Presentation to NCOP Interventions Workshop Presentation to the Select Committee on Cooperative Governance and Traditional Affairs 15 February 2011 Presentation to NCOP Interventions Workshop Presenter: Hon Jihad Mohapi 23 November 2016

Presentation Outline Introduction and Background Objectives Guiding Interventions Nature of Intervention Challenges Current Practices Encountered by Committee Challenges Encountered by Committee Conclusion and Way forward

Introduction and Background Prominence was placed on interventions undertaken in terms of section 139(1)(b) of the Constitution. There are three instances where provinces can intervene in municipalities: Section 139(1) provides for general intervention in instances where a municipality fails to fulfil an executive obligation; Section 139(4) provides for instances where a municipality fails to approve a budget or any revenue raising mechanism as required by legislation; and Section 139(5) provides for intervention in instances where a municipality due to its financial affairs is unable to deliver services or meet its obligation.

Aims and Objectives Guiding Interventions Intervening in municipalities is an integral part of an institutional framework for developmental local government. It is a necessary corrective measure when a municipality fails to govern. It is an aspect of intergovernmental relations, and should be exercised in terms of Chapter 3 of the Constitution. It must be part of a broader supervision strategy comprising of Monitoring, Support and Intervening as a last resort. There should be a balance between the institutional integrity of LG on one hand, and the efficacy of interventions aimed at restoring service delivery on the other.

Nature of Intervention Challenges

Current Practices Encountered by Committee Procedures followed by intervening provinces differed extensively, some omitted the 139(1)(a) directive and were legally unsound and open to constitutional challenge. Constitution limits interventions to the non-fulfilment of an ‘executive obligation’ in terms of legislation or Constitution. The Committee applies the Provisions of Rule 255 i.e Investigate whether or not the Intervention is necessary Afford the Provincial Department, the Municipality and the Relevant Stakeholders to input. Make a determination and Report our Recommendations to the House Review and consider Termination Reports

Current Practices…continued The involvement of district municipalities in interventions (into local municipalities) seems to be a challenge. There is a need for greater participation on section 139 interventions by the South African Local Government Association (SALGA), and the Constitution envisages an important role for organized local government, with a unique focus on developmental service delivery. The absence of specific provisions in section 139 with regard to the Provincial Legislature’s oversight role seems to have led to the misguided conception that the Provincial Legislature hardly plays a role.

Challenges Encountered by Committee To effectively pursue the Committee’s oversight mandate with more vigour, integrity and proactiveness in supporting and monitoring local government: For the Committee to make a significant impact, more oversight time should be granted to the Committee in order to proactively prioritize, pursue and track issues on the ground, where delivery is happening. Verification cannot be done in Committee meetings, but where delivery is taking place. Follow-up visits to municipalities under administration to determine compliance with associated NCOP resolutions and feedback to relevant community stakeholders, are critical. Non availability of Sect 139(8) Regulations impact on the smooth processing of Interventions

Conti- Inability to do continuous investigations and Reviewal as outlined in terms of both Rule 255(6)and (7) due to tight Parliamentary Programme Limited participation by Stakeholders due to Pressing timelines for Oversight Identification of Participating Stakeholders Non visibility of both Salga and other MECs

Conclusion and Way forward Powers of intervention should be seen as a measure of last resort, where the problem cannot be resolved through ordinary intergovernmental processes. Oversight interventions in the different spheres of government will require improved co-ordination. According to the NCOP Strategic Plan, these interventions should be strategically initiated and co-ordinated. The Committee will continuously conduct meaningful consultation when it comes to interventions, with a view of promoting the principles of co-operative government and intergovernmental relations. There is a need for legislation envisaged in section 139(8) of the Constitution, to assist and provide provinces with uniform approach to the supervision of local government.

THANK YOU