| MEC Speed Mashilo | HOD Samkelo Ngubane |
 |  |
The Department of Cooperative Governance and Traditional Affairs, formerly Local Government was renamed to realign it with National imperatives. With 21 Municipalities and 61 Traditional Leaders in Mpumalanga, the department’s role is to monitor and support the municipalities and the institution of Traditional Leaders to discharge their mandate and responsibilities. The department is responsible to strengthen Cooperative Governance in the province as well as to improve the development of Capacity of the Institution of Traditional leaders.
This means we will make government work and function better in a more integrated way and ensure that the institutions of Traditional leaders are transformed, to play a big role in partnering with government to accelerate development. In the 2008/09 financial year the department held successful elections to reconstitute the first traditional councils. The elections were held to elect 40% members of the Traditional Councils and Traditional leaders appointed 60% to represent them in the councils.
Over the years, municipalities have had to grapple with challenges in discharging their full mandate, owing to lack of adequate resources such as funds and expertise. Consequently, the majority of municipalities failed to comply with legislative prescripts such as the Municipal System’s Act and the Municipal Finance Management Act (MFMA), however, the situation has now been turned around through the intervention of the department.
This intervention has seen an increase in municipalities that receive unqualified reports in respect of Financial Statements by the Auditor-General, while the number of those with disclaimers has been reduced gradually. The department is also helping municipalities with Integrated Development Plans (IDPs) and Local Economic Development (LED) in order for them to be financially viable.
The Municipal Infrastructure Grant programme is aimed at providing communities with basic level of services by the year 2013 through the provision of grant finance aimed at covering the capital cost of basic infrastructure for the poor. Due to huge number of backlogs recorded by Stats SA during the census 2011, the programme has been extended up to 2016 to ensure that all households have access to basic services e.g. water, sanitation, electricity, solid waste etc.
Since the inception of the programme in 2006, an amount of R6.1 billion has been allocated in the Province for project implementation and R5.6 billion has been reported as expenditure on projects implemented. The 2011 Census report shows that the province has significantly increased the access to basic services. The current report indicate the following;
87,4% or 940 288 households have access to water
93,7% or 1 007 535 households have access to sanitation
89,6% or 963 382 households have access to electricity
50,5% or 542 709 households have access to refuse removal.
In its daily duties the department is guided by outcome 9. Aresponsive, accountable, effective and efficient local government and the following 7 outputs;
Output 1: Implement a differentiated approach to municipal financing, planning and support
Output 2: Improving access to basic services
Output 3: Implementation of the Community Work Programme
Output 4: Action supportive of the human settlement outcome
Output 5: Deepen democracy through a refined Ward Committee model
Output 6: Administrative and financial capability
Output 7: Single window of coordination
Vision
Responsive, effective, efficient and sustainable co-operative governance system.
Mission
To ensure that Municipalities and Traditional Institutions in the Province perform their basic responsibilities and functions by promoting good governance, sound financial management and administrative capability.
Values
To be guided by the spirit of Batho Pele, our values are:
- Ubuntu: Employees demonstrates a quality that includes essential human virtues, compassion and humanity • Ethical behaviour (Integrity and honesty): Employees demonstrates a high degree of morality and empathy in the execution of duties
- Professionalism: Employees display effectiveness, efficiency in line with norms and standards in delivering the mandate of the Department
- Goal orientated: Employees Focused in achieving the mandate of the Department • Excellent and quality services: A department that strive to provide a level of services meeting acceptable standards in delivering services
- Responsive and solutions driven: Departmental quality of reacting quickly, proactive and positively to issues to address actual needs of our clients
- Learning and development: The Department creates an Environment of continuous Learning and development for employees
LEGISLATIVE AND OTHER MANDATES
Constitutional Mandate
The following Chapters with the relevant sections of the Constitution of the Republic of South Africa, 1996 are important regarding the specific constitutional mandates of the Department:
The Constitution of the Republic of South Africa, 1996
The Department subscribes to the founding provisions of the Constitution, including the Bill of Rights as well as the principles of co-operative governance and intergovernmental relations as contained in Chapters 1; 2 and 3 of the Constitution of the Republic of South Africa, 1996.
Section 139, Chapter 6 of the Constitution of the Republic of South Africa, 1996
The MEC as per the directives of the Provincial Executive Committee (EXCO) may intervene in the affairs of a municipality.
Section 154(1), Chapter 7 of the Constitution of the Republic of South Africa,1996
The MEC as assigned by the Provincial Government to ensure by legislative or other measures, must support and strengthened the capacity of Municipalities to manage their own affairs, to exercise their powers and to perform their functions.
Section 155(6),Chapter 7 of the Constitution of the Republic of South Africa, 1996
The MEC as assigned by the Provincial Government to establish Municipalities in the Province in a manner consistent with legislation enacted in terms of section 155(2) and 155(3) respectively and by legislative or other measures, must monitor and support local government in the Province and promote the development of local government capacity to enable Municipalities to perform their functions and manage their own affairs.
Section 156(1), Chapter 7 of the Constitution of the Republic of South Africa, 1996
The MEC as assigned by the provincial government, subject to section 44 of the Constitution, has the legislative and executive authority to see to the effective performance by Municipalities of their functions in respect of matters listed in Schedules 4 and 5 of the Constitution, by regulating the exercise by Municipalities of their executive authority referred to in section 156(1) of the Constitution. Annual Report 2022-2023 Department of Co-operative Governance and Traditional Affairs
Section 212, Chapter 12 of the Constitution of the Republic of South Africa,1996
The Department acknowledges the role for Traditional Leadership as an institution at local level on matters affecting local communities and to deal with matters relating to traditional leadership, the role of Traditional Leaders, customary law and the customs of communities observing a system of customary law by the establishment of Houses of Traditional Leaders.
Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998)
The Act empowers the MEC to establish Municipalities in accordance with the requirements relating to categories and types of municipality; to establish criteria for determining the category of municipality to be established in an area; to define the type of municipality that may be established within each category; to provide for an appropriate division of functions and powers between categories of municipality; to regulate the internal systems, structures and office-bearers of Municipalities; to provide for appropriate electoral systems; and to provide for matters in connection therewith.
Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)
The Act seeks to provide for the core principles, mechanisms and processes that are necessary to enable Municipalities to move progressively towards the social and economic upliftment of local communities and ensure universal access to essential services that are affordable to all; to define the legal nature of a municipality as including the local community within the municipal area, working in partnership with the municipality’s political and administrative structures; to provide for the manner in which municipal powers and functions are exercised and performed to provide for community participation; to establish a simple and enabling framework for the core processes of planning, performance management, resource mobilization and organizational change which underpin the notion of developmental local government; to provide a framework for the provision of services, service delivery agreements and municipal service districts; to provide for credit control and debt collection; to establish a framework for support, monitoring and standard setting by other spheres of government in order to progressively build local government into an efficient, frontline development agency capable of integrating the activities of all spheres of government for the overall social and economic upliftment of communities in harmony with their local natural environment; to provide for legal matters pertaining to local government; and to provide for matters incidental thereto
Local Government: Municipal Structures Amendment Act, 2021 (Act No. 3 of 2021)
The Act amends the Local Government: Municipal Structures Act, 1998, to provide, amongst others, for a minimum of 10 councillors per municipality; to provide for the prohibition of a councillor who was found guilty of a breach of the Code of Conduct for Councillors for a period of two years; to require the municipal manager to inform the MEC in addition to the Electoral Commission of ward vacancies; to provide that the MEC call and set the date for by-elections; to allow the MEC to designate a person to call and chair a meeting of the municipal council when the speaker, acting speaker or municipal manager refuses to call the meeting; to allow for the MEC to inform the chief electoral officer of vacancies if the municipal manager fails to do so; to provide for a Code of Conduct for Councillors; and to provide for matters connected therewith.
Local Government: Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022)
The Act makes further provision for the appointment of municipal managers and managers directly accountable to municipal managers; to provide for procedures and competency criteria for such appointments, and for the consequences of appointments made otherwise than in accordance with such procedures and criteria; to determine timeframes within which performance agreements of municipal managers and managers directly accountable to municipal managers must be concluded; to make further provision for the evaluation of the performance of municipal managers and managers directly accountable to municipal managers; to require employment contracts and performance agreements of municipal managers and managers directly accountable to municipal managers to be consistent with the Act and any regulations made by the Minister; to require all staff systems and procedures of a municipality to be consistent with uniform standards determined by the Minister by regulation; to bar municipal managers and managers directly accountable to municipal managers from holding political office in political parties; to regulate the employment of municipal employees who have been dismissed; to provide for the approval of staff establishments of municipalities by the respective municipal councils; to prohibit the employment of a person in a municipality if the post to which he or she is appointed is not provided for in the staff establishment of that municipality; and to provide for matters connected therewith.
Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004)
The MEC to support Municipalities with the process to impose rates on property; to assist Municipalities to make provision to implement a transparent and fair system of exemptions, reductions and rebates through their rating policies; to make provision for objections and appeals process and to provide for matters connected therewith. 15 Department of Co-operative Governance and Traditional Affairs Annual Report 2022-2023
Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)
The Act requires of the Department to advise on sound and sustainable management of the financial affairs of Municipalities and other institutions in the local sphere of government; and to provide for matters connected therewith. The execution of the provisions of the Act is shared with the Provincial Treasury in as far as functions to be performed by the MEC for local government are concerned.
Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005)
The Act requires of the Department to acknowledge the framework for the three spheres of government, namely national, provincial and local government, to promote and facilitate intergovernmental relations between the three spheres of government, which are distinctive, interdependent and interrelated; to provide mechanisms and procedures to facilitate the settlement on intergovernmental disputes and incidental matters thereto.
Disaster Management Act, 2002 (Act No. 57 of 2002)
Chapter 4 of the Act requires of the Department to take cognisance of provincial disaster management –
Part I: Provincial Disaster Management Framework:
Section 28
(1) Each Province must establish and implement a framework for disaster management in the Province aimed at ensuring an integrated and uniform approach to disaster management in the Province by all provincial organs of state, provincial statutory functionaries, non-governmental organizations involved in disaster management in the Province and by the private sector.
(2) A Provincial disaster management framework must be consistent with the provisions of this Act and National Disaster Management Framework.
(3) (a) Provincial disaster management framework, or any amendment thereto, must be published in the Provincial gazette. (b) Before establishing or amending a Provincial disaster management framework, particulars of the proposed framework or amendment must be published in the Provincial gazette for public comment.
Part 2: Provincial Disaster Management Centres
Section 29
(1) Each Province must establish a disaster management centre.
(2) A Provincial disaster management centre forms part of and functions within the Department.
Fire Brigade Services Act, 1987 (Act No. 99 of 1987)
The Act seeks to provide for the establishment, maintenance, employment, co-ordination and standardization of the brigade services and for matters connected therewith. This is achieved through the Fire Brigade Board and the establishment of the fire services by local municipalities and by recognizing designated fire services in those areas where a fire service is required.
Traditional and Khoi-San Leadership Act, 2019 (Act No. 3 of 2019)
The Act provides for the recognition of traditional and Khoi-San communities, leadership positions and for the withdrawal of such recognition; to provide for the functions and roles of traditional and Khoi-San leaders; to provide for the recognition, establishment, functions, roles and administration of kingship or queen ship councils, principal traditional councils, traditional councils, Khoi-San councils and traditional sub-councils, as well as the support to such councils; to provide for the establishment, composition and functioning of the National House of Traditional and KhoiSan Leaders; to provide for the establishment of provincial houses of traditional and Khoi-San leaders; to provide for the establishment and composition of local houses of traditional and Khoi-San leaders; to provide for the establishment and operation of the Commission on Khoi-San Matters; to provide for a code of conduct for members of the National House, provincial houses, local houses and all traditional and Khoi-San councils; to provide for regulatory powers of the Minister and Premiers; to provide for transitional arrangements; to amend certain Acts; to provide for the repeal of legislation; and to provide for matters connected therewith.
Mpumalanga Traditional Leadership and Governance Act, 2005 (Act No. 3 of 2005)
The Act requires of the Department to take cognisance and assist to provide for the recognition and withdrawal of recognition of traditional communities; to provide for the establishment and recognition of Traditional Councils; to provide for the recognition and appointment of Traditional Leaders and their removal from office; to provide for the implementation of the Provincial Code of Conduct; and to provide for matters connected therewith.
Mpumalanga Provincial House and Local Houses of Traditional Leaders Act, 2005 (Act No.6 of 2005)
The Act provides for the establishment and composition of the Mpumalanga Provincial House and Local Houses Annual Report 2022-2023 Department of Co-operative Governance and Traditional Affairs 16 of Traditional Leaders, determine the procedure for the election of members of the Provincial and Local Houses, to provide for the powers and functions of the Mpumalanga Provincial House and Local Houses of Traditional Leaders and to provide for matters incidental thereto.
Mpumalanga Ingoma Act, 2011 (Act No. 3 of 2011)
The Act seeks to regulate the holding of an Ingoma or initiation schools; the Act empowers the MEC responsible for traditional matters to monitor the holding of an Ingoma; empowers the MEC to make regulations on any matter that will ensure the proper implementation of the Act.
Customary Initiation Act, 2021 (Act No. 2 of 2021)
The Act provides for the effective regulation of customary initiation practices; the Act provides for the establishment of a National Initiation Oversight Committee and Provincial Initiation Coordinating Committees and their functions; to provide for the responsibilities, roles and functions of the various role-players involved in initiation practices as such or in the governance aspects thereof; to provide for the effective regulation of initiation schools; to provide for regulatory powers of the Minister and Premiers; to provide for the monitoring of the implementation of this Act; to provide for provincial peculiarities; and to provide for matters connected therewith.
Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)
The Act seeks to serve as the framework for Municipalities in order to ensure effective spatial planning and land use and management; the MEC would have to strengthen the monitoring of spatial planning and land use management by Municipalities including ensuring compliance with section 156(2) of the Constitution, which stipulates that “A municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer”. Therefore, Municipalities in the Province should develop their own planning By-laws.
Other legislation that also impact on the Department includes:
- Regulations for the Election of the 40% Members of Traditional Councils, 2007.
- Mpumalanga Commissions of Inquiry Act, 1998 (Act No. 11 of 1998)
- Public Finance Management Act, 1999 (Act No. 1 of 1999)
- Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998)
- Other enabling legislation of Local Government
- Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
- Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)
- Protection of Personal Information Act, 2013 (Act No. 4 of 2013)
- Labour Relations Act, 1995 (Act No. 66 of 1995)
- Public Service Act, 1994
- Public Administration Management Act, 2014 (Act No. 11 of 2014)
