PORTFOLIO COMMITTEE ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS MUNICIPAL OVERVIEW 6 SEPTEMBER 2012

Content 1.Introduction 2.Institutional Governance 3.Integrated Service Delivery 4.Disaster Management 5.Financial Management 6.Conclusion

Orientation Institutional Governance Municipal Governance Support and Capacity Building Specialised Support Integrated Service Delivery Public Participation Integrated Development Plans Intergovernmental Relations Community Development Workers Infrastructure Development Disaster Management Disaster Operations Disaster Risk Reduction Fire Services

Introduction Provide the Portfolio Committee with an overview of municipal performance. Based on the performance of municipalities from a governance perspective for the period ending 30 June 2012 (4 th municipal quarter). Certain findings, recommendations and support provided.

AUDIT OUTCOME: DEPARTMENT OF LG Financially Unqualified With matters 30 day payment period: R2,5 million

Institutional Governance: Municipal Governance, Support and Capacity Building Municipal Governance Functioning of Municipal Councils: Councils are meeting as required. During the quarter there were no reports of non - attendance by councillors. The instability at the Swellendam Municipality has made it difficult to obtain a quorum for decision-making. Delegations (S.59): Confirm v Review S53 Roles and Responsibilities Framework : R&RF was adopted by all Councils except for Theewaterskloof, Prince Albert, Overberg District, Central Karoo District, Cape Winelands District and Bitou municipalities. Litigation against Municipalities: Property Rates challenges in Beaufort West and Bergrivier Municipalities. Pension Fund Claims. Code of Conduct: Reporting to MEC. Councillor Debt: Debt owed by councillors has been reported for Oudtshoorn, Bitou, Saldanha Bay, Beaufort West and Stellenbosch municipalities.

Support provided to Municipalities: Governance, Support and Capacity Building Municipal Governance: Support provided to municipalities Assistance with Recruitment & Selection 6 Municipalities 3 MM positions 6 Sec 56 positions (Bitou, Swellendam, Cape Agulhas, Knysna, Witzenberg, Stellenbosch) MPAC Training 2 ½ Days CWDM, George, BWM, Laignsburg, PAM, Saldanha, Drakenstein, Oudtshoorn, Metro Provided support ito Rules of Order Cape Winelands District– 17 May 2012 Drakenstein– 17 June 2012 Mossel Bay – 13 June 2012 Overberg District – 18 June 2012 Metro– 18 June 2012

MPAC: PROGRESS MPAC ESTABLISHMENT Detailed Presentation made to Committee on 7 August 2012 In Oudtshoorn MPAC Chairperson appointed, Political parties still to nominate members and first meeting still to take place

CORRUPTION: SIU PROCLAMATIONS MunicipalityProclamationStatusInvestigations by SAPS GeorgeR76 of 2010Investigation Finalised awaiting sign off by SIU 1 StellenboschR3 of 2011Investigation Finalised awaiting sign off by SIU 4 OudtshoornR6 of 2011Investigation Finalised awaiting sign off by SIU 9 SwellendamR12 of 2012On going – No information availableN/A SIU presented report for the period April 2011 – September 2011 on the preliminary findings of first three proclamations to Parliament SIU reports finalised and sent to the President Two Anti-Corruption APP projects currently running include Anti-Corruption Workshops conducted within five District Municipalities and support to ten municipalities in respect of their Fraud Prevention Plans and establishment of Anti – Corruption or “Ethics “ Committees.

Municipal Governance, Support and Capacity Building Support and Capacity Building Municipal manager positions are filled in most municipalities, (S.54A). Senior manager positions are filled in most municipalities, (S.56). The submission of employment contracts and annual performance agreements are being monitored. Municipalities have implemented performance management systems with various levels of application. Municipalities are implementing the MPRA and new Valuation Appeal Board members are appointed when required. Municipalities have submitted their annual Workplace Skills Plans by the due date of 30 June 2012 to the LGAETA.

Support provided to Municipalities Governance, Support and Capacity Building Support and Capacity Building: Support provided to municipalities Municipalities are supported through the following strategies: Cross cutting support programmes Shared Services Non-revenue Water Revenue Enhancement Strategy Pool of experts Specialist support programmes Municipal Recovery Plans Municipal Assessments MPRA projects Training Initiatives Provincial Support Task Team Support Actions in terms of National Programmes MTAS/LGTAS MISA

Support provided to Municipalities: Governance, Support and Capacity Building Specialised Support Formal Section 139 Intervention - There were no Section 139 interventions Formal Section 106 Investigation - There were no Section 106 interventions Informal Interventions included - Bergrivier Municipality Failure to timeously approve Annual Budget - None

Governance - MTAS Municipalities identified based on predetermined criteria: Swellendam LM Overberg DM Central Karoo DM Kannaland LM Oudtshoorn LM

Support provided to Municipalities: Governance, Support and Capacity Building Specialised Support Late submission of Annual Financial Statements - Matzikama (late submission: 14/12/2011) - Bergrivier (late submission: 05/10/2011) - Langeberg (late submission: 30/09/2011) - Overberg (late submission: 30/09/2011) - Swellendam (late submission: 14/02/2012) - Eden (late submission: 28/09/2011) - Kannaland (late submission: 14/12/2011) - Oudtshoorn (late submission: 29/02/2012) - Bitou (late submission: 08/09/2011) - Prince Albert (late submission: 26/09/2011) Stalemate in the Council between political parties which adversely affect decision-making of Council - Swellendam Municipality

Support provided to Municipalities Governance, Support and Capacity Building Specialised Support Swellendam Municipality Attended to the situation where the political instability at the Municipality has led to the inability to obtain an quorum for decision-making. Consideration was given to the issuing of a directive in terms of section 139 of the Constitution to enforce decision-making. Due to a court settlement between a Councillor and his political party whereby the Councillor was reinstated the envisaged action was not followed through. The issues included the non-approval of the adjustment budget and the filling of senior management posts. Bergrivier Municipality In August 2011 the Cape High Court ruled on the validity of municipal property rates levied in rural areas by the Bergrivier Municipality. Property rates in respect of eight financial years (2001/02 to 2008/09) were disputed and the Court ruled against the municipality in five of these eight years. The ruling has grave financial implications for the Municipality in terms of loss of income and the municipality has decided to take the matter on appeal. Discussions were held on a without prejudice basis with both the Applicants and the Respondents upon receiving a request for mediation. The matter was thoroughly interrogated from a provincial oversight perspective and recommendation made that the Provincial Minister be joined as a party to the Supreme Court of Appeal proceedings in an effort to obtain an appropriate remedy with due regard to securing the income of the municipality.

Integrated Service Delivery Public Participation Ward Committee Functionality 24 municipalities with the exception of Bitou Municipality have established their ward committees. Bitou is in the process of establishing their ward committees. The City of Cape Town is in the process of ‘topping up’ ward committee membership to achieve 10 members per ward committee. 20 municipalities submitted their quarterly reporting template indicating that all ward committees are functional and had one or two meetings per ward in the last quarter. 8 municipalities have reported that they have not paid out-of-pocket expenses to ward committee members in the last quarter.

Integrated Service Delivery Support provided to municipalities Public Participation: Support provided to municipalities Ward committee induction training was held in 6 municipalities, namely: Oudtshoorn, Knysna, Mossel Bay, Saldanha Bay, Langeberg and Hessequa. Community Based Planning Training was facilitated in the George Municipality on request. Meetings held with Bitou and Swellendam municipalities to advise on ward committee establishment and policy development. Distribution of the Provincial Framework: Proposed Guidelines for Municipalities in the Implementation of an Effective and Functional Ward Committee System to all municipalities at the MinMay and Speakers Forum meetings. Workshopped the national funding for ward committees at the Provincial Public Participation and Communication Forum (PPPCF) meeting.

Integrated Service Delivery Communications 15 municipalities have dedicated communication units/officials to manage the communication portfolio. For the remainder, communication is managed as part of the shared portfolios of officials. 14 municipalities are in the process of drafting/revising their Communication Strategies and a further 6 have recently adopted strategies. 11 municipalities have adopted Language Policies. There are 5 functional and active District Public Participation and Communication Forums. Support, guidelines and tools for the development/revision of Communication Strategies were provided to 18 municipalities. 3 municipalities received support with the development of their Language Policy. 3 municipalities received support with conducting quantitative communication research to inform their respective Communication Strategies.

Service Delivery - State of Municipal IDPs IDP IMPLEMENTABLE OR REALISTIC : YES NO City of Cape TownStellenboschHessequa West Coast District LangebergMossel Bay MatzikamaBreedvalleyGeorge Cederberg Overberg District Oudtshoorn BergrivierTheewaterskloofBitou Saldanha BayOverstrandKnysna SwartlandCape Agulhas Central Karoo District Cape Winelands District SwellendamLaingsburg Witzenberg Eden District Prince Albert DrakensteinKannalandBeaufort West IMPORTANT NOTE: The Department’s approach in its analysis of IDPs, gives comments on the implementability rather than credibility of IDPs!

Service Delivery - Monitoring the implementation of IDPs All 30 Municipalities of the Western Cape have adopted IDPs Improved Annual ReportingIDP IndabasIDP Analysis The Department of Local Government has arranged a training session on the new Annual Report format as a joint initiative with the Western Cape Provincial Treasury to improve annual reporting in municipalities. This new Annual Report seeks to promote standardised reporting by municipalities with comparable Annual reports, alignment between financial and non-financial reporting; and consistency in the use of terminology. IDP Indaba (1 & 2) provides a platform on an annual basis for municipalities to engage with Provincial & National Government Departments to determine how the three spheres of Government can strengthen the IDP process and to ensure the implementation of IDP objectives. Indaba 1 is a strategic dialogue between the Municipalities and Province on provincial policies that have planning implication on municipalities. Indaba 2 focuses on project implementation and alignment between the different spheres of government. The Department however is concerned about the lack of participation of National Sector Departments at the IDP Indabas IDP Analysis is a process through which national and provincial sector departments, state owned entities, and other relevant stakeholders engage with municipal IDPs on an annual basis, with the aim of providing comments that are aimed at improving the quality of IDPs.

Governance Intergovernmental relations

Integrated Service Delivery Intergovernmental Relations: Eden District The region convened 2 DCFTech meetings on 13 April and 1 June 2012, respectively, as well as a DCF meeting on 2 May Strategic agenda. The following key issues emanated from discussions at the DCFTech meetings of 13 April and 1 June 2012, respectively: Waste to Bio Fuel Accessibility Analysis – Thusong Service Centres Shared Service: provision of infrastructure. The key issues emanating from discussions at the DCF meeting of 2 May 2012 were the following: Integrated Waste Management Demarcation Upgrading of Integrated Transport Plan(ITP) Case Referrals on IGR Issues Kannaland - Thusong Centre Knysna - Funding Sources Knysna - Multi-purpose projects vs Thusong Centre Case Referrals resolved One case referral has been resolved, namely Kannaland Thusong Centre.

Integrated Service Delivery Intergovernmental Relations: Overberg District The region convened a DCF meeting on 16 May No DCFTech meeting was convened. Municipality formally communicated the reasons thereofore on 4 July Strategic agenda. The following key issues emanated from discussions at the meeting: Demarcation within Overberg District municipality Migration Coastal Management Regional land fill sites Case Referrals on IGR Issues The following 3 referrals have been recorded: Overstrand - Aerial support for fire-fighting wildland Cape Agulhas - New Sewerage Scheme Cape Agulhas - Ward Plans (emanating from ward profiles created by CDWs) Case Referrals resolved Two case referrals have been resolved, namely Cape Agulhas new sewerage scheme and Cape Agulhas Ward plans. Recommendations The Overberg DCFTech meeting should be constantly monitored and compliance, i.t.o. the IGR Framework Act, addressed through their DCF meetings.

Integrated Service Delivery Intergovernmental Relations: Cape Winelands District The region convened both their DCF and DCFTech meetings on 10 May Case Referrals on IGR Issues None. Intergovernmental Relations: West Coast District The region convened a DCF meeting on 24 May The DCF meeting scheduled for 10 May 2012 was cancelled due to a SALGA meeting on wage negotiations. Strategic agenda.

Integrated Service Delivery Intergovernmental Relations: Central Karoo District The region convened a DCF meeting on 24 May No Municipal Managers Forum (DCFTech) meeting was convened. The matter was highlighted as a concern at the DCF meeting of 24 May Strategic agenda. The following key issues emanated from discussions at the meeting: Funding for disaster management Proposed Skills Summit Mayoral Works Programme (Masikhule Shonke) - Job creation strategy focusing on training of unemployed youth Operation Clean Audit – Auditor-General audience with all councillors in the region, during June 2012 Case Referrals on IGR Issues The following case referral has been recorded: One case referral has been recorded, namely ‘regional funding for disaster management operations’. Case Referrals resolved Pending. Recommendation/s The Central Karoo DCFTech meeting should be constantly monitored and compliance, i.t.o. the IGR Framework Act, addressed through their DCF meetings.

Integrated Service Delivery Thusong Programme Facilitated the expansion of the service offering in the Thusong Programme (e.g. SARS, IEC, Cape Access, Rural Development). 14 Government Departments are participating in the programme. Co-ordinating a Training Course for Thusong Service Centre Staff (Provincial Training Institute). Facilitated planning processes for the establishment of new Thusong Service Centres (i.e. Bergrivier, Cape Agulhas, Theewaterskloof & Kannalnd). Facilitating the operationalisation of Robertson, Paarl and Prince Albert Thusong Service Centres. Overseeing the refurbishment of Atlantis & Swartland Thusong Service Centre. Providing support with drafting individual Business Plans for each Thusong Service Centre. Supporting CoCT, George & Saldanha Bay Municipality with the takeover of the Thusong Service Centres managed by NGO’s. Facilitating the conclusion of outstanding lease agreements. Implemented 9 Thusong Mobiles reaching citizens.

Integrated Service Delivery Community Development Workers 165 CDW’s are deployed in Municipalities across the Western Cape. CDWs accommodated in Municipal premises and Thusong Centre's. 14 Socio- economic projects supported in various communities Case referrals for government services. 95 Information sessions were facilitated in communities.

Integrated Service Delivery Support provided to municipalities Community Development Workers: Support provided to municipalities Roll-out of External Communications survey in Laingsburg. Mobilizing of community members for Municipal Budget Road shows in (Ward1, 3 & 4) Laingsburg. Compile Community survey regarding indigent grant beneficiaries. Supported Touws River Traffic Enforcement Course Registration. Write project proposal and secure funding for Ward 6 Clean and Green project in Breede Valley. Technical support to a local sewing project in the town of Abbotsdale. Fire Awareness Workshops in Kleinmond, Zwelihle and Hawston. Survey to identify community groups to be trained in various skills in Metro area.

Municipal Infrastructure At the end of June 2012 the Municipal Infrastructure Grant expenditure for the 2011/12 amounts to R372,735,955 (99,3%). Support provided: The Department was involved with the MIG projects from registration and conducted site visits and municipal engagements to monitor progress and provide support. The Department also hosted monthly MIG provincial monitoring meetings to monitor progress on the MIG implementation at each. DLG initiated the process of aligning the MIG financial reporting with the CFO financial reporting (for the purposes of the Annual Financial Statements and roll-over purposes). According to the CFO financial reporting 13 municipalities underspent their MIG allocations and would have to request roll-overs. DLG initiated the process to align the MIG and CFO financial reporting. The outcome of this support is that only 2 municipalities namely Theewaterskloof and Hessequa have to request roll-overs of MIG funding. Furthermore, a basis is now established for aligned reporting to COGTA and NT going forward. The revised MIG DORA reporting indicates a MIG expenditure of 99,14% for the Western Cape.

Bulk Infrastructure – Progress – MIG performance 2011/12: 99.1% of R375,358, /11:99.8% of R312,086, /10:100% of R271,363,000

Municipal Infrastructure The Department supports municipalities with bulk infrastructure planning and implementation through financing strategies. The Department compiled the Bulk Infrastructure Master Plan for water and sanitation for the Western Cape. From this master plan 22 priority water and sanitation projects were identified for funding through the Department of Water Affairs’ Regional Bulk Infrastructure Grant funding to the value of R380,407,000 over the next three years. Recommendations/support: The Department co-chair the adjudication meetings for this funding. Further support by DLG to DWA regarding RBIG funded projects is being negotiated. The Department supported the training of electrical artisans through a partnership with the Development Bank of Southern Africa. Through this program 138 learners received accredited training at various levels and 33 undergone trade tests. DBAS - Engineers

Regional Bulk Infrastructure Grant Projects: MTEF Schedule

Service Delivery – Status of Basic Service Delivery MunicipalityHouseholdsBS Water%BS Electricity%BS Sanitation% BS Refuse Removal% City of Cape Town % % % % Cederberg % % % % Bergrivier % % % % Saldanha Bay % % % % Matzikama % % % % Swartland % % % % Drakenstein % % % % Stellenbosch % % % % Witzenberg % % % % Breede Valley % % % % Langeberg % % % % Theewaterskloof % % % % Cape Agulhas % % % % Overstrand % % % % Swellendam % % % % Kannaland % % % % Bitou % % % % Knysna % % % % Hessequa % % % % George % % % % Mossel Bay % % % % Oudtshoorn % % % % Prince Albert % % % % Beaufort West % % % % Laingsburg % % % % Total % % % %

Infrastructure: MISA Municipalities Municipalities identified: Cederberg LM Bergrivier LM Witzenberg LM Kannaland LM Prince Albert LM

Disaster Management – Risk Reduction Disaster Risk Reduction Reviews and updates of disaster risk assessments should be done bi annually to maintain a credible risk profile. Review of all District and Metro level disaster risk assessments have been completed during the 2011/12 FY. A standardised disaster risk assessment methodology has been developed that will be rolled out during the 2012/13 FY. Risk Reduction: Support provided to municipalities Financial and Technical support will be provided to West Coast, Central Karoo and Eden DM to update their risk assessments during the 2012/13 FY. Support will be provided to the remaining Districts to update their risk assessments during the 2013/14 FY.

Disaster Management – Operations Disaster Management Centres: Enhanced the functionality of the PDMC with the procurement of the Video Wall Assisted Cape Winelands with the proposal for the establishment of the disaster management centre. District allocated R for this project In process of donating equipment to Central Karoo District Disaster Management Plans: Developed a comprehensive winter readiness plan which ensured effective response and pro-active planning. Supported the operations relevant to the running aground of MV Eihatsu Maru at First Beach, Clifton Disaster Management Exercises: Koeberg Nuclear Plant Clanwilliam Dam Break Disaster Management Frameworks: The Disaster Management Act is currently under review

Disaster Management – Operations Disaster Advisory Forums: All District and City have functional advisory forums that meets quarterly or bi-annually. PDMC Advisory Forum meets quarterly and are attended by Districts/ Metro/Provincial Departments/SOEs/NGOs. PDMC developed a quarterly disaster management newsletter: “Eagle’s View”. Disaster Management Response and Recovery: City dealt with flooding in the Metropole. Facilitated and coordinated the management relevant to the outbreak of avian influenza in the Southern Cape. Assisted with the verification of Eden District Municipality June 2011 floods assessments. Disaster Special Events: Assist with the coordination of the Two Oceans Marathon & Argus Cycle Tour.

Audit Outcomes Audit Outcome2010/112009/102008/09 New Consolidation 001 Unqualified with no Findings 210 Unqualified with Findings Qualified 341 Audit not finalised 300 Adverse 020 Disclaimer

Financial Management – Audit Outcomes

Financial Management – MGRO Improve the audit outcomes, initiative between the Department and Provincial Treasury. Assessment model, provide recommendations, capability to level 3 higher. Part A: Local Government: institutional governance Part B: Provincial Treasury: Supply Chain Management, Accounting and Budget Management. MGRO 1: September 2012 MGRO 2: February 2013

Financial Management – Debt Management The overall status of the debt in respect of the non-metro municipalities amounts to R25.57 million at the end of June This represents a decrease in relation to the balance of R27.26 million recorded for May 2012 which equates to a decrease of R1.69 million. The Departments who record the highest debt balances includes the Department of Transport and Public Works at R10.06 million or 39.3 per cent, Department of National Public Works at R5.87 million or 23 per cent and followed by the Department of Education at R4 million or 15.7 per cent.

Thank you