty eradication during the year in question.
Institutional transformation: All municipal priorities and objectives relating
to human resources management, including measures to comply with
provisions outlined in the Employment Equity Act, the Skills Development Act
as well as Section 51 of the Systems Act during the year in question.
Municipal finance management: All municipal priorities and objectives
related to improving and maintaining the municipality’s financial sustainability;
and the proper management of its finances and assets during the year in
question.
Democratic governance: All municipal priorities and objectives relating to
improving the relationship among the council, administration and community.
This includes mechanisms, processes and procedures for community
participation in municipal affairs during the year in question.
5.8 Conclusion
Chapter Five focused on the key services that metropolitan municipalities deliver. It
provided an explanation of the functional context of service delivery as a local
government competency. The chapter explored the Local Government mandate and
it culminates in an investigation of the services that a metropolitan municipality
provides. These services, which are categorised as regulatory, social and
commercial services, are explained.
Furthermore, this chapter paid attention to municipalities’ strategic focus areas in
terms of functional divisions that must deliver the core functions mentioned above.
As such, it describes the problems relating to metropolitan service delivery. As a
precursor to the last chapter, attention is paid to service backlogs; and the
communities’ expectations in terms of poverty, unemployment, health and
infrastructure. Furthermore, it provided an overview of the problems that are
associated with insufficient financial resources and highlights issues regarding the
culture of non-payment of municipal services and poor financial management. The
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chapter also identified the institutional constraints related to bureaucratic
propensities. Notably, this chapter addressed municipal change and development
and highlights that municipalities should search for more effective ways to achieve
goals and meeting communities’ service delivery needs. However, the author
highlighted a thorough research and analysis of the status quo needs to be
undertaken.
In conclusion, this chapter proposed service delivery-based solutions, such as
capacitating officials; establishing a competent call centre; the commercialisation of
accounts; arranging Imbizo’s to improve community participation; and establishing
sufficient pay-points to improve problems related to the delivery of services. In
addition, the lack of legal measures to enforce accountability and the key areas of
the performance management system were also discussed.
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CHAPTER SIX
SYNTHESIS, CONCLUSIONS AND PROPOSALS
6.1 Introduction
The objective of this dissertation was mainly to investigate the nature and
problems of metropolitan service delivery in South Africa. Creating the good life
for its citizens will remain a major challenge for all spheres of South African
Government. This challenge is even more profound within municipalities. Notably,
they represent the government domain closest to the people and interact more
closely with communities by delivering various services, as required by the
Constitution.
This dissertation aimed to contextualise local government-related concepts,
phenomena, and processes that influence Local Government service delivery. It
further focused on the macro- and micro-perspectives. For this reason, it focused
on the external and internal issues that affect service delivery to ensure
sustainable local development by providing affordable, restructured, improved
services within metropolitan municipalities. Furthermore, the dissertation also
aimed to provide the constitutional and other legislative provisions and
requirements that are related to municipalities to help fulfill their mandate as the
Government sphere closest to the people. The study also aimed to determine the
nature of, and interaction between, the structural, functional, decision-making and
institutional variables that influence metropolitan functions, powers, governance,
accountability and co-operative, developmental local government. Finally, the
dissertation focused on the nature, problems and challenges of service delivery
within the Local Government sphere, with particular reference to the role of a
metropolitan municipality.
The concluding chapter of the dissertation addresses the study objectives,
appropriate conclusions and proposals. These are based on the theories,
legislation and mechanisms for metropolitan service delivery. As noted in chapter
one (see section 1.2), in order to guide the research, the researcher starts with
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raising a generative question that is not intended to be either static or confining.
The following question formed the core of the problem statement, as discussed in
chapter one: What is the essence of the nature and challenges of metropolitan service delivery in South Africa and how does the statutory and regulatory framework encompass them in its structural and functional framework for the successful implementation of local governance and service delivery for the local communities? The focus was subdivided into twelve specific study objectives (see section 1.4)
to facilitate the research; to identify the core theoretical concepts and literature; to
identify the core legislation (see chapter three); and to investigate the problems
identified in this study (see chapter five). These objectives were analysed in the
first five chapters of the dissertation.
The next section presents a synthesis of the study. It considers the conclusions
drawn from the chapters; the key findings; and the potential and implications of
the challenges relating to metropolitan service delivery. All these conclusions are
reflected in terms of the study objectives set out below. These provide useful
answers to the research questions posed in this study (see also section 1.3). In
order to reduce the gap in the literature, this section provides more insight and
inputs for future research.
This dissertation is an attempt to make a general contribution to the
understanding of metropolitan service delivery’s role within its own local
government setting. It is hoped that the findings recorded here and the proposals
made will be useful for future research.
6.2 Synthesis of the chapters and findings of the research objectives
Information was gathered through both primary and secondary data sources that
would address all the study objectives, individually and/or collectively. The
following objectives aimed to clarify the main research problem and the
subsequent research questions (see sections 1.2 and 1.3) and to provide the
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theoretical context for the study. Therefore, the dissertation aimed to:
Provide a conceptual description and an explanation of local government-
related concepts, phenomena and processes that influence service
delivery in Local Government by conducting a literature study.
Explore the macro- and micro-perspectives regarding external and internal
issues that affect service delivery to ensure sustainable development.
Provide a specific level of understanding of the constitutional and other
legislative provisions and requirements that are related to municipalities in
order to understand the nature and problems of municipal governance
more clearly.
Clarify Local Government’s function and the institutional role of
municipalities, with a focus on municipalities’ structural framework,
functions and powers.
Provide the structural framework of municipalities in terms of municipal
categories. Special reference is made to the role of Category A
municipalities within the context of a metropolitan municipality.
Explore the context of how mechanisms are applied to ensure good
governance and accountability within a municipality.
Explain the municipal council’s decision-making products.
Explain the role of accountability and service delivery within a municipality.
Discuss the context of co-operative and developmental government.
Highlight the role of integrated development planning (IDP), performance
management, supply chain management and risk management as
variables that influence a municipality’s structural/functional framework.
Identify, describe and explain the functions aimed to provide services
within the Local Government sphere.
Explore the challenges and problems of metropolitan service delivery with
a view to providing solutions to improve this important process.
Chapter two of this dissertation was based on the conceptual, process and
institutional variables that influence service delivery. In order to attempt to answer
the research question, “What is the nature of the interaction between the
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variables that influence the meanings, foundations, processes and State- and Government-related concepts of service delivery in metropolitan local government?, chapter two was structured to review the existing literature and
epistemology of the concepts related to local government phenomena, as well as
the macro- and micro-perspectives regarding external and internal issues that
affect service delivery in sustainable development.
This chapter reviewed the range of core theoretical variables that influence
metropolitan service delivery. The first variable this chapter discussed entailed
the phenomena related to the concept of ‘environment’. It is important to
understand the concept of environment in its broadest context. People live and
experience life within a particular environment that influences them in a certain
way. Similarly, government institutions operate in a continuously changing
environment – both in terms of time and place. Due to the interrelationships
between the environment, people and government institutions, they can influence
each other significantly.
Within the context of their visions, government institutions’ activities are aimed at
creating an environment where people can prosper. For example, this relates to
the availability of education and health services. This takes place in an
environment that can influence the ability, manner, quality and sustainability of
service delivery.
All these environmental elements can influence the decisions, actions and
behaviour of a government and individuals. Notably, decisions, actions and
behaviour could either have a positive or negative influence. Phenomena that
emanate from the environment can also exert influence on its elements. For
example, very unsatisfactory economic circumstances can lead to political
instability. On the other hand, stability could help improve a government’s
capacity to deliver quality services.
The chapter emphasised the significant role that the environment plays in
governance and how it influences the quality of service delivery either positively
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or negatively. A variety of environmental elements and phenomena can enhance
or inhibit public institutions’ service delivery.
Firstly, as part of the environment, Government and its institutions are obliged to
deliver quality services to the public. This obligation emanates from the
Constitution of 1996; other legislation; and the set objectives of the National,
Provincial and Local governments, their functional departments and every single
division, unit and section within those functional departments. Secondly, society
expects quality services and excellence with regard to the way in which services
are delivered, as well as the sustainable delivery of services. In addition, as
taxpayers, the public can rightfully expect to receive quality services.
It is clear that contemporary governments are unable to deal with the challenges
posed by society’s growing expectation of more and better services. This is
aggravated by decreasing resources. In their efforts to improve on service
delivery, governments look for new ways that will not only improve service
delivery, but that could also make it more cost-effective.
Governments have been delivering public services through traditional public
organisations set in a bureaucratic context. Such delivery has proved inefficient,
uneconomical and ineffective. This delivery emanating from the national and
provincial levels transmits to local government-level service delivery. Notably, this
is the case in South Africa. Factors that influence service delivery in the South
African public sector include external macro- and internal micro-environmental
issues.
According to Cloete in (Cloete and Wissink 2000:81-83) environmental macro-
issues that affect service delivery include socio-cultural, socio-political and socio-
economic variables. Developed countries have a literate, educated population;
advanced knowledge, experience, technology and resource endowments; greater
equality (gender, racial, ethnic and religious); low or sometimes negative
population growth; well-developed infrastructure and facilities; a democratic
political system; stable public policies; stable and efficient service delivery
systems; good and effective infrastructure; good technology and information
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systems to determine needs; policy design remedies; a higher income per capita
and reduced dependency on foreign donors; higher levels of employment and
economic development; a smaller gap between the poor and rich; more equitably
distributed resources; more developed economies based on secondary
production (manufacturing, service activities), while agricultural, raw materials
and minerals production have declined as a percentage of the GDP; and a well-
developed infrastructure network transcending beyond urban areas to rural and
individual freehold properties. However, the opposite is true for developing
countries. In addition, developing countries have internal governance issues that
influence service delivery.
Internal governance issues that may influence service delivery to ensure
sustainable development in South Africa are teething problems that emanate
from a new democratic government. The 1997 White Paper on Transforming
Public Service Delivery (Batho Pele), which intended to achieve service
excellence, has not been implemented effectively. Government has passed
numerous White Papers in an attempt to establish service equity. However, most
of these still need to be implemented. The Reconstruction and Development
White Paper was introduced with weak institutional structures to implement it.
Thus, it remained a policy on paper. The Reconstruction and Development
Programme (RDP) was followed by the Growth Employment And Redistribution
(GEAR) programme, which intended to foster a fast-growing economy, job
creation and the redistribution of resources. Notably, GEAR is reflective of the
ideological and economic contradictions within the governing tripartite alliance.
This presents a challenge for contextualising it, while rationalising the public
sector and building capacity for sustainable delivery. Inter-governmental relations
still need to be strengthened.
South Africa is experiencing the negative effects of globalisation and international
capital flow that do not favour developing countries; a rising HIV/AIDS rate;
ideological and national vision contradictions within the tripartite alliance; and
policy process problems. Both the macro and internal governance issues are
bound to affect service delivery at National, Provincial and Local Government
levels. Although South Africa has attempted to undergo public management
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reforms, both the public service review reports and the state of Local Government
reports paint a picture of a government that is experiencing increased pressure to
deliver public services efficiently, economically and effectively with limited
resources. The South African Government faces the daunting task of ensuring
equitable service delivery, while the demand for resources outstrip their
availability.
The chapter also paid attention to the notion of democracy. It highlighted
democracy’s relevance and how philosophers, ordinary people and leaders of
nations define it. The governing function in a democracy, misgovernment,
citizens’ ignorance and corruption are variables that may have a positive or
negative impact on the sustainability of effective and efficient service delivery
within Local Government. These aspects also included the State and
Government’s roles in service delivery in terms of good governance, as well as
public administration and management. The focus was on the issue of good
governance and public service delivery, together with all the activities (functions)
that must be executed before a service is delivered. Public administration and
management was briefly discussed along with two approaches for the study and
practice of public administration and management. The chapter further discussed
the relationships between the State, communities and the market.
Furthermore, chapter two dealt with the different functions of the three spheres of
Government’s institutions in order to achieve the National Government’s primary
objectives of order, safety social and economic welfare. A distinction was made
between functions that are representative of the functional areas of government
institutions, such as education, health, welfare, forestry and energy. Attention was
also paid to the functions allocated in terms of the Constitution to the legislatures
and executives within the three spheres of Government. It is obvious that it is not
so easy to classify government institutions into primary and secondary functions.
These functions were dealt with in more detail in chapter three.
The chapter also discussed a few alternative ways to help ensure that services
are delivered more efficiently, effectively and economically. Alternative service
delivery strategies and mechanisms provide governments with options to embark
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on new ways to deliver services to society and at the same time contribute to
improving and democratising service delivery. There are various alternative
service delivery options that governments can use, such as the internet, e-
governance and the short message service (SMS). Government institutions use
alternative service delivery mechanisms irrespective of the fact that the private
sector developed the technology. According to Bongani Matomela of the
Department of Public Service and Administration: “Government cannot and
should not face the big challenge of service delivery and social and economic
well-being of the citizenry alone” (Matomela 2004:83). Notably, governments
have already realised that they will not be able to do so on their own.
Although governments had earlier embarked on alternative service delivery
mechanisms, such as through state corporations, the need to deliver services
through other means gradually developed. Society’s growing needs and the
limited resources available to satisfy those needs have forced governments to
disengage themselves from various sectors of activity and rather focus on core
sectors, such as security, justice, health and social issues. Subsequently,
governments have left some non-core functions to be dealt with through other
means, such as privatisation that covers various functional fields. They have also
embarked on other ways to deliver certain types of services.
Also, other alternative mechanisms are available to public institutions to privatise
service delivery, such as denationalisation, depoliticising, suspension,
outsourcing functions to private organisations (Gildenhuys and Knipe 2000:216)
and entering into public-private partnerships. Pollitt (2004:ix) also refers to
various alternatives for public institutions to deliver services, such as privatisation,
contracting out, public-private partnerships, decentralisation, internal markets, re-
engineering, citizens’ charters, panels and juries, as well as codes of public
service ethics, one-stop shops and performance audits. Although this chapter
acknowledged the variety of alternative service delivery mechanisms, it focused
more on privatisation. The term ‘privatisation’ is broad and could refer to various
forms of privatisation, such as outsourcing and public-private partnerships.
Furthermore, governments that embark on alternative service delivery
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mechanisms allow for greater participation and involvement of the private sector
and society in the governance process, which can only strengthen democracy.
Finally, the chapter highlighted the values and Batho Pele principles that
influence better service delivery. Notably, public institutions and their employees
have to adhere to certain normative principles, such as guidelines set by
legislation. The public can demand quality from service providers, for example in
terms of the Batho Pele principles. Furthermore, society expects public
institutions to deliver services in accordance with generally accepted values, such
as honesty, fairness and justness.
Chapter three discussed the legislative and policy milieu for metropolitan service
delivery in Local Government. Notably, this chapter focused on the substance of
Local Government. It commenced with general background information on the
underlying legislative and institutional framework before providing the institutional,
developmental and transformational dimensions of local governance. This was
done in terms of an overview of the legislative and evolving policy context for the
above. It also compared service delivery policies and strategies in South Africa.
The following initiatives and legislation support Local Government’s objectives
and ideals. They call upon Local Government to become more entrepreneurial;
be more performance-orientated; provide development and service excellence;
and to be customer-focused:
The Local Government Negotiating Forum.
The Local Government Transition Act of 1993.
The Development Facilitation Act of 1995.
The South African Constitution of 1996.
The Urban Foundation Document.
The SANCO Document.
The draft Urban Development Strategy.
The draft Rural Development Strategy.
The RDP Strategy (White Paper of 1994)
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The GEAR Strategy.
The Batho Pele principles.
The White Paper on Local Government of 1998.
The Presidential Imbizo.
Operation Masakhane.
The Local Government: Demarcation Act of 1998.
The Local Government: Municipal Structures Act of 1998.
The Local Government: Municipal Systems Act of 2000.
The Municipal Financial Management Act of 2003.
Political transformation occurred in terms of amendments to the country’s
Constitution at periodical intervals and provided for the realities that led to the
transformation of Local Government in South Africa. The transformation process
was informed by imperatives such as the political reforms of 1996 and the
adoption of the Constitution. The latter document provided for Local Government
to form a sphere of Government, determined Local Government’s status and
objectives; and invented the concept of co-operative government. Local
Government’s objectives, as determined in Section 152 of the Constitution,
mandate a council to provide local communities with a democratic and
accountable government; ensure the sustainable provision of services to
communities; promote social and economic development; and promote a safe
and healthy environment.
The legislative framework that created and structured Local Government in South
Africa consists of an over-arching supreme Constitution that sets out the
attributes of the respective spheres of Government in South Africa. The details of
how Local Government is structured and how it operates are contained in a
number of supplementary pieces of legislation that need to be read and
interpreted in conjunction with the Constitution and with one another. This will
help one to understand the full scope of South Africa’s local government system.
The series of supplementary legislation are functionally specialised documents
that deal in-depth with topics such as finances, planning and performance
management, as well as intra-governmental relations between different spheres
229
of Government. Attention was also paid to specific government initiatives, such as
Operation Masakhane and the Presidential Imbizo’s.
The Constitution provides for three categories of municipalities. As directed by
the Constitution, the Municipal Structures Act of 1998 contains criteria for
determining when an area is considered a Category A municipality (metropolitan
municipalities) and when municipalities fall into Category B (local municipalities)
or Category C (district municipalities). The Act also determines that Category A
municipalities can only be established in metropolitan areas. Therefore,
metropolitan governments (Metros) are a cluster of local governments that are
amalgamated into one large metropolitan government. Examples include
Pretoria, Centurion, Akasia and Mamelodi. These individual local authorities form
the Greater Pretoria Metropolitan Area and deliver better services because all
services have been co-ordinated into a single-service entity. A metropolitan
government can deliver services, such as water and electricity, more cheaply
than individual local authorities. Richer local governments in the metropolitan
area can assist their poorer counterparts.
Section 12 of the Municipal Structures Act of 1998 requires the member of the
executive council (MEC) of a province to establish a municipality in each
municipal area, as determined by the Demarcation Board (established in terms of
the Municipal Demarcation Act of 1998). The notice requires the MEC to set out
the category of municipality; type of municipality (the type of executive); municipal
boundaries; the number of councillors; and division of functions and powers
between Category B and Category C municipalities within a particular area (as
required in terms of Section 84 of the Act).
Due to the division of powers and functions between the two categories, the
Section 12 notice is of particular importance with regard to Category B and
Category C municipalities. Concerning the functions assigned to district councils
(Category C municipalities), particular attention should also be paid to Act 33 of
2000, the amended Section 84 of the Municipal Structures Act of 1998. Section
85 of the Act is also important, as it allows the MEC for Local Government in a
province to adjust the division of functions between district and local
230
municipalities. In accordance with the capacities of particular district and local
municipalities in a province, temporary allocation of functions and powers is
possible in terms of Section 87.
Category A municipalities are ‘stand-alone’ municipalities that have been
established for the six metropolitan areas (Mangaung was added in 2008).
Category B municipalities are situated within the area of a district (Category C)
municipality. As Category A municipalities are adjacent to, or in some cases
surrounded by, district and local municipalities, it is important to note the
characteristics of all three categories. This will help one to comprehend the
relationship that is required to ensure efficient and effective municipal service
rendering for the country as a whole.
The Constitution categorises metropolitan governments as Category A, which
means they have an executive and a legislative authority in an area with more
than one municipality. The National Legislature determines the criteria used to
decide when municipalities are considered Category A municipalities, while the
Provincial Legislature determines the different types of municipalities to be
established in its province. The metropolitan authority’s powers are basically
similar to that of local authorities. The Constitution also provides for traditional
leaders as local-level mouthpieces on matters that affect local communities. The
National Legislature has made provision for a house of traditional leaders, or a
council for traditional leaders.
Metros are able to access a much greater share of funding from National
Government. This helps to capacitate municipal administration and facilitate
economic growth. Metro status also helps position these municipalities as key
South African cities within the global arena. Metropolitan councils may
decentralise powers and functions. However, all original municipal, legislative and
executive powers are vested in the metropolitan council. In metropolitan areas,
there is a choice between two types of executive systems: the mayoral executive
system where executive authority is vested in the Mayor; and the collective
executive committee system where these powers are vested in the Executive
Committee. Non-metropolitan areas consist of district councils and local councils.
231
District councils are primarily responsible for capacity-building and district-wide
planning.
Municipal government is a fully-fledged sphere of Government. It deals with the
daily lives of residents in its jurisdictional area. Each municipality includes a range
of municipal sub-systems and procedures to deal with the needs of the people in
its area in the most effective and efficient fashion. Notably, municipalities are
supposed to structure their internal operations in such a way that they produce
optimal governance outcomes that are in line with the developmental local state’s
goals.
The Constitution of 1996, the Municipal Demarcation Act of 1997 and the
Municipal Structures Act of 1998 spell out a variety of different municipal
institutions and supplementary bodies to govern communities, districts, towns and
densely-populated metropolitan areas in South Africa. Other spheres of
Government (Provincial and National Government) have monitoring, coordinating
and controlling powers over local government institutions. Therefore, all these
governmental bodies have distinct, but in some cases overlapping boundaries,
functions and powers. This necessitates a clear and effective intergovernmental
relations and cooperation system, as well as public and private sector
partnerships to fulfil the statutory obligations, which the Constitution and its series
of supplementary legislation have allocated to each governing body.
As noted in chapter three, a series of legislative documents govern municipal
government in South Africa. Furthermore, South African Local Government is
supposed to be developmentally orientated. This implies that Government’s
developmental role ought to be more prominent than in other countries. This is
usually the case with local government systems in less-developed countries that
do not have the basic or fundamental attributes of development in place. This
necessitates less-developed states’ governments to create a minimum set of
developmental conditions before higher levels of governmental functions can be
executed. For example, literacy is needed before more skilled employment
opportunities can be created; and individual land ownership is needed to
stimulate sustainable economic development in society.
232
Chapter four aimed to clarify key aspects of Local Government. It also
highlighted the institutional role of municipalities, by focusing on their
structural/functional framework in terms of functions and powers. The chapter
highlighted the nature and context of municipal governance in South Africa by
clarifying the concept ‘local’ and ‘municipalities’ when used in relation to
government. Attention was also paid to a municipality as an institutional entity or
geographic area; and the key characteristics of Local Government.
The chapter also provided the structural framework of municipalities in terms of
the municipal categories. Special reference was made to the role of Category A
municipalities in the context of a metropolitan municipality. Attention was paid to
the municipal functions and powers, while assigning functions to municipalities
was also briefly discussed. In terms of Category A municipalities (Metros), a
discussion of the definition of a metropolitan area; the objectives of metropolitan
government; methods of metropolitisation; the demarcation of municipalities;
demarcating a metropolitan area; and the criteria for demarcating metropolitan
boundaries was provided. The context of Category B and Category C
municipalities was also briefly discussed.
The chapter also attempted to explore how these mechanisms for ensuring good
local governance should be applied. These issues included internal procedures,
meetings, disclosure of interests and personal gain, gifts, violating the code of
conduct, disclosing information, intervention in the administration, a council’s
failure as a legislature, misgovernment by the council, executive committee and
the Executive Mayor, irresponsiveness and productiveness.
In this chapter, the municipal council’s relevant decision-making products were
also evaluated on the basis of the legislative provisions noted in chapter three.
Attention was paid to the decision-making cycle, when issues are raised with the
council, such as petitions, questions to council, requests, standing orders,
resolutions and motions, as well as the process of by-laws.
The chapter also paid attention to the role of accountability in terms of service
delivery, as well as the mechanisms whereby councillors and appointed officials
render account for the activities for which they are responsible. Attention was
233
paid to municipal elections, questions, the Constitutional Court’s role, auditing
and the role of the council in terms of accountability.
Furthermore, the chapter explained the variables that influence co-operative
government with regard to its context, citizen participation and intergovernmental
relations. In terms of the variables that influence developmental local
government, attention was paid to the characteristics of this form of governance.
In addition, aspects and variables related to a local government’s ability to adapt
to its new role were also discussed. These include institutional, developmental,
fiscal and financial transformation.
Lastly, this chapter highlighted the role of integrated development planning (IDP),
performance management, supply chain management and risk management as
variables that influence a municipality’s structural/functional framework.
Metropolitan areas are created when there is an influx of people from rural to
urban areas; an outward spread of urban population and economic activities from
a city centre to surrounding areas; and an eventual conglomeration of cities.
Interdependence and community interests can also independently lead to the
development of metropolitan areas. The metropolitan phenomenon is relatively
new to South Africa. The creation of a metropolitan authority may be warranted
where one metropolitan population in a certain area has common needs, values
and interests that differ from those of other populations that fall under the same
local authority. If so, that metropolitan population will have to generate the income
to finance its supply of goods and services. Only time will tell whether the current
metro system will be able to cope with metropolitan areas’ long-term needs.
Chapter five provided the services that a metropolitan municipality deliver. It
commenced with an explanation of the functional context of service delivery as a
local government competency. Local Government’s constitutional mandate was
explored and it culminated in an investigation of the services that a metropolitan
municipality renders. These services were categorised as regulatory, social and
commercial services. Regulatory services refer to disaster management, fire
protection, policing, as well as building, land-use, pollution and traffic control.
234
Social services include ambulances, burial and cremation, environmental health,
personal healthcare, cultural activities, housing development, parks, sports and
recreation. Commercial services refer to abattoirs, electricity supply, public
transport, roads, streets, storm water drainage, sewage disposal, solid waste
removal and water supply.
The chapter also paid attention to the strategic focus areas of a municipality in
terms of the functional divisions that must deliver the core functions mentioned
above. The chapter described the problems relating to metropolitan service
delivery. As a precursor to the last chapter, attention is paid to service backlogs;
and the communities’ expectations in terms of poverty, unemployment, health
and infrastructure. Furthermore, the chapter provided an overview of the
problems associated with insufficient financial resources. It also highlighted
issues regarding the culture of non-payment of municipal services and poor
financial management. The chapter also identified the institutional constraints
related to bureaucratic propensities.
The need for municipal change and development was also addressed. Without a
doubt, all metropolitan municipalities need to constantly review and restructure
their institutions. Notably, they should search for more effective ways to achieve
goals and meet communities’ service delivery needs. However, a thorough
research and analysis of the status quo needs to be undertaken, otherwise the
restructuring endeavour is baseless and runs the risk of failure. Any restructuring
endeavour is time consuming and complicated, as all stakeholders have to be
consulted and many circumstantial issues have to be considered. If
reform/restructuring is to be successful, due attention should be paid to aspects
such as communication and leadership during the restructuring process.
Solutions such as capacitating officials; establishing a competent call centre; the
commercialisation of accounts; arranging Imbizo’s to improve community
participation; and establishing sufficient pay-points are advocated as measures to
improve problems related to service delivery. In addition, the lack of legal
measures to enforce accountability and the key areas of the performance
management system were also discussed.
235
6.3 Conclusions and proposals
It has been more than a decade since South Africa became a democratic state
and despite promises and efforts to improve service delivery to the public there
are still immense service delivery backlogs. Although the current Government
inherited a first-world infrastructure, it still faces third-world issues and
imperatives, namely social development, service delivery, unemployment and
poverty. The problem of service delivery backlogs is not unique to South Africa
but a challenge shared by many African and developing nations. Despite having
acquired political equality, all members of the South African society are still not
equal. Some areas remain resourced and developed, while others remain under-
resourced, under-serviced and face major developmental needs. For this reason,
there is a need for reconstruction and development, while institutional systems
and processes need to be reviewed in search of service delivery methods.
The following proposals for improving metropolitan service delivery can be
considered:
The developmental divide between developed and developing countries is
increasing for various reasons. Notably, the public management reforms
that have enhanced performance in developed countries could not do the
same in developing countries due to of overwhelming constraints. These
constraints include vague definitions of what performance entails within a
developmental context; unresponsive organisational cultures; unclear
performance indicators; an un-resilient governance ethos; unfavourable
organisational factors; incorrect use of resources; and unsuccessful policy
initiatives.
Change is no longer the exception but the rule. Employees and other
stakeholders can often resist change. However, resistance can be avoided
by carefully managing the change process. Therefore, the search for
innovative solutions to problems is never ending. However, such ‘reforms’,
‘reengineering’ or ‘restructuring’ processes need to be managed efficiently.
Metropolitan municipalities should ensure that they develop clearly defined
goals and objectives, thereby allocating the proper resources to ensure
236
that the intended tasks are performed.
From a governance perspective, the literature review has shown that
ideological contradictions; lack of a common vision; and policy process
constraints are also hampering South African public sector delivery
processes. Local Government legislation and reforms have freed
municipalities from many impediments to help ensure better service
delivery. However, huge service backlogs; infrastructure neglect; lack of
integration with other spheres of Government; lack of capacity; the impact
of HIV/AIDS; and the culture of non-payment are still eroding that ability.
Municipalities should remain true to the principle of a learning institution.
Thus, they should seek to improve their performance on a continuous
basis by experimenting with new processes, approaches and ways of
achieving goals, or by benchmarking.
Municipalities who plan to restructure or reengineer their systems to help
improve service delivery should apply certain decision-making tools. These
tools act as guiding frameworks during decision-making processes on
whether to keep the production and delivery of services in-house (within
the municipality), or whether to apply outside options or mechanisms.
As municipalities search for better methods of service delivery, they have
to move away from the traditional/conventional administrative models and
structures. Therefore, alternative service delivery mechanisms appear to
be imperative. Municipalities need to constantly review, reform and renew
their operations, systems and structures in the search of better (efficient,
effective and responsive) ways of operating and achieving objectives.
Metropolitan municipalities must ensure that the relevant people are
appointed for the job to be performed. Thus, if an unqualified person has
been appointed into the organisation, this will have an effect on the quality
of, and time spent, on these services.
A proper Monitoring and Evaluation (M&E) system has to be developed to
enable municipalities to examine their own activities in accordance with
developed strategies. In doing this, municipalities can play a self-
monitoring role to determine whether or not they are still on track. This will
help reduce communities’ negative reactions.
237
Councillors and the community should be encouraged to find ways to
increase the positive attitude of everyone involved. This will increase the
potential for high-quality work and the level of payment for services. Audits
on backlogs and the state of services must be conducted. In areas where
services are not available, plans will have to be developed on how to
address the situation within a given time frame. Furthermore, all the
required information should be available on the area where the upgrading
is planned. Role-players should also develop programmes, such as
awareness campaigns that deal with the issues that affect the youth, to
increase their confidence in the State. This is particularly important at local
departmental level.
The community must be involved from the early planning stages to create
awareness and ownership of all the programmes and their own problems.
This can take place in the form of an Integrated Development Plan (IDP),
as well as budgetary processes where the metropolitan municipality will
consult the community through their ward councillors on every step to be
taken.
6.4 Recommendation for further research
Only further research can establish whether metropolitan municipalities can fulfil
their role as developmental Local Government entities. Municipalities face many
constraints, as explored in this research. They do not have the necessary
capacity to overcome the impediments and to deliver the services designated for
South African Local Government. Capacity must be built and enhanced by
promoting public participation and partnership arrangements with civil society.
Notably, expectations will only be met through interdependence.
Further research should be conducted on rural local government in South Africa.
The research should investigate whether there is enough capacity to deliver the
designated services and foster local economic development. Cause for research
also emanates from the nature of the expanded role of Local Government; and
the developmental local government perspective, which is a deviation from the
traditional roles of local government. Further research is also recommended
238
regarding harnessing the profit motive with regard to public service delivery in
order to enhance competitiveness in the interest of the communities being
served. Regardless of whether the organisation is public or private, optimal
utilisation of scarce resources – both tangible (human capital, financial, raw
materials, land, technology) and intangible (information and knowledge,
performance and competence) – is essential to realise the organisational
objectives and goals, as well as to ensure global competitiveness.
239
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