SERVICE CHARTER AND SERVICE DELIVERY IMPROVEMENT PLAN: 2018 2021
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DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 SERVICE CHARTER AND SERVICE DELIVERY IMPROVEMENT PLAN: 2018 - 2021 1
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 SERVICE DELIVERY CHARTER AND THE SERVICE DELIVERY IMPROVEMENT PLAN OF THE DEPARTMENT OF COOPERATIVE GOVERNANCE & TRADITIONAL AFFAIRS 2018 – 2021 Honourable Xolile Nqatha Ms Gabisile Gumbi-Masilela Member of the Executive Council Head of Department 2
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 TABLE OF CONTENTS PAGE PART A: SERVICE CHARTER......................................................................................................................................... 2 – 7 ANNEXURE: DEPARTMENT’S CONTACT DETAILS......................................................................................................... 8 - 9 PART B: SERVICE DELIVERY IMPROVEMENT PLAN...................................................................................................... 10 - 11 OFFICIAL SIGN-OFF..................................................................................................................................................... 12 1. SDIP DEVELOPMENT APPROACH....................................................................................................................... 13 1.1 INTRODUCTION...................................................................................................................................... 13 1.2 PROBLEM STATEMENT ......................................................................................................................... 13 1.3 PREPARATORY PROCESS....................................................................................................................... 13 1.4 SDIP DEVELOPMENT APPROACH........................................................................................................... 14 2. LEGAL MANDATE, LISTED SERVICES & SITUATIONAL ANALYSIS........................................................................ 14 2.1 VISION.......................................................................................................................................................... 14 2.2 MISSION....................................................................................................................................................... 14 2.3 VALUE STATEMENT...................................................................................................................................... 15 2.4 THE LEGAL MANDATE OF THE DEPARTMENT............................................................................................... 15 2.4.1 CONSTITUTIONAL MANDATES...................................................................................................................... 15 - 16 2.4.2 LOCAL GOVERNMENT LEGISLATION............................................................................................................. 16 2.4.3 TRADITIONAL AFFAIRS LEGISLATION ........................................................................................................... 17 2.4.4 FURTHER PIECES OF LEGISLATION............................................................................................................... 17 2.4.5 TRANSVERSAL LEGISLATION........................................................................................................................ 18 3. SERVICE DELIVERY IMPROVEMENT PLAN.......................................................................................................... 19 3.1 LIST OF SERVICES PROVIDED BY THE DEPARTMENT................................................................................... 19 3.2 SITUATIONAL ANALYSIS................................................................................................................................ 19 - 21 3.3 IDENTIFICATION OF KEY (MAIN CRITICAL) SERVICES................................................................................... 21 4. SDIP IMPLEMENTATION, MONITORING AND REPORTING METHODS................................................................... 21 5. CONCLUSION .................................................................................................................................................... 21 ANNEXURE A: SUPPORT PROVISION OF FREE BASIC SERVICES BY MUNICIPALITIES.................................................. 22 - 25 ANNEXURE B: IMPROVE INFRASTRUCTURAL SPENDING BY MUNICIPALITIES............................................................. 26 - 27 ANNEXURE C: IMPROVE CONSTRUCTION OF TRADITIONAL COUNCILS........................................................................ 28 - 29 3
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 It is hereby certified that this Service Delivery Charter was: i. developed by the management and all the programmes of the Department of Cooperative Governance and Traditional Affairs with the guidance of Honourable Xolile Nqatha, the MEC for the Department of Cooperative Governance and Traditional Affairs; ii. prepared in line with the current Annual Performance Plan of the Department of Cooperative Governance and Traditional Affairs and the COGTA Service Delivery Model. _________________________ _____________________ K. SHINTA DATE CHIEF FINANCIAL OFFICER _________________________ _____________________ P. ROBOJI DATE DEPUTY DIRECTOR GENERAL: DEVELOPMENTAL LOCAL GOVERNMENT _________________________ _____________________ V. MLOKOTHI DATE DEPUTY DIRECTOR GENERAL: CORPORATE MANAGEMENT _________________________ _____________________ T.W. GWEBINDLALA DATE DEPUTY DIRECTOR GENERAL: TRADITIONAL AFFAIRS _________________________ _____________________ G. GUMBI-MASILELA DATE HEAD OF DEPARTMENT APPROVED _________________________ ____________________ X. NQATHA DATE MEMBER OF THE EXECUTIVE COUNCIL 4
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 OUR MANDATE We are mandated by the Constitution of the Republic of South Africa (1996), Chapters 2, 3, 6, 7 and 12; Chapter 6: Section 139 interventions in local government, Chapter 7: Sections 154 and 155 to support and strengthen the capacity of municipalities and traditional leadership institutions to be able to: • Manage their own affairs • Exercise their powers and • Perform their functions. Chapter 12: Sections 211 and 212: • Recognition • Role of traditional leaders Chapter 7 outlines the objectives and mandates in respect of local government. The following mandates for the Department of Cooperative Governance and Traditional Affairs can be extracted from this: • To establish municipalities consistent with national legislation; • To support and strengthen the capacity of municipalities; • To regulate the performance of municipalities in terms of their functions listed in Schedules 4 and 5 of the Constitution; • To intervene where there is non-fulfilment of legislative, executive or financial obligations; and • To promote developmental local government. Our Vision We envision an integrated, capable, responsive and accountable local government and traditional institution system focusing on the needs of the community. Our Mission We undertake to promote a developmental local state and traditional institutions that are accountable, focused on citizen’s priorities; capable of delivering high-quality services consistently and sustainably through Local Government and participatory democracy. Our Values Our values, principles and aspirations are people orientated and are based on the Batho Pele Principles. 5
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 VALUES DEFINITIONS Consultation We always consult our customers on the level, quality and choices of the services we offer. Quality We set high standards geared towards effective and efficient services delivery. Equality We shall give equal access to our services to all, with special emphasis on targeted groups. Professionalism We believe that our customers are entitled to be treated courteously and with the highest level of professionalism. Highest ethical standards We shall always maintain zero tolerance towards fraud and corruption Staff our greatest assets We believe that our employees are integral to the success of the Department and we will at all times endeavour to ensure that their organizational needs are satisfied. Responsiveness We pledge to respond speedily and effectively to the needs of stakeholders and communities. CORE SERVICES RENDERED BY THE DEPARTMENT • Legislation to provide support the functionality of municipalities and traditional leadership institutions; • Norms and standard frameworks; • Capacity building and technical support to municipalities and traditional leadership institutions; • Financial support to municipalities and traditional leadership institutions; • Oversight reports; • Intervention mechanisms. • Construction of Traditional Councils GENERIC SERVICE STANDARDS We undertake to adhere to the following service standards: • Serve all service beneficiaries courteously and promptly at all service delivery points. • Ensure that all capital grant spending is accounted for and funds are spent for the intended purposes. • Ensure that regular updates are provided to communities in relation to petitions submitted both to municipalities and provincial government. • All employees shall wear name tags for easy identification. • All applications for vacant posts shall be acknowledged within 21 days from date of receipt. • Update and audit Indigent Registers (IR) to eliminate illegal beneficiaries in the list. • All shortlisted candidates shall be notified within 2 working days after short listing and at least 3 days before interview. • All unsuccessful candidates shall be advised in writing within a maximum of 30 working days after the interview. • All visitors shall be treated courteously and wear visitors identification tags. • All visitors shall be seated in a comfortable area and attended within 10 minutes on arrival. • Suppliers and / or creditors shall be paid within 30 days on receipt of invoices. • Successful and unsuccessful bidder(s) shall be advised of the outcome within 15 days. • All employees shall dress appropriately as per the Dress Code Policy of the Department. 6
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 CORE SERVICE STANDARDS BRANCH: DEVELOPMENTAL LOCAL GOVERNMENT The Department shall provide support to municipalities within 30 days of notification. The Department shall monitor infrastructure spending by municipalities on a quarterly basis. The Department shall monitor electrification, water, sanitation, debts, indigent register and intervention measures to municipalities. BRANCH: TRADITIONAL AFFAIRS • All requests for recognition of traditional leaders shall be processed within 30 days. • Improve construction of Traditional Councils LODGING OF COMPLAINTS We respect the right of citizens to complain if our services are poor or unsatisfactory. In this regard; • You may lodge your complaint to the District Director’s office (District Offices). • Customer Care office; Corporate Communications Directorate: Head Office • We undertake to investigate and respond to your complaint within 14 days of receipt • Should you not be satisfied with the outcome, you may lodge your complaint to the Director: Office of the Head of Department. • We will apologize and take corrective measures if it is our fault • We will maintain a complaints registration and follow-up mechanism • We undertake to treat any information on fraud and corruption seriously • You may use the toll-free number to report fraud, corruption and mal-administration. YOUR RIGHTS We acknowledge that you, as our service beneficiary, you have all the rights that are enshrined in the Bill of Rights of the Constitution of South Africa as they relate to our mandate. YOUR OBLIGATIONS As our service beneficiary, we expect you to be reasonable, courteous and respect the dignity of our employees. OUR COMMITMENT TO BETTER SERVICES We undertake to coordinate support and strengthen the capacity of municipalities in order to manage their own affairs and to perform their functions. We also undertake to support the institution of traditional leadership to perform their functions effectively and efficiently. 7
ANNEXURE: DEPARTMENT’S CONTACT DETAILS Name of the Department Cooperative Governance and Traditional Affairs The Physical, postal and e-mail addresses of the Department Phalo Avenue, Tyamzashe Building Private Bag X0035 Bhisho 5605 040 609 5656 / 7 / 8 (Office of the HoD) Fax: 040 639 2163 Website: www.eclgta.gov.za The days and times that the Department is open to public except Public Holidays Monday – Thursday : 08h00 to 16h30 Friday : 08h00 to 16h00 Contact numbers SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 Name Component Designation Tel Numbers e-mail 8 Mr X. Nqatha Office of the Public Member of the 040 609 5788 noncedo.nothoko@eccogta.gov.za Bearer Executive Council Ms G. Gumbi-Masilela Head of Department Head of Department 040 609 5657 Gabisile Gumbi-Masilela 040 609 5658 DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Ms P. Roboji Developmental Local Deputy Director 040 609 5578 pashee.roboji@eccogta.gov.za Government General Mr V. Mlokothi DDG: Corporate Deputy Director 040 609 5336 vuyo.mlokothi@eccogta.gov.za Management General Mr T.W. Gwebindlala Traditional Affairs Deputy Director 040 609 5710 tandabantu.gwebindlala@eccogta.gov.za General Ms K. Shinta Finance and Supply Chief Financial 040 609 5289 kutala.shinta@eccogta.gov.za Chain Management Officer Mr M. Ngam Corporate Director: Corporate 040 609 5743 mamnkeli.ngam@eccogta.gov.za Communications & Communications Customer Care
DISTRICT OFFICES OR Tambo Alfred Nzo Joe Gqabi Director – Mr L. Jiyose Director – Mr M. Pinyana Director – Mr P. Funani Contact Details: (Office) – Contact Details: (Office) – Contact Details: (Office) – Mobile Phone: 083 248 0254 Mobile Phone:072 250 4417 Mobile Phone: 079 508 7502 E-mail: lamla.jiyose@eccogta.gov.za E-mail: mawetu.pinyana@eccogta.gov.za E-mail:paulos.funani@eccogta.gov.za Physical and Postal address: Physical and Postal address: Physical and Postal address: Room 849, 8th Floor, Botha Sigcau Building, cnr Mzimvubu Local Municipality, Corner of Coles and Queens Terrence Owen & Leeds Street, Mthatha, 5100 Street, Aliwal North 9750 Block A Office, 67 Church Street, Tel: 051 0117 183 Cell: 082 495 3268 Mount Ayliff, Sarah Baartman Amathole & Buffalo City Metro Chris Hani Director – Mrs N. Jamjam Director – Mr Z. Bokwe Director – Mrs S. Nyaba SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 Contact Details: (Office) – 041 390 4231 Contact Details: (Office) – Contact Details: (Office) – Mobile Phone: 071 671 1441 Mobile Phone: 082 495 3013 Mobile Phone: 079 508 7605 9 E-mail: nozibele.jamjam@eccogta.gov.za E-mail: zingisa.bokwe@eccogta.gov.za E-mail: sindiswa.nyaba@eccogta.gov.za Physical and Postal address: Physical and Postal address: Physical and Postal address: 55 Clevedon Rd, Central, Port Elizabeth No. 1 Ironwood House, Palm Square, Private Bag X7086, Queenstown, 5320 DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS 6001 Beacon Bay, East London, 5241 Komani Hospital, Queenstown
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 PART B: SERVICE DELIVERY IMPROVEMENT PLAN DOCUMENT CONTROL Document title Department of Cooperative Governance and Traditional Affairs Service Delivery Improvement Plan (SDIP) 2018-2021 Creation date January 2018 Effective date 01 April 2018 Status Final Version V1 Owner file, name and Chief Director: Corporate Services, Mr M.L. Ngcai, contact details 040-608 4837, Malibongwe.ngcai@eccogta.gov.za Director: Organisational Transformation and Planning, Mr M.C. Giyose, 040-609 5633, Mongezi.giyose@eccogta.gov.za SDIP Coordinator, Service Excellence, Sub-directorate, Ms A. Conradie, 040-609 5127, Amalia.conradie@eccogta.gov.za Mr B. Gidi, 040-609 5127 Banele.gidi@eccogta.gov.za Author title, name and Director: Organisational Transformation and Planning contact details Contributors Directorate: Organisational Transformation and Planning Directorate: Monitoring and Evaluation Directorate: Strategic Management Editor Director: Organisational Transformation and Planning Distribution Department of Cooperative Governance and Traditional Affairs employees; National Department of Cooperative Governance and Traditional Affairs; Office of the Premier: Director: Process Design and Improvement, Director General: Office of the Premier; Director General: Office of the Premier; Minister of Public Service and Administration; Department of Public Service and Administration; Department of Planning, Monitoring & Evaluation; Metropolitan Municipalities, District Municipalities and Local Municipalities; Provincial House of Traditional Leaders Security classification Open source 10
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 LIST OF ABBREVIATIONS APP Annual Performance Plan DPSA Department of Public Service and Administration M&E Monitoring and Evaluation MECA Municipal Evaluation and Capacity Assessment OP Operational Plan OTP Office of the Premier SDIP Service Delivery Improvement Plan DEFINITIONS TERM DEFINITION Function The intended purpose of a person or thing in a specific role. Purpose, responsibility, concern, undertaking, commission, obligation, duty, etc. A system supplying a public need such as transport or water, etc., run by the state. Service Action/process of serving. Actions that fulfil a function. To supply the needs of the public by performing specific tasks; performance of work for another. Standard Level, grade, calibre, merit, yardstick, benchmark, measurement, criterion, touchstone, such as a code of behaviour, code of honour, principle, ideal, ethics, seniority levels at work, etc. For our purposes, a standard is something specific, measurable and realistic that can be achieved within a given time-frame. Target A person, object or place selected as an aim of an attack (marksman). An objective or result towards which efforts are directed. For the purposes of Service Delivery Improvement Stan- dards and Targets may be differentiated as follows: Standards set measurable levels of Service Performance; and Targets set measurable levels of Citizen Satisfaction. Task A specific piece of work that is required to be done. Assignment, duty, chore, detail, exercise. For example, by the end of this session you will be given the task of developing SDIPs for your divisions Theme An idea or topic, a unifying idea. A subject on which a person speaks or writes or about which she or he thinks Project An enterprise carefully planned to achieve a particular aim. For example, a government-subsi- dised block of houses. A proposal, scheme or a task requiring a concerted effort Improvement To become or make better in quality, to achieve better standards or to increase in quantity, in comparison with existing conditions Indicator Guide, mark; a thing that indicates a state or level; a meter or gauge to reflect or indicate spe- cific outcomes or outputs. A device to attract attention; a measuring instrument. Quantity Amount, number, aspect that can be measured, weighed, counted. An answer to “How much?” or “How many?” Quality A degree or standard of excellence. High standard in accordance with a given template or national or international specifications such as SABS or ISO 9001 : 2000. Time-bound A specified period, duration, deadline Cost Budget. Something measured in money or time; the amount paid for a commodity. If an ap- proved service is delivered in the right quantity, at the right quality, within the given time-frame and budget, it is likely that it is also providing value for money. 11
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 SIGN-OFF Official Sign-Off It is hereby certified that this Service Delivery Improvement Plan was: iii. developed by the management and all the programmes of the Department of Cooperative Governance and Traditional Affairs under the guidance of Hon. X. Nqatha, the MEC for the Department of Cooperative Governance and Traditional Affairs; iv. prepared in line with the current Annual Performance Plan of the Department of Cooperative Governance and Traditional Affairs and the COGTA Service Delivery Model. _________________________ _____________________ K. SHINTA DATE CHIEF FINANCIAL OFFICER _________________________ _____________________ P. ROBOJI DATE DEPUTY DIRECTOR GENERAL: DEVELOPMENTAL LOCAL GOVERNMENT _________________________ _____________________ V. MLOKOTHI DATE DEPUTY DIRECTOR GENERAL: CORPORATE MANAGEMENT _________________________ _____________________ T.W. GWEBINDLALA DATE DEPUTY DIRECTOR GENERAL: TRADITIONAL AFFAIRS _________________________ _____________________ G. GUMBI-MASILELA DATE HEAD OF DEPARTMENT APPROVED ________________________ ____________________ X. NQATHA DATE MEMBER OF THE EXECUTIVE COUNCIL 12
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 1. SDIP DEVELOPMENT APPROACH 1.1 Introduction Over the years, the Department of Cooperative Governance and Traditional Affairs has been developing its SDIP and Service Charter as matter of compliance. However, with the advent of the new Public Service Regulations and the relevant guidelines, it has become necessary not only to comply with the regulatory framework in terms of procedure and substance but also to continuously improve service delivery. Therefore, the purpose of this SDIP is to develop an improvement plan that is practical, effective and resulting to continuous improvement of service delivery and satisfaction to service beneficiaries. Some of the weaknesses include but not limited to lack of meaningful consultation with key stakeholders, less emphasis on quality, time and costs, lack of or very little benchmarking. The SDIP 2018/2021 seeks to improve on these weaknesses and to comply fully with the regulatory framework. One of the measures to address the weaknesses is to engage all key stakeholders in meaningful consultation and involvement, address fully the concepts of quantity, quality, time and costs and strive for continuous improvement of service. 1.2 Problem statement At present, there has been a notable increase in public service delivery protests and poor financial management by a number of municipalities. Furthermore, there is insignificant impact in the construction of Traditional Councils by the Department as well as a high rate of initiation deaths. To address the abovementioned service delivery challenges, the Department has identified four (4) key services as top priority which are elaborated upon in paragraph 3. 1.3 Preparatory process NAME BUSINESS UNIT DESIGNATION GENDER RACE M.C. Giyose HR Organisational Transformation & Director M B Planning W. Galli Strategic Management Director M C E. Vermaak Monitoring & Evaluation Director M W M. Ngam Corporate Communications Director M B N.A. Dlulane Regional Coordination Director F B L. Marwede Organizational Development Deputy Director M B M. Yotsi Municipal Performance Monitoring Director M B A. Conradie Service Excellence Senior Personnel Practitioner F W B. Gidi Service Excellence Senior Personnel Officer M B 13
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 1.4 SDIP development approach Consultation of the SDIP STAKEHOLDERS REASONS FOR CONSULTATION Head of Department To obtain her strategic perspective, commitment and support for the SDIP process Strategic Management To obtain input and advice in the selection of key services rendered by the and Communication Department Services Chief Directorate Managers To obtain managerial perspective, commitment and support for the SDIP process Staff To obtain their views and support for the SDIP process Trade Unions To comply with good labour relations practice and legislation Other Government To obtain views and guidance for the development of the SDIP Departments (OTP) DPSA To obtain views and guidance for the development of the SDIP The following table outlines the plans which informs the development, implementation and the evaluation of the SDIP: PLAN OUTLINE Communication Plan The key message will be to seek agreement and the support from key stakeholders through SMS meetings, Staff meetings, Electronic communication, High level meet- ings and MuniMEC and the Management Labour Forum Implementation Plan The SDIP will be implemented through the Annual Performance Plan and Operational Plan Reporting Plan Reports will be made as prescribed in the APP and OP Monitoring Plan Monitoring of effectiveness will done as prescribed by Monitoring & Evaluation Policy Evaluation Plan Assessment of impact will be done as prescribed by M&E and MECA Change Management Plan 2. LEGAL MANDATE, LISTED SERVICES & SITUATIONAL ANALYSIS 2.1 Vision An integrated, capable, responsive and accountable local government and traditional institution system focusing on the needs of the community. 2.2 Mission To promote a developmental local state and traditional institutions that are accountable, focused on citizen’s priorities; capable of delivering high-quality services consistently and sustainably through Local Government and participatory democracy. 14
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 2.3 Value Statement Our values are people orientated and are based on the Batho Pele Principles. VALUES DEFINITIONS Consultation We always consult our customers on the level, quality and choices of the services we offer. Quality We set high standards geared towards effective and efficient services delivery. Equality We shall give equal access to our services to all, with special emphasis on targeted groups. Professionalism We believe that our customers are entitled to be treated courteously and with the highest level of professionalism. Highest ethical standards We shall always maintain zero tolerance towards fraud and corruption Staff our greatest assets We believe that our employees are integral to the success of the Department and we will at all times endeavour to ensure that their organizational needs are satisfied. Responsiveness We pledge to respond speedily and effectively to the needs of stakeholders and communities. 2.4 The legal mandate of the Department 2.4.1 Constitutional Mandates The Constitution of South Africa, 1996 as amended provides the national overarching framework for the functionality of all Government Departments in South Africa. Chapter 7 outlines the objectives and mandates in respect of Local Government, as the following: 2.4.1.1 To establish municipalities consistent with national legislation; 2.4.1.2 To support and strengthen the capacity of municipalities; 2.4.1.3 To regulate the performance of municipalities in terms of their functions listed in schedules 4 and 5 of the Constitution, 1996; 2.4.1.4 To intervene where there is non-fulfilment of legislative, executive or financial obligations; and 2.4.1.5 To promote Developmental Local Government Regarding Traditional Leadership, the Constitution of South Africa, 1996 as amended states the following on Recognition in Section 211: The institution, status and role of Traditional Leadership, according to customary law, are recognized subject to the Constitution. A Traditional Leadership Institution that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs. The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law. 15
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 The roles of Traditional Leaders are spelt out in Section 212 of the Constitution of South Africa, 1996. National legislation may provide for a role for Traditional Leadership as an institution at local level on matters affecting local communities. To deal with matters relating to Traditional Leadership, the role of Traditional Leaders, customary law and the customs of communities observing a system of customary law: National or Provincial legislation may provide for the establishment of Houses of Traditional Leaders; and National legislation may establish a Council of Traditional Leaders. 2.4.2 Local Government Legislation LEGISLATION DESCRIPTION Municipal Structures Act, 1998 & The Acts Provide for the establishment of municipalities in accordance with the requirements relating to and the types of municipalities. 2000 (Act 117 of 1998 and Provide for an appropriate division of functions and powers between Amendment Act 33 of 2000) categories of municipalities; and regulate the internal systems, structures and Office-bearers of municipalities. Municipal Systems Act, 2000 Provides for the core principles, mechanisms, and processes that are necessary to enable municipalities to move progressively towards the social (Act 32 of 2000) and economic up-liftmen of local communities and ensure universal access to the essential services that are affordable to all. Municipal Finance Management This Act aims to secure sound and sustainable management of the financial affairs of municipalities as well as to establish norms and standards against Act, 2003 (Act 56 of 2003) which the financial affairs can be monitored and measured. Municipal Property Rates Act, This Act aims to regulate the power of a municipality to impose rates on property, exclude certain properties from rating in the national interest, make 2004 (Act 6 of 2004) provision for municipalities to implement a transparent and fair system of exemptions, reduce and rebate through their rating policies, make provision for fair and equitable valuation methods of properties, make provision for an objection and appeal process and amend the Local Government. Municipal Demarcation Act, 1998 Provides for the criteria and procedures for the determination of municipal (Act 27 of 1998 as amended) boundaries by an independent authority. Disaster Management Act, 2002 This Act provides for integrated and coordinated disaster management focused on rapid and effective response to disasters and the reduction of (Act 57 of 2002) disaster risk. It also provides for the establishment of Provincial and Municipal Disaster Management Centers. Intergovernmental Relations This act aims to establish a framework for National Government as well as Provincial Governments and municipalities to promote and facilitate inter- Framework Act, 2005 (Act 13 of governmental relationships and to provide mechanisms and procedures to facilitate the settlement of intergovernmental disputes. 2005) Disaster Management Act, 2002 The Act provides an integrated and coordinated Disaster Management Policy that focuses on preventing or reducing the risk of disasters, mitigating (Act 57 of 2002) the severity of disasters, emergency preparedness, rapid and effective response to disasters and post-delivery recovery. The establishment of National, Provincial and Municipal Disaster Management Centers; Disaster management volunteers and matters incidental thereto. 16
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 2.4.3 Traditional Affairs Legislation LEGISLATION DESCRIPTION House of Traditional Leaders Provides for the establishment of the House of Act, 1995 (Act 1 of 1995) Traditional Leaders. Traditional Leadership and Governance Framework Act, Provides for the functions and roles of Tradi- 2003 (Act 41 of 2003 tional Leaders. Eastern Cape Traditional Leadership and Governance Provides for the establishment of the Provincial Act, 2017 (Act No 1 of 2017) EC House of Traditional Leaders. Eastern Cape Customary Male Initiation Practice Act, HOTL 2016 (Act No. 5 of 2016) 2.4.4 Further Pieces of Legislation 2.4.4.1 Administration and Control of Townships in Black Areas Regulations. 2.4.4.2 Broad Based Black Economic Empowerment Act, 2003 (Act 53 of 2003) 2.4.4.3 Control of Access to Public Premises Act, 1985 (Act 53 of 1985) 2.4.4.4 Environment Impact Assessment Regulations: Implementation of Sections 21, 22, 26 of the Environment Conservation Act, 1998 (Act 107 1998) 2.4.4.5 Fire Brigade Services Amendment Act; 2000 (Act 14 of 2000) 2.4.4.6 Inter-governmental Relations Framework Act, 2005 (Act 13 of 2005) 2.4.4.7 Land Survey Act, 1997 (Act No 8 of 1997) 2.4.4.8 Land Tenure in Towns Regulations 2.4.4.9 Land Use Planning Ordinance 15 of 1985 2.4.4.10 Less Formal Township Establishment Act,1991 (Act 113 of 1991) 2.4.4.11 Municipal Act of 1985 (Ciskei) 2.4.4.12 Municipal Act of 1979 (Transkei) 2.4.4.13 Municipal Ordinance 20 of 1974 (Cape Provincial Administration) 2.4.4.14 Physical Planning Act 1991 (Act 125 of 1991) 2.4.4.15 Re-determination of the Boundaries of Cross-Boundary Municipalities Act, 2005 (Act 6 of 2005) 2.4.4.16 Townships Proclamation No R293 of 1962 2.4.4.17 Removal of Restrictions Act, 1967 (Act 84 of 1967) 2.4.4.18 Remuneration of Public Office Bearers Act,1998 (Act 20 of 1998) 2.4.4.19 State Information Technology Agency Act, 1998 (Act 88 of 1998) 2.4.4.20 Spatial Planning and Land Use Management Act 2013 (Act 16 of 2013) 2.4.4.21 Townships Ordinance 33 of 1934 2.4.4.22 Transfer of staff to Municipalities Act, 1998 (Act 17 of 1998) 17
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 2.4.5 Transversal Legislation TERM DEFINITION Basic Conditions of Employment Act, To give effect to the right to fair labor practices referred to in section 23(1) of the 1997 (Act 75 of 1997 as amended): Constitution, 1996 by establishing and making provision for the regulation of basic conditions of employment; and thereby to comply with the obligations of the Republic of South Africa as a member state of the International Labor Organization; and to provide for matters related therewith. Employment Equity Act, 1998 (Act. 55 To promote equality, eliminate unfair discrimination in employment and to of 1998): ensure the implementation of employment equity measures to redress the effects of discrimination; to achieve a diverse and efficient workforce broadly representative of the demographics of the Province of the Eastern Cape. Labor Relations Act, 1995 (Act 66 of To regulate and guide the employer in recognizing and fulfilling its role in 1995): effecting labor peace and the democratization of the workplace. Occupational Health and Safety Act, To provide for the health and safety of persons at work and for the health 1993 (Act 85 of 1993): and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in relation with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters related therewith. Public Service Act, 1994 (Act 103 of To provide for the organization and administration of the public service of 1994 as amended by Act 30 of 2007): the Republic of South Africa, the regulation of the conditions of employment, terms of office, discipline, retirement and discharge of members of the public service, and matters related therewith. Skills Development Act, 1998 (Act 97 To provide an institutional framework to devise and implement national, of 1998) sector and workplace strategies to develop and improve the skills of the South African workforce; to integrate those strategies within the National Qualifications Framework contemplated in the South African Qualifications Authority Act, 1995; to provide for learner ships that lead to recognized occupational qualifications; to provide for the financing of skills development by means of a levy-grant scheme and a National Skills Fund; to provide for and regulate employment services; and to provide for matters connected therewith. Public Finance Management Act, 1999 To regulate financial management in the National and Provincial (Act 1 of 1999): Governments; to ensure that all revenue, expenditure, assets and liabilities of those governments are managed efficiently and effectively; to provide for the responsibilities of persons entrusted with financial management in those governments; and to provide for matters connected therewith. Skills Development Levies Act, 1999 To provide any public service employer in the national or provincial sphere of (Act 9 of 1999): Government with exemption from paying a skills development levy; and for exemption from matters related therewith. Promotion of Access to Information To give effect to the constitutional right of access to any information held Act, 2000 (Act 2 of 2000): by the State and any information that is held by another person and that is required for the exercise or protection of any rights; and to provide for matters related therewith. To give effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996; and to provide for matters incidental thereto. 18
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 3. SERVICE DELIVERY IMPROVEMENT PLAN 3.1 List of services provided by the Department 3.1.1 Provide legislation to provide support the functionality of municipalities and traditional leadership institutions; 3.1.2 Provide norms and standard frameworks; 3.1.3 Provide capacity building and technical support to municipalities and traditional leadership institutions; 3.1.4 Provide financial support to municipalities and traditional leadership institutions; 3.1.5 Provide oversight reports; 3.1.6 Provide intervention mechanisms. 3.2 Situational analysis The Department of Cooperative Governance and Traditional Affairs (COGTA) is mandated by the Constitution of the Republic of South Africa to support and strengthen the capacity of municipalities and Traditional Leadership Institutions to be able to manage their own affairs, exercise their powers and perform their functions. According to the Annual Performance Plan 2018 / 2019 of the Department, the stimulus for economic growth within the province still remains infrastructure. The provincial logistics network is particularly poor – with provincial road infrastructure being very poor. The provision and cost of utilities such as electricity, at municipal level needs to be strengthened to attract businesses / industry to EC. Water and Sanitation infrastructure remains a challenge with some provincial towns. Some municipalities still have a bucket system or no sanitation facility at all. Furthermore, poor alignment between IDPs and Sectoral Plans has a negative impact on Infrastructure Planning. Contract management is poor leading to diminished value for money in projects undertaken. The expenditure of infrastructure budgets continues to be a challenge and that leads to public intolerance, escalating public demands and increasing dependence on government. However, the department is extensively prioritizing the infrastructure development support to municipality together with spatial planning in order to realize social and economic development at a municipal level. According to the Statistics South Africa report State of Basic Service Delivery in South Africa: In-depth analysis of the Community Survey 2016 data (2016: 14), household access to piped water as their main source of water was highest in Western Cape (99%), Gauteng (97,4%) and Free State (96,2%), and lowest in Eastern Cape (75,1%) and Limpopo (79,9%). A large percentage of households in Eastern Cape (17,9%), KwaZulu-Natal (7,6%) and Limpopo (6,7%) still relied on unsafe sources of water. Composite Service Delivery Index The Infrastructure Quality index combines the individual index scores that were calculated for sanitation, water, refuse disposal and electricity in order to create an overall measure of service delivery across municipalities. This is done by creating a weighted average of the individual index scores. 19
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 Table 9.1: Composite service delivery index scores by municipal category and province, 2016 Index Service delivery Municipal category Sanitation Water Refuse removal Electricity Index Metro (A) 4,7 4,5 4,5 4,6 4,6 Secondary City (B1) 4,4 4,3 4,0 4,6 4,3 Large town (B2) 4,3 4,0 3,9 4,5 4,2 Small town (B3) 4,3 4,0 3,6 4,5 4,1 Rural municipality (B4) 3,5 2,8 2,3 4,5 3,3 Province Western Cape 4,8 4,6 4,7 4,8 4,7 Eastern Cape 4,1 3,3 3,2 4,4 3,8 Northern Cape 4,3 4,1 3,9 4,6 4,2 Free State 4,4 4,3 4,1 4,7 4,4 Kwa-Zulu Natal 4,1 3,8 3,5 4,5 4,0 North West 4 3,8 3,7 4,6 4,0 Gauteng 4,7 4,5 4,5 4,5 4,6 Mpumalanga 4 3,9 3,2 4,6 3,9 Limpopo 3,6 3,3 2,6 4,7 3,6 South Africa 4,3 4,1 3,9 4,6 4,2 The department, like all organizations is greatly affected by the macro environment. The political and economic factors, in particular the recent economic developments have had a profound impact on the Department. The political instability of the country has been one of the greatest threats as it has led to the country receiving a poor credit rating (so-called junk status) although there has been a slight improvement with the change of political leadership. One of the consequences of the downgraded credit rating is less disposable income and job security risks. This has led to a reduction of the budget of the department. It means the department has to do more with less. Therefore, decentralization of functions to districts and reduction of costs has to be expedited. An internal analysis of the department namely, the resources and capabilities in terms of strengths and weaknesses reveal the following situation: 3.2.1 Decentralization of functions is being implemented and given full support by Top Management; 3.2.2 Labour instability because the majority union in the department is not participating in formal and institutionalized labour structures; 3.2.3 Dwindling resources due to budget cuts as well as its suspect capabilities; 3.2.4 The Department has not yet conducted a skills audit of its employees and match it with its strategic objectives; 3.2.5 The operations management framework as outlined in the Public Service Regulations of 2016 has not been fully implemented. 20
DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 Therefore, during the development of this SDIP the Department has taken into account its strengths and weaknesses visa n vis the ever-growing demand for continuous improvement of delivery of services and satisfaction to service delivery. 3.3 Identification of key (main critical) services 3.3.1 Service Delivery Improvement Areas 3.3.1.1 List of services provided by the Department: 3.3.1.1.1 Legislation for functionality of municipalities and traditional leadership institutions; 3.3.1.1.2 Norms and standard frameworks; 3.3.1.1.3 Capacity building and technical support to municipalities and traditional leadership institutions; 3.3.1.1.4 Financial support to municipalities and traditional leadership institutions; 3.3.1.1.5 Oversight reports; 3.3.1.1.6 Intervention mechanisms; 3.3.1.1.7 Construction of Traditional Councils. 4. SDIP IMPLEMENTATION, MONITORING AND REPORTING METHODS The SDIP, as one of the key operating tools of the Department is aligned with the Annual Performance Plan 2018 - 2021 and as such it has been integrated into the Strategic Plan of the Department. Therefore, it will be implemented simultaneously with the Annual Operational Plan and the Annual Performance Plan. The SDIP will be monitored and reported on a quarterly basis through the prescribed reporting template. 5. CONCLUSION The Department of Cooperative Governance and Traditional Affairs is committed to fulfilling its mandatory obligations as prescribed in the Constitution and other legislation. Furthermore, it commits itself to continue to improve all the services it provides through improved integration and coordination of service delivery. 21
ANNEXURE A: SUPPORT THE PROVISION OF FREE BASIC SERVICES BY MUNICIPALITIES KEY SERVICE : 1 SERVICE PERFORMANCE AREA BASE YEAR PERFORMANCE PERFORMANCE PERFORMANCE BENEFICIARY 2017/2018 TARGET 2018/2019 TARGET 2019/2020 TARGET PERFORMANCE 2020/2021 LEVELS Provide capacity building Municipalities Support the provision 36 36 38 38 and technical support to of free basic services municipalities and traditional by Municipalities leadership institutions Process mapping & unit Please refer to the attached MIS standard operating procedures costing Problem analysis and Prob- Inadequate implementation of indigent policies to roll out free basic services by municipalities. lem statement Illegal provision of free basic services benefits to illegitimate households. SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 Failure to collect enough revenue by municipalities. 22 As a result of the above statement, the quality of services provided by municipalities are compromised. Professional Standards MIS staff comprises of professional Civil and Electrical Engineers and therefore, standards/guidance are provided by the (1) South African Institute of Civil Engineering (SAICE) and (2) Engineering Council of South Africa (ECSA) respectively Legal Standards if applicable National Indigent Policy Framework DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS (including standards operat- Provincial Indigent Policies ing procedures) Indigent Policy
BATHO PELE PRINCIPLES CURRENT 2017/18 DESIRED: YEAR 1 (2018/19) DESIRED: YEAR 2 (2019/20) DESIRED: YEAR 3 (2020/21) Consultation Quarterly Indigent Steering Quarterly Indigent Steering Quarterly Indigent Steering Quarterly Indigent Steering Committee meetings at local Committee meetings at local Committee meetings at local Committee meetings at local level. level. level. level. Quarterly Free Basic Services Quarterly Free Basic Services Quarterly Free Basic Services Quarterly Free Basic Services District Forums. District Forums. District Forums. District Forums. Annual workshops with District Annual workshops with District Annual workshops with District municipalities. municipalities. municipalities. One on one sessions with One on one sessions with One on one sessions with municipalities 1 x annually. municipalities 1 x annually. municipalities 1 x annually. Municipality engagement on Municipality engagement on Municipality engagement on request. request. request. Use of Imbizo’s to local Use of Imbizo’s to local Use of Imbizo’s to local communities when necessary communities when necessary communities when necessary Courtesy Written acknowledgement Written acknowledgement of Written acknowledgement of Written acknowledgement of SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 of approval and rejection of approval and rejection of the approval and rejection of the approval and rejection of the the indigent applications as indigent applications as well as indigent applications as well as indigent applications as well as the 23 well as the termination of the the termination of the provision the termination of the provision termination of the provision of the provision of the free basic of the free basic services. of the free basic services. free basic services. services. Sending of sms’s on the status Sending of sms’s on the status Sending of sms’s on the status of DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Sending of sms’s on the of the indigent provision to of the indigent provision to the indigent provision to individual status of the indigent individual applicants. individual applicants. applicants. provision to individual applicants. Access Service points in all the Service points in all the Service points in all the Service points in all the townships. townships. townships. townships. Satellite offices in the SASSA pay Satellite offices in the SASSA Satellite offices in the SASSA Satellite offices in the SASSA points. pay points. pay points. pay points. Satellite offices in tribal offices in Satellite offices in tribal offices Satellite offices in tribal offices Satellite offices in tribal offices rural areas. in rural areas. in rural areas. in rural areas. Payment and purchasing of Payment and purchasing Payment and purchasing of Payment and purchasing of electricity at the venders nearer to of electricity at the venders electricity at the venders nearer electricity at the venders nearer their residence. nearer to their residence. to their residence. to their residence. Accessing free basic services from Accessing free basic services Accessing free basic services the cell phone and internet. from the cell phone and internet. from the cell phone and internet.
Information Use of motorcade in the Use of motorcade in the Use of motorcade in the Use of motorcade in the townships townships and all residential townships and all residential townships and all residential and all residential areas. areas. areas. areas. Use of community radios to inform Use of community radios to Use of community radios to Use of community radios to the communities about free basic inform the communities about inform the communities about inform the communities about activities. free basic activities. free basic activities. free basic activities. Distribution of pamphlets and Distribution of pamphlets Distribution of pamphlets and Distribution of pamphlets and brochures in all social strategic and brochures in all social brochures in all social strategic brochures in all social strategic areas. strategic areas. areas. areas. Use of social networks. Use of social networks. Use of social networks. Constant consumer education Constant consumer education Constant consumer education in partnership with key sector in partnership with key sector in partnership with key sector departments. departments. departments. Openness and Advocacy and marketing Advocacy and marketing of the Advocacy and marketing of the Advocacy and marketing of the Transparency of the free basic services in free basic services in schools, free basic services in schools, free basic services in schools, schools, churches, social churches, social gatherings, etc. churches, social gatherings, etc. churches, social gatherings, etc. SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 gatherings, etc. Use of customer services to Use of customer services to Use of customer services to inform Use of customer services to inform the community about inform the community about the community about the activities 24 inform the community about the activities of the free basic the activities of the free basic of the free basic services. the activities of the free basic services. services. Use of Imbizo’s to local services. Use of Imbizo’s to local Use of Imbizo’s to local communities when necessary Use of Imbizo’s to local communities when necessary communities when necessary DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS communities when necessary Redress Each municipality have Each municipality have Each municipality have Each municipality have suggestion suggestion boxes in strategic suggestion boxes in strategic suggestion boxes in strategic boxes in strategic areas. areas. areas. areas. Ward committee report back Ward committee report back Ward committee report back Ward committee report back meetings. meetings. meetings. meetings. Individual mayoral report back Individual mayoral report back Individual mayoral report back Individual mayoral report back meetings. meetings. meetings. meetings. Complaints registers in each Complaints registers in each Complaints registers in each Complaints registers in each municipalities units. municipalities units. municipalities units. municipalities units. Individual one on one meetings. Individual one on one meetings. Individual one on one meetings. Individual explanatory letters Individual explanatory letters Individual explanatory letters
Value for money Accurate dissemination Accurate dissemination of Accurate dissemination of Accurate dissemination of of information to the information to the communities. information to the communities. information to the communities. communities. Effective and efficient use Effective and efficient use Effective and efficient use of tax- Effective and efficient use of tax-payer’s revenue by of tax-payer’s revenue by payer’s revenue by municipalities. of tax-payer’s revenue by municipalities. municipalities. Improve management of indigent municipalities. Improve management of Improve management of registers. indigent registers. indigent registers. Human Resources 9 11 11 11 Cost R439 000 R265 000 R834 500 R439 000 Time Annually Annually Annually Annually SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 25 DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS
ANNEXURE B: IMPROVE INFRASTRUCTURAL SPENDING BY MUNICIPALITIES KEY SERVICE : 2 SERVICE BENEFICIARY PERFORMANCE AREA BASE YEAR PERFORMANCE TAR- PERFORMANCE TAR- PERFORMANCE TAR- 2017/2018 PERFOR- GET 2018/2019 GET 2019/2020 GET 2020/2021 MANCE LEVELS Provide financial support Municipalities Improve infrastruc- 36 36 36 36 to municipalities and tra- tural spending by ditional leadership institu- Municipalities tions Process mapping & unit Please refer to the attached MIS standard operating procedures costing Problem analysis and Lack of Technical capacity & poor planning. Problem statement As a result of the above statement, the quality of services provided by municipalities are compromised. Professional Standards MIS staff comprises of professional Civil and Electrical Engineers and therefore, standards/guidance are provided by the (1) South African Institute of Civil Engineering (SAICE) and (2) Engineering Council of South Africa (ECSA) respectively SERVICE DELIVERY IMPROVEMENT PLAN 2018/21 Legal Standards if appli- National Indigent Policy Framework cable( including standards Provincial Indigent Policies 26 operating procedures) Indigent Policy BATHO PELE PRINCIPLES DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS CURRENT 2017/18 DESIRED: YEAR 1 (2018/19) DESIRED: YEAR 2 (2019/20) DESIRED: YEAR 3 (2020/21) Consultation Pre district appraisal Pre district appraisal committee, Pre district appraisal committee, Pre district appraisal committee, PMISD: Provincial PMISD: Provincial Municipal PMISD: Provincial Municipal committee, PMISD: Municipal Infrastructure Infrastructure Service Delivery Infrastructure Service Delivery Provincial Municipal Service Delivery DWIF: District Wide Infrastructure DWIF: District Wide Infrastructure Service DWIF: District Wide Forum Infrastructure Forum Delivery Infrastructure Forum DWIF: District Wide Infrastructure Forum Courtesy Offering assistance to Offering assistance to Offering assistance to Offering assistance to municipalities to avoid municipalities to avoid stopping municipalities to avoid stopping municipalities to avoid stopping and re-allocation of and re-allocation of MIG funding. and re-allocation of MIG stopping and re-allocation of MIG funding. funding. MIG funding.
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