Deputy Speaker, just for the benefit of the hon Steenhuisen, the Minister is, in fact, out of the country, having been requested to go by the President.
The Minister views noncompliance with legislation in a serious light. It hampers the professionalisation of local government administration and it has a direct impact on the quality of service delivery by municipalities. The implementation of the Local Government: Municipal Systems Act regulations, which are expected in November 2013, will be a positive step toward ensuring compliance with the legislation.
The Minister is working closely with the MECs responsible for local government in the provinces to ensure that municipal managers and managers directly accountable to them comply with minimum competency levels, as prescribed, before they are appointed. They should also monitor whether financial managers comply as provided for in the Municipal Finance Management Act regulations. Failure to comply may result in the MEC or the Minister's approaching the courts for a declaratory order as provided for in the Local Government: Municipal Systems Act.
The implementation of the minimum competency levels for municipal managers and senior managers is the responsibility of municipalities. Mayors are responsible for monitoring that there is comprehensive compliance before any appointment is made. The Minister has requested the MECs responsible for local government in provinces and mayors to monitor compliance with the minimum competency levels and to make appropriate interventions. The SA Local Government Association is also closely involved.
The Minister notes with concern that the majority of municipal managers and managers accountable to them did not satisfy the requirements as set out in the minimum competency levels contained in the Municipal Finance Management Act regulations by 1 January 2013.
Most municipalities made an application to the National Treasury to formally seek permission to delay the enforcement of the minimum competency regulations to allow officials to finalise their training beyond the 1 January 2013 deadline. This process is termed "the consideration of the special merit cases." Successful municipalities will be granted an additional 18 months to finalise training by 1 July 2014. The MECs of the Eastern Cape, Limpopo, the Northern Cape and the North West have been requested by the Minister to follow up with respect to the 11 municipalities that have, to date, failed to submit these required "special merit case" applications.
The list of applications received for the special merit cases reveals that most municipal managers and senior managers have applied for and most have complied with three out of the four prescribed requirements. The fourth requirement, which relates to financial management and supply chain management competencies, is still to be complied with. Most municipalities have made applications in line with this fourth requirement for more comprehensive compliance under the prescribed regulations.
The Ministers for Co-operative Governance and Traditional Affairs and for Finance are responsible for the Municipal Finance Management Act regulations. The two departments are in discussions in order to have one composite set of regulations on minimum competency levels for municipal managers and managers directly accountable to them. The two Ministers are working closely to monitor compliance with the minimum competency levels by municipalities. I thank you.
Madam Deputy Speaker, given the Deputy Minister's previous lecture on delivery and the continuous drone of the attacks he has been subjecting us to now, I will take them from whence they come. However, allow me to say that I thank you, Minister, for the answer.
I'm sure that the Deputy Minister will agree with me that it is very concerning that the modules outstanding are the modules that probably have the greatest impact on the problems that we are experiencing at local government level, namely financial management and supply chain management. Both of these key areas are identified by the Auditor-General in his numerous reports.
Now, one of the other aspects that the Auditor-General has spoken about at length is the lack of consequences. Frankly, you haven't answered my question in the House today, and it is: What steps do you intend to take against those managers who do not meet these requirements by July 2014? Are you going to fire them? Are they going to be given a warning? What is the department going to do? Is the department just going to put out another set of regulations that nobody complies with and everybody has forgotten about in three years?
Deputy Speaker, seeing that the hon Steenhuisen and I have locked into the trading of barbs, may I take him up on his game show remark earlier and ask him whether he wants to turn this House into "DA Idols". [Interjections.]
No, hon Steenhuisen ... [Interjections.]
Order! Order!
As we indicated in the reply, these provisions were set out. We have reached a stage where, as I indicated, in the vast majority of cases municipal managers and senior managers accountable to them have complied with three out of the four requirements. That is progress.
Many of these municipalities have come back and indicated that there are constraints. This is not a matter that deserves trivialisation. Many of those municipalities have made out solid cases. They have made out cases of constraints that they have experienced. They have also indicated in certain cases that there are municipal managers and senior managers who, in other respects, are absolutely eminently suitable and who are in fact doing brilliant work, but who technically are not in compliance with this. We have made it very clear that we don't condone that noncompliance, but they have gone through a process of requesting an extension.
I would say, let us wait for that period to take its course. We are monitoring it carefully and we are supporting those municipalities. Let us not pre-empt the matter. Thank you very much. [Applause.]
Thank you, Deputy Speaker. Thank you, Deputy Minister, for your reply. Could the Deputy Minister share some information on those municipalities which have complied with the provisions of Treasury's Circular No 60 on Minimum Competency Level Regulations, and what success the capacity-building initiatives which are aimed at enhancing sector-specific competency for newly appointed officials have had? Thank you.
Chairperson, I think, as I indicated in the main reply, that these measures represent a step forward in enhancing and promoting the professionalisation of the Public Service at local government level. These measures were put in place, steps were taken, municipal managers and senior managers have qualified and they have complied, in the vast majority of cases, with three out of the four of those requirements.
In addition to that, we are putting in place regulations. These are currently before Parliament and they will set standards for the employment of municipal managers and senior managers. They will set out very definite processes for how that employment should take place.
The whole question of the professionalisation of the Public Service at local government level is receiving a lot of attention. I think that it should also be seen in the context of the steps that are being taken by the Minister for the Public Service and Administration with respect to national and provincial government. Thank you. [Applause.]
Through you, Deputy Speaker, I would like to ask the Deputy Minister the following.
Hon Deputy Minister, the problem that we are facing in local government is that the functionality and service delivery that we expect from that sphere of government are critical for a peaceful South Africa and its future. I think we all agree that that is the case, and we therefore commend you for the steps taken to improve that professionalism.
I just need clarity in respect of when the department is approached for a request to extend the period of compliance. Is it before or after such a decision has been taken by the council? This is because for councils to comply with everything - Treasury regulations and Minister's regulations in terms of local governance and co-operative governance - it is important for them to understand that they should first get permission before they take unlawful decisions.
Would you support a suggestion that councillors who pass unlawful decisions should be held personally liable for such decisions if they absolutely fly in the face of all measures that you institute to ensure accountable government? Thank you. [Time expired.]
Deputy Speaker, first of all I agree wholeheartedly with the hon Kilian's point of departure. I think that is a shared concern. It's something that we all recognise. It is something that features very prominently in our National Development Plan - the importance of local government to every other aspect of our success as a nation. For that to happen, we do need a professional, well-functioning civil service at the level of local government. That is why we have taken a lot of these measures.
With respect to these measures, as I have indicated, there was an application in terms of which the deadline was extended to July 2014. Related but distinct from that are the requests that municipalities make for deviations. Those are requests that are sent on a case-by-case basis either to the Minister for Co-operative Governance and Traditional Affairs or to the Minister of Finance, depending on which employees are being appointed. Obviously, those requests need to be made before employment is finalised, and noncompliance would obviously be a serious matter.
I think that question of holding individual councillors liable for decisions that they take hon Kilian, is something that we can engage with further. But, just off the top of my head, I can think of quite a number of challenges in adopting such a position. I think hon Members of Parliament can ask themselves whether they would want to be held individually liable for the decisions of the collectives to which they belong and have been elected to. I don't know. Does one hold everyone in council liable, or only those who voted one way or another? I think the difficulties and the complications are obvious. But we can engage with it. Thank you. [Applause.]
Thanks, Deputy Speaker. The Deputy Minister gave the impression in his reply to the question, at the beginning, that there was, in fact, a very high level of compliance with the requirements and that was perhaps satisfactory. But it would be useful to back it up with some numbers. For example, I would like to know how many people in total were required to comply with the requirements in the first instance, how many of them did satisfy the deadline, how many of them met three quarters of the requirements, how many applied for extensions, and so on - some sort of statistical basis for your seeming confidence in the process so far.
Hon Smith, thank you very much. That is something that we will undertake to obtain and provide. Thank you. [Applause.]
Particulars regarding commitments pursuant to visit by President to Ngobi in North West
327. Mrs J M Maluleke (ANC) asked the Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency: (a) What is the current status quo of the President's commitments after his June 2012 visit to Ngobi, which falls under the Moretele Local Municipality in the North West, where he monitored the infrastructure development of the Government and committed the Government to expanding the roll-out of water, roads, rail and electricity infrastructure in addition to the 10 priority roads that would be upgraded, including the construction of a 2,5 ML water reservoir and equipment for 10 boreholes, electrification of boreholes and construction of pump stations, (b) how often are these commitments monitored and (c) who is responsible for monitoring the President's commitments?