The Municipal Systems Amendment Bill GGLN presentation to
The Municipal Systems Amendment Bill GGLN presentation to the Portfolio Committee for Cooperative Governance and Traditional Affairs 8 February 2011
Introduction to the GGLN � Afesis‐corplan � Fair Share � Black Sash � Foundation for � Built Environment Support Contemporary Research � Idasa Group � Centre for Policy Studies � Isandla Institute � Community Connections � Mvula Trust � Community Law Centre � Planact � Democracy Development � Project for Conflict Programme � Development Action Group � Eastern Cape NGO Coalition Resolution and Development � Socio-Economic Rights Institute � Trust for Community
MS Amendment Bill – general comments Positive shift towards professionalisation Appointment of managers based on skills and qualifications Stronger performance management systems Increased personal and professional accountability “Depoliticise” municipal structures: separation of political office from administrative functions
MS Amendment Bill – concerns 1. Amendments are not retrospective Current appointments are secure Inappropriately skilled managers retain their positions Current managers will still be able to hold political office 2. Managers below a section 56 manager can still hold political office This potentially allows a lower ranking municipal official to have an undue political influence within the municipality given their position in their party
MS Amendment Bill – concerns cont. 3. Municipal Council influential in the appointment of managers Balance of power should remain within the administrative sphere and not be subject to the political realm of the Municipal Council 4. Extension of Minister’s powers Training / skills development of municipal staff; appointment of municipal managers and acting managers; exemption from particular MEC rulings Unclear why this is necessary and procedures are unclear Potentially encroaches on the integrity and independence of local and provincial government
Recommendations The retrospective potential of proposed amendments should be considered If the intention is to “depoliticise” and professionalise, then all amendments should reflect this agenda consistently: Municipal Councils should not be appointing managers that are accountable to the municipal managers All municipal staff should be prohibited from holding political office The lines of authority of the National Minister and MEC should be clearly outlined: How proactive/reactive should the Minister be? How does the Minister’s sphere of influence impact
The GGLN’s overall concern Legislation has limited impact on political culture and behaviour Ultimately, the political climate should promote: Accountability to citizens and residents, and a public service ethos Transparency Democratic public participation by empowered citizens
Thank you For additional information about the GGLN: Chantelle de Nobrega Isandla Institute PO Box 12263, Mill Street, Cape Town, 8010 Ph: (021) 683 7903 Fax: (021) 683 7956 Email: ggln@isandla. org. za
- Slides: 8