In his address during the Special National Conference of South African Local Government Association (SALGA), the minister for Cooperative Governance and Traditional Affairs, Mr Richard Baloyi, reaffirmed that it was unreasonable to continue doing the same things the same way even if the results proved to be the same in local government.
The minister also stressed that there was a need, at local government level, to re-look at how things were done to realise the priorities of the Local Government Turnaround Strategy of 2009.
Programme Director
Mr President
The Chairperson of SALGA and all National SALGA leaders
The Executive Mayor of the City of Johannesburg
The Premier of Gauteng, and Conference Delegates
Conferences are themselves meant to create space for Organisations to reflect on their activities over periods of time, assess the impact of their actions on the total environment defining their mandate, evaluate the contributions of those parties whose mandate is to support their programmes and define their way forward informed by the priorities arising from such reflections, assessment and evaluation. Elective conferences then choose the leaders that will champion organisations’ response to their States as mirrored by conferences.
This Conference of SALGA is no exception. We are here to provide the necessary support to the Conference as we accordingly contribute in our area of responsibility. As to the total environment that defines the picture of the state of Local Government, I want to agree with those who say that we are at that point where we were when we decided on adopting a Local Government Turn-Around Strategy in 2009.
More often than not, we experience confrontations between the people and our Local Municipalities, and performance assessment reports suggest that we have still to do more to build a model Municipality that will perform and coordinate activities to ensure effective service delivery to the people.
This is the point where we were when we decided on the Local Government Turn-around Strategy, with the two aims, thus, Building Confidence between the people and Government, as well as building a developmental effective Local Government system.
In fact, judging from the rate of occurrence of protests and the violence associated with them, the picture looks more challenging now than what led to the Local Government Turn-around Strategy development.
One other point worthy to be mentioned in dealing with issues defining the total environment around which SALGA operates is to note that as Government we introduced efforts meant to strengthen the Local Government situation even as early as 2004 when we introduced “Project Consolidate”, with a view of providing closer support by Provincial and National Government spheres to Municipalities that were found wanting in terms of capacity to pull their weight to provide quality services.
We also introduced the concept of “Service delivery Facilitators” as part of the project, and in terms of which we appointed people who would work closely with communities and municipalities to unblock obstacles and operate to provide early-warning signs to manage relationships between the people and the Government.
Project “Siyenza Manje” was also introduced as a mechanism in terms of which dedicated specialised professional support would be given to Municipalities in the form of engineers in various fields to support primarily the infrastructure competence of Municipalities.
In terms of this initiative, those municipalities identified at the introduction of Project Consolidate, and those that were later identified as calling for assistance, received the necessary support, on case to case.
It can be argued therefore that it would have been unreasonable to continue to do the same things the same way even if the results prove to be the same, intervention after intervention.
Of course, with the Local Government Turn-Around Strategy, we introduced Technical Support units to assist Municipalities. Unfortunately, the reception by Municipalities, and in some instances, the quality of such support, put us in a situation where we today count more challenges than achievements.
The question we have to ask ourselves in dealing with matters of Local Government is whether we are in a position to agree on targeting the most appealing in this complex environment, in order to build confidence between the people and the Local Government structures.
We said earlier on and we continue to stress that our efforts may make a dent in effectively turning the situation around if we give particular attention to five issues, namely:
- Accelerating service delivery
- Promoting good governance
- Enhancing Financial Management
- Effectively rolling out infrastructure development and maintenance
- Meaningfully fighting corruption.
If this represents a short-list of things to do, then this short-list has to be a priority focus for us to accelerate the Local Government Turn Around Strategy.
Of course we know that it takes positive participation by all the spheres of Government as well as the political mandating structures for the situation at Local level to be effectively turned around, but we should be first to write our own story of contribution in this regard.
I made some observations with the National Executive of SALGA in April this year, and I want to allow Conference to reflect on some of those issues, thus, I will quote the source, and not for Conference to pay attention to my lamentations then, although some of them are as relevant now as they were then.
These notes serve to raise some issues that are critical for consideration at the planned meeting with SALGA on Tuesday, the 17th April 2012. The intention of developing these notes is to facilitate engagements on those issues raised, such that we either develop joint positions on same or put together a mechanism to accomplish this.
Background
It should be lamented that we have so far since my appointment in October 2012, not held a serious engagement session between the Ministry and SALGA, save for some poorly attended joint sessions at MINMECS, my address to the SALGA meeting and our not-so-well-organised meeting with the SALGA Executive on the 5th of March 2012.
There is room for improvement in this regard, more so as the Ministry has adopted a stance to promote cooperative governance through mutual respect and mandate alignment, the apex objective of which is to ensure that when all is done and said about us, we would all shout in one voice and say, respectively that: “My SALGA, my collective voice. My Cooperative Governance and Traditional Affairs (COGTA), my intergovernmental relations facilitator……” all being responsive to the needs of the community, hence our resolve that: “...... my Community, my call.....”
The Issues
As a matter of extreme urgency, we need to attend to some of the issues as the following.
Structured Engagements
There is a need for regular structured engagement between ourselves, at both political and technical levels, so that we cement our relationship solidly in the understanding that such would minimise instances of possible marches past each other and that the regular engagement would help us plan together in line with the distinct, inter-dependent and inter-related character of the spheres we represent and have a responsibility to coordinate. This character is one of the central principles for successful intergovernmental relations.
In this regard, I suggest that we have bimonthly political meetings at Minister: SALGA Executive level. The Chief of Staff in the Office of the Minister will facilitate this engagement, the first meeting of which should be in May 2012. As a precursor, we should arrange that there be a technical Minister: SALGA team to process such issues that need joint attention and processing at that level. If agreed, I present that the Director General of the Department of Cooperative Governance should facilitate the technical engagement, the first meeting of which should be in April 2012.
Sanction on Electricity as a default credit management measure in municipalities: The case of Lesedi Municipality in Gauteng
As it is well known, the people of Ratanda Township in the Lesedi Municipality in Gauteng took to the streets recently. Government at the three spheres got involved in addressing the situation, with the establishment of the Inter-sphere team of the Cooperative Governance establishment, comprising of the Minister for Cooperative Governance and Traditional Affairs, the Gauteng MEC for Local Government and Housing, the Sedibeng District Municipality and the Lesedi Local Municipality.
One of the issues to be resolved in this area involved the application of sanctions for non-payment of services in such a manner that sanction on electricity usage would be considered as a default credit control measure, implying that:
- A Conventional-meter electricity user who defaults in payment of water, or rates or refuse removal or sewerage would have his/her electricity supply suspended even if that person does not owe in electricity;
- A Pre-paid-metered electricity user who defaults in payment of all other services would have his/her electricity purchase blocked as a measure of enforcing payment for those services.
The intervention to address this matter and other related/unrelated matters resulted in a resolution taken that the application of sanctions would be in the area of default, so that the credit management options still provide for space to ensure the provision of quality services, guaranteeing the community their right to seek recourse to engagement options in a Democracy, landing credibility to the Municipality’s systems of governance, including credit control measures, as well as mitigating against the community’s demand for Eskom to take over the supply of electricity.
This resolution has generated a lot of genuine interests to engage on the subject, given the implication it has to similar or related practices in other Municipalities.
It is also important to note that the resolution meant that COGTA has to embark on a study to further expand on the case of Municipalities having to be considered as electricity providers of choice for the communities.
Municipal Systems Amendment Act
We identified this item as an outstanding matter for engagement, in that, despite the fact that the act is in place, there are issues to be addressed, either as part of the finalisation of the draft regulations that are being considered or the review of the act itself.
If the review of the act is the way to go, we should identify those issues that have to be considered, and if the regulations will address the remaining concerns, still we have to manage the situation. It should be noted that, all other things remaining the same, the intention is to have the regulations finalised by July 2012.
In this regard, my suggestion is that we decide on what we want to do, on what is politically sustainable, between us reviewing the act or tailor-make the regulations to address the points of concern or outstanding matters. It would be appropriate if such a decision could be taken during this month.
Other Issues
The following are other issues that we need to focus on.
1.1.1 Further discussion on the funding model for SALGA
1.1.2 Progress report on the payment of once-off gratuity for non-returning councillors
1.1.3 Councillor support mechanisms, including security
1.1.4 National Dialogue on Local governance and Traditional leadership”.
Programme Director,
As I have indicated that some of these issues are relevant today as they were relevant then, I want to state in fact that we still have to do more on the list of those things contained in the April month.
July has come, and we have not finalised the regulations. My fear is that the challenges that are caused to bear because of this inaction are reaching threatening proportions, as some Municipalities are already seeking recourse with the Judiciary establishment of our Democracy on matters that we could have presented through a cemented relationship of mandate between COGTA and SALGA.
We decided to convene a special MINMEC to deal with this matter, and I appeal that this Conference also reflects on this matter and provide a mandated position to the leaders. The questions are clear. Are the Regulations representing a collective effort? If yes, let us sign them through. If not, let us correct them. Are we seeking to amend the law through Regulations that are meant to enforce it? If yes, are we aware that such a move is incorrect? If yes, do we still feel strongly that such a move is justified? If yes, do we realise that amending the law is the way to go? If yes, are we aware that such a move now would mean that we amend the act before we even apply it once? If yes, are we aware of the implications on the maturity of our law-making processes? If yes, do we thing it is a right thing to do now? If yes, then let us go for it and start the process of amending the act as we approve the Regulations in areas where we agree now. We cannot dig our heels and maintain the position that we have.
But, Programme Director
We continue working together in considering the five focus areas as a short-list of things we have to do to accelerate the Local Government Turn Around Strategy. We are currently undertaking an assessment as to how each municipality relates to these five issues.
We have called on Municipalities to answer specific questions in this regard and we are also visiting Municipalities to engage them on these matters, after which a National Government Dialogue on Local Government is envisaged late in October.
We have to finalise issues on the Municipal Systems Act Regulations, so that we lead the way ourselves, to write the Regulations or amend the Act as we do so, lest we compromise our position as the Executive Organ of State in the complex relationship in the separation of powers in our Democracy.
On the other outstanding issues, we could report progress but sometimes that will expose our weaknesses in servicing our relationship, as the National Executive has to identify with some of the issues we consider as solutions to challenges.
Our interaction is therefore long outstanding.
It is important, however, to note that there is some progress on the issues as part of defining the total environment for Local Governance.
We have initiated an engagement on the role of State entities in situations where the community would place us against each other in a competition for space, with a view of possibly deciding on some operational protocols.
One of the specific focus in this regard is to manage situations where ESKOM as a parastatal would be available as an alternative to the community demands for them to replace a Municipality, and vice versa, as well as all other issues of electricity distribution.
The priority we can register in this regard is the voice of SALGA to influence the direction of the debate.
We continue to assess our performance on the application of Section 139 of the Constitution, in that we examine the impact thereof in improving the situation at Local Government level.
Whilst we are at this point, it is critical for Conference to note that we are in a fast-tracked process to introduce a Bill on Monitoring, Support and Interventions with a view to provide for an enabling law to manage the application of the Constitution’s Section 100 and Section 139 in dealing with governance issues at Provincial level and Local Government level, respectively.
We recently announced a process to open the debate on the issues related to the Municipal demarcation process, and we said the objectives of that process are to:
- Provide for a regulatory framework for long term sustainability of Municipalities
- Regulate the activities of the Board in its application of enabling legislation
- Provide for strict compliance with the demarcation principles of economic viability, mobility patterns and other socio-economic factors
- Provide for a public participation framework to create space for inclusivity.
- Locate the demarcation assumptions to the phase of development (Balance between Integration and the era of the National Development Plan, etc)
The Task Team will do an assessment of the current challenges and advise on the intervention required, as to whether that should be in the form of a review of the current Act, a Ministerial Determination or the development of Rules and Regulations to facilitate the implementation of the Act.
Two phases of time-frame are prescribed for the Team to do its work, the first one being short-term, to deal with the issues raised on the current re-demarcation work in preparation for the next Local Government elections.
The second phase of the time-frame is the end of July 2013, to present a position-paper that will take us through the Bill development process, if required.
As we deal with this process, we should as a family for cooperative governance manage how that should be related to such processes as the debate on the state of Provinces, as we contribute to resolve matters related to boundary management and lay to rest the ghosts of Cross-Boundary Disputes observed in such areas as Moutse, Matatiele, Baga Mothibi and others.
Of course, the list is long and we do not have enough time to reflect on all at this point, but let me say, as I draw to conclusion that such issues as the assertion that the Local Government environment is over-regulated need a clear dissection, and possibly this Conference should reflect on that too, more so because on the alleged indicator of Minimum competency requirement, the Proclamation is meant to come into effect in January 2013, and I know that this is one of the things that there is no immediate agreement on.
In conclusion
I want to take this opportunity to thank SALGA Executive for creating this space where we share our views, and I sincerely wish this conference successful deliberations and taking sustainable resolutions to take forward the agenda of SALGA as a collective voice for municipalities.
Contact person:
Nghamula Nkuna
Cell: 071 393 4727 / 076 227 5907
