[File No.: 10/1 Committees]
ANNUAL REPORT
Portfolio Committee on Provincial and Local Government - 2002
COMMITTEE: Portfolio Committee on Provincial and Local Government
1.1 Chairperson: Mr Y I Carrim
Period from: March 1998 to date.
1.2 MISSION:
1. To contribute to the effective implementation of the system of cooperative governance and intergovernmental relations enshrined in the Constitution.
2. To contribute to the effective implementation of the new model of local government.
3. To contribute, as appropriate, to the effective functioning of provincial government as part of the cooperative governance system.
4. To contribute towards defining the role of traditional leaders in a democratic South Africa.
5. To seek to ensure that the system of governance facilitates significant delivery and development in the country.
6. To attend to issues related to disaster management, cultural rights and other matters dealt with by the Ministry and Department of Provincial and Local Government.
7. To facilitate public participation in parliament relating to the above issues.
8. To effectively play an oversight role of the Ministry and Department of Provincial and Local Government
1.3 VISION:
To link the work of the Portfolio Committee to the consolidation of a non-racial, non-sexist, prosperous, democratic South Africa.
1.4 OBJECTIVES:
To effectively play a role as a Portfolio Committee in fulfilling the mission and vision set out above.
1.5 List of Entities overseen by Committee:
South African Local Government Association (SALGA)
Municipal Infrastructure Investment Unit (MIIU)
National House of Traditional Leaders
Municipal Demarcation Board (MDB)
Local Government, Water and Related Services SETA (LGWSETA)
1. SUPPORT:
2.1 Control Committee Secretary: Ms H Salie
Period from: January 2001 to date.
2.2 Committee Secretary: Mr L A Brown
Period from: January 2000 to date.
2.3 Committee Assistant: Mr S Mahlabela - January 2000 to date.
Mr K Lobi - January 2000 to date.
Mrs B Madikane - January 2002 to date.
2.4 Secretary to Chairperson: Mrs G Salie
Period from: January 1999 to date.
2.5 Part-time Researcher (Research Unit): Mr M C Sibanyoni - Intermittent assistance from early 2001 to date.
2.6 Legal Support: Not Applicable
Period from _______________ to ________________
COMPOSITION OF COMMITTEE (Include dates of appointment and discharges)
3.1 Membership
|
Member |
Total Meetings Held |
Number of meetings attended |
% |
Appointment Date |
Discharge Date |
|
African National Congress Mr Y I Carrim Mr D Dlali Rev A D Goosen Mr B Komphela (Alternate for part of the year) Mr J J Kgarimetsa (Alternate from September2002) Ms M C Lobe Mr J T Louw (Alt) Mr A G Lyle Mr E S Magashule (Alt) Mr M Molebatsi Mr S Mshudulu (Alt) (Attends meetings only when PC on Labour not in session) Sister B N Z Ncube Mr B J Nobunga Mr M Nonkonyana (Leave for 3 months due to accident) Mr J M Ngubeni Ms S H Ntombela Mr S Phohlela (Alt) Mr B M Solo Mr D A Olifant Ms N Qegu |
63 30 63 63 63 63 63 63 63 63 63 2 63 63 63 63 63 63 41 63
|
56 7 45 31 45 29 0 55 6 5 32 1 42 10 25 3 1 43 22 5
|
88.89% 23.33% 71.43% 49.21% 71.43% 46.03% 0.00% 87.30% 9.52% 7.94% 50.79% 50.00% 66.67% 15.87% 39.68% 4.76% 1.59% 68.25% 37.29% 7.94%
|
September 2002
February 2002 |
June 2002
February 2002
June 2002 |
|
Democratic Party Mrs G M Borman Mr C W Eglin (Alt) Mr G Grobler (exempted for part of the year) |
63 63 63 |
55 0 20 |
87.30% 0.00% 31.75% |
|
|
|
Inkatha Freedom Party Ms S A Seaton (Alt) Mr P Smith (exempted to attend Home Affairs PC) |
63 63 |
6 36 |
9.52% 57.14% |
||
|
New National Party Mr F J van Deventer (Alt) Mr P Uys Mr W Doman |
63 63 10
63 63
63
63 |
1 38 8 |
1.59% 60.32% 80.00% |
October 2002 |
|
|
United Democratic Movement Kgoshi L Mothiba Mr D G Mkono (Alt) |
3 8 |
4.76% 12.70% |
|
||
|
African Christian Democratic Party Mrs R M Southgate |
27 |
42.86% |
|
||
|
Freedom Front Dr C Mulder |
4 |
6.35% |
|||
|
United Christian Democratic Party Mr I S Mfundisi |
63 |
2 |
3.17% |
|
|
|
Pan Africanist Congress of Azania Mr S E Pheko (Alt) |
63 |
1 |
1.59% |
3.2 Composition of Sub-Committees
Sub-Committee 1: Management Subcommittee
Convenor: Mr Y I Carrim
Task: To attend to logistical and practical issues related to the Committee work.
To facilitate multiparty consensus on key legislative, policy, programmatic and other issues.
To attend to urgent matters between Committee meetings.
Membership:
|
Party |
Name of Member |
|
ANC |
Mr Y Carrim |
|
Ms C Lobe |
|
|
Mr A Lyle |
|
|
Mr B Solo |
|
|
DP |
Ms G Borman |
|
IFP |
Mr P Smith |
|
NNP |
Mr W Doman |
|
ACDP |
Ms R Southgate |
Sub-Committee 2: Local Government Subcommittee
Convenor: Ms C Lobe
Task: To deal with matters relating specifically to local government in between Committee meetings.
To facilitate multiparty consensus on key legislative, policy, programmatic and other issues relating to local government.
Membership:
|
Party |
Name of Member |
|
ANC |
Mr D Dlali |
|
Mr B Komphela |
|
|
Ms C Lobe |
|
|
Mr A Lyle |
|
|
Mr B Nobunga |
|
|
Ms B Ntombela |
|
|
DP |
Ms G Borman |
|
IFP |
Mr P Smith |
|
NNP |
Mr W Doman |
|
ACDP |
Ms R Southgate |
Sub-Committee 3: Disaster Management Subcommittee
Convenor: Mr B Solo
Task: To attend to disaster management issues in between Committee meetings.
To monitor disasters and the work of the Ministry, Department and other stakeholders in this regard.
Membership:
|
Party |
Name of Member |
|
ANC |
Mr B Solo |
|
Mr A Lyle |
|
|
Rev A D Goosen |
|
|
DP |
Ms G Borman |
|
IFP |
Mr P Smith |
|
NNP |
Mr W Doman |
|
ACDP |
Ms R Southgate |
Sub-Committee 4: Local Government Finance Subcommittee
Convenor: Mr B Nobunga
Task: To monitor the review of the local government finance system and report regularly to the Committee.
To facilitate the Committees participation in the processing of the Municipal Finance Management Bill.
To facilitate multiparty consensus on local government finance issues.
Membership:
|
Party |
Name of Member |
|
ANC |
Mr B Nobunga |
|
Mr A Lyle |
|
|
Ms C Lobe |
|
|
Mr B Komphela |
|
|
DP |
Ms G Borman |
|
IFP |
Mr P Smith |
|
NNP |
Mr W Doman |
|
ACDP |
Ms R Southgate |
4. DELIBERATIONS (Major activities, accomplishment, etc.)
4.1 Legislation dealt with
|
Bill No. |
Short title |
Public Hearing |
No of Submissions |
Amendments |
No of hrs spent |
|
B 62 2001 |
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bill |
Yes |
Foundation for National Minorities South African Hindu Maha Sabha Human Rights Committee of South Africa South African Jewish Board of Deputies Baphuthi Language and Cultural Development Programme South African Council of Churches The Afrikaner Development Cooperative - Incorporated Die Afrikanerbond Christelike Nasionale Forum Ms Soni Amin National House of Traditional Leaders SAHRC National Council of Khoi Chiefs Rastafarai National Council Afrikaner Freedom Foundation Ms E Lombard Northern Cape Khoi and San Indigenous Council and House of the Griqua Groep van 63 African Independent Churches Development Program Northern Amandebele National Organisation Federasie van Afrikaanse Kultuurvereniginge National KhoiSan Consultative Conference |
Yes |
56 [2001]
16 [2002] |
|
B 21 2002 |
Disaster Management Bill |
Yes |
Disaster Mitigation for Sustainable Livelihoods Project (UCT) Disaster Management Institute of South Africa South African Insurance Association South African Local Government Association Technikon Southern Africa National Nuclear Regulator Mr. M Pluke Amalgamated Services for Concerned Residents Association National House of Traditional Leaders Municipal Demarcation Board Groundwork Mr. A Sharpe Telkom Financial and Fiscal Commission |
Yes |
87 [2001] 23 [2002] |
|
B 61 2002 |
Local Government Laws Amendment Bill |
Yes |
South African Local Government Association (SALGA) Deryck Uys and Associates [For Rates Action Group] Mallinicks Attorneys [For City of Cape Town] Municipal Demarcation Board Community Law Centre Municipal Infrastructure Investment Unit (MIIU) |
Yes |
19 |
|
*B 22 2002 Yes |
43 |
|||||||
|
**B 1 2002 |
Municipal Finance Management Bill |
Yes |
Financial and Fiscal Commission ABSA Public Sector Banking WECLOGO City of Cape Town Board of Municipal Accountants Department of Traditional and Local Government Affairs KwaZulu-Natal Theewaterkloof Municipality Office of MEC, North West Province IMATU Urban Sector Network Dundee Ratepayers Association The Banking Council MIIU Municipal Demarcation Board IMFO Auditor-General Institute for Local Government Management of SA SALGA White and Case Community Law Centre FEDUSA Development Bank of SA COSATU Board of Municipal Accountants Knysna Municipality |
Yes. |
96 Yet to be finalised |
|||
|
B - 2002 |
Constitutional Amendments Affecting the Municipal Finance Management Bill |
Yes |
46 |
|||||
|
*** B 33 2002 |
Constitution of the Republic of South Africa Third Amendment Bill |
WECLOGO Local Government Project (UWC) Western Cape Provincial Parliament Independent Electoral Commission Association of Democratic Alliance Councillors Municipal Demarcation Board Free State Provincial Legislature North West Provincial Legislature IDASA Office of the Premier of KwaZulu-Natal Community Law Centre |
Yes |
18 Yet to be finalised. |
||||
* B 22 2002 Constitutional amendments affecting "Crossing-the-Floor" Legislation. These meetings were held jointly with the Portfolio Committee on Justice and Constitutional Development, Select Committee on Security and Justice, and Select Committee on Local Government and Administration.
** B 1 2002 - Was referred to the Portfolio Committee on Finance with a requirement that the Committee confers with the Portfolio Committee on Provincial and Local Government. These Committees held meetings together to process the Bill.
*** B 33 2002 - Was jointly dealt with by the Portfolio Committee on Justice and Constitutional, Portfolio Committee on Finance, and Select Committee on Finance.
Other matters dealt with (e.g. Briefings, Green Paper, White Paper, Committee Policy Documents)
|
Document |
Action to be taken |
Date Discussed |
No of hrs spent |
|
Programme for 1st quarter |
Programme adopted |
19 February 2002 |
3 |
|
Workshop with Ministry and Department |
26 February 2002 |
7 |
|
|
SA Cities Support and Learning Network |
Briefing |
19 March 2002 |
4 |
|
Budget Review |
Deliberations |
23 26 April 2002 |
20 |
|
Budget Report |
Adoption |
10 June 2002 |
1 |
|
Spain Study Tour Report |
Adoption |
20 June 2002 |
1 |
|
Resolution on Cape Town Rates Challenge Report |
Adoption |
20 June 2002 |
3 |
|
Financial and Fiscal Commission Assessment |
Briefing |
13 August 2002 |
4 |
|
Draft Local Government Laws Amendment Bill |
Briefing by Department |
25 September 2002 |
2 |
|
Local Government: Municipal Structures 2nd Amendment Bill |
Briefing by Department |
29 October 2002 |
2 |
|
Division of Powers and Functions |
Briefing by Department |
29 October 2002 |
4 |
|
Municipal Finance Management Bill |
Briefing by Department |
13 February 2002 |
4 |
|
Constitutional Amendments |
Briefing by Department |
4 |
REPORTS TABLED
|
Title |
Objective/s |
Result/Outcome |
|
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bill |
To give effect to the provisions of the Constitution to provide for the composition and functions of the Commission. |
See ATC No 34 2002 dated 14 March 2002 p236 |
|
Budget Vote 5: Provincial and Local Government |
See ATC No 73 2002 dated 10 June 2002 p614 |
|
|
Local Government: Municipal Structures Amendment Bill |
To amend the Local Government: Municipal Structures Act, 1998, in order to enable a member of a Municipal Council to become a member of another party whilst retaining membership of that Council. |
See ATC No 73 2002 dated 10 June 2002 p630 |
|
Property Valuation in Eastern Cape, Northern Cape, Western Cape and other relevant Provinces |
To resolve any uncertainty regarding the applicability and interpretation of the Property Valuation Ordinance, 1993 (Cape), and of any other provincial ordinances which may suffer from similar uncertainties. |
See ATC No 80 2002 dated 20 June 2002 p1027 |
|
Spain Study Tour |
To equip the Committee more effectively to participate in the process of developing policies and legislation on Intergovernmental Relations |
See ATC No 83 2002 dated 25 June 2002 p1146 |
|
Disaster Management Bill |
To provide for an integrated disaster management policy that focuses on preventing or reducing the risk of disasters, mitigating the severity of disasters, emergency preparedness, rapid and effective response to disasters and post-disaster recovery. |
See ATC No 114 2002 dated 6 September 2002 p1394 |
|
Local Government Laws Amendment Bill |
To effect technical amendments to 6 pieces of local government legislation, and in particular to provide for the extension of the transition period for the allocation of powers and functions between district and local municipalities from 5 December 2002 to 30 June 2003. To also give legal status to the Cape Valuation Ordinance. |
See ATC No 140 2002 dated 22 October 2002 p1618 |
APPEARANCES BEFORE COMMITTEE
6.1 Cabinet / Deputy Minister: 1 (formal), 2 (informal)
6.2 Government Officials: 29
6.3 C.E.O.s of Statutory Bodies and Public Entities:
SALGA - 16
Municipal Demarcation Board 6
National House of Traditional Leaders 1
Municipal Infrastructure Investment Unit 1
Local Government SETA - 1
6.4 Any other:
City of Cape Town 4
Financial and Fiscal Commission 3
Telkom 2
National Treasury 4
Office of the Premier of the Western Cape 1
Rates Action Group, Cape Town 2
REVIEW / ANALYSIS / SCRUTINY
Annual Departmental/Entity Report
|
Title |
Date of Publication |
Comments/Key Issue |
No of hrs spent |
|
Budget Reports of Statutory Bodies : Municipal Demarcation Board National House of Traditional Leaders South African Local Government Association Local Government: SETA Municipal Infrastructure Investment Unit
|
21 |
Auditor-General's Report
|
Title |
Date of Publication |
Key Issues |
No of hrs spent |
|
Provides information on Ministry and Department Budget. |
Papers, Matters referred to Committee in ATC
|
Subject |
Date considered |
Publication Date of Report |
Key Issues |
No of hrs spent |
|
Report of Independent Electoral Commission on Municipal Elections, 5 December 2000 [RP 25-2002] |
||||
|
Memorandum on Vote No 5 Provincial and Local Government, main estimates, 2002/3 |
ATC No 30 2002 8 March 2002 |
21 |
||
|
Disaster Management Bill |
ATC No 48 2002 2 May 2002 |
87 (2001) 23 (2002) |
||
|
Submission of Financial and Fiscal Commission on Division of Revenue for 2003/2004 |
ATC No 50 2002 6 May 2002 |
|||
|
Local Government: Municipal Structures Amendment Bill |
ATC No 56 2002 15 May 2002 |
|||
|
Report and Financial Statements of the Department of Provincial and Local Government Vote 5 for 2001/2002 |
ATC No 136 2002 16 October 2002 |
21 |
||
|
Report of the Public Service Commission on Fleet Management in the Eastern Cape 2002 |
ATC No 143 2002 28 October 2002 |
Matters referred to Committee by Chairperson/Deputy Chairperson of Committees and Capacity Building for Members
Not Applicable
7.5 TRAINING
7.5.1
|
Subject Matter |
Date |
Number of Attendants |
Venue |
No of hrs spent |
|
Not Applicable |
Planning Sessions
|
Subject Matter |
Date |
Number of Attendants |
Venue |
No of hrs spent |
|
Workshop with Ministry and Department on Programme for 2002 |
26 February 2002 |
45 |
Constantia Conference Centre |
7 |
Conferences
|
Subject Matter |
Date |
Number of Attendants |
Venue |
No of hrs spent |
|
Local Government Water SETA AGM |
14 March 2002 |
Mr Y Carrim |
Johannesburg |
4 |
|
National Conference on Municipal and Private Partnerships in SA |
7 9 May 2002 |
Mr Y Carrim |
Midrand |
16 |
|
Women in Local Government Summit |
16 17 August 2002 |
Mr B Solo, Mrs C Lobe |
Pretoria |
16 |
|
Disaster Management Conference |
10 11 October 2002 |
Mr B Solo |
Pietermaritsburg |
16 |
|
Public Sector Asset Management Conference |
14 16 October 2002 |
Mr Y Carrim |
Gauteng |
4 |
|
Centre for Development and Enterprise Roundtable |
8 November 2002 |
Mr Y Carrim |
Johannesburg |
6 |
|
African Council of Hawkers and Informal Business |
8 10 November 2002 |
Mr Y Carrim |
Midrand |
4 |
OTHER MATTERS DEALT WITH
Public Hearings
|
Subject |
Date |
Public Hearings Held |
Total Submissions |
No of hrs spent |
|
See 4.1 Legislation dealt with. |
Oversight and Fact Finding Activities
|
Oversight Activity |
Date |
Title of Report |
Date Tabled in the House |
|
Done regularly through the following: Budget Review Reports to Parliament relating to local government Questions in the National Assembly Briefings by the Department |
9 (a) VISITS
National Visits
|
Period |
Purpose of visit e.g. Fact finding investigations |
Number of Members |
Number of Staff |
Date Report Tabled |
Costs |
|
14 March 2002 |
Local Government: SETA AGM [Johannesburg] |
1 |
0 |
Verbal report in Committee |
R 4 253.00 |
|
7 9 May 2002 |
Municipal Public and Private Partnerships in SA [Midrand] |
1 |
0 |
Verbal report in Committee |
R 4 950.00 |
|
10 July 2002 |
Local Government MINMEC [Pretoria] |
1 |
0 |
Verbal report in Committee |
R 2 395.00 |
|
16 17 August 2002 |
Women in Local Government Summit [Pretoria] |
2 |
0 |
29 October 2002 (in Committee) |
R 7 312.00 |
|
10 11 October 2002 |
Disaster Management Conference [Pietermaritzburg] |
1 |
0 |
29 October 2002 (in Committee) |
R 2 801.00 |
|
October 2002 |
Local Government MINMEC [Pretoria] |
1 |
0 |
Verbal report in Committee |
R 2 450.00 |
|
14 16 October 2002 |
Public Section Asset Management Conference [Gauteng] |
1 |
0 |
Verbal Report in Committee |
R 3 706.00 |
|
8 November 2002 |
CDE Roundtable [Johannesburg] |
2 |
0 |
Written report to follow |
R 3 505.00 |
|
8 10 November 2002 |
African Council of Hawkers and Informal Business [Midrand] |
1 |
0 |
Written report to follow |
R 900.00 |
International Visits
|
Period |
Purpose of visit e.g. Fact finding investigations |
Number of Members |
Number of Staff |
Date Report Tabled |
Costs |
|
7 14 December 2001 |
Spain: Intergovernmental relations study-tour (undertaken in previous financial year) |
7 |
1 [Researcher] |
20 June 2002 |
R 197 918.00 |
MONITORING IMPLEMENTATION OF LEGISLATION
|
Date |
Legislation |
Report |
Date Tabled |
MONITORING THE IMPLEMENTATION OF THE PFMA
|
Date |
Department or Entity |
Report |
Date Tabled |
|
Done through the Budget and other oversight processes regularly |
See ATC No 73 2002 dated 10 June 2002 p614 |
10 June 2002 |
10 TABLING OF COMMITTEE REPORTS
|
Title/Topic |
Publication Date |
Date Reported |
|
See 5 [Reports tabled] |
11 PUBLIC PARTICIPATION ACTIVITIES/INTERACTION WITH INSTITUTIONS
|
Organisation |
Subject Matters |
Date Reported |
|
SALGA MDB Local Government: SETA National House of Traditional Leaders South African Municipal Workers Union IMATU |
A variety of issues related to the Portfolio Committee work |
Regularly |
|
Serve on SALGA Commission |
Restructuring of SALGA |
Ongoing |
12 SPONSORSHIP
|
Donor |
Purpose |
POs Approval Date |
Amount |
|
Not Applicable |
13 REVIEW OF YEAR'S WORK RECOMMENDATION AND CONCLUSIONS
A substantial part of the Committees work was in cooperation with the Portfolio Committee on Justice and Constitutional Development and the Portfolio Committee on Finance on the Municipal Finance Management Bill. The Committee is severely handicapped by the absence of adequate research and technical support. The Committee has access to the services of a researcher for part of his time but actually needs a full-time researcher. The Portfolio Committee deals with a wide range of stakeholders in the local government sphere, and needs greater support to manage this. It would also be helpful if the legislative programme of the Department is fulfilled according to the deadlines the Department provides so that the Portfolio Committee is able to more effectively fulfil its own programme.
14 FORMAL ADOPTION OF ANNUAL REPORT BY THE COMMITTEE
Annual Report of the Portfolio Committee on Provincial and Local Government for 2002, having been put to the committee, was adopted by the Committee on Wednesday, 13 November 2002.
.
COMMITTEE SECRETARY DATE
.
CONTROL COMMITTEE SECRETARY DATE
.
COMMITTEE CHAIRPERSON DATE