5 INTERGOVERNMENTAL RELATIONS, GOOD GOVERNANCE AND
Municipalities are expected to provide clear and accountable leadership, management, budgeting and direction to the community in order for them to participate in their own government.
Participation is viewed in relation to the development and management of the municipal area.
This accordingly includes:
• Provision of infrastructure, household and community services;
• Land use regulation and planning;
• Housing and township establishment;
• Development planning and Local Economic Development;
• Municipal Health and Environmental Services; and
• Local safety and security.
As part of its Public Participation process, the municipality has established the following structures, viz:
• IDP Representative Forum;
• IDP Technical Committee
• IDP Steering Committee;
All issues pertaining to the development of the municipality are deliberated upon by all this structures, which are composed of multidisciplinary stakeholders in their organised forms. They meet regularly throughout the year to deliberate on developmental challenges confronting the municipality, and in so doing harness their shared understanding of these challenges and required interventions thereof.
5.3
S
UPPORTINGL
OCALM
UNICIPALITIESThis priority area refers to the function assigned to District municipalities in terms of Section 83(3) (c) of the Municipal Structures Act. It is thus a key function of GSDM and is a key driver in improving governance of local municipalities within the District as a whole as continuously highlighted in sections 7, 8 and 9 of this document.
As part of the Support envisaged by the District to its Local Municipalities, GSDM is in the process of establishing the Centralised Project Management Unit (CPMU).
The purpose of the establishment of a Centralized Project Management Unit (CPMU) is to manage the Municipal Infrastructure Grant (MIG) funded capital development projects of all the Local Municipalities (LM’s) within the Gert Sibande District Municipality (GSDM) region and specifically to align its activities with all principles and objectives in relation to the design of the Local Municipalities (LM’s) MIG Capital Programme according to the existing MIG Policy Framework.
Fundamentally, the CPMU will not be a GSDM or LM entity as such, but will be a Service Provider which will be accommodated in its own “premises” in a location to be mutually agreed by all the LM’s.
All aspects, including all principles, objectives, sector conditions and outcomes contained within the MIG Guideline Document and the MIG Policy Framework document to be adhered to.
The Labour Intensive objectives as detailed in the Expanded Public Works Framework document and the Code of Good Practice for Special Public Works 25/01/2002, will form an integral component of the CPMU.
Due cognisance to be taken of the municipal and regional integration of all funded programmes within the framework of all of the LM’s existing and future Integrated Development Plans.The alignment of the approaches and processes of existing infrastructure programmes to those of all new funded programmes to be adhered to.
The following are key areas of intervention to be handled by the CPMU:
a. Ensure adequate Linkages between infrastructure planning and the IDP in each LM b. Development of the Infrastructure Investment framework for all the Local
Municipalities.
c. Development of service profiles so as to align the operations and maintenance plans to the respective budgets
d. Create a linkage between infrastructure creations to socio- economic impact.
e. Create and link GSDM to Provincial Data base.
f. Foster the involvement of Communities to infrastructure development, implementation and maintenance.
g. Promote job creation through the implementation of infrastructure development, and h. Capacity building on project management for the staff of the Local Municipalities.
i. Reporting to the Local, District, Provincial and National Government structures as may be applicable on the implementation and execution of projects funded through Conditional Grants as may be received.
The CPMU will be responsible for the administration and financial management within the municipal and national accounting systems for infrastructure projects. In order to ensure that the implemented projects remain sustainable, the CPMU will assist the Local Municipalities to make the necessary provision for Operations and Maintenance (O&M) in their budgets.
The CPMU will develop adequate capacity to handle the work and will continually engage the local Municipalities to ensure that the necessary expertise is developed at all levels of Local Government.
It is the responsibility of the CPMU to ensure that the municipality has the resources to fulfil the operations and maintenance obligations for all capital projects.
The CPMU will assist wherever possible with regard to the planning and implementation of the Operations & Maintenance programmes, directly or indirectly.
DM in collaboration with its constituent LMs has a desire to accelerate and extend basic services to all its communities. However, the Municipal Structures Act and the authorizations by the National Minister of Provincial and Local Government prevent the District from performing some
of the most important functions, such as water. In order for the GSDM to build a credible and convincing case for the Minister to re-consider the water authority authorizations, it has to benchmark itself with the best Districts and learn from them the best mechanisms of service provision. Another milestone project worth mentioning is the UGu Fresh Produce Market. This is a first in District municipalities to own and operate a fresh produce market which ensures that the agricultural produce of the District revolves in a value supply chain that benefits the municipality and its people. This is a good example of sharing and accelerating growth and development as envisaged by ASGISA.
5.4 T
RADITIONALL
EADERSHIPTraditional leadership is an epitome of culture and tradition and a symbolical existence of historical values and traditions observed by particular communities over a period of time from generation after generation. Traditional leadership has existed well alongside democratic governance in other countries, such as England, Denmark, Norway, Sweden, etc. In some countries in the African continent, traditional leadership is respected to such an extent that its status is elevated to that of governing the country, e.g. in Swaziland, where the Monarchy is also the ruling government of the country.
In South Africa, after attaining democracy in 1994, the drafters of the constitution sought to ensure that traditional leadership is recognized and was entrenched in the Constitution of the Republic of South Africa, in Chapter 12, which recognised the institution, status and the role of the traditional leadership
During the establishment of Local Houses of Traditional Leaders, much emphasis was placed on the severe service delivery backlogs, which demands partnership between Traditional Leadership structures and Local Government Structures. It is evident that service delivery in rural areas is being affected by the non-involvement of Traditional Leaders in the municipal processes. The MEC for Local Government highlighted the need for the Municipalities to understand the traditional institutions, structures and their cultures. The Traditional Leaders also need to understand Local Government mandates in terms of the Constitution, Section 152. The main objective for the establishment of the District House of Traditional Leaders was to enhance and synergise partnerships between Traditional Institutions and Municipalities in order to overcome the issues identified above while and enhancing the performance of Local Government.
In May 2010, the MEC for Mpumalanga COGTA published a notice identifying the Traditional Leaders who may participate in the Municipal Council proceedings. The notice set out the Schedule of the Traditional Leaders per municipality where GSDM has Traditional Leaders seating in the Council proceedings, 7 Traditional Leaders at Albert Luthuli and one Leader at Mkhondo and Pixley ka Seme Local Municipalities respectively. Subsequently, a Section 79 Committee has been established to accommodate traditional leaders. GSDM thus enhanced the relationship with the House of Traditional Leaders by taking a council resolution responding to the notice by the MEC.
Furthermore, The GSDM has drafted a Memorandum of Understanding between the District and Traditional leaders. The District subscribes to the national and provincial legal framework for co- operative governance and views the existence of traditional leadership within its area of jurisdiction as an opportunity to test its ability to enhance democracy. The GSDM office of Traditional Leaders is housed in the District office to ensure that Traditional Leaders are regularly engaged on developmental issues within their area of operation.
Traditional Leaders believe that they have gone beyond responding to the question of the relevance of traditional leadership in modern society. They are eager to improve the institution of Traditional Leadership so that it can become better equipped to play its role on a global platform, to optimise the impact of its contribution to local development and governance.
As such Traditional Leaders have come to the realization that they should not only play a role in giving permission for conglomerates to extract wealth within their communities but that they should work towards ensuring that their communities benefit from the business transactions.
Accepting that traditional communities reside in areas which have vast natural resources and that traditional leaders are usually the first point of contact with prospective investors, traditional leaders resolved that there should be a formation of organised structures of traditional leadership that partner with government to address traditional leaders’ capacity to participate in economic development programmes.
In terms of section 19, a Traditional Leader performs the functions provided for in terms of customary law and customs of the traditional community concerned, and in applicable legislation.
Section 20 on the other hand provides for the guiding principles for allocation of roles and functions to traditional leaders National government or a provincial government, as the case may be, through legislative or other measures, provide a role for traditional councils or traditional leaders in respect of-
(a) Arts and culture;
(b) Land administration;
(c) Agriculture;
(d) Health;
(e) Welfare;
(f) The administration of justice;
(g) Safety and security;
(h) The registration of births, deaths and customary marriages;
(i) Economic development;
(j) Environment;
(k) Tourism;
(l) Disaster management;
(m) The management of natural resources; and
(n) The dissemination of information relating to government policies and Programmes.
To this extent GSDM has thus made provision with regard to the following aspects:
• Participation in developmental decisions
• Building Capacity and Training;
• Promotion of Arts and Culture;
• Promotion of Tourism;
• Economic Development; and
• Agriculture
The following Key Issues pertaining to the involvement of Traditional Leaders within Local Government in the GSDM are prevalent:
• The severe service delivery backlogs in rural areas and the inadequate communication between the institution of traditional Leadership and the Municipalities on development initiatives has caused a huge outcry from the rural communities.
• There is a noticeably low level of involvement of the rural communities in the Municipal integrated development planning (IDP) processes.
• Deliberate exclusion of the Traditional Leaders by some municipalities from the IDP processes under the pretext that they know what was required by these communities, and some Traditional Leaders did not want to participate in the Municipal processes.
5.5 P
ARTNERSHIPS WITH OTHERM
UNICIPALITIES ANDS
ECTORSBuilding partnerships and participation refers to GSDM’s activities in relation to variety of role players that have a right to participate in, and therefore need to be consulted in the various activities of Council. This priority area also relates to the need to develop partnerships with other spheres of government and international partners in order to share and benefit from each other’s experiences, and thus harness the ability of the District to provide services in an excellent and sustainable manner.
Fire Brigade services
The Dr.PKISLM is in the process of finalizing the Mutual Assistance Agreement [MAA]. This MAA is addressed to the municipalities blow to assist in issues related to the provision of a fire brigade in case o a disaster or a matter nearer to them, the municipalities are enlisted below:
• Lekwa Local Municipality
• Msukaligwa Local Municipality
• Phumelela Local Municipality [Newcastle]
• Mkhondo Local Municipality
The Draft Mutual Agreement provides for assistance with fire brigade services as and when need arises and for the reimbursement for services provided including water, suppliers equipment and other personnel. The MMA was also forwarded to ESKOM holdings for comments or inputs. It is anticipated that the MAA will be in effect on the commencement of the 2013/2014 financial year.
Provision of Services to Charlestown (KZN – Newcastle Local Municipality)
The municipality has been providing the area called Charlestown with water for several years. The agreement that was in place with the Newcastle municipality expired. The Legal Services Unit is currently in the process of ensuring that there is an MOU/MAA that will set out clear responsibilities and expectations in terms of the provision of this basic service to the Charlestown area. The account for the provision of water to Charlestown is currently under the debtors roll with an amount of R2 375 437.95 outstanding as at 15 April 213.
The Dr.PKISLM is optimistic that the Newcastle Local Municipality will ensure that the account is up- to-date as this has a very negative impact on the budget of the Dr.PKISLM in terms of bulk purchases OPEX and CAPEX.