Department of Cooperative Governance & Traditional Affairs Annual Performance Plan 2015/16

Meeting report

Department of Cooperative Governance Strategic plan 2015-2019, and Annual performance plan 2015/16: Briefing
Mr Vusi Madonsela, Director General, Department of Cooperative Governance apologised for the absence of the Minister and said he would introduce that portion of the presentation on the Minister's behalf. He reminded Members that the former Department of Cooperative Governance and Traditional Affairs had to split to fall under two Directors-General; he was in charge of the Department of Cooperative Governance (DCOG) and Dr Charles Nwaila, Director General, Traditional Affairs, would present for the Department of Traditional Affairs (DTA).

The key elements on which CoGTA as a whole operated were based on its Constitutional mandates, and it was mandated to deal with:
- System  of Cooperative Government (Chapter 3 of the Constitution)
- Provinces (Chapter 6 of the Constitution)
- Local Government (Chapter 7 of the Constitution)
- Traditional leaders (Chapter 12 of the Constitution)

Mr Madonsela stated that cooperative governance, as contained in Chapter 3 section 40(1) of the Constitution, referred to government as national, provincial and local spheres, which are distinctive, interrelated and interdependent. In fact, however, there was little autonomy or independence at municipal level, although it must be borne in mind always that this was the aim.

He also emphasised that the system of cooperative governance emphasised, in Chapter 7, section 151(1)], that municipalities were to be established for the whole of the territory of the Republic, and section 154(1) of the Constitution obliged national and provincial government to  support and strengthen capacity of municipalities to manage their own affairs, to exercise their powers and perform their functions. Local government was "the coalface of delivery" of he services to citizens that helped government fulfill its obligations in respect of the various Bill of Rights rights, such as health and well-being, access to water and adequate housing.

Mr Madonsela made it clear that there was a clear interface between national and provincial government and that Schedule 4 of the Constitution provided for functional areas of concurrent national and provincial legislative competence, whereas Schedule 5 provided for functional areas of exclusive provincial legislative competence. CoGTA's Constitutional mandate was primarily derived from chapters 3,5,6,7,9,10 and 12 of the Constitution.

Mr Madonsela noted that the Strategic Plan and Annual Performance Plan (APP) for the Department of Cooperative Governance were guided by the Back to Basics campaign to give impetus to the work of the Department and the Ministry, the National Development Plan (NDP) and the Medium Term Strategic Framework 2014-2019. Its latest new strategic Plan covered 2015-2019, and there was also an Annual Performance Plan for 2015/16.

The vision was set out by the functional and developmental local government system that delivered on its Constitutional and legislative mandates, within a system of cooperative governance. This Department's vision was in line with the objectives of Chapter 13 of the National Development Plan, that covered  ‘Building a capable and developmental state’. The mission was to ensure:
- that all municipalities performed their basic responsibilities and functions consistently, by putting people and their concerns first
- supporting the delivery of municipal services to the right quality and standard
- promoting good governance, transparency and accountability
- ensuring sound financial management and accounting
- building institutional resilience and administrative capability.

This was adopted from the five pillars of the Back to Basics Campaign.

Alignment of the cooperative governance values were guided by the spirit of Batho Pele, and included values such as commitment to public service, integrity and dedication to fighting corruption, a hands on approach to dealing with local challenges, public participation and people centred approach, professionalism and goal orientation, passion to serve, and excellence and accountability. Adherence to these values would contribute towards the required state of Local Government.

He noted that DCOG had a Planned Policy Initiative for the period 2014-2019, which was presented by the minister of COGTA in Parliament in 2014, during the budget vote that set out the Back to Basics approach, which was subsequently also presented at the Local Government summit in September 2014 and widely endorsed by all local government role players. The programme was designed to ensure that all municipalities performed their basic responsibilities and functions, without compromise. Putting the Back to Basics into operation, within the DCOG, would require that some fundamental changes be made in the way that DCOG worked, in order to create a more responsive, service-focused system of Local Government that that would meet the needs of the people. This plan would show how the goals and strategic objectives of the Department would be translated into a new organisational structure, and cross-reference these to the programmes.

The DCOG had adopted a new plan that reorganised it into seven branches, which were: Back to Basics Command Centre; Local Government Transformation; Institutional Development; Local Government Management; Community Work Programme; Finance and Corporate Services.

Mr Madonsela went on to present the strategic goals and objectives (see attached presentation for more details) The DCOG would be pursuing nine goals, namely to :
- create a functional local government system based on accountability for performance
- ensure significant improvements in service delivery through sound infrastructure management
- build institutional resilience and initiate the next phase of institution building
- lead and support the prosperous cities and towns by structuring the space economy
- strengthen intergovernmental arrangements for delivery of services, collaborative planning, and oversight within the system of cooperative government
- entrench a culture of good governance and instill a new morality of service and integrity in local government
- expand local public employment programmes through the Community Work Programme
- strengthen, coordinate and support effective integrated disaster management and fire services
- refocus and strengthen the capacity of DCOG to deliver on its mandate.

Mr Madonsela then presented the Annual Performance Plan, which set out a number of projects for each of the strategic objectives. There were sixteen strategic objectives (see attached presentation), which were to be achieved by March 2019. He particularly highlighted that clear performance standards would be set and enforced. Objective 3 was structured so that national and provincial government could support, monitor, intervene and enforce performance by March 2019. He also highlighted the implementation initiatives to improve financial sustainability, revenue management and audit outcomes in Local government March 2019, strengthening the citizen engagement mechanism, strengthening anti-corruption, improving disaster management and fire services across all of the government, and facilitating and coordinating capacity building initiatives in order to build capable municipalities by end March 2019. More specific initiatives to overall strengthen and improve municipalities were also set out, emphasising that structures must be sustainable and well maintained. Innovative programmes would be introduced to stimulate local economies and work opportunities would be provided and maintained, by strengthening own municipalities' abilities and promoting partnerships. 

Discussion
Mr L Nzimande (ANC, KwaZulu Natal) wanted to ask about equity in relation to disability, as a visually disabled person himself. He noted the promise of creating one million jobs, and noted that the promise was that 20 000 jobs will be given to the disabled people, and he asked how the Department would look to achieve the targets. Secondly, he asked how many disabled people were involved in the Community Works programmes, and whether any other programmes that municipalities were running benefited the disabled. He was also interested to hear more on the tribunals to combat corruption in the government spheres.

Mr Madonsela responded that, in terms of equity, the Department had responded to people with disabilities, and was running several efforts to include them, which also included the protective workshops. However, in the specific case of CWP, there was no protective workshop arrangement. DCOG did target all vulnerable groups, all of which included women children and men, but he was not able to give a specific figure at this point, and asked that he be permitted to send through a written response. CWPs were meant to provide funding to the people who could not otherwise provide for themselves and whatever meaningful work could be provided to the community members, such as the cutting of grass on the road verges used mostly by the communities was being done on a daily basis. About 1.1% of community members were involved in the CWP. He acknowledged that the numbers should be higher, and should meet the targets at least of 2%, but said that the DCOG was trying hard to achieve this. The tribunals dealing with corruption in the municipalities were matters of the DCOG.

Mr J Julius (DA, Gauteng) asked, in light of the fact that the Minister of Cooperative Governance was experienced, whether the new plans to be implemented were based on research done by the Department, or on experiences; he asked also whether the facts to inform them were scientifically correct. He asked who had been consulted to make the plans. The Minister was making changes in outer boundaries of the municipalities, but this was not included in the strategic plan presentation today. He asked if the grants specialists were going to transfer skills to the municipalities, or simply come in and take care of the grants for the elderly themselves. If the latter, he would regard this as an unnecessary cost to the country if they were to be brought in as consultants every year.

Mr M Mohapi (ANC, Free State) outlined some concerns about the independence and autonomy of municipalities and cited an example of a Local Government Speaker who had written to the Minister in respect of unannounced visits made by the Minister to the municipality. He wondered why the strategic plan was dealing with new structures of municipalities, asking what had been wrong with the old structures, and what exactly they sought to correct. He asked what the Department planned to do about capacity building. He noted the public perception that it was only some individuals who were benefiting from the municipalities, and the media spreading rumors that they had received favours from the municipalities.

The Chairperson noted that these questions could not be answered, due to time constraints. The Members could ask further questions in writing and written replies should be forwarded.

Department of Traditional Affairs briefing
Dr Charles Nwaila, Director General, Department of Traditional Affairs, noted that the vision of the Department of Traditional Affairs (DTA) was to have transformed, cohesive, developmental and sustainable traditional and interfaith communities. The mission statement was informed by the NDP, government outcomes and the Back to Basics campaign. The overall mission was to transform, develop, harmonise and promote cohesiveness of traditional affairs institutions.

The Chairperson interjected at this point to ask Dr Nwaila to move straight on to the Medium Term Strategic objectives of the Department.

Dr Nwaila highlighted that that there were seven medium term strategic objectives, namely:
- to integrate and align planning, performance monitoring, reporting, information management and communication systems within the traditional affairs spectrum
- to promote internal control systems
- to promote safe, healthy and legal initiation practices and support the Department of Health's HIV/AIDS awareness programme
- to promote socio-economic and cultural development within traditional communities
- to increase the number of functional structures of traditional leadership
- to develop, review, monitor and support implementation of traditional affairs policies and legislation towards transformation of the institution of traditional leadership
- to facilitate collaborative relations of the institution of traditional leadership with the three spheres of government, civil society and the private sector, for improved service delivery and socio economic development within traditional communities.

He set out, in more detail, the specific objectives and targets, reading from the attached presentation (see document for full details). By 2020, DTA hoped to integrate and align planning, performance monitoring, reporting, information management and communication systems within the traditional affairs sector, and to improve internal control systems. It would be improving the internal control systems by implementing the post audit action plan (PAAP) developed and implemented, based on the ten audits conducted. The research, policy and legislation (RPL) predetermined objectives and targets aimed to develop, review, monitor and support implementation of traditional affairs policies and legislation, for transformation of the institution of traditional leadership by 31 March 2020. More specifically, the DTA aimed to work with one Bill (Initiation Bill). It would be working to increase the number of functional structures of traditional leadership by 31 March 2020, and facilitating collaborative relationships.  and to facilitate collaborative relations of the institution of traditional leadership with the three spheres of government, civil society and the private sector for improved

The National House of Traditional Leaders (NHTL) predetermined objectives and targets included promoting safe, healthy and legal initiation practices, and supporting the Department of Health’s HIV/AIDS awareness programme. It aimed also to promote socio-economic and cultural development within traditional communities. More specifically, it was aiming for a10% reduction in fatalities resulting from the initiation practice and there were two projects in the NHTL programme for socio-economic and cultural development of traditional communities implemented.

Discussion
Ms G Manolope (ANC, Northern Cape) asked when the Initiation Bill would be brought to Parliament, and asked how specifically the Department would be promoting it and ensuring that its aims were brought to fruition.

Dr Nwaila responded that as yet, this was not a Bill, but still a policy but it would be translated into draft legislation. A draft had been submitted to Cabinet in 2013, but Cabinet had sent it back with the comment that it was too exclusive, referring only to male initiation practices, and that it should include females, pointing out that in some cultures women also went through initiation. 

Mr S Thobejane (ANC, Limpopo) raised an issue with the amalgamation of traditional leaders and local municipalities. He commented that it would be very difficult to have the two running the same area, with no cohesion, as this may cause some conflict in the community. Mr Thobejane was also concerned about the mission statement on monitoring and providing support to the structure of traditional leadership in the their participation and promotion of development and service delivery within their communities. 

Dr Nwaila responded that there quite often tensions between local municipalities and traditional leaders, but that, through Back To Basics, the DTA was collaborating with DCOG to ensure that the harmonisation was not only limited to the elected leaders and traditional leaders, but also the whole sphere, so that there would be harmonisation in terms of provision of services as well.

Mr M Mhlanga (ANC, Mpumalanga) raised a question as to how far the Traditional Courts Bill now was.

Dr Nwaila noted that the Department of Justice and Constitutional Development was working on it, and he was not sure where exactly it was in that process.

Mr L Nzimande (ANC, KwaZulu Natal) highlighted that the policy of initiation had not been dealt with in Parliament, because Parliament dealt with bills, not policy. He wanted to know where, in the APP, there was mention of work to be done cooperatively between the DTA and the Department of Women. There were several matters that affected women, such as ukuthwala. Finally, he wanted to know where the organogram was, whether it had been finalised, and what follow up there was on this point.

Dr Nwaila responded that Mr Nzimande was quite right about policy not being brought to Parliament and reiterated that this was not yet in the form of a bill. The issue of ukuthwalwa was a cultural issue. He noted that currently there was a case before the High Court in Cape Town where an individual accused of raping a minor ascribed his actions to cultural practices. However, in fact the process of ukuthwalwa was an agreement between two families and the parties involved. There was work being done to produce an amended policy on this practice, which would ensure that any children involved in the process were protected and that the rights of the minors were protected also.

The meeting was adjourned.