ANNUAL REPORT OF THE PORTFOLIO COMMITTEE ON PROVINCIAL AND LOCAL
GOVERNMENT 2006 1. NAME OF COMMITTEE: Portfolio Committee on Provincial and Local Government. Chairperson: Ms N R Ntshulana-Bhengu. Acting Chairperson: Mr M M S Lekgoro Chairperson: Mr S L Tsenoli 2. CHAIRPERSON’S OVERVIEW: The Portfolio Committee has worked tirelessly to ensure that we cover and complete the program that we agreed on at the beginning of the year. A key element of the program was to hold the department and other accounting institutions accountable to Parliament as required by the Constitution and relevant legislation. The activities of the Committee brought to bear the challenges facing the department and these institutions. It is clear from these engagements that the Committee needs to develop a more aggressive oversight program to ensure that the issues raised by the Portfolio Committee are energetically pursued by the department and these institutions. Whilst it was not possible for the Portfolio Committee to call before it all institutions and organizations that do work in the local government sphere. A few of these were invited to Parliament to share their experiences and challenges. These engagements were highly valuable and enriched the committee's work. I wish to thank all members of the Portfolio Committee for their cooperation and commitment to the work of the Committee and making it possible for us to achieve our objectives. On behalf of the Committee I wish to thank the Minister and Deputy Minister, the department and the Director-General in particular for a good working relationship we had and the good leadership they provided to the department. 3 (A) MISSION. To contribute to the effective implementation of the system of cooperative governance and intergovernmental relations enshrined in the Constitution. To contribute to the effective implementation of the new model of local government. To contribute, as appropriate, to the effective functioning of provincial government as part of the cooperative governance system. To contribute towards defining the role of traditional leaders in a democratic South Africa. To seek to ensure that the system of governance facilitates significant delivery and development in the country. To attend to issues related to disaster management, cultural rights and other matters dealt with by the Ministry and Department of Provincial and Local Government. 1
June 2004 to June 2005. July 2005 to September 2005. October 2005 to date.
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To facilitate public participation in parliament relating to the above issues. To effectively play an oversight role of the Ministry and Department of Provincial and Local Government.
(B)
VISION Maintaining an effective and efficient Portfolio Committee that is able to legislate and provide oversight on all local government related entities, thereby enhancing the consolidation process of a non-racial, non-sexist, prosperous, democratic South Africa.
4. LIST OF ENTITIES REPORTING TO THE COMMITTEE: (i) (ii) (iii) (iv) (v) (vi) (vii) The Department of Provincial and Local Government. (DPLG) South African Local Government Association (SALGA) Municipal Infrastructure Investment Unit (MIIU) Local Government Sector Education and Training Authority (LGSETA) Municipal Demarcation Board (MDB) Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) National House of Traditional Leaders (NHTL)
5. NUMBER OF METINGS HELD AND THOSE CANCELLED: Meetings held Meetings cancelled 20 1
Date 7 February 2006
Agenda Briefing by Rand Water on Annual Report 2005 Budget Review: Ministry and Department Budget Review: SALGA, NHTL, MDB
Minutes adopted + date Yes – 14 February Yes – 21 March Yes – 21 March
Cancelled meetings N/A
Reasons for cancellation N/A
13 March 2006
N/A
N/A
14 March 2006
N/A
N/A
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15 March 2006
Budget Review: LGSETA, MIIU, CRL Commission Briefing by SALGA on Annual Report 2005 Annual Strategic Planning Workshop Adoption Budget Review Report Adoption of Report on Tabling of Annual Reports Briefing by DPLG on National Spatial Development Adoption Budget Review Report Adoption of Report on Tabling of Annual Reports
Yes – 21 March
N/A
N/A
16 March 2006
Yes – 28 March Yes – 23 May Yes – 23 May
N/A
N/A
29 March 2006
N/A
N/A
16 May 2006
Yes
Members attending funeral of late Minister Sigcau N/A
23 May 2006
Yes – 30 May
N/A
30 May 2006 31 May 2006 6 June 2006
Briefing on Disaster Management Briefing on Disaster Management
Yes – 6 June Yes – 6 June
N/A N/A N/A
N/A N/A N/A
Joint meeting with PC on Sport and Yes – 13 June Recreation on 2010 World Cup Bid Briefing by DPLG, IEC and Youth Commission on Youth Development Briefings by 9 hosting cities on their state-of-readiness in respect of the 2010 World Cup (Joint with PC on Sport and Recreation) Yes – 29 August
13 June 2006
N/A
N/A
29 August
Yes - 20 September
N/A
N/A
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5 September
Follow-up meeting with SALGA Yes - 20 September on Financial Statements and Report for 2004 – 2005 (Joint with SC on Local Government and Administration)
N/A
N/A
12 September
Presentation by the South African Cities Network on the State-OfCities Report Briefing by Mr H Binswanger on Community Participation and Development Briefing on Annual Report and Financial Statements of: - Department of Provincial and Local Government - Municipal Demarcation Board - CRL Commission Briefing on Annual Report and Financial Statements of: - National House of Traditional Leaders - Local Government: Sector Education and Training Authority - Municipal Infrastructure Investment Unit Consideration of the following Reports: - Oversight visit to Oudtshoorn - Oversight visit to Provincial Disaster Management Centres
Yes - 20 September
N/A
N/A
19 September
Yes - 20 September
N/A
N/A
17 October
N/A
N/A
24 October
N/A
N/A
31 October 2006
N/A
N/A
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- Study Tour of Kerala, India - Report on Annual Reports and Financial Statements 7 November 2006 - Briefing on Annual Report and Financial Statements of Rand Water - Adoption of Report on: - Oversight Visit to Oudtshoorn - Oversight Visit Provincial Disaster Management Centres - Follow-up engagement with SALGA - Consideration and adoption of: - India Study Tour Report - Committee Annual Report N/A N/A
14 November 2006
N/A
N/A
6. LEGISLATION REFERRED TO THE COMMITTEE: Legislation None Referral Date Briefings by Department Public Hearings Adoption (Amended/Not) Report Publication Debate in House
7. PAPERS (INTERNATIONAL AGREEMENTS, PROTOCOLS, REPORTS) REFERRED : Papers Memorandum on Vote 5 – “Provincial and Local Government”, Main Estimates, 2006 – 2007 Referral Date 8 March Consideration Date 13 March – Ministry and Department 14 March – SALGA, NHTL, MDB 15 March – LGSETA, MIIU, CRL 28 March Publication (ATC) 24 May, No 56 2006 Adoption 23 May
Report and Financial Statements of the South African Local Government Association (SALGA) for 2004-
6 June
24 May, No 56 2006
23 May 5
2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 21 – 2006] Letter from the Minister for Provincial and Local Government dated 11 May 2006 to the Speaker of the National Assembly, in terms of section 65(2)(a) of the Public Finance Management Act, 1999 (Act No 1 of 1999), explaining the delay in the tabling of the Annual Report of the South African Local Government Association (SALGA) for 2004-2005 Medium Term Performance Plan of the Department of Provincial and Local Government for 2006 to 2009 Government Notice No 362 published in Government Gazette No 28740 dated 13 April 2006: Publication of Local Government allocations and frameworks, in terms of the Division of Revenue Act, 2006 (Act No 2 of 2006) 6 June 5 September N/A 20 September
19 June
N/A
N/A
N/A
19 June
N/A
N/A
N/A
Exchange of Letters between the Government of the 19 June Republic of South Africa and the Federal Republic of Germany concerning the Project: Legislative Drafting Programme, tabled in terms of section 231(3) of the Constitution, 1996 Explanatory Memorandum on the Exchange of Letters between the Government of the Republic of South Africa and the Federal Republic of Germany concerning the Project: Mpumalanga Rural Development Programme Exchange of Letters between the Government of the Republic of South Africa and the Federal Republic of Germany concerning the Project: Technology Diffusion through Technikons, tabled in terms of 19 June
N/A
N/A
N/A
N/A
N/A
N/A
19 June
N/A
N/A
N/A
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section 231(3) of the Constitution, 1996 Explanatory Memorandum on the Exchange of Letters between the Government of the Republic of South Africa and the Federal Republic of Germany concerning the Project: Technology Diffusion through Technikons Government Notice No 416 published in Government Gazette No 28795 dated 12 May 2006: Setting out particulars of the area demarcated by the Municipality of Emalahleni which shall constitute as an urban development zone, in terms of section 13 quat of the Income Tax Act, 1962 (Act No 58 of 1962) Draft Local Government: Municipal Performance Regulations for Section 57 Employees, 2006 in terms of section 120(7) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000) General Report of the Auditor-General on the Provincial Audit Outcome for 2004 – 2005 [RP 99 – 2006] Government Notice No 669 published in Government Gazette No 29010 dated 21 July 2006: Notice setting out particulars of the areas demarcated by the Municipality of Matjhabeng in terms of section 13 quat of the Income Tax Act, 1962 (Act No 58 of 1962) Report and Financial Statements of Vote 5 – Department of Provincial and Local Government for 2005 – 2006, including the Report of the AuditorGeneral on the Financial Statements of Vote 5 for 2005 – 2006 19 June N/A N/A N/A
11 July
N/A
N/A
N/A
11 July
N/A
N/A
N/A
3 August
N/A
N/A
N/A
21 August
N/A
N/A
N/A
29 September
17 October
1st Term 2007
1st Term 2007
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Report and Financial Statements of the Municipal Demarcation Board for 2005 – 2006, including the Report of the Auditor-General on the Financial Statements for 2005 – 2006 [RP 140 – 2006] Report and Financial Statements of the Municipal Infrastructure Investment Unit (MIIU) for 2005 – 2006, including the Report of the Auditor-General on the Financial Statements for 2005 – 2006 [RP 196 – 2006] Report and Financial Statements of the National House of Traditional Leaders for 2005 – 2006 Quarterly Report of the Auditor-General on the submission of financial statements by municipalities and the status of audit reports as at 30 June 2006 for the financial year ended 30 June 2005 [RP 153 – 2006]
29 September
17 October
1st Term 2007
1st Term 2007
29 September
24 October
1st Term 2007
1st Term 2007
29 September
24 October
1st Term 2007
1st Term 2007
10 October
N/A
N/A
N/A
REPORTS: REPORTS REFERRAL DATE CONSIDERATION DATE REPORT PUBLICATION 24 May, No 56 2006 DEBATE IN HOUSE N/A
Report on Annual Reports and Financial Statements for 2005
DPLG – 29/09/05 MDB – 7/09/05 MIIU – 13/09/05 LG:SETA – 13/09/05 CRL Commission – 29/09/05 NHTL – 30/09/05
DPLG – 13/09/05 MDB – 30/08/05 MIIU – 16/08/05 LG:SETA – 23/08/05 CRL Commission – 13/09/05 NHTL – 30/08/05 SALGA – 16/03/06 DPLG – 13/03/06 SALGA – 14/03/06 NHTL – 14/03/06
Budget Vote 5 – Provincial and Local Government
8 March
24 May, No 56 2006
24 May 2006
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MDB – 14/03/06 LG:SETA – 15/03/06 MIIU – 15/03/06 CRL Commission – 15/03/06 Report on Oversight Visit to Oudtshoorn Report on Oversight Visit to Provincial Disaster Management Centres Report on International Study Visit to Kerala, India Committee Annual Report 2006 N/A 7/11/06 16 November , No 157 - 2006 16 November , No 157 - 2006 N/A
N/A
7/11/06
N/A
N/A
14/11/06
N/A
N/A
N/A
14/11/06
N/A
N/A
8. OVERSIGHT VISITS Objective Date Delegation Place Report adopted Yes, 7/11/06
Oversee functioning of the Oudtshoorn Municipality in respect of all relevant legislation, functioning of ward committees and the impact of projects on the community
14 September 2006
Mr S Mshudulu (ANC) Mr I Mogase (ANC) Mrs M Gumede (ANC) Mr G Phadagi (ANC) Mr W Doman (DA) Mr M Swathe (DA)
Oudtshoorn
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9. INTERNATIONAL VISITS Objective To interact with key policy makers behind the system of public participation. To interact with implementers and practitioners. To examine the systems institutional, financial, regulatory framework that underpins public participation. To examine the history and other contextually relevant issues that support public participation. Date 6 – 14 August 2006 Delegation Mr S Tsenoli (ANC) Mr M Lekgoro (ANC) Mr I Mogase (ANC) Mr W Doman (DA) Mr P Smith (IFP) Place Kerala, India Report adopted Yes, in 1st Term 2007
10. BUDGET VOTE Referral date 8 March Briefing by Department DPLG – 13/03/06 Hearings SALGA – 14/03/06 NHTL – 14/03/06 MDB – 14/03/06 LG:SETA – 15/03/06 MIIU – 15/03/06 CRL Commission – 15/03/06 Report Publication (ATC date) 24 May, No 56 - 2006
11. ANNUAL REPORTS OF THE EXECUTIVE:
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Referral date MIIU – 29/09/06 LGWSETA – 8/11/06 DPLG – 29/09/06 CRL Commission – 29/09/06 NHTL – 29/09/06
Briefing by Department 17/10/06
Hearings MDB – 17/10/06 MIIU - 24/10/06 LGWSETA – 24/10/06 CRL Commission – 17/10/06 NHTL – 24/10/0605
Report Publication (ATC date) Has been tabled
12. OTHER COMMITTEE ACTIVITIES The Committee dealt with the following: The Committee conducted an “Informal Development Walk” around central Cape Town hosted by the Cape Town Partnership (SA Cities Network) on 15 November 2006
13. FINANCIAL STATEMENTS: (as at 8 November 2006) Budget allocated to Committee: R 500 000.00 Expenditure: Subsistence Domestic: Hotel : Subsistence Domestic: Meals : Subsistence Attendance Travel Air: Domestic Mileage Claims Workshop Fees : : : :
R 35 251.00 R 20 671.00 R 7 200.00 R 78 961.00 R 27 756.00 R 12 481.86 11
Total Expenditure Balance
: :
R 182 320.86 R 317 679.14
14. OUTSTANDING MATTERS: The following matters are to be taken up by the Committee in 2007: Briefing by SALGA on Annual Report and Financial Statements for 2006 Consideration and adoption of Report on Annual Reports Strategic Planning Workshop with Ministry and Department on programme of action for 2007/08 Briefing by DPLG on “Research Report on Capacity” Discuss and plan the study visit to rural nodes Discuss and plan remaining disaster centres Discuss and plan oversight visit to 2010 Host Cities Discuss and plan follow-up visit to Oudtshoorn Municipality Discuss and plan oversight visit to metros and districts Discuss and plan oversight visit to SALGA provincial offices Receive briefings on the status of the Ministerial Imbizo reports Possible intervention in respect of Winterveldt Redevelopment Programme Briefing on the national capacity building framework Convene a workshop on the challenges and benefits of a developmental local government system Visit to former cross-boundary municipalities and receive presentations from the affected provinces and central government. It’s a bit early for this item; possibly we might want to look at the transitional arrangements by provinces and transfers of assets. Follow up with the Department of Provincial and Local Government on the development of two laws on section 139 of the constitution dealing with interventions and development of city improvement districts.
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Follow-up joint meeting with PC on Safety and Security for briefing by metro-police on outstanding issues in respect of their earlier presentation Follow-up joint meeting with PC on Sport and Recreation to assess work done by host cities for the 2010 FIFA world cup. Follow-up joint meeting with PC on Justice on: implications of the Constitutional 12 th Amendment Bill that was rejected by the Courts. the case of Mkhize as the petition on private members dealing with legislation to seek clarity on the issue of evictions and the selling-off of private property by banks. Follow-up meeting with LG:SETA on the findings of their local government capacity survey. The Committee engage with the Office of the Minister for Provincial and Local Government to receive a report of the outcome of the investigation launched by the MEC for Local Government in the Western Cape to prepare the Committee for a follow-up meeting with the Oudtshoorn Municipality. There was a need for the Committee to arrange a joint meeting with the Department of Provincial and Local Government and National Treasury on issues of adequate start-up grants at all levels and adequate resourcing for disaster management at all spheres of government. The Department of Provincial and Local Government must formulate and conduct capacity building/awareness workshops across all spheres for political support for disaster management. Request the Department of Provincial and Local Government to develop an evaluation and monitoring mechanism to gauge disaster management preparedness across all spheres. Follow-up meeting with CRL Commission to interrogate outstanding issues in respect of their Annual Report and Financial Statements Follow-up meeting with the National House of Traditional Leaders
15. SUPPORT STAFF: Committee Secretary: Control Committee Secretary: Committee Assistant: Secretary to Chairperson: Researcher:
Mr Llewellyn A Brown Mr Lusanda Myoli Ms Bulelwa Madikane Ms Thandi Mhlana None
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……………………………………… COMMITTEE SECRETARY Mr Llewellyn A Brown ……………………………………… CONTROL COMMITTEE SECRETARY Mr Lusanda Myoli ……………………………………… COMMITTEE CHAIRPERSON Mr S L Tsenoli
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