Acronyms and Abbreviations
Chapter 3: Service Delivery Planning in Ndwedwe Local Municipality: Legislative and Policy Context
3.4. Legislative and policy framework for the rendering of service delivery
The slow rate of rendering basic services in South Africa has failed to prove effective in most local municipalities, particularly in rural areas. Communities are losing faith in municipalities because of local government’s failure to deliver services. Policy rules are legal and administrative prescripts used in local government to guide municipal administrators and inhabitants on how to carry out their responsibilities properly. Disobedience with institutional norms and regulations that guide municipal employers and employees in the supply of goods and services is one of the key flaws that impedes service delivery (Mabizela & Matsiliza, 2020).
Municipal officials’ non-compliance is a threat and a risk that results in poor performance and inefficiency in community services. Most local governments lack a robust system for public involvement in planning and in executing policy in order towards improving rendering of services.
Officials from local governments must follow laws and legislation that guide them in terms of service delivery to foster transparency, accountability, and participatory democracy (Mabizela & Matsiliza, 2020).
Legislation can be observed as a caution of guidelines created by and imposed government that has power over its residents. It not only establishes penalties for individuals who breach government regulations, but it also ensures that government agencies, such as municipalities, plan and implement policy programmes in accordance with the spirit and stipulations of specific legislation (Moyo, 2016:17). South Africa’s local government system was largely based on British local self-government ideals. Municipal issues, on the other hand, were the responsibility of Provincial Authorities from 1994, in accordance with the South African Act of 1909. For some years, the South African government did nothing to build institution of local government that remained appropriate designed for the country’s urban centres (Moyo, 2016:17).
The next section discusses key legislative and policy frameworks which underpin the provision of service delivery in Local Government.
3.4.1. The Constitution of the Republic of South Africa, 1996
The Constitution of the Republic of South Africa, 1996 symbolise the self-governing ethics of the new South Africa. It is a constitution that the statutory body and the public can be full of pride.
59 In terms of section 152 of the Constitution, municipalities have the decree to confirm that all citizen be given the services they need to fulfil the basic needs. Communities and community organisations are thus encouraged to partake in the operations of local government by municipalities. In addition, the municipality must promote a charter of rights that symbolises the nation’s principles of human dignity, equality, and liberty, as well as defend the Constitution’s foundations (Van der Waldt, 2014:45).
According to section 152 of the Constitution of the Republic of South Africa 1996, the rendering of services to the citizens is one of the major roles of local government to provide democratic and responsible government to local communities, to secure the long-term provision of services to communities, to promote social and economic growth, and to stimulate local community participation in local government issues (Constitution of the Republic of South Africa, 1996). Section 153 of the Constitution, then goes on to explain what a municipality’s developmental responsibilities are, including how to construct and manage its administration, makes provision for financial management, and preparation processes and mandate to highlight the community’s basic needs and partake in national and provincial development.
Section 152(1) of the Constitution establishes a set of broad objectives with which every municipality must comply in terms of the use of funds and administrative competence. The following objectives are as follows.
i. To encourage citizens to have a democratic and accountable local administration. As the government closest to the people, local municipalities act as a typical model for reassuring accountability and equality among the communities. Citizen engagement has now become a key and frequent need in a democratic system based on participation, such as that found in South Africa (Van der Waldt, 2014:4). As a result, municipalities are the first port of call for citizens seeking to have their concerns heard by the government. Ward committees and community participation may be required to conduct new policy consultations as well as policy evaluations and forums. Local governments try to provide transparent and accountable government to the public, with unbiased, non-racial, fair, and just acts and programmes for all people, regardless of race or ethnicity (Ijeoma 2013:397).
ii. To guarantee that the distribution of services to communities are provided in a supportable way.
O
ne of the key responsibilities of local government is to ensure that services are delivered in a sustainable manner. The majority of communities in South Africa are reeling from the inequities imposed on them by the previous regime, which had two opposing growth strategies. One for the minority, and the other for the bulk of native Black Africans who are segregated (The Constitution of the Republic of South Africa, 1996).60 There are too many service delivery backlogs in black African communities, which are inhibiting socioeconomic development and improving residents’ quality of life. By stating that everyone has a right to free fundamental services, such backlogs can be eliminated and that everyone is capable of meeting those demands.
In the near future, only local government will be able to achieve this. By implementing a new sustainable development strategy, local governments can ensure long-term service delivery paradigm (Ijeoma, 2013:398).
Encourage social and economic development. The purpose of local government is to ensure that the delivering services and achieving long-term socioeconomic growth. This is because local governments have adopted progressive local government, which is governance that is devoted to working with the society, groups, and other stakeholders to discover justifiable ways to address their socioeconomic demands while also improving the community’s quality of life (Ijeoma, 2013:398).
This means that local governments have the freedom to develop or implement tactics and programmes that can help local residents find work, reduce unemployment, and increase citizen morale through community participation (Ijeoma (2013:398).
iii. To encourage a healthy lifestyle and safe environment for the communities. Sustainability is a component of the new paradigm of developmental local government that places the responsibility for environmental management on the municipality. Municipalities use the legislative and executive authority conferred in them to guarantee that citizens and inhabitants actively participate in the promotion of a safe and healthy environment by charging rents and rates (Van der Waldt, 2014:55). If residents believe their municipal government is failing to provide a healthy and safe environment, they should make accountability a requirement. Since then, some of the municipalities have developed community safety directives tasked with fostering healthy and safe surroundings within their jurisdictions (Ijeoma, 2013:399).
iv. To encourage communities and community organisations to participate in the operations of local government. The act encourage that south African local government should be able to ensure that communities are informed on all programmes that is related for service delivery to their wards in order to ensure transparency. The relevant municipal stakeholders as well as NGOs, Ward committee structures be involved in all matters concerning service delivery. The municipality should be able to ensure that the individuals’ opinions are taken into account in order to ensure that the municipality delivers what is expected by the community. Usually, the local municipality utilise Ward committee structure as a means of coordination or liaising with the citizens (Ijeoma, 2013:399).
61 3.4.2. The White Paper on Local Government, 1998
The emphasis placed on the act is that it encourages the communities to have an input on drafting of policies and processes to all matters which can have an impact to their lives The act further states that local government must always ensure the involvement of community participation on all matters for service delivery planning. Therefore, Ndwedwe Local municipality encourages community participation by arranging Izimbizo and Roadshows with its community members. The White Paper goes into detail on the four features of developmental local government: optimising social and economic progress, integrating and coordinating democratising development, empowering, redistributing, and leading and learning (Reddy 2015).
3.4.3. Local Government Municipal Structures Act 117 of 1998
The Municipal Structures Act is intended to control municipal internal processes, structures, and office bearers, as well as to establish adequate election methods. According to the Act, all municipal councils must create means to ensure that community and relevant stakeholders is engaged in local administration. Municipalities are required to establish a new governing culture that supports representatives’ democracy through participation under sections 19(2) and (3) of the Local Government Municipal Structures Act117 of 1998. The Act also encourage the creation of Ward committees, which can offer municipal guidance on local matters (Van der Waldt, 2014:46).
3.4.4. Local Government Municipal Systems Act 32 of 2000
The Local Government Municipal Systems Act was passed to give local governments a framework for planning, performance management, resource distribution, and organisational reform. It outlines the fundamental principles, systems, and procedures that must be followed when working in collaboration with the community. Section 17 of the Local Government Municipal Systems Act 32 of 2000, allows the community to contribute to the activities of the municipality. Chapter 2 of the Act encourages the involvement of all stakeholders to participate on all municipal activities. All municipalities must interact with their constituents in the same way. The community has a wider role to play in creating, implementing, and monitoring performance management systems, in addition to participating in the IDP process, as well as preparing the locusts (Reddy, 2015:18).
3.4.5. Local Government Municipal Finance Management Act 56 of 2003 (LGMFMA)
The major goals of the act are to guarantee that finances for municipalities are safeguarded in a sustainable manner and that wasteful expenditure is eliminated. The Act aims to encourage local governments to use public funds in such a way that the public gets and experiences value for money.
62 Section 2 of the LGMFA requires municipalities to sustain sound and sustainable fiscal and safeguard public funds by establishing policies and processes, as well as additional desires, to ensure accountability, transparency, and vibrant lines of duty in municipal and municipal entity fiscal and financial affairs. The Act also outlines the financial management and municipal budgeting obligations of local mayors and authorities. In terms of participation, the act specifies that a local council shall consult the community after the yearly budget has been deferred to council (Local Government Municipal Finance Management Act 56 of 2003). The Ndwedwe Municipality maintains an investment register that details the funding sources that are linked to the investment register. This guarantees that the project will be completed or whether the project has a budget allocation. The investment register shows if Ndwedwe municipality is pooling funds for interest reasons or using the cash for the grant’s original purpose.
3.4.6. Local Government Municipal Demarcation Act (No. 27 of 1998)
The act lays out the principles and methodology for determination of municipal boundaries by an independent authority board. The board is composed of 11 members. In terms of the Act, the board is responsible for the determining or designing Ward boundaries and termination of Ward boundaries if required to do so. This is done across all South Africa’s municipalities (Van der Waldt, 2014:58).
3.4.7. Local Government Municipal Property Rates Act (No. 6 of 2004) (LGMPRA)
The purpose of the act is to establish rules for municipalities in determining how tariffs are set and charged in their respective areas. The Act’s principal objective is to make property valuation procedures fairer and more equitable. As a result of this procedure, impoverished property owners might be considered. In terms of participation, the Act mandated that all stakeholders be included in municipal property rate decisions of 2004 (LGMPRA, 2004).