LEGISLATIVE & POLICY AGENDA FOR THE 4TH TERM OF LOCAL GOVERNMENT - PowerPoint PPT Presentation

LEGISLATIVE & POLICY AGENDA FOR THE 4TH TERM OF LOCAL GOVERNMENT 12 th NATIONAL MUNICIPAL MANAGERS FORUM 21 FEBRUARY 2018

OUTLINE OF PRESENTATION 1. Background 2. Legislative and policy agenda q Proposed amendments: § High-level overview of proposals to the structures and demarcation acts; 3. Update on progress and issues raised on regulations for senior managers (upper limits) 4. Management of competency assessment for senior managers 5. Support provided to amalgamated municipalities 6. Recommendations 2

1. BACKGROUND 3

BACKGROUND q Initially, amendments to the Local Government: Municipal Structures Act, 1998 (“MSA”) mostly related to proposals received from the IEC. q These proposals were informed by challenges that were experienced by the IEC during the administration and management of municipal elections. q Apart from the four general LGEs that were held, there have also been many by-elections during the terms, as follows: o 2000 - 60 by-elections; o 2006 - 54 by-elections; o 2011 - 741 by-elections; and o 2016 - 114 by-elections. 4

BACKGROUND q The “INITIAL” Bill (prior to publication for comments): § OCSLA provided pre-certification on 10 January 2016; § DPME provided pre-certification on 20 January 2016; § Presented to the G&A Cabinet Committee on 16 March 2016 seeking approval for submission to Parliament / publication for Comments; § Published for comments on 25 May 2016 in Government Gazette No. 40017 - § Comments received from: o SALGA, IEC, MDB; o Mpumalanga and Western Cape CoGTAs; o City of Cape Town, Ethekwini; Richtersveld; and o OUTA, University of Western Cape. § Workshop held with stakeholders on 24 June 2016 – need to expand the amendments to the MSA; and § Workshop held with stakeholders on 9 November 2016 to discuss further / expanded amendments to the MSA. 5

BACKGROUND q The “FINAL” Bill (after receiving comments / engagement with stakeholders): § Meeting of Legislative Forum on 15 December 2016. § A 2-day Technical Legislative Review Workshop was held on 2 and 3 March 2017: o Attended by DTA, NHTL, DRDLR, NT, DHA, DWS, DoJCD, OCSLA, DPME, IEC, MDB, SALGA, All Provinces, SAPS, SACN, StatsSA, DoT, DoTourism; and o 120 participants over the 2 days. OCSLA Pre-certification 30 June 2017 OCSLA Final Certification 12 July 2017 Presented to LG MinMEC 11 August 2017 DPME (SEIAS Certification for processing to Clusters) 22 August 2017 Presented to the G&A Working Session 21 September 2017 Presented to the G&A Cluster 5 October 2017 DPME (Final SEIAS) 13 October 2017 6

2. LEGISLATIVE AND POLICY AGENDA 7

PROPOSED AMENDMENTS: HIGH-LEVEL OVERVIEW (H-LO) 8

PROPOSED AMENDMENTS TO THE MSA: H-LO 1. 2. ELECTORAL MATTERS GOVERNANCE MATTERS § 14 day period to inform of vacancy § Abolition of plenary-type § Definition of “declared elected” municipality § Allocation of excessive seats § Use of geographical size to § Party lists – timeframes determine number of cllrs § Functions of Speakers § Office of the Whip; § MPACs § Quorums and decisions 3. OTHER MATTERS § Removal of reference to District Management Areas § Migrate Section 85(4) of the Structures Act § Migrate Items 2 to 5 of the Structures Act § Migrate Schedule 1 of the Systems Act to the MSA 9

PROPOSED AMENDMENTS TO THE MSA: H-LO q Electoral-related amendments to Sections 1, 22, 25, Schedule 1 – Items 16, 17, 18, 20, Schedule 2 – Item 10. q Governance-related amendments: Abolition of the Plenary-type municipality; o Deviate by more than 20% for determining number of Cllrs in o municipalities greater than 20 000 square kilometres; and Minimum of 15 Cllrs in a municipality (local). o 10

PROVISION PROPOSED AMENDMENTS Amend Section: 20 § Section 20 is amended by inserting a new 4A, as follows: D e t e r m i n a t i o n o f number of councillors “A deviation in terms of subsection (3) may be no more than 20% if the geographical size of the municipality is greater than 20 000 square kilometres, if less than 35 councillors have been determined for the municipality in terms of the formula.” § Northern Cape has requested that there be a minimum of 15 councillors in a municipality. COMMENTS § The main aim of this amendment is to deepen democracy by: (i) Addressing the geographical spatial patterns in a municipality by prescribing a minimum number of councillors, which will also result in municipalities have a minimum of 8 wards; (ii) deepen democracy in instances where fewer councillors have been determined in large municipalities – see next slide for affected municipalities (9); and (iii) See slides-after-next that indicate the 40 municipalities that will be affected by the minimum of 15 councillors in a municipality; and (iv) ensuring that in large areas, an MEC may deviate by 20% of the number of councillors determined by formulae that the Minister prescribes, after taking into account the budget and the category of a municipality (note the financial implications).

PROPOSED AMENDMENT TO SECTION 20 “NEW” AREA NO. OF CLLRS NO. LOCAL MUNICIPALITY CLLRS (SQ. KM) VOTERS (WARDS) (WARDS) 1. Dawid Kruiper (NC) 44,610.77 55,259 31 (16) 37 (19) 2. Hantam (NC) 39,493.63 12,986 9 (0) *10 (8) 3. Karoo Hoogland (NC) 30,445.55 6,981 7 (0) *8 (8) 4. Dr Beyers Naude (EC) 28,684.39 39,319 27 (14) 32 (16) 5. Kai !Garib (NC) 26,626.20 29,489 19 (10) 22 (11) 6. Kagisano/Molopo (NW) 23,871.47 51,273 29 (15) 34 (17) 7. Beaufort West (WC) 21,988.08 25,159 13 (7) 15 (8) 8. Ubuntu (NC) 20,447.32 9,356 7 (0) *8 (8) 9. Joe Morolong (NC) 20,246.34 50,926 29 (15) 34 (17) * Minimum of 15 Cllrs will apply - City of Johannesburg: 1,644 sq. km - Gauteng Province: 18,176 sq. km 12

PROPOSED AMENDMENT TO SECTION 20 REG. VOTERS NO. OF NO. OF # LOCAL MUNICIPALITY SQ. KM CLLRS WARDS 1. Karoo Hoogland 30,445.55 6,981 7 4 2. Ubuntu 20,447.32 9,356 7 4 3. Kareeberg 17,783.04 7,241 7 4 4. Khai-Ma 15,922.38 7,071 7 4 5. Kamiesberg 14,454.84 7,054 7 4 6. !Kheis 11,173.93 9,279 7 4 7. Richtersveld 9,826.29 7,219 7 4 8. Laingsburg 8,846.60 4,299 7 4 9. Prince Albert 8,188.31 6,877 7 4 10. Thembelihle 8,036.23 8,633 7 4 11 Renosterberg 5,533.13 6,075 7 4 12. Kannaland 4,794.42 13,667 7 4 13. Kgatelopele 2,483.16 9,136 7 4 14. Impendle 1,611.08 15,742 7 4 15. Tokologo 9,324.53 13,442 8 4 16. Hantam 39,493.63 12,986 9 5 17. Siyathemba 14,783.16 11,689 9 5 18. Mpofana 1,758.97 15,357 9 5 19. Magareng 1,546.96 11,923 9 5 20. Blue Crane Route 11,066.08 17,851 11 6 13 21. Letsemeng 9,829.88 18,973 11 6

23. Cederberg 8,116.37 23,268 11 6 24. Umsobomvu 6,813.92 14,434 11 6 25. Swellendam 3,866.14 17,124 11 6 26. Kou-Kamma 3,645.62 19,533 11 6 27. Emadlangeni 3,545.91 13,221 11 6 28. Cape Agulhas 3,502.81 18,672 11 6 29. Dipaleseng 2,644.45 20,917 12 6 30. Beaufort West 21,988.08 25,159 13 7 31. Tsantsabane 18,362.78 17,539 13 7 32. Siyancuma 16,793.08 19,086 13 7 33. Dikgatlong 7,323.77 22,344 13 7 34. Bergrivier 4,470.18 24,948 13 7 35. Gamagara 2,656.02 20,390 13 7 36. Great Kei 1,698.91 17,224 13 7 37. Endumeni 1,613.13 27,072 13 7 38. Bitou 993.76 25,873 13 7 39. Richmond 1,233.44 30,813 14 7 40. Mkhambathini 870.30 27,851 14 7 41. Kopanong 15,640.00 25,636 15 8 42. Emthanjeni 13,492.24 22,468 15 8 43. Matzikama 13,182.89 28,100 15 8 44. Phumelela 8,199.31 25,356 15 8 45. Tswelopele 6,520.73 25,045 15 8 46. Emakhazeni 4,743.27 26,529 15 8 14 47. Kgetlengrivier 3,969.96 21,015 15 8

PROPOSED AMENDMENTS TO THE MSA: H-LO q Governance-related amendments: When a Cllr is removed from office by an MEC, such Cllr may o only be eligible to stand as a candidate after two years; A person designated by the MEC must call a meeting when the o Speaker / Acting Speaker refuses to do so; Confirmation of Quorums; o Casting vote of a Presiding Cllr; o Strengthening the role of the Speaker; o Establishment of the Office of the Whip; and o Establishment of Oversight Committee (MPAC). o 15

PROVISION PROPOSED AMENDMENTS Section 30: § The proposed amendment confirms that the number to be Quorums and considered to determine the quorum in a meeting must be decisions the number of councillors as determined by the MEC in terms of section 12 of the Structures Act (the Section 12 Notice). § Reading-in of the words “ … other than a matter mentioned in section 160(2) of the Constitution,” in section 30(4) of MSA. COMMENTS This amendment is aimed at: § Confirming the number to be considered to determine the quorum and that the number must be the number of councillors as determined by the MEC when the municipality was established (in terms of section 12 of the MSA); § Further, in the matter before the Constitutional Court between the MEC for LG from the Western Cape Province (applicant) and the Minister (as one of four respondents), the Court confirmed on 18 August 2015 that the councillor presiding at a meeting may not have a casting vote when considering matters mentioned in section 160(2) of the Constitution. These matters are the: (a) Passing of by-laws; (b) Approval of budgets; (c) Imposition of rates and other taxes, levies and duties; and (d) Raising of loans. 16