Conversations with a City - Abstract of a Libertarian Rant Chris Marshall - Greater Cape Town Civic Alliance
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Author: Chris Marshall Title: CONVERSATIONS WITH A CITY Subtitle: Abstract of a Libertarian Rant Creative Commons Attribution 4.0 Publisher: Raging Bull Monographs LLC Dedicated to my Gem who has to put up with this stuff every day
Contents Synopsis ......................................................................4 Glossary ......................................................................6 Foreword .....................................................................6 Cash Leak ...................................................................9 Carhole Cover ...........................................................10 Zombie Planning .......................................................13 Access to Obfuscation ...............................................16 Safety Last ................................................................18 Power and Money ......................................................19 Rating Property .........................................................20 City in Crisis .............................................................22 The Fairest Cape? .....................................................25 Analysis ....................................................................27 Manifesto ..................................................................29 Abuse of Power .........................................................45 Epilogue ....................................................................46 Appendices ................................................................47
Synopsis Twenty questions, a guessing game in which one player thinks of something and informs his opponents whether it is mineral, vegetable, animal or social. The others in turn ask questions designed to limit the field of inquiry and close in upon the answer. Mineral: which is subject to erosion by wind, water, or other natural agents and turns to dust; Vegetable: which host parasites that consume and harm them until their death; Animal: in which cancer is an uncontrolled growth of abnormal cells that can kill its host; Social: in which a virus can spread and be lethal to much of the population that it infects. I assert that Cape Town‘s obscure bureaucracy, which has tripled in cost in the past decade, is comparable to such a virus. The massive increase in its revenues has not been invested in capital projects to improve the lives of its citizens but appears to have been spent on salaries and benefits for employees and favoured contractors. We now live with congested roadways, inadequate housing, raw sewage flowing into the sea, failed desalination projects, destroyed wetlands... The core competence of the City is 4
to devise new ways to tax its most productive citizens and to install meters to clock up its revenues. But the most alarming number is the huge proportion of Cape Town‘s gross domestic product (GDP) that is consumed by its municipality. It exceeds that of Ho Chi Minh City which is rebuilding after decades of war; double that of New York which provides a much wider range of services; and many more times that of London which maintains an infrastructure much older than Cape Town‘s! I find these discrepancies hard to believe, but the City refuses to disclose details of the source and application of its funds, so we have no option but to accept them as true. And, if true, the administration of the City of Cape Town is amongst the most expensive on Earth. Purpose of this Rant This is based on a collection of letters and emails that I have exchanged in recent years with officials of the City of Cape Town and others. It was prompted by the lock down during the months of March, April and May 2020 due to the COVID-19 pandemic. Like many others I was left with too much time on my hands and too little certainty of the future. So I resorted to collecting and extending some thoughts that I have had in recent years. I hope it provides the reader with some entertainment if not illumination. 5
Glossary CCT representative of the City of Cape Town CJM the author DPT developer and its professional team GEM the author‘s wife GSB Cape Town‘s Graduate School of Business RRR representative of residents and ratepayers symbol representing the lost opportunity cost of a simple housing unit – a green one of course! Foreword In the nearly hysterical early days of the pandemic I searched the internet for information and resources that my wife and I might need during the pending lock down. We had been repeatedly warned that those in our age group were at risk and that we should take particular precautions. Useful information was eventually provided by the City manager‘s office to which my response was: “Thank you for your email that contains useful information that we hope we will not require. My wife and I have worked diligently to invest in and bring tourism business to Cape Town. For twenty five years we have paid ever increasing rates and tariffs while being 6
subjected to increasingly incompetent and corrupt practices – an assertion that I am able and willing to support. In recent years we have had to subsidise our payroll from our savings as the City devours an ever larger share of our revenues. Now these revenues have evaporated, for who knows how long, which fact is dismissed by the City as irrelevant. I watched Andrew Cuomo, govenor of New York, on TV yesterday. He quoted his deceased father as follows: It expresses my sentiments precisely. Yet whenever we have requested anything from the City it has disappeared into a black hole of bureaucracy, except of course when it 7
threatens its income, when its response is immediate and unyielding. If there was ever a time for us to pull together it is now – but we feel utterly alone in facing the challenge. We have decided to use more of our savings to support our employees through these difficult times as we have no confidence that government at any level will assist them. A direct consequence is that we have lost the desire and the capacity to invest in and promote the city that we love. Instead we will focus on surviving, not only COVID-19, but the far more long lasting and lethal actions of its government and bureaucracy. I trust that you will remain well.“ You may ask if this apparently negative message is appropriate in the midst of a global crisis. These pages provide some background information and opinion that might help to answer that question, along with additional reading: John Steinbeck, The Grapes of Wrath, 1939 Friedrich Hayek, The Road to Serfdom, 1944 Thomas Piketty, Capital in the Twenty-First Century, 2013 8
Cash Leak I suppose my disillusionment with the City began some years ago when we had a water leak under our driveway which took a couple of years to find and fix. The cause of the leak remains unknown but was probably due to heavy construction traffic using our driveway as a turning circle. The plumber advised that we could request a rebate from the City on the excess water consumption caused by the leak. An email conversation with the City ensued. The rebate eventually allowed by the City was a fraction of the excess amount billed, in spite of the claim for which detailed evidence was provided, which signalled the unfair and arbitrary approach that the City has to its citizens. In addition to the very expensive leak detection which used gas injection of radioactive isotopes, we also had to replace the brick paving in our driveway. We estimate that these costs and the tariff on the excess water supplied but not consumed could otherwise have paid for three homes for low income families. 9
Carhole Cover Somewhat later an eager young man drove onto the pavement outside our house in a spanking new Toyota Hilux double cab. He cheerfully advised me that he had been contracted by the City to replace our water meter. This was puzzling as the water meter had performed perfectly for the previous twenty years. However, I gave him the go ahead with a request that he minimise obstruction of our external parking bays. Not only was the water meter replaced but its manhole was rebuilt to a larger size to also accommodate a non- return valve. The original cast iron manhole cover was replaced with two covers made of some polymer and fibre composite. I was told that this was because cast iron covers were the target of thieves who sold them to scrap dealers. The new manhole was taped off for a couple of days, presumably to allow cement to cure. Within hours of the tape being removed the covers collapsed under the weight of a vehicle which fortunately was driving very slowly. Otherwise its suspension would have been severly damaged. The collapse also resulted in our external parking being rendered unusable. We contacted the City‘s Water and Sanitation department to have it repaired. The contractor arrived a couple of days 10
later and replaced the manhole covers and frames. I pointed out to him that there was a design flaw in that the frames were not supported by the brick lining of the manhole but this advice was ignored. Sure enough within another day the covers had collapsed again. This process was repeated until the fibre covers were replaced by cast iron covers typically used in fuel stations. Soon thereafter a smart young City employee arrived in his new Audi to photograph the manhole, I thought. 11
But when a notice to disconnect was hand delivered to our letterbox the very next day I realised he was only there to read the meter! It is my opinion that it was never necessary to replace the water meter or to install a non-return valve as we had no borehole or rainwater collection device that could feed back into the mains. The most likely motivation is that it enabled some tenderpreneurs to make a bit (or a lot) out of their supply and installation. We award this incident one home for a low income family but, judging by the number of broken manhole covers we see across Cape Town, we should be counting them in the thousands. 12
Zombie Planning Early in 2017 we were made aware of the prospective sale and development of the vacant portion of a neighbouring erf. We had expected this as we had discussed the possibility with the professional team of the owner of the erf. However we soon realised from images published on an internet property marketing site that the proposed development did not conform in any way with what had been discussed. Indeed it appeared to flout even the newly relaxed development constraints of the City. My wife, who is an architect, and I went to the City planning office to view the proposal. We were denied access to its land use records and the plans could be viewed only on the small low resolution monitor of a personal computer. We were not allowed hard copy printouts of the plans as the City claimed this would violate the copyrights of the developer. We used the Promotion of Access to Information Act (PAIA) to request this information from the City, which was subject to the permission of the developer, who refused it. This set off the alarm bells as the only reason to refuse such access to affected persons is that they will be negatively affected. 13
Nevertheless we objected to the proposed development on the basis of the limited information that we had. The plans were then withdrawn and resubmitted with amendments to enable them to comply with by-laws and building regulations. The developer was honest enough to tell us that he did not intend to build according to the submitted plans but to use the marketing plans instead. The process continued for a few months with us having access neither to the submitted plans nor the marketing plans. We considered legal action against the City and were advised that we had a strong case. But the City retains a purposefully expensive phalanx of advocates, attorneys and paralegals, paid for by ratepayers, to fight actions brought by ratepayers. We decided to abandon the City planning process and to negotiate directly with the developer. The result is an acceptable compromise reached without any help from the City‘s bureaucrats. In conversation, the developer opined that it is impossible to get a return on investment without bending the rules because of the financial demands of the City. In particular, the true size or bulk factor of a building is understated, not only to bypass building regulations and by-laws, but also to reduce its rateable value, which is largely determined by dimensions in the submitted plans, not those as constructed. 14
This unfairly penalises honest ratepayers who end up paying rates based on increased rateable values and decreased utility values. We eschew such behaviour and have decided no longer to invest in Cape Town property. This is particularly unfortunate now as we are, by nature, contrarian investors who would otherwise look for opportunity in uncertain times. The City approved the plans late in 2017, work started on site early in 2018 and was completed late in 2019. We let the reader guess which set of plans was used in its construction and if the building, as constructed, even conforms to those plans! The cost to us of legal, architectural, town planning and other advice and services would pay for at least five homes for low income families. 15
Access to Obfuscation Our experience of the planning process, described above, was abysmal. I put several of what I considered to be relevant questions to the City via a formal PAIA application. This was ignored completely for several months and it was only when we considered legal action against the City that it responded. The response answered none of the questions raised, instead asked: What documents do you want? While I am aware that this is the minimum to which I am legally entitled it begs a far more important question: Why not respond to a citizen who goes to the trouble of requesting clarification of policies and processes that impact him and his peers? Clearly the City had no interest in doing any such thing, probably because it does not want any light thrown on its obscure internal processes. I had previously offered to fund a study by an MBA student at the University of Cape Town‘s Graduate School of Business (GSB) to assess the impact of changes to City policies in recent years. I was particularly concerned about how secrecy might enable corruption and cronyism. To my surprise this offer was not taken up. But then I remembered that the granddaddy of business schools, Harvard, has for generations been spewing out the denizens of Bain, KPMG, McKinsey and Wall Street.
Perhaps the GSB has the mission to develop our own home brew of crooked consultants and crony capitalists! I gave up the idea of getting information but think my efforts are worth two homes for low income families.
Safety Last The lawless culture under which developers have been operating in Cape Town in recent years is clear to anyone who observes safety and housekeeping on many building sites. I do not enjoy playing policeman but I am prepared to be abused by the rough diamonds of our construction industry if I think that residents, visitors or workers are at risk. Readers may consider that I am just a busybody with nothing better to do: but they might think differently if it is their children and grandchildren who are forced into high speed traffic because of the negligence of some lazy or careless slob. The examples I quote are on busy roads which are, or should be, policed by the City‘s traffic department. Building sites should also be monitored by its building inspectorate, but there has been little recent evidence that building inspectors even exist. Perhaps this is one of those salary scams where phantom employees are on the payroll but not in the workforce. But it is less funny when you are paying hundreds of thousands of rand in rates and tariffs for these so called services. The cost is minor until an accident, which can be much more than a low cost home. 18
Power and Money Owners of solar photovoltaic (PV) and other forms of small scale electricity generation (SSEG) are required to register their installations for a number of reasons. Ostensibly the safety of municipal electrical workers is the primary concern which might be credible if the City gave a damn for the safety of its citizens in other arenas. The previous chapter supports this assertion. The truth is that the City regards the supply of electricity as a cash cow with which to prop up its budget. Solar PV is therefore seen as a threat, not an opportunity, and does not receive the support that it should. The giant state owned electrical utility, Eskom, has been heavily and rightly criticized by the Democratic Alliance and others for decades. What was a world class entity that produced some of the cheapest energy in the world is now a basket case that threatens to bankrupt the country. But what is less well known is that the City takes the lion‘s share of the tariffs billed to those users that actually pay for electricity. I assess the excess cost of electricity to our business to be enough for two homes for low income families every year. 19
Rating Property The valuation of property is controversial and has been the subject of claims that the well connected manipulate the system to reduce their rates while the rest of us have to pay a greater share. Property values are established by a supposedly arms length algorithm applied to a dataset of local property sales. I have described how the flawed planning process and the lack of an effective building inspectorate has led developers to pay inflated prices for land and to understate the true size of their buildings. This artificially increases the rateable value of other properties that have been built to correct standards and properly approved plans. I understand that the algorithm uses multiple regression analysis which is a mathematical technique to predict an unknown value from the known value of two or more variables. But the City has no way of knowing some of the variables it uses and cannot rely on others for the reasons I have outlined above. Furthermore the datasets used to determine regression coefficients may be small and therefore subject to significant error. Our experience is that there is little relationship between the value that the City puts on a property and its ability to generate income. This is clearly unsustainable as, even if rates are just used as a wealth transfer mechanism, loss 20
making properties will eventually be sold, leased, demolished or otherwise fall out of productive use. To test the reasonableness of the City valuation process I compared the changes in valuation between 2015 and 2018 of six properties in Camps Bay that share common boundaries. Maybe a coincidence but the only property whose valuation declined is owned by a developer. The remainder are deemed to have escalated in value by between +6% and +60% in a mere three years. How reasonable is that! This exercise was also futile as the City inexplicably does not consider such comparisons. The City certainly has an unenviable task to balance its financial books but to apply a patently flawed process to a brutally unfair system is not the way to do it. Especially when the real problem is the City‘s narrow ratepayer base, overblown salary bill, and purchase of luxury cars for meter readers. Unstable valuations and rates also give us another reason why not to invest in Cape Town property. And, because we cannot control rates in any way, they may lead us to close our small tourism business. I repeat what I wrote in an email relating to electricity tariffs: “This is a zero sum game as every cent sucked into our bureaucracies is lost to those who are creating the wealth on which they depend.“ 21
City in Crisis The country wide lock down imposed to try to slow the spread of the COVID-19 pandemic brought into focus how vulnerable South Africa has become. Cape Town is particularly vulnerable to the collapse of tourism which has powered much of its growth in recent years. Our central government has shown strong and hopefully correct leadership but we have a long and rocky road to travel. The City has offered some temporary relief to its ratepayers in the form of a limited deferment of payment of rates. It has made no effort to reduce its expenditure and its proposed budget assumes that ratepayers will be able to absorb increases above the inflation rate. It repeatedly proclaims that it provides services for free to 40% of the population, which cost is less than 5% of its operating expenditure. The net effect is that even fewer ratepayers will be expected to pay an ever greater share of these costs until we all descend into a death spiral of taxation fatigue and bankruptcy. So how about a substantial cut to its personnel costs – employees plus contracted services - which would have a beneficial impact on its finances several times as great as increased rates ever will? 22
Then Now The real story is that the vast amount of burgeoning City revenues have gone to operating costs to the detriment of capital expenditure. This is manifested in its crumbling infrastructure and its abject failure to improve the living conditions of its less fortunate citizens. Its dumb reliance on a shrinking pool of ratepayers to fund this excess merely compounds its folly. An analysis of the figures in the appendices shows that the City has been living way above our means, which are now further reduced by the impact of COVID-19. Yet it puts forward budgetary proposals which do not address these issues – indeed the only costs that the City has cut are 23
travel expenses – which had been mandated by others anyway! We are in the early days of the crisis and I would like to see how the City will share the consequences with its citizens: the mutuality referred to in Mario Cuomo‘s quote above. Otherwise we may also start to believe the rumours that the City has been hijacked by a greedy, self serving, elite. 24
The Fairest Cape? Long smoldering discontent with the City has now become a firestorm of anger against an administration that is perceived to be incompetent, self serving, greedy and utterly out of touch with reality. Most wealthy and middle class citizens have empathy and compassion for those less fortunate but are cynical about the ability, even the desire, of the City’s bureaucracy to materially improve conditions. Perhaps the best way to illustrate this is to quote a small selection of their comments: Clearly, the disgraceful and ill-considered salary increases will be foremost in out objection. The stranglehold municipal servants have on the wallets of property owners in Cape Town. Cape Town has become a monopoly in which its customers are at its mercy. It is an otherwise non-sustainable budget, one cannot but consider the very trite cliché of moving of the deckchairs on the Titanic. The City’s cavalier attitude toward litigation against its own ratepayers. Budget assumptions tell us that the City is in denial about the impact of Covid-19. 25
The City takes refuge in all manner of assumptions, excuses and explanations. We want the City to treat us as valued customers and its primary source of revenue. It is very wrong to implement any increases in remuneration whatsoever at this time. Those in our City that have an insatiable appetite for other peoples' money. I am personally incensed about the City's tone-deafness or perhaps utter blindness. We are desperate to try to save what is still to be saved in our neighborhood. I have reached a point where I am so disgusted by the reduction in service I am getting from the city, against the background of the salaries which they are earning, that I have decided to stop paying all rates and tax. What you are writing about is a total lack of management from the top to the bottom. Sir Francis Drake, celebrated English navigator, claimed: ”This Cape is the stateliest thing, and the fairest cape we saw in the whole circumference of the earth”. In another sense it has the potential to be, not only the most beautiful in the world, but also the fairest. So let us ask how. 26
Analysis This document explores deteriorating relationships among the politicians, administrators and many citizens of the City of Cape Town. Primary causes of this trend are the refusal by the City to curb its financial appetites and to disclose certain information to those ratepayers and citizens from whom it derives its revenues. There is no logical reason why such information should be withheld and to do so breeds a sense of distrust between said citizens and City officials. My opinion is that this trust must be restored if Cape Town is to succeed. The first step is for the City to be transparent in its financial affairs so that we can better understand its priorities, constraints and decisions. Of particular importance at this time is the revised budget for 2020/2021 because of the financial hardships being faced by many ratepayers and other citizens. The tables in the Appendix summarise the recent financial history and the amended budget figures of the City for the 2020/2021 year. Of particular interest is the remuneration of the executive and council which is to be increased by a “cost of living allowance“ substantially in excess of the inflation rate. The large array of little green icons is my attempt to illustrate the opportunity cost of affordable housing lost every year to a management that, judging by the opinions 27
detailed above, is not overly competent. This is a view shared by many others, including senior legal counsel, who are prepared to discuss, in public, rates boycotts and outright tax revolt. What is clear, however, is that this trajectory of financial excess is not sustainable. If continued for another decade we can expect the City to again have tripled in cost while Cape Town‘s GDP is likely to have grown, at best, by no more than a modest 25% to 30%. Clearly it is not realistic to expect its narrow tax base to tolerate this of a City that is already amongst the most expensive in the world. 28
Manifesto The title of this section is not a declaration of policy and aims but is an expression of what is manifestly obvious to any objective mind. As an engineer I have spent my entire adult life attempting to solve problems and do not intend to abandon that practice now. The opinions expressed here are intended to stimulate constructive debate and actions in these difficult times. While the true reality of our crippled economy is not fully realized by the City it is recognised by some in central government: Finance Minister Tito Mboweni said recently that South Africa should think about moving to a zero- based budget. A zero-based budget would enable Cape Town to weigh the wisdom of growing the priviledged state of a handful of senior executives and their bureaucracies over addressing the immediate needs of thousands of less fortunate citizens. In my opinion the City of Cape Town, as currently structured, cannot continue to be funded by the relatively small group of citizens from which it derives most of its revenues. The ambitions of the City and its senior officials clearly exceed their ability to execute. This is obvious to the informed observer and is discussed for each stakeholder in the following sections: 29
Water and Waste Services Cape Town is the first major city in the world to run out of water due to neglect and incompetence. Had it not been for extraordinary efforts by its citizens day zero would have arrived before life saving rains. And yet the City continues to prevaricate, blaming central government and other scapegoats, while neglecting the basics. Investment in sewage treatment, fixing of leaks, reticulation of grey water and other interventions lags behind that in many other arid areas. Pollution of our wetlands and seas has caused desalination projects to fail and threatens tourism, marine resources and health. Liquid waste should be continuously monitored for early and local warning of the outbreak of disease, much like earthquakes are monitored elsewhere to warn of tsunamis. But ever escalating water, sewage and solid waste service costs, particularly the pernicious fixed charges that do not depend on consumption, destroy the confidence that business requires to operate, let alone invest, in the Cape. The management and technical competence of this important directorate must improve. Energy and Climate Change The City also blames Eskom and central government for its failure to secure a reliable and cost effective supply of 30
electrical energy. The truth is that it has conflicting objectives – on one hand to fight climate change by using renewable resources – on the other hand to derive revenues from the sale of electricity. The fact is that the public sector should have no involvement in the process beyond providing a regulatory framework to encourage and facilitate rapid migration to sources of renewable energy. Current legislation allows net importers of energy to supplement demand so there is ample opportunity for local small scale electricity generation. For example, microgrid systems using wind and photovoltaic technologies have been proven in South Africa and elsewhere. They are ideally suited to dense urban areas like those in Cape Town. Mountains in the region also provide potential to install additional pumped-storage hydropower, which is an efficient and reliable way to transfer supply of daytime energy to night time demand for energy. This also provides opportunity to increase catchments of existing reservoirs. But it should also be noted that ruinous electricity tariffs discourage investment in the city. The skills required to operate and maintain an electrical distribution network should enable the directorate to install broadband mobile internet services for its citizens‘ benefit. Perhaps the City should expand its mandate to include this 31
essential technology, which fuels information, education, entertainment, remote work and meetings, and monetary transactions, at low cost. The City might also use it for surveillance and monitoring of properties and other assets, and to implement digital ledgers to automatically record and bill service usage. If linked to other infrastructure it might help reduce theft and vandalism as citizens will react immediately and robustly to anyone that disrupts this essential service. And aspirations to a fourth industrial revolution are pie in the sky without such infrastructure. Members of the executive should then have the courage to publish their cell phone numbers to enable citizens to communicate with them directly via VOIP and internet text services. Safety and Security The City recognises the critical role of safety and security in preserving and enhancing investment and tourism in the city and its environs. Any real or perceived danger is amplified by the media to the cost of the Cape economy. The department is responsible for emergency services, disaster risk management, traffic services, fire and rescue services, law enforcement services, the metro police department, events and film, a safety and security investigations unit and neighbourhood policing support. 32
This is a very important and, since SAPS has gone AWOL, under resourced directorate which deserves our support. Spatial Planning and Environment The municipal spatial development framework shapes land use and development in Cape Town in the context of rapid urbanization, climate change and resource scarcity, shifts in global economic power, demographic and social changes and technological breakthroughs. To succeed the City should publish details of proposed policies and development projects to affected citizens. It must strictly apply by-laws, title deed restrictions and other constraints in evaluating plans, inspect building works at all phases of a project, and stop work if there is any deviation from the approved plans or relevant national and municipal legislation. Failing this, businesses and investors, apart from well connected developers, will reject the uncertainty of its arbitrary planning decisions and lax monitoring of building work. Human Settlements This appears to be a duplication of the responsibilities of central government, which has the mission to facilitate the creation of sustainable human settlements and improved quality of household life in South Africa. While an excellent opportunity to mint a few more millionaires at ratepayers‘ 33
expense, the City‘s focus should be on the provision of land and basic infrastructure, not on building houses. Experience elsewhere in Africa has shown that housing is best left to the private sector which can employ innovative financial and construction techniques. Public-private partnerships can be highly effective, if managed correctly, but intervention in the process by government, at any level, promotes a culture of cronyism, patronage and dependency which is prone to corruption. The directorate should be closed and its responsibilites delegated to those that provide the basic services of roads, water, sanitation, electricity and internet bandwidth. Corporate Services This directorate appears to be a bureaucracy designed to invent, equip and staff other bureaucracies, so must be reformed. Modern technology enables automation of most accounting and many routine administrative tasks. Broadband networks allow remote working and virtual meetings which eliminate travel, vehicle, accommodation, catering and other costs. Rationalisation and reduction of administrative staff to the levels found in well managed corporations is feasible by using such technologies. Legal actions by ratepayers against the City should be defended by the official(s) responsible at their own cost. 34
Should legal aid be required by defendants then an equal facility should be extended to the plaintiffs. The legal services function can then be greatly trimmed to focus on its statutory obligations. Perhaps it should also be taught the meanings of the words civil and servant. Councillors should live and work in the wards that they represent and their count should not exceed the number of wards. Department managers should work where their employees work to free up municipal space for more productive use. For example, the lower levels of the Civic Centre, being ideally placed between rail and bus transit hubs, might be used to incubate small enterprises. Other vacant offices, meeting rooms, parking etc can then be let to the general public at market rates. Should a municipal department or official wish to use the facilities it may do so on the same basis as any other organization or person. Economic Opportunities and Asset Management It is difficult to see how this directorate can add any value to the citizens of Cape Town. Anyone looking for economic opportunity has the internet and other channels by which to obtain objective information. Invest Cape Town is an initiative to encourage investment which fails on almost every level. Not only does it add to the cost of doing business in the city, but it fails to listen to, let alone encourage, those who have already invested. 35
The City has a business friendly rhetoric, but its policies, described herein, are clearly anti-business. Putting lipstick on the pig in this way is yet another example of Orwell‘s doublethink that characterises the City‘s propaganda. The department should be renamed Divest Cape Town, or better still, be shut down to leave investment advice to those who understand business and capital. Cape Town Tourism is another City function that adds cost without adding much value to those that actually promote and provide tourism products and services. It has little understanding of the critical part played by Tripadvisor, booking.com. Expedia, Trivago and other online resources that are actually used by potential visitors. Each of these requires fine grained data that is best provided by tourism suppliers themselves. Google search provides literally millions of other pages of information about the Cape so the City does not need to add to the cacophony at our expense. Management of assets requires accounting and audit to record their acquisition, disposal and value, maintenance to preserve this value, and security to ensure their continued availability and existence. These functions are better done by other departments and should be delegated accordingly. The directorate should be closed and its functions taken over by the private sector and other departments. 36
Urban Management “Colleagues we are now in the 2nd quarter of the financial year and the time to play and to blame is gone. As a team we need to work together and pull towards the same direction. Whilst there are many challenges and areas of development, I wish to request us to focus on the positives.“ Fine words from the chairperson‘s opening address at a recent portfolio committee meeting, with over eighty attendees, of a directorate which claims to be one of the most powerful in the City of Cape Town. The minutes throw little light on the mandate, structure or even the meaning of urban management. However, they do refer to the handover of title deeds, delivery of baskets of services, multi-year funding programs, medical aid remuneration for councillors, and other such munificence. Clearly the directorate has power to peddle patronage, but it appears to have few objective measures of its real value. Indeed its functions appear to duplicate those of human settlements, safety and security, spatial planning and environment, community service and health, and of city improvement districts and other services better provided by private sector and non-governmental entities. Perhaps it should be disbanded and merged with them to release redundant facilities and its substantial staff complement. 37
Community Services and Health The functions of this department appear to duplicate those provided by central and provincial government. Since the size of Cape Town is 70% of that of the Western Cape it seems illogical to have departments at both the municipal and provincial levels. The experience of the COVID-19 pandemic should clarify the need and desirability of such redundancy. The cost of the department‘s bureaucracy is equivalent to that of hundreds of front line workers so is difficult to justify. A report by independent medical and social welfare experts might usefully probe this opinion. Transport Responsible for developing an integrated public transport network to transform the current system that is efficient, effective, affordable, safe, reliable and sustainable makes this an essential department. It maintains and manages the roads and stormwater infrastructure, MyCiTi bus service, public transport facilities, parking, destination boards, and traffic calming and transport enforcement in partnership with the safety and security team. Trimming the City‘s motor pool to essential vehicles might increase the utilisation of its public transit services by municipal employees while reducing capital and depreciation costs and congestion on the roads. We must otherwise support this important and relatively effective directorate. 38
Ratepayers and Residents The Gini coefficient is a statistical measure to represent income or wealth distribution of a population, which is the most commonly used index of inequality. It was published in 1912 by the Italian statistician and sociologist Corrado Gini. The coefficient ranges from 0 to 1, 0 representing perfect equality and 1 representing perfect inequality. An estimated 9% of citizens pay 91% of the City’s revenues, which inequality substantially exceeds their inequality of income, as measured by the Gini coefficients of 0.88 and 0.62 respectively. The City is unable to provide information by which these figures might be verified as it appears that it does measure the financial inequality of its citizens’. What is clear, however, is that a small minority is expected to fund most of the financial needs of the City. This might be acceptable if the funds were used to improve the lives of its citizens, but they are abused to enrich its elite government and bureaucracy. The revenue base of the City must be expanded, by tariffs based on service usage, by reducing so called free services, by disconnecting all delinquent accounts, and by eliminating concessions to municipal employees and other favoured entities. A most contentious issue facing home owners is that of municipal valuations, which are considered by many to be overstated. The City claims that it uses an arms length 39
valuation process that is randomly verified by an external auditor, but few others believe this assertion. The valuation of property must be in the hands of a completely independent and qualified entity, approved by ratepayers, having full access to Deeds Office and City records. Each valuation should include the parameters and coefficients used in its calculation to enable home owners and the City to check its accuracy. Property owners and the City should each have an equal right to challenge the valuation and the onus of proof should lie with the challenger. Valuations within each suburb should be compared with Deeds Office transfers for the same suburb and period to demonstrate their statistical validity. The ratepayers and residents that fund the City are the equivalent of the shareholders in a company and should have similar rights. It is clear that the council, which should act like the board of directors of a company, not only fails to represent these citizens to the City but actually defends the City from criticism and accountability. While not surprising given its unlimited power to award itself the riches of office, it is not in the best interest of citizens. Finally, given the right of municipal trade unions to protect their interests by withholding their labour, ratepayers and residents should but do not have an equivalent right to protect their interests by withholding payments to the City. 40
Executive Management To deny that the City of Cape Town has a major funding crisis is to live in a Walter Mitty world of fantasy, denial and idiocy. An executive that does not recognize this fact should be removed from office immediately. Those that remain can address the significant task of restructuring the City to operate within the means of its taxpaying citizens. This requires that its mandate is revised to focus only on what it is able to do effectively and more efficiently than can be done by its citizens. A wise manager knows that it is better to do less, well, than to do more, poorly. Many organizations have failed by not understanding this truth. Perhaps it is time for the City to be modernized and to adopt proven practices of the private sector. Its executive and management deem themselves worth as much as those of the most successful and profitable of private and public enterprises. They must then accept that they will be held to the same levels of performance and accountability. Key performance indices and ratios should be audited and reported for each financial quarter, by department and for the City as a whole. They should include comparisons with successful cities from around the world. The equivalent of an annual general meeting should give tax paying citizens the opportunity to review this performance, to vote on 41
remuneration and bonuses, and to remove delinquent executives. Performance Measurement The private sector, which operates in a real world of open markets and sometimes fierce competition, knows of two measures that actually matter: • How satisfied are customers? • How satisfied are shareholders? Customers have the opportunity to express their opinion through their purchasing decisions and shareholders have the opportunity to express theirs through their investment decisions. Those citizens that pay for the services provided by the City are, in effect, its customers. Those citizens that pay property rates to the City are, in effect, its shareholders. But these two essential participants are not included in: • Setting the purpose, goals and responsibilities of City officials, employees and contractors; • Evaluating how well they have performed in executing these responsibilities. The City has a rigid monopoly on the supply of municipal services so citizens cannot express their opinions through purchasing and investment decisions. Furthermore, in my twenty five years as a ratepayer and services consumer, I 42
have never been asked to define the role or rate the performance of a City directorate, department, executive, councillor, manager, employee or contractor. Why not? Political Leadership The South African Local Govenment Association (SALGA), which is an association of all 257 South African local governments, comprises a national association with one national office and nine provincial offices. Like a naughty kid caught with its hand in the cookie jar who claims "the devil made me do it", our City protests that "it is forced to accept what SALGA dictates". Remuneration and other benefits of municipal councillors, officers and employees are set by SALGA, but those who must pay have no representation in this process. Clearly this is unfair, and stakeholders such as ratepayers, business associations and other citizen groups should be included. Indeed, SALGA itself recognises that managing different stakeholders has become a core element of business strategies in many successful organisations. The leaders of Cape Town, particularly those in political parties that command significant support, must stiffen their spines and find the will to recognize reality and radically change the priorities, capabilities and ambitions of the City. They must choose between its reform, transparency and accountability, or face the real threat of rates boycotts and 43
even full blown tax revolt. Whether this will be by choice or forced by circumstances is moot, but it cannot be ignored in the world in which citizens now live. Failing to address this truth will, in time, kill Cape Town‘s entrepreneurial economy with far reaching consequences for all. 44
Abuse of Power Changing power relations have been one of the central themes of human history. How much is about monarchs and peasants, owners and slaves, empires and colonies, one race dominating another, or men dominating women? Throughout history mankind has been plagued by bullies who believe that they know better for others than they, the others, know themselves. Often they begin with the intent to better the lives of these others but eventually, almost always, abuse this power to benefit themselves through: • Unconstrained ability to expand mandates and resources • Unbridled ability to award themselves the riches of office • Absent or opaque definition and monitoring of their duties • Lack of credible measures of performance of these duties • Asymmetric power in legal, financial and other relations • Use of obfuscation and propaganda to influence opinion • Opaque appointment of officials, staff and suppliers • Secretive exchange of monetary and other favours The present government and administration of Cape Town exhibit these traits so it is not surprising that current and potential investors are turning their backs on the city. Who in their right mind will invest when rates, tariffs, salaries, benefits and staff complements can be increased by a handful of individuals, at their will, without real constraint? 45
Epilogue So what is the proper role of the City of Cape Town: to tend to water, power and other critical infrastructure? or to dabble in social engineering and paternalism? Have Day Zero and District Six not taught it to choose the former and to reject the latter? Its politicians and bureaucrats must decide. Having little interest in how the wealth they tax is created, they prefer to devise ways to share it among themselves. Is this a viable formula for the City‘s success? Time will tell. 46
Appendices The first bar chart shows the amounts billed for certain property by the City of Cape Town over a period of twenty years. Cost increases were in line with inflation until the Democratic Alliance took over in 2006, when escalation of costs accelerated. The step jump in 2013 was due to these increases and the additional cost of a water leak which took several years to identify, locate and rectify. The reduction in costs from 2017 was due to substantial investments in solar PV systems to reduce electricity imports. Returns on these investments are being nullified by rapid escalation of rates and services, some of which do not depend on consumption. The graph illustrates the risk to investors posed by the unconstrained ability of the City to increase rates and service charges in order to balance its burgeoning budget. As important is the fact that, while the costs of the City have trebled, the amounts billed for this property have more than quadrupled, and without the PV investment would have grown five fold, in the past decade. This implies that the relative financial burden imposed on ratepaying citizens is increading. Sadly this gives the lie to the City‘s stated objectives and priorities in its draft Inclusive Economic Growth Strategy. It fails to recognize, let alone address, its role in the destruction of business confidence. Its contribution to the cost of doing business in Cape Town is reflected in rapidly declining high end property sales and prices. Instead it proposes to further grow a bureaucracy that adds little but cost and uncertainty to the lives of its citizens. We can expect another deluge of internal management frameworks, feasibility studies and analyses, strategy, scenario and sector plans, but little real action to grow the economy. The other diagrams are for the City as a whole and are created from data provided by the South African National Treasury listed in the last appendix or derived from information provided by the City of Cape Town prepared by Mike Heyns. Certain assumptions have been made in categorising the information. Personnel costs comprise direct and social employee costs and contracted services which mostly comprise labour rather than capital or material costs. Impaired debt costs do not include collection costs but only the revenues written off because of failure to collect. The true cost of this failure and the granting of “free“ services to 40% of the citizens of Cape Town hide the more important truth that these costs are in fact covered by those citizens that do pay their bills. Free services are not free, they are merely an additional tax on honest and productive members of the community. The bar chart comparing the percentage of municipal expenditure to gross domestic product of a number of cities around the world is based on several internet sources for the years 2014 to 2020. It appears that Cape Town spends proportionately twice as much as New York given that the New York budget includes police, hospital, educational and other services not included in the Cape Town budget. The power systems analysis diagram shows the relative complexity of the Eskom and municipal systems and the proportion (relative to costs) of the tariff charged by each to the consumers that actually pay for their electricity (see page 85 above for more detail). The remuneration of senior management and council is listed in the tables below. The array of green icons illustrates the number of affordable houses that this amount of money could build every year.
Revenue Written Off 2019/2020 2020/2021 Directorate Write Off Revenue Percent Write Off Revenue Percent Change Community Services and Health - 824 231 000 0% - 862 976 000 0% - Corporate Services - 66 230 000 0% - 57 780 000 0% - Economic Opportunities & Asset Management 27 955 000 222 435 000 13% 13 455 000 283 469 000 5% 48% Energy and Climate Change 138 851 000 14 197 736 000 1% 303 535 000 13 851 730 000 2% 219% Finance 446 375 000 16 181 927 000 3% 1 023 242 000 16 938 904 000 6% 229% Human Settlements 131 119 000 793 126 000 17% 174 876 000 569 987 000 31% 133% Office of City Manager - 6 000 000 0% 6 000 000 0% 0% Spatial Planning and Environment 29 619 000 146 951 000 20% 32 139 000 186 710 000 17% 109% Transport - 864 452 000 0% - 904 395 000 0% 0% Urban Management 7 182 000 245 228 000 3% 7 759 000 264 033 000 3% 108% Solid Waste Management 180 281 000 1 561 134 000 12% 344 653 000 1 636 567 000 21% 191% Water and Sanitation 703 000 000 4 788 382 000 15% 893 750 000 5 075 780 000 18% 127% Total 1 664 382 000 39 897 832 000 4% 2 793 409 000 39 717 575 000 7% 168% Safety and Security – Fines 852 805 000 1 084 146 000 79% 879 084 000 1 055 541 000 83% 103%
Revenue Written Off 2019/2020 2020/2021 Directorate Write Off Revenue Percent Write Off Revenue Percent Change Community Services and Health - 824 231 000 0% - 862 976 000 0% - Corporate Services - 66 230 000 0% - 57 780 000 0% - Economic Opportunities & Asset Management 27 955 000 222 435 000 13% 13 455 000 283 469 000 5% 48% Energy and Climate Change 138 851 000 14 197 736 000 1% 303 535 000 13 851 730 000 2% 219% Finance 446 375 000 16 181 927 000 3% 1 023 242 000 16 938 904 000 6% 229% Human Settlements 131 119 000 793 126 000 17% 174 876 000 569 987 000 31% 133% Office of City Manager - 6 000 000 0% 6 000 000 0% 0% Spatial Planning and Environment 29 619 000 146 951 000 20% 32 139 000 186 710 000 17% 109% Transport - 864 452 000 0% - 904 395 000 0% 0% Urban Management 7 182 000 245 228 000 3% 7 759 000 264 033 000 3% 108% Solid Waste Management 180 281 000 1 561 134 000 12% 344 653 000 1 636 567 000 21% 191% Water and Sanitation 703 000 000 4 788 382 000 15% 893 750 000 5 075 780 000 18% 127% Total 1 664 382 000 39 897 832 000 4% 2 793 409 000 39 717 575 000 7% 168% Safety and Security – Fines 852 805 000 1 084 146 000 79% 879 084 000 1 055 541 000 83% 103% This table of revenue and write offs per directorate for year ending July 2020 and forecasts for next year is by Peter Stenslunde of the Constantia Ratepayers‘ and Residents‘ Association. Total write offs for the year amount to R2.5b, the big culprits being safety and security (traffic fines not paid) and water and sanitation. At a meeting two years ago the Mayco member for Utilities (Xanthea Lindberg) was asked who owed the money that is being written off by Water and Sanitation and why it was so large (15% of total revenue). She was blissfully unaware of the both the problem and the amount and promised to get back to us but never did. Attempts to get the information through Liz Brunette were unsuccessful. To write off R10b in the past five years is criminal – how many houses could have been built with that? Any business that ran a debt write off ration 15%-75% would not last very long. This probably explains why the City did not respond to the PAIA request of 18 June 2020, which was designed to help analyse the amounts billed and paid for rates and services by the suburbs or wards of Cape Town. Clearly the burden of taxation falls heavily on a small proportion of the citizens, not only because of punitive policies, but also because the City can or will not collect from others. Perhaps this is due to its incompetence, or to the inability or unwillingness of some citizens to pay, or simple political expediency. What is easier than to say: you vote for us, and we will give you free water, electricity and housing? Tax resistance, the practice of refusing to pay taxes that are considered unjust, has existed ever since rulers began imposing them, playing a role in the collapse of the Egyptian, Roman, Spanish, and Aztec empires. The key word here is unjust. Citizens do not object to fair taxation, even if a burden in difficult times, but they reject unfair and unequal treatment. American colonists, frustrated and angry at Britain for imposing “taxation without representation,” dumped tea chests into Boston harbor, which triggered the War of Independence to create the United States of America. Check out en.wikipedia.org/wiki/List_of_historical_acts_of_tax_resistance for more examples.
Cape Town City Remuneration Summary Senior Municipal Officers 2019/2020 2020/2021 Change Current Incumbent Cell Phone Email Address Municipal Manager 3 572 695 3 760 802 5,27% Lungelo Mbandazayo lungelo.mbandazayo@capetown.gov.za Chief Finance Officer 3 116 145 3 279 110 5,23% Kevin Jacoby kevin.jacoby@capetown.gov.za Community Services & Health 3 116 253 3 278 501 5,21% Ernest Sass ernest.sass@capetown.gov.za Corporate Serivces 3 116 253 3 288 175 5,52% Craig Kesson craig.kesson@capetown.gov.za Economic Opportunities & Asset Management 2 257 555 2 941 780 30,31% Kelcy Le-Keur kelcy.le-keur@capetown.gov.za Energy & Climate Control 2 257 555 2 941 863 30,31% Kadri Nassiep kadri.nassiep@capetown.gov.za Human Settlements 2 133 450 2 941 780 37,89% Nolwandle Gqiba nolwandle.gqiba@capetown.gov.za Safety & Security 3 116 253 3 278 620 5,21% Richard Bosman richard.bosman@capetown.gov.za Spatial Planning & Environment 2 133 450 2 939 883 37,80% Osman Asmal osman.asmal@capetown.gov.za Transport 3 116 253 2 787 754 -10,54% Ernest Sass (acting) ernest.sass@capetown.gov.za Urban Management 2 133 459 3 278 620 53,68% Philemon Mashoko philemon.mashoko@capetown.gov.za Water & Waste 3 116 253 2 789 768 -10,48% Michael Webster michael.webster@capetown.gov.za Total Senior Management 33 185 574 37 506 656 13,02% Council Members 2019/2020 2020/2021 Change Current Incumbent Cell Phone Email Address Speaker 1 199 165 1 272 314 6,10% Dirk Smit 083 377 0556 dirk.smit@capetown.gov.za Chief Whip 1 132 104 1 201 163 6,10% Desiree Visagie 082 710 2493 desiree.visagie@capetown.gov.za Executive Mayor 1 474 153 1 564 458 6,13% Dan Plato 021 400 1322 mayor.mayor@capetown.gov.za Deputy Mayor & Finance 1 199 165 1 272 314 6,10% Ian Neilson 083 306 6730 ian.neilson@capetown.gov.za Community Services & Health MMC 1 132 104 1 201 163 6,10% Zahid Badrioodien 072 639 5773 zahid.badrioodien@capetown.gov.za Corporate Serivces MMC 1 132 104 1 201 163 6,10% Sharon Cottle 082 436 3069 sharon.cottle@capetown.gov.za Economic Opportunities & Asset Management MMC 1 132 104 1 201 163 6,10% James Vos 076 277 3351 james.vos@capetown.gov.za Energy & Climate Control MMC 1 132 104 1 201 163 6,10% Phindile Maxiti 083 726 9414 phindile.maxiti@capetown.gov.za Human Settlements MMC 1 132 104 1 201 163 6,10% Malusi Booi 071 728 3512 malusi.booi@capetown.gov.za Safety & Security MMC 1 132 104 1 201 163 6,10% JP Smith 083 675 3780 jean-pierre.smith@capetown.gov.za Spatial Planning & Environment MMC 1 132 104 1 201 163 6,10% Marian Nieuwoudt 084 224 0023 marian.nieuwoudt@capetown.gov.za Transport MMC 1 132 104 1 201 163 6,10% Felicity Purchase 083 629 0829 felicity.purchase@capetown.gov.za Urban Management MMC 1 132 104 1 201 163 6,10% Grant Twigg 072 171 1033 grant.twigg@capetown.gov.za Water & Waste MMC 1 132 104 1 201 163 6,10% Xanthea Limberg 073 271 2054 xanthea.limberg@capetown.gov.za Other Councillors (each) 753 420 794 258 5,42% 217 in 116 wards Total Council 179 817 767 189 675 865 5,48% Total Senior Management & Council 213 003 341 227 182 521 6,66%
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