YEARBOOK 2013/14

South Africa is a constitutional democracy with a three-tier system of government and an Government independent judiciary. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defi ned in Systems the Constitution as “distinctive, interdependent and interrelated.” Operating at both national and provincial levels are advisory bodies drawn from South Africa’s traditional leaders. It is a stated intention in the Constitution that the country be run on a system of cooperative governance. Government is committed to the building of a free, non-racial, non-sexist, democratic, united and successful South Africa. The Constitution South Africa’s Constitution is one of the most progressive in the world and enjoys high acclaim internationally. Human rights are given clear prominence in the Constitution. The Constitution of the Republic of South Africa of 1996 was approved by the Constitu- tional Court on 4 December 1996 and took effect on 4 February 1997. The Constitution is the supreme law of the land. No other law or government action can supersede the provisions of the Constitution. The Preamble The Preamble states that the Constitution aims to: • heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights • improve the quality of life of all citizens and free the potential of each person • lay the foundations for a democratic and open society in which government is based on the will of the people, and in which every citizen is equally protected by law • build a united and democratic South Africa that is able to take its rightful place as a sovereign state in the family of nations. Founding provisions South Africa is a sovereign and democratic state founded on the following values: • human dignity, the achievement of equality and the advancement of human rights and freedom • non-racialism and non-sexism • supremacy of the Constitution • universal adult suffrage, a national common voters’ roll, regular elections and a multiparty system of democratic government to ensure accountability, responsiveness and openness.

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2013GOVERNMENT SYSTEMS_NEW.indd 201 2014/10/29 5:30 PM Fundamental rights The Presidency, July 2014 The fundamental rights contained in Chapter 2 of the Constitution seek to protect the rights and President Jacob Zuma freedom of individuals. Deputy President Cyril Ramaphosa The Constitutional Court guards these rights and determines whether actions by the State are The President may select any number of in accordance with constitutional provisions. ministers from the members of the National Assembly, and may select no more than two Government ministers from outside the assembly. Government is consists of national, provincial The President appoints a member of the and local spheres, which are distinctive, interde- Cabinet to be the leader of government business pendent and interrelated. The powers of the in the National Assembly. law-makers (legislative authorities), government (executive authorities) and courts (judicial National Assembly authorities) are separate from one another. The National Assembly is elected to represent Parliament the people and to ensure democratic governance as required by the Constitution. It does this by Parliament is the legislative authority of South electing the President, providing a national Africa and has the power to make laws for the forum for public consideration of issues, passing country, in accordance with the Constitution. legislation and scrutinising and overseeing It consists of the National Assembly and the executive action. National Council of Provinces (NCOP). Parlia- The National Assembly consists of no fewer mentary sittings are open to the public. than 350 and no more than 400 members elected Since 1994 a number of steps have been through a system of proportional representation. taken to make it more accessible and to motivate The National Assembly, which is elected for and facilitate public parti cipation in the legislative a term of fi ve years, is presided over by the process. speaker, assisted by the deputy speaker. The website www.parliament.gov.za encour- ages comment and feedback from the public. National Council of Provinces Cabinet The NCOP consists of 54 permanent members and 36 special delegates, and aims to represent The Cabinet consists of the President, as provincial interests in the national sphere of head, the Deputy President and ministers. government. The President appoints the Deputy President, Delegations consist of 10 representatives from ministers and deputy ministers, assigns their each province. The NCOP must have a mandate powers and functions, and may dismiss them.

Structure and functions of the South African Government

Legislative authority Executive authority Judicial authority Parliament Cabinet Constitutional Court • National Assembly • President Supreme Court of Appeal (350 – 400 members) • Deputy President High courts • National Council of Provinces • Ministers Magistrates’ courts (90 delegates)

Provincial governments Deputy ministers Judicial Service Commission

Eastern Cape State institutions supporting democracy • Public Protector Gauteng • Human Rights Commission KwaZulu-Natal • Commission for the Promotion and Protection of the Rights of Cultural, Religious and Limpopo Linguistic Communities Mpumalanga • Commission for Gender Equality Northern Cape • Auditor-General of South Africa North West • Independent Communications Authority of South Africa

Legislative Authority Executive Authority Provincial Legislature Executive Council • • Members of the Executive Council

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from the provinces before it can make certain • an effi cient, effective and development- decisions. oriented public service and an empowered, It cannot, however, initiate a Bill concerning fair and inclusive citizenship. money, which is the prerogative of the Minister of Finance. Infrastructure Development Cluster NCOP Online (www.parliament.gov.za/ncop) The departments in this cluster are: links Parliament to the provincial legislatures • Transport (Chair) and local government associations. • Public Enterprises (Deputy Chair) It provides information on draft legislation and • Communications allows the public to make electronic submissions. • Cooperative Governance and Traditional The NCOP came into existence in February Affairs 1997. • Economic Development • Energy Government clusters • Finance Clusters were established to foster an integrated • Human Settlements approach to governance that is aimed at im- • Public Works proving government’s planning, decision-making • The Presidency: National Planning and service delivery. Commission The main objective is to ensure proper coordi- • Water and Environmental Affairs. nation of all government programmes at national and provincial levels. Economic Sectors and Employment Cluster The main functions of clusters are to ensure The departments in this cluster are: alignment of government-wide priorities, facil- • Rural Development and Land Reform (Chair) itate and monitor the implementation of priority • Science and Technology (Deputy Chair) programmes, and provide a consultative plat- • Agriculture, Forestry and Fisheries form on cross-cutting priorities and matters • Communications being taken to Cabinet. • Economic Development The clusters function at different levels, namely • Finance ministerial, directors-general and communi- • Higher Education and Training cation There are seven clusters. • Labour In March 2013, respective cluster ministers • Mineral Resources briefed members of the media on the content of • Public Enterprises the reports and elaborated on the progress made. • Tourism Ministers had entered into delivery agree- • Trade and Industry. ments with President Jacob Zuma, having to give progress reports on their departments’ set Governance and Administration Cluster targets. The departments in this cluster are: The 12 outcomes identifi ed by government • Home Affairs (Chair) include: • Public Service and Administration (Deputy • improved quality of basic education Chair) • a long and healthy life for all South Africans • Cooperative Governance and Traditional • all people in South Africa are and feel safe Affairs • decent employment through inclusive eco- • Justice and Constitutional Development nomic growth • Finance • a skilled and capable workforce to support an • The Presidency: Performance Monitoring, inclusive growth path Evaluation and Administration. • an effi cient, competitive and responsive economic infrastructure network Human Development Cluster • vibrant, equitable and sustainable rural The departments in this cluster are: communities with food security for all • Basic Education (Chair) • sustainable human settlements and improved • Health (Deputy chair) quality of household life • Arts and Culture • a responsive, accountable, effective and • Higher Education and Training effi cient local government system • Labour • environmental assets and natural resources • Science and Technology that are well protected and continually • Sport and Recreation. enhanced • a better South Africa and contributing to a better and safer Africa and world 203

2013GOVERNMENT SYSTEMS_NEW.indd 203 2014/10/29 5:30 PM Cabinet ministers and deputy ministers, as at August 2014

Portfolio Minister Deputy Minister Agriculture, Forestry and Fisheries Senzeni Zokwana Arts and Culture Rejoice Mabudafhasi Basic Education Enver Surty Communications Stella Ndabeni-Abrahams Cooperative Governance and Traditional Affairs Andries Nel

Defence and Military Veterans Nosiviwe Mapisa-Nqakula Kebby Maphatsoe

Economic Development Madala Masuku Energy Tina Joemat-Pettersson Thembi Majola

Environmental Affairs Edna Molewa Barbara Thompson Finance Nhlanhla Nene Mcebisi Jonas Health Joe Phaahla Higher Education and Training Mduduzi Manana Home Affairs Malusi Gigaba Human Settlements Zoliswa Kota-Fredericks International Relations and Cooperation Maite Nkoana-Mashabane Nomaindia Mfeketo Luwellyn Landers

Justice and Correctional Services Michael Masutha John Jeffery

Labour Mildred Oliphant Patekile Holomisa Mineral Resources Ngoako Ramatlhodi Godfrey Oliphant Police Nkosinathi Nhleko Makhotso Sotyu Public Enterprises Public Service and Administration Collins Chabane Public Works Thembelani Nxesi Jeremy Cronin Rural Development and Land Reform Gugile Nkwinti Candith Mashego-Dlamini Science and Technology Zanele kaMagwaza-Msibi Small Business Development Elizabeth Thabethe Social Development Bathabile Dlamini Hendrietta Bogopane-Zulu Sport and Recreation Gert Oosthuizen

State Security Ellen Molekane Telecommunications and Postal Services Siyabonga Cwele

The Presidency: Jeff Radebe Performance Monitoring and Evaluation The Presidency: Susan Shabangu Women Tourism Derek Hanekom Thokozile Xasa Trade and Industry Rob Davies Mzwandile Masina Transport

Water and Sanitation Nomvula Mokonyane Pamela Tshwete

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Social Protection and Community The focus week was held under the theme: Development Cluster “South Africa is much of a better place than it The departments in this cluster are: was in 1994.” • Social Development (Chair) Government representatives took part • Public Works (Deputy Chair) in, among others, door-to-door household • Cooperative Governance and Traditional profi ling, walkabout or project visits, stakeholder Affairs dialogues and community engagements among • Environmental and Water Affairs other things. • Human Settlements Government expects these izimbizo to mobil- • Labour ise all role players and forge partnerships in • Rural Development and Land Reform the build-up towards the “20 Years of Freedom” • Transport celebrations in 2014. • Women, Youth, Children and People with Disabilities. Law-making Any Bill may be introduced in the National International Cooperation, Trade and Assembly. A Bill passed by the National Assembly Security Cluster must be referred to the NCOP for consideration. The departments in this cluster are: A Bill affecting the provinces may be introduced • Defence and Military Veterans (Chair) in the NCOP. After the council passes it, it must • International Relations and Cooperation be referred to the National Assembly. (Deputy Chair) A Bill concerning money must be introduced • Finance in the assembly and referred to the NCOP for • Trade and Industry consideration and approval after being passed. • Tourism If the NCOP rejects a Bill or passes it subject • Rural Development and Land Reform to amendments, the assembly must reconsider • Water and Environmental Affairs. the Bill and pass it again with or without amendments. Justice, Crime Prevention and Security There are special conditions for the approval Cluster of laws dealing with provinces. The departments in this cluster are: • Justice and Constitutional Development The Presidency (Chair) As the executive manager of government, The • Police (Deputy Chair) Presidency is at the apex of South Africa’s • Correctional Services government system. It is situated in the Union • Defence and Military Veterans Buildings in Pretoria, and has a subsidiary offi ce • Home Affairs in Tuynhuys, Cape Town. • State Security. The Presidency comprises three political principals: the President, the Deputy President, Izimbizo and the Minister of Performance, Monitoring, The National Imbizo Focus Week ran from Evaluation and Administration. 10 to 17 June 2013 and saw ministers and The President, as the Head of State, leads deputy ministers, premiers, MECs, mayors and the Cabinet. He or she is elected by the National councillors meet with communities to discuss the Assembly from among its members, and leads struggle against substance abuse. the country in the interest of national unity, in The intention was to scale up the national accordance with the Constitution and the law. action plan against substance abuse. The President appoints the Deputy President The Imbizo formed part of the interventions from among the members of the National aimed at entrenching South Africa’s democratic, Assembly. developmental state through participatory The Deputy President assists the President in democracy. executing government functions. The second National Imbizo Focus Week took In all R462,1 million of The Presidency’s place from 7 to 13 October 2013. R1,1 billion budget for 2013/14 went to adminis- It provided a platform for national, provincial tration, R393,7 million to the National Youth and local government executives and the public Development Agency, R160 million to Brand to interact face-to-face. South Africa, R77,7 million to the National The Imbizo also celebrated successes Planning Commission; and R2,8 million for and addressed challenges in implementing statutory allocation. government programmes.

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2013GOVERNMENT SYSTEMS_NEW.indd 205 2014/10/29 5:30 PM National Development Plan (NDP) 2030 • continuously review electoral laws and The NDP is South Africa’s socio-economic policy proposed electoral laws, and make recommen- blueprint that focuses, among other things, on: dations • eliminating poverty by reducing the proportion • promote voter education of households with a monthly income below • declare the results of elections for national, R419 per person from 39% to zero and the provincial and municipal legislative bodies reduction of inequality within seven days • increasing employment from 13 million in 2010 • appoint appropriate public administrations in to 24 million by 2030 any sphere of government to conduct elections • broadening the country’s ownership of assets when necessary. by historically disadvantaged groups In October 2013, the IEC embarked on a voter • ensuring that all children have at least two registration drive at schools by hosting Schools years of pre-school education and that all Democracy Week in partnership with the children can read and write by Grade 3 Department of Basic Education to register young • providing affordable access to healthcare people to vote in the 2014 election. • ensuring effective public transport. This followed concerns that just 10% of those The NDP offers a long-term socio-economic aged 18 and 19 had registered to vote. development road map. A number of activities were also scheduled to take place after school, including registration Monitoring and evaluation drives, debates and town-hall style interactive According to the Management Performance sessions. Assessment Tool (MPAT) report released by The Presidency in September 2013, 80% of Programmes and initiatives government departments did not comply with Presidential Hotline service-delivery requirements. As part of President Zuma’s directive to create The report, which measured the state of an interactive, accessible and responsive management practices in the Public Service government, the Presidential Hotline was estab- over the 2012/13 fi nancial year, included an lished in 2009. Members of the public can use assessment of all national and provincial the toll-free hotline to lodge queries or complaints government departments. relating to government services. The hotline is The MPAT measures departments against supported by a network of public liaison offi cers 29 management standards, awarding level one in national departments, provinces and munici- (red), level two (orange), level three (yellow), or palities. level four (green) scores. Since its establishment, the hotline has served as an important source of information Elections for government-wide performance monitoring National and provincial elections are held once and evaluation, and for monitoring the impact of every four years. government on citizens as it enables government All South African citizens aged 18 and over to track issues that are important to citizens and are eligible to vote. respond accordingly. The Constitution places all elections and referendums in the country in all three spheres of Brand South Africa (Brand SA) government under the control of the Independent Charged with marketing South Africa at home Electoral Commission (IEC), established in and abroad, Brand SA’s focus internationally is terms of the IEC Act, 1996 (Act 51 of 1996). to positively infl uence and shape perceptions The obligations of the IEC are to: about South Africa among target audiences. • manage elections of national, provincial and The new slogan, “South Africa: Inspiring New municipal legislative bodies Ways,” is set to represent the next phase of the • ensure that those elections are free and fair country’s development, where South Africa has • declare the results of those elections moved from possibility to delivery, and is now an • compile and maintain a voters’ roll. important regional power. The duties of the IEC are to: Internationally, Brand SA lobbies and networks • compile and maintain a register of parties extensively among global opinion leaders to shift • undertake and promote research into electoral perceptions about the country and the continent. matters Being a member of the Brazil-Russia-India- • develop and promote the development of China-South Africa trade bloc (BRICS), for electoral expertise and technology in all example, provides a platform to engage and spheres of government infl uence perceptions.

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Brand SA also regularly brings groups of • The Municipal Property Rates Amendment international journalists to the country to Act, 2009 (Act 19 of 2009), which was interact with the South African Government and introduced in September 2009 and aims to business representatives, experience local life extend the validity of a valuation roll and and culture, and learn about the country’s latest supplementary valuation rolls from four to six technological developments. years. • Municipal Finance Management Act, 2003 Department of Cooperative Gov- (Act 56 of 2003), aimed at modernising ernance and Traditional Affairs municipal budgeting and fi nancial manage- The Department of Cooperative Governance and ment. It facilitates the development of a Traditional Affairs is responsible for facilitating long-term municipal lending/bond market. It cooperative governance, to support all spheres also introduces a governance framework for of government and to assist the institution of separate entities created by municipalities traditional leadership with transforming itself • Disaster Management Act, 2002 (Act 57 of into a strategic partner of government in the 2002). development of communities. • Municipal Systems Act, 2000 (Act 32 of 2002) The best mechanism to build confi dence which establishes a framework for planning, between the people and municipalities is to performance-management systems, effective address the following priority issues: use of resources and organisational change in • accelerating service delivery a business context. • promoting governance • The Municipal Systems Amendment Act, 2011 • enhancing sound fi nancial management (Act 7 of 2011), aimed at professionalising local • rolling out infrastructure development and government for improved service delivery and effective maintenance performance management, while also instilling • intensifying the fi ght against corruption. a people-centred local government mindset in According to Census 2011, access to piped municipalities. water in the dwelling or yard had increased • Municipal Structures Act, 1998 (Act 117 of since 1996 when only 60,7% of households 1998), which provides for ward committees reported access, compared to 73,4% in 2011. whose tasks, among other things, are to prepare, The percentage of households with no access implement and review integrated development to piped water decreased from 19,7% in 1996 to plans (IDPs) and establish, implement 8,8% in 2011. and review municipalities’ performance- Households that have fl ush toilets connected management systems. to the sewage system increased to 57% in • Local Government: Municipal Demarcation Census 2011, from 55% reported in Community Act, 1998 (Act 27 of 1998). Survey 2007; households without toilets declined • White Paper on Local Government (1998) to 5,2% in Census 2011, from 8,3% reported in • National House of Traditional Leaders Act, 2009 Community Survey 2007. (Act 22 of 2009), and the Traditional Leadership Households using electricity for lighting and Governance Framework Act, 2003 (Act 49 of increased from 58,2% in 1996 to 84,7% in 2003), which were consolidated by the National 2011, while those using paraffi n and candles Traditional Affairs Bill to simplify the process. decreased over the same period from 12,7% to In September 2013, the National Traditional 3% and from 28,7% to 11,4%, respectively. Affairs Bill was published in the Government Gazette for public comment. The amendment Legislation and policies of the legislation will also ensure, among The department oversees the implementation of, other things, that traditional affairs, rather among other things, the following legislation: than only traditional leaders, will take centre • Intergovernmental Relations Framework Act, stage. The Khoisan communities will also be 2005 (Act 13 of 2005). fully represented in the National House of • Municipal Property Rates Act, 2004 (Act 6 of Traditional Leaders. 2004), which regulates the power of a munici- pality to impose property rates, excludes Budget certain properties from rating in the national The Department of Cooperative Governance interest, provides fair and equitable valuation was allocated R56,12 billion, including transfers methods of properties, and for municipalities for 2013/14. The Department of Traditional to implement a transparent and fair system of Affairs was allocated R105 million. exemptions, reductions and rebates through The Municipal Infrastructure Support Agent their rating policies. (Misa) was allocated R252 million.

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2013GOVERNMENT SYSTEMS_NEW.indd 207 2014/10/29 5:30 PM The Community Work Programme (CWP) Intergovernmental Relations Framework Act of programme was allocated R1,6 billion. 2005, which brings together the three spheres of government on matters of common interest Provincial government and national importance, thereby strengthening In accordance with the Constitution, each cooperative government. Among other things, province has its own legislature, consisting of the forum looked at: between 30 and 80 members. The number of • mechanisms for monitoring job creation and members is determined according to a formula implementation of the New Growth Path set out in national legislation. The members are (NGP) in all spheres of government elected in terms of proportional representation. • shared experiences in creating an environment The executive council of a province consists for job creation in provinces of a premier and a number of members (MECs). • specifi c provincial matters Premiers are appointed by the President. • monitoring and evaluation. Decisions are taken by consensus, as is the case in the national Cabinet. Provincial Spatial Development Besides being able to make provincial laws, Framework (PSDF) a provincial legislature may adopt a constitution The PSDF was fi nalised in August 2012 to: for its province if two thirds of its members agree. • be the spatial expression of the Provincial A provincial constitution must correspond with Growth and Development Strategy the national Constitution. • guide (metropolitan, district and local) muni- According to the Constitution, provinces cipal IDPs and spatial development frame- may have legislative and executive powers, works and provincial and municipal framework concurrent with the national sphere, over: plans • agriculture • help prioritise and align the investment • casinos, racing, gambling and wagering and infrastructure plans of other provincial • cultural affairs departments, as well as national departments’ • education at all levels, excluding university and parastatals’ plans and programmes in the and university of technology education provinces • environment • provide clear signals to the private sector • health services about desired development directions • human settlements • increase predictability in the development • language policy environment, for example by establishing • nature conservation “no-go,” “conditional” and “go” areas for • police services development and redress of the spatial legacy • provincial public media of apartheid. • public transport • regional planning and development Local government • road-traffi c regulation In accordance with the Constitution and the • tourism Organised Local Government Act, 1997 (Act 52 • trade and industrial promotion of 1997) up to 10 part-time representatives may • traditional authorities be designated to represent municipalities and • urban and rural development participate in proceedings of the NCOP. • vehicle licensing The DoCogta aims to build and strengthen the • welfare services. capability and accountability of provinces and These powers can be exercised to the extent municipalities. that provinces have the administrative capacity This includes: to assume effective responsibilities. • continued hands-on support through the estab- Provinces also have exclusive competency lished system and capacity-building pro- over a number of areas, which include: gramme, focusing on critical areas such as • abattoirs integrated development planning, local eco- • ambulance services nomic development (LED), fi nancial manage- • liquor licences ment, service delivery and public participation • museums other than national museums • evaluating the impact of government pro- • provincial planning grammes in municipal areas, enhancing per- • provincial cultural matters formance and accountability by improving the • provincial recreational activities quality of reporting on the Local Government • provincial roads and traffi c. Strategic Agenda (LGSA) and improving the The President’s Coordinating Council is a monitoring, reporting and evaluation of ca- statutory body established in terms of the pacity in local government

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Members of the executive councils of provincial government, as at August 2014

Eastern Cape Premier Mandla Makupula Education and Training Sakhumzi Somyo Finance and Economic Development Phumza Dyantyi Health Helen August-Sauls Human Settlements, Safety and Liaison Fikile Xasa Local Government and Traditional Affairs Thandiswa Marawu Public Works, Roads and Transport Mlibo Qoboshiyane Rural Development and Agrarian Reform Nancy Silwayi Social Development, Women, Youth and People with Disabilities Sport, Recreation, Arts and Culture Free State Sekgobelo Elias Magashule Premier Mamiki Qabathe Agriculture and Rural Development Olly Mlamleli Cooperative Governance, Traditional Affairs and Human Settlements Economic Development, Environmental Affairs and Tourism Tate Pule Makgoe Education Finance Benny Malakoane Health Seiso Mohai Provincial Treasury Butana Komphela Police, Roads and Transport Sam Mashinini Public Works and Rural Development Sefora Social Development Leeto Mathabo Sport, Arts, Culture and Recreation Gauteng Premier Faith Mazibuko Agriculture, Environment, Rural and Social Development Sizakele Emelda Nkosi-Malobane Community Safety Lebogang Maile Economic Development Panyaza Lesufi Education Finance Qedani Dorothy Mahlangu Health Jacob Mamabolo Human Settlements and Cooperative Governance and Traditional Affairs Nandi Mayathula-Khoza Infrastructure Development Molebatsi Bopape Sport, Arts, Culture and Recreation Ismail Vadi Roads and Transport KwaZulu-Natal Edward Premier Agriculture, Environmental and Rural Development Ntombikayise Sibhidla-Saphetla Arts, Culture, Sport and Recreation Nomusa Dube Cooperative Governance and Traditional Affairs Mike Mabuyakhulu Economic Development and Tourism Peggy Nkonyeni Education Belinda Scott Finance Dr Sibongiseni Maxwell Dhlomo Health Ravi Pillay Human Settlements and Public Works Weziwe Gcotyelwa Thusi Social Development Transport and Community Safety and Liaison Thembinkosi Willies Mchunu

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2013GOVERNMENT SYSTEMS_NEW.indd 209 2014/10/29 5:30 PM Members of the executive councils of provincial government, as at August 2014

Limpopo Stan Mathabatha Premier Joyce Matshoge Agriculture and Rural Development Makoma Makhurupetje Cooperative Governance, Human Settlements and Traditional Affairs Seaparo Sekoati Economic Development, Tourism and Environmental Affairs Stanley Bhebhe Education Ishmael Kgetjepe Health Rudolph Phala Provincial Treasury Jerry Ndou Public Works, Roads and Infrastructure Mapula Mokaba Transport, Safety and Liaison Joyce Mashamba Social Development and Welfare Nandi Ndalane Sport, Arts and Culture Mpumalanga Premier Andries Gamede Agriculture, Rural Development and Land Administration Vusi Shongwe Community Safety, Security and Liaison Refi lwe Mtsweni Cooperative Governance and Traditional Affairs Norah Mahlangu-Mabena Culture, Sport and Recreation Regina Mhaule Education Eric Kholwane Finance, Economic Development and Tourism Gillion Mashego Health Violet Siwela Human Settlements Dumisile Nhlengethwa Public Works, Roads and Transport Nomsa Mtsweni Social Development Northern Cape Sylvia Lucas Premier Norman Shushu Agriculture, Land Reform and Rural Development Cooperative Governance, Human Settlements and Traditional Affairs Grizelda Cjiekella-Lecholo Education Magdalene Chotelo Environment and Nature Conservation John Block Finance, Economic Affairs and Tourism Maccollen Jack Health Dawid Rooi Roads and Public Works Simon Sokatsha Social Development Lebogang Motlhaping Sport, Arts and Culture Masa Bartlett Transport, Safety and Liaison North West Premier Gaoage Molapisi Community Safety and Transport Management Tebogo Modise Culture, Arts and Traditional Affairs Wendy Matsemela Education and Sports Development Magome Masike Health Collen Maine Local Government and Human Settlement Sambatha Madoda Public Works, Roads and Transport Manketsi Tlhape Rural, Environmental and Agricultural Development Ontlametse Mochware Social Development Desbo Mohono Tourism Wendy Nelson Treasury and Enterprise Development

In his State of the Nation Address in February 2013, President Zuma announced government’s plan to establish a Presidential Remuneration Commission that would investigate the appropriateness of the remuneration and conditions of service provided by the State to all employees. He said that the fi rst priority would be teachers, because of education’s status as an apex priority since 2009, and its standing as an essential service to the nation.

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Members of the executive councils of provincial government, as at August 2014

Western Cape Premier Community Safety Momafrench Mbombo Cultural Affairs and Sport Debbie Schafer Education Finance Finance, Economic Development and Tourism Theuns Botha Health Human Settlements Local Government, Environmental Affairs and Development Planning Social Development Donald Grant Transport and Public Works

• coordina ting and supporting policy deve- system where executive authority is vested in lopment, implementing the LGSA, and moni- the mayor, or the collective executive committee toring and supporting service delivery. system where these powers are vested in the executive committee. Municipalities Non-metropolitan areas consist of district The Constitution provides for three categories councils and local councils. District councils are of municipality. There are 278 municipalities in primarily responsible for capacity-building and South Africa, comprising eight metropolitan, district-wide planning. The Local Government: 44 district and 226 local municipalities. They Municipal Structures Act of 1998 provides for are focused on growing local economies and ward committees whose tasks, among other providing infrastructure and service. things, are to: As directed by the Constitution, the Local • prepare, implement and review IDPs Government: Municipal Structures Act of • establish, implement and review municipal- 1998 contains criteria for determining when ities’ performance-management systems an area must have a category-A municipality • monitor and review municipalities’ perform- (metropolitan municipalities) and when munici- ances palities fall into categories B (local municipalities) • prepare municipalities’ budgets or C (district municipalities). • participate in decisions about the provision of The Act also determines that category-A municipal services municipalities can only be established in • communicate and disseminate information on metropolitan areas. governance matters. Metropolitan councils have single metropolitan budgets, common property ratings and service- Municipal Infrastructure Support Agent tariff systems, and single-employer bodies. (Misa) South Africa has eight metropolitan municip- At the end of March 2013, Misa deployed 68 alities, namely: technical consultants and 24 service providers • Buffalo City (East London) that support 100 priority municipalities. • City of Cape Town During 2012/13, Misa technical consultants • Ekurhuleni Metropolitan Municipality (East accelerated 862 infrastructure projects amount- Rand) ing to R12,7 billion. A total of 36 005 jobs were • City of eThekwini (Durban) created through Misa. • City of Johannesburg • Mangaung Municipality (Bloemfontein) Local Government Turnaround Strategy • Metropolitan Municipality (LGTAS) (Port Elizabeth) The LGTAS was introduced as a government • City of Tshwane (Pretoria). programme of action and a blueprint for Metropolitan councils may decentralise powers better service delivery aimed at responsive, and functions. However, all original municipal, accountable, effective and effi cient local legislative and executive powers are vested in government. Five focus areas aimed at the metropolitan council. fast-tracking implementation of the strategy In metropolitan areas, there is a choice of have been identifi ed. These are: types of executive system: the mayoral executive • service delivery

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2013GOVERNMENT SYSTEMS_NEW.indd 211 2014/10/29 5:30 PM • governance • managing the LED Fund • fi nancial management • managing and providing technical support to • infrastructure development nodal economic development planning • fi ghting corruption. • facilitating, coordinating and monitoring donor The department aims to review all pieces of programmes legislation that impede service delivery. In this • assisting LED capacity-building processes. regard, more than 300 sections of legislation that Through these interventions and resources, local fall under this category have been identifi ed and role players and interest groups are mobilised reviews undertaken. for the sake of achieving economic growth and creating jobs to reduce poverty. Municipal Infrastructure Grant (MIG) The MIG aims to eradicate municipal infra- Municipal Demarcation Board (MDB) structure backlogs in poor communities to The MDB is an independent authority responsible ensure the provision of basic services such as for the determination of municipal boundaries. The water, sanitation, roads and community lighting. board’s status as an independent authority is also The Department of Cooperative Governance protected by Section 3 of the Local Government: is responsible for managing and transferring Municipal Demarcation Act of 1998 and various the MIG and provides support to provinces and judgements by the Constitutional Court. municipalities on implementing MIG projects. In addition to the determinations and re-determinations of municipal boundaries, the Community Work Programme MDB is also mandated by legislation to declare The CWP is a government programme aimed the district management areas; to delimit wards at address, poverty and the high unemployment for local elections; and to assess the capacity of rate. municipalities to perform their functions. The programme is not an employment solution for participants, but serves as an employment South African Local Government safety net, which provides them with a minimum Association (Salga) number of regular days of work. This is typically Salga is a listed public entity, established in terms two days a week or eight days a month, thereby of Section 21 of the Companies Act, 1973 (Act 61 supplementing their existing livelihoods by of 1973), and recognised by the Minister of offering a basic level of income security. It is an Cooperative Governance and Traditional Affairs, ongoing programme that complements rather in terms of the Organised Local Government Act than replaces government’s existing social of 1997. grants programme. Salga represents local government on numerous intergovernmental forums such as the Local economic development (LED) Presidential Coordinating Council, Minister and LED is an approach towards economic MECs (MinMec) forum, the Budget Forum, the development that allows and encourages local NCOP and the Financial and Fiscal Commission. people to work together to achieve sustainable Salga aims, among other things, to: economic growth and development, thereby • transform local government to enable it to fulfi l bringing economic benefi ts and improved quality its developmental role of life to all residents in a local municipal area. • enhance the role of provincial local government LED is intended to maximise the economic associations as provincial representatives and potential of municipal localities and enhance the consultative bodies on local government resilience of macro-economic growth through • raise the profi le of local government increased local economic growth, employment • ensure full participation of women in local creation and development initiatives within the government context of sustainable development. The “local” • act as the national employers’ organisation for in economic development points to the fact that municipal and provincial member employers the political jurisdiction at local level is often the • provide legal assistance to its members, using most appropriate place for economic intervention, its discretion in connection with matters that as it carries alongside it the accountability and affect employee relations. legitimacy of a democratically elected body. Salga is funded through a combination of LED programmes provide support in the sources, including a national government grant, following areas: membership fees from provincial and local • developing and reviewing national policy, government associations that are voluntary strategy and guidelines on LED members, and donations from the donor • providing direct and hands-on support to community for specifi c projects. provincial and local government 212

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Salga held its Human Resource Management Traditional affairs and Development Strategy conference in In September 2013, Cabinet approved the Midrand in March 2013. Salga indicated that publication of a Bill that would pave the way for it aimed to turn municipalities into profes- the Khoisan people to be recognised. sional and responsive entities with its Local The Bill makes statutory provisions for the Government Human Resource Management recognition of the Khoisan and also addresses and Development Strategy. limitations of existing legislation relating to The strategy is intended to help munici- traditional leadership and governance. palities make better use of the human capital The Bill will contribute to the NDP’s key target at their disposal, for them to be able to fulfi l relating to broadening social cohesion and unity their important objective of accelerating service while addressing the inequalities of the past. delivery as well as promoting development in local government as a whole. Traditional leadership The strategy emphasises employing indivi- Chapter 11 of the Constitution states that the duals who are prepared to extend themselves in institution, status and roles of traditional leader- serving the needs of people, are professional, ship, according to customary law, are recognised. and are constantly learning and developing Government acknowledges the critical role of themselves. traditional leadership institutions in South Africa’s Municipalities have become more responsible constitutional democracy and in communities, in reporting their fi nancial position, with all 278 particularly in relation to the rural-development municipalities having submitted Section 71 strategy. fi nancial information to the National Treasury for It therefore remains committed to strengthening the last two quarterly reports. the institution of traditional leader-ship. One of Salga’s achievements was the To this end, numerous pieces of legislation establishment of public accounts committees have been passed and various programmes on municipalities, which allowed councils implemented to ensure that traditional leader- themselves to exercise accountability. By ship makes an important contribution to the 2013, 93% or 258 municipalities had accounts development of society. committees and 95% had audit committees. The department is also working on a range Spending of the MIG was at 79% for 2012/13, of issues, which include policies on unity and while spending by municipalities of the Urban diversity, initiation, traditional healing, tradi- Settlements Development Grant, which assists tional leaders’ protocol, family trees, the municipalities to upgrade informal settlements, remuneration and benefi ts of traditional leaders improved on the 90% spending level of 2011/12. based on uniform norms and standards, and Municipalities receiving direct conditional involving the Khoisan people in the system of grants reported average expenditure of 88,4%. governance in South Africa.

Disaster management Traditional councils The Disaster Management Act of 200, was Legislation has transformed the composition of promulgated in 2003. The National Disaster- traditional councils to provide for elements of Management Centre (NDMC) and functional democracy. It states that 40% of members must disaster-management centres and advisory be elected and that one third of members must forums were established in eight provinces. The be women. National Disaster-Management Advisory Forum Legislation has also opened up an opportunity was recognised by the United Nations (UN) as for municipalities and traditional councils to the national platform for reducing disaster risk. achieve cooperative governance. South Africa has also made signifi cant Traditional councils have been given a strong progress in implementing the Hyogo Framework voice in development matters and may now for Action – a global blueprint which aims to enter into partnerships and service-delivery substantially reduce disaster losses by 2015. agreements with government in all spheres. Through the NDMC, the Department of The National Khoisan Council aims to unite Cooperative Governance registered unit the Khoisan communities and create a platform standards for levels three to seven with the through which they can raise issues affecting South African Qualifi cations Authority (Saqa) them as a group of communities. The most for a national certifi cate in disaster risk important issue is the statutory recognition management. and inclusion of the Khoisan people in formal The department also developed regulations government structures. for recruiting and using disaster-management volunteers.

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2013GOVERNMENT SYSTEMS_NEW.indd 213 2014/10/29 5:30 PM Houses of traditional leaders challenges is critical to the achievement of The Constitution mandates the establishment of Vision 2030. houses of traditional leaders by means of either The GCIS is responsible for informing all provincial or national legislation. citizens of South Africa about government’s work The National House of Traditional Leaders was and how they can participate in governance and established in terms of the then National House consolidating the country’s democracy. of Traditional Leaders Act, 1997 (Act 10 of 1997). The GCIS has a responsibility to act in the Its objectives and functions are to promote the interest of all South Africans, without discrimi- role of traditional leadership within a democratic nation and to communicate effectively in all constitutional dispensation, enhance unity and offi cial languages and reach all communities in understanding among traditional communities urban, peri-urban and rural areas. and advise national government. The GCIS has reached millions of South Provincial houses of traditional leaders Africans through different platforms which were established in all six provinces that include publications, the news media, radio, have traditional leaders, namely the Eastern television and izimbizo. Cape, Free State, KwaZulu-Natal, Limpopo, Cabinet directed the department to reposition Mpumalanga and North West. the Thusong Service Centres programme to The national and provincial houses of widen government access. traditional leaders enhance the cooperative Repositioning means the department, working relationships within national and provincial with partner departments, will have to look at the government, while the establishment of local possibility of identifying the suitable structure, houses of traditional leaders deepens and platforms and partnerships to effectively fulfi l the cements the relationship between munici- mandate of the programme, which is not only palities and traditional leaders on customary limited to information. law and development initiatives. In 2013, the department expanded citizens’ access to information and services, including the Commission on Traditional use of integrated mobile units where key service Leadership Disputes and Claims departments sign up people for services and The commission was established in terms of provide information. Mothers and grandmothers the Traditional Leadership and Governance in urban and peri-urban areas are now able to Framework Act of 2003. register for social grants, and apply for identity It is tasked with restoring the dignity of documents and certifi cates through Home Affairs traditional leaders and their communities by within their localities. investigating and ensuring that the institution The GCIS continues to enhance existing com- of traditional leadership is restored to where it munication platforms and products, and initiate belongs. It also investigates all claims to any new ones to ensure that targeted audiences position of traditional leadership (king/queen/ and communities receive relevant information principal/senior traditional leader and headmen through various means. and women), including disputes over the It is also establishing partnerships with boundaries of traditional councils. strategic stakeholders within the three spheres Section 25 of the Traditional Leadership and of government, and within broader society, to Governance Framework Act of 2003 requires achieve more. that the commission investigate and make Using various platforms, just over 3 000 recommendations on cases where there is doubt communication projects have been implemented as to whether a kingship, principal traditional in the most remote corners of the country, leadership or senior traditional leadership and reaching more than 23 million people since 1994. headmanship was established in accordance The partnership with the Phelophepa health with customary law and customs. train of Transnet alone visited 24 train stations in four provinces and served around 380 000 Government Communication and benefi ciaries. Information System (GCIS) The GCIS supports municipalities in their The GCIS’s mandate is to serve as the central communication, with preference given to munici- communications agency of a relatively new palities that are part of the LGTAS, to close the democratic government leading the recon- gap between municipalities and communities, struction and development of post-apartheid which sometimes contributes to the factors South Africa namely a government communi- behind unlawful protests in some communities. cation system that mobilises the nation behind The department has a mandate to ensure the NDP, showcases progress and invites that government’s vision and policies are clearly South Africans to work together to address understood in the public service. The GCIS

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coordinates the Internal Communicators’ Forum, To achieve its objective, the MDDA encour- to ensure messages disseminated across the ages: various channels and outlets managed by • ownership and control of, and access to, media departments are coherent. by historically disadvantaged communities and Communicating government information is historically diminished indigenous language not the primary business of the public media. and cultural groups Vuk’uzenzele, a free national government news- • the channelling of resources to community paper, continues to gain traction among its target and small commercial media audience with a monthly circulation of 1,7 million. • human resource development and capacity- In 2012/13, some 20,4 million copies of building in the media industry, especially Vuk’uzenzele were distributed in deep rural, among historically disadvantaged groups rural and peri-urban areas. Vuk’uzenzele is the • research regarding media development and only newspaper in the country available in Braille diversity. and all offi cial languages. The online version of the newspaper is due for further enhancement Department of Public Service and and improved usability. The online edition has Administration (DPSA) attracted a remarkable 483 533 hits since April The DPSA is at the centre of government. It 2013. plays a major policy role in establishing norms SAnews.gov.za produces hard news and and standards for the Public Service, which human-interest features, and carries many ensure that service-delivery mechanisms, inte- exciting pictures, video content on YouTube. It is grated systems and access, human resources, also available on Facebook and Twitter. institutional development and governance initia- The government news agency has become tives are responsive to the needs of citizens. more popular with the public as opposed to the This mandate has evolved over the years from media and it will continue to be marketed to the transforming and modernising the Public Service broader public as a complement to South Africa’s through the development and implementation of rapidly diversifying news and information mix. policies and frameworks, to providing implemen- The GCIS, through its media-buying operation, tation support to ensure compliance, improve continues to support the fi nancial viability of a service delivery and strengthen monitoring and diverse community media sector, by placing evaluation. over R37 million in advertising in the community In terms of the Public Service Act of 1994, as press, radio and television. amended, the Minister of Public Service and The milestones of 20 Years of Freedom, the fi fth Administration is responsible for establishing democratic general election and the millennium norms and standards relating to: development goals (MDGs) are among the • the functions of the Public Service important topics covered in 2014. • organisational structures and the establish- ment of departments and other organisational Budget and governance arrangements in the Public Over the medium term, expenditure is expected Service to increase from R396,7 million in 2013/14 to • labour relations, conditions of service and R430,8 million in 2015/16. The increased spend- other employment practices for employees ing will mainly be in the administration pro- • the health and wellness of employees gramme and will be used for information • information management technology (IT) costs and offi ce accommo- • electronic government in the Public Service dation costs. The GCIS was allocated additional • integrity, ethics, conduct and anti-corruption funding of R19,1 million over the medium term. • transformation, reform, innovation and any As an additional savings measure approved other intervention to improve the effectiveness by Cabinet, the GCIS budget was reduced by and effi ciency of the Public Service and its R3,9 million in 2013/14, R8,3 million in 2014/15 service delivery to the public. and R13,1 million in 2015/16. The DPSA has identifi ed fi ve focus areas that will form part of the overall work of the Public Media Development and Diversity Service and Administration Portfolio over the Agency (MDDA) next four-year period. These will serve as the The MDDA was set up by an Act of Parliament, main strategic indicators that will point to whether 2002 (Act 14 of 2002) to enable historically the Public Service is effective, effi cient and disadvantaged communities and people not development-oriented. adequately served by the media to gain access They are: to the media. Its benefi ciaries were community • services rendered with speed media and small commercial media. • services easily accessible to citizens

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2013GOVERNMENT SYSTEMS_NEW.indd 215 2014/10/29 5:30 PM • services provided at lower cost • State Information Technology Agency (Sita) • appropriately skilled public servants to render Act, 2002 (Act 38 of 2002) services. • Protected Disclosures Act, 2000 (Act 26 of • competitive conditions of service for public 2000) servants and the achievement of labour peace. • Public Finance Management Act, 1999 (Act 1 • no corruption of 1999) • a positive impact on the lives of people and the • Public Service Laws Amendment Act, 1997 economy. (Act 47 of 1997) The Minister of Public Service and Adminis- • Public Service Laws Second Amendment Act, tration and union leaders launched the Public 1997 (Act 93 of 1997) Service Charter in August 2013. The charter is a • Public Service Regulations, 2001, as amended commitment between the State as the employer 31 July 2012. and labour, which seeks to professionalise and encourage excellence in the public service Role players and improve service delivery. It also introduces Community development workers (CDWs) service standards in the public service, with a During 2013, CDWs were able to link early child- call to public servants to meet and exceed them. hood development centres with programmes of the Department of Social Development. In the Anti-corruption bureau area of HIV and AIDS, CDWs disseminated The Minister of Public Service and Adminis- user-friendly information on these conditions tration launched the anti-corruption bureau to and mobilised communities to actively partici- fast-track disciplinary cases in the public sector. pate in HIV and AIDS-related awareness pro- The bureau would form part of amendments to grammes including World AIDS Day. the Public Service Act of 1994. To promote food security, CDWs identifi ed The amendments also include banning all indigent households and mobilised them to ben- public servants from doing business with the efi t from the departments of agriculture and rural government. development’s food security programmes. Cabinet and provinces have adopted a To contribute to job creation, CDWs played manual on procedures for recruiting, retaining a role in identifying and linking unemployed and dealing with those offi cials that resign. youths to government’s Expanded Public Works Uniform standards will be applied to all public Programme (EPWP) and Community Works servants across government. Programme. The bureau will conduct investigations, To empower CDWs with information on gov- institute disciplinary proceedings and work with ernment priorities, the department convened a existing law enforcement agencies, such as the national CDW conference for 500 CDWs from all Special Investigating Unit (SIU) and National provinces in March 2013. In 2013/14, the depart- Prosecuting Authority (NPA), and the other ment highlighted the role of CDWs as agents of related agencies such as, Financial Intelligence participatory democracy by emphasising their Centre (FIC) and South African Revenue Service functions which include: (Sars). • communicating government and other infor- Criminal cases will be referred to law mation to communities in an accessible way enforcement agencies. • providing feedback to government regarding The bureau also has to provide technical community experiences of service delivery assistance and advisory support to deal with and governance disciplinary matters in the public administration, • providing early warning to government of any while ensuring that the public sector applies obvious reduction in service standards and uniform disciplinary standards. performance that could lead to the collapse or A case management system allows offi cials to signifi cant impairment of overall service func- monitor the progress of cases to ensure that they tions are fi nalised speedily. By 2014, an agreement The Presidential Remuneration Commission, announced by was already in place with the NPA to ensure that President Jacob Zuma in the State of the Nation Address, whistle-blowers were protected. would ensure that there was a fair, equitable and effi cient remuneration system in the Public Service. Legislation and policies The commission reviewed the remuneration and condi- The department oversees the implementation of, tions of service policy in the Public Service and would make among others, the following legislation: recommendations concerning issues such as a suitable job • Public Service Act of 1994 as amended by classifi cation framework for nurses, doctors, teachers and Public Service Amendment Act, 2007 (Act 30 statisticians to establish the link between pay and responsi- bilities of specifi c jobs. of 2007) 216

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• reporting any corruption or irregularity encoun- of providing a better life for the country’s tered within the sphere of government, govern- citizens. ment departments, community organisations This would make it easier for government to or the private sector. develop the necessary skills in its human capital to deal with the challenges faced by South Public Service Commission (PSC) Africans across the board. The PSC is tasked with and empowered to, The summit aimed to create a platform for among other things, investigate, monitor and sharing views on the professionalisation of the evaluate the organisation and administration public service, and fi nding potential solutions to of the Public Service. This mandate entails the improving the delivery of quality public services evaluation of achievements, or lack thereof, of by building a public service that is devoted to government programmes. serving citizens and government. The PSC has an obligation to promote measures that will ensure effective and effi cient Government Employees Medical Aid performance within the Public Service and to Scheme (GEMS) promote values and principles of public adminis- While fi xing the Public Service, the department tration, as set out in the Constitution, throughout had to had to start by building a healthy, safe the Public Service. working environment for all public servants The Constitution mandates the commission to: because, ensuring a healthy workforce and a • promote the values and principles governing sound and enabling working environment is public administration essential for constructing a capable develop- • investigate, monitor and evaluate the organi- mental public service. sation, administration and the personnel Membership of GEMS continues to grow. The practices of the Public Service target for 2013 was 750 000 principal members • propose measures to ensure effective and of which 250 000 should be employees on salary effi cient performance within the Public Service levels 1 to 5. • give directions aimed at ensuring that personnel procedures relating to recruitment, Centre for Public Sector Innovation (CPSI) transfers, promotions and dismissals comply The CPSI was established to identify, support with the constitutionally prescribed values and and nurture innovation in the public sector to principles improve service delivery. • report its activities and the performance of its The CPSI works through partnerships with functions, including any fi ndings it may make other departments and state-owned enterprises and to provide an evaluation of the extent to (SOEs) to, for example, enhance the productive which it complies constitutionally with the capacity of visually impaired educators by prescribed values and principles providing data-card devices for them to access • either of its own accord or on receipt of any teaching material without the use of Braille. complaint: The CPSI runs targeted innovation pro- - investigate and evaluate the application grammes to support the outcomes of rural deve- of personnel and public-administration lopment, accelerated service delivery at local practices, and report to the relevant government level, as well as human settlement. executive authority and legislature - investigate grievances of employees in the State Information Technology Agency (Sita) Public Service concerning offi cial acts or Sita consolidates and coordinates the State’s omissions, and recommend appropriate IT resources to save costs through scale, to remedies increase delivery capabilities and improve - monitor and investigate adherence to interoperability. applicable procedures in the Public Service Sita is committed to government’s IT strategy, • advise national and provincial organs of state which seeks to leverage economies of scale, regarding personnel practices in the Public enhance the interoperability of government Service. systems, ensure system security, eliminate The Government Leadership Summit held in duplication and advance Black Economic Pretoria in April 2013 was told that a productive Empowerment. Its turnaround strategy would see civil service could help tackle the socio-economic Sita develop into an agency able to successfully challenges facing the country. deliver e-government services. An effective public service had to develop a deeper understanding of the constitu- tional imperatives and government mandate

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2013GOVERNMENT SYSTEMS_NEW.indd 217 2014/10/29 5:30 PM Government Information Technology • Burundi: rebuilding and strengthening its Offi cers Council (Gitoc) Public Service for it to run effectively and The Gitoc advises government on the application implementing capacity-building programmes of IT to improve service delivery. • Rwanda: capacity-building programmes and Its membership consists of the chief leadership development information offi cers from national departments • South Sudan: capacity-building in human and premiers’ offi ces. resources and enhancing legislative and The council has been involved in developing policy review. an IT security policy framework, IT procurement • For the fi rst time, government included the guidelines and e-government policy and strategy. participation of traditional leaders as one of the It also monitors government IT projects to avoid sectors in the Africa Peer Review Mechanism duplication. process. This move was necessitated by the fact that 70% of South Africa’s population is National School of Government (NSG) rural. The NSG (previously Public Administration • Through the Organisation for Economic Leadership and Management Academy) offers Cooperation and Development, South Africa training and development opportunities to public was asked to assist in developing a framework servants at national, provincial and local level of for civil society’s participation in the review of government. government programmes. This includes training of new public service employees as part of their probation, Public Service Month re-orientation of senior managers and orientation South Africa marks Public Service Month in Sep- of unemployed youth graduates, preparing them tember each year. for public service employment opportunities. It is a regular national event that requires The school is intended to educate, train, all the national and provincial departments to professionalise and develop a highly capable, participate by putting in place activities and cam- skilled and committed public service cadre, with paigns to improve service delivery. a sense of national duty and a common culture Public Service Month is a follow-up to and and ethos. mirrors the UN and Africa Public Service Day. It It will nurture a culture of professionalism takes place on 23 June every year. and innovative thinking and serve as a catalyst for reform and modernisation, in pursuit of a Batho Pele performance-oriented public service. The Batho Pele campaign, aimed at improving Core training will not be outsourced, but will be service delivery to the public, was implemented performed internally. in October 1997 and revitalised during the 2012 The school will provide everything from adult Public Service Month. basic education and training to higher education Batho Pele is a Sesotho phrase meaning courses, and will be registered to carry out the “People First”. necessary accreditation. From this concept, eight principles were The school is to be run like a customer- derived and made known in a White Paper as focused business, with participants having to the principles for transforming public service pay tuition fees. It is funded by PSeta and skills delivery, which are: development levies are drawn from departments’ • regular consultation with customers payrolls. • set service standards All new public servants will be required to • increased access to services undergo induction training. • higher levels of courtesy • more and better information about services Programmes and projects • increased openness and transparency about Continental Capacity Development services Programme • remedying failures and mistakes The DPSA continues to provide coordination for • giving the best possible value for money. the implementation of the Continental Capacity Development Programme. Batho Pele Awards South Africa is engaged in several post-confl ict Hard-working and dedicated public servants, interventions in several countries, namely: those doing their bit behind the scenes to make • the Democratic Republic of Congo (DRC): the country a better place over the last 20 years developing and implementing the Anti-Corrup- of democracy, were given their time to shine in tion Framework, the public service Census November 2013, at the inaugural Batho Pele and capacity-building programmes Excellence Awards. 218

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The winners were: at its disposal the tools to leverage a massive • Dr Kelly Gate, a surgeon from the Bethesda portfolio for economic development. Hospital in KwaZulu-Natal, won the Best The DPW manages 2 788 leased properties in Overall Batho Pele Award and gold for Best South Africa, all of which have been reviewed. Public Service Leader of the Year. Of these 1 316 needed attention, revision • Former Chairperson of the Public Service or renewal, while 365 have already been Commission, Professor Stan Sangweni; addressed. South Africa’s oldest teacher, Nontsikelelo Recommendations for the remaining 951 Qwelani and former Secretary of Parliament, leases were expected to be in place by the end Ambassador Sindiso Mfenyana, were of June 2013. honoured with The Public Service Lifetime The DPW experienced challenges when it Achiever Awards. opted for a turnaround project to rebuild the • Nosipho Ncaba, Director-General (DG) of department. the Department of Environmental Affairs, A Business Improvement Unit was created to scooped the award for Best National Head of drive this process. Department. The core of this unit is located in the offi ce of • Constable Mapule Tshepe from Kagiso Police the DG to ensure that the process is not derailed Station won the Best National Frontline in the event of the Minister being recalled. Service Award. The turnaround strategy homed in on fi ve • The Department of Science and Technology areas, including developing a credible register received an award for Best Functioning of State immovable assets, auditing leases, and National Department. reducing fraud and corruption. • The Department of Community Safety in the Working closely with the SIU, the department Western Cape won the Best Functioning investigated a number of irregular leases and Provincial Department Awards. projects, with 23 out of a total of 40 investi- • The Best Implemented Project of the Year gations completed. Award went to the KwaZulu-Natal Schools Environmental Education Programme. Expanded Public Works • The National Department of Public Enterprises Programme scooped the award for Best Department on The EPWP remains an effective part of govern- Professional Ethics. ment’s response to the triple challenge of • The Department of Cooperative Governance, poverty, unemployment and inequality. Housing and Traditional Affairs in Limpopo Through the EPWP, projects such as building was awarded Best Public Service Creative low-cost bridges over rivers, were making a real Innovator of the Year for its New Engine Server. difference to people’s lives. The awards will be extended to cover the entire The initial target in the second phase of the public service. It is hoped that the awards will EPWP, for the period 2009 to 2014, was to reinforce the diligence of public servants and the create 4,5 million work opportunities. compassion they show to people. This target had been increased to nearly fi ve million new work opportunities, with a special Department of Public Works emphasis on unemployed youth and women. (DPW) Some 8 000 youth were recruited for artisan By May 2013, South Africa was well on track training to be employed by the national and with the creation of an Assets Register intended provincial branches of the Department of Public to accurately refl ect for the fi rst time the State’s Works. assets. The projects carried out by the EPWP sought To establish an Immovable Assets Register, the to improve the quality of life of poor communities, records of 180 000 land parcels, which ascribed in particular. custodianship to a responsible department or Road maintenance projects; the Working for level of government, were investigated. Water projects, which also involve the removal of A physical verifi cation process started in July alien vegetation; Home Community Based Care 2013 and by 31 March 2015 an Immovable projects; the Community Safety Programme and Assets Register was expected to be completed. a cemetery maintenance programme piloted Still waiting to be completed was the allocation in rural municipalities are among the projects of custodianship of 4 500 land parcels, while that made a positive impact on the lives of poor about 24 000 land parcels also had to be vested. communities. This process would be rounded off by March Departments should investigate an ex- 2016. With a sustainable register of State panded role for the EPWP in the roll-out of immovable assets in place, the department has the Strategic Integrated Projects (SIPs), and 219

2013GOVERNMENT SYSTEMS_NEW.indd 219 2014/10/29 5:30 PM ensure that government departments and will house the necessary biometric data unique to SOEs all use the EPWP and labour-intensive every individual. The information on the chip will methodology to maximise job creation. be laser-engraved to prevent tampering. It would take between six and eight years for all Budget South Africans to get smart ID cards, which would The departmental budget allocation was replace green ID books. R6,2 billion in 2013/14. The department’s The department was in the process of adjusted baseline refl ects the ongoing reorgani- retrofi tting 27 regional offi ces with technology, so sation and includes the reprioritisation of R827 that applicants’ information could be captured on million to the Administration and the Immovable the spot. The department will expand the number Asset Management programmes to provide for of offi ces in 2014 to over 140. the implementation of the turnaround programme The machines that would print the new smart in the department. ID cards, were named after women veterans who Capital projects created some 40 000 jobs led the Women’s March to the Union Buildings during 2013/14. in 1956 – Helen Joseph, Lilian Ngoyi, Sophie de Some 300 capital projects were expected to Bruyn and Rahima Moosa. be completed by the end of March 2014. The fi rst issue of a smart ID card is free of The erosion of core professional services charge, but cards issued subsequently cost in the department has negatively affected its R140, which is the fee for the green ID book. The ability to deliver on its mandate. The department department expects to replace six million a year secured a budget appropriation of R66 million or 500 000 a month. That means that the smart to fi ll 88 out of 219 vacant and unfunded core card machines will produce 3 000 per hour, or professional positions. 24 000 in an eight-hour day, or 480 000 a month. This rate of production can be increased in future, Department of Home Affairs if required, by adding a second eight-hour daily (DHA) shift to bring production to 960 000 per month or The DHA is the custodian of the identity of nearly 12 million cards a year. all South African citizens, critical to which The national roll-out of the new smart ID cards is the issuance of birth, marriage and death was expected to cost about R5,34 billion. This certifi cates; identity documents (IDs) and was based on the 38,2 million IDs registered in passports; as well as citizenship; naturali- the National Population Register as at May 2013. sation and permanent residency certifi cates. This goes beyond merely issuing documents. Budget It encompasses the safe maintenance and The department’s budget for the 2013/14 fi nancial archiving of biometric and demographic records year was set at R6,7 billion. Departmental of citizens and residents of the country. programmes received R4,8 billion, of which R1,8 The department is also responsible for the billion was allocated to the provinces. The Film effective, secure and humane management of and Publication Board received R82 million. The immigration. Electoral Commission received R1,6 billion. The Statutory bodies falling under the department Government Printing Works received R134 mil- are the: lion. • Immigration Advisory Board • Standing Committee for Refugee Affairs Legislation and policies • Refugee Appeal Board. The department oversees the implementation of, A major focus for the DHA is the transformation among others, the following legislation: of the department, so that it can deliver a service • South African Citizenship Act, 1995 (Act 88 of that is effi cient, accessible and corruption-free. 1995) Several closely related strategic drivers are used • Births and Deaths Registration Amend- in this regard. ment Act, 2010 (Act 18 of 2010) The most important strategy is to capacitate • The South African Citizenship Amendment staff and establish a new culture and values Act, 2010 (Act 17 of 2010) through the organisation. The phased roll-out • Refugees Act, 1998 (Act 130 of 1998) of the smart ID card was launched on Nelson • Immigration Act, 2002 (Act 13 of 2002), as Mandela Day, 18 July 2013. The smart ID cards amended by the Immigration Amendment Act, will eliminate the fraudulent use of fake or stolen 2004 (Act 19 of 2004) IDs, as they are nearly impossible to duplicate • Immigration Amendment Act, 2011 (Act 13 or counterfeit. The new smart ID card will have of 2011) which provides for, among others, a microchip, the specifi cations for which cannot revising provisions relating to the Immigration be disclosed for security reasons. The microchip Advisory Board 220

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• Refugees Act, 1998 (Act 130 of 1998) gives • born of non-South African parents in South effect within South Africa to the relevant Africa, may, at the age of 18 years, apply for international legal instruments, principles and naturalisation; while they are minors, such standards relating to refugees; provides for the children will retain the citizenship of their reception into South Africa of asylum seekers; parents regulates applications for and recognition of • with no claim to any citizenship will be given refugee status; and provides for the rights South African citizenship, in accordance with and obligations fl owing from such status, and international law and practice. related matters • Immigration Act, 2002 (Act 13 of 2002), which Citizenship provides for a stricter immigration policy to South African citizenship may be granted by way control illegal immigration. Implementation of of: administrative fi nes and other measures came • birth or descent into effect in 2003; the Act was later amended • an application for naturalisation as a South to clarify and revise immigration and permit African citizen procedures to facilitate importing skills • an application for resumption of South African • The Refugee Amendment Act, 2011 (Act 12 citizenship of 2011), which contains certain amendments • registration of the birth of children born to eliminate abuse of the asylum system and outside South Africa to South African fathers redefi nes in a clear and transparent manner or mothers the criteria for refugees seeking asylum • an application for exemption, in terms of • South African citizenship is regulated by the Section 26(4) of the Act. South African Citizenship Act, 1995 (Act 88 of 1995), and regulations issued in terms thereof. National Population Register In October 2010, the National Assembly adopted To encourage parents to register their babies the South African Citizenship Amendment and within 30 days of delivery, 344 hospitals, clinics Births and Deaths Registration Amendment and healthcare facilities were connected to Bills. The Births and Deaths Registration Amend- the DHA in 2013. Offi cials visited 88 hospitals ment Act, 2010 (Act 18 of 2010) seeks to stream- and other healthcare centres for collection of line the procedures related to the following: registration forms. • who, other than parents, should register the birth of a child, including the next-of-kin or a Immigration legal guardian The DHA’s National Immigration Branch is re- • the registration of orphans and abandoned sponsible for control over the admission of children foreigners for residence and departure from • simplifying the process for the change of South Africa. The immigration policy aims to: surnames of children and adults • discourage illegal migration into South Africa • paternity, including steps to be followed when by encouraging foreign nationals to apply for a mother registers a child under one father relevant permits to legalise their stay in the and later changes to another country • registration of birth after 30 days • create an enabling environment for foreign • registration of adopted children to ensure direct investment in South Africa alignment to the Children’s Act, 2005 (Act 38 • attract scarce skills required by the economy, in of 2005). accordance with the 2014 vision of eradicating The South African Citizenship Amendment Act, poverty and underdevelopment 2010 (Act 17 of 2010) amends provisions of the • temporary and permanent residence permits South African Citizenship Act of 1995 that deal issue as expeditiously as possible and with citizenship by birth and naturalisation, and according to simplifi ed procedures the loss of citizenship in terms of the mandate • ensure that security considerations are fully of the DHA. satisfi ed and the State regains control over the The South African Citizenship Amendment Act immigration of foreigners to South Africa of 2010, among others, ensures that a child: • ensure that economic growth is promoted • born to a South African parent inside or outside through the employment of needed foreign the country is a South African by birth, as long labour; foreign investment is facilitated; the entry as the child is registered according to South of exceptionally skilled or qualifi ed people is African law enabled and academic exchange programmes • born of non-South African parents, but in the Southern African Development Com- adopted by South African parents is a citizen munity (SADC) are facilitated by descent • ensure that tourism is promoted 221

2013GOVERNMENT SYSTEMS_NEW.indd 221 2014/10/29 5:30 PM • ensure that the contribution of foreigners Luxembourg on the exemption of visa to the South African labour market does not requirements for holders of diplomatic, offi cial adversely affect existing labour standards and and service passports. the rights and expectations of South African An agreement was also signed with Italy on the workers exemption of visa requirements for holders of • ensure that a policy connection is maintained valid diplomatic and service passports. between foreigners working in South Africa South Africa and Spain signed an agreement and the training of South African citizens regarding visa requirements for holders of • ensure that a human-rights-based culture of diplomatic passports and South Africa signed an enforcement is promoted. agreement with Panama concerning reciprocal The department prioritised the issuance of quota exemption from visa requirements for holders work permits to foreigners who fall within specifi c of diplomatic, offi cial, consular and special occupational classes or specifi c professional passports. categories. In this context, details of specifi c occupational Control of travellers classes and specifi c professional categories and People arriving in South Africa by air, sea or land the applicable quotas are published annually in have to pass through customs control, where they the Government Gazette, after consultation with may be questioned and their baggage scanned other stakeholder departments. or searched for dutiable, restricted or prohibited The Immigration Amendment Act provides for, goods. Visitors found with undeclared, restricted among other things: or prohibited goods, could be fi ned or may face • revising provisions relating to the Immigrating prosecution. Advisory Board South Africa acceded to the Admission • revising provisions relating to the making of Temporaire/Temporary Admission (ATA) con- regulations vention in 1975, which means foreign visitors • the designation of ports of entry companies and individuals can approach • revising provisions relating to visas for their local chambers of commerce for advice temporary sojourn in South Africa regarding the issuing of an ATA Carnet for the • the mandatory transmission and use of temporary import of certain goods in a simplifi ed information on advance passenger processing method. An example would be broadcasters or • the transmission of passenger name record sponsors of international sporting events taking information place in South Africa. • revising provisions relating to permanent residence Control of sojourn • revising penal provisions. Foreigners who are in the country illegally and are, therefore, guilty of an offence may be Visas classifi ed into three categories, namely those Foreigners who wish to enter South Africa must who: be in possession of valid and acceptable travel • entered the country clandestinely documents. They must have valid visas, except • failed to renew the temporary residence in the case of certain countries whose citizens permits issued to them at ports of entry are exempt from visa control. Such exemptions • breached the conditions of their temporary are normally limited to permits, which are issued residence permits without permission, such for 90 days or less at the ports of entry. as holiday visitors who took up employment or The visa system is aimed at facilitating the started their own businesses. admission of acceptable foreigners at ports of Depending on the circumstances, people who entry. The visa becomes a permit upon entry; are in South Africa illegally are prosecuted, therefore, no additional permit will be issued. South Africa also signed visa waiver In March 2013, the Department of Home Affairs stopped issuing abridged birth certifi cates and now only issues una- agreements with Belgium, the Netherlands, bridged certifi cates. The unabridged certifi cates are issued Luxembourg, Italy, Panama and Spain, in April on the spot, thus reducing turnaround time. The unabridged 2013. certifi cates contain the parents’ particulars in full – identity With a view to enhancing economic, cultural numbers, names in full, place of birth and citizenship – at and humanitarian ties, South Africa signed visa the time of the baby’s birth. waiver agreements with several countries in An unabridged birth certifi cate is required for overseas February 2013. travel, claiming citizenship by descent and applying for An agreement was signed with the Benelux permanent residence, as well as nationally for insurance States of Belgium, the Netherlands and claims or any other purpose where proof is required of the identity of the individual’s parents.

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removed, or their sojourn is legalised. Offi cers • work permits with the following categories: at the various regional and district offi ces -quota work permits of the department are in charge of tracing, -general work permits prosecuting and removing illegal foreigners -intra-company transfer work permits from the country. Employers of illegal foreigners -exceptional skills work permits may also be prosecuted. -corporate work permits -retired person permits Permanent residence -exchange permits Government allows immigration on a selective • asylum permits. basis. The DHA is responsible for: In terms of Section 11, a visitor’s permit may be • processing applications for immigration per- issued to a person who intends to enter South mits for consideration Africa for less than 90 days for the purpose of • admitting people suitable for immigration, such tourism, business, education or medical treatment. as skilled workers in occupations in which Foreigners who are exempt from visa there is a shortage in South Africa. requirements may proceed to a port of entry The department particularly encourages applica- where visitors’ permits for the mentioned period tions by industrialists and other entrepreneurs will be issued, provided such people can produce who wish to relocate their existing concerns, or evidence to prove their bona fi des. to establish new concerns in South Africa. Foreigners who are citizens of countries that The department is not directly involved in an are exempted from visa requirements for less active immigration drive. In categories where than 90 days may obtain visitors’ permits at a shortages exist, the normal procedure is for port of entry. Such foreigners enjoy exemption employers to recruit abroad independently and, for this period only. Foreigners who require a in most cases, initially apply for temporary work visa prior to proceeding to South Africa, or who permits. intend to enter South Africa for any period longer The department considers the applications for than the period for which they are exempt from immigration permits of prospective immigrants the visa requirement, must apply for and obtain a who wish to settle in the relevant provinces. visa prior to proceeding to the country. In terms of new regulations, regions will be Foreigners who intend to accept an offer of responsible for issuing permits previously employment, start a business, take up studies issued by the regional committees, in respect or enter South Africa for any purpose for which of permanent residence. They will also do so a temporary residence permit is provided for in in respect of temporary residence. Enquiries in the Act, must apply for an appropriate temporary this regard may be made to the nearest offi ce residence permit via the South African diplomatic of the DHA in South Africa, to missions abroad, representative in their country of origin/residence. or to the DG of the DHA for the attention of the In countries where there are no representatives, Directorate: Permitting, in Pretoria. applications must be submitted in the nearest The department has prioritised temporary country where there is a foreign representative. residence permits, as this category of foreigners The outcome must be awaited outside South is at risk of being in the country illegally, if their Africa and applicants may only proceed to South applications are not fi nalised in time. Africa once the permit as applied for has been The department will prioritise applications for issued to them. The overriding consideration permanent residence permits from holders of when dealing with applications for work permits is quota work permits and exceptional skills work whether the employment or task to be undertaken permits, in line with the country’s objective of cannot be performed by a South African citizen attracting critical skills. or an approved permanent immigrant already residing in South Africa. Temporary residence Applications for the extension of temporary In terms of the Immigration Act of 2002, residence permits must be submitted at least 30 temporary residence permits are divided into the days prior to the expiry date of the permit, at the following categories: nearest regional/district offi ce of the DHA where • visitors’ permits the applicant is employed. • diplomatic permits Any enquiries related to temporary residence • study permits permits may be directed to the nearest regional/ • treaty permits district offi ce of the DHA in South Africa, to South • business permits African diplomatic representatives abroad, or • crew permits to the DG of the DHA, for the attention of the • medical permits Directorate: Permitting. • relatives’ permits

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2013GOVERNMENT SYSTEMS_NEW.indd 223 2014/10/29 5:30 PM Asylum seekers Based in Pretoria, the printing works provides In June 2013, the Minister of Home Affairs a variety of related services to other government reconfi rmed the department’s intention to ensure departments, the printing industry and other that applications for asylum in South Africa are African countries, including manufacturing and adjudicated more effi ciently, while providing supplying fi ngerprint ink to the South African effective and humane administrative assistance Police Service, and printing postage stamps for to genuine refugees. the DRC and Lesotho. With a view to ensuring South Africa is able to contribute to making the lives of refugees and Learning Academy asylum seekers more humane, steps were taken The Learning Academy deals with issues of to process applications more effi ciently and fairly. learning and development, research, knowledge The department reviewed its procedures and and information management within Home Affairs. implemented a fast-track capacity to process The academy has three main sections, namely: application status. • Learning Programme Delivery The annual commemoration of World Refugee • Research and Information Management Day as declared by the UN High Commis- • Quality and Stakeholder Management. sioner for Refugees (UNHCR) takes place in It forms part of the support for the department’s June. Consistent with its intention over the last core business of offering immigration and civic few years to highlight the plight of refugees, the services for South Africa. UNHCR declared the theme for 2013 as “One The academy has registered the National family torn apart by war is one too many”. Certifi cate of Home Affairs Services with the The department strengthened its partnerships SAQA. This qualifi cation has three speciali- with international organisations, including the sations, namely: Refugee Affairs, Immigrations UNHCR. This extends to fi nding durable solutions and Civic Services. The department is accredited for refugees after the UN has declared a cessation by the Pseta as a site for learning, allowing the and they are able to return to their homeland. Learning Academy to enrol learners for the Government liaised closely with neighbouring registered home affairs qualifi cations. countries as part of developing a regional The academy also offers generic learning response to asylum seeker and refugee and development such as customer services, management within the SADC. management development, programmes and training in uniform processes and procedures of Removal of undesirable people the services offered by the department. In terms of legislation, the Minister of Home Managing research in the DHA entails coordi- Affairs may order the deportation of any person nating research projects that external scholars and who is declared undesirable or prohibited, other researchers want to conduct on the department. than an asylum seeker. The Research Management Unit also identifi es These are foreign nationals who are in South research areas within the department that can Africa illegally and should be deported to the assist in better delivery of the department’s countries of which they are citizens or territories services. where they have rights of domicile or residence. Any person who has become a deportation subject may, pending his or her deportation, be detained in a manner and at a place determined by the DG of the DHA. Role players Government Printing Works (GPW) The GPW, a division of the DHA, is a South African security printing specialist that deals with the printing of passports, visas, birth certifi cates, smart ID-cards and examination materials, as well as government stationery and publications, such as tender bulletins and government gazettes. It does this by continuously updating its security printing technology and today, boasts a new state- of-the-art facility that has been benchmarked internationally and is widely divergent from its humble beginnings.

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