MUNICIPAL%20DEMARCATION%20BOARD%20BRIEFING:%20PORTFOLIO%20COMMITTEE%20ON%20PROVINCIAL%20AND%20LOCAL%20GOVERNMENT

1
MUNICIPAL DEMARCATION BOARDBRIEFING PORTFOLIO
COMMITTEE ON PROVINCIAL AND LOCAL GOVERNMENT

• 17 August 2004

2
Presentation Overview

• Introducing the Board
• Mandate and Mission
• Organisational Structure Staffing
• 2004/2005 Challenges/Programmes
• Financial Issues.

3
Introducing the MDB

• Board established in terms of Local Government
  Municipal Demarcation Act, 1998
• Independent from Government
• Accountable to Parliament
• 9 Members Only Chair full time

4
Board Members and committees
Name Province in which Resident Roles as Board Member
Dr Vuyo Mlokoti Eastern Cape Chairperson MDB (Full Time) Chair Executive Committee Member All Board Committees
Ms Essy Letsoalo Limpopo Deputy Chairperson MDB Chair Corporate Services Committee Member Executive Committee.
Dr Michael Sutcliffe Kwa-Zulu/Natal Chair Boundaries Committee Member Executive Committee Member Powers and Functions Committee.
Prof Nicolaas Steytler Western Cape Chair Powers Functions Committee Member Executive Committee Member Corporate Services Committee.
Khosi Tshililo Ramovha Limpopo Member Corporate Services Committee Member Audit Committee Member Boundaries Committee.
Ms Modiehi Molebatsi Gauteng Member Corporate Services Committee Member Boundaries Committee.
Mr Landiwe Mahlangu Gauteng Member Audit Committee Member Powers and Functions Committee.
Ms Nondumiso Gwayi Eastern Cape Member Audit Committee Member Powers and Functions Committee.
Mr Mpho Mogale Northern Cape Member Audit Committee Member Boundaries Committee.
5
Mandate and Mission

• Mandate derives from the Constitution and the
  Municipal Demarcation Act and the Municipal
  Structures Act.
• Board is responsible for
• the determination and re-determination of
  municipal boundaries
• Delimitation of wards for local elections
• Assessing the capacity of municipalities to
  perform their functions and advising MECs in
  this regard for the adjustment powers and
  functions between district and local
  municipalities

6
Organisational Structure and Staffing

• Management 1 Manager 4 Cluster Heads
• Clusters responsible for
• Administration
• Finance
• Geographic Information Systems
• Research and Implementation.
• Boards staff establishment comprises a total of
  27 positions some positions vacant
• 85,7 of Staff Black
• 4,7 of Staff disabled
• 38 Female.

7
Programmes Projects

• The Boards programmes and projects cover
• Ongoing Boundary Re-determinations
• Ongoing Technical Correction of Municipal
  Boundaries
• Alignment of service delivery boundaries with
  municipal boundaries
• Wards in 2004/2005 for the 2005/2006 local
  elections
• Investigation into metropolitan municipalities
• Investigation into the roads function
• Investigation into Cross Boundary Municipalities
  (commissioned by DPLG and finalised)
• Consultation on and implementation of the report
  on future of District Management Areas
• Annual Municipal Capacity assessments
• Investigation into municipalities performing
  poorly.
• The focus for the 2004/2005 financial year is on
  ward delimitation for the upcoming local
  elections.

8
ChallengesDetermination of Municipal Boundaries

• Background
• Prior to 5 December 2000 elections 843
  municipalities rationalised to 284 through
  demarcation process
• Work is ongoing as a result of requests being
  received, and technical correction of municipal
  boundaries.
• Requests received for Re-determinations
• Since 5 December 2000 some 128 requests received
  of which 65 have been finalised or are in the
  legal process, and 63 are being investigated.
• Technical Correction of Municipal Boundaries
• Advanced technology used to improve municipal
  boundaries
• Re-determination technical in nature and aimed at
  correcting existing maps
• Initial approach of the Board was to get affected
  municipalities to concur, thus eliminating the
  need for a section 26 process
• However there has been a poor response from
  provinces and municipalities
• Board has therefore decided to embark, where
  possible and with the understanding that ward
  delimitation may not be adversely affected, on a
  full demarcation process, beginning with section
  26, during the 2004/05 financial year.
• 564 cases have been identified for possible
  correction, of which 117 are already in the legal
  process.
• Programme for 2004/2005
• Finalise urgent cases and cases that will not
  adversely affect the ward delimitation process
• Do preparatory work on those that will adversely
  affect the ward delimitation process, but which
  will only be finalised after the local elections
• .

9
ALIGNMENT OF MUNICIPAL AND SERVICE DELIVERY
BOUNDARIES

• Cabinet resolved that MDB must assist line
  function Departments to align their service
  delivery boundaries to municipal boundaries
• MDB plays a supporting role
• Survey done of national and provincial service
  delivery boundaries
• Key focus areas for support Magisterial
  districts and Police districts/wards
• Project to be finalised soon.

10
Challenges Background Wards 5 December 2000
elections
Province Number of Wards Cross Boundary Municipalities included
Eastern Cape 601  
Free State 291  
Gauteng 446 Kungwini Local Munic (CBLC2) Merafong City Local Munic (CBLC8) Ekurhuleni Metropolitan Municipality Tshwane Metropolitan Municipality.
Mpumalanga 393 Greater Groblersdal Munic (CBLC4) Bushbuckridge Munic (CBLC6)
Northern Cape 162 Ga-Segonyana Munic (CBLC1) Phokwane Municipality (CBLC7).
Limpopo 445 Greater Marble Hall Municipality (CBLC3) Greater Tubatse Municipality (CBLC5).
North West 338  
Western Cape 330  
Kwa-Zulu/Natal 748  
Total 3754  
11
Ward delimitation Basics

• Ward delimitation done in terms of Local
  Government Municipal Structures Act, 1998
• Ward delimitation to be finalised during current
  financial year (2004/05), in preparation for the
  2005 local elections
• Wards to be delimited for 231 local and 6
  metropolitan municipalities (Municipalities with
  less that 7 councillors do not have wards 8
  municipalities)
• All 3754 wards will have to be reviewed as a
  result of registration of additional voters
  migration and changes to the number of
  councillors in some municipalities

12
Criteria for delimitation

• All wards to have an equal number of voters (15
  deviation from norm allowed)
• Avoid splitting of communities
• Ward boundaries must be identifiable
• To take location into account
• communication and accessibility
• density of population
• topography and physical characteristics
• the number of voters that are entitled to vote
  within the required time-frame
• The safety and security of voters and election
  material.
• By agreement with IEC Use VDs as building blocks
  and do not split VDs
• Retain existing ward boundaries if at all possible

13
Phases for ward delimitation and broad time frame

• Phase 1 Planning
• (October 2003 June 2004)
• Phase 2 Consultation
• (June 2004 December 2004)
• Phase 3 Legal process
• (January April 2005)
• Phase 4 Electoral process
• ( April 2005 March 2006)

14
Phase 1 Planning What happened? Broad overview

• Planning of delimitation process and programme
  with involvement of IEC and other stakeholders
• MDB closed programme for changing outer
  boundaries of municipalities which will adversely
  affect the ward delimitation process
• IEC divided the national common voters roll as
  on 20 Feb 2004 - into municipal segments
• Minister (PLG) gazetted the formula for
  determining the number of councillors (22 April
  2004)
• MECs responsible for local government determined
  the number of councillors (10 deviation from
  formula allowed)
• Outstanding number of councillors KZN Limpopo
• MDB determined the number of ward and the norm
  (number of voters per ward) for each municipality

15
Phase 2 Consultation What is happening/planned?

• Draft first set of boundaries and make public for
  comments/alternative proposals (MP, FS, GT, EC,
  NC, NW and WC completed but KZN Limpopo number
  of councillors outstanding)
• Hope to have first set of ward boundaries in all
  provinces published in August 2004
• Closing date for submissions on ward set 1 end
  August/beginning September 2004
• Accommodate public inputs and prepare second set
  of ward boundaries September 2004
• Release second set of ward boundaries October
  2004
• Public hearings October/November and if
  necessary December 2004
• Accommodate public hearing inputs in third set of
  boundaries December 2004/January 2005

16
Phase 3 Legal process What is required by the
Structures Act?

• Publish third set of ward boundaries in
  Provincial Gazettes for objections Feb 2005
• Consider objections and prepare 4th and final
  set of ward boundaries
• Gazette final set of ward boundaries
• Hand over to IEC
• Phase 4 Electoral process to be dealt with by IEC

17
How do we do it?

• Primarily GIS based
• Cluster VDs to fit within minimum and maximum of
  norm
• Apply criteria 15, community interest etc
• Overlay maps to avoid splitting communities as
  far as possible
• Consult IEC on split VDs on an ongoing basis, to
  minimise re-registration of voters

18
Problem areas

• Substantial delay
• Behind initial planning. Wanted to start in Feb
  2004 but was delayed by national and provincial
  elections, absence of the formula and the number
  of councillors
• MEC Sec 18(3) notices (number of councillors)
• 2 Provinces still outstanding
• Notice may be amended to correct information or
  to increase or decrease the number of councillors
• Splitting of VDs
• number of voters to be estimated
• VDs themselves split communities
• Cross boundary areas
• Try to avoid wards crossing provincial boundaries
• Changes to outer boundaries
• Not recommended time consuming and can
  adversely affect ward delimitation process
• Not feasible when a large number of voters are
  affected

19
Challenges Capacity assessments

• Board does capacity assessments annually in
  compliance with the MSA
• Focus on assisting the MECs to adjust municipal
  powers and functions between district and local
  municipalities
• Data obtained is used to prepare 47 districts
  reports, 9 provincial reports and an overall
  national report on municipal capacity.
• As part of this project the Board does, if
  possible, an in depth study on one function
  annually.
• Last year Fire services. This year Municipal
  roads function.

20
Capacity assessments 2004/2005 work programme

• August 2004 Distributed questionnaire to
  municipalities and complete field trips and  data
  collection. 
• September 2004 Finalise data capturing and
  verify the  profiles of  municipalities based on
  information in the questionnaires. 
• October 2004 Drafting of the DC reports. 
• November 2004  Complete the drafting of district
  reports. First draft of the MDB recommendations
  will be sent to MECs.
• December 2004 MECs to publish the adjustments so
  that there is  certainty at local level for the
  municipalities when they review their IDPs and
  when they prepare their budgets for the new
  financial year.
• January 2005 Provincial overview reports will be
  prepared in December and made available to MECs.
• February 2005 National overview draft report
  will be available.
• March 2005 National overview report  will be
  made available to the Minister, MECs and
  Portfolio Committee.

21
Challenges Municipalities performing their
powers and functions poorly

• From the municipal capacity assessments some
  municipalities identified as poor performers in
  respect of their powers and functions
• Some demonstrated in the 2003 and 2004 capacity
  assessments poor capacity and are performing less
  than 30 of their functions
• MDB recognises the fact that, apart from
  performance of functions, other factors
  contribute to the poor performance of
  municipalities, such as
• The economic, social and spatial realities in
  South Africa
• Large areas both geographically and in population
  terms lack an economic base and for historical
  reasons, are plagued with poor institutional
  capacity
• inadequate attention given to the municipalities
  by national and provincial departments in terms
  of capacity building.

22
Municipalities performing poorly (cont)

• Meetings with affected Provincial departments
  held in KZN Eastern Cape Mpumalanga
  LimpopoNorth West
• Investigation done in 3 phases
• preliminary assessment
• Study on poor performing local municipalities
• Study on poor performing district municipalities
• Based on the preliminary assessment undertaken as
  phase 1, twenty nine local municipalities were
  identified for the phase 2 detailed assessment
  and are spatially represented in the map below

23
Depiction of Municipalities Identified
24
Capacity 12 Municipalities performing very
poorly to be closely monitored and further
investigated

• EC126 Ngqushwa Municipality Eastern Cape
• KZ211 Vulamehlo Municipality KwaZulu-Natal
• KZ213 Umzumbe Municipality KwaZulu-Natal
• KZ215 Ezinqoleni Municipality KwaZulu-Natal
• KZ233 Indaka Municipality KwaZulu-Natal
• KZ281 Mbonambi Municipality KwaZulu-Natal
• KZ283 Ntambanana Municipality KwaZulu-Natal
• KZ293 Ndwedwe Municipality KwaZulu-Natal
• MP315 Thembisile Municipality Mpumalanga, and
• NP352 Aganang Municipality Limpopo
• DC16 Xhariep District Municipality
• DC17 Motheo District Municipality

25
Challenges Metropolitan Municipalities

• Six metros demarcated by the Board for the 2000
  local elections
• Incumbent on the Board to regularly review the
  boundaries of municipalities to establish as to
  whether they comply with section 2 of the MSA,
  and, if so, to determine them as metropolitan
  municipalities
• The Board has investigated the need to demarcate
  further metropolitan areas in South Africa
• Data collected on 24 major conurbations,
  consolidated and analysed.
• The Boards view following the provisional
  investigation is that no additional metros be
  declared at this stage
• A further study on metros has been commissioned
  and will be finalised during the 2004/2005
  financial year.

26
Challenges Cross Boundary Municipalities

• Board contracted by DPLG in 2003 to prepare
  report for the Department with options as to how
  provincial boundaries could be adjusted to
  dispose of all cross boundary municipalities
• Report submitted to DPLG in July 2003
• Indications from the DPLG that the matter will be
  attended to in 2004/05
• Requests for re-determinations and technical
  corrections being attended to on an ongoing basis
• Parliament to be approached this year or early
  next year to authorise some 26 changes to the
  boundaries of cross boundary municipalities, by
  national legislation

27
Challenges District Management areas

• Study completed on the future of DMAs, as part
  of the Boards policy review process
• The Board has adopted a policy position on the
  future of DMAs
• Only National Conservation Areas and Heritage
  Sites to be kept as DMAs
• The rest to be incorporated into local
  municipalities
• Comments from the Minister for Environmental
  Affairs and Forestry, some provinces, SALGA and
  others are awaited
• Will also liaise with provinces and IEC on
  possible disestablishment of some before the
  local elections

28
Strategic Context Project prioritisation
2004/05

• Ward delimitation
• Capacity assessments
• Monitoring of poor performing municipalities
• District Management Areas
• Re-determinations of municipal boundaries
  except urgent cases
• Metropolitan study
• Roads study

29
Finance

• For the year 2004/05, Board allocated
  R17,023,000.
• Amount inadequate to cover the costs of
  fulfilling the Boards mandate properly
• Budgetary shortfalls with respect to the Boards
  core responsibilities
• Assessing capacity of municipalities and advising
  MECs
• Delimiting wards for each metro and local, for
  2005 local elections.
• Activities related to the above.

30
Finance and MTEF Issues

• Assistance has been requested from DPLG to secure
  the additional funding required
• In addition, we have secured some NOK2 million
  from the Norwegian Embassy
• Boards total shortfall amounts to R5,553,000,
  but only with respect to ward delimitation, and
  after taking into account the Norwegian funding.

31
Conclusion

• Failure to obtain the additional funding needed
  by the Board will
• Compromise the ward delimitation process
  seriously
• Compromise other core functions of the Board
• Disempower the Board to fulfil its
  constitutional and legal obligations
• Make the Board more dependent on donor funding to
  fulfil its legislated mandate
• Open up the Board to legal challenges.

32
Thank you