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1“RETHINKING LOCAL GOVERNMENT TRANSFORMATION: SPATIAL PLANNING, ROBUST GOVERNANCE AND SUSTAINABLE FINANCING AS TOOLS FOR DEVELOPMENTAL LOCAL GOVERNMENT “

SALGA RESEARCH COLLOQUIUMPROGRAMME

SALGA RESEARCH COLLOQUIUM

“RETHINKING LOCAL GOVERNMENT TRANSFORMATION: SPATIAL PLANNING, ROBUST GOVERNANCE AND SUSTAINABLE FINANCING AS TOOLS FOR DEVELOPMENTAL LOCAL GOVERNMENT “

SPONSORED BY

DATE: 28-29 MARCH 2018VENUE: CAPE SUN HOTEL, WESTERN CAPE

DRAFT PROGRAMME


2 “RETHINKING LOCAL GOVERNMENT TRANSFORMATION: SPATIAL PLANNING, ROBUST GOVERNANCE AND SUSTAINABLE FINANCING AS TOOLS FOR DEVELOPMENTAL LOCAL GOVERNMENT “

FOREWORD BYXOLILE GEORGE, CHIEF EXECUTIVE OFFICER

The South African Local Government Association (SALGA) continues to undertake its mandate of being the voice of local government in South Africa. Representing our members and ensuring that local government interests are protected continues to guide our vision and role in the intergovernmental system in our country. As the voice of local government, we pride ourselves in representing and protecting the sphere that is at the coalface of service delivery. As a nation, we are all obliged to ensure the success of local government, as municipal success translates to community success and thus the cumulative success of our country. It is for this reason that SALGA has now adopted a more hands on approach to support our members in ensuring that our most vulnerable citizens are adequately supported through improved service delivery.

Evidence based and methodological sound research should inform all policy advice and decisions taken by government. It is in this regard that SALGA seeks to strengthen its research capability though among others, collaboration with various research agencies. Many of the problems that face local government and the society at large are complex and thus require detailed analysis to find innovative solutions. The solutions emanating from our various pieces of research need to be able to translate into implementable “on the ground” solutions as opposed to abstract high-level concepts.



With this background, SALGA seeks to collaborate in undertaking research that makes stakeholders aware of some of the fundamental structural challenges being faced by local government and to collectively identify remedies to such challenges. The objectives of SALGA research are to assist stakeholders in local government with understanding the challenges and develop tangible solutions that can enhance the performance of individual municipalities and local government in general.

Let us partner in finding innovative ways of conducting research that will strengthen municipalities in pursuit of developmental local governance.

XOLILE GEORGECHIEF EXECUTIVE OFFICER



Day 1 – Tuesday, 27 March 201816:00 - 19:00 Registration, Meet and Greet

Day 2 – Wednesday, 28 March 2018Prof. Jaap de Visser - Dullah Omar Institute

08:00 - 09:00 Arrival, Welcome tea / coffee

09:00 - 09:15 Welcome Address – Prof.Tyrone Pretorius: Rector and Vice-Chancellor of the University of the Western Cape

09:15 - 09:35 Opening Remarks - SALGA CEO: Xolile George

09:35 - 10:00 Key note Address – Prof. Nico Steytler: Dullah Omar Institute

10:00 - 10:05 Signing of the MOU

10:05 - 10:15 Vodacom

10:15 - 10:30 Tea Break



BreakawayVENUE 1 VENUE 2

(S1) Sustainable, Inclusive Economic Growth & Spatial Transformation

Facilitator: Mbanga Sithole - South African Cities Network (SACN)

(S2) Sustainable, Inclusive Economic Growth & Spatial Transformation

Facilitator: Evan Huyssteen - Council for Scientific & Industrial Research (CSIR)

10:30 - 10:50

What does SA Law and policy say about the global pursuit of safe, sustainable, resilient and Inclusive Cities

Prof. Anel du Plessis - North West University

Positioning Integrated Development Plans at the Centre of the Cooperative Governance System

Dr. Dikgang & J Mahabir - University of Johannesburg

10:50 -11:10

Livelihoods Post-apartheid spatial inequality: Case studies form Ivory Park, Johannesburg of Enforced Informalisation of Micro Enterprises

Dr. Andrew Charman - Sustainable Livelihoods

Indicating Cohesion: What can local government measure to inform Social Cohesion Sensitivity

Tara Polzer Ngwato - Social Surveys SA

11:10 - 11:30

Measuring spatial transformation in South African cities

Claus Rabe - PDG Consulting

The real Baakens: A chronicle of the world bank partnership for growth intervention in Nelson Mandela Bay, South Africa

A Adams, A Bucher, C Felix, T Mabongo, D Mccarthy, G Taylor




11:30 - 12:00 Discussion Discussion

12:00 -13:00 Lunch break

(S3) Sustainable, Inclusive Economic Growth and Spatial Transformation

Facilitator: Martin Lewis - South African Council for Planners (SACPLAN)

(S4) Financial Sustainability of Local Government

Facilitator: Dr. Sutcliffe - LG Sector Education & Training Authority (LGSETA)

13:15 - 14:00

Incremental planning towards effective land use management in informal areas

Mfundo Dube & Zotha Zondo

Sustainable Municipal Finance and spatial transformation: understanding the relationship between space costs and municipal finance

Nick Graham - PDG Consulting

14:00 - 14:20

Addressing the shortcoming in the national building regulations to strengthen the role of local government in traditional areas

Mags Iyer - Umhlatuze Municipality

Assessing the Feasibility of Implementing a district collection agency in South Africa

Dr. Dikgang & J Mahabir - University of Johannesburg




14:20 - 14:40The state of anti-fraud and anti-corruption measures in South African Municipalities

Kevin Foster - PDG Consulting


15:10 -15:40 Tea Break

(S5) Financial Sustainability of Local Government

Facilitator: Chucheka Mhlongo - Development Bank of Southern Africa (DBSA)

(S6) Good Governance and Resilient Municipalities

Facilitator: Dr. Stephen Rule - Human Sciences Research Council (HSRC)

15:40 - 16:00

The costs of Community Protests on public infrastructure, the case of South African local government

Lungelwa Dlulisa - SALGA

An investigation of the Eastern Cape Provincial municipalities’ compliance to the financial management oversight prescripts, with particular reference to the functioning of MPACs.

Dr. N Myataza - Eastern Cape Provincial Legislature




16:00 - 16:20

Housing Delivery through PPP Model: A case of Cornubia Housing Programme in eThekwini Municipality

Ndwakhulu Tshishonga - University of KZN

Professionalization of local government management in South Africa

Phindile Ntliziywana - University of Cape Town

16:20 - 16:40Coalition Councils - 2000 to 2016: Origin, Composition and Impact on Local Governance

Prof. Mcebisi Ndletyana - University of Johannesburg


16:50 - 17:00 Closing Remarks

17:30 Cocktail Function



Day 3 – Thursday, 29 March 201Programme Director – Sabelo Gwala, KZN PEO

08:00 - 09:00 Tea/Coffee

09:00 - 10:10 Panel Discussion facilitated by: Joe Paradza - Southern African Asset Management Association (SAAMA)

The impact of climate change and associated disasters on infrastructure and municipal assets –What are the lessons from the water crisis?

• What are the lessons from the water crisis?

• How should government be responding

• Planning and Infrastructure issues to consider?

• Should we review of the current funding regime?

• How well have we managed the supply and demand for water?

• The role of key stakeholders

Dr. Msibi - Water Research Commission

Neswiswi Azwidohwi - Dept. of Water & Sanitation

Zolile Basholo - City of Cape Town

Dr. Johane Dikgang - University of Johannesburg

Manfred Braune - Green Building Council SA



Breakaway VENUE 1 VENUE 2(S7) Good Governance and Resilient Municipalities

Facilitator: Dr. Tinashe Chigwata - Dullah Omar Institute

(S10) Good Governance and Resilient Municipalities

Facilitator: Prof. Fanie Cloete - ASSADPAM

10:10-10:30

Closing the Gap: A review of public sector R&D investment in South Africa (2005-2015)

Nhlanhla Malaza, Zulu, Parker, Vlotman & Clayford

The nexus between a career and a job: Middle Manager narratives on the professionalization of local government

Prof. T Chinyamurindi - Fort Hare University

10:30 - 10:50

Migrating offline to online to ensure better service delivery in South African Local Government: The implementation of e- government and e-governance at the local government level.

Adv. Isaac Mokgopo - Limpopo University

Service delivery back to basics: What should happen after the ribbon is cut?

Prof. Kevin Wall - University of Pretoria

10:50 - 11:10

Strengthening oversight and accountability for effective, accountable and transparent leadership practices – the separation of powers challenge in Polokwane Municipality

Lehlogonolo Masoga - Polokwane Municipality

11:10 - 11:40 Discussion Discussion11:40 - 12:00 Tea Break



Breakaway VENUE 1 VENUE 2(S8) Good Governance and Resilient Municipalities

TBA

12:20-12:40Legal Pluralism and Effective Governance: The Power Struggle in Local Government

Adv. Kagiso Maphalle - High Court of SA

12:40-13:00

Modernising governance systems and processes through the use of digital technology and exploration of new models of interface with communities

Bev Russell - Social Surveys SA

13:00-13:20

The challenges faced by the municipal skills development facilitator in the planning and implementation of skills development interventions

Dr. HCA Cloete - University of Stellenbosch (SPL)

13:20- 13:50 Discussion

13:50- 14:10Key issues from the conference and the book project

Prof. Jaap de Visser - University of Western Cape

14:10- 14:30 Closing Remarks



SPEAKERS PROFILE



Xolile George, CEO of the South African Local Government Association (SALGA)

Xolile George is the CEO of the South African Local Government Association (SALGA). SALGA is an autonomous organisation mandated by the Constitution of the Republic of South Africa, which defines SALGA as a representative of local government. SALGA, with a membership of 257 municipalities nationally, interfaces with Parliament, Cabinet as well as Provincial Legislatures. Xolile’s experience in policy, legislation, systems and programme implementation at a local, provincial and national level spans 26 years and is supported by a robust academic background.

He holds an Honours Degree in Development Economics, an Executive MBA and several postgraduate diplomas and management certificates. Throughout his career, he has received numerous accolades in terms of leadership and achievements in successfully transforming various organisations including increased revenue, all financial ratios improved significantly and 9 consecutive unqualified audits, 5 consecutive clean audits and 4 Certificates of Excellence from the Auditor General of South Africa for financial turnaround at SALGA. Other recognitions: Boss of the year finalist 2013 on Leadership category, National Business Award finalist 2015 on Public Entity category and Business Leader category, SADC winner for CEO Titans Leadership award 2015 on Public Enterprise Category, Continental Winner for CEO on Public Enterprise Category 2016, Finalist on the 2017 Oliver Top Empowerment awards on the category of Public Sector leader of the year. Xolile George also serves on several boards locally and internationally.

Prof. Tyrone Pretorius, Rector and Vice-Chancellor of the University of the Western Cape.

Prof Tyrone Pretorius is currently the Rector and Vice-Chancellor of the University of the Western Cape. He was previously the Senior Deputy Vice-Chancellor (Academic) at the University of Pretoria responsible for Teaching and Learning, all faculties of the University, the Gordon Institute of Business Science, Resource Allocation and Institutional Planning.



Prior to his appointment at the University of Pretoria he was the Pro Vice-Chancellor of Monash South Africa, a campus of Monash University, Australia. Before joining Monash, he was Deputy Vice-Chancellor (Academic) at the University of the Western Cape (UWC) and spent 10 years as Dean of Community and Health Sciences at UWC.

With a background in psychology, he holds two doctorates, one from the University of the Western Cape and one from the University of the Free State. In addition he is a past fellow of the Yale University Southern Africa Fellowship Programme and also participated in the Oxford University Leadership programme.

In respect of professional associations, Prof Pretorius is a member of the European Association for Institutional Research, the Psychological Society of South Africa and currently serves as the Statistical Editor of the South African Journal of Psychology. In addition, he is a past member of the New York Academy of Science, The American Psychological Association, the International Liaison for the Division of Counselling Psychology of the American Psychological Association and Reviewer for several International Psychology and Social Science Journals.

Post 1994, Prof Pretorius held membership in several civil society structures such as the Prisoners After-Care League, Rural Support Network and Western Cape Mental Health Advisory Group. In addition, he chaired or was active in several structures that contributed to policy development in the new South African democracy, amongst others the Ministerial Committee on Mental Health and Substance Abuse, the Ministerial task team on Abuse and Malpractice in Psychiatric Institutions, the Economic Advisory Group of the Premier of the Northern Cape and the Statistics Council of South Africa.

Tyrone Pretorius has published extensively in respected national and international journals in the fields of career psychology, coping, stress, statistics and research methodology. In addition he has authored/co-authored a number of books, monographs and chapters in books. In 2001 he was recognized with a Lifetime Achievement Award by the Psychology Society for his contributions to the discipline in South Africa.



Prof Nico Steytler - Research Chair at Dullah Omar Institute

Nico Steytler is the South African Research Chair in Multilevel Government, Law and Policy the Dullah Omar Institute of Constitutional Law, Governance and Human Rights of the University of the Western Cape. He was a member of the Municipal Demarcation Board (2004-2014) and is a commissioner of the Financial and Fiscal Commission (2013-2018). He was the president of the International Association of Centre for Federal Studies (2010-2016). His research focuses on multilevel government and local government in South Africa, elsewhere in Africa, and further afield.

Tara Polzer Ngwato - Research Director of Social Surveys Africa

Tara Polzer Ngwato is Research Director of Social Surveys Africa, one of the region’s preeminent social research companies, based in Johannesburg, South Africa. She has seventeen years of experience conducting research on social development with focus areas in conflict transformation, migration and mining communities. Her prior experience includes being Head of Research for the Royal Bafokeng Administration, a traditionally governed near-mining community in South Africa. There she was responsible for providing empirical evidence for policy-making and impact assessment on a wide range of social development interventions. She also spent ten years as Senior Researcher at the University of the Witwatersrand in Johannesburg with the African Centre for Migration & Society researching and teaching postgraduate migration studies courses.

Prior to Wits, Polzer Ngwato worked with Transparency International and the GTZ. She has also consulted widely for South African, African and global organisations including UNHCR, UN OCHA and the IFRC. She has a particular interest in the effective communication of research findings and the use of research as a tool for achieving social transformation and informing strategic decision-making. Polzer Ngwato is widely published and holds a PhD and an MSc in Development Studies from the London School of Economics and Political Science and a BA in Social and Political Sciences from Cambridge University.



Zotha Zondo - Town Planner: City of uMhlathuze

A young man from Estcourt, a rural town in KZN who now finds himself in the burgeoning coastal city of Richards Bay. Zotha Zondo is a Town Planner from the City of uMhlathuze in Land Use Management Section under City Development Department. Having worked for uMthezi Municipality and eThekwini Metro Municipality, he has over 7 years of experience in local government. He currently holds a Bachelor’s Degree in Town and Regional Planning obtained from the University of Johannesburg and is also on the quest to complete his Master’s Degree in Sustainable Urban Planning and Development with the University of Johannesburg. His experience in the spectrum of planning entails the assessment and evaluation of development and land use applications, evaluation of building plans, providing professional advice to clients with regards to development and planning matters and preparation of concept and layout plan for proposed developments. His key interests lie in the promotion of inclusive and sustainable development with a strong focus on rural development and creation of smart cities.

Dr. Johane Dikgang – Director (PEERC)

Johane Dikgang is Director of the Public and Environmental Economics Research Centre (PEERC) in the Department of Economics and Econometrics at the University of Johannesburg. His research interests lie in the area of environmental valuation, nature-based tourism, energy, water, climate change, artigriculture, transport, land reform and environmental fiscal measures. Johane completed his Ph.D. at the University of Cape Town and his undergraduate studies at the Nelson Mandela Metropolitan University (formerly University of Port Elizabeth).

He took short courses at University of Catania (Italy), University of Gothenburg (Sweden), University of Antwerp (Belgium), University of Sydney (Australia) and University of Geneva (Switzerland). Johane is a member of the European Association of Environmental and Resource Economics (EAERE), Economic Society of South Africa (ESSA) and the Agricultural Economics Society.



Prof. Anél du Plessis - North-West University (NWU)

Anél du Plessis (BA Law, LLB, LLM, LLD) is Professor of Law at the North-West University (NWU), South Africa. She heads the LLM programme in Environmental Law and Governance as well as the subject group for Public Law. Anél lectures at the undergraduate and post-graduate levels in environmental law and local government law. Her research explores the interface between urban law, environmental law and the relevant governance frameworks.

The most recent of the research projects she is heading is a three-year engagement (2016-2018) with Humboldt University in Berlin, sponsored by the German Alexander von Humboldt Stiftung, with the focus on “Safe and Sustainable Cities”. She is an elected member of the SA Young Academy of Science, an NRF rated researcher and an alumnus of the DAAD, Fulbright and Alexander von Humboldt Scholarship programmes. She is member of the Executive Committee of the Environmental Law Association of South Africa and serves as assistant-editor of the open-access Potchefstroom Electronic Law Journal since

Bev Russell - Social Surveys CEO

Bev Russell is the CEO and founder of Social Surveys Africa. Social Surveys has been a leading development and policy research organisation for 30 years. Bev holds a post graduate degree in social sciences from the University of the Witwatersrand and has over 35 years research experience - both in the UK and Africa. She has published extensively, including co-authored five books, including the first of its kind study entitled “The Size and Scope of the Non-Profit Sector in South Africa.” Her advocacy publications include the results of the first nationally representative study on farm dweller evictions in South Africa and a series of three books based on a national education study design and a book concerning an extensive study on homophobia. The findings of each of the above studies were presented to the South African Parliament and had a direct impact on national policy.



Graham Taylor - Coega Development Corporation

Graham Taylor is the Spatial Development Manager for the Coega Development Corporation. He has a MA in Sociology from the University of Port Elizabeth and an MSc in Geographic Information Science from the University of London. After lecturing at Vista University, he joined the Provincial Government of the Eastern Cape where he was responsible for Nature Conservation, Environmental Impact Management and Environmental Policy. In 2005, he joined the Coega Development Corporation (CDC), operator of the Coega Special Economic Zone.

Adv. Tshehledi Isaac Mokgopo – Lecturer at University of Limpopo

Tshehledi Isaac Mokgopo is a lecturer at the University of Limpopo under the department of mercantile and labour law (School of law) lecturing Advanced Labour Law for final year students. His research interests lie in the area of local government, development law, public procurement, labour law, human rights and family law. Isaac completed postgraduate degree at the University of the Western Cape (LLM in Law, State and Multilevel government) and second LLM in (Development and Management Law) at the University of Limpopo. He is an admitted Advocate of the High Court of South Africa and he is currently practicing as such in various courts in the Limpopo Province. He is currently an LLD candidate at the university of Limpopo.

Dr. Tinashe Calton Chigwata - Post-doctoral fellow, Dullah Omar Institute

Tinashe Calton Chigwata is a post-doctoral fellow at the Applied Constitutional Studies Laboratory (ACSL) of the Dullah Omar Institute for Constitutional Law, Governance and Human Rights; University of the Western Cape. His research focuses on the role of provincial and local governments; decentralisation, federalism and multilevel governance, in particular, how these various instruments of organising a state can be used to advance development, deepen democracy and realise peace. He holds a Doctorate in Public Law from the University of the Western Cape. He is the author of the upcoming book titled ‘The law and policy of provincial and local government in Zimbabwe’.



Nhlanhla Malaza - Junior Researcher (HSRC)

Nhlanhla Malaza is Junior Researcher of the Centre for Science, Technology and Innovation Indicators (CeSTII) within the Human Sciences Research Council (HSRC). His research interests lie in the area of Research and Development, Informal Innovation, Human Resources, Human Settlement, Public health. Nhlanhla is a final year Masters’ student at the University of Kwa Zulu Natal (UKZN) and he completed his Honours studies at the University of Fort Hare (Alice).

He participated on various research activities within the HSRC: inter alia: Baseline Future Impact Evaluation of Informal Settlements; Department of Human Settlements: aim of study: To establish the current state of selected informal settlements and develop key indicators for use in the assessment and future evaluation of informal settlements. - Improvement of Maternal and Child morbidity and Mortality Surveillance System of South Africa; Centre for Disease Control.-Gauteng Provincial Legislature’s efficiency and effectiveness in meeting its constitutional mandate. ; Analysis of Non-Communicable-Diseases Prevention Policies in South Africa.

Dr. Stephen Rule - Research Director (RIA, HSRC)

Stephen Rule is Director of Research and Policy Impact in the Research Use and Impact Assessment (RIA) Programme of the Human Sciences Research Council (HSRC). He has extensive experience in the design and management of social and industry-related surveys and data analysis throughout Africa. He has managed quantitative and qualitative research on, and monitoring and evaluation of educational and developmental projects, and religious and political issues. He has served on the Boards of the South African Monitoring and Evaluation Association and the National Development Agency and is a member of the Society of South African Geographers. His previous positions have included independent research consulting; director of surveys at the HSRC; research director in the Ministry of Social Development; senior lecturer in urban and political geography at Vista University, Soweto (now part of UJ); and town planning researcher for Newcastle Municipality. His PhD (Wits University, 1996) comprised quantitative and qualitative analyses of electoral patterns in Zambia, Botswana, Zimbabwe and Namibia. He has authored reports, articles and books on a range of topics.



Prof. Tafadzwa Chinyamurindi – Associate Professor (UFH)

Prof Willie Tafadzwa Chinyamurindi is an NRF Rated Researcher (Y2) and an Associate Professor within the Department of Business Management at the University of Fort Hare. He also serves as the Research Niche Area Leader within the Faculty of Management and Commerce at the same university. His research interests broadly are within human capital development, career management and the use of qualitative methodology within the management sciences. Willie is also an avid user of technology within teaching practice. He has presented at local and international conferences. He also continues to publish in local and international journals.

He supervises honours, masters and PhD students at the University of Fort Hare, Durban University of Technology, Nelson Mandela University and also MANCOSA. He has presented over 30 conference papers at various local and international venues generated and over R800 000 in extra income that has helped fund student and his research projects. Willie received his PhD in 2012 in the United Kingdom with the Open University Business School in Milton Keynes. His PhD focussed on the use of narratives and stories in understanding the career development processes of previously disadvantaged individuals in South Africa. In his spare time, Willie is an avid photographer, blogger and cricketer. @chinyaz

Phindile Ntliziywana – Lecturer (UCT)

Phindile Ntliziywana is a lecturer of public law and teaches in the areas of Constitutional Law, Local Government Law, Administrative Law and Interpretation of Statutes. He holds LLB and LLM degrees from the University of the Western Cape. He also holds a Diploma in Federalism from the University of Fribourg, Switzerland. He has worked as a researcher attached to the Community Law Centre at UWC. Some of his more recent and forthcoming publications include the following:

• Chirwa, D.M. and Ntliziywana, P. (2017) ‘Political Parties and their Capacity to Provide Parliamentary Oversight’ in H. Thuynsma et al (eds) Political Parties in South Africa: Do they Underpin or Undermine Democracy? (Forthcoming).



• Ntliziywana, P. (2016) Adding Injury to Insult: Intrusive Laws on Top of a Weak System. Constitutional Court Review, VI: 32 – 56.

• Ntliziywana, P and Powell, D (2015) ‘South Africa Inc.’: The Rise of the Developmental State and the Corporatization of Intergovernmental Relations’ in F Palermo & E Alber (eds) Federalism as decision-making: changes in structures, procedures and policies. BRILL/NIJHOFF: Netherlands.

• Ntliziywana, P and Ayele, Z. (2015) ‘Inclusion of Marginalised Groups through Devolution in South Africa’ in N. Steytler and Y. Pal Ghai (eds) Kenyan-South African Dialogue on Devolution. Juta: Kenya.

• Powell, D. and Ntliziywana, P (2015) ‘Implementing Provincial and Local Government in Post-Apartheid South African’ in N. Steytler and Y. Pal Ghai (eds) Kenyan-South African Dialogue on Devolution. Juta: Kenya.

Dr. Mcebisi Ndletyana. University of Johannesburg

Mcebisi Ndletyana is the head of Political Economy Faculty at Mapungubwe Institute for Strategic Reflection (MISTRA). Before joining MISTRA, Dr Ndletyana held research positions at various institutions including the Human Science Research Council (HSRC) in Pretoria, the Centre for Policy Studies (CPS) at Doornfontein and at the Steve Biko Foundation in Braamfontein. Dr Ndletyana has also held lecturing positions at the Marrymount College (New York) and the City University of New York’s Hunter College. He holds a PhD in Political Science from the University of the Witwatersrand, Johannesburg. Dr Ndletyana’s academic and research interests include the history of African Intellectualism, memory and identity, nationalism and electoral politics



Nick Graham - Managing Director, PDG

Nick Graham is the Managing Director at PDG. He is an urban geographer and civil engineer and is responsible for the Urban Systems Practice Area. He undertakes infrastructure investment planning and financial modelling for local and national government initiatives. His particular interest is urban systems modelling and policy for city efficiency and fiscal impact. He has public sector experience in the housing, water, sanitation, solid waste, and transport and energy sectors.

Nick has undergraduate and master’s degrees in civil engineering from the University of Cape Town and master’s degrees in environmental policy and urban geography from Oxford University. Nick is a registered professional engineer with the Engineering Council of South Africa (ECSA) and is a member of the South African Association of Civil Engineers (SAICE) and the Institute of Municipal Engineers in South Africa (IMESA)

Kevin Foster - Associate, PDG

Kevin Foster is a PDG Associate and independent research consultant. His work with PDG has included working on multiple projects for CoGTA and SALGA in intergovernmental relations and governance as well as multiple evaluations for DPME and other government departments. With PDG, he undertakes research projects covering a wide ranges of themes public participation, local government administration, water and sanitation financing, human settlements and municipal environmental sustainability. As an independent consultant, Kevin works on projects in public participation, with Grassroot, on other local government related issues, and political analysis.

Kevin has a master’s degree in Public Policy and Administration and an undergraduate degree in Politics, Philosophy and Economics both from the University of Cape Town (UCT)



Lungelwa Dlulisa - SALGA Researcher

Currently employed as a Researcher in SALGA, Lungelwa’s research interests lie in the areas of municipal finance, spatial planning, intergovernmental relations and governance. With over 16 years of extensive experience in public sector, she possesses strong public finance background and knowledge of the relevant & applicable legislation to the public sector especially local government. She has worked for various Provincial Treasuries, Department of Justice and the Department of Health.

She completed her Master’s degree in Public Administration from the University of Stellenbosch and her undergraduate studies at the Walter Sisulu University of Technology (formerly known as Border Technikon). In 2017, she recently completed a Post Graduate Diploma from the University of Chile and took various short courses at Universities of Pretoria, Stellenbosch and Free State on Fiscal Decentralisation, Public Sector Budgeting, Monitoring and Evaluation between 2006 and 2009.

Joe Paradza - Vice President of the Southern African Asset Management Association (SAAMA)

Joe Paradza is a Council Member of SAAMA and was elected Vice President of the association for 2017-2019. He is an Associate Director at Combined Systems, an EOH company and has provided advisory services to municipalities and asset intensive organisations in the Water and Energy sectors in the region as a management consultant for many years. A former Associate Director at PwC, with responsibilities for Asset Optimisation, Joe has undertaken Enterprise Asset Management, Strategy, Technology and Performance Improvement assignments in South Africa and the broader African environment for a diverse range of clients, including power utilities, water utilities, municipalities and companies in mining, oil & gas, manufacturing and infrastructure provisioning.

Joe’s interests are focused on promoting asset management and its role in the socio-economic development of the African continent. Academically he has BSc Engineering Honours (Mechanical), an MSc Engineering (Industrial), as well as an MBA



Prof. Jaap de Visser - Director, Dullah Omar Institute.

Jaap de Visser assumed office as Director of the Dullah Omar Institute in 2013 and has been associated with the Institute since 1998. In 2015, he spearheaded the conversion and renaming of the Community Law Centre into the Dullah Omar Institute for Constitutional Law, Governance and Human Rights.

He is a B2-rated scholar with South Africa’s National Research Foundation and co-author of Local Government Law of South Africa. His research, teaching and consulting focuses on multilevel government, local government, good governance and federalism in Africa and he has published widely on these topics. He has overseen and conducted postgraduate and contract research on multilevel government in South Africa, Uganda, Zimbabwe, Ethiopia, Tanzania, Lesotho and Kenya. With Prof Nico Steytler, he convenes the Masters in Law, State & Multilevel Government.

Dr. Mandlenkosi Msibi - Group Executive: Innovation & Impact

Dr Mandla Msibi is an Environmental (Pollution) Scientist with PhD in Environmental Chemistry from the University of Birmingham, UK, and an MBA from the University of Pretoria. Mandla has over 20 years’ experience as a Researcher, Research Manager, Knowledge Manager, Innovation and Technology Transfer Executive. He has worked both within the water sector and within the Academic Research Environment. In the last 2 institutions, where Mandla worked recently, he achieved remarkable results and raised the bar for the institutions. Mandla’s main focus at the WRC is to ensure that the exceptional research outputs produced by the water sector are taken to application for economic development and job creation.

“Every South African deserves enough clean and safe water; we will achieve this by supporting the advancement (or promotion) and use of innovative technologies and solutions to develop new products, services and change practice so that we can meet current and future



challenges and seize opportunities for economic development and job creation in the water sector, and aggressively communicate this position”.

Dr. Harlan Cloete - Lecturer at University Stellenbosch (SPL)

Dr Harlan Cloete is a former high school teacher and town councillor. He is an extraordinary lecturer at the School of Public Leadership at Stellenbosch University (SU). Academically he is well set and holds a PhD (SU), MPA (Magister in Public Administration) (SU), Honours B (SU), Honours B (UWC), Higher Diploma in Education (UWC), Certificates in Human Resource Management (Unisa) and Journalism (CPUT). He has successfully led various diverse assignments in the Public and Private Sectors, for amongst other, municipalities and other organs of state, South African Wine Industry Trust, Local Government SETA, to name but a few.

He led the SPL team of researchers that conducted the 2016 LGSETA research on the “The Challenges faced by the Municipal Skills Development Facilitator in the Planning and Implementation of Skills Development Interventions”. His most recent assignment for the LG Seta (2018) included designing and rolling out a national capacity building course for skills development facilitators in local government called, HRD for good municipal governance.

Dr Cloete with Prof Uys are the recipients of the 2017 best academic paper delivered at the conference of the Association of Southern African Schools and Departments of Public Administration and Management (ASSADPAM). The topic of their paper was: “A collaborative approach for the management of human resource development in local government.



Claus Rabe - PDG

Claus is an urban policy analyst recognised for advancing evidence-based spatial, economic and infrastructure planning and policymaking in South Africa. He has worked across all sectors and spheres where policy is being developed and implemented: from rural municipalities to the Presidency, from local non-profits and academia to international development agencies and development finance institutions in South Africa and beyond.

As principal planner at the City of Cape Town, Claus was awarded the National Planning Prize for his ground-breaking work on data-driven urban economic diagnostics, identified by National Treasury as best practice. Claus also led a team of planners, engineers and municipal finance experts in the development of a spatially intelligent long-term infrastructure costing tool for Cape Town. Claus is currently part of a World Bank-led initiative to develop a land use-transport interaction model which, for the first time, simulates informal housing processes. He holds majors in Economics, Decision-making and Political Science from Stellenbosch, a Masters in City and Regional Planning from the University of Cape Town, and – as an Ernest Oppenheimer scholar – a distinction from the Berlin University of Technology for his work on applying epidemiology to violence prevention. He lectures regularly to postgraduates and professionals on urban economics and public sector innovation.

Mfundo Dube - Professional Planner

Born and bred in the City of uMhlathuze (CoU), Mfundo Dube is a Town Planner in the Land Use Management Section (Department of City Development) at the CoU. Having worked in local government in both the Eastern Cape and KwaZulu Natal he brings combined planning knowledge and experience from the two provinces. At a young age he has completed his Masters in Town & Regional Planning at the University of Pretoria (UP) and his undergraduate studies at the Durban University of Technology (DUT).



Mfundo is a registered professional planner with the South African Council for Planners (SACPLAN). His academic and career interests lie in strategic planning; sustainable land use and spatial planning and; policy development.

Prof. Fanie Cloete - Emeritus Professor in Public Management and Governance, Univesity of Johannesburg

Fanie Cloete (LLB, MA, DPhil) taught Policy Analysis and Management in the Department of Public Management and Governance at the University of Johannesburg as well as at the School of Public Leadership at the University of Stellenbosch. He is also a former Associate Dean of the Faculty of Economic and Management Sciences and a former Chief Director of Constitutional Planning and Legal Services in government.

He is further inter alia the former Chair of the Western Cape Local Government Demarcation Board, a former member of the Presidential Review Commission on the Restructuring of the Public Service in South Africa, a former chair of the South African Monitoring and Evaluation Association (SAMEA) and a policy management and institutional transformation consultant.

He currently works on the impact of technology on public policy management outputs, outcomes and capacity-building, as well as on the improvement of public sector policy design, implementation, monitoring and evaluation practices and outcomes



Adv. Kagiso A. Maphalle - High Court of South Africa

Kagiso A. Maphalle is a Ph.D. candidate in the Department of Private Law under the Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town. She is an Advocate of the High Court of South Africa, and a legal and cultural anthropologist. She has worked for the Commission for Gender Equality, NRF Chair in Customary Law, Indigenous Values and Human Rights, Centre for Law and Society, University of the Western Cape and the Parliamentary Monitoring Group. She holds an LLB degree from the University of Venda and an MPhil with Specialisation in African Customary Law and Women’s Rights from the University of Cape Town. She is a Research Consultant for Customary Law Projects in the SADC region. She is also the founder of the Kagiso Maphalle Foundation which empowers rural communities through educational workshops on human rights and customary law. She is a member of the International Commission on Legal Pluralism, Social Scientist Research Network, Rutgers Institute of Women’s Studies, International Society for Third-Sector Research, African Law and Society, African Studies Association of Africa, the Human Development and Capability Association, and the African Studies Association. She has a blog called Life of a Researcher where she writes about her experiences in the field of customary law. Her research interests are in customary law, legal pluralism, gender law, succession and inheritance rights, women’s rights, child rights, human rights and development.

Dr. Andrew Charman - Director of the Sustainable Livelihoods Foundation

Andrew Charman is a specialist research, advisory and policy engagement organisation. He trained as a sociologist and development economist, studying at the University of Cape Town and Cambridge University where he obtain a PhD. Andrew has worked across the Southern African region on addressing development challenges in a broad range of contexts, both rural and urban. His current work focuses on influencing public policy towards the township economy and informal micro-enterprises. This work seeks to shift government policy away from the emphasis on controlling micro-enterprises/restricting activities towards a more enabling policy framework to foster formalisation and growth through a development approach. A central aspect of this agenda is to argue for the reduction in regulatory barriers and the



need to address structural impediments, notably making land available for small businesses. Andrew has published research on a range of topics relating to the township economy in South Africa, including competition in the grocery retail sector, the economics and politics of liquor trading, enterprise change in space and time, land related constraints and street trader dynamics. In recognition of his expertise as a development practitioner, Andrew received in 2016 a prestigious Rockefeller Foundation residency to the Bellagio Centre in Italy.

Prof. Kevin Wall

Kevin Wall, until 2014 a Built Environment Fellow of the Council for Scientific and Industrial Research (CSIR) of South Africa, but now freelancing, is a registered professional civil engineer and town planner.

He is an Extraordinary Professor in the Department of Construction Economics at the University of Pretoria, a non-executive board member of the Ekurhuleni Water Care Company (ERWAT), and an appointee of the Minister of Higher Education and Training to the Council of the King Hintsa Technical Vocational Education and Training (TVET) College in the Eastern Cape. He is also a Fellow of the South African Academy of Engineering and a Past President of the South African Institution of Civil Engineering (SAICE). In 2017 he received the civil engineering profession’s highest recognition, the SAICE Gold Medal, becoming one of only 22 persons ever to receive this award in the 70 years since it was instituted.

Much of his work over the past decade has been on effectiveness of government spending on infrastructure, and ways to improve the quality, reliability and sustainability of that infrastructure. The condition of infrastructure, and infrastructure asset management, have been particular interests. In this regard he inter alia (a) drafted for Cabinet the National Infrastructure Maintenance Strategy; (b) led the team which formulated the first National Water Services Infrastructure Asset Management Strategy for the then Department of Water Affairs and Forestry;(c) led the research team for, and (d) co-authored the main report of, all three (2006, 2011 and 2017) SAICE/CSIR national report cards on the condition of South African infrastructure.



Masoga Lehlogonolo - Polokwane Municipality

Masoga Lehlogonolo is a graduate student with the University of Witwatersrand with a Master’s Degree in Management under the topic ‘The separation of powers in the Polokwane Municipality’. He’s got sixteen years’ experience in the public service seven of which were served in the provincial legislature as a member. He also served although for a short time in the provincial executive council responsible for Roads and Transport.

Mr Masoga is currently serving as the Deputy Speaker of the Limpopo Legislature since 2014. Academically he holds a National Diploma in Human Resources Management - Tshwane University of Technology, B-Tech in Human Resources Management - UNISA, Master of Development Studies - University of Limpopo and MSc of Leadership and Change - Leeds Beckett University, UK. He is currently a registered student with the University of Limpopo pursing a Doctor of Administration.

Mageshnee Iyer - Plan Examiner at Umhlatuze Municipality

Mags Iyer is a Plan Examiner in the Building Inspectorate sub-section of Land Use Management in City Development Department at the City of uMhlathuze Municipality. She has an accumulative experience of 25 years in the Built Environment sector, 16 of which was gained from municipal service and 9 from private practice.

Areas of competence include:

• The scrutinizing of all building plans to ensure laid down specifications, standards, statutory requirements and controlling prescriptions prior to the processing and approval thereof; and



• The provision of technical advice and assistance to developers, architectural professionals and engineers regarding building details and legal requirements.

She studied Architectural Technology at the Durban University of Technology and Real Estate Property Valuation at the University of South Africa.

Dr. Nkosiphendule Mlamli Myataza - Researcher (Eastern Cape Provincial Legislature)

Nkosiphendule Myataza is a researcher attached to the Portfolio Committee on Finance and Provincial Expenditure in the Eastern Cape Provincial Legislature. He provides reactive research as well as focused intervention research services to the Committee to enhance oversight, law making and public participation.

He has directed studies on the Eastern Cape Provincial Procurement Price Index, Centralised Electronic database and supplier payments and the Provincial department’s compliance to budgeting processes. Nkosiphendule completed his Doctorate in Administration at the University of Fort Hare and also holds a MBA degree from the Milpark Business School (formerly Thames Valley University programme).

Nkosiphendule also holds a science background through which he has served at various institutions of higher learning, on a temporary basis; with Walter Sisulu University (formerly UNITRA), UNISA and the Nelson Mandela Metropolitan University (formerly University of Port Elizabeth).



Dr. Michael Sutcliffe - LGSETA Chairperson

Dr. Michael Sutcliffe is, a founding partner of City Insight (Pty) Ltd. He earned an M. Sc. degree from the University of Natal and a PhD degree from Ohio State University. Until his contract ended on 31 December 2011 he was, for over 9 years, the City Manager of eThekwini metropolitan municipality He was previously appointed by President Mandela to chair the Municipal Demarcation Board which redrew the boundaries for municipalities. He has also been as a Member of the KZN Provincial Legislature. Director of Public Affairs at the University of Durban Westville and Associate Professor: Town and Regional Planning: University of Natal.

Dr. Sutcliffe was integrally involved in the transition process from an undemocratic, racist South Africa to a free and democratic state. Over the past 30 years, Dr. Sutcliffe has acted as a consultant to a wide range of local and international organizations and continues to serve as a board member of a number of developmental organizations. During this period he has written over 500 articles and reports on a wide range of issues, from demarcation and delimitation issues to urbanization, economic analysis and analyzing political trends. He continues to research local government in South Africa and was appointed in 2015 by the Minister of Higher Education to serve as the Chairperson of the Local Government Skills and Education (LGSETA).

Ndwakhulu Tshishonga - University of Kwa-Zulu Natal

Ndwakhulu Tshishonga holds a BA, BA (Hons) in Development Studies (UNISA); an MA in Applied Anthropology (Goldsmith College, University of London), MM in Public Development and Management (WITS) and MPA-Public Administration (UWC), Advanced Diploma (UWC-Adult Education) and Social Reconstruction and Development Certificate (SADEP-UWC).

His interests are in citizenship and local government and local governance, Intergovernmental Relations, Social Movements and Protests, etc. His teaching interests range from Alternative Models of Development, Project Management and Development Planning to Micro



Level Strategies in Economic Community Development, Co-operatives. His current research is on Intergenerational poverty, Inclusive and Exclusive Citizenship and Local Governance, Youth and Gender development as well as poverty issues and food security, politics of service delivery & social movements, Indigenous knowledge systems. His research output entails scholarly conference presentations and publication in journals such as Journal of Public Administration, Agenda, African Journal of Public Affairs, and Journal of African & Asian Local Government Studies. He has published more than 20 book chapters and journal papers nationally and internationally.



ABSTRACTS



POST-APARTHEID SPATIAL INEQUALITY: CASE STUDIES FROM IVORY PARK, JOHANNESBURG, OF ENFORCED INFORMALISATION OF MICRO-ENTERPRISES.

Author: Andrew Charman, Sustainable Livelihoods Foundation ([email protected])

Theme 1: Sustainable, Inclusive Economic Growth and Spatial Transformation

ABSTRACT

The right to use land as well as restrictions on land use have been decisive in shaping South African cities. Land management influenced the social, spatial and economic project of apartheid. The current challenge is to address the burden of spatial injustice whilst being transformative and enabling productive opportunities, specifically the poor who now occupy the inherited apartheid landscape.

The paper will detail evidence to support the case for urban land system reform. Through 11 case studies in Ivory Park, we investigated land-related enterprise constraints in specific case contexts that nevertheless reflect a wider reality. The cases provide evidence of the various ways in which informal land use presents both an opportunity for developing businesses, but simultaneously poses a substantial constraint for those enterprises that seek to formalise and operate legitimately.

From the perspective of opportunity, we argue that informal land use systems enable residents and micro-entrepreneurs to realise their ‘rights’ for residency and economic opportunities in post-apartheid cities. Our cases provide examples of how, under conditions of secure tenure, land use has been optimised. Whilst typically non-compliant with land use zoning, municipal by-laws and building regulations, the manner in land is used is often bound to social processes of regulation. From the constraints perspective, informal land use systems prevent township micro-entrepreneurs from translating their economic rights into institutional rights as conveyed through licences and other forms of regulation and opportunities. We refer to this process as ‘enforced informalisation’. This process prevents property owners from raising



capital for business investment from formal institutions in situations where they do not hold a legally secure title and where the business related buildings are non-compliant with municipal land use regulations.

The paper will argues that enterprise formalisation and land use systems are desirable goals, though both systems are currently highly inflexible. We therefore argue for revising and reforming institutional systems to enable greater fluidity and flexibility towards micro-enterprises, though maintaining regulatory pressure on business activities. The cases find evidence of compliance-driven investments which materially improve the business and facilities for children (such as shaded play areas) and bar patrons (toilets), as two examples. Such investments might not have arisen had the entrepreneurs not sought to position their businesses in compliance with regulatory standards.

SERVICE DELIVERY BACK TO BASICS: WHAT SHOULD HAPPEN AFTER THE RIBBON IS CUT?

Author: Kevin Wall, Extraordinary Prof, Department of Construction Economics, University of Pretoria, Hatfield 0028; 082-459-3618; [email protected]

Keywords: service delivery, maintenance, infrastructure condition, infrastructure asset management.

ABSTRACT

Well-maintained infrastructure (such as water, sanitation, roads, electricity, solid waste, schools, hospitals and clinics) underpins quality of life and economic development. If its maintenance is inadequate, social and economic growth will be impeded, and goals of sustainable, inclusive economic growth and spatial transformation will be undermined. “Delivery” is not achieved by the installation of infrastructure – for



example, a pipe laid on the ground. “Delivery” is water coming from that pipe 24/7 clean, fresh and pure, and at the right pressure – for the next 50 years! To achieve this requires sound operation and maintenance – this is basic to service delivery.

Innumerable reports have described the state of repair of (condition of) South Africa’s infrastructure. Many municipalities produce these for all or part of their infrastructure – e.g. on the condition of their roads. At national level, reports, for their respective sectors, are issued from time to time by Department of Health, Department of Transport, and Department of Water and Sanitation, among others.

In 2006 the South African Institution of Civil Engineering (SAICE), in partnership with the Council for Scientific and Industrial Research (CSIR), released a “report card” assessment of the condition of a wide range of sectors of public engineering infrastructure. The purpose of this was to draw the attention of government, and of the public at large, to factors underlying the condition of infrastructure, and to the importance of maintenance. The CSIR and SAICE brought the next report card out in 2011, and the third was released late in 2017. A section of the proposed paper deals with the results of the 2017 report card, and also the trends in infrastructure condition observed 2006 through 2011 through 2017.

How infrastructure gets to be in the condition it is can be a long story, involving many stakeholders and factors. Thus another section of the paper describes the most common determinants of condition. It then briefly describes the basic elements which must be part of sustained service delivery – for example the staff, the management, and of course the finances. Finally, the paper discusses what can or should be done to improve infrastructure condition, and pleads for more maintenance to be undertaken, particularly of basic infrastructure which serves our people – also it is argued that in maintenance programmes lie immense potential to create and sustain jobs.



ASSESSING THE FEASIBILITY OF IMPLEMENTING A DISTRICT COLLECTION AGENCY IN SOUTH AFRICA

Authors: Johane Dikgang, Public and Environmental Research Centre, University of Johannesburg & Jugal Mahabir, Public and Environmental Research Centre, University of Johannesburg

Keywords: State and local taxation and revenue, public administration, JEL Codes: H71, H83

ABSTRACT

Municipal consumer debt poses a potential challenge that threatens the fiscal and financial position of municipalities and can ultimately impact on the sustainable delivery of services. Since 2004, debt owed to South African local government has increased progressively in real terms, amounting to over R100 billion in 2017. The severity of this situation culminated in several municipalities being unable to meet their credit obligation for bulk purchases for electricity and water due primarily to an inability of recovering revenue owed to them by their consumers. The current trends raise major concerns around the long-term sustainability of local government and service delivery to communities.

One of the key constraints faced by many municipalities is poor credit control systems that results in the inability to effectively collect revenues. Furthermore, the costs of revenue management for certain types of municipalities are high and can counter the benefits from revenues collected. This is most apparent in smaller or rural municipalities, where they do not have the electricity and water function to use as a lever to induce payment and subsequent legal steps to recover debt are too expensive.

In such instances, arguments for a shared services model that pools the capacity of several municipalities and the associated costs becomes feasible. This includes the possibility of centralising or developing a shared revenue management and credit control system. One of the possibilities of implementing such a model is to consider a district level multijurisdictional revenue collection agency. The establishment of such agencies can form the precursor for the consideration of a national collection agency.



The use of a revenue collection agency is possible through existing legislation. However, there are likely to be several structural, legal and practical considerations that will arise when considering the development of such district based agencies. In addition, the cost and benefits of having such an agency contrasted with current practices is largely unknown. Even if such agencies are deemed more effective or efficient than current municipal revenue collection practices, there are likely to be even more efficiency and effectiveness consideration around the placement or jurisdiction of such entities.

This paper assesses the practicality and feasibility of the implementation of local government revenue collection agencies in South Africa, using a cost/benefit analytical approach. The study will use the Uthukela district municipality and its local municipalities as a case study to apply this analysis.

POSITIONING INTEGRATED DEVELOPMENT PLANS AT THE CENTRE OF THE COOPERATIVE GOVERNANCE SYSTEM

Authors: Johane Dikgang, Public and Environmental Research Centre, University of Johannesburg & Jugal Mahabir, Public and Environmental Research Centre, University of Johannesburg

Keywords: Intergovernmental relations, Regional development planning and policy, panel data models, JEL Codes: H77, R58, C23

ABSTRACT

Economic or developmental planning is a long-term process that expresses a developmental vision and goals for a country or area and articulates a coherent set of strategies to mobilise resources to accomplish these goals. In modern societies characterised by decentralised government policy and fiscal powers, the developmental planning process is sometimes top-down while implementation processes are bottom up.



As part of South Africa’s three-sphere system of governance, local government has a key role to play in the economic and social development of the communities within its jurisdiction. The Constitution of the country emphasises the developmental role of local government within the wider national developmental agenda. In order to ensure that long term community development planning materialises, the system of Integrated Development Planning (IDP) was introduced as the primary tool used by local government to fulfil its developmental mandate.

In theory, the IDP is the first line of implementation of national government’s developmental plan and policies, given the community and regional focus of municipal developmental objectives. Therefore, municipalities need to ensure that their IDP processes are credible, implementable, funded and linked to the greater developmental agenda of national, provincial and local government. However, over the years, questions have been raised as to whether all municipalities, given their different capacities and development challenges, are able to deliver on the objectives as set out in the Constitution and the White Paper on Local Government.

While there have been several initiatives and interventions by national government to address some of the shortcomings in the IDP formulation process, it is still uncertain as to whether the IDP has and continues to play an enabling role in the developmental agenda of the country. This paper assesses whether the IDP process has played a key role in promoting and achieving local economic development in line with national development plans and priorities. The analysis will include a critical review of the IDP process, including an assessment of procedural shortcomings of the process and whether the IDP goals are achievable and measureable.

The paper uses a combination of various qualitative and quantitative methods. This includes the development of an IDP Effectiveness Evaluation Matrix that assesses the effectiveness of the IDP process and content against a set of criteria. This matrix will be applied to a couple of case study municipalities. In addition, a panel data analysis will be undertaken to ascertain the success of the IDP in achieving predetermined social and economic objectives.



AN INVESTIGATION OF THE EASTERN CAPE PROVINCIAL MUNICIPALITIES’ COMPLIANCE TO THE FINANCIAL MANAGEMENT OVERSIGHT PRESCRIPTS, WITH PARTICULAR REFERENCE TO THE FUNCTIONING OF MPACS.

Authors: Nkosiphendule Myataza (Dr), Researcher|Portfolio Committee on Finance and Provincial Expenditure:Eastern Cape Provincial Legislature. Tel: +27 40 609 1551 Cell: +27 82 7799 048, E-mail: [email protected]

ABSTRACT

Section 79 of the Municipal Structures Act (MSA) provides for the establishment of committees of the Council reporting directly to the council, and that the terms of reference of such committees are developed by the councils. Such committees, because of their direct reporting lines to the full council, are best suited to do oversight in the municipality, general oversight over both the administrative and executive arms of the municipality. It is against this background and some other sections the MSA and section 129 of the MFMA that SALGA, as well as National Treasury and COGTA, promoted the establishment and effective functioning of MPACs.

In the AGSA-Eastern Cape General report on the audit outcomes of local government, 2012/13, the Auditor-General observed that “The regression in governance can be attributed to the lack of staff with the necessary skills and competencies in the internal audit units. In addition, in cases where the governance structures did have the necessary skills, the municipalities did not take these structures seriously and did not implement their recommendations. As a result, these units could not adequately perform their functions. Furthermore, other governance structure such as MPACs could not execute their duties, as the information supplied to them was not credible”

The above observation by the A-G prompted this research which focussed on the adherence to Section 165 of the MFMA as well as challenges faced by municipalities in compliance to the section. The Internal Audit environment was also explored.



The extent of the use of MPACs in enhancing oversight in municipalities through scrutiny of compliance with legislation in particular section 62(1) a-e of the MFMA and an assessment of the support provided by the Provincial Treasury, COGTA and other Departments & agencies with respect to financial management in municipalities was also carried out during this investigation.

Several recommendations were proposed to some of the findings, these findings included the absence of expert support for the MPACs.

Non-adherence to audit action plans, non-representation of Internal Audit units at senior management level as well as control weaknesses which result in non-material findings being ignored and these findings then escalating to become material findings are some of the findings relating to the internal audit environment of municipalities.

PARTNERING FOR GROWTH IN SOUTH AFRICA: A CASE STUDY IN NELSON MANDELA BAY

Authors: Ashraf Adam , Amelia Buchner , Clive Felix , Tembelani Mabongo , Dawn McCarthy , Graham Taylor , Carli Bunding-Venter, Enquiries and comments on this article can be directed to [email protected]

ABSTRACT The National Treasury Cities Support Program (CSP) delivers support and technical assistance to South Africa’s eight (8) metropolitan municipalities. Using the World Bank’s Competitive Cities program as a foundation, “Partnering for Growth”, was launched in Nelson Mandela Bay (NMB) to assist the City in implementing tangible projects that could enhance their city’s competitiveness.



Collaborations and partnerships have emerged globally as the preferred approach for governments facing intractable societal challenges. Within South Africa, the failure of Local Economic Development (LED) to live up to expectations is being attributed to the inability to forge meaningful and productive partnerships across sectors (public, private, civic society, and academia).

Through a series of carefully planned workshops the Partnerships for Growth program introduced participants to the tools and techniques for fostering collaboration and partnerships for growth. The Waterfront and Baakens precinct, a catalytic project within the NMB Integrated Development Plan, was a subject of the intervention and the “Real Baakens” group interacted to address stuck issues. The Real Baakens group placed a focus on doing the obvious, stretching towards what was immediately possible. The team focussed on storm water, sewage, waste management, transportation and events management, looking to facilitate movement on projects by focussing on obvious issues. Simple walks by executive management of the NMB municipality (NMBM) led to people starting to communicate to solve problems across the rigid confines of organizational and institutional silos.

A Story Map, combining narrative text, images and multi-media content on an authoritative map using ESRI technology was developed to communicate a vision of a broader Baakens catchment which connected isolated initiatives into a story of integrated attractions, urban mobility and a broad spectrum of recreational activities. The Real Baakens experience supports the conclusions drawn by Cloete (2015) on the value of partnerships and partnering in economic development. A key factor in the success of the unfolding process of partnering, has been the underpinning provided by the framework of stretch collaboration as elaborated by Kahane (2017b). The emphasis on addressing stuck issues through collaboration and small steps proved to be a key determinant in the successes experienced by the Real Baakens group. The approach has widespread applicability within an NMBM with copious stuck projects, but, requires a broader process of partnering whereby partnerships become an outcome of successful interventions



THE COSTS OF COMMUNITY PROTESTS ON PUBLIC INFRASTRUCTURE, THE CASE OF SOUTH AFRICAN LOCAL GOVERNMENT

Author: L. Dlulisa, SE Mahlobo, South African Local Government Association

Keywords: Municipal infrastructure, expenditure, violence, community protest, service delivery protests, vandalism, community participation.

ABSTRACT

Over the years, the South African Government has experienced a number of community protests which often imposed heavy cost on physical assets and or damage of public infrastructure. In a democratic dispensation, the South African local government has experienced more of these activities as the closest sphere of government to the communities. The protests have turned to be more frequent over the years and characterised by violence and destruction of infrastructure which based on media scan has reportedly costs government millions of rands as they fix the damages. The culture of violent protests in South Africa dates back many years and was instrumental in the dismantling of decades of apartheid rule (Pfaffe, 2011: 4). South Africa seemed to have made a break from the violent nature of the protests seen particularly in the 1980s under the theme of the “people’s war” (Netswera and Kgalane, 2014: 49). It was not long until the year 2004 that protests marred by violence once again became a common phenomenon (Pfaffe, 2011: 38).

If this trend persists, government will have limited or no funds to address the need for new infrastructure as they have to divert funds reserved for other purposes to either repair, refurbish or renew damaged infrastructure. The hypothesis of violent protest action places an additional pressure on municipal expenditure and diverts funds away from core service delivery requirements. A review of systematic literature has outlined that the cost of violent service delivery protests on physical infrastructure in local government has been a challenge. This paper explores the effects of community protest on local government budgets and will create awareness about the impact of such protest on municipal budgets. This paper will contribute to academic disciplines and local government as it will suggests strategies and recommendations that may be implemented to minimise the impact of protests and reduction of vandalism on municipal infrastructure.



Mixed research will be employed with both purposive and snowball sampling procedures to obtain number of participants with municipalities as the main source of data collection The research will be undertaken using various municipalities that are worst affected by protests. The questionnaire and face-to-face interviews will be used to collect data and the data to be analysed using Statistical Packages for Social Scientists (SPSS).

THE NEXUS BETWEEN A CAREER AND A JOB: MIDDLE MANAGER NARRATIVES ON THE PROFESSIONALISATION OF LOCAL GOVERNMENT

Author: Prof Willie Tafadzwa Chinyamurindi, University of Fort Hare, Department of Business Management [email protected]

ABSTRACT

This article focuses on the narratives of middle managers within the Eastern Cape Province of South Africa on the professionalisation of the local government sector. The backdrop of this (as acknowledged by the extant literature) is a local government sector characterised by challenges of service delivery, the need for restructuring and making the sector speak to desirables of policy documents such as the National Development Plan. These challenges then take a toll on those tasked with putting into practice desirables such as these into concrete plans, employees in the public sector. Added to this, issues of the professionalisation of the local government sector are then heightened and linked to issues that affect employees working in such sectors.

These identified justifications served as a rationale for this study aimed at understanding the narratives of middle managers on the professionalisation of the local government sector in South Africa. A sample of 30 middle managers working in the local government sector was conveniently selected and took part in the research using in-depth interviews. The three levels of the meaning-making framework were used to assist in generating narratives. Four main narratives emerged in informing issues around the professionalisation of the local government sector. First, the middle managers that took part in this research expressed the need for a paradigm shift amongst local



government employees. Such a shift concerns these employees seeing their employment relationship with local government as a career, not a job. Second, there was the need to put in place structures and processes that support the idealised experience of professionalisation. Third, a need exists to conduct a skills audit to vet the qualifications of all employees. Finally, the middle managers expressed the need to get rid of corruption within local government and protect whistleblowers as a basis to enhance the credibility of institutions in this sector. The implications of the findings are discussed further in the paper together with a model for encouraging a professional local government sector. Keywords: Middle managers, professionalisation, narratives, local government

MIGRATING OFFLINE TO ONLINE TO ENSURE BETTER SERVICE DELIVERY IN SOUTH AFRICAN LOCAL GOVERNMENT: THE IMPLEMENTATION OF E- GOVERNMENT AND E-GOVERNANCE AT THE LOCAL GOVERNMENT LEVEL.

Author: Adv. TI Mokgopo, University of Limpopo, [email protected] / [email protected], 0733441765 / 0714828432

Keywords: E-government; Local Government; Information Technology; Implementation; Good governance; communities; better services; E-governance.

ABSTRACT

Electronic government (or e-government) essentially refers to utilisation of Information Technology (IT), Information and Communication Technologies (ICT s), and other web-based telecommunication technologies to improve and or enhance on the efficiency and effectiveness of service delivery in the public sector. Consequently, in response to this international trends the South African government has over the years recognised the importance of information communications technology (ICT) and more recently what is known as e-government with the main aim of improving the standards and capacity of service (delivery) quality as well as increasing the overall efficiencies of



government. Based on the above, this paper advocates for the implementation of e-governance at the local government level to ensure better service delivery, better communication with businesses and citizens, efficient working and better procurement. This is because e-government empowers interactions and better communication between citizens and all spheres of government including municipalities.

Through e-government municipalities will be in a better position to respond to service delivery challenges faced by members of the community because in itself (e-government) public participation is achievable. E-government is the best tool to help municipalities to migrate from offline to online with the sole purpose of reaching majority of citizens. This paper will in turn unpack the two concepts of e-government and e-governance because e-government has traditionally been understood as being centered around the operations of government while on other hand e-governance is understood to extend the scope by including citizen engagement and participation in governance.

HOUSING DELIVERY THROUGH PUBLIC-PRIVATE PARTNERSHIP MODEL: A CASE OF CORNUBIA HOUSING PROGRAMME IN ETHEKWINI MUNICIPALITY

Author: Ndwakhulu Tshishonga, School of Built Environment & Development Studies, University of KwaZulu-Natal (UKZN), Howard College Campus, Durban, [email protected] or [email protected]

Keywords: Housing Delivery, Cornubia Housing Programme, Tongaat Hulett Developments, Public-private partnership, Integrated Human Settlement.

ABSTRACT

The housing challenges in South Africa were inherited from the apartheid era. Thus, due to the disenfranchisement of the majority by apartheid, the Network (2011: 37) noted that the South African government remains under pressure to advance programs and incentives



aimed at driving the maintenance, upgrading and the construction of housing infrastructure. The lack of adequate housing and basic services were orchestrated by the absence of coherent national housing policy (RDP, 1994: 22). Even in post-apartheid dispensation, housing remains a challenge and housing the South African nation is considered as ‘one of the greatest challenges facing the Government of National Unity’ (White Paper on a New Housing Policy and Strategy for South Africa (2010: 1).

According to the White Paper, the extent of the challenge derives not only from the enormous size of the housing backlog and the desperation and impatience of the homeless, but also stems from the extremely complicated bureaucratic, administrative, financial and institutional framework inherited from the previous government. However, despite various policies promulgated since 1994 aimed at addressing housing backlog and improving the living conditions of all South Africans, the housing sector remains central in social actions and demonstrations. Attempts to redress the housing crisis saw the delivery comprising of government-sponsored, private-public partnerships and housing assistance programmes.

It is against this background that this paper explores the role played by various stakeholders in the planning and implementation stages of the Cornubia housing programme. Opportunities and challenges regarding the holistic planning and implementation of this project are interrogated. The Cornubia development is perceived as an integrated human settlement and a catalytic intervention undertaken jointly by the eThekwini Municipality and the Tongaat Hulett Development. The chapter concedes that housing plays a dominant role in creating a sense of place and provides for basic needs to sustain well-being.

The housing delivery systems are to be dependent on community participation hence various stakeholders should play their part in the delivery of quality and affordable housing. While it is the responsibility of the national government to ensure housing is provided and financed, the local government has to play a role in facilitating the primary agency, and the private sectors in either financing or guiding the construction and supply of building materials. The chapter made use of secondary data in the form of books, articles and reports. In addition, interviews with key stakeholders such as officials from the eThekwini Department of Human Settlement, project managers at Tongaat Hulett Developments and primary beneficiaries at Cornubia were conducted.



MEASURING SPATIAL TRANSFORMATION IN SOUTH AFRICAN CITIES

Author: Claus Rabe, Consultant, PDG, [email protected], 021 6711402

ABSTRACT

What is “spatial transformation” and how do we measure moving towards it? Despite its popularity, the definition of the term continues to elude consensus. However, the following observations can be made: firstly, the term is most frequently used at the intersection of housing, transport and local government, most notably as a means to corral funding for big ticket, catalytic projects; secondly, ‘spatial transformation’ can be distilled as a State-led response to the ‘Apartheid city’, setting itself in opposition to the spatial-temporal urban development processes which persist in creating segregated towns and cities.

The ‘spatial transformation’ narrative is very clear what we should transform from, but does not offer a coherent future outcome to transform to. Although formal reasoning does not permit the development of an indicator in the absence of a pre-defined outcome, this paper introduces a potential indicator to measure progress from the undesired past, which is a fractured and inequitable land market, towards more social equity, which is defined as the more equitable distribution of costs and benefits to residents.

While conventional urban development theory posits that costs and benefits are evenly distributed through the formal land market, this is not always true given the distorted land markets and extreme social and income inequality in South Africa. The Location Equity Index (‘LEI’) measures the full locational benefit of a given neighbourhood to a resident household, relative to household income. As a net benefit-to-income measure, the LEI uses contingent value to estimate the value of work, public services and amenities, net of transport costs to access these, and net of housing rent, as a factor of income. If residents have improved access to these services, their ‘locational equity’ is increased, but this may be offset against the increased cost of property.



Using three Cape Town suburbs are case studies, the LEI results suggest that the locational benefit enjoyed by a low-income household in a well-located, inner city neighbourhood with high levels of public transport access is more than two and a half times that of a peripheral location with limited public transport provision.

The LEI provides a practical means of interpreting the rhetoric of ‘spatial transformation into a measurable outcome, with a view to guide spatial decision-making around new housing, transport and social facilities, as well as to track the direct and indirect benefits of municipal interventions on households. [390 words]

SUSTAINABLE MUNICIPAL FINANCE AND SPATIAL TRANSFORMATION: UNDERSTANDING THE RELATIONSHIPS BETWEEN SPACE, COSTS AND MUNICIPAL FINANCE

Author: Nick Graham, Director, PDG, [email protected], 021 671 1402

ABSTRACT

Spatial transformation is a key strategy underpinning both the National Development Plan and the Integrated Urban Development Framework. The notion of spatial transformation, although poorly defined, incorporates ideas of densification, social integration and the economic benefits of agglomeration. Included in this melange of positive outcomes of spatial transformation is an assumption around the efficiencies that are achievable through spatial transformation, and specifically densification around transit corridors and more balanced mixes of land uses (often linked to the concept of ‘Transit-Oriented Development’ (TOD)). These efficiencies are also assumed to reduce the costs of municipal service provision and thus improve municipal financial sustainability. However, urban systems are complex, and the relationships between space, costs and municipal finance are poorly understood.



This paper draws on research undertaken for the Financial and Fiscal Commission, National Treasury, provincial government and specific municipalities, to highlight some of the, sometimes unexpected, relationships between space, costs and municipal finance. It uses the results of complex modelling, using a range of fiscal impact tools, to highlight which services are most sensitive to space (and which are not) through the identification of the specific spatial drivers of cost.

It illustrates that while overall cost is an important consideration, cost is not evenly distributed between the various actors, with national grants and operating subsidies playing a significant role in shifting the incidence of cost. In many cases, it is this incidence of cost, and not the overall quantum of cost, that impacts on spatial decision-making. The findings of the research also illustrate the extent to which the cost structures of municipalities are already ‘locked in’ and that the potential to shift this is marginal, incremental and unlikely to make a notable difference in the short term.

The paper argues that the flawed assumptions around space and cost and its impact on municipal finance can lead to poor decision making. Densification in the wrong places can increase overall expenditure, while spatial transformation will remain elusive without amendments to the structural aspects of the fiscal framework that perpetuate poor spatial decisions by default. The paper concludes by recommending that spatial transformation is not a solution to municipal financial sustainability, there are a number of factors that should be carefully considered in designing spatial strategy. [371 words]



THE STATE OF ANTI-FRAUD AND ANTI-CORRUPTION MEASURES IN SOUTH AFRICAN MUNICIPALITIES

Authors: Kevin Foster, Associate, PDG, [email protected], 082 795 2210; Fatima Rawat, Independent Consultant, [email protected]; Lindiwe Ndlela, Senior Manager, GTAC, [email protected]; Nazreen Kola, Associate, PDG, [email protected], 083 703 4677; Cara Hartley, Consultant, PDG, [email protected], 021 671 1402

ABSTRACT

In 2015 SALGA commissioned a survey or anti-fraud and anti-corruption measures taken by South African municipalities. One of the four aims of the project was to create a knowledge hub that provides a real-time state of the sector report on anti-fraud and anti-corruption activities. An electronic survey was conducted, sampling 48 municipalities in all 9 provinces, with a 54% response rate. Further, 46 municipalities from all 9 provinces also participated in provincial dialogues, with 37 of these being part of the original 48 municipalities sampled for the survey.Anti-fraud and anti-corruption measures in municipalities were tested against 4 key assessment areas: legislative compliance (do the municipality’s efforts meet legislative criteria?), transparency (can members of the public access information to exercise their rights as citizens?), accountability (are there means for citizens to hold councillors or officials accountable should they discover misconduct?) and effectiveness (do anti-fraud and anti-corruption measures achieve their desired outcomes?).

Municipalities participating in the study were able to identify over 30 distinct ways in which fraud or corruption manifests itself in municipal administration. Municipalities were found to be compliant first with the requirement that they have policies and programmes to that prevent fraud and corruption. While All municipalities have policies in place to prevent fraud and corruption, fewer have the capacity to detect it when it happens. Where it has been detected, even fewer municipalities have the capacity to investigate and resolve cases successfully. Those that can investigate have the capacity and resources (human and financial) and that means larger municipalities.



In terms of the requirement to publish PAIA manuals, municipalities were found to be less compliant, with a third of municipalities not adhering to the requirement.

Mechanisms were in place for the public to report instances of fraud and corruption. While the existence of a hotline enables anonymity, such calls do not appear enable proper investigation as the evidence they provide has been found to be weak. The cases that would proceed to prosecution were those that were detected by the municipality through its own systems.

The findings confirmed the need for enhanced capacity to deal with fraud and corruption in municipalities, and the need for consequences for corruption to be enforced.

SERVICE DELIVERY BACK TO BASICS: WHAT SHOULD HAPPEN AFTER THE RIBBON IS CUT?

Author: Kevin Wall, Extraordinary Prof, Department of Construction Economics, University of Pretoria, Hatfield 0028; 082 459 3618; [email protected]

Keywords: service delivery, maintenance, infrastructure condition, infrastructure asset management.

ABSTRACT

Well-maintained infrastructure (such as water, sanitation, roads, electricity, solid waste, schools, hospitals and clinics) underpins quality of life and economic development. If its maintenance is inadequate, social and economic growth will be impeded, and goals of sustainable,



inclusive economic growth and spatial transformation will be undermined. “Delivery” is not achieved by the installation of infrastructure – for example, a pipe laid on the ground. “Delivery” is water coming from that pipe 24/7 clean, fresh and pure, and at the right pressure – for the next 50 years! To achieve this requires sound operation and maintenance – this is basic to service delivery.

Innumerable reports have described the state of repair of (condition of) South Africa’s infrastructure. Many municipalities produce these for all or part of their infrastructure – e.g. on the condition of their roads. At national level, reports, for their respective sectors, are issued from time to time by Department of Health, Department of Transport, and Department of Water and Sanitation, among others.

In 2006 the South African Institution of Civil Engineering (SAICE), in partnership with the Council for Scientific and Industrial Research (CSIR), released a “report card” assessment of the condition of a wide range of sectors of public engineering infrastructure. The purpose of this was to draw the attention of government, and of the public at large, to factors underlying the condition of infrastructure, and to the importance of maintenance. The CSIR and SAICE brought the next report card out in 2011, and the third was released late in 2017. A section of the proposed paper deals with the results of the 2017 report card, and also the trends in infrastructure condition observed 2006 through 2011 through 2017.

How infrastructure gets to be in the condition it is can be a long story, involving many stakeholders and factors. Thus another section of the paper describes the most common determinants of condition. It then briefly describes the basic elements which must be part of sustained service delivery – for example the staff, the management, and of course the finances. Finally, the paper discusses what can or should be done to improve infrastructure condition, and pleads for more maintenance to be undertaken, particularly of basic infrastructure which serves our people.



PROFESSINALISATION OF LOCAL GOVERNMENT MANAGEMENT IN SOUTH AFRICA

Author: Phindile Ntliziywana

ABSTRACT

Majority of municipalities in South Africa remain unable to deliver against their mandate on developmental local government, despite an enabling legislative and policy framework, massive infusion of funds and substantial technical support since the dawn of democracy. They have been grouped into three categories relative to their ability and/or inability to live up to expectations. The first category is the top third municipalities which show evidence of progress. In the second category, the middle third, there is a mixed bag of results where pockets of progress co-exist with outright dysfunctionality. The bottom third municipalities show a system fraught with transformation related challenges. They are frankly dysfunctional.

This paper, firstly, seeks to understand the reasons for the current state municipalities find themselves in. It will unpack the service delivery and developmental mandate of local government and interrogate the root causes of municipal dysfunction. Secondly, the paper proposes that professionalisation is a solution. The author understands that professionalisation is not a panacea for all ills infecting municipalities. However, this paper proposes that professionalisation will go a long way in stemming some of the problems faced by municipalities. The key questions this paper seeks to answer are:

1. Why are municipalities unable to live up to their developmental and service delivery mandate?

2. What are the appropriate strategies to be used to ensure that municipalities live up to their constitutional promise?

3. Is professionalisation one of those strategies?

4. What has been done by government and other stakeholders to solve this problem?



5. Has that worked? If not, why not?

6. What professionalisation lessons can we learn from best international practices?

Professionalisation, in this regard, entails, firstly, the appointment on the basis of professional qualifications and knowledge. Secondly, it entails the subjection to a code of professional ethics enforceable through recognised professional bodies in order to maximise human potential and ensure efficient, economic and effective use of resources. Lastly, it relates to the insulation of managerial professional independence from interference, political or otherwise, and the ring-fencing of functions performed by municipal management.

Key to this understanding is according professional status to the occupation of local government management in a manner similar to the occupations that are already professionalised, namely, health practitioners, chartered accountants, lawyers, etc. This would enhance the status local government management in the community, improve their declining ethical rectitude and, by implication, service/work ethos and make local government management a career of choice, able to attract the best graduates into the occupation.

WHAT DOES SOUTH AFRICAN LAW AND POLICY SAY ABOUT THE GLOBAL PURSUIT OF ‘SAFE, SUSTAINABLE, RESILIENT AND INCLUSIVE’ CITIES?

Author: Anél Du Plessis (BA, LLB, LLM, LLD), Professor of Law, North-West University, +27 18 299-1924, [email protected]

ABSTRACT

In South Africa, the “legal” face of local government changed significantly with the adoption of the Constitution in 1996. The Constitution unequivocally announced a new dispensation where local government would have autonomy and a place in the government system far more “powerful” than in the past. Developmental local government came into being. This was regarded as one of the definitive features of



the new democratic dispensation. The White Paper on Local Government (1998) describes “developmental local government” as a local government system committed to working with the community to create sustainable human settlements which provide for a decent quality of life and meet the social, economic and material needs of communities in a holistic way.

While the law and policy framework on local government creates a strong sense of what ought to be, it is the lived experiences of people, inter-governmental audit results and visible changes in local government structures and functions that set the status quo. Recent reports on local governance in South Africa have revealed that there are issues of economic exclusion, unsustainable growth and financial mismanagement, for example. There are, however, also exemplary developments in the area of municipal climate change mitigation and adaptation, smarter waste management technology and interesting projects on inner-city urban renewal.

The messages are mixed, but one can safely conclude that developmental local government in South Africa is being stretched and challenged in various ways, including in the area of good local governance. It is therefore not unexpected that questions would arise surrounding the readiness of South African law and policy and governance practice to respond to the expectations of the Goal 11 of the Sustainable Development Goals (SDG 11).

Against the background of the above, the proposed presentation explores a) the compatibility of existing South African law and policy with the sustainable city objective contained in SDG 11; b) areas emphasized in SDG 11 that are underplayed or overstated in the current law and policy context; and c) how to best charter some of the expected challenges in meeting the 2030 deadline set by SDG 11. The analysis is done from a law and policy perspective.



ADDRESSSING THE SHORTCOMING IN THE NATIONAL BUILDING REGULATIONS TO STRENGTHEN THE ROLE OF LOCAL GOVERNMENT IN TRADITIONAL AREAS

Author: Mags Iyer, City of uMhlathuze Municipality, KwaZulu-Natal Province, [email protected], 060 546 7695

Theme 1: Sustainable, Inclusive Economic Growth and Spatial Transformation

Keywords: National Building Regulation, Traditional areas, Health and safety

ABSTRACT

Despite the Constitution of South Africa guaranteeing everyone the right to a safe and healthy living environment, the formulation of the National Building Regulations is urban-biased and has failed to guarantee the same in traditional areas. According to the National Building Regulations, Local Government is responsible for ensuring the health and safety of all within its jurisdiction, but how can the local authority regulate this if there is such a huge blind-spot in the development of legislation. The National Building Regulation’s silence on this matter makes it susceptible to flawed interpretation to an extent whereby some municipalities choose which regulations to enforce and which to overlook.

More often than not, Municipalities focus largely on formal urban areas to the detriment of traditional areas. Developments in these areas are completely ignored, ranging from construction of dismal shacks to mansions of the highest building standards. How then can local authorities be held accountable, and the health and safety of inhabitants be guaranteed, if no inspections are carried out, building materials are not monitored and builders are not screened? Moving forward, the National Building Regulations cannot be a “one size fits all” regulation. How can we have the expectation that people who live in traditional areas build at the same level of construction as people in developed urban areas? If the National Building Regulation had less stringent regulations but maintained general expectations for health and safety



in traditional areas, then more rural developments will be compelled to comply. And if they comply, then it will make it easier to foster compliance with all Municipal Bylaws as we prepare property owners to become ratepayers. Eventually, property owners in traditional areas will expect their properties to acquire a municipal valuation, secure property insurances to an extent where their investments can be recognized by banks as collateral. Local government needs to assist property owners in traditional areas meet their expectations by monitoring their building process. It therefore remains critical for the National Building Regulations to be reviewed as a first step in corrective action to respond to the local context as opposed to the original National Building Regulations which was formulated using British building Standards as a basis.

In the case of the uMhlathuze Municipality, systems have been put in place in line with National Building Regulations and Municipal Bylaws to incrementally implement them in the traditional areas, which have been gradually recognized by the people. This paper sought to highlight the shortcomings in the implementation of the National Building Regulations in traditional areas. Perhaps it is time for the National Building Regulations to stem from our locus of enunciation.

LEGAL PLURALISM AND EFFECTIVE GOVERNANCE: THE POWER STRUGGLE IN LOCAL GOVERNMENT

Author: Advocate Kagiso A. Maphalle - High Court of South Africa

ABSTRACT

The development of communities falling under the local government sphere of government is pivotal to the scope of development in South Africa. Rural communities fall under two systems of governance, being traditional leadership and the democratically elected members of political parties. This pluralistic system of governance has an impact on the political, cultural and economic growth of communities,



particularly in how it impacts on social cohesion. This paper examines the power struggles of traditional and political leadership in rural communities and the impact that this intricate relationship has on community development, land use and crime prevalence. In the broader context of the interaction of state law with customary law, this paper uses the data collected at the Kwa-Zulu Natal towns of Weenen, Msinga, Greytown and Muden as a case study to highlight the interaction between traditional and political leadership in local government. It assesses how the lack of clearly defined areas of jurisdiction and structure between the two systems of governance impacts on reliable service provision and infrastructure investment in support of economic strategies. It argues that there are gaps in the laws that govern the relationship between the two systems of governance which impacts on the overall economic growth and development of rural communities.Key Words: Local Government, Community Development, Legal Pluralism, Traditional Leadership, Customary Law

Kagiso A. Maphalle is an Advocate of the High Court of South Africa, and a legal and cultural anthropologist. She has worked for the Commission for Gender Equality, NRF Chair in Customary Law, Indigenous Values and Human Rights, Centre for Law and Society, University of the Western Cape and the Parliamentary Monitoring Group. She holds an LLB degree from the University of Venda and an MPhil with Specialisation in African Customary Law and Women’s Rights from the University of Cape Town. She is a Research Consultant for Customary Law Projects in the SADC region. She is also the founder of the Kagiso Maphalle Foundation which empowers rural communities through educational workshops on human rights and customary law. She is a member of the International Commission on Legal Pluralism, Social Scientist Research Network, Rutgers Institute of Women’s Studies, International Society for Third-Sector Research, African Law and Society, African Studies Association of Africa, the Human Development and Capability Association, and the African Studies Association. She has a blog called Life of a Researcher where she writes about her experiences in the field of customary law. Her research interests are in customary law, legal pluralism, gender law, succession and inheritance rights, women’s rights, child rights, human rights and development.



SUPPORTING REGIONAL ECONOMIC STRATEGIES AND EFFECTIVE LAND USE MANAGEMENT APPROACHES

Authors: Mfundo Dube | Zotha Zondo, City of uMhlathuze Municipality, KwaZulu-Natal [email protected] | [email protected], 079 480 0116 | 060 557 3418

Theme: Incremental Planning Towards Effective Land Use Management in Informal Areas

Key words: land use management; collaborative; incremental land use approaches, peri-urban areas, urban sprawl; Traditional Council.

ABSTRACT

Informal areas are no longer a place for the poor as it previously was, due to various push factors there has been a growing trend where urban populations now opt to migrate to peri-urban and Traditional Council areas resulting in urban sprawl. With spatial planning now being codified for the first time in South Africa through the Spatial Planning and Land Use Management Act, 2013, the plains have finally been levelled to ensure that local government has the required legal backing to incorporate previously excluded areas in spatial planning and land use schemes. It is no longer normal to exclude former homelands in the planning system, neither is it practical to marginalise this large chunk of the populace.

In fact, it is illegal and non-progressive given the legislative framework within which we operate. For Town and Regional Planners this presents both legal backing as we update our planning systems in local space, but more so, challenges us to think outside the borders that have, for so long, confined us to imposing urban planning systems in rural areas, which resulted in criminalising their means of livelihood and settlement. Whilst uMhlathuze Municipality has not achieved the ideal, the enabling planning environment has been a catalyst to gracefully take on the challenge of interpreting statutes in a manner that dignifies the rural communities we live and work in. Our paper



therefore dissects the interventions employed towards incrementally introducing informal areas within the spatial planning and land use management systems. Recognition in Council plans and Bylaws as Traditional Settlement Areas elevates their identity which directly makes them willing participants in the planning process. This approach allowed us to collaboratively formulate development controls to abide by.

Our planning Bylaws further strengthens collaborative stakeholder relations as we collectively share responsibilities in the compilation and maintenance of the land use register in these informal communities. The success lies in us recognizing that effective land use management cannot take place without their participation. As we advance incrementally from no planning mechanisms to formal systems, we too will be enriched in the process through the engagements and renewed appreciation of informal areas in local government.

CLOSING THE GAP: A REVIEW OF PUBLIC SECTOR R&D INVESTMENT IN SOUTH AFRICA (2005-2015)

Authors: Nhlanhla Malaza, Thembinkosi Zulu, Saahier Parker, Natalie Vlotman and Mario Clayford - Institutional Affiliation: Human Sciences Research Council (HSRC), Department: Centre for Science, Technology and Innovation Indicators (CeSTII), Office: 021 466 7850 / 7814, Cell: 078 060 8445 / 082 928 7473, Email: [email protected]; [email protected]; [email protected]

Keywords: R&D surveys, South Africa, Science and Technology, Innovation, Indicators, Public Sector, Government, Research Field, GERD.

ABSTRACT

This paper reviews the role of the domestic public sector Research and Experimental Development (R&D) contribution to sustainable and inclusive economic growth by examining the financing modes for Science, Technology and Innovation in South Africa. Government policy



and development goals, especially with respect to innovation require sustainable financial support. In many developing countries, like South Africa, there is a gap between the availability of finances and development priorities. While the private sector has historically invested significantly in R&D, the South African public sector, comprising of Government, Science Councils and the Higher Education sector have collectively invested more than 50% of total annual national investment in R&D over the past several years (2010-2015). As economic pressures have forced greater cost control measures across government, sources of funding and matters related to publically funded R&D have been key outcomes within this research. The article brings into perspective the fundamental role played by the public sector in implementing local innovation policy. This can serve as a framework for utilizing scientific evidence in policy-making in a developing country context.

Together with a comprehensive literature review, evidence from within the National Research and Experimental Developmental Survey series across a ten year period (2005-2015) reveals informative and thought provoking insights into the public STI investment within the local R&D landscape. In line with theme three of the colloquium, Sustainable Financing as tools for developmental local government, the data analysed in this paper provides input on R&D in the public sector, further disaggregated at local, provincial and national spheres of government. These indicators can be used to inform future research activities and guidance on policy based related initiates.



THE SEPARATION OF POWERS CHALLENGE IN THE POLOKWANE MUNICIPALITY

Theme 2: Good Governance and Resilient Municipal Institutions: Strengthening oversight and accountability for effective, accountable and transparent leadership practices

Author: Lehlogonolo Masoga, Email: [email protected], Mobile: 082 949 5599

Keywords: separation of powers, oversight, accountability, good governance, democracy

ABSTRACT

Separation of powers is an essential tool for oversight and accountability, which thus promotes good governance and a means to safeguard democratic ideals in a constitutional democracy. The purpose of this exploratory study was to investigate the separation of powers challenge in the Polokwane Municipality. Local government in South Africa is confronted with a myriad of challenges, which among them include the challenge of separation of powers between the executive and legislative authorities. Among the findings of the study, one of the main findings was that the South African Constitution and the legislative framework governing local government provides for the conflation of the powers. It was also established that there was no common understanding among the senior ranking officials and leadership on what constituted separation of powers, oversight and accountability. It was also found that insufficient administrative and training support to oversight structures affected their competence. Furthermore, that inadequate oversight mechanisms negatively affected accountability and good governance.



INTEGRATING PEOPLE AND TECH: EVIDENCE-BASED COMMUNITY-MUNICIPAL PLANNING THROUGH DIGITAL DATA COLLECTION & DATA REPRESENTATION SYSTEMS

Author: Bev Russell, CEO, Social Surveys Africa, [email protected], 011 486 1025

Rethinking Local government Transformation: Spatial Planning Robust Governance and Sustainable Financing as tools for Developmental local government

Theme 2: Good Governance and Resilient Municipal Institutions: Modernising governance systems and processes through the use of digital technology and exploration of new models of interface with communities

ABSTRACT

Background

Despite a strong national policy framework, South Africa struggles to implement effective development interventions and ensure adequate service delivery in communities. Community frustration with deep inequalities and poor governance is expressed through very high rates of unrest and protest. Frustration is also driven by local government development planning and implementation processes that are not sufficiently inclusive of community residents.

Addressing the unrest and the underlying causes of frustration requires context-specific understanding of community-level development dynamics as well as appropriate forms of engagement and information exchange. Neither the content nor the format of community-municipal interactions is currently appropriately localized or regular for a variety of reasons:

• An absence of spatially disaggregated data for development planning at community level;



• A deficiency in evidence based planning culture within municipalities, partly due to a lack of data and partly due to poor data literacy amongst officials;

• Ineffective communication between municipalities and communities;

• Inadequate involvement of communities in the development planning and implementation process.

DESCRIPTION

In an attempt to address these issues, Social Surveys Africa has developed a system which optimally integrates people and technology for community-based data generation, data interpretation and multi-stakeholder evidence-based planning. The key characteristics of the technology approach is the continuous integration of people-centric considerations at all stages, including:

• Data collected in communities by community members never leaves the view of the community, with full transparency of data cleaning, analysis and interpretation – in respect of the principle ‘nothing about us without us’;

• Extensive built-in data quality control mechanisms to ensure the reliability and quality of decentralised data collection. The technology is accompanied by strong in-person quality controls and engagement with all participants in the research process;

• Data visualisations that are appropriate for both community-level residents and leadership and municipal planners with and without technical planning and research backgrounds;

• Integrated data interpretation and practical advice for different stakeholder groups to make evidence-based decision-making easier.



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