We propose that the word "efficient" be inserted between the words "effective" and "transparent".

By inserting the word "THE" before the word "ACT".

(a) Consultation

(b) Intergovernmental dispute

(c) Intergovernmental relations

(d) Local government

Parliament has already been excluded by the virtue of the definition of a national organ of state, which seems to be an unnecessary duplication.

In general the stated objectives are vague, with respect. In this regard sub sections (b), (d) and (e) are especially applicable.

IMATU supports legislation that enhances and ensures the effective and efficient provision of services, especially in local government.

IMATU proposes that the objectives be defined in more specific terms and specific reference be made to the financial viability of municipalities. IMATU also supports the continued monitoring of the performances of municipalities and the improvement of service delivery, with specific emphasis on the supply of housing, water and electricity to all communities of the country.

It is also submitted that the issues listed above must be the core issues on the agenda of the forums, in the execution of its role.

Statutory powers as set out in sub clause (a) must take cognisance of assigned power for local government.

Again the use of the word "governments" seems inappropriate, despite the definition thereof. It is suggested that the wording be refined to refer to either spheres of government or governmental departments.

It is proposed that organized labour, as recognized by NEDLAC, be included as formal consultative partners in the President’s Co-ordinating Council.

It is also proposed that the forum be utilized to bring issues of provincial and local government interest to the attention of the President and national government.

It is proposed that the meetings should be inclusive of as many stakeholders as possible so that the views of as many role players as possible are solicited.

It is proposed that organized labour, as represented at NEDLAC, also be incorporated as a consultative party on these structures. The labour federations represent workers, who are involved in service delivery and could advise and assist more effectively and efficiently than consultants.

The same comment as is set out in paragraph 7 above is applicable here. The proposed structure leaves an impression that local government will be dictated to and in the long run will lose its autonomy. The role should be one of mutual consultation and an attempt to develop strategies by a consensus seeking exercise to act in the best interest of the residents of our country.

Furthermore organized labour should be one of the consultative parties being consulted within this structure.

In terms of subsection (c), the forums should also focus on successes in local government. Best practices should be identified and municipalities (and provinces) could learn from success stories within different municipalities.

Furthermore IMATU is of the view that budget processes and principle for all spheres of government should be uniform and be dealt with in this forums.

At this level it would be impractical to consult with the federations, which are recognized by NEDLAC. It is submitted that trade union parties, as recognized under the South African Local Government Council Constitution, be part of the consultative processes. Organized labour in the SALGBC represents more than 200 000 local government employees. The experiences of workers will enhance strategic thinking, decisions – making and service delivery initiatives. For too long councils have spent millions of rands on consultants who add little or no value. Very often the views of the trade unions are discarded because it is seen as obstructive, whilst it is these same workers that have been working amongst our communities for many years and know the service delivery needs of residents as well as best and worst practices when it comes to service delivery.

An excellent point in case is the restructuring of the City of Johannesburg, where the views of the trade unions were discarded. Less than four years after the restructuring, many of the companies created by the City are either insolvent or trading in insolvent circumstances.

Furthermore the City of Johannesburg based its restructuring propaganda on promises of improved service delivery. This has not materialized and the City is dealing with one crisis after another, specifically relating to income collection and poor billing. IMATU has made suggestions on how to improve this, but these suggestion continue to fall on deaf ears.

No reference is made to local municipalities. Are local municipalities excluded from these consultative processes or do district municipalities carry the mandate of local municipalities?

Furthermore it is proposed that metropolitan and district municipalities (as well as local municipalities) be defined as having the same meaning as is envisaged in the Municipal Structures Act.

IMATU supports the role of the forum in respect of issues for discussion, consultation and consideration. IMATU proposes that in line with transparency principle, the agendas and reports of the forums be open for scrutiny and that copies thereof be submitted to the trade unions recognized in the SALGBC, to provincial addresses as nominated by the trade unions in the respective provinces.

IMATU has proposed that the South African Local Government Association ("SALGA") should be compelled to engage with organized labour in local government in respect of service delivery, improving the capacity and performance of municipalities and its senior management as well as monitoring and evaluation mechanisms. Such engagement must take pace under the auspices of the SALGBC.

The use of the word "regularly" is too discretionary in the view of IMATU. The forum should be compelled to report on the implementation of policy in a relevant province within specified time frames.

The same comment in respect of trade union participation, as set out in paragraph 11 above, is applicable under this section and should be incorporate under this section.

The same comment in respect of trade union participation as is set out in paragraph 11 above, is applicable under this section and should be incorporated under this section.

Sub section 3(b) envisages a meeting with "service providers" and "other role players".

The Bill does not define either and it is suggested that these two concepts be defined more clearly.

The purpose of such a meeting is also vague.

It is imperative that stakeholders, such as the trade unions in local government, be kept informed of the nature and content of protocols.

IMATU supports the implementation of protocol which aims to support local government to comply with its constitutional mandate and to build capacity in this sphere of government.

IMATU objects to the lack of consultation with organized labour within local government in terms of this section.

It is proposed that the provincial government also be compelled to follow similar consultative strategies and procedures as is spelt out in the Municipal Systems Act in relation to service delivery options.

The section may be impractical to implement. For example, recently a dispute occurred in the Gauteng Province between two municipalities regarding the transfer of staff in terms of section 197 of the Labour Relations Act. The receiving municipality adopted the stance that only the service was transferred and not the employees. This meant that neither municipality wanted to take responsibility for the payment of salaries of employees. In turn it meant that the courts had to be approached to determine whether a transfer had

occurred in terms of the aforesaid section. These types of disputes have to be resolved expeditiously and a bureaucratic dispute resolution process will not assist in concluding such disputes.

It is submitted that the discretionary reporting to Parliament should in fact be compulsory. It is proposed that the word "may" be substituted with either "must" or "shall".