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The state of municipalities in South Africa

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THE STATE OF MUNICIPALITIES

in South Africa

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As we usher in 2018 with a brand new state president and a new cabinet, South African communities have become watchful for the “new dawn” promised by the new president. Since 1994 South Africans have been waiting patiently for a better life that has eluded them for the past 24 years.

Local government is at the coalface of improving the lives of South Africans. Local government has been entrusted by the constitution to provide basic services to South African communities. Local government therefore forms the building blocks for a thriving country.

However the development of local government that should be in line with the constitution has taken an unchartered detour with the result that the state of local government is in disarray.

Minister Gigaba

In many cases it is in crisis. National government has finally recognized the dire straits that local government finds itself in and the new state president’s maiden State of the Nation Address (SONA) the issue around local government was highlighted. He promised to urgently address the detour and redirect the direction local government so that it discharges its constitutional mandate. So serious is the situation that a new minister of Cooperative Government and Traditional Affairs (COGTA) has been appointed. (We profiled the new minister, Zweli Mkhize, in our last edition). The new minister has hit the ground running in this regard and kicked off with the week long summit on the Future of Cities as it relates to the Integrated Urban Development Framework that commenced on 9 April and ended on 13 April. By the time of going to press the report on this summit was not yet available. Municipal Focus will feature the report in the next edition.

This summit, hosted by the minister representing the government and city leaders, will be engaging on the Integrated Urban Development Framework. Topics such as Urban Youth Unemployment, City Mobility and Public Space Leadership Programme (ELP, is a joint initiative by the National Treasury, Department of Cooperative Government, South African Cities Network and the Gordon Institute of Business Science (GIBS) will be discussed. ELP, which hosts representatives from eight municipalities and pilot cities in COGTA’s intermediate cities programme is aimed at identifying the challenges faced by cities and creating sustainable solutions to these issues.

In his budget speech the former minister of finance, Malusi Gigaba said, “cities are at the heart of the national economy and hold the potential to drive our economic renewal”. This clearly illustrates the important role local government plays in the development of the nation. So where are municipalities getting it wrong?

The most critical issue that needs to be addressed before a thriving nation can emerge is to find a solution to the serious debt problem municipalities have been able to create for themselves. Parliament heard from the Auditor- General, Kimi Makwetu that municipalities are drowning in debt of about R43bn. This state of debt is unprecedented and threatens the livelihood of businesses that supply services to them. The briefing to parliament was dominated by reports of sordid affairs at local government level that according to treasury officials can only be resolved through political will. Financial allocations to local government have grown faster than other spheres of government. However over the state’s 2018 medium-term expenditure framework period, municipality’s debt service costs were the fastest growing category of spending. Municipal debt continues to grow and is exasperated by a culture of non-payment. The report revealed that outstanding debt in terms of bulk electricity amounts to R16bn, bulk water at R6.8bn and debt in terms of trade

Minister Zweli Mkhize creditors R11.9bn.

The dire straits of the finances of municipalities have been clearly illustrated by the Auditor-General when he reported that only 49 out of 263 municipalities achieved clean audits. He identified the lack of compliance by municipalities and the culture of non-payment. The lack of compliance includes irregular and wasteful expenditure together with corrupt conduct of officials. A very recent and glaring example of the consequences of non-compliance is that of a Northwest municipality that contravened treasury regulations by diverting R50 million from a grant meant for water infrastructure and bank it with the troubled VBS Mutual Bank.

The municipality in question, the Moretele Local Municipality confirmed that they made this deposit. Last month the SA Reserve Bank placed VBS under curatorship due to a liquidity crisis, after treasury instructed municipalities to stop banking with VBS Mutual Bank. This municipality that has its seat in Mathibestad in northern Pretoria has been marred by violent protests over the water provision. The water provision issue has been at the center of service delivery protests as the community was left without water supplies. The municipality hit the headlines when a resident of Ngobi village sent an email to former president Jacob Zuma, pleading with him to intervene so that her area could get water. The municipality is on record as confirming that they took R50 million meant for nothing else but water and invested it with VBS. This would not have been a problem had the municipality invested reserves in VBS, but in terms of treasury regulations they cannot invest money from a grant. This is a clear case of non -compliance of the regulations. Early last year treasury instructed municipalities to stop banking with VBS. They were doing so in violation of the Municipal Finance Management Act that prohibits them from depositing their money with mutual banks. It appears as though this municipality is not the only municipality that has violated this regulation. Several others are also in transgression of the regulation. It is reported by City Press that they have seen a document showing that Dr. Ruth Segomotsi Mopati District Municipality, based in Vryburg allegedly banked more that R82 million with VBS.

This blatant transgression of the regulations has led to a serious collapse of service delivery in the municipality. The inability to provide the community of this municipality the basic right of clean quality water due to its non-compliance of treasury regulations and transgression of the constitution has caused socio-economic regression in the area through violent service delivery protests. This example of non –compliance has become the norm in different forms throughout the country leaving South Africans deprived of socio economic development.

As far as the culture of non-payment is concerned, national treasury has flagged the non -payment for public services as a threat to the financial stability of municipalities. The non- payment culture has become endemic in South African society. The majority of communities receiving services from municipalities avoid paying for the services. Due to these non- payments municipalities are unable to pay ESKOM and the bulk water suppliers thus they are unable to provide basic services and pay service providers. The situation is exacerbated, as government is also indebted to municipalities. As at 31 December 2017 provincial government owed municipalities R3.7bn and national government owed R2.9bn. Majileng Mgqaleni, deputy director general of intergovernmental and fiscal relations also spoke on the issue of non-payments at the briefing to members of the standing committee on appropriations recently, “it is a societal problem. Government owes municipalities, municipalities owe ESKOM,” she said. “We believe it is a political issue to be addressed on a political level. Everyone as citizens has the responsibility to pay for services for government to work.

As we scan the news wires and social media platforms we are informed of the negative activities taking place in almost every municipality in the form of fisticuffs in council chambers, votes of no confidence in mayors, violent service delivery protest demonstrations, political killings of councilors, uncovering of corrupt dealings of government officials and businesses and the list seems endless we are left without any doubt that the state of most municipalities in South Africa is on the

verge of collapse.

As has been repeated over and over again by civil society and government leadership South Africa is in urgent need of a political intervention to steer local government away from total collapse.

However it will require every member of the South African community to take responsibility and hold the political leaders accountable to stop the rot. We have ourselves to blame as our constitution makes provision for civil society to hold councilors accountable. Public participation is a vital part of our democracy and allows for citizens to get involved in how their communities are governed. At local level the Government Structures Act 1998 requires amongst others municipalities to develop mechanisms to consult communities and community organizations in performing their functions and exercising its powers. These structures are commonly known as Ward Committees and provide a vital link between ward councilors, the community and the municipality. They allow for members of the communities to influence municipal planning in a manner that best address their needs. The system of ward committees was introduced in 2005. According to legislation the first meeting of the newly elected council must take place within 14 days after the election results are gazetted.

In view of the important role that local government plays in the development of the people of South Africa it is critically important that municipalities are functioning optimally and sustainably. The ward committee system is designed to play a critical role in the giving meaning to the principle that “the people shall govern”. This is so because local government is regarded as the level of government closest to the people and ward committees are one way to ensure that citizens give input to the decisions that local councils make. Participation in the ward committees would go a long way in holding the political leaders to account and to improve the state of municipalities in South Africa. The state president has appealed to South Africans to assist him in turning the fortunes of local government around so that all of us can start becoming economically and socially integrated in the development of the country.

Source: Fin24.

The meeting looked at the work of COGTA including interventions to assist dysfunctional municipalities

Kimi-Makwetu Auditor General

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