Warwick Bruce Chapman

The Local Government Systems Amendment Act (Act 7 of 2011) was signed into law by the President on 2 July 2011.

In March when it passed unanimously through Parliament the Acting Minister, giving us a hint of the importance that this legislation holds, said, “Local government will never be the same again. This Bill will open a new chapter in local government and help turn it around into a responsive, accountable, efficient and effective local government system that will help accelerate service delivery.”

The Departmental press release from April this year reads, “in some cases Municipalities … are staffed with employees who are not necessarily qualified to undertake their duties. It is for this reason that this Bill makes it mandatory for Municipalities to employ appropriately qualified and competent people.”

The Department goes on to say, “the … Act is aimed at professionalising local government for improved service delivery and performance management…”

National CoGTA Circular 19 of 2011 says of this Act that it “outlines government’s resolve to professionalise local public administration.”

Section 3 of the Amendment Act, (adding section 54A and amending section 56), provides strict new rules governing the appointment of municipal managers and managers directly accountable to municipal managers to the extent that “any contract of employment entered into between the municipality and [the appointed municipal manager or manager directly accountable to the municipal manager] is null and void if the appointed person does not have the prescribed skills, expertise, competences and qualifications…”

Section 5 of the Amendment Act (inserting a new section 56A), requires that a municipal manager or manager directly accountable to a municipal manager may not hold any political office in a political party, whether in a permanent, temporary or acting capacity.

There can be little doubt that these changes seek to address the cancer of cadre deployment at the level of senior municipal management. For nearly 15 years now, political cadres have been deployed to positions of management regardless of qualifications. This Amendment now requires unambiguously that managers henceforth not be politically active and are qualified and able to perform the job at the level required for the turnaround of local government.

The states aims of this act include:

1. Professionalise local government by ensuring that the administrative apparatus of municipalities is staffed by appropriately qualified and competent persons to improve on service delivery.

2. Require employment contracts and performance agreements of municipal managers and managers directly accountable to municipal managers to be consistent with the uniform systems and procedures set nationally.

3. Prevent staff dismissed for serious misconduct (financial misconduct, corruption, fraud) from being re-employed in any municipality for 10 years. Other categories of misconduct now carry prescribed waiting or rehabilitation periods before a dismissed member may be re-employed.

4. Prevent the bloating of municipal administrations in areas that do not constitute the core business of municipalities by requiring municipalities to pass a staff establishment through council and only positions indicated on that establishment may be filled.

5. Amend the Code of Conduct for Councillors to make it illegal for councillors to vote in favour of a resolution which conflicts with any local government legislation.

There is little doubt that this legislation is a response to the ANC’s abysmal performance in Local Government. The opposition in this council has a responsibility to ensure that the measures taken in this Amendment Act are applied in this municipality henceforth.

Your views are extremely relevant at a time when the DA is embarking on a the final leg of our own long walk to government – winning substantial numbers of black votes. The question in the minds of many is, “Does the DA’s liberal position hurt us in that is does not endear us to conservative black or minority voters?”

Our history is marred with the discrimination which results from conservatives providing excuses such as protecting culture or familiy values to legitmise things like apartheid or homophobia.

Basically, the party’s position, and one I hold personally, is that the only way forward for us is a more liberal, tolerant and free society where the right to be who you want to be and do what you wish is balanced only by the responsibility to respect the rights of others.

I personally see no reason whatsoever why a gay family would contribute to the erosion of family or social values. What is far more important is that children get to grow up in a supportive and healthy environment.

I am far more concerned, for example, about the damage to our social fabric caused by the institutionalised consumption of alcohol than I could ever be about something as inane as gay marriages. Yet society hardly ever makes a peep about our culture of drinking and being dangerous or abusive while drunk.

The reality is that until our democracy matures, you need to put your cross where it *really* counts. Right now, the most important thing for you or I is that this country, and by reference the health of our democracy, survives the damage being caused to it by the ANC government.

What we have is a race between the decline in the state’s ability to deliver and the quality of its delivery – and the resultant impact it has on the social cohesion of the poor – and the rise of the DA to unseat the Government.

It is not guaranteed, perhaps unlikely, that a mass uprising of the poor would rally behind the DA. Instead we must ensure that a peaceful transition in Government takes place so we can reduce the size of government, improve efficiency, improve quality, reduce wastage and most crucially, drive economic growth.

Right now, given what is at stake, your choice is one of which large party do I support, the DA or the ANC. That choice then becomes simpler: How many DA reps do you know? Do they work hard? Do they represent their communities? Are they corrupt?

I know, without a shred of doubt, that despite the many problems we have of our own, our public representatives form the most effective, honest and hardworking group of politicians in South Africa. We deal with non-performance and we deal with anything resembling corruption swiftly.

My view is that the only party you have the option to support in securing the immediate future of our country is the DA. Thereafter, as it stabilises, specialist interest group parties can grow and estalish themselves as players.

Lastly, I do not love the DA. It is large, unwieldy, messy organisation filled with a great many frustrating people. It does however, work its butt off to be better every day. And I respect that, and it is thus worthy of my support.

What I do love, is South Africa. And I want to save South Africa. The best chance we have of that right now is the DA, so I’m giving it everything I’ve got.

The DA’s understanding of redress begins with recognising that poverty and inequality are the inescapable realities of life for the majority of SA citizens, and further that much of this reality is the consequence of our nation’s divided and discriminatory history. Statutory measures designed to discriminate against people of colour and to advantage a racial minority were part of not only the legacy of apartheid but of our colonial history too. The DA’s commitment to the open, opportunity society for all means that we cannot pretend that this history didn’t happen, nor can we just assume that our 1996 Constitution which enshrines equality will produce a more fair and just society without systematic policy interventions on our part.

Redress means a number of things for the DA. This paper sets out some of the key components of our position but is, of necessity, not all that could be said.

1. We recognise that achieving human dignity and human rights for all are issues for which all DA public representatives must be seen to be passionately committed. Actions or statements by organisations or individuals which abuse or devalue the worth of any of our fellow South Africans must be condemned without reservation. The DA must be seen to be at the forefront of any campaign which defends our Constitutional rights.

2. Practical measure to achieve redress include various forms of structural intervention to level the economic playing fields between rich and poor. This means supporting budget allocations in the areas which can eliminate the inter-generational transmission of poverty and inequality – especially in education, health, transport and housing. This means supporting dedicated funding and programmes which by transform the quality of people’s lives and which give them enhanced opportunities to achieve their own and their children’s potential. The delivery of quality and accessible public health care and schooling must be imperatives for the DA wherever we are in government.

3. The DA is opposed to the further racialising of society but we are supportive of creating economic opportunities for all those who are currently disadvantaged in terms of their employment skills or access to business contracts. Structural measures which rely simply on racial categories are crude and destroy national reconciliation and cohesion and the DA will look for other means of creating opportunities for all than the currently favoured BEE legislation. We need to support the efforts of local entrepreneurs, for small businesses and for companies which reflect SA’s diversity without resorting to racial bean counting or quotas. In terms of preferential procurement we need to create space for small emergent companies to compete and win market share against larger more established entities provided that the quality and efficiency of service delivery are not compromised.

4. Being committed to redress also means tackling the symbolic and very visible ways our society used to reflect the relative advantage of the few over the many. Whether in the naming of public places or institutions, or the celebration of national events and festivals, we need to seek the most inclusive solutions wherever possible. Names and places must reflect our truly rainbow heritage and become a celebration of our diversity not the cause of further division and racial enmity.

5. Ensuring food security for our people means protecting commercial agricultural production, but the DA supports creating opportunities for people from all communities to achieve access to farming skills and land. Opening up land ownership to all our citizens must go hand in hand with measures which will promote individual land ownership, enhanced agricultural productivity and ensuring that small-scale farmers have access to larger markets.

Mark Steele MPL is a DA member of the KwaZulu-Natal Provincial Legislature and was previously an MP in the National Assembly.

5 September, 2011
Statement issued by Warwick Chapman, DA Spokesperson Housing and Infrastructure

Answers provided at today’s full council meeting reveal that asset losses as a result of cable theft in eThekwini over the past five years amount to nearly R100m. This figure does not take into account the losses to consumers caused by the resulting outage or power surge.

It is estimated that copper theft costs our economy R10 billion per year, hampering economic growth, productivity and job creation.

In a press statement released by the municipality in May this year, spokesperson Thabo Mofokeng said, “…the theft of cables, electrical conductors and transformers from the eThekwini Electricity network has resulted in significant losses to the Municipality. This not only places a burden on the City’s financial resources but also on its valuable customers that are severely inconvenienced by the supply interruptions arising out of the theft.”

Mr Mofokeng goes on to state that, “there are approximately 130 registered scrap metal dealers and 300 “bucket shop” type dealers in the eThekwini region. This poses enormous pressure on authorities in terms of regular compliance monitoring.”

This growing cable-theft trend threatens the very infrastructure of the City, causing serious damage to electrical substations and necessitating repairs running into millions of rand.

In the 2007/8 financial year cable theft losses for eThekwini were reported by the then Minister for Local Government to be R36-million. In the City of Cape Town over the same period, cable theft losses were recoprted at R496 800. Just a year earlier, in the 2006/7 financial year, cable theft losses in the City of Cape Town were recorded at R22-million.

This represents a 44-fold decrease in losses for the City of Cape Town from one financial year to the next.

What could possible explain such a dramatic decline in just one year? The answer is simply that the Cape Town council took a policy decision not to tolerate cable theft any longer and to invest in combating the crime. During that financial year, Cape Town established the Metals Theft Unit or “Copperheads” as a specialised unit of the Cape Town Metro Police to combat the theft of copper and other metals in the City

The 12-person unit, through tip-offs from the public, as well as proactive intelligence-gathering, was mandated to find, catch and arrest copper thieves. The unit’s success rate speaks for itself:

• Between 200 and 300 people were arrested per year since the Copperheads’ inception.
• On average, about 50 council workers were arrested a year, indicating that in some instances, copper theft from municipal property is an inside job.
• In 2007, when the Copperheads were established, R22 million worth of copper and other metals were stolen. In 2009, that number had fallen to only R500 000.
• Theft of brass water meters was reduced from 1700 per month in 2007, to 10 per month in 2009.

There is no reason why this success cannot be replicated in eThekwini and other metros.

Answers provided today about eThekwini’s own attempt to combat cable theft indicate that the unit established in 2009 has a R29m budget, six staff and has been unable to attract the investigators required to fill the vacant posts in the unit.

Further answers confirmed that there have been no convictions of scrap metal dealers in eThekwini since the unit was established.

National government also has a crucial role to play in combating copper theft. At national level, the DA is putting forward five key proposals to stop copper theft:

• Implement the Second Hand Goods Law of 2009: This law was passed in 2009 and creates a solid framework for law enforcement to pursue and persecute copper thieves. The law has still not been implemented. Once implemented, it will make it much easier to police copper theft.

• Making copper theft a priority crime at the SAPS: This will secure more resources and more experienced personnel for the fight against copper theft, as well as placing more responsibility on SAPS to investigate and resolve copper theft cases.

• Giving copper theft its own crime code at the SAPS: Presently, the SAPS crime database records copper theft in the category “other crimes”. This means that there are no reliable statistics of the incidence of copper theft, hampering the development of a sophisticated strategy to combat copper theft. We therefore propose that copper theft be given its own crime code so that it can be recorded separately.

• Setting copper theft reduction targets at parastatals: The Public Enterprises Minister should set targets to reduce copper theft at each major parastatal, accompanied by a comprehensive strategic plan to meet these targets.

• Close cooperation with industry experts: There exists a reservoir of goodwill from security and copper theft experts to help municipalities and parastatals to improve their security operations. This knowledge should be used more effectively and that starts by taking the problem more seriously and being open to input from outside experts.

We should not forget that copper theft has a direct effect on the lives of our people. Copper stolen from electricity cables disconnects our communities, especially poorer communities. The City then has to spend additional resources replacing infrastructure, money which could be spent rolling out even more services to the poor.

Our experience in Cape Town shows us that a metro police service, when properly trained and led by the right people and given the tools to do its job, can act as a powerful tool in the fight against crime.

In my opinion, even if it costs us R30million per year to prevent R30million of cable theft, the measures are still worthwhile as they reduce loss of productivity and costly damage to equipment caused by the outages and surges which result from cable theft. Cable theft can be combated by this municipality, all we need is the political will to do it properly.

Please report suspicious activities relating to cable theft to 031 311 9611.

Media Queries
Warwick Chapman
083 7797 094
warwickc@da.org.za

In March 2010, a year and a half ago, Cllr Tex Collins and I were assured that the last major technical hurdle in the completion of the new Revenue Management System was the data migration from the old Coins system to the new LOGOsoft RMS system. We were at the time advised that this process was almost complete, and they indeed demonstrated by pulling my Metro Bill. We were assured that the next challenges related only to testing, training and rollout preparation.

Last week, ahead of this council meeting, I emailed, phoned and SMSed the department head responsible for this project and asked him to make time available for me to get an update on the status of the project. I have received no reply. This is a repeat of my experience in 2010 as I attempted to prepare for the last time RMS/COINS appeared on the agenda. Again, it would appear that a municipal official is actively avoiding speaking to a councillor about RMS.

We are now being asked, for the first time as long as I have been a councillor, to approve an amount for the maintenance of COINS, which until now I believed was maintained in-house. This amount is significant, around 15% of last tranche of R77m we were forced to approve for the completion of RMS, and would not be necessary had we completed our RMS project on budget and on schedule.

In October 2010, I tabled a Notice of Motion[1], which required that “a monthly report be tabled at each Council meeting henceforth on progress towards the completion of the development and implementation of the system.”

The Motion was passed unanimously but no such reports have appeared on the agenda of any council meeting since then. As such I will write to the Speaker after this meeting requiring that this matter be comprehensively reported on at the next council meeting failing which the matter will be escalated to the MEC: COGTA.

Given the critical nature of the system to the proper functioning of the municipality’s financial system, we are forced to support this vote, but we do it under protest. I shall motivate to my colleagues that we setup a task team to urgently investigate the specific details pertaining to the RMS project and its progress. It is time now, after nearly 8 years and almost R500m that we complete and implement this project and start realising a return on investment for our ratepayers.

[1] 20101014-motion-rms