Presentation: Portfolio Committee: 9 May 2000

Systems Bill: General n The Bill is very dependent on municipal administrative and financial capacity and yet this is one of our present weaknesses n The Bill does not generally deal with councillor participation and empowerment and the empowerment of communities who are not elites n The Bill does not address whether or not there should be national guidelines on who produces the IDPs, formats, etc.

Systems Bill: General (cont.) n The Bill does not adequately address what happens if IDPs and Performance Management are not properly dealt with. n What is the difference between IDPs for Category C versus Category B municipalities? n Chapter 8: Is this not too prescriptive and/or requires a high level of expertise to make such evaluations

Systems Bill: Specifics n 4 – Is it only residents and ratepayers but are there not users of services who are not residents or ratepayers? n 4(2) Is this not too prescriptive? What is meant by financially and environmentally sustainable? n 13 – What happens if legislation has (already) assigned functions for which finance has not necessarily been provided (such as Passenger Transport in MSA?)

Systems Bill: Specifics n 22: How are major state, provincial and private sector plans brought into the process? n 22(2): Should be section 26. n 32(1): What is meant by “binds all persons”? n 53(1): Does this happen for national and provincial government? n 67(2): © and (d) – put in “be”. Who measures these?

Rationalisation n There are likely to be: n 6 (A Category) Metropolitan areas n 46 (C category) District Municipalities n 232 (B category) Local Municipalities n District Management Areas in 14 of the District Councils.

Cross Boundary Municipalities n During week of 21 February Board finalised all boundaries n Except for KwaZulu-Natal, I have been informed that all affected provincial legislatures have passed/will pass resolutions. n Work on National Act and provincial agreements will then continue. Generally, the limited option will be selected which is simply that in matters of local government the MECs will concur. The whole question of provincial agreements requires further research as to its implications.

District Management Areas n Deserts and semi-desert areas n State-managed conservation areas n Special Economic Areas n On the question of Traditional Authority areas: (I) DMAs would take control away from communities, (ii) would lead to dysfunctional Category B’s, (iii) would be impossible to manage in most traditional areas.

Assessment of Capacity n Assessments completed n Working documents have been provided to MECs from 28 March 2000 n Detailed assessments to be available from 12 May 2000 n Board providing capacity to provincial Steering Committees

Coordinating Committee n Powers and Functions: Board’s framework available for comment and inputs n Finances n Section 12, Legal Issues and Transitional mechanisms

Powers and Functions

Powers and Functions Section 84(1) - MSA n Integrated development planning for the district n Bulk supply of water n Bulk supply of electricity n Bulk sewage purification works and main sewage disposal n Solid waste disposal sites n Municipal roads (District) n Regulation of passenger transport services. n Municipal airports n Municipal health services n Fire fighting services n Fresh produce markets and abattoirs n Cemeteries and crematoria n Local tourism n Municipal public works n The receipt, allocation and, if applicable, the distribution of grants n The imposition and collection of taxes, levies and duties

Powers and Functions Schedule 4 Part B n Air pollution n Building regulations n Child care facilities n Electricity and gas reticulation n Fire fighting services n Local tourism n Municipal airports n Municipal planning n Municipal health service n Municipal public transport n Municipal public works n Pontoons, ferries, jetties ETC n Storm water management n Trading regulations n Water and sanitation services

Powers and Functions Schedule 5 Part B n Beaches and amusement facilities n Billboards /advertisements in public places n Cemeteries etc n Cleansing n Control of public nuisances n Liquor Control n Animals n Fencing and fences n Licensing of dogs n Licensing etc for the selling food to the public n Local amenities n Local sport facilities n Markets n Municipal abattoirs n Municipal parks and recreation n Municipal roads n Noise pollution n Pounds n Public places n Refuse removal, refuse dumps etc n Street trading n Street lighting n Traffic and parking

Section 12 Notices n National Steering Committee working well n Programme of action has been prepared for 14(5) committees n Draft Section 12 notices have been provided for comment n MDB, PLG and Finance are working together on a number of municipal finance matters. In addition, Board has held bi-laterals with banks and DBSA and is also looking at the electricity sector.

Wards: Registration and Split VDs n At the cut-off date of March 31 (used to work out the number of councillors and determining wards) some 18.3 million people were on the Voters Roll. n The MDB and IEC are aligning boundaries and sorting out the split Voting Districts. n Are a few problems with cadastre and aligning boundaries, but technical teams are working through the problem areas.

Wards: Process to date n Legislation requires the Board to publish its ward determinations and then invite objections for 14 days after which final determinations must be made. n Board decided on a broader public process: n 1. Comment during March received on possible wards n 2. Minister and MECs were supposed to publish councillor formulae by 2 April 2000, but national formula only published 7 April and MECs only published their determinations in early May. This affected the process agreed to by the Board.

Ward process (cont.) n 3. Ward hearings held primarily to inform the public about the process and provide an example of how the VDs could be arranged. However, for logistic and other reasons only 192 hearings took place successfully and 46 were either poor held or did not take place. n 4. Board has decided to re-arrange hearings where they did not occur. n 5. Board is publishing the determinations and/or proposals in areas where outer boundaries not finalised. Presently there are 7439 councillors in the Category A and B municipalities and 3753 wards which have been finalised.

PROCESS n Still on track: n Final boundaries have been published, although some are being modified n Ward delimitation to be finalised by end of May 2000 n Government service delivery alignments to commence