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ANNUAL PERFORMANCE PLANS 2013/14 AND 2014/15

ANNUAL PERFORMANCE PLANS 2013/14 AND 2014/15. PRESENTATION TO THE PORTFOLIO COMMITTEE 08 JULY 2014. OUTLINE OF PRESENTATION. Introduction Cooperative Governance National and Provincial Interface National, Provincial & Local Government Local Government Mandate Local Government Context

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ANNUAL PERFORMANCE PLANS 2013/14 AND 2014/15

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  1. ANNUAL PERFORMANCE PLANS 2013/14 AND 2014/15 PRESENTATION TO THE PORTFOLIO COMMITTEE 08 JULY 2014

  2. OUTLINE OF PRESENTATION Introduction Cooperative Governance National and Provincial Interface National, Provincial & Local Government Local Government Mandate Local Government Context Traditional Affairs Mandate DCoG Performance against APP 2013/14 Predetermined Objectives DTA Performance against APP 2013/14 Predetermined Objectives CoGTA Financials 2013/14. CoGTA Annual Performance Plans 2014/15 CoGTA Budget 2014/15

  3. INTRODUCTION • The COGTA Ministry comprises the Department of Cooperative Governance and the Department of Traditional Affairs • Key elements and Constitutional foundations of CoGTA’s mandate: • System of Cooperative Government (Chapter 3 of the Constitution); • Provinces (Chapter 6 of the Constitution); • Local Government (Chapter 7 of the Constitution); & • Traditional Leaders (Chapter 12 of the Constitution)

  4. INTRODUCTION (cont..) • System of Cooperative Governance • Chapter 3 {section 40 (1)} of the Constitution constitutes government as National, Provincial and Local spheres, which are distinctive, inter-dependent and interrelated; • Distinctiveness: Each sphere exists in its own right, is the final decision maker on a defined range of functions and is accountable to its legislature for those decisions. It does not mean that spheres are constitutionally equal, enjoy the same powers, or are autonomous; • Interrelatedness: Provinces and municipalities exercise their distinctiveness within set regulatory and oversight frameworks. The regulatory frameworks retain the monitoring of compliance, if needs be, intervene when constitutional obligations are not fulfilled; • Interdependence: All spheres must exercise their powers for the common good of the country as a whole by cooperating with each other. In this sense, the spheres are interdependent, with a duty to collaborate and coordinate their actions on the basis of an integrated development plan.

  5. INTRODUCTION (cont..) • Collaboration between and among national departments, provincial departments and municipalities is crucial: • Section 40 (2) enjoins all spheres of government to observe and adhere to the principles of cooperative government and intergovernmental relations set out in section 41; • Chapter 7 [section 151(1)] provides for the establishment of municipalities for the whole of the territory of the Republic; • Section 154 (1) of the Constitution obliges National and Provincial government to support and strengthen capacity of municipalities to manage their own affairs, to exercise their powers and perform their functions”.

  6. INTRODUCTION (cont..) • Local government at coalface – at the service of citizens • The Constitution defines the Republic of South Africa as one, sovereign, democratic state founded on, among others, the following values: • Human dignity, the achievement of equality and the advancement of human rights and fundamental freedoms; • The Constitution contains a Bill of Rights which reaffirms the democratic values of human dignity, equality and freedom; • The Bill of Rights provides everyone with, among others, the right to human dignity and an environment that is not harmful to their health and wellbeing, and access to water and adequate housing. • The Constitution enjoins the State to respect, protect and fulfil the rights in the Bill of Rights.

  7. INTRODUCTION (cont..) “ As freedom loving people, we want to see our country prosper and provide basic services to all. For our freedom can never be complete or democracy stable unless the basic needs are met. We have seen the stability that development brings. And in turn, we know that peace is the most powerful weapon that any community or nation can have”. Nelson Mandela - 16 April 1999 on occasion of receiving the Freedom of Durban.

  8. COOPERATIVE GOVERNANCE • In the context of Chapter 3 of the Constitution on Cooperative government, Section 41(2) provides for an Act of Parliament - The IGR Act which provides a framework for national government, provincial governments and local governments, and all organs of state within these governments to facilitate coordination in the implementation of policies and legislation including: • coherent government; • effective provision of services; • monitoring and implementation of policies and legislation; and • realisation of national priorities. • The Act also provides for mechanisms and procedures to facilitate the settlements of intergovernmental disputes.

  9. NATIONAL & PROVINCIAL INTERFACE • Schedule 4 of the Constitution provides for functional areas of concurrent national and provincial legislative competence, whereas schedule 5 provides for functional areas of exclusive provincial legislative competence • Schedule 4 (b) and 5 (b) sets out functional areas that are the responsibility of municipalities • Section 44(2) provides for intervention by Parliament, by passing legislation with regard to a matter falling within a functional area listed in schedule 5, when it is necessary, among others, to establish minimum standards required for the rendering of services, to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole, and to maintain national security. • Section 100 provides for intervention in a province by the national executive when a province cannot fulfill an executive obligation by taking any appropriate steps to ensure fulfillment of that obligation.

  10. NATIONAL, PROVINCIAL & LOCAL GOVERNMENT • Section 155(7) provides for the legislative and executive authority of national government and provincial government to ensure effective performance by municipalities in respect of matters listed in schedules 4b and 5b of the Constitution. • Section 155 (6) enjoins each provincial government to establish various categories of municipalities and enjoins each provincial government to provide, by legislative or other measures provide for the monitoring and the support of local government in the province and promote the development of local government capacity to enable municipalities to perform their functions and manage their own affairs. • Section 139 provides for intervention by the relevant provincial executive if a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, subject to subsequent approval by the Minister responsible for local government.

  11. LOCAL GOVERNMENT MANDATE • Towards the realisation of the rights set out in the Bill of Rights, Section 152 of the Constitution describes the objects of an ideal municipality as being to: • Provide democratic and accountable government for local communities • Be responsive to the needs of the local community • Ensure the provision of services to communities in a sustainable manner • Promote social and economic development • Promote a safe and healthy environment • Encourage the involvement of communities and community organisations in matters of local government • Facilitate a culture of public service and accountability among its staff.

  12. LOCAL GOVERNMENT CONTEXT • In the 14 years of its existence, the structure and system of local government has been set on a firm foundation, and have remained resilient in many instances. • Our government has a good understanding of the challenges facing local government and the country as a whole, which include: • Persistent apartheid spatial patterns. • The rapid rate of urbanisation and its impact on development in both urban and rural areas. • The impact of the global economic downturn on the domestic economy and household income; and the consequence thereof on the revenue of municipalities. • A “One size fits all” approach to municipalities has to be replaced by differentiation in terms of support, financing and monitoring.

  13. LOCAL GOVERNMENT CONTEXT (cont…) • Local government has undergone tremendous evolution from about 1100 fragmented and racially based local authorities/structures prior to 1994 to 283 new municipalities (and currently 278) • The fundamental question is: “How do we implement the National Development Priorities of the country in a three Sphere System of Government, where Local Government is the only site of delivery”?

  14. TRADITIONAL AFFAIRS MANDATE • The Department’s mandate is derived from the Section 211 and 212of the Constitution which stipulates that: • The institution, status and role of traditional leadership, according to customary law, are recognized, subject to the Constitution; • “national legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities. • Chapter 30of the Constitution, on Language and Culture:“everyone has the right to use the language and participate in the cultural life of their choice, but no-one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.” • Section 31 on Cultural, Religious and Linguistic Communities, states that “persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community to enjoy their culture, practice their religion and use their language; to form; join or maintain cultural, religious and linguistic associations and other organs of civil society.”

  15. TRADITIONAL AFFAIRS MANDATE (cont…) • Traditional Leadership and Governance Framework Act, (TLGFA) 2003 (Act No.41 of 2003): • Section 19 provides a role for traditional councils or traditional leaders in respect of arts and culture, land administration, health, agriculture, welfare, administration of justice, safety and security, tourism, disaster management, registration of births, deaths and customary marriages, economic development and education. • Section 20 of the TLGFA also outlines the responsibilities and conditions for the Department when allocating the above mentioned roles to traditional leaders and traditional councils. • National House of Traditional Leaders (NHTL) Act, 2009 (Act 22 of 2009). • Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act (Act 19 of 2002)

  16. DCoG PERFORMANCE AGAINST APP 2013/2014 PREDETERMINED OBJECTIVES

  17. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 1 Purpose: To provide for the management, leadership and administration of the department.

  18. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 2 Purpose: To provide specialized support services to the department in the areas of research and knowledge management, policy formulation, monitoring and evaluation and information, communication and business technologies

  19. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 3 To improve vertical and horizontal coordination and alignment between the three spheres of government Purpose:

  20. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 3 Purpose: To improve vertical and horizontal coordination and alignment between the three spheres of government

  21. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 4 Purpose: To promote an integrated and coordinated system of Disaster Risk Management with special emphasis on prevention, mitigation and preparedness

  22. Programme 4: National Disaster Management Center

  23. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 5 Purpose: To provide oversight, support programmes and evidence based regulatory mechanism for provincial and municipal government

  24. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 5 Purpose: To provide oversight, support programmes and evidence based regulatory mechanism for provincial and municipal government

  25. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 6 To support and exercise oversight over provincial and local government programmes and systems to promote economic and infrastructure development and evidence based regulatory mechanism for provincial and municipal government Purpose:

  26. 2013/14 PREDETERMINED OBJECTIVES PROGRAMME: 6 To support and exercise oversight over provincial and local government programmes and systems to promote economic and infrastructure development and evidence based regulatory mechanism for provincial and municipal government Purpose:

  27. DCoG CHALLENGES: APP 2013/14 During 2013/14, the Department experienced a number of challenges, which include: • Despite our efforts at monitoring and supporting municipalities to fill critical posts with suitably qualified and competent persons, some municipalities have continued to fill such posts without due regard to the regulations on minimum competency requirements.The Systems Act requires the MEC to take appropriate steps to enforce compliance which may include an application to court for a declaratory order on the validity of the appointment. If the MEC fails to do this the Minister may taken the same steps. • The intermittent departmental restructuring processes have resulted in the loss of critical skills and the shrinking of the staff establishment, thereby rendering the department unable to deliver on its mandate. We are engaging with the DPSA and the NT to review DCoG’sorganisational structure and the financial requirements to address the above. • Limited human and financial resources to develop and maintain systems and processes necessary for the enhancement of COGTA’s ability to fulfill its role as a champion of cooperative governance.

  28. Summary of planned projects per Programme for the FY 2013/14 Annual Performance Trends: 2010/11 to 2013/14

  29. CONCLUSION : 2013/14 • The process of finalising the Annual Report is underway, the Draft Annual Report 2013/14 is with the Auditor-General for verification. • Projects that were partially achieved or not achieved have been included in the Annual Performance Plan and/or Operational Plans for the 2014/15 Financial Year. • The challenges identified in the previous financial year will be addressed as part of implementation of the 2014/15 APP.

  30. DTA PERFORMANCE AGAINST APP 2013/14 PREDETERMINED OBJECTIVES

  31. PRE-DETERMINED OBJECTIVES FOR 2013/14 • Development and implementation of Traditional Leadership outreach programme • Implementation of the findings of assessment report on state of governance of structures of traditional leadership. • Profiling of Traditional Councils • Provision of support to provinces in respect of the reconstitution of traditional councils. • Research conducted on the status of community authorities and Independent headmen/ headwomen. • 360 traditional leadership claims and dispute cases finalized. • Identification of cultural tourist attraction sites within traditional, Khoi and San communities

  32. PRE-DETERMINED OBJECTIVES FOR 2013/14 (Cont…) • Engagement with Interfaith sector on DTA programmes • Information on protocols for senior traditional leaders gathered • Partnership Framework implemented in 8 provinces • Implementation of the Capacity Building Implementation Plan • Gather information on landless traditional leaders • Coordination of summits, roundtable discussion, cultural events and celebrations to promote heritage and social cohesion • Development and implementation of the Corporate Governance Framework • DTA Service Delivery Improvement Plan and Service Charter developed and implemented

  33. 2013/14 PERFORMANCE REPORT • In 2013/14, 34 predetermined objectives, 32 (93%) achieved and 2 (6%) partially achieved. • Two entities (NHTL and the CTLDC ) had 6 predetermined objectives, all 6 (100%) achieved. • Corrective action plans developed and monitored in 2014/15.

  34. Achievements per Programme

  35. HIGHLIGHTS OF DTA PERFORMANCE FOR 2013/14 Programme 1: Administration • Outreach Flagship project -Eastern Cape, Northern Cape, Free State, Limpopo and Mpumalanga engaged on legislation and programmes of government. Programme 2: Research, Policy and Legislation • Protocol guidelines for the kingship was developed and consulted with all the affected Kingships. • Public Hearings and Consultations on Traditional Affairs Bill concluded. • Reports on the reconstitution of traditional councils in 5 provinces developed. • The CTLDC finalised 360 dispute cases for the year under review as planned. • CTLDC processed 700 cases from 2011/12 financial year out of 1244.

  36. HIGHLIGHTS OF DTA PERFORMANCE FOR 2013/14 • Status Quo Reports on Community Authorities in Limpopo, North West and Kwa-Zulu Natal completed. • Status Quo Reports on Landless Traditional Leaders in Mpumalanga, Free State and Kwa-Zulu Natal completed.

  37. DTA CHALLENGES AND REMEDIAL ACTION

  38. PORTFOLIO COMMITTEE RECOMMENDATIONS AND RESPONSES

  39. CoGTA FINANCIALS 2013/14

  40. EXPENDITURE HIGHLIGHTS AS AT 31 MARCH 2014

  41. EXPENDITURE HIGHLIGHTS AS AT 31 MARCH 2014 (Economic Classification)

  42. EXPENDITURE HIGHLIGHTS AS AT 31 MARCH 2014 (Cont.)

  43. EXPENDITURE HIGHLIGHTS AS AT 31 MARCH 2014 (Cont…) TRANSFERS AND SUBSIDIES: R’000 Adjusted Budget for 2013/14 FY: R 56 238 992 Unaudited expenditure (31 March): R 54 193 279 Variance R 2 045 713 (96.4 per cent) Transfers and subsidies demonstrated a 96.3 per cent transfer rate at 31 March 2014. The main reasons for the deviation are the uncertainty of disaster events, rejections of transfers due to changes in bank accounts, delays in the confirmation of ex-councillors, withholding of Municipal Infrastructure Grants and the offsetting of Local Government Equitable Share funds due to non compliance with the Division of Revenue Act, requirements.

  44. CoGTA ANNUAL PERFORMANCE PLANS 2014/15

  45. CONTEXT 2014/2019 • The period ahead is informed by certain developments over past year • These include: • The National Development Plan which provides the basis for government planning • The Medium Term Strategic Framework which is government’s 5 year plan • The State of the Nation Address which indicated concrete actions to be taken in various municipalities • The current state of municipalities and the challenges they face

  46. NATIONAL DEVELOPMENT PLAN • The NDP proposes measures to move intergovernmental relations forward: • Improve clarity in a differentiated system; • Regionalisation as a response to capacity constraints; • A more coherent set of powers for metropolitan municipalities; • A more focused role for provinces; and • A proactive approach to identifying and resolving problems.

  47. NATIONAL DEVELOPMENT PLAN • The NDP recognises the importance of • a responsive, accountable and efficient local government system, as a building block towards the realisation of a capable and developmental state. • a differentiated approach to financing, planning and support to local government as a necessary intervention to enable it to attain its developmental goals. • social cohesion, the role of traditional affairs and traditional leadership in governance, administration of justice, socio-economic and cultural development.

  48. MTSF 2014-2019 • The Medium Term Strategic Framework (MTSF) outlines work that will be done to implement the NDP over a five year period: The key elements of the MTSF are: • The sub-outcomes spread across the different chapters of the National Development Plan that are particularly important towards improving local government performance, ensuring quality service delivery and ultimately putting the local government sector on a positive path to achieving the vision are as follows: • Members of society have sustainable and reliable access to basic services. • Intergovernmental and democratic governance arrangements for a functional system of cooperative governance strengthened. • Sound financial and administrative management. • Promotion of social and economic development. • Local public employment programmes expanded through the Community Work Programme (CWP).

  49. KEY ELEMENTS OF SONA • Key directives from the State of the Nation Address June 2014 • Government will revitalise local government through a plan of action to provide support to several municipalities • Infrastructure development (Municipalities to provide and maintain adequate core set of basic services) • Job creation (CWP to provide 1 million work opportunities by 2019) • Addressing corruption and fraud • Managing urban development

  50. THE KEY THEMATIC AREAS ORGANISING DCoG’s ANNUAL PERFORMANCE PLAN • Back to basics on service delivery • Intervene and act on critical failures • Professionalise local government • Promote good governance • Further development of institutional structures and systems • Government wide collaboration and alignment • Enabling economic development and job creation.

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