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MUNICIPAL SYSTEMS BILL September 1999
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LEGISLATION n Municipal Demarcation Act, 1998 n Municipal Structures Act, 1998 n Municipal Systems Bill (1999) n Property Rating Bill (1999) n Public Finance Management (Local Government) Bill (1999) n Repeal of Local Government Legislation
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MUNICIPAL SYSTEMS BILL n Implements White Paper’s vision of developmental local government n integrates core municipal systems such as participation, development planning, performance management, public administration, service delivery, financing
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PLANNING MONITORING AND EVALUATION RESOURCE ALLOCATION ORGANISATIONAL CHANGE CYCLE OF TRANSFORMATION
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NEW CONCEPT OF MUNICIPALITY MUNICIPAL COUNCIL AND ADMINISTRATION COMMUNITIES, RESIDENTS AND STAKEHOLDERS Chapter 2
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PARTICIPATION IS BASIS FOR CORE SYSTEMS INTEGRATED DEVELOPMENT PLANNING BATHO PELE PERFORMANCE MANAGEMENT SERVICE DELIVERY PUBLIC PARTICIPATION Chapter 3
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PUBLIC PARTICIPATION n 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
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PUBLIC PARTICIPATION n Develop culture of participatory governance n establish mechanisms for feedback and participation n special provisions for disadvantaged n inform residents of mechanisms n build capacity to participate n public admission to meetings Chapter 3
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DEFINING EXECUTIVE AUTHORITY REVENUE RAISING PLANNING & TARGET SETTING MONITORING & ADMINISTRATION DETERMINE SERVICE PROVIDER EXECUTIVE POWERS Chapter 4
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COOPERATIVE GOVERNANCE n Municipalities must: – Integrate municipal legislative and executive functions with national and provincial policies and programmes – participate in organised local government n Decentralisation coordinated through Minister and MEC n Prevention of unfunded mandates Chapters 2 & 4
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DEVELOPMENT PLANNING n 5 year planning cycle linked to term of office n IDP provides framework for more detailed sectoral plans n must adopt plan within 1st year of council’s term n must adopt process for IDP within 2 months n MEC monitors and facilitates integration Chapter 5
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DEVELOPMENT PLANNING VISION FINANCIAL PLAN VISION ANNUAL PROJECTS ANNUAL BUDGET INTEGRATED DEVELOPMENT PLAN 25year strategy 5 year plan 1 year plan
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LINKING PLANNING TO PERFORMANCE PLANNING n vision n needs n priorities n objectives n strategies n spatial framework n implementation plan n financial plan PERFORMANCE MANAGEMENT n indicators n targets n monitoring n evaluation n communication n change Chapter 6 Chapter 5
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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
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MONITORING & SUPERVISION n Empowering Council and community n Provincial monitoring linked to municipality’s own performance system n Minister to set minimum standards for – service delivery – provincial supervision n Municipal targets must match minimum standards Chapter 10
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IMPROVING PERFORMANCE n Capacity building n management reform n technology n alternative delivery mechanisms n review IDP Chapter 6
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BATHO PELE n Identify clients n determine service n establish current service level n set target for service level n determine ways to meet target n monitor performance and review Chapter 7
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PUBLIC ADMINISTRATION n Culture of public service n flexibilty and responsiveness n efficient delegations n performance contracts n staff code & establishment n capacity building & establishment n code of conduct Chapter 7
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SERVICE DELIVERY OPTIONS n Internal Department n Municipal business enterprise n Service delivery agreement with: – other municipalities – other organs of state – private companies – NGOs or CBOs Chapter 8
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SERVICE AUTHORITY n objectives & targets n develop strategies n determine providers n financial framework n tariff policy n monitor & evaluate n regulation SERVICE PROVIDER n operational plan n performance n service delivery n revenue collection n sustainability n accountability Chapter 8
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COMPETITIVE PROCUREMENT n For all service delivery agreements with persons other than municipalities n Options – prequalification and competitive bidding – competitive negotiation – solicitation of competing proposals – unsolicited proposals n Minister to regulate selection of process Chapter 8
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MUNICIPAL SERVICE DISTRICTS n Internal service districts n 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
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TARIFF POLICY n Equity n access to basic services n payment linked to consumption n full economic cost & sustainability n surcharges or levies n local economic development n conservation of scarce resources n explicit subsidisation of poor Chapter 8
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CREDIT CONTROL n Sound customer management n proper metering & billing n credit control policy n provisions for indigent n termination of services n agreements with employers n by-laws Chapter 9
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LEGAL MATTERS n Notices n certificates as evidence n prosecution of offences n fines & bail n service of documents n debt settlement before transfer Chapter 11
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BY-LAWS n Legislative procedures n subordinate legislation n publication requirements n standard draft by-laws n municipal code Chapter 4
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MUNICIPAL SYSTEMS BILL September 1999
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