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~ Department: 1 Local Government & Human Settlemenls

North West Provincial Government REPUBLIC OF SOUTH AFRICA

27 June 2018

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~To-NTENTS OF PRESENTA-T-I.0

1. PURPOSE 2. BACKGROUND

3. INSTITUTIONAL CAPACITY 4. CO-OPERATIVE GOVERNANCE 5. STATE OF MUNICIPALITIES AND SUPPORT

PROVIDED: 2015/16-2017 /18 6. SECTION 100(1)(a) INTERVENTION PLAN

7. PRORESS TO DATE 8.1 ·_,RECOMMENDATIONS

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PURPOSE

• To provide the NCOP ADHOC Committee the report on the state of the department and how we are implementing our constitutional obligation in terms of monitoring and supporting municipalities in the Province;

• Also to share with the committee the Section 100 Intervention Plan as a response to the Directive issued by the Minister of CoGTA.

• And finally, to share with the committee progress to date;

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• Cabinet has resolved to invoke section 100 l(a) in the Provincial Department of Local Government and Human Settlements after an assessment was conducted by the IMTT.

• The overall finding of the assessment by the IMTT was that the department is unable to support municipalities as required to do in terms of the Constitution due to amongst others the following:

D Failure to finalise the appropriate approved organogram D Due to this failure and lack of human capacity to support

municipalities, majority of the municipalities in the province are if;l-"_dire straits and state of collapse.

·- Subseqaent to the invocation of section 100 (l)(a) of the Constitution, the Minister of CoGTA issued specific directives for immediate imi:?r~ mentation by the De:;artment.

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• Furthermore the IMTT identified and agreed municipalities that require immediate intervention institutional support through a joint and coordinated involving CoGTA, MISA, DWS, NT, DLGHS and PT.

• The 12 priority municipalities are the following: 1. Ditsobotla LM

2. Mamusa LM

3. Tswaing LM

4. Lekwa Teemane LM

5. Naledi LM

6. Maquassi Hills LM

7. Ngaka Modiri Molema DM

8. Mahikeng LM

9. Ramotshere Moiloa LM

10. Madibeng LM

11. Kgetlengrivier LM 1 ? Rni;=en;=ela nM

Governance: focusing on amongst others-Audit Outcome; UIFW, internal control and oversight environment; filling of critical senior management positions; implementation of forensic reports; strengthening of political and administrative interface; quality of political leadership and institutionalization of Code of Conduct (Cllrs and Officials)

2. Service delivery: Infrastructure planning, delivery and implementation; priority action plans for WSA 's to address operational vulnerability; resolving roles and responsibilities between DM and LM 's with respect to water and sanitation function; Intervention to accelerate MIG

3. Finanoial Management: Focusing on budget management, cash-flow controls, debtor management, revenue enhancement and 1evelopment of final{ ~ial recovery plans.

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-• • The Current Organisational Structure caters for tf-ie l:ocal Government function consists within the two (2) Chief­Directorates, namely Local Governance; and Development and Planning consisting of 68 positions, with 23 of these posit ions vacant and 45 filled;

• The analysis conducted indicates that centralising the entire function at Head-Office presents the Department with a number of challenges which impact on its capacity to effectively monitor and support municipalities;

• The departmental capacity constraints are compounded by the lack of local government support funding, the only funding the programme receives is for Disaster Management and Provincial Infrastructure Grant. As for other support, we

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rely on goods and services which is for operational costs.

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=::~~~=;'' INSTITUTIONAb-=CAP-A RlPVM.IC: OI SOUIH Al lllCA

' • • To address the constraints mentioned, we haYe=develo~ed a Proposed Organisational Structure for the Local Government function, in line with the Strategy of the Department, decentralises this function to the four ( 4) District Offices in the Province;

• The Proposed Organisational Structure will continue to cater for the Local Government function within the two (2) Chief­Directorates, namely Local Governance; and Development and Planning consisting of 81 positions;

• The Chief Directors and Directors (SMS) will remain at Head­Office to provide Strategic Leadership and take overall responsibility for the functions being implemented, while at an operational level, the Deputy Directors and their support staff wi 11 be reloc'""-2ed to the District Ofi~- :es. s

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i . •. ..,, .! ~~~~NSTITUTIONAL CAPACITY ••• (3)~~ • This will enable the Department to operate closer to its

customers, i.e. the Municipalities as well as to have a team of dedicated employees carrying out the function focusing on all four (4) districts in the Province, at all times.

• Each district will have a dedicated team supporting and monitoring it at all times. This is expected to improve the performance of Municipalities in their role of providing Basic Services to communities in the North-West Province.

• Over and above this, we are in consultation with EXCO and Provincial Treasury to allocate funding in the MTSF for local government support.

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~ ~~hs CO-OP;E·RATIVE-GOVEI ~

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• There are IGR structures established across the- tnreeSpheres of government in which local government matters finds expression and the MEC participate actively as a member and others perform oversight and support;

• These structures are MINMEC and Premier's Coordinating Council- which includes Mayors and Executive Mayors as members of the fora; AND The two structures meets on a quarterly basis;

• There are also District IGR structures established which are at different levels functionality. The MEC has intervened in both Ngaka:·(Modiri Molema District and Dr Ruth Segotmotsi Mompati District to strengthen and improve functionality of the IGR Structures;

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• There are also IGR engagements platforms established by the MEC which meet on a quarterly basis and as and when the need arises.

• And these platforms provides the MEC to engage and provides political leadership with: Mayors; Speakers; MMC' s(Finance, Cooperate Services and Infrastructure);

• To date these platforms has been used to engage on Audit Outcomes and Financial Management; Filling of Senior Management and wage bill; Infrastructure Planning and Exper.lditure Management of Conditional Grants; Rules of Order, Conduct of Councillors and Public Participation.

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AT~EHOF MUNICIPALITIES AN:o::s PROVIDED:2015/16-2017/18

STATUS QUO SUPPORT /INTERVENTION _________ __j ....__ PILLAR 1: PUTTING PEOPLE AND THEIR CONCERS FIRST ... (1)

• Newly •Workshop was held to guide Mayors and established ward Speakers on establishment and operations of committees with ward committees. little capacity •Department attended selected ward • Lack of committee establishment sessions by awareness of role municipalities for coordination and monitoring. and •Conducted induction workshops for new post responsibilities. 2016 elections ward committee members.

•Conducted workshops to support officials in Speaker's Offices to strengthen functionality of ward committees.

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ATETHAOF MUNICIPALITIES ANB s PROVIOE0~2015/16-2017/18

STATUS QUO SUPPORT /INTERVENTION ~-·

PILLAR 1: PUTTING PEOPLE AND THEIR CONCERS FIRST •.. (2)

•Newly appointed and inexperienced public participation officials in Speaker's Offices • Poor functionality of ward committees • Failure to roll-out Batho Pele Frame Work in municipalities since 2014

•Assisted to compile registers of community concerns and responsiveness thereto towards the development of Ward Level Improvement Plans as well as the development of Ward Committee Operational Plans through workshops. •Conducted accredited training and workshops on Minutes taking, Report Writing and Records Management including Gender Policy Framework. •Workshoped officials on the roll-out of Batho Pele Framework in municipalities including the development of draft Batho Pele Policies and Service Delivery Chatter: as well as coordination of Complaints Handling Systems

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STATUS QUO SUPPORT /INTERVENTION . ---~-j ...___ PILLAR 2: DELIVERING OF BASIC SERVICES ... (1)

•Generally unsatisfactory •District Wide planning sessions were MIG performance which conducted to assist municipalities to leads to the loss of improve expenditure on MIG. funding for Infrastructure • Workshop together with CoGTA were delivery; held to empower Municipalities on •Lack of forward planning Policy issues, conditions, frameworks, for infrastructure Sector departments Norms and programmes, associated Standards, best practices, with slow procurement expectations and targets for the next processes and capacity of financial years. service providers to •Appraisal sessions were held on deliver projects within quarterly basis for registration of schedule: t oroiects (

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2015/16-2017/18 STATUS QUO SUPPORT /INTERVENTION

PILLAR 2: DELIVERING OF BASIC SERVICES ... (2)

•Insignificant impact •Monthly District engagements with of PMU Capacity on Municipalities were held on regular basis Project Planning, without fail. Preparations and • In terms of monitoring of projects, a Implementation of schedule of site visit is prepared yearly and infrastructure followed on monthly basis. Projects are programmes. selected randomly by the MIG unit for •Aged water and inspection with National and Sector sanitation Departments invited infrastructure • Funding of Water and Sanitation Projects

through Provincial Infrastructure Grant

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AT°'i:'"AJOF MUNICIPALITIES AND=S PROVIDED~2015/16-2017/18

STATUS QUO

• Negative Audit Outcomes

• Weak oversight by Council Oversight Committees including MPACS

• Oversight Reports Backlogs

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PILLAR 3: GOOD GOVERNANCE

•Capacitated MPACs on their roles and responsibilities and how to conduct oversight on the annual report •Provided workshop/training on Section 32/Circular 68 processes •One-on-one engagement to capacitate and support MPACs through Forums •Assisted affected municipalities with draft Oversight Reports •One-on-one engagement to check readiness for compiling Oversight Reports •Guided MPACs on issues to be considered when compiling the Oversight Reports and what to check in the Annual Reports• Conducted one-on-one engagement on how to comoile oversight reports (unlocking backlogs) and to r h ,::lrk" ~-Arlin,::lC::C:: nf n\/~rc::inht r,::ln /.. re:

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Af~E'"A()f MUNICIPALITIES AND S PROVIDED:2015/16-2017/18

STATUS QUO SUPPORT /INTERVENTION PILLAR 4: SOUND FINANCIAL MANAGEMENT ••• (1)

•Low collection rate due to non­payment of municipal services •Debtors books increasing due to inaccurate and reliable consumer information •Inaccurate billing due to old infrastructure metering, lack of metering in some areas •High Eskom and Water Board debt due to cash flow problems. •Municipalities failing to adhere to payment plans

·dlg&hs together with FEED established solutions to resolve outstanding government debts. •Encouraged the implementation of rates and taxes payment campaign. •dlg&hs together with FEED addressed non-payment of overdue Eskom accounts through:--crafting payment arrangements plans to manage Eskom account -developing credible catch -up plans in line with their affordability to keep up with payment plans

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AT~EIHMOF MUNICIPALITIES AND:S, PROVIDED:2015/ 16-2017/ 18

STATUS QUO PILLAR 4: SOUND FINANCIAL MANAGEMENT ... (2)

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•Low collection rate due to non­payment of municipal services •Debtors books increasing due to inaccurate and reliable consumer information •Inaccurate billing due to old infrastructure metering, lack of metering in some areas •High Eskom and Water Board debt due to cash flow problems. •Municipalities failing to adhere to payment plans

One-on-one engagement with municipalities on assessment of credit control and debt collection policies in line with the Cogta framework •NCoGTA together with dlg&hs initiated the revenue enhancement project, three municipalities were supported i.e. Naledi, Ditsobotla and Moses Kotane on the review of simplified revenue model, Implementation planning, Data Analysis, As Is Assessment, Development of an Improvement Plan, Implementation of the Plan

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AT~ElH~OF MUNICIPALITIES ANE> S PROVIDED~2015/16-2017/18

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STATUS QUO SUPPORT /INTERVENTION _:__~

PILLAR 5: BUILDING CAPABLE INSTITUTIONS •.. (1)

• High Level Vacancy • MEC seconded municipal managers and of Senior other experts to assist municipalities with Management vacancies. Positions • Departmental officials participated in the

• Non-Compliance to shortlistings and interviews of candidates in MSA and Regulations municipalities. on appointment of •Workshops held to empower officials and Senior Managers councillors on diligent implementation of

• Functionality of Local MSA Regulations. Labour Forum which • One-one-one sessions held to assist impact on the officials to compile compliant appointment administrative reports of senior managers. stabilitv and service • Promoted PMS and M&E imolementation

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ATE"MOF MUNICIPALITIES ANe~s PROVIOE0~2015/16-2017/18 -- . -- - - - -

STATUS QUO SUPPORT /INTERVENTION ;; __ -~ '-j~~ - - ...___ -------------=----

PILLAR 5: BUILDING CAPABLE ·INSTITUTIONS •.. (2) --------• Organisational •Conducted training through accredited

structures not service providers in respect of aligned to current governance, management and technical. IDP priorities • Conducted workshops and one-on-one

• Inadequate capacity sessions to revive and/or improve the to dispose of functionality of Local Labour Forums. disciplinary cases • Conducted workshops and one-on-one and litigations sessions to assist municipalities review

their organisational structures on request. •Conducted accredited training on Oversight on Disciplinary Proceedings for

, MMC's for corporatr services . .---~-~-~----- - -----~-------'

SECTION 100(1)(a) INTERVENTION PtAN PROBLEM STATEMENT

PROPOSED INTERVENTION

COST TIM ELIN ES

INSTITUTIONAL CAPACITY- PROVINCIAL DLGHS ..• (1)

The department !.Finalisation the R296 million 30/ 11/ 2018 has been organisational for 2017 /18 operating on an structure to be in line financial year. Interim structure with generic structure not aligned to the generic structure approved by MinMEC since its establishment and the situation is adversely affecting its capacity to deliver on its constitutional mandate

2.Funding for gap on proposed structure for 2018/19

3. Recruitment, selection and appointment process on approved structure

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SECTION 100(1)(a) INTERVENTIO·N~PtAN PROBLEM STATEMENT

PROPOSED INTERVENTION

COST I I I a I I a I:. § _k(t

INSTITUTIONAL CAPACITY- PROVINCIAL DLGHS ••• (2)

Inadequate l.Monitoring and R296 million 30/ 11/ 2018 DLGHS oversight systems and for 2017/18 Institutional processes financial year. Capacity

2.Programme Funding for municipal support and interventions

Silo and 1.Strengthen District OPEX Approach uncoordinated

approach support municipalities

to Model/Service Delivery Model 2. Implement a joint programme at 12 prior;~, municipalities.

31/ 12 /2018

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SECTION 100(1)(a) INTERVENTION Pl:AN PROBLEM STATEMENT

PROPOSED INTERVENTION

COST TIME LINES

GOVERNANCE AND ADMINISTRATION-MUNICIPAL LEVEL ••• (1)

Poor Improve functionality of R 300 31/ 12 /2018 functionality and ward committees 000.00 effectiveness of Ward committees

Ineffective MPAC & other Oversight structures to deal with Unauthorised, Irregular, Fruitless & Wasteful expenditure

!.Capacitate oversight structures on how to deal with UIF&W expenditure, as prescribed in MFMA Sec 32 and Circular 68

2. Capacitate MPACS and Municipal Officials to deal oversight processes on Annual Reoorts.

31/ 09/ 2018

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SECTION 100(1 )(a) INTERVENTION-Pl:AN PROBLEM STATEMENT

PROPOSED INTERVENTION

COST - . .. -- ~~-=~!

TIMELINESz.~.:'~ . ?:;;;:::: ') .. -'i .- '~

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GOVERNANCE AND ADMINISTRATION-MUNICIPAL LEVEL ••• (2)

Failure by Support municipalities OPEX 30/ 08/ 2018 municipalities to to comply with MSA comply _with M~A regulations on the Regulations. in appointment and terms of filhng of d·t· of senior con 1 ions management employment of vacant posts officials

Municipal organisational structures not aligned to grading and mandate

Review organisational structures.

of OPEX 31/ 12 /2018

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SECTION 100(1)(a) INTERVENTION Pl:AN PROBLEM STATEMENT

PROPOSED INTERVENTION

COST TIMELINES I

SERVICE DELIVERY-MUNICIPAL LEVEL ••• (1)

Poor Management provision Water Sanitation Services

Clarify roles and OPEX 31/ 07/ 2018 of responsibilities between of Water Services Authorities

and (WSA) and Water Services

Lack of Operation and Maintenance Plans

Provider (WSP)

1. Development of WSDP R 55 m 2. Development of water and sanitation reliability master plans 3.Improved enforcement of compliance for water service 4. Funded operations and maintenance plans

30/ 03 /2019

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SECTION 100(1)(a) INTERVENTIO·N~PtAN PROBLEM STATEMENT

PROPOSED INTERVENTION

COST TIM.ELINES-~~~ • - ~-:·.- - - - '_i.~

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SERVICE DELIVERY-MUNICIPAL LEVEL ••• {2)

Inadequate Capacity in and waste treatment controllers

Qualified water and waste OPEX 31/ 12/ 2018 water water treatment plants water controllers plants

Municipalities are failing to plan , implement and monitor projects

Political interference during project implementation and delays in supply chain management

Improve municipal planning, OPEX implementation and monitoring of service delivery projects

!.Political intervention to OPEX avoid grant stoppages 2.Development and Implementation of operation an[ maintenance plans (

30/ 12 /2018

30/ 12 /2018

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SECTION 100(1)(a) INTERVENTION Pl:AN PROBLEM STATEMENT

PROPOSED INTERVENTION COST TIM ELIN ES

FINANCIAL MANAGEMENT-MUNICIPAL LEVEL ••• (1)

Municipalities Placement of Technical advisors R 20 31/ 12/ 2018 failure to implement on a district shared services to m credible Audit provide technical accounting and Action plan reporting support, monitor and resulting in repeat report the implementation findings

progress

Poor quality AFS Provide support to municipalities submitted to AG to improve the quality of the resulting in poor annual financial statements audit outcome

Poor and ineffective Improve internal control internal control environment environment

30/ 12 /2018

30/ 12 /2018

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SECTION 100(1)(a) INTERVENTl'ON ·P'lAN PROBLEM STATEMENT

PROPOSED INTERVENTION COST ~l.:A.,t..,.

FINANCIAL MANAGEMENT-MUNICIPAL LEVEL ••• (2)

Poor and ineffective internal control environment

Inadequate and poor assets management practises resulting in poor maintenance of revenue generating assets.

Non implementation of credible Audit action plans

Improve internal control environment by Assist municipality to develop a tool to monitor monthly implementation of internal controls weakness identified by AG

1. Provide support to municipalities to update and maintain GRAP complaint asset register 2.Provide support to municipalities to develop and implement asset management plans

1. Provide technical support to municipalities to compile MSCOA corr:>liant AFS , ., o ... "' ,;~" h~in~r "in ,... lr"\r"\"11" .... "

R 20 m 31/ 12/ 2018

30/ 12 /2018

30/ 12 /2018

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SECTION 100(1)(a) INTERVENTION Pl:AN PROBLEM STATEMENT

PROPOSED INTERVENTION

COST TIM ELIN ES I

FINANCIAL MANAGEMENT-MUNICIPAL LEVEL ••• (3)

Inadequate revenue Provide support to R 9 m 31/ 12/ 2018 management municipalities to improve systems and revenue management value performance to chain improve revenue collection.

Increasing municipal creditors accounts due to failure to honour payment agreements

Settlement of Eskom debt R 873m for 12 priority municipalities

30/ 12 /2018

~ dlg&hs SECTI0.1'! 1.0Qf1-)_(~J.INTE. ~ ~~~" PROGRESS T00~(1."- _

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1. Failure to an organizational structure for the last 4 financial years

• Draft Organisational Structure developed and consulted with Office of the Premier(OOP);

• Currently incorporating inputs received from OOP;

2. Failure to monitor and support municipalities in terms of section 154 of the constitution and section 31 and 105 of the local Government: Municipal Systems Act, 2000 • Supported municipalities with the development of

Institutional Recovery Plans • . Development a draft Section 100 Intervention Plan- the plan

includes proposed interventions in the 12 distressed municipalities and building departmental capacity to improve its support and IT ,nitoring responsibilit=~s

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• ~~~~-c:~~~:::~~ga~~~ ... {2 al 2. Failure to monitor and support municipalit ies in terms of section 154 of the constitution and section 31 and 105 of the local Government : Municipal Systems Act, 2000

•The proposed intervention/support plan for the distressed

municipalities is aligned to three key areas- Governance; Service

Delivery and Financial Management;

•The plan response to municipal challenges identified in . the

Minister's Directive (Failure to support and monitor development of audit

plans/ Failure to support municipalities to develop revenue enhancement plan/

Failure to support municipalities in terms of provision of municipal basic

services such as water services/ Failure to support municipalities to plan and

spend government grants such as INEP, MIG, RBIG and etc

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3. Failure to monitor appointment of alJpointment of senior managers and Failure to deal with municipalities with bloated organisational structures • The MEC issued a Section 139 (l)(a) of the Constitution

Directive which directs municipalities to amongst others do the following:

D Finalise and adopt Municipal Recovery Plan D Conclude recruitment and filling of senior managers by not later

than 31 July 2018

D Submit a report on the status of organisational structure for assessment and review/alignment with the mandate and

gradi_ng of the municipality •- It shou.ld be noted that all the work to date, was done in

consultation with CoGTA; National Treasury; MISA; DWS and Provincial Treasury1

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7 INTERVENTIONS IDENTIFIED

1. Preparation of the 2018/19 and 2019/20 business plan

2. Multi-year human settlements development plan

3. Appoint suitably qualified contractors

4. Performance of appointed contractors - contract management

5. Management of programmes and project performance

6. Beneficiary management and Outreach Community Programmes

7. Reposition of the department to become fit for purpose

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• Implementation plan developed that looks into the 7

interventions identified and has deadlines

• Formulated a joint steering committee

• Work streams are established

• Appointment of coordinators by the National Department Of Human Settlements is in process

• There is a need for an engagement between the 2

DGs of COGTA &Human Settlements to synergise

• M-OA as to be signed between DG and HOD

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The report is presented for consideration of the NCOP ADHOC Committee

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