1 Government Immovable Asset Management Bill [GIAMA] National Council of Provinces Select Committee on Public Services Parliament, 09 May 2007

2 Content 1.Introduction 2.The need for GIAMA 3.Legal framework of GIAMA 4.Consultation 5.Scope of application of GIAMA 6.Objectives of GIAMA 7.Principles of Immovable Asset Management 8.Guidelines & Requirements 9.Responsibilities of Users 10.Responsibilities of Custodians 11.Immovable Asset Management Plans 12.Norms and Standards 13.Current position

3 1. Introduction This presentation aims at highlighting the objectives, principles and roles & responsibilities pertaining to the draft legislation to govern the life-cycle management of immovable assets in the National & Provincial spheres of Government, as embodied in the Government Immovable Asset Management Bill.

4 2. Need for Government Immovable Asset Management Act (GIAMA)  Government is confronted with service delivery needs which must be matched with the efficient and effective use of all resources, including immovable assets.  Government’s extensive and diversified immovable assets have a significant impact on the overall macro-economic, socio-political & physical landscape.  Decisions on immovable assets have long-term implications and should be based on the full impact of costs over the expected lifespan of such assets.  It is therefore imperative that Government’s immovable assets be managed in a uniform, efficient, effective and accountable manner.

5 3. Legal framework of GIAMA  The Constitution mandates the National Government to pass legislation for all spheres of government if the purpose is to establish uniformity and to set minimum norms and standards with regard to service delivery.  In 2003, Cabinet mandated the Minister of Public Works to develop a policy framework to govern immovable asset management throughout Government and to implement that policy by means of legislation.  In 2005, Cabinet approved the Government-wide Immovable Asset Management Policy and the introduction of legislation.  The Government Immovable Asset Management Bill [B1-2006] was tabled in Parliament in Feb  In March 2007, the Bill was adopted by the National Assembly.

6 4. Consultation  DPW has consulted with all National and Provincial Departments on the GIAMA policy and their comments have been incorporated in the Bill.  In particular, DPW continually consults with National Treasury to ensure consistency with the Public Finance Management Act (PFMA) and its regulations, as well as National Treasury’s Asset Management Guideline.  DPW has consulted extensively with the dplg regarding the extension of the principles and objectives of GIAMA to local governments, through the development of a regulatory framework in terms of existing legislation.

7 5. Scope of application of GIAMA  The Government Immovable Asset Management Bill [B1-2006] is applicable to national and provincial departments only.  It is the intention to extend the objectives of GIAMA throughout Government (without disturbing existing mandates or the roles and responsibilities of government entities).  In order to achieve the objectives of GIAMA at municipal level, DPW is assisting the Department of Provincial & Local Government (the dplg) to develop the regulatory framework to govern immovable asset management in local government, in terms of existing legislation (Local Government: Municipal Systems Act, 2000 and Municipal Finance Management Act, 2003).  Given the varying levels of autonomy of Public Entities, extensive consultation is required before legislation applicable to such organs of State can be finalised.

8 6. Objectives of GIAMA GIAMA will make it incumbent on national & provincial departments to promote Government’s service delivery objectives through the sound management of immovable assets they use or control. The objectives of the legislation are to -  Provide a uniform immovable asset management framework to promote accountability & transparency.  Ensure effective immovable asset management within departments.  Ensure alignment of the use of immovable assets with the service delivery objectives of departments, to ensure the efficient utilisation of such assets.  Minimize the cost of immovable assets allocated to departments.  Enable the submission of better quality information regarding immovable asset related needs into the budgeting process, which in turn will result in improved budgeting for capital works, maintenance and operating costs.

9 7. Principles of Immovable Asset Management 1)IAM must comply with existing legislation (e.g. PFMA, Occupational Health and Safety Act & sector specific legislation); government policies (e.g. Batho Pele & access for disabled persons to public buildings) and regulations (e.g. National Building Regulations) 2)Strategic planning and management of immovable assets are key corporate activities and need to be considered together with other strategic planning (e.g. human resources & information technology). 3)Immovable assets should exist to support the service delivery objectives of the organ of state. 4)Immovable assets with strategic importance to Government should not be disposed of. The management of immovable assets as defined in GIAMA must comply with the following principles of immovable asset management:

10 Principles of Immovable Asset Management (Continued) 5)Required resources must be allocated to optimise utilisation of and expenditure on immovable assets. 6)Before deciding to acquire new assets, organs of state must consider all relevant factors including non-asset solutions, full life-cycle costing, risk analysis and the optimal use of existing assets. 7)In asset management decisions, organs of state should take into account the preservation of heritage, cultural & environmental values. 8)Immovable asset management decisions should meet the needs of the present without compromising the needs of future generations. 9)Immovable asset management must be aimed at the improvement of health and safety in the working environment. 10)Immovable asset management must be aimed at reducing the overall cost of service delivery through the optimal allocation of resources.

11 8. Guidelines & Requirements The proposed legislation will empower the Minister of Public Works to determine immovable asset management guidelines and minimum requirements that will - a)complement general asset management guidelines issued by National Treasury in terms of the PFMA; b)provide a framework for the management of immovable assets throughout their life-cycle, encompassing –  Strategic planning;  Acquisition;  Maintenance & management; and  Disposal.

12 Guidelines & Requirements Continued) c)address the minimum content, format and processes required to compile immovable asset management plans; d)provide a planning framework for custodians to implement a portfolio management function; e)provide a framework to facilitate benchmarking, condition assessment and performance measurement of immovable assets; and f)prescribe the critical information required to manage immovable assets.

13 9. Responsibilities of Users A user of immovable assets utilises such assets to give best effect to its functions in pursuit of its service delivery objectives. A user must therefore produce a user asset management plan (U-AMP) to ensure -  accountable, fair and transparent utilisation of immovable assets;  effective, efficient and economic use of immovable assets;  reduced overall cost of service delivery;  reduced demand for new immovable assets.

Responsibilities of Custodians Custodians are responsible for the efficient & effective management of immovable assets throughout their life-cycle and therefore must produce a custodian asset management plan (C-AMP) to ensure that immovable assets are:  provided in a transparent & cost effective manner to meet the service delivery requirements of users;  maintained in the state in which they would optimally support service delivery objectives, including refurbishment at regular service-life intervals;  assessed in relation to performance, suitability, condition and the effect that the condition of an asset has on service delivery ability; and  dealt with in the manner which the assessments indicate relevant to each asset’s life cycle, including renewal at the end of its current economic-life or release for socio-economic purposes.

Immovable Asset Management Plans  All national and provincial departments will be required to annually compile an Asset Management Plan (AMP) that will form part of Government’s strategic planning & budgeting processes.  A department responsible for custodial functions in respect of immovable assets will compile a Custodian AMP (C-AMP) that must cover all the immovable assets (State-owned and leased) that such custodian controls or intends to control.  A user of immovable assets will compile a User AMP (U-AMP) that must cover all the immovable assets (State-owned and leased) that such department uses or intends to use.  Custodians and users of immovable assets should jointly conduct the annual strategic planning process. Custodians must assist users by availing information pertaining to the performance of immovable assets allocated to such users.

16 Immovable Asset Management Plans (Continued)  All AMPs must be submitted to the relevant Treasury annually (on a date to be determined by that Treasury).  AMPs will inform the annual budgetary process and must be revised once budget allocations are finalised by National Treasury.  Revised AMPs must be included in the annual strategic plans of national and provincial departments and will therefore be presented to Parliament & Provincial Legislatures respectively.

17 June to August Custodian assesses U-AMPs in terms of total portfolio & submits C-AMP to Treasury Feb to April Users (assisted by Custodian) prepare U-AMP for next financial cycle May Users submit U-AMP to Treasury & Custodian November Budget allocations approved by Treasury

Norms and Standards The legislation will allow the Minister of Public Works to issue regulations to ensure uniformity in respect of -  User Asset Management Plans  Custodian Asset Management Plans  Functional Assessment of Immovable Assets  Space & cost norms  Valuation of immovable assets  Feasibility and Options Analyses  Immovable Asset Registers

19 13.Current position  In Feb 2007, the Portfolio Committee on Public Works conducted extensive public hearings and all relevant comments were incorporated into the Bill. DPW subsequently engaged with the Portfolio Committee and Office of the Chief State Law Advisor regarding necessary amendments to the Bill.  The Amended Bill was adopted by the National Assembly in March The Bill was subsequently referred to the National Council of Provinces (NCOP) for consideration.  DPW has developed comprehensive guidelines for the compilation of User- and Custodian Asset Management Plans, providing step-by-step guidance to strategic planning processes.  To launch strategic asset planning in the National Government, DPW has initiated a process to compile U-AMP’s for all national departments. To further provide leadership in immovable asset management practices in National & Provincial Government, DPW will host seminars, workshops, etc.

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