KRMDIOF AND GOOD GOVERNANCE MARK SERFONTEIN SENIOR STATE LAW ADVISOR - DEPUTY INFORMATION OFFICER: KZN OFFICE OF THE PREMIER
GOOD GOVERNANCE BROADLY DESCRIBED � Good governance reflects effective management and effective stewardship of public resources in an ever-changing and competitive international environment. The manner in which departmental activities are conducted is the critical link between inputs and outputs, that is, the effective and efficient utilisation of resources.
GOOD GOVERNANCE BROADLY DESCRIBED � Maximisation of organisational performance in relation to good governance should focus on improving institutional mechanisms such as leadership, the setting of clear operating principles, the quality of control systems and accountability. (Ref 1)
GOOD GOVERNANCE BROADLY DESCRIBED � Good governance is an indeterminate term used in international development literature to describe how public institutions conduct public affairs and manage public resources. � Governance is the process of decision- making and the process by which decisions are implemented (or not implemented).
GOOD GOVERNANCE BROADLY DESCRIBED � The term governance can apply to corporate, international, national, local governance or to the interactions between other sectors of society. � The concept of "good governance" often emerges as a model to compare ineffective economies or political bodies with viable economies and political bodies.
GOOD GOVERNANCE BROADLY DESCRIBED � The concept centers on the responsibility of governments and governing bodies to meet the needs of the masses as opposed to select groups in society. � Emphasis on good governance can sometimes be equated with promoting democratic government . (Ref 2)
REFERENCES � 1. Fourie, DJ 2009, 'Institutional mechanisms and good governance: a perspective on the South African public sector', Journal of Public Administration, vol. 44, no. 4, pp. 1114-1123. � 2. Wikipedia
THE LINK � Good governance and sound democracy depend on transparency and accountability. � Our Constitution establishes the SAHRC to monitor and promote human rights. � Access to information is one of those rights (section 32). � Without proper records the right to access to information is negated.
How did KRMDIOF develop? � The SAHRC together with ODAC established through audits in about 2009 that public bodies in KZN had a very poor compliance record in respect of both Records Management and the application of PAIA
THE ROOT OF THE PROBLEM � Varying priorities � Decentralisation – departments not under direct control of Premier � Ignorance � Fear � Few champions
First hand observations � Functions treated as an add- on � Resources not set aside � No separate, dedicated components established
First hand observations � Response of trainees (department officials) - little knowledge of PAIA and compliance � Selective response by HoDs to requests by DG for compliance � Very few departments had appointed DIOs � Poor record keeping facilities
Establishment of Forum � With the assistance of the National Information Officer’s Co-ordinating Committee (NIOF-CC), the Open Democracy Advice Centre (ODAC) and the South African Human Rights Commission (SAHRC), the KZN Records Managers and Deputy Information Officers’ Forum was launched on 26 March 2010.
Establishment of Forum � Certain guidelines regarding the composition, objects and functions of the Forum were suggested. Thereafter the Forum began to create itself. Essentially an organic process as needs and competencies identified.
Operation of Forum � Since its inception the members of the Co- ordinating Committee have been diverse including representatives from Provincial Archives, COGTA, the Office of the Premier, the SAHRC, municipalities and public entities. � Every year an action plan is drafted and performance measured against this.
Establishment of Forum – Achievements to Date � Fundamentally the Forum advocates for positive change in an endeavor for good governance. � Some of the detail of what the Forum has done gives an idea of its involvement. These are: � Arrangement and co-ordination of working meeting on 13 September 2011 (84 attendees). A Steering Committee was elected and the founding document adopted. � Letters from DG to all department Heads regarding appointment of DIOs and need to comply.
Establishment of Forum – Achievements to Date � Arranged presentation by a representative of the SAHRC to G & A Cabinet Cluster. � Attendance of fact finding trips to Stockholm and Limpopo. � Meetings convened with SALGA who are facilitating PAIA training within municipalities by SAHA. � Assistance with organisation and co-ordination of the Annual Archives, Libraries, Museum and Language Conference : since December 2010.
Establishment of Forum – Achievements to Date � Almost all Departments received a high rating for PAIA compliance in terms of the MPAT evaluation process for the 2014/2015 financial year. Sadly Municipalities remain in ICU.
Establishment of Forum – Achievements to Date � Draft founding document. � Circulated all departments when section 32 report due (2011 to 2015). � A dedicated Records Management component within the Office of the Premier approved and work has commenced.
Establishment of Forum – Achievements to Date � We aim for the establishment of an electronic records management system and PAIA compliance (all departments would have to electronically update their status and progress regarding requests). � We continuously provide a sounding board in relation to records management and PAIA compliance issues.
Establishment of Forum – Achievements to Date � Interaction with SAHRC’s Commissioners and PAIA Advocacy component of the SAHRC . � Arrange and facilitate ongoing training for KZN DIOs. � Arranged specialised training by Department of Justice on PAIA for DIOs. � Addressed Municipal Legal Forum. � Facilitated roll out and information on Archives Act, POPI and PAIA.
Establishment of Forum – Achievements to Date � Allocated R100000-00 by MEC –Arts and Culture for activities in 2012-2013. The Department has continues to provide funding for events. � Addressed the Risk Management Committee of OTP regarding separate component. Galvanised into action.
Establishment of Forum – Achievements to Date � Arranged meeting with senior staff of the Auditor General and agreement reached regarding audit compliance issues relating to Records Management and PAIA compliance. � Arranged various presentations on POPI. We are currently processing a POPI compliance tool, with the assistance of the Archival Platform and UCT for use by departments and municipalities.
Establishment of Forum – Achievements to Date � Electronic Records management assessment – meeting held with supplier, other experts and SITA. � Motivate for increase in level of Records Managers – process begun and head of job evaluation in the province is working on the matter .
Establishment of Forum – Achievements to Date � Met with Chairperson of the Mzunduzi Municipal Accounts Committee and got agreement to place PAIA and Records Management on agenda. � Addressed working committee regarding Records Management Policy formulation in terms of new KZN Archives and Records Service Act.
Founding Document � In the form of a Memorandum of Understanding. � Creates the Forum itself and provides for the election of a Coordinating Committee. � Describes the purpose of the Forum. Essentially to improve compliance and provide assistance. � Creates a working relationship between the Forum, SAHRC and ODAC.
Current projects � Arrange information sessions with HoDs and MUNIMEC. � Pursue compliance and improvement of Records Management. � Training of Municipal DIOs by SAHA. This is being facilitated by SALGA. � Presentations to SMS and HR conferences. � Development of POPI compliance tool.
Current projects continued � Create and strengthen partnerships with SAHRC, SAHA, SALGA, ODAC, AG’s Office, DoJ, Right 2 Know, the Archival Platform, the School of Transparency and, when in place, the Regulator in terms of POPI. � Develop 4 day PAIA course on the lines of 5 day course given by DoJ.
SOME IDEAS � Awards for exceptional performance by departments/municipalities. � Departments’/Municipalities’ Records Management and Access to Information to be part of Senior Managers’ KRAs. � Strategic alignments . � A Cabinet Resolution making compliance by all departments and municipalities compulsory.
Synergy and concluding remarks � KRMDIOF has and will continue to make a difference. Civil society needs to be informed and participate in its governance in order for democracy to flourish. In this way our country will be able to participate in a new world order where people come first and we all have the right to know. Proper records management and access to information are key-stones to this achievement.
THE END
Recommend
More recommend
