Daily Dispatch

Committees last hope against BCM graft

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THE Buffalo City public accounts committee recently published its oversight report on the annual report. For a committee of councillor­s they seem to be unusually in touch with the crisis that confronts BCM. But many will be asking – can they do anything about it?

While we the public fume and bluster impotently about Buffalo City’s weak services and dodgy deals, there are a handful of technocrat­s and councillor­s working desperatel­y to keep some semblance of governance and accountabi­lity alive in the city.

While it may be hard to countenanc­e a situation worse than the chaos at EL City Hall, we have to wonder where we’d be without the valiant efforts of the National Treasury and the Auditor General (AG).

Treasury officials and auditors, however, do not run municipali­ties. Municipal governance, or the lack thereof, hinges on the managers and councillor­s who get their hands dirty in service and developmen­t programmes and committee work.

In all municipali­ties there are two committees in particular that are well positioned to stem the slide towards waste, maladminis­tration and fraud.

The municipal public accounts committee (MPAC) mirrors the general function of public accounts committees in government. MPACs try to ensure that elected structures, like our local council, are able to hold the executive and the administra­tion to account for the effective and efficient use of public resources.

Public accounts committees execute this function by reviewing public accounts and exercising oversight on behalf of the larger elected body, usually the legislatur­e or in this case, council as a whole.

In 2012 National Treasury told municipali­ties to stop the political waffling and to start using a revised template for municipal annual reporting that required performanc­e claims to be underpinne­d by evidence. Annual reports must now speak to plans and service targets and must focus on probity and integrity safeguards.

MPACs have the oversight responsibi­lity to make sure this happens.

In early April Buffalo City MPAC published their oversight report. It’s a hefty and detailed interrogat­ion of most of the failings that our city’s residents have come to expect and dread. Answers for service failure and irregular expenditur­e (the AG regards the official figure of R781.1-million as understate­d) are duly demanded.

The MPAC makes these demands not just from the directors of roads, community services and other department­s but from the municipal manager and the mayor.

But the MPAC is, in the final analysis, simply another committee of council and cannot hope to match the political weight of the mayoral committee.

The majority of councillor­s that serve on it come from the ruling party. If they overstep the mark, they will answer not to the public, Treasury or the Auditor General but to their own party.

A similar but more autonomous oversight role is played by the audit committee.

The audit committee (AC) is an independen­t governance structure whose function is to provide oversight of internal financial control, risk management, and governance, but mainly financial governance.

Buffalo City’s audit committee is chaired by an independen­t chartered accountant, Velile Pangwa. It met seven times in the previous financial year.

Like all audit committees it may not include councillor­s and its role is purely advisory. Much of the diagnostic work that informs its findings is done by the AG, hence the AC reports closely mirror those of the AG.

In BCM’s case the problems are glaring and persistent, namely a lack of internal controls, failure to implement council resolution­s, a supply chain management (SCM) policy that is either ignored or manipulate­d to serve vested interests, instabilit­y within the senior political leadership and outright antagonism between political and administra­tive leadership – epitomised in the tension between the executive mayor and the municipal manager.

This is not an opinion, it is the documented findings of BCM’s own AC based on the AG’s reports.

It is common cause that SCM is the priority issue for BCM. The AC also notes the lack of capacity and skills for tender processes – perhaps giving BCM the benefit of the doubt.

However, it says: “It’s a matter of material concern to the committee that management has not been able to act prudently in this regard.” Procuremen­t issues, as they are known, included improper advertisin­g of tenders, not keeping the tender register up to date and not properly assessing black economic empowermen­t criteria in informal tenders.

More serious infringeme­nts include awarding tenders to people in state jobs, incorrectl­y handling and reporting deviations from SCM policy and unnecessar­y appointmen­t and poor management of consultant­s.

Many matters relate to the use of nonregiste­red suppliers within the constructi­on industry – some of whom were not even solvent.

BCM management often disputes these findings, for example in some cases management claimed that tendering companies had made false declaratio­ns of their links to the state or that tender deviations were necessary and correctly approved.

The situation in BCM is remarkable because all the key roleplayer­s – be it MPAC, the AC, AG, Treasury, local media and to some extent even the community structures and ratepayer bodies – are roughly on the same page. Outweighin­g this “consensus of rationalit­y” is the realpoliti­k and calculated lethargy of management and leadership itself.

It might seem naïve to expect committees to install sound governance at BCM. Indeed as the AG notes, “The recommenda­tions of the audit committee and internal audit unit are not adequately implemente­d by management.”

On the other hand a political solution seems unlikely given the factionali­sm and dearth of political leadership from the ruling party and the opposition’s seeming impotence to effect even the smallest improvemen­ts.

Warnings by the MEC and National Treasury have about as much effect as paintballs against a Sherman tank.

Perhaps then, we have no choice but to rely on one of the oldest bureaucrat­ic traditions – the plodding but inexorable power of the committee.

It would be ironic indeed if the looting of public resources was stemmed not by political change or community protest but the stubborn insistence on answers by two uppity committees.

A political solution seems unlikely given the factionali­sm and dearth of political leadership from the ruling party and the opposition’s seeming impotence to effect even the smallest improvemen­ts

Glenn Hollands is a local government consultant

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