Constitution supports cooperative governance and intergovernmental relations, says NCOP Chair
The Chairperson of the National Council of Provinces (NCOP), Mr Amos Masondo, participated in the Special National Members Assembly of the South African Local Government Association recently, writes Mava Lukani.
The theme of the Special National Members Assembly was: “Guiding the Transition: An Opportunity to Renew as We Usher in the 5th Term of Democratic and PeopleCentred Local Government”. Mr Masondo addressed the topic: Working Together to Achieve the Developmental Outcomes of Local Government.
In addition to placing local government at the centre of social and economic development, Mr Masondo said the Constitution also advances the principles of cooperative governance and intergovernmental relations. It places a responsibility on the three spheres of government to cooperate with one another in mutual trust and good faith. This can be achieved, the Constitution says, by fostering friendly relations, assisting and supporting one another and communicating well with one another.
However, Mr Masondo noted with concern the growing number of poor interventions by provinces in municipalities, as well as the increase in repeat interventions. He also pointed out that many such interventions are used as instruments to achieve political ends. The NCOP has noticed:
1) There is no uniformity in the application of Section 139 across provinces or within a province;
2) Some municipalities emerge from Section 139 interventions worse than before;
3) Sometimes the interventions occur late into the process;
4) There is failure to use the provisions of the Municipal Finance Management Act; and
5) The provinces do not seem
to be keen or able to establish early warning systems and to act accordingly.
“It is our view,” Mr Masondo said, “that many of the issues that trigger an intervention would not be there if the spheres of government were cooperating with one another in mutual trust and good faith, as provided for in the Constitution. One of the persisting challenges facing a number of municipalities and which impact development is the inability to raise revenue and lack of capacity to manage finances. This is particularly the case with many rural municipalities that have poor revenue base and also experience difficulties with attracting talent.
“We appreciate the role being played by Salga (South African Local Government Association) in the proceedings of the NCOP. This role has increased over the years. It is a clear demonstration of how we can work together to achieve the development of local communities,” said Mr Masondo.
On the new district model, he said: “We trust that the new District Development Model, which consists of a process by which joint and collaborative planning is undertaken at local, district and metropolitan levels by all the three spheres of government, will help us to enhance the observance and adherence to the constitutional principles of cooperative governance and intergovernmental relations.”
Mr Masondo committed the NCOP to support the implementation of the model through the insights gained from oversight work.