1. CONTEXTUALISING THE DEBATEHistorical overview+Treasury regs / Systems ActPhindileNtliziywanaJaap de VisserRoundtable on Professionalisation24 November 2011UWC

2. Models of professionalisation • Non-statutory Association model • Statutory Association model • Generic Qualification model • Short-term delegation model • Performance Management model • Standard setting model

3. 1. Non-statutory Association model (i) Institute of Municipal Treasurers and Accountants (IMTA) • A professional body for municipal finance officials -formed in 1929 • to enhance the technical ability of municipal finance officials in South Africa • NBMembership voluntary - people who wanted to be appointed as officials did not have to be members • Registered under section 21 of the Company’s Act as a non-profit organisation

4. Curriculum • 1929 Curriculum: Diploma curriculum • 1972 Curriculum: partial graduate status • 1980 Curriculum: full graduate status • First 54 yrs exclusively catering for whites • Black local authorities - 1982

5. (ii) Institute of Town Clerks of Southern Africa (1946) • Aim: promote and improve the technical and professional knowledge of town clerks • curriculum consisted of courses taken at any University for degree or non-degree purposes + Admission Exams • Exemption • Membership exclusively reserved for whites

6. 2. Statutory Association model • The Profession of Town Clerks Act and Municipal Accountants Acts of 1988 – statutory public recognition to IMTA and Institute of Town Clerks • Curriculum still designed by the Institutes • Writing on the wall for the abolition of apartheid spatial configuration • Membership - A legal requirement • Appointment outside the Institutions, null and void. • Unregistered person prohibited from performing municipal accountants functions – criminal offence • Essentially – reserved jobs for already qualified and experienced whites

7. 3. Generic Qualification model • Profession of Town Clerk & Municipal Accountants Acts - repealed in 1996 and 2003 • Retaining them would perpetuated black exclusion • South African Qualification Authorities Act, 1995 • Single national ministry of education & training, along with a National South African Qualifications Authority • memorandum on the objects of the Profession of Town Clerks Act, Repeal Bill • Skills Development Act, 1998 • SETAs in every sector • Local Government: LGSETA • Not capable of rectifying the ravages of apartheid

8. 4. Short-term deployment model • Initial response • Quick fix model (National Development Plan) • Project Consolidate (DPLG 2004)- deploy technical expert to selected municipalities • SiyenzaManje (DBSA 2005)- recruits qualified retired experts and skills consultants (with young graduates) to help with infrastructure, planning and capacity building • Municipal Finance Management Support Programme (NT)- enhancing key financial management capacity

9. 5. Performance Management Model • Performance Management Regulations (2006) • Focus on outcomes rather than inputs • Subjects employment – signing of performance agreement • Aim: • Measuring and evaluating performance • Performance bonus • Correction in the case of substandard performance

10. 6. Standard Setting Model • National Treasury’s competency regulations (2007) • standard setting without external enforcement • Systems Amendment Act (2011) • standard setting with external enforcement

11. Treasury Regulations • Prescribes minimum competencies of MMs, CFOs, senior managers and other financial officers (including supply chain management officials) • Comprises qualifications, experience and core competencies • Uniform, except wrt financial officers  differentiates according to budget size

12. Consequences of not meeting requirements • legal uncertainty with respect to actual legal situation after 31 Dec 2011 • municipality compelled to dismiss managers who didn’t make it? • no specific provisions dealing with external enforcement • non-compliance ‘financial misconduct’ of MM

13. Municipal Systems Act: standard setting + enforcement • Focus: MMs and senior managers • Regulates recruitment process • Minimum competencies will be prescribed by CoGTA • Appointment is invalid if: • competencies not adhered to • recruitment process not adhered to

14. External supervision/support • No suitable candidate? ask MEC to second • If MEC fails  ask the Minister • Municipality reports to MEC on each appointment • MEC passes report on to Minister • Violation of the Act?  MEC musttake appropriate steps (e.g. court action) • If MEC fails (wrt MM)  Minister may

15. Ethics • MM/senior manager may not be political office-bearer • Focus of rules on ethics: all staff • Staff member dismissed for misconduct? • prescribed moratorium on re-employment elsewhere • Staff member dismissed for financial misconduct? • 10 yr moratorium • External supervision: all ‘disciplinaries’ must be reported to MEC who forwards to the Minister • Minister maintains central database of delinquents

16. Models of professionalisation • Non-statutory Association • Statutory Association • Generic Qualification • Short-term delegation • Performance Management • Standard setting (with/without external enforcement)

17. Thank You jdevisser@uwc.ac.za pntliziywana@uwc.ac.za