Transcript MUNICIPAL MANAGERS INDABA 28 FEBRUARY 2011

Johnny Douglas, Municipal Manager –
Knysna Municipality and Chairperson of
Western Cape Municipal Managers Forum
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BACKGROUND
PROBLEM
ROLE MUNICIPAL MANAGER
PURPOSE
PROPOSED TERMS OF REFERENCE
ROLE OF SECRETARIAT
KEY THEMATIC ISSUES
KEY DELIVERABLES
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Chapter 3 of the Constitution of South Africa,
96 provides for the principles of co-operative
government and intergovernmental relations
and states in section 41.(1) that the three
spheres of government should co-operate
with one another in mutual trust and good
faith by:
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fostering friendly relations;
assisting and supporting one another;
informing one another of and consulting one
another on matters of common interest;
coordinating their actions and legislation with
one another;
adhering to agreed procedures; and
avoiding legal proceedings against one
another.
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The Intergovernmental Relations Framework
Act, Act No. 13 of 2005 provides within the
principles of co-operative government set out
in Chapter 3 of the Constitution a framework
for the national government, provincial
governments and local governments and all
organs of state within those governments, to
facilitate co-ordination in the implementation
of policy and legislation, including :
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coherent government;
effective provision of services;
 monitoring implementation of policy
and legislation; and
 realization of national priorities
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In conducting their affairs the national
government, provincial governments and
local governments must seek to achieve the
object of the Intergovernmental Relations
Framework Act, Act no. 13 of 2004 this Act,
by amongst other participating in
intergovernmental structures of which they
are members
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No platform exist for Municipal Managers to discuss
matters that affect local government, share
knowledge, show case good practises and raise
problems/challenges in local government
 No structured relationship or strategic engagement
between Municipal Managers and the
representative body for Local Government (SALGA)
at a national level
 Perception that SALGA is not doing enough to
protect interest of Local Government
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Currently no professional body representing
the interests of Municipal Managers
Security of Municipal Managers position
within the current volatile political
environment
SALGA mandating and consultation process
Over regulation of local government and
changes that may undermine the role of local
government. Example is the proposed
Systems Amendment Bill
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Proposals in the bill aimed at limiting political
interference in municipal administration, as well as
addressing its “professionalisation”, compromise the
institutional integrity of local government as enshrined
in the Constitution;
If promulgated in its present form, the bill would
“significantly” increase the minister’s powers in respect
of “staff establishment” and human resource systems,
at the expense of the “distinctiveness” of local
government as provided for in the Constitution; and
Undermine the status of municipalities as employers
would limit their ability to negotiate collective
bargaining agreements
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The roles include those of managing the
implementation of the municipality's Integrated
Development Plan (IDP) and unfolding the
Development Strategy (CDS) premised on the pillars of
financially sustainable good governance that is both
inclusive and productive.
The municipal manager is also responsible for ensuring
that the administration is aligned with the political
priorities and programmes of Council.
While ensuring the administration's compliancy with
relevant legislation with a development ethos, the
municipal manager also provides advisory services to
the executive mayor and council with regard to policy
issues.
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The municipal manager also ensures that the
development and implementation of strategies
have measurable positive impact on
organisational productivity and financial
performance.
The municipal manager's key performance areas
include ensuring that the Council's policies and
relevant national and provincial legislation are
implemented with noteworthy impact on socioeconomic development of citizens.
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The management of the provision of services
to the local community in a sustainable and
equitable manner
The appointment of staff other than those
referred to in section 56(cz), subject to the
Employment Equity Act, 1998 (Act No. 55 of
1998);
The management, effective utilisation and
training of staff
The promotion of sound labour relations and
compliance by the municipality with
applicable labour legislation
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The administration and implementation
of the municipality’s by-laws and 15
other legislations
 Developing and maintaining a system
whereby community satisfaction with
municipal services is assessed
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The municipal manager's key performance
areas include:
 Basic Service Delivery
 Local Economic Development
 Municipal Financial Viability
 Municipal Transformation
 Good Governance and Public Participation
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As accounting officer, the Municipal Manager is
responsible for
 The general financial administration of the
Municipality
 Asset and liability management
 Revenue and expenditure management
 Budget preparation and implementation
 Compliance and oversight reporting to Executive
Mayor, Council and provincial and national
government
 The Office of the Municipal Manager provides the
momentum of the administration and integrates all
the disparate components of the Municipality.
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To reflect on what has been achieved and not
achieved in local government during the past
ten years
To identify the most critical lessons learned
and the most critical challenges faced by local
government during the next five years
To communicate such findings and positions
to relevant key stakeholders in order to
influence the future agendas and debates of
such stakeholders.
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The MM Network should be a technical
consultative body aimed at increasing coordination and communication through
information sharing, dialogue, capacity
building and consultation on matters of
mutual interest, including
 Draft national and provincial policies and
legislation relating to matters
governments interests
affecting local
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PROPOSED TERMS OF REFERENCE
 The implementation of national policy and
legislation affecting local government interests:
 Matters arising from intergovernmental forums
affecting local government interests in each
province
 Discuss the problems/challenges with current
legislation and offer solutions to address the
challengesproblems
 Any other matter that affects the interest of local
government.
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PROPOSED TERMS OF REFERENCE
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The Network could meet at least twice a year.
The hosting Municipality could act as the
Chairperson of the meeting
Secretariat services could be provided by
SALGA
The Network is an independent meeting of
Municipal Managers and should not become
a SALGA meeting or dominated with SALGA
items on the agenda
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The secretariat will be responsible for :
 sending invitations and co-ordinating attendance of
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relevant stakeholders;
preparing the draft agenda for approval by the
Chairperson;
logistical arrangements, i.e. venues, registration,
equipment, catering, etc.;
drafting action minutes and distributing it to relevant
stakeholders at least within 7 days after the meeting;
drafting the minutes and distributing it to all relevant
stakeholders
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Financial Viability
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Is local government financially in trouble?
Unfunded Mandates
National Fiscal Policy
The cost of compliance
Escalating costs charged by bulk service providers
like Eskom and Water Boards
 Debt owed by Government departments
 Revenue enhancement
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Collective Bargaining and Human
Capital Management
 Is the human capital ability of municipalities currently a
strength or a development area and if a development area what
are the main causes of the problem that need to be addressed
 Is the relationship with Trade Unions currently an opportunity or
a threat to the further development and optimization of human
capital and if a threat what are the main causes of the problem
that need to be addressed.
 Is the current bargaining process an enabler or an obstacle in
improving the positive impact of our human capital and if an
obstacle what are the most critical causes that need to be
attended to and inter alia taking the following into
consideration
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 Our experience with the TASK process
 Centralization vs. a more decentralized approach to
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collective bargaining and the resolution of labour
matters in local government
Mandating processes
Increasing Labour cost
Industrial Unrest in the sector during the past five
years.
The speed and success with which discipline is being
managed and the internal capacity of municipalities
to manage discipline in terms of the relevant
collective agreements
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Strengthening the relationship between the
Technocrats of local government and that of
SALGA as well as between local government and
other key spheres of government and stakeholders
 Is the relationship between municipal executives and the
SALGA technocrats of concern and if so what are the
causes that should be addressed in improving the
relationship
 Which provincial and or central government departments
are considered the most critical in terms of the guidance,
support and oversight relationship it has with municipal
executives and what is the state of the general
relationship of such departments
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The professionalism of Local Government
Executives
 Is there agreement that due to the unique complexities of
leading and managing a municipality a special effort is
required to develop a specific professional skill, expertise
and attitude and code that does not currently sufficiently
exist.
 Are the current measures that are currently being initiated
appropriate and sufficient to address the actual needs that
exists and if not what are the most critical concerns and
objections to such measures.
 Guidelines to be followed in successfully improving the
professionalism of the municipal executive profession
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Obstacles in the way of Service Delivery
 Are we in agreement that during the past five
years we have not as a sector succeeded in our
service delivery task
 What have been the key obstacles in our way of
meeting stakeholder expectations?
 The most critical interventions required in the
next five years to narrow the gap between
stakeholder expectations and institutional
capacity
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MM’s has as a collective group been able to
for the first time during the past 10 years
express a collective opinion and position on
critical LG management issues.
Political Parties, National and Provincial
Government Departments, the media,civil
society,academics,researchers and other key
stakeholders have been informed of the
views,perceptions and expectations of
current municipal executives.
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The current generation of MMs has taken stock and
has been able to inform the agenda and debates of
the next generation of MMs and thereby ensuring
continuity in the management of LG challenges and
issues.
 The MMs has had the opportunity to as a group
inform future debates,agendas and the perceptions
and expectations of politicians,technocrats in other
spheres of government,academics etc,to hopefully
a more realistic,reasonable and affordable level.
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THESE ARE A FEW THOUGHTS TO BE
CONSIDERED BY THE MEETING I.E
 Need for a Municipal Managers “Network”
 Administration and Secretariat role
 Our challenges/problems
 Key thematic issues for discussion
 Key Deliverables
THANK YOU
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