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PUMA Assignment Submit

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0% found this document useful (0 votes)
9 views15 pages

PUMA Assignment Submit

Uploaded by

Syanda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Table of contents

1) INTRODUCTION.............................................................................................................................. 1

2) PURPOSE AND CONSTITUTIONAL MANDATE OF LOCAL GOVERNMENT..............................1

PURPOSE OF LOCAL GOVERNMENT.........................................................................................2


CONSTITUTIONAL MANDATE OF LOCAL GOVERNMENT..............................................................2

3) CATEGORIES AND TYPES OF MUNICIPALITIES.........................................................................3

METROPOLITAN MUNICIPALITIES (CATEGORY A)......................................................................3


LOCAL MUNICIPALITIES (CATEGORY B)...................................................................................3
DISTRICT MUNICIPALITIES (CATEGORY C)...............................................................................4

4) POLICY-MAKING PROCESS AT LOCAL GOVERNMENT............................................................4

STAGES OF THE POLICY-MAKING PROCESS............................................................................4

5) ROLE OF NATIONAL, PROVINCIAL GOVERNMENT AND SOUTH AFRICAN LOCAL


GOVERNMENT ASSOCIATION IN THE POLICY-MAKING PROCESS.........................................5

NATIONAL GOVERNMENT........................................................................................................5
PROVINCIAL GOVERNMENT.....................................................................................................6
SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION (SALGA)...............................................6

6) POLICY IMPLEMENTATION CHALLENGES AT LOCAL GOVERNMENT SPHERE....................6

7) POSSIBLE MECHANISMS AND SOLUTIONS TO ADDRESS THE IDENTIFIED


CHALLENGES................................................................................................................................. 8

A) CAPACITY RESTRICTIONS................................................................................................8
B) POLITICAL INTERFERENCE...............................................................................................9
C) BAD ADMINISTRATION AND CORRUPTION..........................................................................9
D) LACK OF COORDINATION.................................................................................................9
E) COMMUNITY INVOLVEMENT.............................................................................................9

8) CONCLUSION............................................................................................................................... 10

REFERENCES................................................................................................................................... 11
Terminology

1. Local government refers to the way elected officials and local authorities run a
particular geographic town or district. It oversees local affairs, including
infrastructure, community development, and public services, and it operates in a
more constrained area (Encyclopaedia Britannica,2024).
2. Administrative refers to activities connected with the setting up and running of a
company, organization, or other entity. It means to organize, supervise, and
coordinate a variety of operations so that a company runs smoothly (Cambridge
Dictionary).
3. Municipality is a city, town, or other district that has its own local government. It
possesses corporate status and powers of self-government as granted by national
and regional laws. The term can also refer to the governing body of such a district
(Cambridge Dictionary).
4. SALGA is a countrywide voluntary political organization. Constituting all the local
governments in the nation it is a public organization made up of local governments
in South Africa (Wikipedia,2019).
5. Governance refers to the act of governing a state, an organization. It includes all of
the procedures, practices and systems used to govern and control a society or an
organization (Oxford Dictionaries)
6. Policy refers to a general plan of action or guiding principle accepted or proposed
by an individual or organization. It outlines direction, opening ground for decisions
that lead to their conclusion (Oxford Dictionaries).
7. Government describes the structure or people in charge of an established
community, usually a state. To handle the relations of the community, policies,
laws, and regulations must be established and upheld (Oxford Dictionaries).
8. Constitution is the set of guiding principles or accepted customs that establish the
framework for the governance of a state or other entity (Oxford Dictionaries).
1) Introduction
Local government plays a vital role in dealing with community needs, local
development and ensuring effective municipal administration. The Assignment
explores the policy-making process at the local government level by expounding on
how it enhances municipal administration. The policy goal and constitutional
mandate provided to local government to provide guidance for advancing democratic
governance, social and economic development as well as effective service delivery.
It also explains the different types of South African municipalities, such as district,
local, and metropolitan municipalities, all coming with specifically defined duties and
obligations.

The assignment will further go to look at the process of policy formulation at the local
government level, from identifying the agenda to appraisal. It will identify how the
South African Local Government Association, the federal and state governments,
execute their supervisory and supporting functions. In addition, it elaborates the
challenges such governments face in implementation of policies, for example,
capacity and lack of resources, and hence gives ways and means to overcome the
same, such as improvement of intergovernmental relations and capacity-building
programs. This aims at giving guidance on how the municipal administration could
be improved through efficient policy making through this elaborate analysis.

The assignment investigates the issues in depth, intensely bringing out what the
objectives and constitutional local government mandate are, the various types of
municipalities, how policies are made and the role various governmental bodies play
in the process, the challenges involved in the application of policies at the level of
local administration, and what mechanisms may be conceived or developed and
corresponding solutions proposed in respect of the challenges found.

2) Purpose and Constitutional mandate of local government


The position held by local administration in ensuring that the needs and objectives of
the local communities are met is very integral. It brings about effectiveness and
efficiency in dealing with matters locally since it is the easiest form of government to
be accessed by the people. Therefore, this assignment explores the purpose and

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constitutional mandate of local government in relation to its value for democratic
governance, service provision, and community development.

Purpose of Local Government


The two major functions of local government are administrative and representative.
The activities regarding waste management, water, sanitation, and infrastructure
maintenance come directly under the local governments' belt. These services exactly
determine the health and living standard of the residents. The local governments
play major roles in fostering social and economic development. A series of policies
and other forms of initiatives adopted at this government level, irrespective of
whether it is federal or local government, at grass root level are best tools that can
be used to solve such problems as joblessness, poverty, and inequality (The Diligent
team,2019).

Constitutional Mandate of Local Government


The Constitution by prescribing the powers, functions, and tasks of local
administration, is the embodiment of the Constitutional mandate for the government.
A case example is Chapter 7 of the South African Constitution, which gives a broad
framework for local government, together with an executive role within a democratic
and accountable government. Local governments are constitutionally mandated to
provide democratic and accountable administration; hence, they are under this, as it
were, obligated to ensure that the communities they serve are informed and
consulted on every decision and action taken.

As envisaged by the Constitutional Mandate, Local Governments will work towards


the provision of essential services in a manner that is effective and sustainable. This
comprises the maintenance and development of infrastructure coupled with resource
management in order to meet current and future needs, the constitution Mandate
Local Government to do Social and Economic Development which implies Local
governments have to carry out policies and projects that will help better local
economy and make social conditions better. This ranges from projects targeted at
raising the general standard of living, reducing poverty and creating employment.
Public safety and community well-being are two of the higher objectives of local

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governments, and they must work toward this end by creating safe and secure
environments.

This includes enforcing environmental laws, upholding public areas, and creating
accessible services that safeguard the physical health and welfare of members in the
public domain. In relation to the constitution, local governments have a further
responsibility of ensuring that there is engagement with community groups and
communities in decision-making. This gives a sense of community ownership and
ensures that programs and policies are sensitive to community needs (Chapter 7:
Local Government).

3) Categories and types of municipalities


In South Africa, there are 257 municipalities, including eight metropolitans, 44
district, and 205 local municipalities in total. Section 155 of the Constitution provides
that there must be in the national legislative and members of the executive council to
make provision for standards and requirements to provide for the category. The
Local Government: Municipal Structures Act, 1998 makes provision for standards
regarding when an area must have a metropolitan municipality (category A). And
when it falls into local municipalities (category B) or district municipalities (category
C) in terms of. This assignment looks at the three types of municipalities by profiling
their special characteristics and responsibilities (Cooperative Governance Traditional
Affairs,2022).

Metropolitan Municipalities (Category A)


Metropolitan municipalities are fast urban areas characterized by their very high
population densities, as well as complex economic structures. They are the only
level of such municipalities that possess both executive and legislative powers.
These include a wide spectrum of services from water and electricity, waste and
public transport to city planning, among others. Buffalo City (East London), City of
Cape Town, Ekurhuleni Metropolitan Municipality (East Rand), eThekwini (Durban),
and City of Johannesburg (Cooperative Governance Traditional Affairs,2022).

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Local Municipalities (Category B)
This level has shared legislative and executive powers with the local municipalities
within their boundaries. District municipalities are tasked with providing the basic
services to their respective communities and are of a relatively smaller size as
compared to metropolitan municipalities. Based on the size of their population and
economic activity, local municipalities can be further subdivided into the following
categories: B1: Large towns and secondary cities of a large size with large budgets,
for instance, Rustenburg and Polokwane. B2: Local municipalities with large towns at
the center, such as Mossel Bay and Midvaal. B3: Municipalities such as Umdoni with
low populations and small towns. B4: Low-density local municipalities, mainly rural
areas (Cooperative Governance Traditional Affairs,2022).

District Municipalities (Category C)


A district municipality is a type of municipality that comprises a number of local
municipalities within a region. They oversee and assist local municipalities with
activities regarding resource allocation, developing infrastructure, and regional
planning. District municipalities are vital in enabling the smaller municipalities to
render basic services. Good examples of District Municipalities are the Cape
Winelands District Municipality and the Ehlanzeni District Municipality (University of
South Africa,2022).

4) Policy-making process at local government


The Constitution outlined the framework within which local government functions
today in South Africa. It charges municipalities with having to ensure service delivery
and promote social and economic growth and community involvement in local
governance, among a raft of other mandates. All these will find realization through a
multi-stage policy-making process comprising the identification of problems and
evaluation of policies.

Stages of the Policy-Making Process


1. Problem Identification and Agenda Setting: The first step; to determine which
problems require action from the government. Demand by the public, governmental
priority, or new difficulties may be the impelling forces for this. Finding which

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problems require working on is often decided by local governments through
instrumentation a data analysis, research, or public opinion (Schito,2022).
2. Policy formulation: After a problem has been identified, alternative solutions need
to be formulated. This involve preparing the working document of policy proposals,
consulting stakeholders, and assessing possible ramification. Policy formulation
remains integral in the whole process because it paves way for an effective policy
implementation (Schito,2022).
3. Decision-Making: Policies when formulated are thereafter presented to the
appropriate committee, such as local councils, to discuss the suggestions. Here
committees consider any public opinion in the formulation and pass or reject the
legislations on which they deliberate, making this the point where policy is officially
decided democratically and aligned to community need (Schito,2022).
4. Policy Implementation: After policy approval, it gets down to the actual operation.
That is, funds are distributed, incumbencies designated, and monitoring and
enforcement mechanisms established. Policy implementation assumes proper
observance of the established timelines and coordination of activities of many
different municipal departments (Schito,2022).
5. Policy Evaluation: This is where the outcome of policies is assessed. It involves the
monitoring of results, measurement of effectiveness, and the necessary adjustments.
Continuous assessment is effective for the improvement of policies, and it also
ensures goals are reached (Prinsloo,2011).

5) Role of national, provincial government and South African Local Government


Association in the policy-making process
In South Africa, the national and provincial governments, together with the South
African Local Government Association, play a major role in the policy-making
process at the local government level. While all these bodies bring their very unique
contributions to the formulation and implementation of the local community-affecting
policies, they are also related.

National Government
National government legislation and regulations establish benchmarks and provide a
framework for local government practice. The Municipal Systems Act, the Municipal
Finance Management Act, and the Constitution are a few specific examples. The
national government also finances local government with the help of mechanisms

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like conditional grants and the equitable share. Financial allocations describes an
important source of the money municipalities require to implement policy and deliver
services. The national government conducts trainings and programs in developing
the capacity of local government representatives. The national government also
monitors the performance of these local governments to ensure that policies and
guidelines are adhered (National Policy Development Framework,2020).

Provincial Government
Provincial governors make it easier to coordinate between municipalities and with
the national government. This facilitates the resolution of intersecting issues and
harmonization of policies. Provincial governments manage the municipalities under
their purview. Technical support and assistance are also given to make sure that the
local policies are in accordance with regional, state, and federal priorities. Similar to
the federal government, provincial governments also grant training and development
programs for local government officers. Provincial governments are empowered to
interfere in times of municipal failure in carrying out their duties, and they may take
over the situation and rectify it (National Policy Development Framework,2020).

South African Local Government Association (SALGA)


SALGA according to their website, represents interests of the local government
within national and provincial processes used in making policies. It has made sure
that the voices of the local municipalities are heard and promotes laws that will
benefit them. SALGA provides training and development programs. In addition, it
offers instruments and resources that can be used to ensure the effective
implementation of policies. The sharing of best practices with municipalities and
conducting research on matters of relevance to local governance are part of
SALGA's services. This enhances policy making and implementation. SALGA is
necessary for the promotion of intergovernmental relations and ensuring effective
collaboration between different spheres of government (Dlanjwa,2013).

6) Policy Implementation challenges at local government sphere


Local government in South Africa forms the pivot through which service provision
and grassroots development can be furthered. However, when it comes to the
implementation of policies that abound within this field, a number of challenges face

6
successful development and provision of services. The assignment at hand
discusses such, and the first one is
 Capacity Constraints: Most towns do not have the necessary human resources
and financial wherewithal to ensure proper policy implementation. Practically all
municipalities are faced with insufficient qualified personnel, financial resources,
and weak administrative structures and processes, which limit effective
coordination, monitoring, and evaluation of policies.

 Political Interference: The political dynamics at the local government level in


most cases affect the implementation of policies. This could result in a shift of
focus to projects with political agendas at the expense of community needs,
resulting in inefficiencies due to misallocation of resources. For instance, Chapter
7 of the Constitution of the Republic of South Africa Act 108 of 1996 provided for a
strong local government system in the democratic state arising from 1994. The
politicization of the local bureaucracy was, however impossible to avoid. The
ruling party, ANC, also wanted to ensure municipal executive leadership shared
the same political ideology to advance local development.

 Corruption and Bad Administration: Both are very detrimental factors to


successful policy implementation. Corrupt activities and mismanagement of funds
and resources adversely affect the goodwill of citizens and compromise local
government operations. For example, it was reported in 2012 that Cassel Mathale,
the former premier of the almost bankrupt province, Limpopo, and an ANC
provincial leader, had instead used the public funds for his personal benefit and
not to provide services to the general public.

 Lack of Coordination: The enforcement of policies does involve teamwork


between the government sectors and the concerned departments. However, as a
result of non-cooperation and lack of coordination the efforts and projects typically
remain fragmented and duplicated. During the early 1990s, negotiations
determined how the three spheres of government- the national, provincial and
local level- would share power and responsibilities. However, the way
responsibilities are currently divided can sometimes be blurry and overlapping in
the domain of Local government (Malan.2012).

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 Community Involvement: Responsive governance necessitates including the
community. Many municipalities find this really challenging. Thus policies can be
created which truly are not representative of the needs and goals set forth by the
community. For instance, the e-tolling policy prescribed on Gauteng roads in 2013
sparked many controversies on its emergence. The system was always criticized
by TreasurerXP due to its high complexity, expensiveness, and improper
implementability as opined by TollfreeGP in 2011. While developing the e-tolling
policy, the government did not consult with the public (Munzhedzi,2020).

Moreover, there are examples of programs and strategic plans which had challenges
created by municipalities or to support them in providing services, the first one is
MUNICIPAL INFRASTRUCTURE GRANT (MIG) The MIG program seeks to assist
local governments in providing essential infrastructure. Unfortunately, due to
capacity challenges and bureaucratic red tapes, utilization of these funds has
remained elusive to most municipalities, and the last one is Integrated Development
Plans. IDPs are strategic plans developed by local governments to guide service
delivery and development. While politically very important, political interference and
lack of resources often render it impossible to implement IDPs (South African Cities
Network,2022).

7) Possible mechanisms and solutions to address the identified challenges


Many challenges prevent the local government from serving the community
effectively. This assignment investigates mechanisms and solutions for the identified
challenges, with the help of academic references. The identified challenges are
Capacity restrictions, Political interference, Poor administration and corruption, Lack
of coordination, and Community involvement.

a) Capacity restrictions
According to the South African Local Government Association, SALGA, the solution
to the identified problem of Capacity restriction is the implementation of training and
development programs for local government officials, while the possible mechanism
would be capacity-building programs. Capacity-building programs are important for
enhancing the competencies and skills of local government employees since most
municipalities lack the political will and resources to implement policies. Capacity

8
constraints result in backlogs in the delivery of municipal services (South African
Local Government Association SALGA,2023).

b) Political interference
The Constitution of the Republic of South Africa Act 108 of 1996, specifically Chapter
7, founded a solid local government system in the democratic state born after 1994.
Nevertheless, the politicization of the local bureaucracy was always going to be
expected. The Municipal Systems Act emphasizes the need for clear governance
frameworks that reduce political interference. The challenge identified may be
addressed through a mechanism or solution, which is political interference. The
solution is in enforcing policies that clearly define the roles and responsibilities of
political and administrative officials. The second mechanism that can diminish
Political Interference is by setting distinct governance frameworks (Municipal
Systems Act,2000).

c) Bad administration and corruption


As articulated by Transparency International, anti-corruption efforts can enhance
governance and act as a mechanism or solution to deal with poor administration and
corruption. Anti-corruption mechanisms may be able to hinder corrupt activities and
bad administration, stringent anti-corruption policies and transparency are the
response to such (Transparency International,2022).

d) Lack of Coordination
The possible mechanism and solution for the identified challenge of Lack of
Coordination. The Intergovernmental Relations Framework Act improves
coordination and cooperation between the different levels of government.
Intergovernmental relations frameworks are one possible mechanism, and the
establishment of regular channels of communication and cooperation between
different government agencies (Intergovernmental Relations Framework Act,2005)

e) Community involvement
According to research by the Institute for Democracy in South Africa, IDASA,
participatory governance can be an effective mechanism to address the identified
challenge of community involvement. In this model, especially the enhancement of

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public trust and accountability is possible. According to the Institute for Democracy in
South Africa, IDASA, the solution would lie in Community Forums and Promotion of
Public Involvement in decision-making processes. One of the possible mechanisms
is Participatory Governance.

8) Conclusion
Municipal administration depends on the policy-making process in the local
government. This is because one of the main reasons for local government is to offer
communities democratic and accountable governance in the area. It has set for itself
some of the goals it intends to achieve: maintaining a safe and healthy environment,
promoting social and economic development, and ensuring there is sustainable
service delivery. The local realm of government in South Africa is divided into three
categories: Metropolitan municipalities category A, which undertake large
metropolitan areas, and within those they have sole legislative and executive power.

District municipalities are category C and are situated in the rural regions. They
distribute resources amongst their constituent units and collaborate with the local
municipalities. Category B: Local municipalities – these share both legislative and
executive powers with those municipalities in Category C. The South African Local
Government Association represents interests of local government both at the
provincial and national level, lobbies for local interests, helps to develop policy
positions/solutions, advances intergovernmental relations, and provides solutions for
local government challenges.

The Provincial Government selects the most workable form of local government in
the light of local conditions, The National Government reinforces and enhances
municipal capacity, manages its own affairs, and ensures legislative harmony and
Complex intergovernmental relations, resource constraints, and capacity limitations
pose some challenges. Solutions are attained through strengthening stakeholder
collaboration, developing skills, and enhancing institutional capacity.

For enhancing municipal administration, The assignment recommends building up of


capacity among local officials, better coordination between SALGA and government
levels, encouraging public participation and transparency, and resource constraints

10
and political conditions must be addressed through creative management and
conflict resolution techniques.

References
1) Affairs, C. G. T., 2022. cogta.gov.za. [Online]
Available at: https://www.cogta.gov.za/index.php/2022/08/01/municipalities-in-
south-africa/
2) Africa, C. o. t. R. o. S., 1996. gov.za. [Online]
Available at: https://www.gov.za/documents/constitution/constitution-republic-
south-africa-1996-chapter-7-local-government-07-feb
3) Africa, U. o. S., 2022. studocu.com. [Online]
Available at: https://www.studocu.com/en-za/document/university-of-south-
africa/african-customary-law/types-of-municipalities-notes/54624738
4) Britannica, T. E. o. E., 2024. www.britannica.com. [Online]
Available at: https://www.britannica.com/topic/local-government
[Accessed 2024].
5) Dictionary, C., n.d. dictionary.cambridge.org. [Online]
Available at: https://dictionary.cambridge.org/dictionary/english/administrative
[Accessed 2024].
6) Dictionary, C., n.d. dictionary.cambridge.org. [Online]
Available at: https://dictionary.cambridge.org/dictionary/english/municipality
[Accessed 2024].
7) Dlanjwa, L., 2013. etd.uwc.ac.za/. [Online]
Available at:
https://etd.uwc.ac.za/xmlui/bitstream/handle/11394/3546/Dlanjwa_LLM_2013.p
df?sequence=1
8) Framework, N. P. D., 2020. www.gov.za/. [Online]
Available at:
https://www.gov.za/sites/default/files/gcis_document/202101/national-policy-
development-framework-2020.pdf
9) Government, S. A., n.d. gov.za. [Online]
Available at: https://www.gov.za/sites/default/files/gcis_document/201409/a13-
051.pdf
10) Institute, D. O., 2020. dullahomarinstitute. [Online]
Available at: https://dullahomarinstitute.org.za/multilevel-govt/local-government-

11
bulletin/archives/volume-15-issue-4-december-2020-1/factors-affecting-local-
governance
11) Malan, 2012. parliament.gov.za. [Online]
Available at: https://www.parliament.gov.za/storage/app/media/Pages/2022/19-
01-
2022_NCOP_Workshop_on_Cooperative_Governance_and_Intergovernmental_Relati
ons/further_reading/
Intergovernmental_relations_Revised_Policy_Approach_to_cooperative_governance
_by_L_P_Malan.pdf
12) Munzhedzi, 2020. journals.co.za. [Online]
Available at: https://journals.co.za/doi/pdf/10.10520/EJC-1ef2708982
13) Network, S. A. C., 2022. www.sacities.net. [Online]
Available at: https://www.sacities.net/wp-content/uploads/2022/04/S4-
Challenges-and-issues-facing-government.pdf
14) Njuo, O., 2014. repository.nwu.ac.za. [Online]
Available at: https://repository.nwu.ac.za/handle/10394/10692
15) Prinsloo, D., 2011. repository.up.ac.za. [Online]
Available at:
https://repository.up.ac.za/bitstream/handle/2263/29007/03chapter3.pdf?
sequence=4
16) SALGA., (. A. L. G. A., 2023. salga.org.za. [Online]
Available at: http://www.salga.org.za/
17) Schito, M., 2022. www.byarcadia.org. [Online]
Available at: https://www.byarcadia.org/post/public-policy-101-the-stages-of-the-
policy-process
[Accessed 2024].
18) Seopetsa, 2020. journals.co.za. [Online]
Available at: https://journals.co.za/doi/epdf/10.10520/ejc-educor-v4-n1-a8
19) team, T. D., 2019. Diligent. [Online]
Available at: https://www.diligent.com/resources/blog/the-importance-of-
effective-and-efficient-local-governments
[Accessed 2024].
20) wikipedia, 2019. en.wikipedia.org. [Online]
Available at:
https://en.wikipedia.org/wiki/South_African_Local_Government_Association

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