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PRESENTATION TO THE KZN PROVINCIAL IDP INDABA CEDARA AGRICULTURAL COLLEGE 27 September 2013 Dumi ka Mzila Business Governance Specialist 1. MoU Milestones 2. What the MoU seeks to achieve 3. Expected outputs 4. The Communications Forum 5. Success Stories 6. Legislative interface 7. Transitional arrangements 8. Provincial Municipal intervention programme 9. Moving forward 2.1 DEDT LED and CoGTA LED working on various projects on an ongoing but unstructured and ad hoc basis; whilst the DEDT Business Regulations had been engaging the CoGTA Municipal support branch for assistance towards legislative compliance at municipal level. 2.2 That equaled two business units from each department working in silos. 2.3 2.4 2.5 2011 began the process of joint planning between DEDT Regs and LED together with CoGTA LED with whom most interventionist programmes were vested. March 2013 HOD for CoGTA and DEDT sign of the MoU SALGA joined the Collaborative agreement in May 2013 This translated to the establishment of the Communications Forum • As per the objectives of co-operative governance as envisaged in Chapter 3 of the Constitution, 1996, the two Departments have agreed to complement each other’s efforts for better realization of common goals in the area of regional and local economic development within KwaZulu-Natal, and to establish a collaborative relationship in order to jointly achieve their respective objectives within KwaZulu-Natal; and • The parties have identified projects and processes where there is a need to work together, namely, participate in the assessment of the LED Sector plan and assisting municipality with technical support to ensure the implementation of the LED Strategy, assisting in increasing compliance and enforcement of key legislation and policies in the local sphere of government, the provision of capacity, co-hosting of events like the Annual Local Economic Development Summit and Provincial Forum, evaluation and selection of projects, infrastructure, systems and mechanisms, to enable municipalities to function efficiently and effectively. • 52 Municipalities capacitated in dealing with • • • • • • informal economy and Business licensing Monitoring regulation compliance and enforcement. Successful hosting of Provincial Forum, Institutionalisation of District & local LED Forums. Funding mechanism for informal economy established. Information dissemination to all stakeholders on contents of the MoU and related matters. LED officials trained on NQF Level 5-9. Incubation programmes identified and piloted. The MoU runs for an initial period of Six (6) years from date of signing, across two terms of government. The mandate of the Communications Forum is to: Oversee the implementation of the Collaborative Agreement by, among other things, coordinating, directing, and ensuring implementation of this Collaborative Agreement Discuss feedback on problems encountered in implementing this Collaborative Agreement and suggest how such problems may be handled Amongst others: • Vibrant Provincial LED Forum with the inclusion of • • • • Secondary cities; Successful baseline survey on informal economy ; Successful hosting of the Provincial Informal Economy Workshop; Province wide Municipality Intervention programme finalized and ready to be implemented from October 2013; and Planning for the annual LED Summit almost concluded. • Schedule 4 and 5 of the constitution (concurrent • • • • • • • • • • • • jurisdiction and legislative mandate) The Business Act (for regulation of Business) The Liquor Act KZN Informal Economy Policy Municipal Systems/Structures Act The National Health Act The Planning and Development Act incl. SPLUMA Ingonyama Trust Act Immigration and Refugees Act The National Traffic Act Building Control Regulations Criminal Procedures Act (sec 113) And a host of others Provisions of the Liquor Act, Act no 6 of 2010 • It is understood that the Local Municipality has a Constitutional Competency in terms of Schedule 5 Part B to regulate trading hours, however the KZN Liquor Licencing Act, 2010 prescribes trading hours for liquor • It is on this note that there is a need to engage with Local Municipality in the process of aligning the by-laws • It is hoped that the KZNLA be afforded an opportunity be provided with an opportunity to comment on the draft municipal by-law before it is tabled to the portfolio committee to ensure that the above areas are covered and to determine if there are no conflicting provisions with the KZN Liquor Licencing Act, 2010 Opening and closing times for liquor outlets are as follows: • Informal Economy to be an indicator on • • • • compilation and review of the LED STRATEGY which should be incorporated to the IDPs Support /fund municipalities with implementation of RLED and Informal Economy projects. Production of IE policies (2014) and Licensing bylaws (2015), please note the Liquor Act provisions and may pursue council resolution if in contrast. Need to have joint operations with other state agencies to be able to confiscate illicit and counterfeit goods and be able to close the source of supply. Identify options of increasing enforcement and compliance. Participants: LED officials. Environmental Health, Law enforcement, Town Planners, Building Compliance, Fire Safety, Waste Management, IE Chambers (Chair and Secretary form each LM), Houses of Traditional Leaders, Community Tourism Organisations and Councillors (LED Portfolio Chairpersons). Facilitating organizations: DEDT (RS, CPS, LED, BBBEE, SBD, and COOPS), SALGA, COGTA, DHA (immigration) ITB, DEDT Tourism, SARS and KZNLA. 15-16 October 2013: Amajuba District 22-23 October 2013: Uthungulu District 05-06 November 2013: Umgungundlovu 19-20 November 2013: Sisonke 26 – 27 November 2013: uThukela • • • • Strengthen the interventionist capacity of District LED officials Strengthen the commitment of LMs and DMs to the IE responsibilities. Creating an enabling environment for the sustained local, regional and provincial economic growth. Identify and nurture various inclusive development models for facilitating economic interventions whilst allowing our communities to drive a chunk of those processes. Our IDPs and MoUs are like our constitution. They are as valuable as we make them breathe and live. THE END [email protected] (033) 264 2798 082 818 2473