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MUNICIPAL SYSTEMS BILL September 1999

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Page 1: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

MUNICIPAL SYSTEMS BILL

September 1999

Page 2: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

LEGISLATION

Municipal Demarcation Act, 1998 Municipal Structures Act, 1998 Municipal Systems Bill (1999) Property Rating Bill (1999) Public Finance Management (Local

Government) Bill (1999) Repeal of Local Government Legislation

Page 3: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

MUNICIPAL SYSTEMS BILL

Implements White Paper’s vision of developmental local government

integrates core municipal systems such as participation, development planning, performance management, public administration, service delivery, financing

Page 4: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

PLANNING

MONITORING AND

EVALUATION

RESOURCE ALLOCATION

ORGANISATIONAL CHANGE

CYCLE OF TRANSFORMATION

Page 5: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

NEW CONCEPT OF MUNICIPALITY

MUNICIPAL COUNCIL AND ADMINISTRATION

COMMUNITIES, RESIDENTS AND STAKEHOLDERS

Chapter 2

Page 6: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

PARTICIPATION IS BASIS FOR CORE SYSTEMS

INTEGRATEDDEVELOPMENT

PLANNING

BATHOPELE

PERFORMANCEMANAGEMENT

SERVICEDELIVERY

PUBLICPARTICIPATION

Chapter 3

Page 7: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

PUBLIC PARTICIPATION

Empowered citizens are the drivers of transformation– involve residents in determining priorities– enable residents to compare performance

with other municipalities and alternative service providers

– allow residents the choice of service provider– give residents forums to voice grievances

Chapter 3

Page 8: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

PUBLIC PARTICIPATION

Develop culture of participatory governance

establish mechanisms for feedback and participation

special provisions for disadvantaged inform residents of mechanisms build capacity to participate public admission to meetings

Chapter 3

Page 9: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

DEFINING EXECUTIVE AUTHORITY

REVENUERAISING

PLANNING &TARGETSETTING

MONITORING &ADMINISTRATION

DETERMINESERVICE

PROVIDER

EXECUTIVEPOWERS

Chapter 4

Page 10: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

COOPERATIVEGOVERNANCE

Municipalities must:– Integrate municipal legislative and

executive functions with national and provincial policies and programmes

– participate in organised local government Decentralisation coordinated through

Minister and MEC Prevention of unfunded mandates

Chapters 2 & 4

Page 11: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

DEVELOPMENT PLANNING 5 year planning cycle linked to term of office IDP provides framework for more detailed

sectoral plans must adopt plan within 1st year of council’s

term must adopt process for IDP within 2 months MEC monitors and facilitates integration

Chapter 5

Page 12: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

DEVELOPMENT PLANNING

VISION

FINANCIALPLAN

VISION

ANNUALPROJECTS

ANNUALBUDGET

INTEGRATED DEVELOPMENT

PLAN

25year strategy

5 year plan

1 year plan

Page 13: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

LINKING PLANNING TO PERFORMANCEPLANNING vision needs priorities objectives strategies spatial framework implementation plan financial plan

PERFORMANCE

MANAGEMENT indicators targets monitoring evaluation communication change

Chapter 6

Chapter 5

Page 14: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

REPORTING TO COMMUNITY

INTEGRATED DEVELOPMENT PLAN– sets priorities and

objectives of community as basis for performance indicators and targets

ANNUAL REPORT– analyses

performance of previous year

– audited financial statements

– sets targets for coming year

Chapter 6

Page 15: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

MONITORING & SUPERVISION Empowering Council and community Provincial monitoring linked to

municipality’s own performance system Minister to set minimum standards for

– service delivery– provincial supervision

Municipal targets must match minimum standards

Chapter 10

Page 16: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

IMPROVING PERFORMANCE Capacity building management reform technology alternative delivery mechanisms review IDP

Chapter 6

Page 17: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

BATHO PELE

Identify clients determine service establish current service level set target for service level determine ways to meet target monitor performance and review

Chapter 7

Page 18: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

PUBLIC ADMINISTRATION Culture of public service flexibilty and responsiveness efficient delegations performance contracts staff code & establishment capacity building & establishment code of conduct

Chapter 7

Page 19: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

SERVICE DELIVERY OPTIONS Internal Department Municipal business enterprise Service delivery agreement with:

– other municipalities– other organs of state– private companies– NGOs or CBOs

Chapter 8

Page 20: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

SERVICE AUTHORITY objectives & targets develop strategies determine providers financial framework tariff policy monitor & evaluate regulation

SERVICE PROVIDER operational plan performance service delivery revenue collection sustainability accountability

Chapter 8

Page 21: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

COMPETITIVE PROCUREMENT For all service delivery agreements with

persons other than municipalities Options

– prequalification and competitive bidding– competitive negotiation– solicitation of competing proposals– unsolicited proposals

Minister to regulate selection of process

Chapter 8

Page 22: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

MUNICIPAL SERVICE DISTRICTS Internal service districts Multi-jurisdictional service districts

– established by agreement between municipalities

– functional efficiency and economies of scale– governing body acts as service authority– agreement determines mechanism for

service provision

Chapter 8

Page 23: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

TARIFF POLICY

Equity access to basic services payment linked to consumption full economic cost & sustainability surcharges or levies local economic development conservation of scarce resources explicit subsidisation of poor

Chapter 8

Page 24: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

CREDIT CONTROL

Sound customer management proper metering & billing credit control policy provisions for indigent termination of services agreements with employers by-laws

Chapter 9

Page 25: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

LEGAL MATTERS

Notices certificates as evidence prosecution of offences fines & bail service of documents debt settlement before transfer

Chapter 11

Page 26: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

BY-LAWS

Legislative procedures subordinate legislation publication requirements standard draft by-laws municipal code

Chapter 4

Page 27: MUNICIPAL SYSTEMS BILL September 1999. LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999)

MUNICIPAL SYSTEMS BILL

September 1999