8 February 1999
Five years of Governance
The Ministry for Provincial Affairs and Constitutional Development
1. Introduction
The key task facing the Government upon coming to power in 1994 was to create and manage a new order. One of the fundamental ways to do this successfully was to usher in a new constitution.
The key responsibility of this ministry was to manage the implementation of this constitution. Responsibilities linked to this role and therefore handled by the Department of Constitutional Development are:
Constitutional Affairs
Local Government
Traditional Affairs and
Inter-governmental relations.
In this summary we highlight key achievements in these four areas in the five years of governance.
2. Constitutional Affairs
The Making of the new constitution was key highlight in the work of the Department of Constitutional Development. Critical support for the constitution making process was made available. Specialist inputs offered in this process-included research and advice on all constitutional issues.
The department also offered professional and administrative Support to statutory bodies such as the Volkstaat Council and for the non-statutory bodies such as the Task group on Local Government elections.
One of the most important programmes we continue to be engaged in is the Promotion and development of the new constitution. Through declaring focus constitution focus week and planning activities related to constitutional Education. Last year's theme as you may well be aware was the rights of Women and children. We have been in very productive discussions with the department of Education to consider making constitutional Education part of the School Curriculum
The department co-ordinated, the preparation for the establishment of a commission for the Promotion and Protection of the rights of Cultural, Religious and linguistic communities as provided for by SECTION 185 constitution. To this end a debate was held in the National Assembly and all provincial legislatures on the 4 August 1998. This debate culminated into a major conference on the 24 September 1998 - Heritage Day where various stakeholders exchanged views on how this commission must be structured.
Mediation in several border disputes in the country was also part of our responsibility in the last four years. We are satisfied in the manner in which these were dealt with. The Mpumalanga border dispute took a bit longer to resolve - at the moment this matter is in the hands of the Provinces themselves and we consider it reasonably resolved.
3. Local Government
The ministry 's task in relation to the transformation of local government was surely one of the most challenging given the state of shambles that local governance in the previous order was. The challenge was on various levels - the restructuring of governance, Delivery of Services and also engendering a new sense of responsibility amongst citizens. On another level the Department provided much needed Local Government Elections Support.
In order to meet these challenges the following programmes were embarked upon in the last five years.
White Paper on Local Government
The most inclusive process of consultation was embarked upon to develop the government's local government transformation vision as contained in the White Paper on local government. This policy framework was launched on the 9 March 1998. Emanating out of this process is the Legislation on The Demarcation Authority- already passed by parliament; The Municipal Structures Act - signed into law in December 1998 and the Municipal Systems Bill -still in the draft process.
Masakhane
Launched for the first time in 1995, this campaign was evaluated and re-focused-it aims at mobilising all sectors of society to actively involve them in redressing imbalances of the past. It also seeks to create a society characterised by new norms and values, a new consciousness and sense of responsibility among all citizens with a view to transforming governance and building a new nation. This year's Masakhane Focus Week will be from the 1 to 17 October 1998.
Assisting in the establishment of the South African Local Government Association.
Introduction of the municipal infrastructure programme for the long-term provision of municipal infrastructure.
The rural Administrative Infrastructure Development Programme.
Project Liquidity, an early warning system to identify municipalities with actual or possible cash flow problems.
Policy on Municipal International Relations was developed and establishment of the Local Government Desk at the Southern African Development Community.
Overseeing the completion of the Local Government Transition as provided for by the Local Government Transition Act.
Municipal Finance.
The area of municipal finance is of great concern to us hence the introduction of Project Viability - a monitoring programme identifying approximately 260 municipalities that would be experiencing financial difficulties by the end of 1997. While on finances, this year saw the introduction of the equitable share- where Municipalities receive their share of nationally raised revenue directly from Central Government. The main implications of the new transfer system are (1) it will introduce greater consistency and predictability into the revenues of municipalities thus improving their capacity to budget properly and borrow at reasonable rates.
(2) The intergovernmental transfer will provide municipalities with resources to render basis services to poor households and enable them to build an administrative infrastructure.
(3) As this is an unconditional grant, it will be up to Municipalities to determine their own mechanisms for passing this subsidy on to the poor, and establishing appropriate targeting mechanisms for this purpose. This system will be phased in over a five year period for urban municipalities and a seven year period over for rural municipalities, thus giving municipalities that have been disadvantaged under the new system sufficient time to make the necessary adjustments.
Developing policy regarding ways of improving municipal revenues including tariff structuring, credit control property taxation, rationalising inter-governmental grants and new revenue sources.
The initiation of Municipal Public Private Partnerships in the delivery of services. The Department pilot programmes comprising of 15 programmes which are at different stages of development. These projects include water and sanitation solid waste management, urban transportation and rural water supply. The establishment of the Municipal Infrastructure Investment Unit is also an important step in enhancing this programme. In all these partnerships, local government does not abdicate its responsibility of ensuring the delivery of affordable sustainable services. The Department gas also facilitated discussions with COSATU on the approach to this question. An agreement: was signed between SALGA and Cosatu in this regard.
A programme to promote integrated development planning a local economic development by Municipalities. To this end later on in the week we will Co-ordination of Disaster management policies and programmes.
There has been increased political attention to the subject of Disaster Management. On 28 June 1995 Cabinet approved that a formal structure for the management of disasters be established. A cabinet committee chaired by Minister Moosa was also established. A national Disaster Management Centre has been established to co-ordinate disaster management actions throughout the country . A White Paper on Disaster management was launched in January 1999
4. Traditional Affairs
The challenge of our new democracy was to ensure that our traditional institutions are respected and given the necessary profile and role in the building of a new era. The following areas of activity have characterised our attempts to ensure that the issue of traditional affairs is high on the Agenda of Government.
The establishment of the council of traditional leaders.
The houses of traditional leaders have been established in six provinces, which have traditional institutions. Close liaison regarding traditional matters with these houses is paramount and assistance has been given to them with regards to leadership, administration remuneration and the settling of chieftaincy disputes.
Remuneration of traditional leader.
There were differences with regards to the remuneration of traditional leaders in various provinces. These disparities have led to the notion that traditional leaders must be remunerated from the national level on an equitable basis. Four Provinces requested the Department to remunerate traditional leaders on an agency basis. This process is now nearing finalisation. As part of this process The Remuneration of Public Office Bearers Bill is also being looked at, as it will set guidelines as to the level of remuneration of traditional leaders. White paper on traditional affairs.
At present we have started a process of extensive consultation to formulate a more coherent policy on traditional affairs. The next government will complete this process. The first phase of this process is the compiling of the Status Quo report which will cover the following topics (1) Audit of traditional leaders, remuneration and situation (2) Structural / functional relationship (local provincial and national) (3) Relationship with local and other spheres of government (4) Houses of traditional leaders issues and (5) Community values and definition aspects. Establishment of a directorate on traditional affairs: A chief directorate for traditional affairs was established during 1997 as a commitment of the DCD towards traditional affairs.
5. Inter-governmental Relations
One of the most fundamental tasks of this branch is the establishment and the upholding of systems of mutual Cupertino among spheres of governmental. This includes the co-ordination of inter-governmental relations through the Inter Governmental Forum and the Technical Intergovernmental committee (TIC).
The Ministerial committee for meetings between the Minister for Provincial Affairs the Chairperson of SALGA, MEC's for Local Government known as MINMEC is one of the most prominent inter-governmental forums facilitating co-operation on a political level.
To date a number of Government initiatives have been taken to give cognisance to the policy and legislative requirements envisaged in Chapter 3 of the constitution. The Department has been tasked to play a leading role in this regard and has therefore embarked on a comprehensive consultative process involving all relevant role players on a national basis in the policy development process on co-operative government and intergovernmental relations. This will include among others an in-depth research and audit of existing and functional inter - governmental systems and structures.
The minister has also taken the initiative to visit provinces in order to:
1) to identify together with provinces indicators on whether the province is functioning well or is in a crisis,
2) To come up with a report with assistance from the provinces, that will be tabled before the cabinet. The minister has already visited Mpumalanga, Northern Cape, Northern Province, The Eastern Cape and KwaZulu Natal. The rest of the provinces will all be visited before the end of October.