NATIONAL MUNICIPAL MANAGERS MEETING

28 FEBRUARY 2011

ASSESSMENT OF SALGA INTERNAL GOVERNANCE

SALGA STRUCTURESPOLITICAL STRUCTURE

(NATIONAL)

NATIONAL

CONFERENCE

NATIONAL

MEMBERS ASSEMBLY

Policy making

NATIONAL EXECUTIVE COMMITTEE

WORKING

GROUPS

CHIEF

EXECUTIVE OFFICER

Implementation

POLITICAL STRUCTURE (PROVINCIAL)

PROVINCIAL

CONFERENCE

PROVINCIAL

MEMBERS ASSEMBLY

Policy making

PROVINCIAL EXECUTIVE COMMITTEE

WORKING

GROUPS

DEPUTY CHIEF

EXECUTIVE OFFICER

Implementation

SALGA STRUCTURES

ROLES AND RESPONSIBLITIES

OF NATIONAL POLITICAL GOVERNING BODIES

National Conference

National Conference is the highest decision-making body of SALGA and the ultimate authority of SALGA resides in the National Conference - next Conference due in 2011.

Its powers and duties are to:– Elect the members of the National Executive Committee.– Establish and review SALGA’s oversight bodies as may be required

by law; and– Consider audited financial statements in respect of the previous

year, approve the programme of action, business plan and the budget of SALGA as approved by NEC and review SALGA’s financial performance.

National Members Assembly (NMA)

The ultimate authority of SALGA in between National Conferences resides in the NMA - powers and duties are to:

– Act in accordance with the directions of the National Conference;– Consider audited financial statements in respect of the previous

year; – Adopt SALGA’s programme of action, business plan and the

budget of SALGA as approved by the National Executive Committee;

– Review SALGA’s financial performance; – Consider reports from the working groups and oversight bodies;

and– Deal with any other issues emanating from the provisions of this

constitution.

ROLES AND RESPONSIBLITIES

OF NATIONAL POLITICAL GOVERNING BODIES

National Executive Committee (NEC)– Meet at least once every two months and when the need

arises;– Exercise day-to-day executive authority;– Act in accordance with the directions of the NC & NMA;– Submit report of its activities during the previous financial

year to the NC & NMA, whichever occurs first; and– Develop, review and adopt SALGA’s administrative

policies.

ROLES AND RESPONSIBLITIES

OF NATIONAL POLITICAL GOVERNING BODIES

ROLES AND RESPONSIBLITIES OF NATIONAL POLITICAL

GOVERNING BODIES

WORKING GROUPS (WGs)• WGs are structures of NEC - deal with detail on behalf of the NEC

and main purpose is to encourage, ensure and promote local government matters which, inter alia, will include: – Cooperative governance; – Consultation and coordination; and– Participative decision-making.

• WGs, within their derived mandate, must develop policies, strategies and programmes to address critical local government issues; and

• WGs must serve as a forum through which organized local government can consult in order to contribute towards the creation of democratic and economically viable local government.

ASSESSMENT OF

STRUCTURES • The following Governance Structures were assessed:-

– National Executive Committee (NEC);

– Provincial Executive Committees (PEC);

– National Working Groups;

– Provincial Working Groups;

CHALLENGES

GENERIC CHALLENGES

Political:-• Some NEC/PECs meet as scheduled per Year planner other

NEC/PEC meetings change due to other clashing events;• Not all meetings form a quorum due to lack of attendance –

other meetings do form quorums but attendance low;• Confirmations are received from attendees but then they don’t

attend the meetings;• Role of the Office Bearers vis-a-vis PEC vis-a-vis Provincial

Working Groups not fully understood;• Lack of OB meetings impact on finalisation of agenda;• Working Group Chairpersons do not take ownership of Working

Group reports in PEC meetings;

GENERIC CHALLENGES

Political:-• Time allocation to items on the agenda not efficient to deal with

all matters resulting in a number of items deferred to following meetings;

• Lack of preparation for meetings by NEC/PEC members impacting negatively on the level of participation and level of interaction;

• Level of interaction a challenge in that only a few NEC/PEC members participate actively in meetings;

• Late adding of Agenda items also impacting negatively on the level of discussions;

• Lack of political ownership of NEC/PEC-decisions, whilst issues are processed the political components are not implemented.

GENERIC CHALLENGES

Administrative:-• Agendas and supporting documentation dispatched late

resulting in lack of preparation by NEC/PEC members and impacts on level of discussion;

• Still need to work on the quality of packaging of Agendas and supporting documentation;

• Capacity constraints – relevant support staff and printing and binding facilities;

• Couriers a challenge – takes much longer to deliver documentation in certain areas;

• Quality of record of meetings (minutes) not up to standard;• Reports sometimes updated during the meetings.

WORKING GROUPS

• Having considered the key functional areas of local government and to facilitate strategic alignment with the SALGA business plan, the NEC resolved that the following National Working Groups be established, that is also be replicated in provinces:

1. Economic Development, Planning and Environment;

2. Municipal Finance and Corporate Administration;

3. Social Development, Health and Safety;

4. Municipal Services and Infrastructure;

5. Human Resources Development; and

6. Governance and Inter Governmental Relations and International relations.

STRUCTURE AND COMPOSITION

• Limited participation from Provinces in the national working groups largely due to the composition of the national working group (one member per province and in his/her absence no alternate political attendance);

• The composition of Provincial Working Groups differs from province to province with the following prevalent:-– All municipalities are invited to attend the working groups

with specific representation from each municipality; or– Municipalities determine representation at a District level and

through that district representation attends working group meetings; or

– After nominations from municipalities the PEC determines municipal representation in the working groups.

STRUCTURE AND COMPOSITION

• The aforementioned differing practices, give rise to the question of uniformity in the composition of working groups across provinces;

• Municipalities have raised concerns with the number of Working Groups at a provincial level and the consequent expectation that they have to attend all Working Group meetings (affordability);

• In the absence of structured municipal participation through appropriately delegated municipal representatives, representation from municipalities changes with every meeting; result in delays in the meetings as issues already resolved in previous meetings are again raised.

• Lack of relevant expertise through the participation of external stakeholders in working groups;

• Perceived lack of participation and representation of opposition parties in municipalities in SALGA structures due to the determination of municipal delegations by municipalities run by national ruling party.

FUNCTIONAL AREAS

• The following duplications still exists across Working Groups’ functional areas;– Community/Public Participation (both Social Development and

Governance Working Groups);– Local Economic Development; Tourism and Development Planning

(both Economic Development and Municipal Services Working Groups).

• Cross cutting areas not specifically provided for (EDI Restructuring, Single Public Service, Provincialization of Health, Support Interventions);

• Some critical relevant areas not specifically provided for (ICT, Municipal Airports, Trading Regulations, Trading, Street lighting and Licensing); and

• Some functional areas are wrongly allocated (libraries to be with Community Development instead of Municipal Service Working Group).

FUNCTIONALITY

• Provincial issues not finding way into the national discourse through the National Working Group and vice versa; similarly at times no alignment as to what is discussed at provincial working groups vis-à-vis discussions at national working groups;

• Lack of commitment and poor and inconsistent attendance by the working group members e.g. confirmation of attendance but do not attend meetings on the day;

• Attendance at meeting but municipal representatives leave the meeting early impacting negatively on the functionality of the Working Groups;

• The lack of proper mandating by municipalities of its representatives and lack of reporting back to municipalities by municipal representatives;

• Lack of political participation in working groups largely due to language barrier and at times technical complexity of matters under discussion;

FUNCTIONALITY

• Municipalities raising financial constraints due to number of meetings and the small number of councillors in municipalities;

• Last minute convening of working group meetings to input into critical policy processes;

• National Working Group reports are not processed as per the governance framework – do not start with provincial engagements by provincial working groups.

• The sending out of agendas timeously affects attendance in that municipalities determine attendance based on the Agenda;

• Working Groups are used to criticise SALGA;• Attendance by members of working groups without documentation packs

and therefore not prepared to meaningfully participate in discussions;• Sometimes working groups are merely meeting as per the year planner no

real value-add for those attending.

PROPOSALS TO ADDRESS CHALLENGES

NEC / PECS

• Attendance – the provisions of the Constitution should be enforced to deal with the lack of attendance by members.

• Roles and Responsibilities – conduct Induction for NEC/PEC members to understand the roles and responsibilities across SALGA Governance Structures.

• Working Group Chairpersons to take ownership of Working Group reports by formally presenting them during NEC/PEC meetings.

• Adding of items to the Agenda also be regulated by the Standing Rules of Order highlighted above.

• Adopt a tracking system for implementation of decisions at both political and administrative levels.

WORKING GROUPS

National• Each provincial member should be entitled to a minimum of 1 (one) and a

maximum of 2 (two) political representatives on a National Working Group, one of which must be the Provincial Chairperson of the related working group at the provincial level.

• Where it is deemed necessary, municipal members may supplement representation by being allowed to directly nominate representatives to serve on a National Working Group.

• Technical Committees be established that will feed into working group meetings with well processed and thought through recommendations.

• Provincial issues must form the bulk of the matters on the Agenda to ensure alignment as to what is discussed at provincial working groups vis-à-vis discussions at national working groups.

WORKING GROUPS

Provincial• Provincial Working Group representatives should comprise of Councillors,

supported by municipal officials.

• The composition of Provincial Working Groups should cater for all municipalities to be invited and attend the working groups with specific representation from each municipality (every municipal council to resolve which councillors and officials to represent that municipality in SALGA structures and communicate accordingly, including when a municipality changes it representation);

• Municipalities to be encouraged to ensure that in identifying their representatives they should have relevant exposure to the functional areas of that particular working group and that for every working group, 2 councillors plus an official shall be appointed.

WORKING GROUPS

Provincial• Limiting WG meetings to a maximum of four hours and convene two working

groups on the same day (one in morning from 8h00 to 12h00 and the other from 13h00 to 17h00) to deal with the concerns with the number of Working Groups and the consequent expectation that municipalities have to attend all Working Group meetings (affordability);

• Provincial issues to inform the agenda of the National Working Group and vice versa; to ensure alignment as to what is discussed at provincial working groups vis-à-vis discussions at national working groups;

• Speakers to be advised in writing of attendance of municipal representatives in SALGA structures to deal with poor or inconsistent attendance;

• To address the lack of proper mandating and reporting by municipal representatives all municipalities to be encouraged to have SALGA as a standing item on Municipal Council/Mayoral Committee/Executive Committee agendas.

PROVINCIAL AND NATIONAL CONFERENCE PREPARATIONS

PROPOSED DATES  • Provincial Conferences :- by latest end July ‘11 (60 days)• National Conference :- by latest end Aug ‘11 (90 days) 

PROVINCE PROPOSED DATES

EASTERN CAPE 26 – 27 JULY 2011

FREE STATE 26 – 27 JULY 2011

GAUTENG 28 – 29 JULY 2011

KWAZULU-NATAL 28 – 29 JULY 2011

LIMPOPO 28 – 29 JULY 2011

MPUMALANGA 2 – 3 AUGUST 2011

NORTHERN CAPE 2 – 3 AUGUST 2011

NORTH WEST 4 – 5 AUGUST 2011

WESTERN CAPE 4 – 5 AUGUST 2011

NATIONAL 6 – 8 SEPTEMBER 2011

ATTENDANCE

MEMBERS

• SALGA Constitution:- – “each member shall be entitled to so many delegates as determined by

the NEC with at least 1 delegate at the PC/NC” – “a member shall cease to be entitled to any benefits of membership,

including but not limited to the right to vote during meetings in the period in which membership fees or other charges due by it to SALGA are in arrears”.

• RISK: Outstanding membership levies

• ACTION REQUIRED: Communication advising that municipal members may be barred from participating in the PCs/NC should membership levies payments not be up to date.

PROGRAMME

• SALGA Constitution:- Business of NC to, amongst others:-– Elect members of the National Executive Committee;– Establish and review SALGA’s oversight bodies; – Adopt Audited financial statements in respect of 2009/10 financial year;– Approve the programme of action, business plan and budget of SALGA

as approved by the National Executive Committee for the 2011/12 financial year; and

– Review SALGA’s financial performance.

• Agenda:-– Organisational Report since 2007 National Conference;– SALGA 2009/10 Annual Report (which includes financial statements);– SALGA Business Plan 2011/12 & Budget for 2011/12;– SALGA Governance (Constitution and Funding);– Reports from Working Groups (focus areas to inform Commissions).

PROGRAMME

• Proposed framework for PCs Programmes:-

DAY 1• Input from external stakeholders (Host Municipality,

Premier);• Closed session (Organisational Report, Business Plan and

Budget);• Commissions.

DAY 2• Report back from Commissions;• Consolidation of Resolutions and Adoption of Declaration;• Elections and related processes.

DELEGATES • SALGA Constitution:- a minimum of 1 delegate is to represent

each member municipality• Last NC SALGA invited up to 8 representatives from each

municipality. • An analysis conducted of attendance at previous PMAs and

NMAs concluded that since 2006 an average 82% of municipalities attend translating to an average 77% delegates.

• Analysis further recommended that for purposes of planning for future events it is necessary to take account of the attendance record and plan accordingly.

• ProposaI:- Recommended that 8 delegates (6 politicians and 2 officials) per municipality be allowed to attend NC.

CONSTITUTIONAL REVIEW

BACKGROUND

• SALGA NEC on 22 Oct ‘08 resolved:-– To note the report received on proposals for amendments to SALGA

Constitution;– that the administrative issues be isolated from the report and be

responded to accordingly. – the Office Bearers consider the matters that arose and revert to the NEC

with specific recommendations on the way forward.

•  SALGA NEC on 8 Dec ‘08 resolved:-– To note the document developed to comprehensively respond to the

issues raised;– To establish a Constitutional Review Task Team to drive a process to

review the SALGA Constitution.

TERMS OF REFERENCE

OBJECTIVES OF REVIEW

• In view of the issues raised the objectives of this review:-

– Identification of the strengths and weaknesses in the current constitution with specific reference to the powers and functions allocated to the NEC and PECs;

– Identification of crucial gaps or shortcomings in strengthening the role of the organisation;

– Assess the impact of the Memorandum of Understanding on the operations of the organisation.

CONSULTATION PROCESS

• The consultation process proposed include: – Discuss proposed amendments at Provincial Conferences. – Additional proposals made and received from provinces to

be incorporated as part of a composite “Amendment to Constitution” proposal.

– Present concrete amendment to NEC;– Proposals to be structured and packaged and thereafter a

formal notice of the proposed amendments must be issued in accordance with the constitutional timeframe (21 days);

– National Conference to consider amendments for adoption.

THANK YOU