MUNICIPAL SYSTEMS BILL

1
MUNICIPAL SYSTEMS BILL

• September 1999

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LEGISLATION

• Municipal Demarcation Act, 1998
• Municipal Structures Act, 1998
• Municipal Systems Bill (1999)
• Property Rating Bill (1999)
• Public Finance Management (Local Government) Bill
  (1999)
• Repeal of Local Government Legislation

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MUNICIPAL SYSTEMS BILL

• Implements White Papers vision of developmental
  local government
• integrates core municipal systems such as
  participation, development planning, performance
  management, public administration, service
  delivery, financing

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CYCLE OF TRANSFORMATION
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NEW CONCEPT OF MUNICIPALITY
Chapter 2
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PARTICIPATION IS BASIS FOR CORE SYSTEMS
Chapter 3
PUBLIC PARTICIPATION
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PUBLIC PARTICIPATION
Chapter 3

• Empowered citizens are the drivers of
  transformation
• involve residents in determining priorities
• enable residents to compare performance with
  other municipalities and alternative service
  providers
• allow residents the choice of service provider
• give residents forums to voice grievances

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PUBLIC PARTICIPATION
Chapter 3

• Develop culture of participatory governance
• establish mechanisms for feedback and
  participation
• special provisions for disadvantaged
• inform residents of mechanisms
• build capacity to participate
• public admission to meetings

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DEFINING EXECUTIVE AUTHORITY
Chapter 4
EXECUTIVE POWERS
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COOPERATIVEGOVERNANCE
Chapters 2 4

• Municipalities must
• Integrate municipal legislative and executive
  functions with national and provincial policies
  and programmes
• participate in organised local government
• Decentralisation coordinated through Minister and
  MEC
• Prevention of unfunded mandates

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DEVELOPMENT PLANNING
Chapter 5

• 5 year planning cycle linked to term of office
• IDP provides framework for more detailed sectoral
  plans
• must adopt plan within 1st year of councils term
• must adopt process for IDP within 2 months
• MEC monitors and facilitates integration

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DEVELOPMENT PLANNING
VISION
VISION
25year strategy
FINANCIAL PLAN
INTEGRATED DEVELOPMENT PLAN
5 year plan
ANNUAL PROJECTS
ANNUAL BUDGET
1 year plan
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LINKING PLANNING TO PERFORMANCE

• PLANNING
• vision
• needs
• priorities
• objectives
• strategies
• spatial framework
• implementation plan
• financial plan

• PERFORMANCE
• MANAGEMENT
• indicators
• targets
• monitoring
• evaluation
• communication
• change

Chapter 6
Chapter 5
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REPORTING TO COMMUNITY

• ANNUAL REPORT
• analyses performance of previous year
• audited financial statements
• sets targets for coming year

• INTEGRATED DEVELOPMENT PLAN
• sets priorities and objectives of community as
  basis for performance indicators and targets

Chapter 6
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MONITORING SUPERVISION
Chapter 10

• Empowering Council and community
• Provincial monitoring linked to municipalitys
  own performance system
• Minister to set minimum standards for
• service delivery
• provincial supervision
• Municipal targets must match minimum standards

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IMPROVING PERFORMANCE
Chapter 6

• Capacity building
• management reform
• technology
• alternative delivery mechanisms
• review IDP

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BATHO PELE
Chapter 7

• Identify clients
• determine service
• establish current service level
• set target for service level
• determine ways to meet target
• monitor performance and review

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PUBLIC ADMINISTRATION
Chapter 7

• Culture of public service
• flexibilty and responsiveness
• efficient delegations
• performance contracts
• staff code establishment
• capacity building establishment
• code of conduct

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SERVICE DELIVERY OPTIONS
Chapter 8

• Internal Department
• Municipal business enterprise
• Service delivery agreement with
• other municipalities
• other organs of state
• private companies
• NGOs or CBOs

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Chapter 8

• SERVICE AUTHORITY
• objectives targets
• develop strategies
• determine providers
• financial framework
• tariff policy
• monitor evaluate
• regulation

• SERVICE PROVIDER
• operational plan
• performance
• service delivery
• revenue collection
• sustainability
• accountability

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COMPETITIVE PROCUREMENT
Chapter 8

• For all service delivery agreements with persons
  other than municipalities
• Options
• prequalification and competitive bidding
• competitive negotiation
• solicitation of competing proposals
• unsolicited proposals
• Minister to regulate selection of process

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MUNICIPAL SERVICE DISTRICTS
Chapter 8

• Internal service districts
• Multi-jurisdictional service districts
• established by agreement between municipalities
• functional efficiency and economies of scale
• governing body acts as service authority
• agreement determines mechanism for service
  provision

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TARIFF POLICY
Chapter 8

• Equity
• access to basic services
• payment linked to consumption
• full economic cost sustainability
• surcharges or levies
• local economic development
• conservation of scarce resources
• explicit subsidisation of poor

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CREDIT CONTROL
Chapter 9

• Sound customer management
• proper metering billing
• credit control policy
• provisions for indigent
• termination of services
• agreements with employers
• by-laws

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LEGAL MATTERS
Chapter 11

• Notices
• certificates as evidence
• prosecution of offences
• fines bail
• service of documents
• debt settlement before transfer

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BY-LAWS
Chapter 4

• Legislative procedures
• subordinate legislation
• publication requirements
• standard draft by-laws
• municipal code

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MUNICIPAL SYSTEMS BILL

• September 1999