REPORT BY THE SELECT COMMITTEE ON FINANCE ON THE PUBLIC HEARINGS ON THE DIVISION OF REVENUE BILL FROM 2-7 MARCH 2005

1. Structure of the Report

The report details the hearings convened by the Select Committee on Finance on the Division of Revenue Bill [B8B-2005] from 2-7 March 2005.

The Committee commenced the hearings with a briefing by the National Treasury, the Finance and Fiscal Commission (FFC) and the South African Local Government Association (SALGA). Sessions were subsequently held with various national Departments. The presentations of both the National Treasury and the FFC followed a similar sequence, dealing with the Provincial Equitable Share System, the Local Government Equitable Share System, and then the intergovernmental fiscal system.

2. Introduction

The Division of Revenue Bill was tabled simultaneously with the budget speech and other key budget documents on 23 February 2005. This was in accordance with Section 214 of the Constitution, which requires that Government ensure a transparent and equitable system to divide nationally raised revenue between the three spheres of Government. In addition, Section 10(5) of the Intergovernmental Fiscal Relations Act gives effect to the Constitution with regard to consultation processes. 1 The Division of Revenue Bill enables Provinces and Municipalities to budget for their allocations, determining how their share of nationally raised revenue will be used to give expression to their priorities.

The total national budget for 2005/06 amounts to R417.8 billion, from which National Government is allocated R273.5 billion, provinces R134.7 billion and local government R9.6 billion. Furthermore, in 2005/6 financial years the equitable share allocated to provinces and Municipalities are R134.7 billion and R10.6 billion respectively.

The Bill allocates R10.6 billion to provinces and R5.4 billion to Municipalities in 2005/06 to fund infrastructure and hospital services. The provincial and municipal infrastructure grants also support expanded public works programmes. Other grants include specific purpose conditional and other grants to provinces and local government. For example, the three conditional grants for HIV and AIDS programmes, in health, education and social development.

 

 

3. Layout of the Division of Revenue Bill

Provinces

There have been significant changes in the provincial fiscal framework, which inform the 2005 MTEF. These are:

FFC’s inputs on the Provincial Framework

 

 

 

Local Government

Municipalities will receive an additional R5.4 billion over the MTEF, which will mainly be targeted towards the provision and expansion of free basic services, as well as job creation through investment in labour based infrastructure programmes. In total, R31.5 billion over the 2005 MTEF is made available for water, electricity, refuse removal and sanitation though the unconditional local government equitable share.

Funding for free basic services is directed through the Local Government equitable share, which increases from R9.6 billion in 2005/06 to R11. 4 billion in 2007/08. This unconditional equitable share component grows to 56 per cent of national transfers to local government in 2005/06.

The Municipal Infrastructure Grant (MIG) is the key instrument to support the infrastructure budgets of municipalities, to support the extension of services to poor households, maintain and upgrade municipal infrastructure, and promote urban renewal and rural development. The MIG total R21.6 billion over the next three years, reflecting an additional R1.7 billion. This includes a ring-fenced allocation of R1.2 billion for the eradication of the bucket system.

FFC’s view on the Local Government framework

 

 

 

 

 

 

Review of Intergovernmental Fiscal System

The 2005 Division of Revenue Bill introduces new provisions to improve intergovernmental co-ordination and performance, by:

(a) Enabling Ministers with concurrent functions to make recommendations on improving service delivery.4

(b) Improving governance over the administration of social grants.5

(c) Strengthening the provisions on withholding, stopping and re-allocation of funds. 6

(d) Ensuring that conditional grants are spent in line with their purpose, and preventing fiscal dumping when there is under spending on such grants.7

(e) Improving planning and monitoring of infrastructure grants.8

All the above provisions were approved and supported by the FFC.

4. National Treasury Briefing

National Treasury addressed the Committee on the Division of Revenue Bill9 and the new formula that was being used to determine the equitable share for provinces.

The Treasury indicated that while the budget council considered provincial proposals, the budget forum considered the Local Government proposals. The Treasury detailed the consultation process to the Committee.

The Treasury started its presentation by indicating that the Division of Revenue Bill was a legal document arising from Section 214 of the Constitution, and that a new formula has now been introduced to determine the division of revenue.10

 

The following FFC recommendations were implemented:

Committee Concerns

The Committee raised the following concerns:

The transfer of funds from one region to another has to be a transparent one, and the guidelines for these transfers have to be clear.

Municipalities have raised several concerns regarding the transfer of the water function to them, particularly around the lack of capacity and a dilapidated water system.

Responses

The National Treasury pointed out that it has been standard practice to shift allocations in cases of under spending. In order to prevent underspending it is now common practice, particularly with donor funds, that a project management team is sent to assist the province that was under performing. In addition, provincial departments are also required to provide monthly and quarterly reports. In some cases there was no other choice but to re-allocate funds.

Both the Committee and the Treasury noted the possibility that this could potentially create the situation where ‘reports are glorified in order to avoid losing funds’. Treasury relies on managers to act responsibly as the system would foster possibilities for improvement. However, there needs to be tangible information that can be compared with the financial information. Furthermore, in order to ensure transparency, a short memorandum detailing the purpose of the transfer would be provided. Treasury indicated that this would be difficult to implement.

The FFC agreed with the National Treasury in this regard, and pointed out that any imbalance which occurred should be corrected in the following financial year.

SALGA indicated that there was a need for a turnaround strategy to assist provinces that were struggling so that they could provide the resources needed in a shorter time.

Treasury indicated that the concern that provinces were getting less because of the new formula was unfounded, and that there had actually been a steady increase in the percentage that provinces were getting.

The accreditation of Municipalities arose from the Housing Act and the Division of Revenue Bill only seeks to accelerate the process. The service was transferred to Municipalities because they provide the services as well. However, capacity is a major concern.

The poverty component is difficult to measure and if the number of informal settlements was used, it would not be accurate. Income per household was used as a measure and this is more accurate. Even though Gauteng has more informal settlements, income is higher than in other provinces. Referring to the money allocated per household, Treasury indicated that the money was given to supply infrastructure and not services. There was no sense in giving money for services when the infrastructure was not present. Having the FFC assist the departments is a possibility that is still being considered.

Treasury indicated that it had conducted the revenue raising correction for Municipalities. Treasury had decided on a non-arbitrary approach, which ensures that the parameters and weights could not be imposed on an ad hoc basis and would therefore not be open to manipulation by Municipalities.

Treasury indicated that it was working at finding alternate ways to deal with RSC levies, which would include either a tax or grant.

Regarding the water-operating subsidy, Treasury indicated that this was a Cabinet decision and was also a bilateral contract process that had to be followed. Municipalities had to enter into a contract and national government would abide by its responsibilities until the grant was phased out in 2011 or 2012.

The Treasury indicated that the allocation for the removal of the bucket system was not based on a formula, but rather in response to a need. There are capacity problems in this area as well.

Treasury referred to the fluctuations in the figures in the Bill and indicated that these are due to a new model coming into force in 2007/08. The aim of the new model is to serve as an incentive to Municipalities to provide services to the poor so that their share could increase.

 

5. Financial and Fiscal Commission briefing11

The FFC evaluates its criteria against Section 214 (a)-(j) of the Constitution and the progressive realisation of constitutionally mandated basic services. Until 2005, the constitutionally mandated basic social services (CMBS) of social assistance and welfare, education, health care and food adequacy have been the functional responsibilities of provincial governments, with the exception of food programmes, that have been funded through the unconditional Provincial Equitable Share grant. Social assistance grants are due to be transferred to a National Agency. A conditional grant, which is ring-fenced for this function, will be used as an interim funding mechanism until this National Social Security Agency is established.

Social Development

The financing of welfare services were highlighted with a view that there is a need to respond more directly on defining a basket of services.

Education

The main change to the education component is the adjustment of the learner to school going age children, and the inclusion of early childhood development (ECD).

Health Care

Spending on primary (clinics) and secondary (hospitals) health care averaged 2% between 1996 and 2001 and has accelerated to an average 4% per annum since then. Spending on hospitals has lagged behind that of primary health care provision in clinics.

Food Adequacy

The Child Nutrition Grant has identified a target population of 4.58 million poor children. Less than 1% of provincial budgets are set aside for food adequacy programs. However, 4% real growth in these programmes was projected for the 2004 medium-term budget cycle. The impact of this programme on the nutritional status of children has not been measured yet.

 

Performance in the Provision of Basic Infrastructure Services

Household infrastructure services that may be constitutionally mandated as basic include housing, land and water. Sanitation, waste disposal and electricity might be implied through the environmental health mandate. Transport services enable access to other basic services and hence serve a complementary role in the provision of other services. Municipalities are the primary delivery agents and several cross-municipal public entities are involved. Most capital funding is through special purpose conditional grants or utility fees.

Housing

The delivery rate of housing over the past decade has exceeded the rate of household formation. On average, approximately 161 400 housing opportunities have been delivered annually with a peak in financial year (FY) 1997 of 296 000. The national housing department has set a delivery goal of 338 000 houses per annum.

The value of the housing capital subsidy did not keep pace with inflation until FY 2001 and household income brackets have not changed since 1995. The housing spend has decelerated since FY 2001 and is projected to continue declining over the 2004 medium-term. The operational implications of the housing capital expenditure are passed onto municipalities

Water

Between 1996 and 2001, the proportion of households with reticulated access to water increased from 60% to 62%. The current norm is 50 litres per person per day within 200meters of the dwelling. Full access to water services is targeted for 2008.

Since FY 2001, Municipalities have increased their capital spending but reduced their operational spending whilst the regional Water Boards have reduced their capital spending and increased their operational spending in real terms on the provision of water.

Sanitation and Waste Disposal

The proportion of households with water-borne sewerage or VIP toilets increased from 50% to 55% between 1996 and 2001, whilst the proportion receiving municipal waste disposal services increased from 53% to 57%. Coverage improvement in the metropolitan areas was less substantial. This could be as a result of rapid urban migration of the poor. Full access to adequate sanitation is targeted for 2010.

 

Electricity

Coverage rates for connections to the national or municipal grid increased from 57% of households to 70% between 1996 and 2001. Government has targeted full coverage by 2012.

Regional Electricity Distributors (REDs) are being operationalised from 2005. The distribution of electricity surpluses and the implications of that for municipal billing systems are being addressed.

Transport

In FY 2003, provincial governments undertook 57%, Municipalities 30% and national government 13% of road construction and maintenance spending. Between FY 2000 and FY 2004, provincial spending on roads increased by 11% per annum in real terms whilst spending on bus, taxi and train subsidies increased by 6.5%.

Components of the Formula

Components of the Formula were reviewed against:

  1. Set policy objectives, norms and standards.
  2. Improvement of equity in access to basic services.
  3. Efficiency in utilising public resources.

The Economic Activity Component

With regard to the economic activity component, the FFC highlighted that:

The Poverty Component and Targeting

The new formula includes an introduction of a 3% poverty component. A proper definition of what the poverty component seeks to achieve is needed, as well as an empirically tested method used to determine relative weight.

 

 

 

The Services Components

This component considers the socio-economic status for different beneficiary groupings. The FFC aims to conduct a review of all transfers aimed at targeting poverty. Political imperatives and government priorities have to be considered in this regard.

Removal of the Backlogs Component

The FFC proposed the creation of a separate conditional grant to deal with infrastructure. The Government has addressed this and has introduced the grant.

The Local Equitable Share

Cost Disabilities

The Government and the FFC agree that different types of delivery methods for basic services should depend on the appropriateness and cost of technology. Geographic and population density considerations require different technologies for the delivery of similar basic services.

Revenue Raising Capacity and Spill-over Components

Government supports the FFC proposal for the need to incorporate a revenue-raising component. In addition, further work will be carried out with respect to design and definition of the spill over component.

Measuring Basic Municipal Service Expenditure Needs

The Government should define a basket of basic municipal services. It is also important to protect the Local Equitable Share from being ceded by Municipalities.

All in all the Government agrees with the FFC regarding the structure of the formula and the components that should either be deleted or reviewed in the formula.

6. South African Local Government Association (SALGA) Briefing

SALGA's briefing focused on three key points:

  1. Predictability.
  2. Simplicity and transparency.
  3. Cost of service.

SALGA noted that the eradication of multiple grants has led to the introduction of the Municipal Infrastructure Grant (MIG), but contended that the Bill would reintroduce multiple grants. Furthermore, SALGA is of the view that easily collected forms of revenue should replace Regional Services Council (RSC) levies.

SALGA proposed that in future, when new information that affected the allocation of the equitable share was obtained, the same year allocation should be guaranteed. The amount by which the local government equitable share increased would be distributed only to those Municipalities negatively affected by the new information.

The objective of establishing the MIG was to drop all the different grants targeting local government. The Division of Revenue Bill would see the reintroduction of the different grants. SALGA requested National Treasury to create conditions that would promote simplicity and transparency for eligible Municipalities to access the MIG.

The revised average cost of service for serviced areas had been acknowledged and that of non-serviced areas had the full support of SALGA. It was noted that the "one size fits all" approach did not work, and the government should consider the introduction of different average service costs for Municipalities with relatively comparable cost of services to different categories of costs would be a more flexible option. The transfer of equitable municipal costs should be done timeously to complement basic cash management requirements in Municipalities. This would eliminate the problems emanating from late payments of service providers such as penalties.

Finally, SALGA suggested a new source of revenue or tax should be introduced as a substitute for the Regional Services Council levies (RSC), but it should be easily collectable.

Discussions

The Committee observed that National Treasury was entitled to withhold funds to truant Municipalities. Oversight visits had revealed that some provincial officials would sometimes urge the NCOP to intervene in troubled Municipalities. On closer inspection, the NCOP Members would discover that it was actually provinces that had not been playing their role. They had been supporting the Municipalities while those problems were being encountered. He therefore urged the NCOP to play the role of a regulator when dealing with such matters. The Committee also suggested that the Committee should call an ‘Indaba’, which would involve the Department of Provincial and Local Government (DPLG).

All stakeholders should participate in the process of the division of revenue. The Committee asked to what extent SALGA had been involved in drafting the Division of Revenue Bill.

It noted that DPLG and SALGA should capacitate Municipalities. In addition, there should be a consistent manner of engaging all the stakeholders

Responses

SALGA replied that RSC levies had been going to Metropolitan Councils only. Therefore SALGA was in favour of the abolition of these levies.

SALGA's involvement in the drafting of the budget was in the Budget Forum, in which it raised everything that related to revenue. Another forum at which SALGA had been participating was the extended Cabinet meeting. At both of those forums submissions were made, but the outcomes were totally different.

The current Act provided for the withholding of the equitable share, and the withholding was supposed to happen in three phases. That would mean a gradual tightening of the screws in relation to which steps the Municipalities had to take before the transfers could be made. For an example, when Municipalities had not submitted the required financial statements. The Constitution provided for funds to be withheld when there was a consistent failure to account. In instances where Municipalities had explained why they had not met Treasury standards, they received funding immediately. Regarding conditional grants, it was the transferring official who withheld the funds because those conditions had not been met.

7. Inputs of Departments/Sectors on the Division of Revenue Bill

 

7.1 Department of Public Works (DPW) briefing

The Department reported that the Provinces operate the Expanded Public Works Programme (EPWP) with funding provided by National Treasury, through the equitable share, on fulfilment of certain conditions. The role of the DPW is to ensure that EPWP tender and design guidelines are used on all relevant projects Special emphasis is placed on projects utilising labour intensive methods. It was emphasised that quality and cost effectiveness are important aspects of all EPWP projects.

The total targeted expenditure on EPWP projects is R15 billion, which is to be divided between Provinces and Municipalities. The number of jobs created is expected to reach 750 000. To date 130 000 jobs have been created and with further acceleration, a target of 300 000 jobs per year is expected.

The labour intensive (LI) contractor learnership programme

These two-year learnerships aim to develop 500 sustainable contractors and 1000 site supervisors with the participation of Municipalities and 30 Provincial Departments. As part of the learnership 1 500 projects to a value of R1.5 billion will be implemented, employing 100 000 people. The Department of Labour has committed to providing opportunities for those who had completed the LI programmes.

The duration of employment differed from project to project, depending on the nature of the project. The length of training would also differ but all courses were integrated with the National Qualifications Framework (NQF), all qualifications were transferable and links would be developed with a variety of other programmes. The building industry had undertaken to try to recruit learners from the programmes and would also provide information on how to access opportunities.

The DPW was aware of the possibility of job displacement when designing the EPWP. However, the infrastructure sector had been identified as a growing area over the next ten years and therefore a conscious decision had been taken to target that sector. In this way fewer machine-intensive contractors were likely to be displaced.

Committee Concerns

The Committee was concerned about how effective the DPW’s monitoring system was as there were reports of delays in the roll out of projects. In particular, the capacity to do effective monitoring was probed.

The Committee enquired whether there is sufficient integration and interaction between National and Provincial Departments.

The Department acknowledged that it was aware of delays and problems around quality. The service delivery programme aimed to improve all systems by April 2005. It was also acknowledged that DPW does not have the capacity to monitor every project. However, it was DPW’s role to monitor the total programme, and the role of the Provinces to monitor and report on the individual projects. It was emphasised that DPW monitored whether the projects were labour-intensive, but the hands-on monitoring of the project remained with the province. Accounting Officers in the provinces would retain their accountability on the individual projects. Selected projects would be evaluated by DPW on an annual basis. The EPWP does not allocate funds to specific projects but rather tries to influence Municipal and provincial spending so that it resulted in job creation and training. The Accounting Officers of provinces are responsible for the actual allocation and spending of funds.

It was noted that a decision had been taken that Municipalities should report on their infrastructure grants only to the Department of Provincial and Local Government and copies of such reports would be made available to DPW.

The Department of Health reported that the previous day’s hearings had revealed problems with DPW’s progress on hospital building. In KwaZulu-Natal contract management problems had created delays of ten months, and in Limpopo there were a tender that had closed in August 2004 but no contracts had yet been awarded.

The Department pointed out that provincial infrastructure projects would not necessarily fall under DPW if they were outside the EPWP. Provincial DPWs were independent of the National Department because they were the responsibility of provinces. However, DPW had been working with Treasury to develop infrastructure programmes to address problems that had arisen through planning and budgetary constraints. The Infrastructure Delivery Improvement Projects, piloted in thirteen provincial departments, aims to improve systems and develop capacity to plan and develop infrastructure projects.

In addition, the National Department was participating in an infrastructure improvement programme that was attempting to address these problems.

The Department noted that the National Department was not tasked with delivery on education, roads, health and agriculture, and that allocations were only given to it in respect of buildings or works for the SAPS, Defence Force, Correctional Services and Justice. All others were the responsibility of provinces, because of the functional divisions set out in the Constitution.

In response to questions about the responsibility for the provision of roads, the Department responded that the National DPW had no control over roads, but in some Provinces, roads were grouped together with the Provincial DPW. In these cases, the roads function would fall under the National Department of Transport.

The Department of Transport reported that problems with respect to the provision of roads had been identified. A road co-ordination body, comprising the National Department of Transport, all nine provinces, and Metros had been established. This would consider road development and planning, including the road classification system, with a view to integrating the roads network and establishing which body was responsible for maintenance of every stretch of road. Overloading was a major challenge and the plans hoped to achieve sustainability in construction and maintenance of all roads. Mechanisms are also now in place at provincial level to ensure better co-ordination and integration.

The Committee questioned how compliance with EPWP Guidelines was enforced.

The Department responded that there had been a lack of understanding as to how the EPWP should be implemented as it differed substantially from former projects that used normal budgets to carry out programmes. However, DPW had put together a team to make presentations, attend meetings and assist Provinces and Municipalities to understand the programme, and targeted municipal officials to receive training.

The tender guidelines contained an explanation of how the guidelines should be implemented, how training should be accessed and what Municipalities should do to implement the projects. There was ongoing discussion with provincial Departments and Municipalities, and the Government Communications and Information Service and the Business Trust would also be involved in media briefings to increase awareness.

It was noted that previous presentations had pointed to capacity problems within Municipalities and the Committee therefore asked whether the National DPW had budgeted for sufficient capacity at a local government level to ensure delivery.

The Department reported that the National DPW were ready to deliver on the projects and that training programmes had trained municipal officials in proper development and implementation.

 

7.2 Department of Water Affairs and Forestry briefing

The vision of the Department is "to work together, ensuring some (water), for all, forever". The Department was of the view that DORA is a challenge for co-operative government and service delivery.

An amount of R138.7 million had been budgeted for implementation of water services projects, which would complete efforts started under the Water Supply and Sanitation Programme. The Water Services Operating and Transfer Subsidy had been budgeted at R934.4 million. DWAF schemes were to be transferred to Municipalities. The current budget was intended for operation and refurbishment. The hand-over had been extended to 31 March 2005; 84 schemes, with a total value of R1 225 million, had been transferred to date. The receiving institution, in order to receive transfer, should have the necessary capacity for implementation of the conditional grant.

The Department noted that special arrangements were necessary for Municipalities with weak administrative and technical capacity. From 2008/09 grants would be incorporated into the equitable share.

Drought relief had received an allocation of R202. 5 million, of which R149 .8 million had been expended. Hence, there would be a rollover.

Free basic water

The provision of free basic water is made possible through the Equitable Share in rural areas, and cross subsidies in Metro Municipalities. The equitable share provides incentives for more funding if Municipalities have provided better access.

The Municipal Infrastructure Grant (MIG) replaced the DWAF capital programme, and water and sanitation accounted for 72% of this grant in 2005, and 53% in the future. R200 million had been earmarked for bucket eradication in 2005, increasing in future years, and DWAF would support Municipalities in planning, implementation and monitoring.

The grant would be managed through the Department of Provincial and Local Government (DPLG), but DWAF would continue to monitor and support service provision, and assist with standards.

The Department gave details of the bucket eradication programme, and the Special Municipal Infrastructure Fund (SMIF), which is currently capped at 2.3% instead of the required 4%. DWAF will still engage with National Treasury and DPLG regarding allocations.

The Department focused specifically on Clause 9 of Dora, which regulates the funding of public entities, such as water boards. Clarity is still required on the roles of sector departments.

Treasury clarified that the intention of Clause 9 was to force Municipalities and public entities to reach agreement since public entities provided retail services and Municipalities could not control tariffs and service levels.

Committee Concerns

The Committee was concerned that the rollover of funds for drought was extended over two financial years, instead of being applied directly to community efforts. In addition, it was questioned why the rollover could not be used to address drought problems in the Northern Cape and to assist farmers in that area.

DWAF stated that the Northern Cape farmers fell under the jurisdiction of the Department of Agriculture but that this issue could probably be raised at MinMEC.

On the question of rollovers, DWAF noted that the financial years in National and Provincial sectors differed, and that Municipalities’ financial years ended in July. Funds had been transferred only in December, and although there would be a rollover the proportional level of spending, by month, was correct. Emergency funding is reactive in nature and may only be finalised long after the event.

The Committee asked how DWAF planned to eradicate the bucket system in areas where there is little water.

The Department noted that the eradication of the bucket system would be undertaken wherever possible and where water-borne sewerage could be introduced, and would be a priority in urban areas.

The Committee expressed concern about sanitation in schools, which in some cases posed serious health risks.

The Department noted that sanitation in schools fell under the Department of Education, and that DWAF had already advised schools that it would be able to provide expertise and fix systems. He undertook to investigate the position.

In addition, in many areas the infrastructure was badly managed and better emphasis must be placed on metering and billing.

The Committee asked whether it was really viable to effect a hand-over of the water services function to Municipalities at this stage. A question was raised about the transfer of staff to Municipalities, and particularly for details on any agreements between the Department and the Municipality in regard to performance.

The Department responded that funding followed functions. Since water management falls under the equitable share, all water-related functions did indeed need to be transferred to Municipalities. There were challenges with relation to seconded staff, but these were being addressed, and it was hoped that the process would be completed quickly. DWAF noted that all staff should be transferred with the function but some Municipalities had tried to reduce the staff component, and in such cases DWAF would negotiate for proper assurances and a prohibition on the appointment of additional staff until the lapse of a reasonable time.

DWAF believed that the handover could be successfully completed by March 2006. DWAF would remain part of the process after transfer by assisting with takeover and giving support, and Municipalities would still be answerable to DWAF.

The Department of Provincial and Local Government (DPLG) noted that two years ago DPLG had discussed the readiness and capacity of Municipalities, and issued authorisations leading to the distribution of functions and powers. It had also undertaken an analysis of levels of capacity, and where this was insufficient, DWAF and DPLG had a rollout initiative aimed at support. DPLG therefore agreed that this was an appropriate time to effect the takeover, but recognised that appropriate and concrete support would be given. Proper consideration had been given to the assignment process, by provision of necessary legislation, allocation of resources and continuous improvement of infrastructures.

The Committee questioned whether it was really appropriate to "name and shame" Municipalities who did not comply with norms and standards. It was also asked what would be done about Municipalities who did not use funding for the purpose intended.

The Department noted that it is aware of the dangers of adverse publicity, but felt that if water supplies were unsafe, residents should be notified.

There is an improved process to ensure compliance, which involved a series of steps, and a number of stakeholders would be notified of problems in the hope that this would result in increased pressure, co-operation from the municipalities, and a quicker resolution of problems.

The Committee asked what Municipalities could do in cases where municipal water charges had not been paid or illegal connections had been made, as it seemed that some Municipalities were cutting connections altogether.

The Department explained that each Municipality has its own policy on payment and connections, but that it was not acceptable for a Municipality to stop water supplies to an entire community. In some areas there had been lack of communication between water boards and Municipalities as to who was responsible for setting tariffs. He conceded that there were areas where pipes had been provided but no water connected. Municipalities who installed meters and therefore were able to monitor use would receive preferential connections.

The Committee asked whether the budget made special provision for areas with poor rainfall, or poor access to rivers and dams.

The Department explained that Municipalities in these areas were supported by DWAF in their planning, and helped to decide if other interventions, such as diverting water or building dams, were needed.

The Committee was concerned about whether anything was being done about rising water levels where mining had been abandoned.

The Department explained that there was a problem in settling liability, for pollution in particular, between the Departments of Minerals and Energy and DWAF and the mining companies.

The Committee asked how people could be assured of benefiting from the free basic water supply.

The Department explained that Municipalities were encouraged to install monitoring so that water supply could be assured.

7.3 Department of Provincial and Local Government briefing

An amount of R48.8 billion had been added to the baseline allocations of provinces and Municipalities. National transfers to Provinces would grow at 10,2% per year over the MTEF period and local government allocations would increase by 13.3%.

The Local Government Equitable Share (LGES) requires consideration of basic services, development needs, institution support, the ability of Municipalities to raise revenue and a guarantee of allocations published in 2004 (a stabilisation component). This would be phased in over three years, and work on it would be ongoing. It was noted that District Municipalities, who do not provide basic services, would receive lower allocations.

The Municipal Systems Improvement Grant (MSIG) is a conditional grant aimed at assisting Municipalities in developing in-house capacity to build integrated systems to perform their functions. A district-wide capacity building development plan would need to be prepared in consultation with Local Municipalities.

The total grant allocation over the period 2005-2008 is R600 million and the grant would be reviewed in 2007. This grant had been challenged by late submission of business plans, poor spending, rollovers, and non-compliance with DORA and poor consultation between Districts and Municipalities. However, a programme of support had been developed and was being implemented through Project Consolidate.

The Municipal Infrastructure Grant (MIG) was a conditional grant established through the merger of a number of programmes across sectors and intended to eradicate municipal service backlogs and provide basic services. An amount of R21.19 billion had been allocated over the 2005-2008 period. Key conditions, and roles and responsibilities were highlighted. DPLG administered the MIG and convened Municipal Infrastructure Task Team meetings, involving several other Departments, who retained their policy making and regulatory functions while providing oversight and monitoring.

Challenges faced were similar to those of MSIG, but various interventions had been made to address these challenges.

DPLG pointed out that Dora would assist it in consolidating its success in local government transformation. DPLG was confident that some of the key challenges would be addressed through Project Consolidate, which would assist government to provide dedicated and appropriate support to Municipalities.

 

Committee Concerns

The Committee asked whether the public entities referred to in Clause 9 of the Bill could be identified, and whether they were self-sufficient.

DWAF explained that the "public entities" for water were the water boards, which were self-sufficient and thus would not receive funding. DPLG was engaging SALGA in a process of institutional reform and in future it may be that the Boards would be dissolved. Other public entities would include bodies such as Eskom and Telkom.

The Committee asked the DPLG to clarify the amount of R3 billion set aside for "community investment programmes" and what it would comprise.

DPLG explained that the amounts allocated had resulted from successful collections by the South African Revenue Service (SARS), and the funding would essentially be used for infrastructure development through the MIG.

The Committee asked the DPLG to clarify whether Dora addressed the problem of capacity, and whether Clause 42 of the Bill would assist in cases where there were disputes. The Committee asked what would happen in the case of wasteful or irregular expenditure, which had been the responsibility of provinces to date.

DPLG stated that the Bill did make provision for capacity building in Clause 18. DPLG and Treasury would settle conditions. In the current financial year R182 million had been set aside to assist Municipalities in a range of different areas, listed in the report. It was too early to provide a comprehensive report in respect of the current year, but 90% of the funds had been allocated and transferred. Addition support was required in 136 identified Municipalities and 37% of Municipalities currently had capacity to prepare and implement the IDP. Tangible and measurable targets were set over the next two years, covering all key performance areas. This was not solely an initiative of DPLG but a government-wide attempt to harness all resources.

On the question of wasteful expenditure, DPLG stated that financial conduct was dealt with in the Municipal Finance Management Act, which provided for disciplinary proceedings.

The Committee asked for clarity on the formula used for LGES. There was concern about under-spending and the process put in place to assist implementation.

DPLG explained that MIG was only nine months old and although the transfers had taken place, the Municipalities were only obliged to complete their spending in July. So far the Municipalities were on track in their spending although the difference in financial year-ends had distorted the percentages.

The new formula took into account cross subsidisation, and added in a stabilisation component. The old formula had disregarded a number of Municipalities intended to benefit, whereas the new formula incorporated incentives based on revenue raising.

The Committee noted that in some provinces the indigency policy was not being implemented properly.

DPLG explained that Municipalities were administering these policies differently. Some state that there would be free access to services to all while DPLG had inherited a list of households who do not have access to basic services.

In 2004, DPLG had submitted a national standards policy to the social cluster, comprising Education, Health and Water, and had developed guidelines to assist Municipalities in implementation. Different provinces had decided to administer either according to a register of indigent people, or through a broader "service to all" which could account for the differences. The means test was largely used as a basis.

The Committee asked how DPLG would view the stopping of allocations provided for in Clause 35 of the Bill.

Treasury reported that the Minister would proceed in terms of the Municipal Finance Management Act and that DPLG would be consulted. Opportunities would be given to the province to explain itself before a decision to withhold payment was made.

DPLG added that this clause had been discussed with Treasury; it was felt to be necessary so that funding could be reallocated. DWAF argued that in the past they had found DORA to be inflexible because it had not made provision for cases of persistent and material non-compliance. While Project Consolidate would be used to attempt to avoid the situation, this clause could be invoked as a last resort.

The Committee enquired what formula was used for the MIG and how it would be disbursed. Reference was made to decreases in allocations set out in Schedule 3 and in Schedule 6 and whether Departments were consulted when allocations were made.

DPLG replied that the formula had a number of components, including provision of basic services. Municipalities providing basic services and additional resources would gain from the equitable share. Treasury determined allocations, and the administration of the grant was handled by DPLG.

They pointed out that funds would be disbursed in different ways according to the size of the scheme. Although it appeared that funding for DWAF had decreased, there had been a concomitant increase in the municipal allocation, as funding would in future fall within the equitable share and not the conditional grant. This was similar to the effect of Schedule 6.

The Committee questioned whether the formula for MIG did not disadvantage the weaker or poorer Municipalities, and whether this might not result in migration of residents to Municipalities that could provide better services. It was suggested that DPLG should arrange a workshop on the formula for the information of the Committee.

7.4 The National Department of Health

The Department of Health administers 6 conditional grants-

  1. The National Tertiary Services Grant
  2. Health Professions Training and Development Grant
  3. Comprehensive HIV and AIDS Grant
  4. Hospital Revitalisation Grant
  5. Integrated Nutrition Programme Grant
  6. Hospital Management and Quality Improvement Grant

Each grant has its purpose and the conditional expenditure criteria are according to that purpose.

Spending patterns in 2004/05 and the Committee’s concerns

1. The National Tertiary Services Grant.

The Committee notes that the spending pattern was generally good. Only three departments are lagging; the Eastern Cape (7,7%), the Free State (75,7%), Limpopo, (79,6%), and North West (62, 5%).

The MTEF allocation is as follows:

Provinces

2005/06

2006/07

2007/8

Eastern Cape

353022

374203

392913

Free State

432116

458043

480945

Gauteng

1760465

1866094

1959399

Kwazulu Natal

691451

732167

768078

Limpopo

71182

71580

71649

Mpumalanga

42224

44757

46995

Northern Cape

76353

92286

107975

North West

67889

69380

70509

Western Cape

1214684

1272640

1322744

Total

4709386

4981150

5221207

Total nominal % Growth

5.770689

4.819309

The total nominal growth over the MTEF period is at 6%, with the slight decline over the end of the period.

2. Health Professions Training and Development Grant

The Committee notes the spending pattern (2004/05) as generally good. Only three departments are lagging (Eastern Cape, 61, 5%), (Free State, 54,4%), and (Limpopo 64%).

In terms of the future vision of the Grant, hospital grants will be reviewed, with the view to restructuring all the conditional grants as well as the role of conditional grants in Health Funding.

The MTEF allocation is as follows:

Provinces

2005/06

2006/07

2007/8

Eastern Cape

127566

127566

133944

Free State

92517

92517

97143

Gauteng

554039

554039

581741

Kwazulu Natal

192373

192373

201992

Limpopo

72411

72411

76032

Mpumalanga

54363

54363

57081

Northern Cape

41069

41069

43122

North West

62564

62564

65692

Western Cape

323278

323278

339442

Total

1520180

1520180

1596189

Total nominal % Growth

0

5

The total growth only increase by 5% at the end of the period.

3. Comprehensive HIV and AIDS Grant

The purpose is to enable the health sector to develop an effective response to HIV and AIDS epidemic. The future of the Grant indicates that portions of the grant drop into the equitable share as the functions have become entrenched as activities in the Provincial Health Departments.

The Committee notes that the spending pattern (2004/05), has been particularly slow in the Eastern Cape (64,4%), (Free State, 53, 91%), (Limpopo, 32, 7%), (Mpumalanga, 50%), (North West, 60%). Transfers have been delayed to the following provinces; Free State, Limpopo, Mpumalanga, Northern Cape and North West Province.

The MTEF allocation is as follows:

Provinces

2005/06

2006/07

2007/8

Eastern Cape

171808

227916

242018

Free State

82928

111104

117648

Gauteng

207078

308674

317474

Kwazulu Natal

263267

377559

392336

Limpopo

116357

147198

158478

Mpumalanga

86333

119935

125718

Northern Cape

28258

33818

37024

North West

109306

148286

156467

Western Cape

69773

92724

98412

Total

1135108

1567214

1645575

Total nominal % Growth

38.06739

5.000019

The nominal growth is 38% in 2006/7. However, it declines by -33% over the medium term.

4. Hospital Revitalisation Grant

The purpose of the grant is to modernise infrastructure and equipments within the context of national policy. The Grant, however, will be reviewed in future in the context of national health funding system.

The Committee notes slow spending patterns in Kwazulu Natal (17, 1%). The Province has decided to fund the total of the amounts transferred to date and requested that the 2004/05 amount be rolled over at National level into 2005/06 and 2006/07.

The MTEF allocation is as follows:

Provinces

2005/06

2006/07

2007/8

Eastern Cape

157732

71666

102552

Free State

113082

128853

104360

Gauteng

17955

148664

133093

Kwazulu Natal

128977

60940

81090

Limpopo

212918

123698

160690

Mpumalanga

57018

101032

117071

Northern Cape

69651

217464

234960

North West

98056

125493

106495

Western Cape

172038

202474

198987

Total

1027427

1180284

1239298

Total nominal % Growth

14.87765

4.999983

The total nominal % increase in the short term is 15%. However, it declines by -9% at the end of the term.

5. Integrated Nutrition Programme Grant

The purpose is to implement integrated nutrition activities aimed at improving the nutritional status of all South Africans. After 2005/06 the Grant will be moved to Equitable Share.

The Committee notes that the spending pattern (2004/05), is slow especially in the (Eastern Cape, 35,5%), (Kwazulu Natal 55%), (Limpopo, 20%), (Mpumalanga 38,4%), (North West, 26,3), (Western Cape, 46, 9%).

The MTEF allocation is as follows:

Provinces

2005/06

2006/07

2007/8

Eastern Cape

26,316

Free State

7296

Gauteng

11333

Kwazulu Natal

26954

Limpopo

22344

Mpumalanga

9581

Northern Cape

3299

North West

10981

Western Cape

5288

Total

123,392

The Grant is being discontinued over the medium term. However, the Committee noted that general poor performance in the use of the Grant amongst provinces and the implementation over the final year should be effectively monitored.

5. Hospital Management and Quality Improvement Grant

The purpose is to transform hospital management and improve quality of care in line with national policy. In future the Grant is to be reviewed within the context of the National Health funding Policy. The Grant is meant to fund the organisational development part of the revitalisation of hospitals.

The Committees noted that the transfers of funds were delayed with the exception of Northern Cape, Gauteng and Mpumalanga Provinces.

The MTEF allocation is as follows:

Provinces

2005/06

2006/07

2007/8

Eastern Cape

24,531

26003

27303

Free State

13393

14197

14907

Gauteng

18510

19621

20602

Kwazulu Natal

23778

25204

26464

Limpopo

17457

18505

19430

Mpumalanga

12340

13081

13735

Northern Cape

10083

10688

11222

North West

12642

13400

14070

Western Cape

17608

18664

19597

Total

150,342

159363

167330

Total nominal % Growth

6.000319

4.99927838

The nominal total allocation increases by 6% in the short term (2006/07). However, it declines by -1% over the medium term.

Committee concerns

The Committee expressed concern on the perception that Conditional Grant’s requirements are continuously being administratively burdensome and costly. It recommends that this issue be attended to as urgently as possible, within the context of the Division of Revenue 2005/ 06 requirements.

The Committee acknowledged and recognised that with the monitoring measures suggested for each grant, the Department is ready for the financial year 2005/06, grants allocations.

The Committee recommended that monitoring mechanisms under each conditional grant should consistently be followed through in the oversight process.

7.5 The National Department of Housing briefing

The Committee acknowledged and recognised that with the monitoring measures suggested for each grant, the Department is ready for the financial year 2005/06, grants allocations.

 

Committee Concerns

The new housing policy shifts responsibility for housing to accredited Municipalities, particularly Metropolitan and major urban category B Municipalities.

 

Report to be considered.