Derek TaylorNelson Mandela Metropolitan University

Port ElizabethSouth Africa

Background Local government has undergone significant changes in terms of the new democratic order;

Emphasis on the new “developmental” mandate;

Basic service delivery remains a key challenge;

Local Government Turnaround Strategy, 2009.  

   

South Africa’s Constitutions 

1910 (Union of South Africa); 1961 (Republic of South Africa); 1983 (Tri-Cameral Constitution); 1993 (Interim Constitution); and 1996 (Final Constitution). 

Above Constitutions all had a significant impact on the role and functions of local government.

Restructuring of local government in a post-democratic South Africa:

• Prescriptions in the Local Government Transition Act of 1993; and

• Prescriptions in the Interim Constitution of 1993.

Phases: Pre-Interim Phase Establishment of the Statutory and Non-Statutory Forums;

Ended with the 1st democratic local government elections in 1995. Interim Phase Commenced in 1995 ended after the 2nd democratic local government elections in December 2000. 

Final Phase:

 Commenced in December 2000 and currently continues;

 Emphasis on “developmental” local government legislation;

 Constitutional prescriptions of “efficiency” and “effectiveness” in terms of service delivery.

White Paper on Local Government, 1998

Emphasis on the new developmental mandate;Importance of community consultation and

participation;Developmental legislation (Acts);Sustainable and affordable basic services; Role of ward committees.

Four characteristics of developmental local government are:

Maximising social development and local economic growth;

Integrating and co-ordinating;Leading and learning; andDemocratizing development.

  

 

According to a report regarding the State of Local Government in SA, in December 2009:

•The Gauteng Province had the highest number of service delivery protests between January and July 2009 (Figure 1).

Figure 1: Breakdown of service delivery protests: January – July 2009

(Source: Overview report: State of Local Government in South Africa, by Department of Cooperative Governance and Traditional Affairs, 2009)

 

Service delivery protests (January - July 2009): Breakdown per province

Eastern Cape5% Free State

15%

Gauteng30%

Kwa Zulu Natal8%

Limpopo3%

Mpumalanga8%

North West17%

Northern Cape2%

Western Cape12%

HISTORICAL PERSPECTIVE: 1990-1996

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Accountability Systems

(lack of performance management systems; poor oversight; poor community participation mechanisms)

Political factors

(inter- and intra-political conflicts and polarisation)

Intergovernmental Fiscal Regime

(poor grant design & limited impact; grant dependency)

IGR support & oversight

(fragmented national and provincial support; weak oversight)

Capacity & Skills

(lack of capacity in small & rural municipalities)

Legislative Factors

(inappropriate legislation; over- and under-regulation)

Systemic Factors

(two tier system; limited revenue base; demarcation)

Root Causes of Municipal Problems

Figure 3: Proposed key interventions to address municipality problems, Cabinet report, 03 December 2009.

Figure 4: Provincial budget allocations to local government programmes.

% of Provincial Budget allocated to its municipalities (net of HES)

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1

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5

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Eastern Cape Free State Gauteng Kw azulu Natal Limpopo Mpumalanga North West Norhern Cape Western Cape

(Source: Overview report: State of Local Government in South Africa, by Department of Cooperative Governance and Traditional Affairs, 2009).

Figure 5: Budget allocations from the Office of the Premiers to governance structures in the municipalities

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5

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OTP % of operating budget 2006/07

(Source: Overview report: State of Local Government in South Africa, by Department of Cooperative Governance and Traditional Affairs, 2009).

Low budget allocations are part of the service delivery problem. Capacity to spend appears to be a problem in certain municipalities.

Sourcing highly skilled personnel is a major challenge for most municipalities.

Specific shortage of these skills exist in the fields of economic development, project management, engineering, development planning and spatial planners.

Proposed that provincial and national allocations to municipalities will have to be increased significantly.

Will allow for the creation of enhanced capacity in municipalities.

This would expand and expedite service delivery.

The Local Government Turnaround Strategy

 Approved by Cabinet December 2009;

What must be done to restore confidence of communities regarding local government in 2011 and beyond?

3rd Force and violent service delivery protests?

 

Objectives of the LGTAS are to:

Ensure that municipalities meet basic needs of communities;

Build clear, responsive and accountable government;

Improve functionality, performance and professionalism in municipalities;

Improve national and provincial policy, support and oversight to local government;

Strengthen partnerships between local government, communities and civil societies.

 

Challenges of the LGTAS cited by Kakaza (2011):

Political interference;Implementation of time frame;Lack of resources;Unwillingness to co-operate by bureaucracy;Impact of national policies on local government;

Siyaya (2011) proposes the following additional challenges:

Municipalities differ significantly in terms of their specific challenges;

Lack of co-ordination by sector departments and role-players;

State has tended to make uniform policies rather than relate them to specific circumstances;

Smaller municipalities have huge infrastructure backlogs which need significant funding;

Primary health care undertaken by municipalities remains unresolved;

A lack of adequate funding for the LGTAS to be effective;

Makunga (2011) proposes the following additional challenges:

The impact of uniform regulatory frameworks for all municipalities;

Municipalities focus on compliance of policy prescriptions and not service delivery;

Ineffective support by both the provincial and central spheres of government;

External factors beyond control of municipalities that have a direct negative impact.

Recommendations

Political interference in the administration of municipalities must cease;

Politicians and officials should be further capacitated regarding the LGTAS;

Struggling municipalities should “learn” from those municipalities who are performing well;

Restore confidence of communities regarding basic service delivery by municipalities;

Enhanced public consultation and participation strategies to be formulated;

Adequate financial resources to be made available;

Codes of conduct to be strictly enforced;

CONCLUSION

The aims of the LGTAS should be redefined;Emphasis on basic service delivery;Political “in-fighting” should cease;Restore the confidence of communities;Firm leadership from all spheres of government;Accountability of legislative prescriptions;Adequate financing with budgets spent;

Thank you ladies and gentlemen.