PANEL MODERATOR  : MR YONUS

 OUTA : ORGANISATION UNDOING TAX ABUSA

SALGA

AHMED KATHRADA FOUNDATION  

AUDITOR  GENERAL OF SOUTH AFRICA

ACCOUNTABILITY LAB SOUTH AFRICA

PUBLIC SERVICE ACCOUNTABILITY MONITOR

ACTION FOR ACCOUNTABILITY ACTION (A4A) Project

EUROPEAN UNION AND THE SOCIAL JUSTICE INITIATIVEl

FELLOW PANELISTS

ATTENDEES

DISTINGUISHED GUESTS

LADIES AND GENTLEMAN

Good Day

It is an honour to be here today as part of this panel on an important topic of public accountability within local government.

As COGTA, it is our firm view that accountability serves as the foundation of democracy, empowering citizens to trust their leaders and the institutions that serve them.

We view it as a fundamental pillar that ensures transparency, integrity, and the efficient use of resources to meet the needs of our communities.

For it is through effective oversight and accountability mechanisms that we can uphold the principles of good governance and fulfil our mandate to serve the public.

Allow me to frame the context of my contribution around the wise words on accountability by former UN Secretary-General Kofi Annan:

“Without transparency, there is no accountability. And without accountability, trust is lost. We need to build societies that are open, inclusive, and respectful of human rights, where governments can be held to account for their actions.”

Mr. Kofi Annan emphasizes a deep truth about governance, that it: the trust between citizens and their leaders is built on a foundation of openness, accountability, and respect for human dignity.

 When these principles are upheld, governments become not just administrators but true representatives of the people’s will.

The Theme of this Accountability Summit: “Towards Greater Accountability”

Equally, section 152 of the Constitution stipulates five key objectives of local government and 1(a) says , local government should provide democratic and accountable government for local communities.

Secondly, section 195 raises nine basic values and principles governing public administration and 1(f) says , public administration must’ be accountable.

As we share perspectives on the topic under consideration , we do so all empowered with regard to the state of municipalities, by the recently released report on Municipal Finance Audit Outcomes by Auditor General of South Africa.

The report gives empirical evidence on the state of municipalities and it gives categories of municipalities, that there are those that are doing well ,while the majority are struggling with regard to financial management and project planning and implementation.

Secondly, the state of local government report as well gives a detailed account on performance of municipalities and raises challenges that need our focussed attention.eg, infrastructure, malfeasance and malversation, governance, management capacities and technical skills, financial management and Supply Chain Management, provision of basic services, just to mention few.

Clearly without leadership accountability  and ethical leadership ,,organisations and institutions tend to suffer from misalignment, disconnect from the vision, emergence of poor governance and finance management culture, lack of ownership and resulting in failure to execute strategic initiatives.

The current situation shows that , ideal political relations between citizens and their municipal political leaders is impacted negatively , evidenced by levels of trust decline in the system.

A matter which necessitated Cabinet to establish an Inter Ministerial Committee to focus on the stabilization of local government.

To work accross a range of interconnected issues ,to restore largely effective systems for proper delivery of services and  secondly restore trust based on accountability, through legitimate, decisive and effective actions , working with citizens and social formations in society.

Need for community based planning and implementation, active participation and involvement of the people.

A programme that is uppermost in our work as the Department of Cooperative Government and Traditional Affairs.

Importantantly, local government as a sphere of government is expected and should strive through its financial and administrative capacity ,to realize and achieve the constitutionally assigned responsibilities.

 Local governments are the closest institutions to citizens, responsible for service delivery, local economic development, and community well-being.

Their ability to serve and provide services is what they exist for and it’s a must that they should demonstrate their capacity to serve.

However, trust in these institutions can erode if there is a lack of transparency regarding decisions, resource management, or the delivery of essential services.

As we have seen over the years, this trust deficit can disrupt the social contract between municipalities and residents, resulting in civic disengagement, protests, and diminished public cooperation.

A reality that charecterise many of the municipalities in the country.

Given that it is at this level that service delivery takes place and where the day-to-day needs of communities are addressed, the stakes for accountability are particularly high.

 Robust structures and systems for oversight, accountability, and consequence management are essential ,not only to prevent misuse of public funds but also to ensure that services are delivered equitably, resources are utilized efficiently, and local development initiatives are sustainable.

Ladies and gentlemen, allow me to highlight some of the mechanisms we have put in place and the roles they play in advancing accountability within municipalities.

One of the key elements of an effective accountability framework is the clear delineation of roles and responsibilities among municipal structures, and Office Bearers ensuring that each entity or office functions within its mandate while also reinforcing the checks and balances necessary for good governance.

THE ROLE OF SPEAKERS IN PROMOTING ACCOUNTABILITY AND OVERSIGHT

Speakers in municipal councils carry the weighty responsibility of ensuring that mechanisms for accountability are in place and functioning effectively.

They are tasked with guaranteeing that councillors perform their duties with transparency, integrity, and in the best interest of the municipality.

The Speaker’s oversight role extends beyond council meetings; it includes upholding the credibility of the municipality and ensuring that the services provided meet the priority needs of local communities equitably and sustainably.

The Local Government: Municipal Structures Amendment Act of 2021 has further strengthened the role of Speakers by delineating their responsibilities more clearly.

These include:

• Overseeing the legislative functions of the municipality.
• Ensuring effective oversight of the executive functions.
• Strengthening the work of council committees and ensuring ethical conduct within the council.
• Enhancing the effectiveness of ward committees and public participation processes.

By clarifying these roles, the Act addresses past conflicts between Speakers and Executive Mayors, which had previously undermined accountability.

The expanded duties of the Speaker now directly contribute to promoting good governance and improving service delivery and ensure accountability, of the administration and to the residents of their jurisdictions.

Ward Committees are a purview  the Speakers and are crucial for community involvement,  to work together with community based organisations.

MUNICIPAL PUBLIC ACCOUNTS COMMITTEES (MPACS)

The introduction of Municipal Public Accounts Committees (MPACs) represents a significant step in strengthening oversight and accountability.

These committees provide a forum for the examination of municipal performance and finances, separate from the influence of executive office-bearers.

They are supposed to be at the level of (SCOPA),Standing Committee on Public Accounts.

Their responsibilities include:

• Reviewing reports from the Auditor-General and internal audit findings.
• Developing oversight reports on annual municipal reports.
• Investigating issues on their own initiative or as directed by the council.

The requirement for MPAC reports to be tabled before the council ensures that findings and recommendations are addressed promptly, closing any gaps that might otherwise allow for the evasion of accountability.

ENFORCING THE CODE OF CONDUCT FOR COUNCILLORS

A key tool in promoting accountability is the Code of Conduct for Councillors, which provides a framework for ethical behavior and disciplinary action.

 The Speaker has a duty to enforce this Code and may initiate investigations where a breach is suspected. Recent amendments to the Code have introduced new measures to bolster accountability:

• Establishing special committees to investigate allegations if the Speaker is implicated.
• Requiring timely notification of the outcomes of investigations to the provincial MEC for local government.
• Prohibiting councillors removed from office for misconduct from running for office for two years.

These changes not only aim to address misconduct but also prevent unethical behavior from recurring, ensuring that councillors are held to the highest standards of public service.

DISCIPLINARY REGULATIONS FOR SENIOR MANAGERS

The commitment to accountability extends to senior management within municipalities.

The Local Government: Municipal Systems Act Disciplinary Regulations for Senior Managers and the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings provide a framework for handling financial misconduct.

 These regulations require accounting officers to take steps to prevent unauthorized, irregular fruitless  and wasteful expenditure and to initiate disciplinary actions where necessary.

The establishment of Disciplinary Boards is another critical measure, ensuring that allegations of financial misconduct are thoroughly investigated, and that appropriate actions are taken against those responsible.

CODE OF CONDUCT FOR MUNICIPAL STAFF MEMBERS

Municipal staff members also operate under a Code of Conduct, which mandates that they perform their duties with diligence, honesty, and impartiality.

 Breaches of this Code, such as conflicts of interest, unauthorized disclosure of information, or undue influence, can lead to disciplinary measures, including dismissal.

 This reinforces the principle that all municipal employees, regardless of rank, are accountable to the public they serve.

COALITIONS IN MUNICIPALITIES,A NEW REALITY .CAN IT BE MADE TO WORK ? CAN IT DEEPEN ACCOUNTABILITY?

Given the current state of local government where there is sizable number of dysfunctional municipalities,and where coalitions have dominated the Metropolitan Municipal councils, we must based on our different experiences and perspectives, give an account whether they are working or not.

Evidence  point to a challenged arrangements where these metros never had stability and indeed residents could not get the quality  attention they deserve and clearly , even accountability is not at an ideal level.

Because we have and continue to witness political contradictions and difficulties,amongst political parties in coalitions , obviously resulting in what citizens relate with emotionaly different.

Conversely , the formation of coalitions in municipal governance can significantly impact the quality of accountability and serve delivery.

In contexts where no single political party has a clear majority, coalitions emerge as a practical means to govern.

When functioning effectively , coalitions can foster a political environment where accountability is prioritised and governance processes are more inclusive and transparent.

In managing this complex system of governance ,particularly on coalitions, it has become clear that there is a need for political,policy and legislative review for improved management of coalition .

Because, with what is happening currently, accountability is and has been compromised given the ever conflictual working relations in municipalities , where decisions are somewhat not enough  for meaningful impact.

This has necessitated Local Government Municipal Structures Amendment Bill ,aimed at providing guidelines and legislation.

This Bill primarily is intended in providing clarity on the status of coalition agreements, the procedure and frequency of removing political office bearers, and how to enhance accountability, surely by developing appropriate checks and balances for improved transparency.

This envisaged legislation will help to stabilize the system for good governance, accountability and service delivery.

PROFESSIONALIZATION OF LOCAL GOVERNMENT

We recognize that the long-term sustainability of accountability requires the professionalization of local government.

The adoption of a Social Compact involving all stakeholders, including the South African Local Government Association (SALGA), aims to instill a culture of ethical leadership and shared responsibility.

The Social Compact serves as a commitment by local government leaders and communities to uphold standards of professional conduct and actively participate in building a capable and accountable local government system.

REPRESENTATIVE AND PARTICIPATORY DEMOCRACY

The preamble of the Constitution talks about the will of the people as the foundation on which a democratic government is based. In this context, we fully understand that the elected leaders are given a mandate to represent their constituencies and in turn , facilitate and create platforms for participation and involvement of communities.

Broadly , deepening of principles of democracy is important to for heighten efforts and provision of leadership. Elected leaders are expected based on the theme of this summit, to ensure that there is continuous consultation, mandating and discipline to deepen accountability.

In doing so , we would sharpen systems for the people to govern , as it was long envisioned in the Freedom Charter

LOCA GOVERNMENT  WHITE PAPER POLICY REVIEW.

The transformation of local government was primarily guided by the 1998 White Paper Policy Framework, it has become evident that after twenty six years (26 ) of it’s implementation , there is a need to review the policy based on our experiences.

We will be starting with the policy review consultation process and we would want to reach out to the majority  of South Aricans .

.The primary intention  is to reposition local and sharpen policy instruments for leadership and management.

Among critical areas to relook at , includes the review of the  funding model for local government .

CONCLUSION

To conclude, our approach to public accountability in local government is multi-faceted, involving the clear definition of roles, robust oversight mechanisms, stringent codes of conduct, and the professionalization of our institutions.

These measures collectively aim to ensure a culture of transparency, responsiveness, and ethical governance that safeguards the integrity of our municipalities.

These systems have beed developed to ensure effective oversight , accountability and consequence management in local government.

The pursuit of accountability is not a one-time effort but a continuous process that requires solid commitment and vigilance.

 As we work to strengthen our systems and processes, we do so with a keen awareness of the dynamic and evolving nature of local governance.

 It demands adaptability, proactive engagement, and a relentless drive for improvement.

As a Ministry responsible for cooperative governance and traditional affairs, we recognize the importance of collaboration and inclusivity in ensuring accountability.

Working together with all stakeholders, including traditional leaders, civil society, the private sector, and the audience here today, we can build a local government that truly serves the people, upholds public trust, and drives sustainable development.

This collaborative approach is precisely what the District Development Model calls for – integrating efforts across all spheres of government and sectors to ensure that our policies and interventions are informed by local needs and realities.

The model reinforces the idea that public accountability extends beyond formal mechanisms of oversight. It is about creating a shared vision for local development where all stakeholders are equally invested in its success.

It gives concrete expression to the objectives of Intergovernmental Relations for collective and individual accountability.

As we move forward, we remain committed in our mission to strengthen cooperative governance and create resilient municipalities that can adapt to changing circumstances while maintaining the highest standards of accountability.

We therefore call on you all to join us in reaffirming dedication to these ideals and work hand in hand to realize a local government that embodies the aspirations of all South Africans.

I thank you.