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SECTION G
FINANCE
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1. INTRODUCTION
A policy framework is needed which will
ensure financially viable local government. Such a framework must:
-
address the root causes of the financial
problems that face municipalities
-
empower municipalities to fulfil their
constitutional mandate
-
enable municipalities to play a central
role in creating sustainable living environments.
Urban and rural municipalities, and even
those in different metropolitan areas, are in very different financial
circumstances. They have very different prospects for providing adeqaute
services at reasonable costs. Some municipalities particularly those in
rural areas do not have adequate tax bases to fund the delivery of even
a minimal level of basic services.
The underlying problems are not all
related to shortcomings in policy. Some of the problems have to do with
poor implementation of the current system such things as inadequate financial
management and service delivery. |
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2. THE
CURRENT SITUATION |
| Size
of SA's municipal budget |
Basic Features
The aggregate size of the municipal budget
is South Africa is substantial. In the 1996/97 financial year, municipalities
budgeted for total expenditure of more than R48bn. This represents about
7,5% of South Africa's total gross domestic product, or 20,97% of the country's
total public sector budget. Within this overall figure, individual municipal
budgets vary enormously. At the one end of the scale, metropolitan areas
have budgets of several billions of rands, while at the other end, small
rural councils have very little revenue. |
| Trading
services |
Most local
government revenue is generated by trading services (electricity, water
and sanitation). This is due largely to the historical role of municipalities
as direct deliverers of services. Electricity, for example, is the largest
source of revenue for many municipalities. The surplus derived from the
sale of electricity (that is, the difference between the income derived
from selling electricty and the costs of providing the service) is not
large, but it is an important source of income for many municipalities. |
| Local
taxes |
The major source
of local tax revenues is property taxes. Property rates provide 19,89%
of local government own revenue. Trading services provide most of the balance
electricity (41,4%); water (11,8%) and refuse removal (8,22%). It should
be noted that property taxes are only levied in urban areas. The payroll
and turnover taxes levied by District and Metropolitan Councils are an
additional source of tax revenue, generating over R2 billion annually. |
| Intergov-ernmental
transfers |
According to
the most accurate data available, local government received approximately
R2.4 billion in intergovernmental transfers for operating expenditure*
in 1996/97, excluding agency payments. In addition, local government received
approximately R900 million for capital expenditure. |
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Strengths |
Strengths and weaknesses
The present system of local government
has a number of strengths and weaknesses.
On the "strengths" side:
-
municipalities have a fairly well-defined
set of fiscal powers
-
in many cases, municipalities generate
most of their own revenue
-
many municipalities have sound administrative
systems, particularly in urban areas
-
a number of municipalities have successfully
entered the capital markets (they are able to raise loans and attract investment
from financial institutions)
-
many municipalities have exercised due
caution in their budgetary policies and have managed their finances well.
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| Weaknesses |
On the "weaknesses"
side, local authorities have had to cope with increased service delivery
responsibilities at a time when they face problems such as:
-
fragmented township administrations with
insufficient resources
-
service backlogs
-
collapsed or deteriorating infrastructure
-
increased administrative costs
-
upward pressure on salaries
-
non-payment for services (although payment
for services is improving)
-
the difficulty of extending property-taxation
to former township areas, and
-
the loss of experienced finance personnel.
These problems have put pressure on municipal
cash flows and financial management. Many local authorities have managed
this pressure by:
-
spending their reserves
-
reducing their capital expenditure
-
delaying payments to vendors (suppliers)
-
using bridging finance (short term loans),
and
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refinancing or extending their long-term
debt.
The weaknesses described above have lead
to a deterioration of the creditworthiness of municipalities their ability
to borrow money has been reduced. Project Viability - national government's
monitoring exercise, has shown that, overall, the financial position of
local government is deteriorating. |
|
Taxation powers and borrowing
powers |
The Constitution
A restructured system of municipal finance
must be based on the relevant provisions of the Constitution. In terms
of fiscal and financial arrangements, the Constitution states that municipalities
are responsible for their own financial affairs. The Constitution grants
them considerable taxation and borrowing powers (Sections 229 and 230),
but limits municipal taxation powers by stating that they cannot "unreasonably
prejudice" national economic policies and activities. Municipalities are
also not able to levy income taxes or general sales taxes. The Constitution
permits municipalities to borrow, but not for the purposes of funding budget
deficits (in other words, municipalities cannot borrow money to cover shortfalls
in their operating budgets). |
| Intergov-ernmental
fiscal relations |
The Constitution
addresses Intergovernmental fiscal relations in two broad respects:
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Intergovernmental transfers: Section 227
entitles the local government sphere to an "equitable share" of nationally
raised revenue. This is in order that local government can "provide basic
services and perform the functions allocated to it". Municipalities may
also receive additional grants from national or provincial government,
with or without conditions.
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Oversight and regulation of the financial
affairs of municipalities: Clauses 139 (1) (a) and (b) and 155 (7) give
national and provincial government executive and legislative authority
to oversee the performance of municipalities in terms of their functions.
Clauses 229 (1) (b), (2) (b), 230 (1) provide for national regulation over
the fiscal powers of a municipality.
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3. POLICY
OBJECTIVES
In order to meet the fundamental objectives
laid down in the Constitution, the system of municipal finance will have
to be guided by a number of basic policy principles:
Revenue adequacy and certainty
Municipalities need to have access to
adequate sources of revenue - either own resources or intergovernmental
transfers to enable them to carry out the functions that have been assigned
to them. They should be permitted and encouraged to fully exploit these
revenue sources. In the interests of sound planning, there must be some
certainty about revenue. Municipalities should be reasonably certain about
the sources of revenue (where the money will come from), how much they
can expect to receive or raise, and by what date. |
| Affordable
levels of service |
Sustainability
Financial sustainability requires that
municipalities ensure that their budgets are balanced (income covers expenditure).
Given that there are limits to revenue, municipalities need to ensure that
services are provided at levels which are affordable, and that they are
able to recover the full costs of service delivery. |
| Relief
for very poor |
However, to
ensure that very poor households, who are unable to pay even a proportion
of service costs, have access to services, there is a need for subsidisation
of these households.
Effective and efficient resource
use
Municipalities need to make the maximum
use of available resources, effectively and efficiently. Efficiency in
investment and in operation will ultimately increase poor people's access
to basic services.
Accountability, transparency and
good governments
Municipalities should be held responsible
and accountable to the people who provide the resources, for what they
do with those resources. Municipal budgeting and financial affairs should
be open to public scrutiny and constitutents should have a greater voice
in ratifying (giving final approval to) fiscal decisions decisions about
how revenue is raised and spent. Accounting and financial reporting procedures
must minimise opportunities for corruption and malpractice.
Equity and redistribution
Municipalities must treat people equitably
that is, fairly and justly when it comes to the provision of services.
Equally, municipalities must be treated equitably by national and provincial
government when it comes to intergovernmental transfers.
It is a basic principle of public finances
that central governments are better placed to subsidise the provision of
basic services than local government. The "equitable share" of national
revenue which local government is entitled to should be used primarily
for targeted subsidies to poorer households. In addition, municipalities
can cross-subsidise between high and low income consumers. This can occur
within particular services (for instance, electricity provision), and between
services (for instance, between electricity and sanitation). How much to
cross-subsidise is a local choice that needs to be taken carefully, with
due coonsideration for the impact on the local economy.
Development and investment
In order to deal effectively with
backlogs in services, there is a need for the maximum possible investment
in municipal infrastructure. In restructuring the municipal fiscal and
financial system, underlying policies should encourage the maximum possible
degree of private sector investment.
Macroeconomic investment
Municipalities form an integral part
of the broader public sector in South Africa. Their actions can have a
substantial effect on national policy. Municipalities need to operate within
the national macroeconomic framework. Their financial activities of municipalities
should support rather than destabilise national fiscal policy.
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4. A FRAMEWOK FOR A NEW MUNICIPAL
FINANCIAL SYSTEM
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4.1. Local revenue instruments and policies
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| Local
fiscal autonomy |
The power to
tax is essential for promoting sustainable and accountable local government.
There are four important areas of local fiscal autonomy in taxation:
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the choice of tax to be imposed
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the definition of the tax base
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the choice of the tax rate, and
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tax administration.
The choice of tax rate is by far the most
important means of promoting the fiscal autonomy of local government. The
freedom of municipalities to vary the tax rate strengthens accountability
as constituencies can challenge municipalities about the cost of service
provision. |
| Own
revenues fund most expenditure |
Municipalities
need to have access to the necessary sources of revenue and budgetary powers
to succesfully carry out the functions that the Constitution assigns to
them. Municipalities do generally have sufficient revenue raising powers
to fund most of their expenditure. On average they finance 90% of their
recurrent expenditure (operational or running costs) out of own revenues,
and in particular from property rates and user-charges (for services).
These sources of revenue are traditional for local government throughout
the world and are consistent with the previous system of financing local
government. |
| Own
revenues insufficient in most rural areas |
However, these
figures give the overall picture and hide the fact that there are great
variations across the country. Rural municipalities fund less of their
expenditure from own revenue than do urban municipalities. In fact, many
municipal services in rural areas are provided for by national and provincial
departments. A more accurate picture will only become clear when rural
local government becomes functional and assumes responsibility for the
provision of the bulk of these services. |
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Property rates
The major source of local taxation is
the property tax (or rates) which, currently, is levied only in urban areas.
Government will need to address four main issues with regard to property
tax: |
| Extending
tax base |
First, the
issue of bringing currently untaxed areas into the tax net. The newly amalgamated
urban municipalities (which bring formerly black and white areas into one
municipality) have decided in principle to extend the tax base to previously
unrated areas. However, most former black areas remain outside of the property
tax net. Effective measures to integrate these areas into the property
tax net need to be determined and implemented. Currently, property rates
are still not being uniformly applied, and property valuations are often
disputed. |
| Variations
in the rating system |
Second, there
is the issue of variations in the rating system with regard to the tax
base. Presently, municipalities use one of three tax bases:
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rating the unimproved value of the land
only (the value of the land without buildings or developments on it)
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rating the improved value of the land
(the value of the land, including buildings or developments)
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rating both the land and improvements,
but at different rates (that is, the land at one rate and the improvements
at a different rate).
The key decision that needs to be taken
is whether there should be a uniform national system, or whether there
should continue to be local choice in this matter. |
| Valuation
periods |
Third, the
issue of valuation periods needs to be addressed. In many areas, properties
ar not valued regularly. A process for regularly updating property values
needs to be determined. Again, the question of national versus local choice
in valuation periods needs to be decided. |
| Agricultural
land tax |
Fourth, the
introduction of an agricultural land tax at the local sphere needs to be
investigated further. There is evidence that income from a land tax would
make only a small contribution to the revenue base of municipalities. There
are also problems of administration and affordability. However, in the
interests of equity, it would make some sense to introduce some form of
land tax. |
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Payroll and turnover tax |
Metropolitan and District levies
The major source of revenue for metropolitan
and district councils are the regional services and establishment levies
(payroll and turnover tax). While these levies may be considered economically
inefficient, they raise about R2.1 billion of revenue in South Africa.
It is unlikely that the local fiscus could afford to lose this income.
However, attention should be given to improving this levy system. |
| Fuel
levy |
Previously,
metropolitan and district councils received a fuel levy, collected by national
government, of one cent per litre. This has now been allocated to provincial
and national government to fund public transport. However, the fuel levy
is generally considered to be an appropriate tax for the local sphere because
it can clearly be shown where the money originates and it targets the more
affluent in the community and business. It also has considerable growth
potential. If applied also outside metropolian and district councils, it
could provide considerable income. |
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Cost recovery |
User charges
Another important source of local own
revenue are charges which are directly related to the provision of services.
The majority of these are public utility charges such as electricity and
water. Cost recovery is an important principle to ensure efficient and
effective delivery of basic services. If municipalities are unable to recover
the full costs of providing these services, they will be unable to maintain
the infrastructure created for these purposes. |
| Municipal
Infra-structure Programme |
National government
has provided a capital grant package, the Municipal Infrastructure Programme,
to assist municipalities to meet the capital costs of addressing backlogs
in infrastructure. |
| Tariff
policy |
Consideration
also needs to be given to establishing a national guideline for local tariff
restructuring. Some of the principles that should guide tariff policy include:
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ability to pay: this would ensure that
the poorest people are not excluded from basic services
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fairness: Tariff policies should be fair.
All people should be treated equitably and individuals or groups should
not be discriminated against.
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payment in proportion to the amount consumed:
as far as possible, consumers should pay in proportion to the amount of
service consumed.
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full payment of service costs: all households,
with the exception of those who are too poor, should pay the full costs
of the services consumed.
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transparency: Tariff policy should be
transparent (clear and easily available) to all consumers and any subsidies
or concessions which exist must be visible and understood by all consumers.
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local determination of tariff levels:
Municipalities should be able to develop their own tariffs in keeping with
the above principles.
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consistent tariff enforcement: A consistent
policy for dealing with non-payment of tariffs needs to be developed. This
must be targeted and enforced with sensitivity to local conditions.
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| Additional
revenue-raising powers for LG? |
In addition
to the above categories of revenue (rates, service charges, levies), consideration
needs to be given to adding to the revenue raising powers of local government. |
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A viable system of financing |
Financing municipalities in rural areas
If we accept that the richest municipalities
are able to fund most of their expenditure from own revenue, it follows
that a substantial portion of the share of the national fiscus (revenue
collected by national government) reserved for local government will be
directed towards rural, rather than urban, municipalities. However, other
mechanisms to improve the financial viability of rural local government
are required. Some structural proposals, such as the amalgamation of rural
councils with small towns will bring some cost savings. Also, the possible
land tax mentioned above would generate additional revenue. Other options
which could be considered include: |
| Measures
to improve financial viability |
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Sectoral funding for infrastructure could
be directed via local government to strengthen local capacity
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Raising loans for capital expenditures
in rural areas - the loans can be paid back through "betterment taxes"
taxes on those groups and individuals whose properties are clearly improved
through the expenditures.
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raising revenue from industries which
have an impact on the environment.
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the possibility of local government harnessing
the flow of revenue, small though it may be, in communal land areas.
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Each of these
options is complex and needs to be viewed against wider policy considerations.
Some of the options may be more popular or viable than others. What is
clear, however, is that rural local government will not be able to function
effectively in the future without combining to best advantage some of these
options, and/or other options.
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4.2. Intergovernmental Transfers (IGT)
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Intergovernmental
transfers, now as in the past, are an important part of the relationship
between national and local government. However, the existing system of
intergovernmental transfers has a number of basic problems which call for
a restructuring of the system. |
| Problems
with IGT system |
The problems
include:
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the grant system is inequitable and inconsistent
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the grants are uncertain and unpredictable
there is no guarantee as to how much each municipality will receive each
year
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the grants are not based on objective
criteria (a clear set of rules and conditions) they are open to possible
political manipulation, and
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the incentives built into the system tend
to encourage rather than discourage poor financial management behaviour
by municipalities.
The design of intergovernmental transfers
needs to consider:
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the existing revenue powers and capacities
of municipalities
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the "equitable share" requirement in the
Constitution whereby municipalities should have access to adequate funds
to enable them to provide basic services and perform their functions.
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national fiscal constraints (the limit
to the amount of money available for this purpose from the national fiscus).
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| Guiding
principles for IGT system |
With these
goals in mind, we can identify three guiding principles:
First, intergovernmental transfers
must be rational. In other words, the level (amount to be transferred),
as well as the distribution of transfers (where funds are to be transfered
to) must be based on:
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Equity: intergovernmental transfers should
be used in the provision of basic services to ensure that all households
have access to a certain minimum level of basic services
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Efficiency: the system of intergovernmental
transfers should promote, not dampen, economic and administrative efficiency
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Spillover effects: intergovernmental grants
must be used to promote investment in important infrastructure, beneficial
to the wider community
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Promotion of democracy: intergovernmental
grants could also be used to develop municipalities, particularly those
in rural areas, into functioning administrative bodies.
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Second, intergovernmental
transfers must be a predictable source of revenue for local government.
Knowing when and how much they will receive will bring certainty to local
spending and will promote the credibility of democratic municipalities.
Third, intergovernmental transfers
must be accountable. Transfers must be efficiently spent for their stated
purposes and respond to the needs of the communities concerned. |
| The
size of the total grant fund |
Decisions have
to be made about size of the total grant fund, and how it is allocated
among recipients. The size of the total grant fund could be determined
in one of two ways. Either it could be determined according to a set formula
a specified share of national government revenues. Or, it could be determined
by an ad hoc political decision. |
| Ad
hoc approach |
The ad hoc
approach gives the national government more flexibility in controlling
the demands made by the local government sphere on national budget resources.
It enables national government to make short-term rearrangements and to
formulate stabilisation policies. However, it creates a problem of uncertainty
in municipal budget planning because the flow of revenue may be erratic.
Also, the transfers may not keep up with either inflation or real income
growth. |
| Formula
approach |
The formula
approach, where the total grant fund is determined as a specified share
of national government revenues, would still be sensitive to conditions
in the economy. For example, if national revenues decline as a result of
a downturn in the economy or other macroeconomic factors, the amount in
the fund would also decline. However, the formula approach does perhaps
provide for a greater degree of local autonomy. |
| Size
of transfers |
Similarly,
how the fund is distributed could also be determined either by formula
or on an ad hoc basis. The formula could seek to equalise fiscal
capacity (give more to municipalities with weaker fiscal capacity) or to
reduce disparities in the levels of service provision among municipalities.
Such a formula would reduce uncertainty about the shares of individual
municipalities. It would be fully transparent and in keeping with the system
of local government as an autonomous sphere of government. |
| Options
for distribution |
The following
are options for distributing transfers from national to local government:
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the provinces carry out the administrative
functions of distributing transfers on behalf of national government. The
funds would be earmarked for the use of local government only.
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national government transfers funds to
metropolitan or district councils which then administer the distribution
to local government.
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direct transfer from national government
to primary local structures (individual municipalities), based on a national
formula.
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4.3. Municipal Borrowing
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| Private
sector investment essential |
The strong
capital market in South Africa (banks and other lending institutions) provides
an additional instrument to strengthen the system of municipal finance.
Increased private sector investment in the municipal sector is essential
if the the basic RDP targets are to be met. |
| Financial
discipline and account-ability required |
National government
seeks to maximise private sector investment in the municipal sector. However,
this has to be done without undermining financial discipline for example,
municipalities cannot borrow simply to balance their budgets and pay for
over-spending. There is also a need to limit the liabilities that municipal
borrowing might impose on national government. |
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Safeguards
need to be put in place to ensure that municipalities borrow responsibly.
Borrowing from the competitive capital market should in itself help to
promote accountable local government. In order to have access to this market,
municipalities will need to have accurate and appropriate financial accounting
and reporting systems. Also, there needs to be full disclosure of information
to the public. This will increase transparency and promote public accountability
and market discipline. |
| Enhance
expenditure efficiency |
A further advantage
of competitive, responsible borrowing for infrastructure provision is that
it can enhance the efficiency of municipal spending. For example, a road
which is financed by borrowing from the capital market will be paid for
over time, not only by current users of the road but also by future users. |
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Sustainable market for municipal
debt |
The aim of
borrowing is not to produce a short-term inflow of subsidised funds to
municipalities. Rather, it is to develop a sustainable market for municipal
debt, where the risk is properly priced. In the long term, private sector
investment should become increasingly available to municipalities, at a
decreasing cost. It should be one of a widening range of options for municipal
financing. For this to happen, national government needs to create the
right regulatory and institutional environment. This includes developing
and making clear the "rules of the game" in terms of the following matters: |
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Measures to develop market
for municipal debt |
Regulatory framework
Recent changes in legislation in particular,
the Local Government Transition Act Second Amendment Act have extended
the borrowing powers of municipalities and brought order and uniformity
into the previous practices inherited from the Provincial Ordinances. There
is a need to examine the possibility of extending these powers further,
in the long term and as circumstances permit. The longer term aim would
be a vibrant and innovative primary and secondary market for short and
long term municipal debt. Measures need to be put in place to ensure this.
The Local Government Transition Act
(LGTA) opened up (liberalised) the regulatory framework for municipal investment.
Certain types of investment can enhance the creditworthiness of municipalities.
Improved creditworthiness in turn can strengthen the principle of municipal
autonomy and needs therefore to be extended. However, this should not mean
that municipalities overtax in order to fund unnecessary investment exercises.
The regulatory role of central and
provincial government regarding municipal borrowing and investment needs
to be further defined. This includes clarifying the rules and procedures
around debt default and higher level intervention when municipalities run
into financial trouble.
Improving creditworthiness
A range of mechanisms may be used to enhance
the general credit position of municipalities their ability to borrow from
the capital market. These include:
-
partial guarantees
-
municipal bond insurance
-
treasury trusts
-
interception of intergovernmental transfers
-
debt syndication
-
bond banking, and
-
revenue ringfencing (structured financial
transactions)
Some of these measures require deregulation
(the lifting of restrictions on municipal access to certain types of financial
instruments). Other measures require government intervention or regulation.
Options appropriate to South Africa need to be explored further.
In addition to the measures outlined
above, other measures to improve the financial management of municipalities
would also improve their creditworthiness. These include:
-
improved municipal accounting systems
-
the provision of relevant and reliable
information
-
a framework for supervision by other spheres
of government and intervention when failure occurs, and
-
establishing fiscal certainty.
Concessional Loan Finance
Municipalities have fairly extensive borrowing
powers. However, since a large majority of municipalities are not able
to demonstrate creditworthiness, they are unable to borrow on the capital
market. Concessional loan finance can play an important role in enabling
municipalities which cannot gain access to credit from the capital market
to borrow at an affordable price. |
| The
DBSA |
The government's
main vehicle for such financing is the Development Bank of Southern Africa.
The DBSA has recently been restructured with a focus on supplying finance
to infrastructure projects. However, the following points need to be kept
in mind: |
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-
Where public sector intermediaries such
as the DBSA are involved, care must to taken to ensure that the government
does not subsidise the borrower in a manner which not transparent or clearly
quantified that is, where the extent of the subsidy is not absolutely clear.
-
Public bodies such as the DBSA do not
compete on a level playing field with private sector institutions. There
is therefore a danger that they will "crowd out" or discourage private
sector investment. This would have a negative impact on the development
of an effective market for municipal debt and reduce the overall level
of investment in the municipal sector. The role of public sector institutions,
such as the DBSA, needs to be aimed at supporting, rather than contradicting,
the financial market system, in order to build effective financing systems
in the long term.
-
Concessional finance sources could introduce
the discipline of loan finance to municipal institutions which find it
difficult to access private markets. This discipline in the way municipalities
conduct their financial affairs should be a basic principle of concessional
loan finance so that, in the longer term, such municipalities will be able
to satisfy the requirements of the markets and so gain access to private
sector investment.
The DBSA clearly has an important role
to play in making loan finance available to municipalities. However, because
of the potential difficulties discussed above, there is a need for ongoing
monitoring and refinement of the role of the DBSA and its relationshipto
private sector financial institutions. |
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4.4. Budgeting, Accounting and Financial Reporting Systems
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| Accounting
systems inadequate |
The current
budgeting, accounting, financial reporting and management practices of
many municipalities are deficient. One of the problems is that the municipal
accounting system does not accurately show the real financial position
of a municipality. This means that Councils are unaware of any deterioration
in their financial position as it is occurring. This in turn means that
municipalities are unable to take corrective action in time. It also means
that private sector institutions are reluctant to invest. |
| Budgets
inaccurate |
One of the
chief problems with the current budgeting process is that the budgets which
are agreed and submitted to national government do not accurately reflect
the balance between revenues (income) and expenditure. Frequently, for
example, municipalities make no provision for bad debt, even when collection
rates are low and credit control measures are weak. |
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Also there
is little multi-year forecasting of current revenues and most municipalities
do not have realistic long-term capital budgets. Measures need to be put
in place to ensure that budgeting is realistic. In addition, to ensure
accountability, the municipal budgeting process must be open to public
scrutiny (inspection) and cosntituents should have a greater voice is approving
fiscal decisions (decisions relating to taxation). |
| Further
reform of accounting systems |
Municipal accounting,
and in particular, the formats used for financial reporting, have recently
undergone siginificant reform. However, there is room for significant improvement,
particularly with respect to the system of internal fund and reserve accounts,
capital accounting, and the financial reporting duties of officials and
councils. National government needs to ensure that systems and processes
are developed and introduced, in line with international best practice. |
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In Conclusion
Apartheid resulted in an unworkable fiscal
and financial system in South Africa. A new policy on local government
finance is essential. This must include significant improvements in local
government finance information systems. There are still large gaps in available
ainformation (for example, there is insufficient information on the financing
of municipalities in some rural areas). Further information is needed on
these and other aspects before any uniform national policies are implemented. |