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.

The Speaker – eThekwini Council
Councillor Logie Naidoo
City Hall
DURBAN
14 October 2011

Dear Mr Speaker

QUESTIONS IN TERMS OF SECTION 17 OF THE RULES OF ORDER

The enforcement of speeding on our roads is a critical exercise to reducing fatal accidents. “Speed Kills” we are told but there are some serious questions about the ability of Metro Police to enforce speed on our roads.

It is in this regard that I table the following questions:

1. The National Department of Transport has recently committed itself to the International “Decade of Action for Road Safety 2011-2020”. Is the eThekwini Municipality aware of this initiative and are we willing to commit this municipality to support the initiative?

2. How many calibrated and functional mobile speed enforcement equipment does the eThekwini Municipality have currently?

3. Are the cameras referred to in 1. above deployed to enforce speed every day, ie. Are there days when the equipment is not all being used for speed enforcement?
3.1. If not, why not?

4. How many prosecutions for speeding were made in the 2010/11 financial year?
4.1. Of those, how many prosecutions were made on the M-roads and N-roads in eThekwini (eg. M13, Western Freeway, M19)?
4.2. Of those, how many prosecutions were made on other classes of municipal road?

5. Is it true that speed is only enforced on residential roads if the average violation is over 20km/h over the limit? (eg. On a 60km/h road, there must be large number of vehicles travelling at over 80 km/h before enforcement will take place)

6. Are there any plans to increase the amount of speed enforcement taking place in eThekwini?
6.1. If yes, have any targets been set?
6.2. If no, why not?

7. Why do Metro Police continue to place unmanned speed cameras on bridges despite a court order ruling this action unlawful?

8. Given the necessity for increased speed enforcement in residential areas, should the cameras in 7. above not be used to make our residential roads safer.

Yours faithfully,

Councillor Warwick Chapman
Democratic Alliance

Dear Editor

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 losses to consumers caused by the resulting outage or power surge.

In the 2006/7 financial year, cable theft losses in Cape Town were recorded at R22-million. Just a year later losses had been reduced to R496 800, representing a 44-fold decrease from one financial year to the next.

What could possibly 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. The council 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.

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 arrests between 200 and 300 per year of which about 50 are council workers. 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. eThekwini’s own attempt to combat cable theft is a unit established in 2009 with a R29m budget and six posts. It has been unable to attract the investigators required to fill the vacant posts in the unit. There have been no convictions of scrap metal dealers in eThekwini since the unit was established.

At a National level, the Second Hand Goods Law which was passed in 2009 has not yet been implemented by SAPS. It creates a solid framework for law enforcement to pursue and prosecute copper thieves and must urgently be implemented.

Copper theft has a direct impact on the lives of our people, and always hits poorer communities hardest. eThekwini then has to spend additional resources replacing infrastructure instead of rolling out more services to the poor.

In my opinion, even if it costs us R30m per year to prevent R30m of cable theft, the measures are worthwhile as they reduce loss of productivity and costly damage to consumer equipment.

Cllr WB Chapman

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

NOTE: This statement is here because I played a role in creating it while eThekwini Campaign Manager in the 2011 Local Government Elections.

Holiday seasons offer our city a prime opportunity to put its best foot forward and show visitors what we have to offer and in so doing, encourage them to keep coming back. The unsightly construction work taking place on the prime promenade, the Golden Mile, a week before the Easter break does exactly the opposite. After a walkabout yesterday to inspect the readiness of the beachfront for the holidays, I was met by incomplete construction work, untrimmed vegetation and dying palm trees and still empty restaurants built before the World Cup. Our beachfront is sorely in need of the proper management and attention to detail which can make it the best holiday location in the country.

The Golden Mile is eThekwini’s best asset for marketing the City. Our sandy beaches, warm ocean temperatures and tropical climate mean that we have the perfect ingredients for a year-round and world-class tourism product. What we don’t have right now is the commitment and co-ordination by the city council to ensure that we leverage these ingredients into a recipe for real success. A successfully managed, safe and polished beachfront will attract increasing numbers of tourists to Durban every year, increasing economic growth and job creation.

The DA-run city of Cape Town enjoys a large market share of the local and international tourist trade precisely because it has developed itself as a tourist centered city committed to offering all visitors a safe, enjoyable and memorable stay. Cape Town has recognized that tourism holds massive potential for employment opportunities and economic development and attracts large amounts of foreign and local revenue into the city helping to stimulate the local economy.

Under a DA led administration we will ensure that maintenance and upgrading of our key tourist assets is regular and planned outside of key holiday periods. Our tourism assets across the city will all be included in a detailed asset register and will be set down for scheduled inspection on a regular basis. This will ensure that any construction will cause the minimum disruption to both tourists and locals alike. The development of sustainable ‘new’ tourism initiatives in other parts of the City will be prioritised. Township, rural and adventure tourism potential in eThekwini presents major growth and job opportunities but require professional development support and ongoing management of the greater tourism environment by the City.

The DA-run city of Cape Town has shown that a focused and organized commitment to developing tourism assets yields big dividends as more visitors flock to the city. There is no reason why we cannot do the same here in eThekwini. I will commit our DA administration to delivering on the potential which our beautiful city offers and place us at the apex of tourism destinations where we rightfully belong.