what's this Municipal Systems Amendment Bill, about?
http://www.info.gov.za/speech/DynamicAction?pageid=461&sid=17263&tid=30697
Slightly edited (take out names, etc.)
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Address by the Acting Minister for Cooperative Governance and Traditional Affairs, Honourable Nathi Mthethwa, on the Municipal Systems Amendment Bill, Parliament
24 Mar 2011
Honourable Speaker
Today is an important milestone in our ongoing march to realise our vision of developmental local government in South Africa. This vision is fundamentally about people-centred-local government and the need to make our municipalities administratively and professionally sound so that we can improve the lives of all our people.
When we look back, it has been a great journey full of experience; that of learning, adjustments, and at times mixed feelings of pain and moments of glory.
Since 1994 we have seen a reduction in the number of municipalities and an increase in the number of wards.After this year’s elections municipalities will decrease from 283 to 278, with wards growing beyond 4000. This shows our commitment to the intensification of local democracy in our communities.
Today we are tabling the Municipal Systems Amendment Bill, which is an important piece of legislation that addresses the following key matters:
- This Bill sends a clear signal that our municipalities must and will be more professional in the manner in which they do their business.The Bill seeks to ensure that the competent and well qualified officials are appointed to provide the best possible service to our people.
- The Bill also regulates various matters on human resource management in a manner that promotes greater uniformity and predictability across municipalities.
- The Bill seeks to deepen accountability by the senior municipal officials to the council and by the same token places certain obligations on politically elected officials.
- The Bill also prohibits municipal managers and those directly reporting to them (Section 57) from holding any position as office bearers in any political party.
- Finally, the Bill makes provision for Organised Local Government to consult with the Minister responsible for Cooperative Governance and Traditional Affairs prior to entering into negotiations with the Local Government Bargaining Council.
Assessment of local government
In 2009 we undertook a thorough assessment of the state of local government in South Africa. Our view was that local government is functional, but there are critical areas that require our urgent attention. Furthermore we stated that,
“Local government in South Africa has contributed to the achievement of a number of significant social and economic development advances, since the ushering in of the new democratic municipal dispensation in December 2000. The majority of our people have increased access to a wide range of basic services and moreopportunities have been created for their participation in the economy.
However, there is a risk that the overall positive progress and success of the new Local Government system in South Africa is increasingly being overwhelmed by a range of factors and negative practices both internal and external to municipalities.”
The legislation before the House today is aimed at learning from the lessons of and addressing the weaknesses of democratic local government since 1994 and 1998, which was when we adopted the White Paper on Developmental Local Government. We also focus squarely on key issues that arose from the 2009 State of Local Government Report.
Today is therefore a positive step that requires all our support.
The Municipal Systems Amendment Bill introduces a number of provisions that seeks to professionalise local government administration in order for better services to be provided to our people. In defining our future trajectory, we resolved that professionalisation of local government must take centre stage.
What are the key challenges we seek to address?
One key objective of this legislation is to progressively align our systems of municipal administration and human resource management with that of the public service in national and provincial government. We are all aware that our local administrations in local government take different forms and are highly fragmented.
Secondly, we have realised that in some cases municipalities, regardless of the political party in leadership, are staffed by employees who are not qualified to undertake their duties. It is for this reason that this Bill makes it mandatory for Municipalities to employ appropriately qualified and competent persons.
The days of appointing book-keepers, teachers and social scientists as a CFOs are over.
We also hear some people criticizing the ruling party’s approach to the employment of key staff in municipalities. They say it has brought embarrassment to our system. We will recognise that in some instances we have made mistakes and some employees have not discharged their duties as required. Today we make a commitment that valid cases will be addressed as part of our performance management system in municipalities and this legislation will assist us to do this.
We want to go further and call on all political parties who are running our municipalities to ensure that we implement this legislation.
It is our view that municipal managers and their direct subordinates should possess inherent requirements for employment to avoid mediocrity in our institutions.In the event the councils act against this measure; either the MEC or myself will intervene decisively to remedy the situation. We have made specific provisions to enable the MEC and Minister to act in this regard.
Normalising the political – administrative interface in municipalities
It has always been our view that political micro-management of municipalities is not desirable.This was demonstrated during our assessment exercise where we experienced a shockingly high level of inappropriate political interference in the administration; this is the case, regardless of which party is in leadership in the municipality.
As a progressive government under the ANC leadership, we have resolved that municipal managers and those directly reporting to them ought not to occupy political office in any political party.
Those appointed to manager positions in the municipality must exercise their responsibilities without fear, favour or prejudice and their focus should always strive to make the administration function better. Let them leave politics to Councilors who are deployed by their political parties to exercise political oversight.
Fighting corruption in local government
You will agree with me that corruption is an enemy of development and our endeavour to eradicate poverty and unemployment that is facing us today.
We are tackling this head-on.We have taken a major step by regulating the re-employment of employees dismissed for serious misconduct. Those found to have defrauded the State will have no space in our local government sphere.
We have agreed that officials found guilty of such serious misconduct, fraud and corruption should not be re-employed by any municipality for a period of ten (10) years.
We are a government at work and dedicated to achieving clean, effective and efficient local government.
Local government bargaining council matters
We are also concerned with the manner in which collective agreements are entered into in the local government sector by parties without the appropriately keeping the responsible Minister abreast.We have thus found it necessary to stipulate in law that organised local government must consult with the Minister and the Fiscal and Financial Commission before embarking on negotiations in the bargaining council.
In many instances there are consequences for the entire municipal sphere and even on the national fiscus arising from the decisions taken in the bargaining council. We believe this is part of the responsible oversight role of the ministry and consistent with the Constitutional injunction for all spheres to work together in a cooperative manner.
Conclusion
This government adopted a Local Government Turn-Around Strategy in 2009. Our primary aim is to restore the confidence of the majority of our people in our municipalities and re-build and improve the basic requirements fora functional, responsive, effective, efficient and accountable developmental local government. This Bill takes us boldly in that direction.
Today we call on the House to support the Bill.
We have come a long way with this Bill; I would like to thank the members of the Portfolio Committee that worked tirelessly to ensure that it is debated today. Because of your diligence we took this piece of legislation to National Economic Development and Labour Council (NEDLAC) for further consultation, and through an extensive public hearing process. Both exercises have enriched the quality of this Bill.
I also wish to extend my gratitude to the Honourable Minister Shiceka and Deputy Minister, Yunus Carrim, and the team that worked on this Bill from the beginning to the end.
Finally, we meet today fifty-six (56) days before the third democratic local government elections. It is also a year after celebrating a decade of developmental local government. In tabling this Bill we call on all our people to turn out in greater and unprecedented numbers in our third democratic local government elections on the 18 May 2011. We hope that 23,6 million people who have registered will come in numbers to cast their votes.I wish all political parties participating in these Local Government Elections all the best.
Let us continue to make local government is everyone’s business.
I thank you.
Issued by: Department of Cooperative Governance and Traditional Affairs
