PROVINCIAL OVERVIEWS - AGSA
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PROVINCIAL OVERVIEWS 06 110 Consolidated general report on the local government audit outcomes • MFMA 2019-20
PROVINCIAL OVERVIEWS 06 In this section, we provide an overview of the results and reflections per province with a focus on the current state of financial health as well as the financial and performance management of municipalities. We include the following: • Overall audit outcomes per province • Status of outstanding audits and outcomes of those audits finalised after the cut-off date of 23 April 2021 up to 4 June 2021 • High-level summary of each province’s performance, including audit outcomes per district Every province has a unique set of circumstances and diverse solutions to their problems, but the need for leadership – also at provincial level – to step up and turn the tide, remains transversal. AUDIT OUTCOMES PER PROVINCE LP Unqualified Adverse with no findings with findings NW GP MP Unqualified Disclaimed FS KZN with findings with findings NC Qualified Outstanding EC with findings audits WC EASTERN CAPE (EC) 2 15 14 2 4 2 FREE STATE (FS) 4 11 8 GAUTENG (GP) 2 7 11 8 KWAZULU-NATAL (KZN) 2 32 14 1 3 2 LIMPOPO (LP) 1 13 7 1 5 MPUMALANGA (MP) 3 2 3 2 1 9 1 NORTHERN CAPE (NC) 3 6 10 1 11 NORTH WEST (NW) 1 6 3 12 WESTERN CAPE (WC) 14 9 7 SECTION 6: PROVINCIAL OVERVIEWS 4 111
OUTSTANDING AUDITS Cut-off date for inclusion of the audit outcomes in this report is 23 April 2021 REASONS FOR 25 OUTSTANDING AUDITS Financial statements submitted late - 9 (36%) Auditee delays - 10 (40%) Financial statements outstanding - 5 (20%) Audit delays - 1 (4%) RESULTS OF 32 AUDITS SUBSEQUENTLY FINALISED AS AT 4 JUNE 2021 7 14 1 10 6 4 2019-20 AUDIT OUTCOMES AUDITS SUBSEQUENTLY FINALISED MOVEMENT Compliance AS AT 4 JUNE 2021 Audit Performance with opinion report legislation EASTERN CAPE Great Kei FREE STATE Mangaung Metro Mantsopa GAUTENG Emfuleni KWAZULU-NATAL Ugu District Nquthu LIMPOPO Mopani District Greater Tzaneen Lepelle Nkumpi MPUMALANGA Gert Sibande District Dipaleseng Emalahleni Lekwa Nkomazi Dr Pixley Ka Isaka Seme City of Mbombela Improved Unchanged Regressed Unqualified Unqualified Qualified Adverse Disclaimed Outstanding Findings with no findings with findings with findings with findings with findings audits 112 Consolidated general report on the local government audit outcomes • MFMA 2019-20
2019-20 AUDIT OUTCOMES AUDITS SUBSEQUENTLY FINALISED MOVEMENT Compliance AS AT 4 JUNE 2021 Audit Performance with opinion report legislation NORTHERN CAPE Magareng Richtersveld Ubuntu Umsobomvu Kgatelopele !Kheis NORTH WEST Ngaka Modiri Molema District Matlosana Lekwa Teemane Madibeng Mamusa Ramotshere Moiloa WESTERN CAPE Beaufort West Kannaland Laingsburg Matzikama Improved Unchanged Regressed Unqualified Unqualified Qualified Adverse Disclaimed Outstanding Findings with no findings with findings with findings with findings with findings audits SECTION 6: PROVINCIAL OVERVIEWS 113
6.1 EASTERN CAPE PERFORMANCE SNAPSHOT The snapshot shows the audit outcomes of 37 municipalities in the province. With the exception of unauthorised, irregular and fruitless and wasteful expenditure, the outcomes of the outstanding audits are not included in the snapshot. Overall audit outcomes 2 15 14 2 4 2 1 12 7 6 MOVEMENT FROM 2018-19 OVER 4 YEARS CHRIS HANI JOE GQABI ALFRED NZO 3 2 1 1 2 1 1 4 1 Chris Hani DM Joe Gqabi DM Alfred Nzo DM Emalahleni LM Elundini LM Matatiele LM Engcobo LM Senqu LM Winnie Madikizela- Enoch Mgijima LM Walter Sisulu LM Mandela (Mbizana) LM Intsika Yethu LM Ntabankulu LM Inxuba Yethemba LM Umzimvubu LM Sakhisizwe LM AMATHOLE 3 2 1 1 Amathole DM Amahlati LM Great Kei LM Mbhashe LM Mnquma LM Ngqushwa LM Raymond Mhlaba LM SARAH BAARTMAN 4 2 2 Sarah Baartman DM Blue Crane Route LM NELSON MANDELA OR TAMBO Dr Beyers Naudé LM METRO 1 4 1 Kou Kamma LM 1 Kouga LM OR Tambo DM Makana LM Ingquza Hill LM Ndlambe LM BUFFALO CITY King Sabata Sundays River Valley LM METRO Dalindyebo LM Mhlontlo LM 1 Nyandeni LM Port St. Johns LM Metropolitan District Local District DM municipality LM municipality municipality Improved Unchanged Regressed Unqualified Unqualified Qualified Adverse Disclaimed Outstanding with no findings with findings with findings with findings with findings audits 114 Consolidated general report on the local government audit outcomes • MFMA 2019-20
2018-19: Financially unqualified financial statements 46% (17) 41% (15) Financial statements submitted without material misstatements 16% (6) 2018-19: No material findings on performance report 35% (13) 16% (6) Reported achievement reliable 51% (19) No material findings on compliance with legislation 5% (2) 2018-19: 3% (1) No findings on compliance with supply chain management legislation 14% (5) Material irregularities (MIs) Notified by 11 June 2021 NATURE 6 MIs with estimated financial loss of Payment for goods not received R188,7 m at 4 municipalities and Interest due to late payment Not billing for services rendered likely substantial harm to public sector institution at Full and proper records not kept (repeat disclaimer) 3 municipalities with repeat disclaimers Unauthorised & fruitless and wasteful expenditure Unauthorised expenditure R1 752 m Fruitless and wasteful expenditure R241 m Irregular expenditure R3 550 m TOP THREE CONTRIBUTORS 2018-19: R6 684 m Nelson Mandela Bay Metro R1 372 m Closing balance OR Tambo District R696 m R27 747 m Buffalo City Metro R302 m 2018-19: R28 110 m Use of financial reporting consultants R132 m – 30 municipalities TOP THREE SERVICES 2018-19: R111 m – 33 MUNICIPALITIES Financial statements review/preparation R46,6 m Recurring use of consultants at 76% Tax services R45,2 m of municipalities Asset management R30,9 m Financial health indicators Going concern uncertainty 27% (10) Deficit R1 020 (12) Average creditor-payment period 172 days Eskom and water boards’ debt in arrears R1 037 m (11) Creditors > cash available at year-end 45% (14) Average municipal debt not recoverable 70% (31) Average debt-recovery period 154 days SECTION 6: PROVINCIAL OVERVIEWS 115
PROVINCIAL OVERVIEW EC Each province has a unique story... Improvement in outcomes, but this might not be sustainable due to poor control environments In our previous general report, the key message we consultants when there were municipal staff who communicated was the widespread lack of financial should have performed some of these functions. controls and project management within the We identified material errors in the financial province. This contributed to the deteriorating state statements at most of the municipalities where of financial affairs and accountability failures in local consultants were used. This was mainly due to government. We recommended that leadership be ineffectiveness as municipalities had inadequate accountable for their actions to create a culture internal controls during the year, supplied unreliable of zero tolerance for transgressions and non- information to the consultants, and did not monitor compliance with legislation. We also stressed the the deliverables of the consultants. importance of audit action plans, emphasising that these should provide a road map to address the root The contravention of legislative requirements that causes of audit findings and prevent the situation we reported in prior years continued to persist as from spiralling further out of control. material non-compliance was reported at 95% of the municipalities. Irregular expenditure incurred During the current year, we followed up on the also remained high at R3,6 billion. This amount may prior year recommendations. While there were a not be complete as 15 municipalities (41%) were number of improved audit outcomes, we identified qualified on the completeness of this disclosure. The that this might not be sustainable as most of these vast majority of irregular expenditure stems from municipalities had not embedded the necessary non-compliance with supply chain management preventative and detective controls. The majority prescripts. Municipalities have not sufficiently dealt of municipalities, including most of those with with the escalating irregular expenditure, as only improved audit outcomes, submitted financial R3,7 billion of the prior year closing balance of statements containing material misstatements, R28,1 billion had been investigated and written which required adjustments to achieve better off by the council. Nelson Mandela Bay Metro outcomes. Management did not adequately reported the highest closing balance for irregular implement and monitor action plans to improve expenditure at R17,7 billion. the control environments and therefore the lack of standardised processes, poor record management The province’s irregular expenditure continues and inadequate review and reconciliation of to increase as investigations are not always financial and performance reports persisted. conducted to determine if any person is liable, which results in consequences not being enforced. A large number of municipalities did not apply The municipal public accounts committee has strong financial disciplines and then used an oversight responsibility within the executive 116 Consolidated general report on the local government audit outcomes • MFMA 2019-20
functionaries of the council and must ensure good internal audit unit and the audit committee, which governance within the municipality. The inability strengthened controls and improved oversight. to deal with the escalating irregular expenditure is a clear indication that these role players are not The financial health of municipalities continued playing their part in strengthening oversight and to deteriorate, with an increase in the number accountability. of municipalities facing financial difficulties. Municipalities’ inability to recover money from The poor control environments and leadership’s consumers for services rendered compounded inability to take action against transgressors led to these financial difficulties and resulted in delays material irregularities, which resulted in financial in paying their creditors. At 14 municipalities, the losses. These financial losses arose from not billing creditors due at year-end exceeded the cash in consumers for services rendered, making payments the bank, which meant that some of the revenue for goods that were not received, and incurring they will receive in the next year will first have to interest due to late payments to Eskom and the be used to settle outstanding creditor accounts South African Revenue Service. Accounting before being used for initiatives planned for that officers should ensure that controls and oversight year. Amathole District, which is currently under mechanisms are in place to proactively prevent or administration, is an example of a municipality detect instances of non-compliance before they facing financial difficulties. The municipality spent can lead to financial losses. R761 million on employee remuneration in the current year, which exceeded the equitable share The accountability failures also had a negative of R462 million. Revenue of R372 million was billed impact on service delivery. Poor project for services rendered, but this could not fund the management was particularly evident at shortfall as most of the debt was impaired. The OR Tambo District, where advance payments were municipality was unable to pay its creditors of made to implementing agents and other service R563 million as their debt fell due because it only providers for goods and services, but projects were had R192 million in the bank at year-end. not adequately monitored to ensure that value was derived from the payments made and that service We had numerous interactions with municipal delivery was achieved. The lack of monitoring leadership, at ‘MuniMecs’ (technical and political these projects resulted in delays in the completion provincial interactions between municipalities of some, while costs exceeded the initial contract and members of the executive council), with the price at others. Projects were also completed but South African Local Government Association, and not functional. We saw an example of this at a through various oversight engagements where we water supply scheme project where a project is provided recommendations for improvement. We now complete but no water is available to the presented guidelines for strengthening the control community. environment to the provincial legislature, which included the member of the executive council for Elundini improved to a clean audit from an cooperative governance, and discussed these unqualified opinion with findings, as basic internal in our regular engagements with the oversight control disciplines were entrenched in the daily departments and municipalities. We also held and monthly activities, and reinforced by a strong regular technical committee meetings with the tone set by leadership through holding officials provincial treasury and the provincial cooperative liable for their transgressions. Senqu continued to governance department to escalate audit maintain its clean audit due the strong tone set by challenges and disputes in order to resolve them leadership in addressing reported deficiencies and as soon as possible. Despite these interventions, holding officials accountable for non-performance we continued to identify poor-quality financial and transgressions. The stability at municipal statements, unreliable performance reports and manager and chief financial officer level, coupled transgressions of legislation. with their vast experience in the local government sphere, further contributed to the strong control The provincial treasury and the provincial environment. The implementation of preventative cooperative governance department provided controls in procurement and other compliance guidance to the municipalities under administration processes assisted in them again not having in order to address the financial difficulties and any findings on non-compliance with legislation. the root causes of poor audit outcomes. This Senior management also worked well with the contributed to the improvement in the audit outcome of Enoch Mgijima. Makana, however, SECTION 6: PROVINCIAL OVERVIEWS 117
retained its disclaimed audit opinion as the a proactive approach to identify risks affecting municipality continued to battle with its their municipalities and ensure that these risks are dysfunctional internal control environment. There mitigated by implementing preventative controls. is also an ongoing court case by the citizens of This will have a positive impact in strengthening Makana requesting that the council be dissolved their control environment. Audit action plans must due to poor service delivery and the lack of be developed, based on our recommendations, infrastructure maintenance. The provincial treasury and then be diligently implemented and and the provincial cooperative governance monitored to address poor financial and department also provided support to all performance management controls. Leadership municipalities with adverse and disclaimed audit must promote a culture of zero tolerance opinions by monitoring their action plans, providing for transgressions and non-compliance with technical assistance and assessing their readiness legislation, and must continuously monitor the to submit financial statements before the due date. control environment. Municipal councils and These interventions contributed to the improvement municipal public accounts committees must be in audit outcomes at Dr Beyers Naudé, Walter Sisulu, effective and instil order, institute investigations and Amathole District. Despite these interventions, to determine if anyone is liable for irregular Chris Hani District, Ingquza Hill and Sundays River expenditure incurred, and take the necessary Valley were again disclaimed, as adhering to corrective action against transgressors. It is controls on a daily and monthly basis was not imperative that political and administrative ingrained in the culture of these municipalities due leaders support each other and play their roles to the vacancies in the municipal manager and in creating an environment that is conducive to chief financial officer positions. effectively accounting for the funds allocated to municipalities to ensure that the required services Our key message to municipal managers and are delivered to citizens. senior management is that they should implement Improve and focus on controls for sustainable outcomes 118 Consolidated general report on the local government audit outcomes • MFMA 2019-20
6.2 FREE STATE PERFORMANCE SNAPSHOT The snapshot shows the audit outcomes of 15 municipalities in the province. With the exception of unauthorised, irregular and fruitless and wasteful expenditure, the outcomes of the outstanding audits are not included in the snapshot. Overall audit outcomes 4 11 8 1 7 3 3 MOVEMENT FROM 2018-19 OVER 4 YEARS LEJWELEPUTSWA FEZILE DABI 2 2 2 4 1 Fezile Dabi DM Lejweleputswa DM Mafube LM Masilonyana LM Metsimaholo LM Matjhabeng LM Moqhaka LM Nala LM Ngwathe LM Tokologo LM Tswelopele LM THABO MOFUTSANYANA 1 3 3 Thabo Mofutsanyana DM Dihlabeng LM Maluti-A-Phofung LM Mantsopa LM Nketoana LM Phumelela LM Setsoto LM XHARIEP 1 2 1 Xhariep DM Kopanong LM MANGAUNG METRO Letsemeng LM 1 Mohokare LM Metropolitan District Local District DM municipality LM municipality municipality Improved Unchanged Regressed Unqualified Unqualified Qualified Adverse Disclaimed Outstanding with no findings with findings with findings with findings with findings audits SECTION 6: PROVINCIAL OVERVIEWS 119
Financially unqualified financial statements 27% (4) 2018-19: 27% (4) Financial statements submitted without material misstatements 7% (1) No material findings on performance report 29% (4) 2018-19: 13% (2) Reported achievement reliable 29% (4) No material findings on compliance with legislation 0% (0) 2018-19: 0% (0) No findings on compliance with supply chain management legislation 0% (0) Material irregularities (MIs) Notified by 11 June 2021 NATURE 14 MIs with estimated financial loss Interest and penalties payable to South African of R304 m at 5 municipalities and Revenue Service 5 Interest on Eskom account 4 likely substantial harm to public sector institution Full and proper records not kept (repeat disclaimer) 4 at 4 municipalities with repeat disclaimers Payments for infrastructure assets not received 1 Unauthorised & fruitless and wasteful expenditure Unauthorised expenditure R4 392 m Fruitless and wasteful expenditure R603 m Irregular expenditure R3 089 m TOP THREE CONTRIBUTORS 2018-19: R2 201 m Matjhabeng R340 m Closing balance Setsoto R184 m R7 319 m Mohokare R183 m 2018-19: R5 602 m Use of financial reporting consultants R47 m – 14 municipalities TOP THREE SERVICES 2018-19: R31 m – 13 MUNICIPALITIES Financial statements review/preparation R32 m Recurring use of consultants at 79% Asset management R7 m of municipalities Tax services R6 m Financial health indicators Going concern uncertainty 73% (11) Deficit R2 020 m (11) Average creditor-payment period 507 days Eskom and water boards’ debt in arrears R10 027 m (10) Creditors > cash available at year-end 67% (10) Average municipal debt not recoverable 71% (15) Average debt-recovery period 558 days 120 Consolidated general report on the local government audit outcomes • MFMA 2019-20
PROVINCIAL OVERVIEW FS Each province has a unique story... Lack of accountability creates a perpetual disrespect for regulations, resulting in mismanagement of resources and lack of service delivery Overall, the audit outcomes have regressed since or misconduct – especially to curb pervasive 2016-17, and the province has not achieved a non-compliance with legislation. We engaged clean audit since Fezile Dabi District’s clean audit with the collective management and municipal in 2015-16. Some municipalities fluctuated between leadership, including their audit committees, in audit outcomes, improving one year, but then various platforms, with the aim of supporting local regressing the next, confirming that when audit government leadership to establish sustainable outcomes improved, it was not sustainable or good governance practices. This we did by due to an improvement in the underlying control sharing audit outcomes and the root causes that environment. It is also concerning that a number prevented municipalities from attaining the desired of municipalities had stagnated on qualified outcomes, providing practical recommendations opinions for three consecutive years. Reporting on to improve the control environment, as well as performance information had not been prioritised, focusing on preventative controls. We further as most municipalities were still not able to report engaged the management and leadership of reliably on the achievement of their service delivery individual municipalities on the progress of their goals. Municipalities’ unwillingness to comply audit action plans and the key risks identified with legislation is confirmed by the fact that since through our status-of-records reviews, thereby 2016-17, we have raised material findings on non- providing them with an early warning system. compliance with legislation at all 15 municipalities Sessions were held with chief financial officers and of which the audits had been completed – mostly supply chain managers focusing on supply chain relating to supply chain management. This clearly management matters, including the weaknesses indicates a deliberate lack of accountability by we identified in procurement and contract political and administrative leadership to address management. the root causes of findings. In spite of all these efforts, the political and Since 2016-17, we have recommended that administrative leadership’s inaction created a leadership set the correct tone from the top. deliberate obstruction to the effective functioning We advocated that leadership implement and of municipalities. Our assessment since 2016-17 adhere to good governance practices, enforce a has shown that there had been a regression in the culture of ethical behaviour to strengthen systems assurance provided by political and administrative and processes, implement preventative controls, leadership. None of the assurance providers offered and effect consequences for poor performance SECTION 6: PROVINCIAL OVERVIEWS 121
the required level of assurance and the majority The provincial treasury supported municipalities of them provided limited or no assurance at all. in clearing audit findings by deploying officials to There was a lack of responsiveness to implement attend audit steering committee meetings. This and monitor the audit action plans to enable support did not yield visible results, however, due the implementation of effective accountability. to it being reactive in nature instead of coming These outcomes were due to no one being held in the form of proactive support to improve the accountable for their actions by those they report control environment. Nine of the 23 municipalities to. Mayors did not hold councils accountable (39%) did not submit their financial statements within for the lack of improvement at poorly operating the legislated deadline, as opposed to 10 in the municipalities, with the lack of accountability previous year; yet neither the provincial cooperative cascading to all municipal levels as councils did not governance department nor the provincial treasury hold municipal managers and the senior managers intervened to ensure timely submissions. that report to them accountable for not fulfilling their duties. Since 2016-17, five municipalities have been placed under administration. We were unable to Also worth mentioning are the municipal public confirm that administrators had developed and accounts committees. There had been a visible implemented sustainable systems and preventative regression in their effectiveness since 2016-17, controls to ensure the effective functioning of these notwithstanding the investment we made through municipalities once they left. Consequently, audit facilitating training during the member inductions outcomes did not improve and stability was not as well as additional on-the-job training by the created even though three of them were under provincial treasury and the South African Local administration for at least three years (by the cut- Government Association. These committees off date of this report, these three municipalities conducted limited or no investigations. Where were no longer under administration). They were investigations were conducted, they were not not able to submit all the outstanding financial properly performed to enable the council to hold statements – even for the period of administration. the responsible officials accountable. Ineffective These municipalities all received a disclaimed audit internal audit units and audit committees, opinion on their last submitted financial statements, combined with the disregard of their contributions and experienced service delivery challenges over a by management, also contributed to the poor prolonged period. control environment. Furthermore, the councils did not adequately assess the required legislative The lack of leadership tone for accountability reports to set the right tone for prudent financial contributed to an environment that was vulnerable management and clearly articulate the strategic to misappropriation, wastage and the abuse of priorities to improve service delivery. state funds. The continued transgression of supply chain management prescripts was reflected in the Municipalities continued to implement ineffective, significant amount of irregular expenditure incurred short-term solutions to address shortcomings in their of R3,09 billion (2018-19: R2,2 billion). The closing underlying controls, through the use of consultants balance of irregular expenditure stood at – with a limited transfer of skills. Other than Thabo R7,32 billion (2018-19: R5,79 billion), clearly indicating Mofutsanyana District, all municipalities appointed that the practice of incurring irregular expenditure consultants for financial reporting at an aggregate was rising. Another contributing factor to the cost of R46,83 million (2018-19: R30,88 million). significant amounts of irregular expenditure was These consultants performed tasks such as monthly the seven municipalities (47%) that either had a reconciliations, asset verifications and updating vacancy in the head of supply chain position or irregular and fruitless and wasteful expenditure did not have such a position on their organogram. registers. This situation is even more concerning as Municipalities should ensure that these positions there were already people employed to perform are filled with people who have the required such tasks. The chief financial officers relied on skills, respect the rule of law, are ethical, and can the consultants to provide audit support and to implement controls that would prevent irregular assist with the responses to audit findings, even on expenditure. non-technical matters, instead of municipal staff – in spite of paying R280,28 million in finance unit The poor state of financial management salaries. contributed to the continued deterioration in 122 Consolidated general report on the local government audit outcomes • MFMA 2019-20
financial health. Eleven municipalities (73%) were The municipality owed Eskom and Sedibeng Water assessed as having a material uncertainty relating R3,34 billion and R3,68 billion, respectively. In to their going concern. The 15 municipalities of addition, the municipality lost R462,84 million (76%) which the audits had been completed, had a net of the water purchased from Sedibeng Water due current liability position of R8,57 billion to leakages, burst pipes, line losses, tampering (2018-19: R6,73 billion). This means that their current and theft. The water lost added to the significant liabilities exceeded their current assets. Local amounts payable to the water boards but could municipalities were in arrears of R10,03 billion not be billed to consumers to earn revenue. This (2018-19: R7,70 billion) with Eskom and the water contributed to the vicious cycle of poor cash flows, boards. Some municipalities also failed to pay over leading to further delays in the municipality’s ability contributions deducted from employees’ salaries to render quality services to the community. Also at to third parties, such as medical aids and pension Matjhabeng, a material irregularity was identified funds. We confirmed nine material irregularities relating to the construction of the Nyakallong at five municipalities relating to the late payment storm-water system. The contract of R13,74 million of Eskom and South African Revenue Service was awarded in April 2017 and the project was to accounts, mainly due to municipalities’ inability to be completed by May 2018. However, the project pay their creditors on time, which resulted in interest was found to be incomplete during a site visit, with and penalties of R296,82 million. the contractor abandoning the project site and the work performed not being of the required quality. Municipalities continued to suffer extensive Estimated payments of R7,21 million were made for distribution losses, which were due to dilapidating an attenuation dam to contain and manage storm infrastructure, unmetered consumption and theft. water but the dam had not been constructed. This Municipalities also incurred deficits totalling material irregularity was in the process of being R2,02 billion due to overspending of their approved referred to a public body for investigation. budgets, while unauthorised expenditure of R4,39 billion (2018-19: R4,95 billion) was incurred. Accountability can be realised through a Poor budgeting practices and overspending decisive leadership tone. To create sustainable hamper service delivery as municipalities are improvements in the control environment and audit unable to build up reserves that would help them outcomes, political and administrative leaders continue to provide services in future, such as should therefore adopt a zero-tolerance approach maintaining or replacing infrastructure assets. when it comes to non-compliance with legislation and poor performance by implementing timely Matjhabeng serves as an example where the consequences, including disciplinary action. This continued disregard for supply chain management will change the current culture and set an ethical prescripts and poor financial disciplines have led to and service-orientated tone for an enabling the municipality being in a dire financial position, environment. which in turn negatively affected service delivery. Accountability can be realised through decisive leadership tone SECTION 6: PROVINCIAL OVERVIEWS 123
6.3 GAUTENG PERFORMANCE SNAPSHOT The snapshot shows the audit outcomes of 10 municipalities and 14 municipal entities in the province. The audit outcomes of municipal entities are included due to the significance thereof in the province. The figures for unauthorised, irregular and fruitless and wasteful expenditure include Emfuleni, which is an outstanding audit. Overall audit outcomes MUNICIPALITIES 2 7 11 MUNICIPAL ENTITIES 13 1 1 1 1 5 1 1 0 0 MOVEMENT FROM 2018-19 OVER 4 YEARS MOVEMENT FROM 2018-19 OVER 4 YEARS JOHANNESBURG TSHWANE 13 3 City of Johannesburg Metro City of Tshwane Metro Johannesburg City Parks Housing Company Tshwane * City Power Johannesburg Tshwane Economic Development Agency * Joburg City Theatre * Johannesburg Development Agency Joburg Market Joburg Property Company Johannesburg Roads Agency Johannesburg Social Housing Company Johannesburg Water Johannesburg Metropolitan Bus Services Metropolitan Trading Company Pikitup Johannesburg WEST RAND 1 3 1 West Rand DM Mogale City LM Merafong City LM Rand West City LM West Rand Development Agency * EKURHULENI 1 2 1 SEDIBENG City of Ekurhuleni Metro 1 2 1 Brakpan Bus Company Sedibeng District East Rand Water Care Company Emfuleni LM Germiston Phase II Housing Company Lesedi LM Midvaal LM * These represent small auditees that are excluded from this report Metropolitan District Local District DM municipality LM municipality municipality Improved Unchanged Regressed Unqualified Unqualified Qualified Adverse Disclaimed Outstanding with no findings with findings with findings with findings with findings audits 124 Consolidated general report on the local government audit outcomes • MFMA 2019-20
2018-19: 2018-19: Financially unqualified financial statements 90% (9) 100% (10) 93% (13) 93% (13) Financial statements submitted without material misstatements 50% (5) 29% (4) 2018-19: 2018-19: No material findings on performance report 80% (8) 20% (2) 71% (10) 57% (8) Reported achievement reliable 80% (8) 93% (13) 2018-19: 2018-19: No material findings on compliance with legislation 20% (2) 10% (1) 0% (0) 7% (1) No findings on compliance with supply chain management legislation 10% (1) 0% (0) Material irregularities (MIs) Notified by 8 June 2021 9 MIs with estimated financial loss of R208,45 m at 2 municipalities NATURE Assets – 2 prior year MIs (R9,43 m estimated loss) Interest and penalties – 2 MIs (R22,59 m estimated loss) Revenue management (interest not charged on outstanding consumer debt) – 1 MI (R9,99 m estimated loss) Payments – 4 MIs (R166,44 m estimated loss) Unauthorised & fruitless and wasteful expenditure Unauthorised expenditure R4,24 bn Fruitless and wasteful expenditure R756,93 m 2018-19: R2,25 bn 2018-19: R749,90 m Irregular expenditure Closing balance R4,31 bn + R2,96 bn = R7,27 bn R21,16 bn 2018-19: R4,98 bn 2018-19: R1,76 bn 2018-19: R6,74 bn 2018-19: R16,28 bn TOP THREE CONTRIBUTORS TOP THREE CONTRIBUTORS City of Tshwane Metro R2,53 bn City Power R1,40 bn City of Johannesburg Metro R1,05 bn Johannesburg Water R735,13 m Emfuleni (outstanding) R309,61 m Johannesburg Roads Agency R316,04 m Use of financial reporting consultants R230,21 m – 6 municipalities TOP THREE SERVICES 2018-19: R242,42 m – 6 MUNICIPALITIES Asset management R224,88 m Recurring use of consultants at 83% Tax services R4,47 m of municipalities Financial statements review/preparation R0,86 m Financial health indicators Going concern uncertainty 30% (3) – Deficit R3,21 bn (4) R83,56 m (2) Average creditor-payment period 300 days 191 days Eskom and water boards’ debt in arrears R2,77 bn (5) – Creditors > cash available at year-end 80% (8) 69% (9) Average municipal debt not recoverable 65% (10) 46% (13) Average debt-recovery period 119 days 215 days Municipalities Municipal entities SECTION 6: PROVINCIAL OVERVIEWS 125
PROVINCIAL OVERVIEW GP Each province has a unique story... Despite pockets of improvements, inadequate monitoring of preventative controls resulted in stagnant outcomes and increasing levels of unauthorised, irregular and fruitless and wasteful expenditure Reflecting on the previous year, Gauteng addition, material errors on assets were identified municipalities had held steady with good audit and corrected, despite the metro spending outcomes sustained in 2018-19 as a result of a R198,43 million (2018-19: R213,14 million) on stable control environment. We had urged the consultants to verify and correct the fixed asset provincial leadership to enhance good financial register. While the province used public funds discipline, preventative controls and the effecting efficiently by using mostly internal staff to prepare of consequences. In response, municipal audit financial statements, care should be taken to ensure outcomes were sustained in 2019-20, with the that the limited available public funds are spent in significant achievement of the City of Ekurhuleni an effective manner in all instances. Metro improving to a clean audit outcome due to addressing material procurement findings, thereby While compliance outcomes improved, the current joining Midvaal that maintained its clean audit level of non-compliance remains high, particularly outcome for the seventh consecutive year. in relation to procurement management and the prevention of unauthorised, irregular and fruitless Gauteng municipalities had generally produced and wasteful expenditure. We remain concerned good-quality published financial statements in the about the high levels of irregular expenditure preceding three years and was the only province incurred, especially at City of Tshwane and City without negative financial outcomes. However, the of Johannesburg metros (which contributed a emergence of qualifications requires attention, with combined R3,58 billion (83%) at municipal level), and Rand West City regressing in the current year to a the increased closing balances not yet dealt with qualified opinion from an unqualified opinion with due to the slow pace of investigations. findings, due to various material errors in its financial statements. Municipalities should work towards Outcomes on performance reporting improved strengthening preventative controls to avoid reliance significantly with the majority of municipalities on the audit process to identify and correct errors, reporting accurately on service delivery information. particularly in relation to accounting for assets. This was due to an improvement in the consistent implementation of controls relating to performance The quality of financials at metros improved overall information. Municipalities should build on this, and except at the City of Tshwane Metro, which relied use it as an opportunity to improve the achievement on the audit process to support revenue disclosed of performance targets and – in turn – service in the financials. This was due to the practice of delivery. This is especially significant in the context of estimating service charges for excessive periods. In the covid-19 pandemic, as the period of lockdown 126 Consolidated general report on the local government audit outcomes • MFMA 2019-20
as well as budget constraints had a negative impact Gauteng’s service delivery model is fairly unique on the achievement of planned performance in the country, with a number of specialised targets in the province. Municipalities should also municipal entities administered by municipal ensure that controls implemented around the boards and responsible for a significant portion of key service delivery programmes audited are the province’s municipal expenditure and service replicated across all programmes to sustain positive delivery programmes. The overall negative trend performance information outcomes going forward in municipal entity outcomes, primarily due to and, most importantly, ensure that citizens receive non-compliance with legislation, continued in the quality services. current year as the Johannesburg Development Agency regressed from a clean audit outcome, Despite efforts made, the financial health of which it had sustained for three years, to an municipalities, including the metros as the unqualified opinion with findings. This was due economic hubs of the country, remained to material errors in the submitted financials concerning and fell under further strain due (which were subsequently corrected), caused by to covid-19. The pandemic worsened existing inadequate reviews of the financial statements difficulties relating to poor revenue collection, debt and supporting schedules. In addition, the Brakpan write-offs and credit downgrades. The deteriorating Bus Company remained disclaimed for the second financial position poses a risk towards municipalities year, due to instability in the accounting officer and achieving their planned service delivery targets. This financial manager positions, inadequate record- calls for greater financial prudence over the limited management controls, and a lack of basic financial funds available and the elimination of wasteful disciplines. All other municipal entities sustained expenditure and other losses. This will ensure that their outcomes of unqualified with material municipalities are able to provide adequate findings, including the four largest municipal entities by budget, namely City Power Johannesburg, services to the expanding Gauteng population. Johannesburg Water, Pikitup Johannesburg While efforts were made to stabilise municipalities, and Johannesburg Roads Agency, which were including provincial intervention at West Rand responsible for a combined R36,13 billion of the District and Emfuleni, the implementation of total municipal entity budget of R42,8 billion. In financial improvement strategies remains in the context of the municipal entity administrative progress and should be accelerated. model, we reiterate our previous year’s recommendation that the municipal leadership Notwithstanding some improvements, the and oversight structures pay closer attention to the combined assurance model is still not as effective governance of entities under their control to reverse as it should be. We encourage all role players – the negative trend in audit outcomes. especially accounting officers, senior management (together with internal audit units and audit We expanded our implementation of the amended committees) and executive authorities – to ensure Public Audit Act to four auditees, and identified that they contribute positively towards providing nine material irregularities at two metros, namely assurance regarding the control environment. These City of Tshwane and City of Johannesburg. controls include regular and accurate reviews The material irregularities related to the current of financial and performance reports, proper and prior years, indicating that municipalities procurement planning and contract management, should prioritise monitoring the implementation and the use of compliance checklists. of stringent controls over expenditure to ensure that payments are made only when goods and In addition, increased oversight by councils and services are received, and that municipal assets municipal public accounts committees would are adequately safeguarded. Accounting officers be instrumental in holding municipal leaders have been responsive towards the process and are accountable, including ensuring that investigations taking corrective steps to address the irregularities into unauthorised, irregular and fruitless and identified. However, oversight and executive wasteful expenditure are done timeously. We also authorities should also continue to monitor the continue to encourage the provincial cooperative progress made to both address and prevent such governance department, the provincial treasury material irregularities, thereby ensuring that public and the premier to intensify the level of support funds are only spent for their intended purpose. provided to municipalities going forward, especially in the area of compliance with legislation and the quality of published financial statements. SECTION 6: PROVINCIAL OVERVIEWS 127
Gauteng remains well positioned as a destination of unauthorised, irregular and fruitless and wasteful choice for individuals with professional skills seeking expenditure; and the effecting of adequate employment in the country, with municipalities that consequences for poor performance and have both attracted and retained staff with the transgressions. right skills benefiting from this continuity. This has had a positive impact on financial management and – While the covid-19 pandemic has brought new in turn – audit outcomes. The province’s outcomes challenges to the auditing sphere, we will continue have also demonstrated that focused attention by to focus on supporting the public sector to provide the political and administrative leadership to our the tools to those responsible to strengthen the messages has yielded some benefits, especially municipal control environment. This we will do relating to compliance and performance reporting. through our ongoing engagements with the There remains a need for further improvement, political and administrative leadership of the and we therefore urge oversight structures to province, including through our communication monitor and hold accounting officers accountable, of key recommendations and guidance on particularly regarding the worrying emergence preventative controls. of qualified financial outcomes; the high levels of Improve monitoring of preventative controls 128 Consolidated general report on the local government audit outcomes • MFMA 2019-20
6.4 KWAZULU-NATAL PERFORMANCE SNAPSHOT The snapshot shows the audit outcomes of 52 municipalities and 2 entities. With the exception of unauthorised, irregular and fruitless and wasteful expenditure, the outcomes of the outstanding audits are not included in the snapshot. AMAJUBA UMZINYATHI ZULULAND 1 2 1 2 1 1 1 3 3 Amajuba DM uMzinyathi DM Zululand DM Danhausser LM Endumeni LM Abaqulusi LM Emadlangeni LM Msinga LM eDumbe LM Newcastle LM Nquthu LM Nongoma LM Umvoti LM Ulundi LM uPhongolo LM UTHUKELA UMKHANYAKUDE 1 1 1 1 2 2 1 Uthukela DM Umkhanyakude DM Alfred Duma LM Big 5 Hlabisa LM Inkosi Langalibalele LM Jozini LM Okhahlamba LM Mtubatuba LM Umhlabuyalingana LM UMGUNGUNDLOVU KING CETSHWAYO 5 3 1 5 Umgungundlovu DM King Cetshwayo DM Impendle LM Mfolozi LM Mkhambathini LM Mthonjaneni LM Mpofana LM Nkandla LM Msunduzi LM Umhlatuze LM Richmond LM Umlalazi LM Umngeni LM uMshwathi LM ILEMBE 5 HARRY GWALA UGU Ilembe DM KwaDukuza LM 4 1 3 1 1 Mandeni LM Harry Gwala DM Ugu DM Maphumulo LM Dr Nkosazana Dlamini Zuma LM Ray Nkonyeni LM Ndwedwe LM Greater Kokstad LM uMdoni LM Ubuhlebezwe LM Umuziwabantu LM ETHEKWINI METRO uMzimkhulu LM Umzumbe LM 1 UThukela Water Durban Marine Theme Park Metropolitan Municipal DM District Local municipality District municipality LM municipality entity Improved Unchanged Regressed Unqualified Unqualified Qualified Adverse Disclaimed Outstanding with no findings with findings with findings with findings with findings audits SECTION 6: PROVINCIAL OVERVIEWS 129
MUNICIPALITIES 2 32 14 13 2 MUNICIPAL ENTITIES Overall audit outcomes 1 1 8 17 8 6 MOVEMENT FROM 2018-19 OVER 4 YEARS 2018-19: Financially unqualified financial statements 65% (35) 63% (34) Financial statements submitted without material misstatements 24% (13) 2018-19: No material findings on performance report 59% (32) 46% (25) Reported achievement reliable 74% (40) No material findings on compliance with legislation 4% (2) 2018-19: 4% (2) No findings on compliance with supply chain management legislation 2% (1) Material irregularities (MIs) Notified by 7 June 2021 NATURE 18 MIs with estimated financial loss of Interest and penalties R18,03 m R64,58 m R248,36 m at 5 municipalities Assets not safeguarded Revenue not billed/collected R161,24 m Unauthorised & fruitless and wasteful expenditure Unauthorised expenditure R3 666,37 m Fruitless and wasteful expenditure R138,94 m Irregular expenditure R4 861,81 m TOP THREE CONTRIBUTORS 2018-19: R6 521,57 m eThekwini Metro R1 072,03 m Closing balance Umkhanyakude R476,42 m R13 511,10 m uMzinyathi R298,37 m 2018-19: R13 467,46 m Use of financial reporting consultants R109,88 m – 33 municipalities TOP THREE SERVICES (excluding amounts paid by other institutions) Asset management R38,67 m 2018-19: R93,37 m – 44 MUNICIPALITIES Financial statements preparation R32,26 m Recurring use of consultants at 76% of Other financial reporting services R18,95 m municipalities Financial health indicators Going concern uncertainty 17% (9) Deficit R660,41 m (10) Average creditor-payment period 136 days Eskom and water boards’ debt in arrears (municipalities only) R1 098,94 m (16) Creditors > cash available at year-end 42% (21) Average municipal debt not recoverable 56% (50) Average debt-recovery period 196 days 130 Consolidated general report on the local government audit outcomes • MFMA 2019-20
PROVINCIAL OVERVIEW KZN Each province has a unique story... Stagnation in audit outcomes – effective accountability and consequences not consistently enforced In 2018-19, we urged leadership to respond to our The quality of the submitted financial statements constant calls for the effective implementation reflected an improvement at some municipalities and monitoring of preventative controls and due to leadership’s commitment to implement recommendations to positively influence and maintain robust transactional level controls. accountability and basic control disciplines. The However, there are still a large number of overall stagnation in audit outcomes demonstrates municipalities (76%) that submitted poor-quality complacency from management and leadership financial statements. Municipalities continued to when it comes to effectively and decisively rely on the audit process to identify misstatements, addressing key matters of concern. Slow responses as evident by the 41% of auditees that received an by management, coupled with leadership’s lack of unqualified audit opinion only because material action in implementing action plans and failure to audit adjustments were allowed. implement consequences for poor performance, remained the main factors that negatively affected Many municipalities also continued to rely on the audit outcomes. consultants even though officials were appointed to perform these functions. Despite the excessive The City of Umhlatuze’s improvement to a clean amounts spent on consultants for financial audit was a step in the right direction, attributed reporting, only seven (21%) of the 33 municipalities to management implementing an action plan to reflected improved audit outcomes, while we address prior year audit recommendations and identified material misstatements in the consultants’ to the internal audit unit performing risk-based area of responsibilities at 17 municipalities (52%). audits on supply chain management processes. The poor quality of the underlying data, coupled The finance team was sufficiently resourced and with poor project management and monitoring skilled, which allowed them to prepare the financial of the consultants’ work, limited their impact and statements in-house. In contrast, the financial effectiveness on quality financial reporting. statements of Umzinyathi, Amajuba and Inkosi Langalibalele were not supported by sufficient audit Fewer auditees had material findings on their evidence, resulting in their disclaimed opinions. reported performance information, although This stemmed from senior management’s failure to material adjustments had to be made to the take accountability and institutionalise the basic submitted performance reports. The improvement disciplines of record management, reconciliations could mainly be attributed to enhanced record- and fundamental reviews of financial reporting. keeping practices and detailed reviews and SECTION 6: PROVINCIAL OVERVIEWS 131
oversight by the internal monitoring and The material irregularities we identified at five evaluation units. Useful and reliable performance municipalities demonstrate that, in addition to the reporting provides communities with credible challenges faced by municipalities relating to poor information that they can use to assess service financial management practices, financial losses delivery and hold municipalities accountable. It were incurred largely as a result of payments for also allows national and provincial government to goods or services not received, failure to safeguard track progress towards service delivery goals. assets, fruitless and wasteful expenditure incurred in the form of interest and penalties, as well as the Compliance with key legislation remained a non-billing and collection of revenue due. challenge due to inadequate consequences for transgressions and a failure to implement The provincial cooperative governance supervisory checks and controls. Non-compliance department swiftly intervened at municipalities with with supply chain management prescripts maladministration by appointing administrators. contributed to more than 90% of the total irregular However, there were no significant improvements expenditure incurred of R4,86 billion. Although in audit outcomes, mainly due to the late some efforts were made to deal with the prior year appointment of the administrators, resistance irregular expenditure closing balance of by municipal officials, and vacancies in key R13,47 billion, progress in investigating this balance positions. Of the seven municipalities that were was slow. Irregular expenditure of R4,55 billion was under administration in the previous year, only written off as no officials were found to be liable two reflected an improved audit outcome, while for these transgressions. Municipal councils did not two regressed and three remained unchanged always ensure that investigations were adequately on unfavourable audit outcomes. Through the performed to determine if a person was liable municipal support programme, the premier’s office before approving the write-off of irregular (in conjunction with the provincial cooperative expenditure. governance department and the provincial treasury) helped municipalities to reduce the Financial sustainability remained under stress, number of compliance findings and the amount aggravated by economic pressures and austerity of irregular expenditure reported, and to improve measures announced by government. Nine the quality of performance reporting. However, a auditees reported going concern challenges. At detailed analysis of the impact of these initiatives, some municipalities, the collection of debt was together with the stringent monitoring of their hampered by ineffective debt-collection systems implementation (including the transfer of skills), and processes. This was made even worse by the must be further intensified to trigger sustainable impact of the covid-19 pandemic and resulted improvements. in municipalities struggling to pay outstanding creditors, such as Eskom and water boards, on As municipalities are at the forefront of service a timely basis. Municipalities also struggled to delivery and have a direct impact on the lives of practise sound financial management and budget citizens, it is critical that they have sound internal monitoring, as 20% of them reported deficits for the control systems and effective governance structures year. The poor financial management practices for them to achieve their goals. Management affected some municipalities’ ability to provide needs to ensure that the understanding and adequate service delivery to citizens. Unauthorised application of preventative controls is entrenched expenditure amounted to R3,67 billion in the in day-to day activities through appropriate current year, mostly due to overspending on reviews, monitoring, corrective action and non-cash items. Non-cash items such as debt- credible reporting by appropriately skilled officials. impairment provisions were higher because the Municipal managers must also promote a culture covid-19 pandemic affected citizens’ ability to pay of accountability by monitoring corrective action for services rendered. There was also unplanned based on our recommendations. Consequences additional expenditure due to the pandemic. must be enforced for officials who fail to comply On a positive note, the City of Umhlatuze (which with applicable legislation, and strict corrective obtained a clean audit) has, over a number action must be taken against transgressors. of years, demonstrated the prudent financial management of funds, which has contributed to the achievement of service delivery initiatives. 132 Consolidated general report on the local government audit outcomes • MFMA 2019-20
We continue to encourage key role players and use a collaborative approach when assessing such as the provincial cooperative governance and responding to the myriad of risks affecting local department and the provincial treasury to intensify government. To improve sustainably, leadership the level of support provided to municipalities going in local government should enforce a culture of forward, especially in the areas of compliance ethical behaviour and adhere to good governance with legislation and financial management. These practices in order to strengthen accountability and coordinating departments need to work efficiently transparency. Upscale implementation of preventative controls and drive consistent consequences SECTION 6: PROVINCIAL OVERVIEWS 133
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