SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

The Constitution of the Republic of , 1996 was the result of remarkably detailed and inclusive negotiations that were carried out with an acute awareness of the injustices of the country’s non- democratic past. It took effect on 4 February 1997.

295 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

The Constitution (legislative authorities), governments (executive The Constitution is the supreme law of the land. No authorities) and courts (judicial authorities) are other law or government action can supersede the separate from one another. provisions of the Constitution. South Africa’s Constitution is one of the most progressive in the Parliament world and enjoys high acclaim internationally. Parliament is the legislative authority of South Africa and has the power to make laws for the country in The Preamble accordance with the Constitution. It consists of the The Constitution’s Preamble states that the National Assembly and the National Council of Constitution aims to: Provinces (NCOP). Parliamentary sittings are open to • heal the divisions of the past and establish a the public. Since the establishment of Parliament in society based on democratic values, social 1994, a number of steps have been taken to make justice and fundamental human rights it more accessible and to motivate and facilitate • improve the quality of life of all citizens and free public participation in the legislative process. the potential of each person The website www.parliament.gov.za encourages • lay the foundations for a democratic and open comment and feedback from the public. society in which government is based on the will of the people, and in which every citizen is National Assembly equally protected by law The National Assembly consists of no fewer than • build a united and democratic South Africa that is 350 and no more than 400 members elected able to take its rightful place as a sovereign state through a system of proportional representation. in the family of nations. The National Assembly, which is elected for a term of five years, is presided over by the Speaker, Founding provisions assisted by the Deputy Speaker. The National According to Chapter One of the Constitution, South Assembly is elected to represent the people and to Africa is a sovereign, democratic state founded on ensure democratic governance as required by the the following values: Constitution. It does this by electing the President, • human dignity, the achievement of equality and providing a national forum for public consideration the advancement of human rights and freedom of issues, passing legislation, and scrutinising and • non-racialism and non-sexism overseeing executive action. • supremacy of the Constitution • universal adult suffrage, a national common National Council of Provinces voters’ roll, regular elections and a multiparty The NCOP consists of 54 permanent members and system of democratic government to ensure 36 special delegates, and aims to represent accountability, responsiveness and openness. provincial interests in the national sphere of government. Delegations consist of 10 represen - Fundamental rights tatives from each province. The NCOP must have a The fundamental rights contained in Chapter Two of mandate from the provinces before it can make the Constitution seek to protect the rights and certain decisions. It cannot, however, initiate a Bill freedom of individuals. The Constitutional Court (CC) concerning money, which is the prerogative of the guards these rights and determines whether actions Minister of Finance. NCOP Online! (www.parliament. by the State are in accordance with constitutional gov.za/ncop) links Parliament to the provincial provisions. legislatures and local-government associations. It provides information on draft legislation and allows Government the public to make electronic submissions. The Government consists of national, provincial and NCOP, which celebrated its 10th anniversary on local spheres, which are distinctive, interdependent 11 April 2007, came into existence on 6 February and interrelated. The powers of the law-makers 1997.

296 Law-making The Deputy President Any Bill may be introduced in the National The President appoints the Deputy President from Assembly. A Bill passed by the National Assembly among the members of the National Assembly. The must be referred to the NCOP for consideration. Deputy President assists the President in executing A Bill affecting the provinces may be introduced government functions. in the NCOP. After it has been passed by the The Deputy President of South Africa is council, it must be referred to the assembly. Ms Phumzile Mlambo-Ngcuka. A Bill concerning money must be introduced in the assembly and referred to the NCOP for Cabinet consideration and approval after being passed. The Cabinet consists of the President, as head of the If the council rejects a Bill or passes it subject to Cabinet, the Deputy President and ministers. The amendments, the assembly must reconsider the President appoints the Deputy President and Bill and pass it again with or without amendments. ministers, assigns their powers and functions and There are special conditions for the approval of may dismiss them. laws dealing with provinces. The President may select any number of ministers from among the members of the National Assembly, The President and may select no more than two ministers from The President is the Head of State and leads the outside the assembly. Cabinet. He or she is elected by the National The President appoints a member of the Cabinet Assembly from among its members, and leads the to be the leader of government business in the country in the interest of national unity, in National Assembly. accordance with the Constitution and the law. The President of South Africa is Mr . Deputy ministers The President appoints deputy ministers from among the members of the National Assembly.

Traditional leadership Parliament launched its new logo in on 27 March 2007. The new emblem is an important step in creating the Chapter 12 of the Constitution states that the identity of Parliament, representing its values, vision and institution, status and roles of traditional leader - mission. ship, according to customary law, are recognised, The new emblem was the result of a democratic process subject to the Constitution. involving its members, officials and the people of South Africa. The new emblem centres around four key elements: The Chief Directorate: Traditional Leadership and • Our Constitution lays the foundation for a democratic and Institutions in the Department of Provincial and open society based on democratic values, social justice Local Government provides support to traditional and fundamental human rights. It is the supreme law of leaders and institutions, and is responsible for the the country and ensures government by the people under the Constitution. development of policy in this regard. • Our People – A people’s Parliament of freely elected It renders an anthropological service, and representatives that builds on the foundation of a provides advice and support regarding governance democratic and open society. Parliament acts as a voice and development matters. It advises and supports of the people, providing a national forum for the public consideration of issues. the National House of Traditional Leaders and • Our Parliament – The drum calls the National Assembly maintains a database of traditional leaders and and the National Council of Provinces to consider national institutions. and provincial issues, ensuring government by the people It is also responsible for developing and under the Constitution. • Our South Africa – The sun represents the healing of the implementing a regulatory framework for the divisions of the past, improving the quality of life of all protection of the rights of cultural, religious and South Africans, freeing the potential of each person and linguistic communities. building a united and democratic South Africa to take its rightful place as a sovereign state in the family of nations. Traditional councils The stipulations of Chapter 12 of the Constitution and the advent of democracy required the transformation of the composition of traditional councils. Therefore, legislation has transformed the composition of traditional councils to provide for elements of democracy (40% of members must be

297 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM elected) and gender representivity (one third of objectives and functions promote the role of members must be women). traditional leadership within a democratic Legislation has also opened a window of constitutional dispensation, enhance unity and opportunity for municipalities and traditional understanding among traditional communities and councils to achieve co-operative governance. advise national government. Traditional councils have been given a strong voice Provincial houses of traditional leaders were in development matters and may now enter into established in all six provinces that have traditional partnerships and service-delivery agreements with leaders, namely the , KwaZulu-Natal, government in all spheres. the Free State, Mpumalanga, Limpopo and North West. Houses of traditional leaders The Traditional Leadership and Governance The Constitution mandates the establishment of Framework Act, 2003 (Act 41 of 2003), provides for houses of traditional leaders by means of either the establishment of local houses of traditional provincial or national legislation. leaders. The National House of Traditional Leaders was The national and provincial houses of traditional established in terms of the National House of leaders enhance the co-operative relationships Traditional Leaders Act, 1997 (Act 10 of 1997). Its within national and provincial government, while the establishment of local houses of traditional leaders will deepen and cement the relationship between municipalities and traditional leaders on customary law and development initiatives. President Thabo Mbeki was born on 18 June 1942 in In May 2007, the National House of Traditional Idutywa, Queenstown, in the Eastern Cape. He joined the Leaders celebrated its 10th anniversary. African National Congress (ANC) Youth League at the age of 14 and in 1961 was elected secretary of the African Students’ By July 2007, all provinces had adopted Association. regulations that guide the drafting of provincial He was involved in underground activities after the regulations for the transformation of traditional banning of the ANC in 1960, until he left South Africa in 1962. authorities into traditional councils and the He continued his studies in the United Kingdom (UK) and obtained a Master of Arts (Economics) at the University of establishment of local houses. Sussex. While in the UK, he mobilised the international Eleven departments had agreed to participate in student community against and worked at the the process of allocating roles and functions to London office of the ANC for several years. He also underwent traditional leadership. military training in what was then the Soviet Union. From 1973, Mr Mbeki worked in Botswana, Swaziland, Nigeria and Zambia and became a member of the ANC’s Commission on Traditional Leadership National Executive Committee in 1975. Between 1984 and Disputes and Claims 1989, he was director of the ANC’s Department of The commission was established in terms of Information. He led the organisation’s delegations, which met groups from inside South Africa in Dakar, Senegal, and Section 22(1) of the Traditional Leadership and elsewhere. In 1989, he headed the delegation that held talks Governance Framework Act, 2003. with the apartheid government, which led to agreements on The main objective of the commission is to the unbanning of political organisations and the release of investigate and make findings on traditional- political prisoners. He also participated in negotiations preceding the adoption of South Africa’s Interim Constitution leadership disputes and claims. in 1993. Following the first democratic election in 1994, Mr Mbeki Department of Provincial and Local was appointed Executive Deputy President. In 1997, he was Government elected President of the ANC, and in June 1999, after the country’s second democratic election, he succeeded The national department’s mandate is derived from Mr Nelson Mandela as President of South Africa. chapters 3 and 7 of the Constitution. Its functions Mr Mbeki’s inauguration as the country’s third are to develop national policies and legislation democratically elected President on 27 April 2004 coincided regarding provinces and local government, and to with the celebration of 10 Years of Freedom. support and monitor the implementation of and

298 compliance with the following regulatory • Local Government: Municipal Finance frameworks: Management Act, 2003 (Act 27 of 2003) • White Paper on Local Government (1998) • Municipal Property Rates Act, 2004 (Act 6 of • Local Government: Municipal Demarcation Act, 2004) 1998 (Act 27 of 1998) • Intergovernmental Relations (IGR) Framework • Local Government: Municipal Structures Act, Act, 2005 (Act 13 of 2005). 1998 (Act 117 of 1998) The department’s vision is to create a capable and • Local Government: Municipal Systems Act, 2000 well-integrated system of government working (Act 32 of 2000) together to achieve sustainable development and • Disaster Management Act, 2002 (Act 57 of 2002) enhanced service delivery in a developmental state. • Traditional Leadership and Governance The department’s mission is to provide Framework Act, 2003 professional and technical support to government by:

Cabinet ministers and deputy ministers, as on 1 December 2007 Portfolio Minister Deputy Minister Agriculture and Land Affairs Dirk du Toit Arts and Culture Ntombazana Botha Communications Ivy Matsepe-Casaburri Radhakrishna Padayachie Correctional Services Loretta Jacobus Defence Mluleki George Education Environmental Affairs and Tourism Joyce Mabudafhasi Finance Jabu Moleketi Foreign Affairs Nkosazana Dlamini Zuma Aziz Pahad and Sue van der Merwe Health Manto Tshabalala-Msimang – Home Affairs Nosiviwe Mapisa-Nqakula Malusi Gigaba Housing – Intelligence Services – Justice and Constitutional Development Johnny de Lange Labour – Minerals and Energy – Provincial and Local Government Nomatyala Hangana The Presidency – Public Enterprises – Public Service and Administration Geraldine Fraser-Moleketi – Public Works Ntopile Kganyago Safety and Security Susan Shabangu Science and Technology Derek Hanekom Social Development Jean Swanson-Jacobs Sport and Recreation Gert Oosthuizen Trade and Industry Mandisi Mpahlwa Rob Davies and Elizabeth Thabethe Transport – Water Affairs and Forestry –

299 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

• developing appropriate policies and legislation to • agriculture promote integration in government’s development • casinos, racing, gambling and wagering programmes and service delivery • cultural affairs • providing strategic interventions, support and • education at all levels, excluding university and partnerships to facilitate policy implementation university of technology education by the provinces and local government • environment • creating enabling mechanisms for communities • health services to participate in governance. • housing The department has adopted a set of values that is • language policy informed by the Batho Pele (People First) principles • nature conservation and focuses on the following: • police services • dedication to professional development and • provincial public media service delivery • public transport • professionalism in the conduct of all employees • regional planning and development • leading and participating in service delivery • road-traffic regulation • being goal-orientated in undertaking its mandate. • tourism The activities of the Department of Provincial and • trade and industrial promotion Local Government are organised under the • traditional authorities following seven branches: • urban and rural development • Corporate Services • vehicle licensing • Governance, Policy and Research • welfare services. • Urban and Rural Development These powers can be exercised to the extent that • Systems and Capacity-Building provinces have the administrative capacity to • Free Basic Services and Infrastructure assume effective responsibilities. • Monitoring and Evaluation. Provinces also have exclusive competency over a number of areas, which include: Provincial government • abattoirs In accordance with the Constitution, each of the • ambulance services nine provinces has its own legislature, consisting of • liquor licences between 30 and 80 members. The number of • museums other than national museums members is determined in terms of a formula set • provincial planning out in national legislation. The members are elected in terms of proportional representation. The executive council of a province consists of a premier and a number of members (MECs). Premiers are appointed by the President of the The introduction of the Intergovernmental Relations Framework Act, 2005 (Act 13 of 2005), is starting to country. demonstrate how intergovernmental relations can be Decisions are taken by consensus, as is the case improved. In most provinces, intergovernmental structures in the national Cabinet. Besides being able to make have begun to assume a strategic role in forging co- provincial laws, a provincial legislature may adopt a operation between the different spheres of government. These structures also seek to improve integrated constitution for its province if two thirds of its development plans (IDPs) and enable government to deliver members agree. services effectively and closer to local communities. However, a provincial constitution must The Department of Provincial and Local Government co- correspond with the national Constitution as ordinates an intergovernmental process of engagements that is expected to achieve significant results through IDPs. confirmed by the CC. This effort is starting to yield results with improvements in According to the Constitution, provinces may the adoption rate of municipal plans and budgets, and better have legislative and executive powers, concurrent integration between capital and operational budgets within with the national sphere, over: these IDPs.

300 Members of the executive councils of provincial governments, as on 1 October 2007 Eastern Cape KwaZulu-Natal Ms Premier Mr Sibusiso Ndebele Premier Mr Gugile Nkwinti Agriculture Mr Mtholephi Agriculture and Mr Johny Makgato Education Mthimkhulu Environmental Affairs Mr Mbulelo Sogoni Economic Affairs, Ms Ina Cronjé Education Environment and Tourism Ms Weziwe Thusi Arts, Culture and Tourism Mr Billy Nel Finance Dr Finance and Economic Ms Nomsa Jajula Provincial Treasury Development Ms Thokozile Xasa Housing, Local Government Ms Neliswa Nkonyeni Health and Traditional Affairs Mr Mike Mabuyakhulu Local Government, Mr Thobile Mhlahlo Safety, Liaison and Housing and Transport Traditional Affairs Mr Christian Martin Roads and Public Works Dr Meschack Hadebe Social Welfare and Ms Noxolo Abrahams- Sport, Recreation, Arts and Population Development Ntantiso Culture Ms Lydia Johnson Public Works Mr Sam Kwelita Social Development Mr Transport, Community Safety and Liaison Free State Mr Amichand Rajbansi Sport and Recreation Ms Beatrice Marshoff Premier Limpopo Ms Suzan Mnumzana Agriculture Mr Cusca Mokitlana Education Mr Sello Moloto Premier Mr Neo Masithela Tourism, and Environmental Dr Education and Economic Affairs Mr Saad Cachalia Provincial Treasury Ms Zanele Dlungwana Public Safety and Liaison Mr Charles Sekoati Health and Social Mr Sakhiwo Belot Health Development Mr Joel Mafereka Local Government and Ms Maite Nkoana- Local Government Housing Mashabane and Housing Mr Pule Makgoe Provincial Treasury Mr Collins Chabane Economic Development, Mr Seiso Mohai Transport, Roads and Environment and Tourism Public Works Ms Dikeledi Magadzi Agriculture Ms Mantsheng Tsopo Social Development Dr Joyce Mashamba Sport, Arts and Culture Mr Ace Magashule Sport, Arts and Culture Mr Justice Pitso Roads and Transport Ms Samson Ndou Security and Liaison Gauteng Ms Machuene Semenya Public Works Mr Mbhazima Shilowa Premier Mpumalanga Mr Khabisi Mosunkutu Agriculture, Conservation and Environment Mr Premier Ms Dorothy Mahlangu Local Government Ms Dinah Pule Agriculture, Conservation, Ms Angelina Motshekga Education Environment and Land Mr Paul Mashatile Finance and Economic Affairs Reform Mr Brian Hlongwa Health Mr Craig Padayachee Economic Development and Ms Nomvula Mokonyane Housing Planning Mr Firoz Cachalia Community Safety Mr Siphosezwe Masango Education Ms Sport, Arts, Culture and Mr William Lubisi Health and Social Recreation Development Mr Kgaogelo Lekgoro Social Development Ms Candith Mashego- Local Government and Mr Ignatius Jacobs Public Transport, Roads and Dlamini Housing Works Mr Madala Masuku Public Works Ms Mmathulare Coleman Finance Mr Jabulani Mahlangu Culture, Sport and Recreation Mr Roads and Transport Mr Safety and Security

301 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

Northern Cape • provincial cultural matters • provincial recreation and activities Ms Premier • provincial roads and traffic. Ms Tina Joemat- Agriculture and Land The President’s Co-ordinating Council (PCC) is a Petterson Reform Mr Gomolelo Lucas Education consultative forum where the President discusses Mr Pakes Dikgetsi Finance issues of national, provincial and local importance Ms Eunice Binase Health with the premiers. Mr Boeboe van Wyk Housing and Local Government The forum meets quarterly and addresses issues Ms Thembi Madikane Safety and Liaison such as: Mr Goolam Akharwary Social Development • enhancing the role of provincial executives Mr Fred Wyngaardt Sport, Arts and Culture regarding national policy decisions Mr Pieter Saaiman Economic Affairs, • strengthening the capacity of provincial Environmental Affairs and governments to implement government policies Tourism and programmes Mr Kagisho Molusi Public Works, Roads and • integrating provincial growth and development Transport strategies (PGDS) within national development North West plans • improving co-operation between national and Ms Premier provincial spheres of government Mr Ndleleni Duma Arts, Culture and Sport • improving co-operation on fiscal issues Mr Mandlenkosi Mayisela Agriculture, Conservation • ensuring that there are co-ordinated and Environment Mr Darkey Africa Economic Development implementation programmes and the necessary and Tourism structures in place to address issues such as Ms Dineo Thapelo Local Government and rural development, urban renewal, and safety Housing and security. Rev. Johannes Tselapedi Education Ms Nomonde Rasmeni Health Local government Ms Maureen Modiselle Finance There are 282 municipalities in South Africa. They Mr Frans Vilakazi Transport, Roads and are focused on growing local economies and Community Safety providing infrastructure and services. MrJerry Thibedi Public Works In accordance with the Constitution and the Ms Nikiwe Mangqo Social Development Organised Local Government Act, 1997 (Act 52 of Western Cape 1997), (which formally recognises organised local- government associations), organised local Mr Premier government may designate up to 10 part-time Mr Kobus Dowry Agriculture representatives to represent municipalities and to Mr Community Safety participate in proceedings of the NCOP. Mr Education Ms Tasneem Essop Environment Planning and Economic Development Municipal Demarcation Board Ms Finance and Tourism The board is a constitutional institution established Mr Pierre Uys Health by the Local Government: Municipal Demarcation Mr Local Government and Act, 1998. Housing The main function of the board is to determine Mr Transport and Public Works municipal boundaries in accordance with the Act Ms Kholeka Mqulwana Social Development and other related legislation, and to advise on Mr Whitey Jacobs Cultural Affairs, Sport and demarcation matters. Recreation In addition, the board is tasked with delimiting wards into metropolitan and local municipalities.

302 South African Local Government Association Metropolitan councils have single metropolitan (Salga) budgets, common property ratings and service- Salga is a listed public entity, established in terms tariff systems, and single employer bodies. of Section 21 of the Companies Act, 1973 (Act 61 of South Africa has nine metropolitan 1973), and recognised by the Minister of Provincial municipalities, namely: and Local Government in terms of the Organised • Buffalo City (East London) Local Government Act, 1997 (Act 52 of 1997). • Salga represents local government on numerous • Ekurhuleni Metropolitan Municipality (East Rand) intergovernmental forums such as the PCC, • City of eThekwini (Durban) Minister and MECs (MInMec) forum, the Budget • City of Johannesburg Forum, as well as the NCOP and on the Financial • Mangaung Municipality (Bloemfontein) and Fiscal Commission. • Msunduzi Municipality (Pietermaritzburg) Salga aims, among other things, to: • Nelson Mandela Metropolitan Municipality (Port • transform local government to enable it to fulfil Elizabeth) its developmental role • City of Tshwane (Pretoria). • enhance the role of provincial local-government Metropolitan councils may decentralise powers and associations as provincial representatives and functions. consultative bodies on local government However, all original municipal, legislative and • raise the profile of local government executive powers are vested in the metropolitan • ensure full participation of women in local council. government In metropolitan areas, there is a choice of two • act as the national employers’ organisation for types of executive system: the mayoral executive municipal and provincial member employers system where executive authority is vested in the • provide legal assistance to its members, using its mayor, and the collective executive committee discretion in connection with matters that affect system where these powers are vested in the employee relations. executive committee. Salga is funded through a combination of sources, Non-metropolitan areas consist of district including a national government grant, membership councils and local councils. fees from provincial- and local-government District councils are primarily responsible for associations that are voluntary members, and capacity-building and district-wide planning. donations from the donor community for specific The Local Government: Municipal Structures Act, projects. 1998 provides for ward committees whose tasks, among other things, are to: Local Government Strategic Agenda (2006 - 2011) • prepare, implement and review integrated In 2006, the Department of Provincial and Local development plans (IDPs) Government co-ordinated the implementation of • establish, implement and review municipalities’ the five-year Local Government Strategic Agenda. performance-management systems The agenda aims to ensure that the three • monitor and review municipalities’ performances spheres of government focus on a systematic and • prepare municipalities’ budgets co-ordinated local-development programme that • participate in decisions about the provision of can be monitored periodically. municipal services • communicate and disseminate information on Municipalities governance matters. The Constitution provides for three categories of municipalities. As directed by the Constitution, the Local Government: Municipal Structures Act, 1998 contains criteria for determining when an area Imbizo is a forum for enhancing dialogue and interaction must have a category-A municipality (metropolitan between government and the people. It provides an municipalities) and when municipalities fall into opportunity for government to communicate its Programme categories B (local municipalities) or C (district of Action and the progress being made. It promotes municipalities). The Act also determines that participation of the public in the programmes to improve their category-A municipalities can only be established lives. Imbizo also highlights people’s concerns, grievances and advice about government’s work. in metropolitan areas.

303 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

Integrated development plans framework, which provides greater clarity as to the In terms of the Local Government: Municipal type and role of appropriate planning at each Systems Act, 2000, all municipalities are required government level. The IDP Nerve Centre was to prepare IDPs. Integrated development planning established to provide an information-co-ordination is a process by which municipalities prepare five- service to strengthen intergovernmental planning. year strategic plans that are reviewed annually in A national engagement process of all IDPs was consultation with communities and stakeholders. conducted in 2007. An IDP format guide was The aim is to achieve service-delivery and distributed to all municipalities. development goals in municipal areas in an The department initiated a national assessment effective and sustainable way. National and process, looking at the IDPs of all municipalities. provincial-sector departments, development This intergovernmental effort resulted in the agencies, private-sector bodies, non-governmental increased adoption rate of IDPs. The adoption rate organisations (NGOs) and communities all have a in the 2006/07 financial year was 98%. These IDP key role to play in preparing and implementing engagement processes are contributing to inter- IDPs. sphere co-ordination and integration. The Department of Provincial and Local By mid-2007, in addition to the 17 national Government advises role-players on how to co- intergovernmental structures which had been ordinate and improve development planning, and established since 1994, all the provincial provides platforms for knowledge-sharing. It has governments had established their own premier’s developed a supporting intergovernmental planning co-ordinating intergovernmental forums.

Structure and functions of the South African Government Legislative authority Executive authority Judicial authority

Parliament Cabinet • National assembly Constitutional Court (350 – 400 members) • President Supreme Court of Appeal • Deputy President High courts • National Council of Provinces • Ministers Magistrate’s courts (90 delegates)

Deputy ministers Judicial Service Commission

State institutions supporting democracy

Public Protector Human Rights Commission Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Commission for Gender Equality Auditor-General Independent Communications Authority of South Africa Provincial governments

Eastern Cape Legislative Authority Executive Authority Western Cape Limpopo KwaZulu-Natal Provincial Legislature Executive Council North West • Premier Free State Gauteng • Members of the Executive Council Mpumulanga

Municipalities/municipal councils (Metropolitan councils/district councils)

304 These were constituted in terms of Section 16 of equitable valuation methods of properties, and the IGR Framework Act, 2005. provides for municipalities to implement a All 46 district municipalities had established their transparent and fair system of exemptions, district intergovernmental forums in terms of Section reductions and rebates through their rating policies. 24 of the IGR Framework Act, 2005. The process is an The Act will be implemented in phases. The integral part of an institutionalised mechanism for Municipal Infrastructure Grant (MIG) is a key monitoring the implementation of the government- instrument for addressing municipal infrastructure wide five-year Local Government Strategic Agenda. and basic service backlogs. Provinces have made progress towards establishing provincial monitoring and evaluation (M&E) units in Municipal Infrastructure Grant the offices of the premiers and the provincial A process of reallocating MIG funds between departments of local government. municipalities (as provided for in the Division of By mid-2007, work had been completed in eight Revenue Act, 2006 [Act 2 of 2006]), has been of the 13 pilot areas for the application of the adopted with the primary intention of using National Spatial Development Perspective (NSDP) available funds in the most efficient manner to principles, and draft reports were being finalised. A eradicate backlogs in municipalities that have draft communication plan for the NSDP had been demonstrated capacity to spend. At the same time, prepared. Planning for extending the NSDP various measures to strengthen the ability of poor- application to 10 districts/metros had been initiated. spending municipalities to better spend their MIG funds are being instituted. Legislation The Local Government: Municipal Systems Act, Local Economic Development (LED) 2000 established a framework for planning, An LED framework was launched in August 2006, performance-management systems, effective use along with a practical toolkit supporting its of resources and organisational change in a implementation. By March 2007, 37 districts and all business context. metros had adopted LED plans and assessments of The Act also established a system for the integration of LED plans and PGDS. The state of municipalities to report on their performance, and preparedness to implement LED had also been provided residents with an opportunity to compare completed. this performance with that of others. It also regulates public-private partnerships. The Project Consolidate Act allows municipalities significant powers to In 2004, Project Consolidate, a hands-on support corporatise their services, to establish utilities for and engagement programme focusing on targeted service delivery, or to enter into partnerships with municipalities, was launched. This project was other service-providers. The Act provides for the informed by a growing concern that although some adoption of a credit-control policy for municipalities municipalities were able to discharge their that will provide for the termination of services in responsibilities, some required additional technical the event of non-payment. Municipalities will have and institutional support. the power to pass bylaws to implement the policy. Project Consolidate resulted in mobilising and The Local Government: Municipal Finance deploying technical support, service-delivery Management Act, 2003 is aimed at modernising facilitators, engineers and project managers to the municipal budgeting and financial management. It facilitates the development of a long-term municipal lending/bond market. It also introduces a governance framework for separate entities The Local Government Laws Amendment Bill seeks to refine created by municipalities. and align policy provisions reflected in different laws, The Act is a critical element in the overall strengthen enforcement measures, and improve technical transformation of local government in South Africa. and legal provisions. The affected legislation will include the It fosters transparency at local-government level Local Government: Municipal Demarcation Act, 1998 (Act 27 of 1998); Local Government: Municipal Structures Act, 1998 through budget and reporting requirements. (Act 117 of 1998); Local Government: Municipal Systems Act, The Local Government: Municipal Property Rates 2000 (Act 32 of 2000); Local Government: Municipal Finance Act, 2004 regulates the power of a municipality to Management Act, 2003 (Act 56 of 2003); and the Local impose property rates, excludes certain properties Government: Municipal Property Rates Act, 2004 (Act 6 of 2004). from rating in the national interest, provides fair and

305 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM identified municipalities. This initiative introduced a The infrastructure projects focus on among other new culture and method of working by national things, water, sanitation and roads. By mid-2007, departments, provinces, the private sector and 51 retired engineers, 45 graduates and 99 students NGOs to provide direct and sustained support to had been deployed at 75 municipalities. A total municipalities. of 130 municipal employees had received hands- One area of concern is municipal financial viability on training. Development and infrastructure and management. By mid-2007, 12 municipalities implementation support was being given to had been identified as pilot sites for efforts directed R2,2 billion worth of projects. at improving municipal billing systems. Attention is also being given to improving Since this intervention, revenue collection in internal controls, developing Municipal Finance these municipalities had increased by an average Management Act, 2003-compliant asset registers, of 21,4%. This total increase in revenue amounted and developing tools and procedures to facilitate to R1,6 billion over a period of 12 months. The the compilation of annual financial statements. increased revenue allowed the municipalities to Following this intervention, all the backlogs of provide new services. It also improved the ability of annual financial statements up to the 2004/05 municipalities to predict revenue flows. financial year have been eliminated. Significant By 30 November 2006, 42 Project Consolidate skills transfer has taken place, benefiting the municipalities were being supported through this lower-level finance staff in municipalities. Practical initiative. The aim was to reach 70 municipalities tools and guides to enable sustainability have been with 90 deployees by the end of June 2007. A total developed and provided to participating of 291 infrastructure projects, valued at R1,5 billion, municipalities. were receiving implementation support. Government and communication The vision of the Government Communication and Information System is to help meet the communi- cation and information needs of government and The Integrated Sustainable Rural Development Programme the people to ensure a better life for all. (ISRDP) and the Urban Renewal Programme (URP), which run projects to improve service delivery and alleviate poverty, It consists of the following chief directorates: continue to focus on their key target groups – the poor, • The Communication Service Agency aims to marginalised, underdeveloped and disadvantaged. The provide core communication services to programmes aim to maximise the impact of all government Government Communications and other resources and know-how in the 21 identified rural and urban nodes. Following a review of progress on the nodes, Cabinet government departments, both in-house and approved the proposed financial interventions to support the through outsourcing. It also produces the South nodes, within the framework of government’s priority Africa Yearbook and Pocket Guide to South programmes. Africa. A guide for national departments’ participation in implementing the ISRDP and URP has been finalised. • Government and Media Liaison aims to co- Provincial and local government aim to increase the pace ordinate effective, integrated and comprehensive of implementing government programmes, which seek to communication and media liaison services cultivate conditions for sustainable economic development in across government. It is also responsible for geographic spaces that were previously neglected. The Urban Renewal Nodes Investment Atlas identified 25 investment BuaNews, a government news service. opportunities, while its rural counterpart identified 88 • Policy and Research conducts communication investment opportunities, mainly in agriculture, tourism and research to provide communication advice and mining. monitors the development and implementation A market-development approach to creating jobs, building capacity for economic development and reducing poverty in of government programmes from a communication the nodes was being piloted by mid-2007 at the Maruleng and perspective. Bushbuckridge nodes. This pilot is a R30-million partnership • Provincial and Local Liaison supports between the Department of Provincial and Local Government development communication and extends and the Business Trust. government’s information infrastructure through

306 partnerships with provincial and local The following entities report to Government government. It facilitates the establishment of Communications: Thusong Service Centres (former multipurpose • the International Marketing Council (IMC) community centres) to make services and • the Media Development and Diversity Agency. information more accessible to the public, (See chapters 4 and 5: Arts and culture and particularly the disadvantaged. Communications.) • Corporate Services provides financial management, administrative services, and International Marketing Council human-resource (HR) administration and The IMC was established in 2000 to create a positive development. The Project Desk implements and united image for South Africa, and to give the project management and co-ordinates services country a strategic advantage in an increasingly to cross-cutting projects driven by Government competitive marketplace. Its mission is to: Communications, on behalf of other • articulate a brand for South Africa, which departments. positions the country to attract tourism, trade • Vuk’uzenzele, which is published bimonthly, and investment focuses on economic and other opportunities • realise international-relations objectives created by South Africa’s democracy. • establish an integrated approach within The chief executive officer of Government government and the private sector towards the Communications is the official spokesperson for international marketing of South Africa government. • build national support for Brand South Africa. Government Communications is central to The IMC’s main objective is the marketing of South developing communication strategies and pro- Africa through the Brand South Africa Campaign. grammes for government’s transversal campaigns. The IMC has succeeded in changing perceptions It also assists departments with specific by hosting branding and investment missions in campaigns and events, as well as in developing important markets overseas, in partnership with the departmental communication structures. Department of Trade and Industry. This partnership Government Communications is responsible for will focus on profiling key economic sectors of maintaining the website, Government Online South Africa’s flourishing economy in markets that (www.gov.za), which includes an information portal are relevant to their investment needs. The IMC’s for general information about government, and a role in the exercise is primarily that of ensuring services portal, which is a source of information common and consistent messaging and ensuring a about all the services rendered by national consistent look-and-feel during interactions with government. people abroad. Government Communications leads or is In 2007, the IMC launched a new television involved in various communication partnerships commercial to boost the growing confidence and joint processes, including the following: among South Africans about the future. Known as • An intersectoral programme to set up Thusong the “We’ve done it before” Campaign, it was built Service Centres, providing information about on the premise that South Africans continue to defy how to access government services. By October all odds. This campaign follows the successful and 2007, 96 Thusong Service Centres were in place inspirational “Rhythm of the Nation” and “Today I and more centres were being established. A Woke Up” advertising campaigns. strategy for setting up one Thusong Service Other tools applied by the IMC to facilitate the Centre in each of the country’s municipalities by enhancement of national pride include: 2014 has been approved. • The Communication Resource Centre, which is a • The transformation of the advertising and state-of-the-art facility monitoring media marketing industry. coverage on South Africa anywhere in the world. • The Academy of Government Communication Government communicators use the centre in and Marketing, in collaboration with the formulating messaging concerning various University of the Witwatersrand School of Public issues relating to South Africa that are covered and Development Management, Unilever and the internationally. Mandela-Rhodes Foundation. • The Information Resource Centre, which collects, • The Imbizo Campaign of direct interaction collates and makes accessible a vast spectrum between government and the public. of positive information about South Africa.

307 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

• The web portal www.southafrica.info, which is the respective counterparts at provincial-government official national gateway to the country for level, which normally meet quarterly. These forums national and international Internet users, realising are supported by technical committees. over 2,2 million page views a month, and • A number of intergovernmental forums that containing over 25 000 pages of information. facilitate co-operative governance and inter - • The South African Story II, which is the second governmental relations. version of the IMC booklet filled with facts, To improve integration among all spheres of quotes and anecdotes that illustrate the government in both policy development and extraordinary South African story and current implementation, the IGR Framework Act, 2005 was challenges facing the country. promulgated in August 2005. • The Brand Champion Programme, through which highly skilled professionals are tasked with Elections positioning the brand among South Africans and The Constitution of South Africa places all elections weaving the values of the brand into the fabric of and referendums in the country in all three spheres society. The Brand Champion Team engages of government under the control of the Independent organisations, corporates and individuals Electoral Commission (IEC), established in terms of through workshops to ensure that everybody the IEC Act, 1996 (Act 51 of 1996). who is well positioned to interface with tourists, In the 2004 elections, the African National Congress investors and traders is armed with an (ANC) clinched victory in all nine provinces, gaining understanding of the Brand South Africa values, 279 of the 400 seats in the National Assembly. and is also an ambassador of the brand. The Democratic Alliance (DA) followed with • The Alive with Possibility newsletter, which is a 50 parliamentary seats, the weekly online communication tool showcasing (IFP) was third with 28 seats, the United Democratic positive stories coming out of South Africa. Movement won nine seats, while the New National • The Boundless Opportunities newsletter, which is Party and the Independent Democrats (ID) secured produced in partnership with the JSE Securities seven seats each. The African Christian Democratic Exchange Limited (JSE), targets stakeholders of Party won six seats, the four, the JSE, including all international exchanges. and the Pan Africanist Congress (PAC) and the United Christian Democratic Party three each. The Co-operative governance Minority Front and Azanian People’s Organisation The importance of co-operative governance and won two seats each. intergovernmental relations in South Africa is The ANC also gained the highest number of votes reflected in Chapter 3 of the Constitution, which in the provincial results and won 69,68% of the determines a number of principles. national votes. A number of intergovernmental structures promote and facilitate co-operative governance and intergovernmental relations between the respective spheres of government. These include: • The PCC, comprising the President, the Minister The Minister in The Presidency, Dr Essop Pahad, announced in May 2007 that Brand South Africa’s weight in the global of Provincial and Local Government and the nine marketplace was valued at over R500 billion. premiers. This valuable imprint on popular consciousness • Ministerial clusters, directors-general clusters, coincides with a move by the International Marketing and the Forum of South African Directors-General Council (IMC) to extend the South African country brand formula from the borders of the United Kingdom and the (Fosad), which promote programme integration at United States of America to India. national and provincial level. The IMC, now a registered public entity, has brought • Ministerial forums between responsible line- about enhanced international profiling of South Africa as a function ministers at national level and their dynamic emerging market.

308 The third floor-crossing window period for that occur or that may occur in southern Africa, municipal councils since the 2000 municipal including information on early warning systems. elections expired on 15 September 2007 at midnight. The Disaster Management Act, 2002 also provides A total of 250 municipal councillors crossed the for the establishment of national, provincial and floor successfully in this period, affecting the municipal disaster-management centres. composition of 128 municipalities. By September 2007, 12 new political parties had The Public Service registered since June 2007 – the Christian The Department of Public Service and Democratic Alliance, Federal Congress, National Administration leads the modernisation of the Alliance, Social Democratic Party, National People’s Public Service by assisting government depart- Party, People’s Democratic Movement, African ments to implement their management policies, People’s Convention, New Vision Party, Civic systems and structural solutions within a generally Alliance of South Africa, South African Political applicable framework of norms and standards, to Party, Federal African Convention and the Eden improve service delivery. Forum. All the parties are registered nationally, except for the Eden Forum which is registered Size of the Public Service municipally. By the end of March 2006, the Public Service had The three parties with the largest net gain were the: 1 045 412 employees (excluding members of the • ANC with 53 South African National Defence Force). Of these • African People’s Convention with 36 employees, 67% were attached to the social • National People’s Party with 31. services sector (health, social development and In terms of loss, the three parties with the biggest education), followed by 20% in the criminal justice net loss were the: sector. • PAC with 41 Statistics show that in 2006/07, 103 349 • ID with 27 employees were recruited and retained. The • National Democratic Convention with 22. highest proportions were college and school In terms of the new parties that had been educators (26%), followed by professionals and registered since June 2007, the following four managers (19%) and administrative staff (18%). gained the most members: • African People’s Convention with 36 Restructuring of the Public Service • National People’s Party with 31 In 2006/07, a communication strategy for the • Federal African Congress with nine Public Service skills database, namely project HR • Federal Congress with nine. Connect, was implemented. Introductory workshops Of the 128 municipalities affected by floor-crossing, were held at 21 departments. Some 40 000 personal the province that had the most affected survey forms were distributed. Departments were municipalities was KwaZulu-Natal with 27, followed requested to submit their forms by 20 June 2007. by the Western Cape with 22 and the Eastern Cape Departments also received training on aligning with 15. Disaster management The Disaster Management Act, 2002 provides for the establishment of the Intergovernmental The Independent Electoral Commission (IEC) is expected to Committee on Disaster Management and the intensify its preparations for the fourth general election in Disaster Management Advisory Forum. 2009. The IEC is not only responsible for South Africa’s elections but it has also guided and supported the successful Since April 2003, the National Disaster transition to democracy in a number of neighbouring Management Centre (NDMC), under the countries, including the Democratic Republic of Congo. departments of provincial and local government Election-management bodies in east and southern Africa and of agriculture, has issued a number of early are sending their experts to South Africa to participate in a specialised training programme. Election administrators from warnings to notify all those affected about expected nine east and southern African countries (Kenya, Lesotho, weather patterns. Malawi, Mozambique, South Africa, Tanzania, Zanzibar, The Government’s Early Warning System allows Uganda and Zambia) took part in a Train the Trainer course in the NDMC to forecast weather patterns. May 2007, conducted by the International Institute for Democracy and Electoral Assistance and the IEC, with The centre is developing an electronic database funding from the Australian Government. containing extensive information about disasters

309 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM organograms with the Organising Framework of and legal principles; and implements health-risk Occupations. management that is consistent, fair, objective, cost- The local-government skills database will be effective and financially sound. developed once phase one of the skills audit has been completed and the skills-audit database has Medical assistance been set up. The project will take the Department of The Government Employees Medical Scheme Public Service and Administration’s approach to the (Gems) was registered in accordance with the skills audit for the national and provincial levels into Medical Schemes Act, 1998 (Act 131 of 1998), in account. January 2005, and public-service employees Cabinet has decided to make the use of began enrolling in January 2006. Gems is a competency assessments compulsory as part of restricted scheme for public-service employees. the recruitment process for senior management The scheme attracts both employees who have service (SMS) posts. The assessment battery has enjoyed medical cover on open medical schemes been reviewed and refinements will be made. A and those who were previously unable to afford leadership-development strategic framework for medical cover. management was being developed. A centralised By the end of July 2007, Gems had become the information system based on the assessment country’s largest restricted medical scheme, results is expected to assist in tracking skills gaps, covering more than 150 000 principal members targeting executive-development programmes, and some 400 000 lives. deploying scarce skills and headhunting. The final draft of the Human Resource Macro-organisational issues Development Strategy’s (HRDS) implementation Creating the ability for government departments to guide and plan has been completed. By mid-2007, co-ordinate their efforts is one of the perennial a policy on the use of the 1% training budget was problems faced in public administration. As a being developed, based on gaps and best practices means of achieving co-ordination and unified in departments. government, the Department of Public Service and Administration has been working towards creating Management Policy and Procedure on a single public service. Incapacity Leave and Ill-Health Retirement A sound governance framework has been put in (PILIR) for the Public Service place for the management of the Single Public In August 2005, Cabinet approved the roll-out of Service Project. Five work streams – service PILIR for the Public Service. The policy was delivery, information and communications implemented in 2006/07. A pilot exercise achieved technology (ICT), HR management and develop- excellent results, reducing the number of ment, anti-corruption and legislation – report recommendations for ill-health retirement by half. regularly to the Government and Administration The objectives of PILIR are to: Task Team on the Single Public Service. • intervene and manage incapacity leave in the Simultaneously, National Treasury and the workplace to accommodate temporarily or Department of Public Service and Administration permanently incapacitated employees are developing legislation on public entities. • facilitate the rehabilitation, reskilling, The Single Public Service is a massive realignment and retirement of temporarily or undertaking designed to improve service delivery permanently incapacitated employees, where by integrating the front office, the back office and appropriate. the institutions delivering services to the people. PILIR adopts a holistic approach to health-risk Critical preparatory work is being undertaken to management; prevents abuse of sick leave by develop common norms and standards in relation managing incapacity or ill-health as far as possible; to HR practices. adopts a scientific approach to health-risk By May 2007, the Single Public Service Bill had management based on sound medical, actuarial been drafted. A schedule of amendments to other

310 Acts was being drawn up. The project charter for servants to rededicate themselves to the roots of the development of HR practices for the Single their profession by rendering service to the people. Public Service had been approved. Applicable The APSD celebrates the spirit of inter- legislation and available policy documents had governmental relations, with the express objective been reviewed. A project to develop appropriate of rebuilding the continent through efficient and remuneration and conditions of service for the effective service delivery. As part of the roll-out of Single Public Service was under way. Batho Pele to local government, 138 municipalities were trained in the Batho Pele Change- Community Development Worker (CDW) Management Engagement Programme in 2006/07. programme The programme is modelled on the train-the-trainer The CDW programme is one of the primary public- approach and participants are encouraged to sector reform interventions to enhance further cascade it in their municipalities. development and the implementation of the Batho Between 2005 and the end of 2006/07, more Pele principles, especially access. The CDWs are than 900 officials were trained in change pivotal in bringing government closer to the people, management using the Batho Pele change- and in ensuring that community members become management toolkit. In terms of the Public Service directly involved in the delivery of state services. Regulations, departments are required to adopt Since the inception of the CDW Programme in service-delivery improvement plans. 2003, 4 160 CDW learners had been recruited and deployed to municipalities. By February 2007, some Research, learning and knowledge 2 600 of these had been employed by provincial management departments of local government. Recruitment of a The Learning and Knowledge Management further 1 000 learners was planned for 2006/07. In Programme has grown into a government-wide 2007, CDWs were to be trained to enable them to initiative to share knowledge and best practices, to mobilise and train communities on co-operatives. learn from peers and to provide platforms for innovation. Batho Pele (People First) A number of learning networks have grown into A strategy has been formulated to revitalise Batho self-sustaining platforms for communities. These Pele (People First) in government, identifying new include the Batho Pele Network, the Extended Public goals and targets in transforming the culture and Works Learning Network, the HR Forum and an M&E ethos of the Public Service, thereby improving network. A forum for government researchers and service delivery. The Batho Pele Campaign policy analysts working within the governance and encourages a positive attitude in the Public Service. administration environment has also been The campaign focuses on taking services to the established. people. This involves developing a comprehensive, Some 12 000 copies of the learning journal, integrated 2014 access strategy for the Public Service Delivery Review, are distributed to senior Service. managers and practitioners across the Public The following measures have been implemented Service annually. The Annual Service Delivery as part of the campaign: Academy has grown into an event where more than • public servants dealing directly with the public 500 practitioners come together to learn and share can now be identified by name tags success stories. • ministers and public-service commissioners pay Other deliverables in the area of research, unannounced visits to service-delivery centres learning and knowledge management include a • senior managers, as part of Project Khaedu, sector-analysis programme to strengthen the spend time in service centres, assisting understanding of service-delivery constraints with service delivery and gaining first-hand across the sectors, especially in housing and health. experience. The African Public Service Day (APSD) and Public Service Week (PSW) are organised and hosted annually. The PSW focuses on public servants, recognises their efforts and considers the way in Government’s Programme of Action is available on which they serve communities. It specifically aims Government Online (www.gov.za). The information is updated regularly to keep the public informed of the to benefit women, young people and people with implementation process. disabilities. The PSW offers opportunities for public

311 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

Employment practices and career stronger performance-management systems management across the public sector. Departments in this HR management in the Public Service propagates a portfolio, together with others, have been providing culture of performance, hence the emphasis on critical support for the development of a developing competency and HR planning linked to government-wide M&E system (GWM&ES). The strategic plans and to service-delivery improvement. Public Management Watch has been developed to In December 2005, the Minister for Public proactively identify departments facing governance Service and Administration, Ms Geraldine Fraser- challenges and take initiatives to support them. The Moleketi, presented proposals to Cabinet to Public Service Commission (PSC) drives the implement an accelerated development system of performance management for heads of programme for middle managers. The objective of departments (HoDs) and recommendations have the Sustainable Pools Scheme is to prepare been made on strengthening the system. participants from designated groups, especially Effective from 1 April 2006, the Performance black women, to compete successfully for vacant Management and Development System for SMS senior-management positions. members was amended to improve the content and The concept is one of talent development that application of the system. takes the form of accelerated development training to create a sustainable pool of upwardly mobile Fighting corruption managers. The South African Management The fight against corruption remains extremely high Development Institute (Samdi) and the department on government’s agenda. Government departments are running the initiative. have been provided with a new guide to Cabinet approved the first group of middle establishing minimum anti-corruption capacity. The managers’ enrolment in the programme in 2006. revised guide provides practical examples of By July 2007, the first 103 middle managers had successful implementation. participated in the programme. The National Anti-Corruption Forum (NACF) has The minister submitted to Cabinet new numeric strengthened the country’s partnership approach to employment-equity targets in respect of women at promote ethical conduct. The work done to date senior management levels, and of people with shows that the NACF is yielding positive results. disabilities at all levels. Cabinet approved a target South Africa’s anti-corruption drive has a strong of 50% gender representivity at senior manage- public-participation dimension, whereby citizens ment levels to be achieved by 31 March 2009, and are encouraged to actively play a role in reporting a 2% target for persons with disabilities to be acts of corruption. achieved by 2010. Cabinet also approved the By 30 November 2006, 2 297 allegations of implementation of programmes that will speed up corruption relating to national and provincial and support the achievement of these targets in the departments had been reported through the Public Service. National Anti-Corruption Hotline (NACH). By mid-2007, the Public Service Gender Equality As part of the anti-corruption initiatives, South Strategic Framework and implementation Africa hosted the Africa Forum on Fighting guidelines were being consulted upon with Corruption from 28 February to 2 March 2007, as a stakeholders through national and provincial precursor to the Global Forum V on Fighting roadshows. A project to implement the Job-Access Corruption and Safeguarding Integrity, which was Strategy for the employment of people with hosted by South Africa from 2 to 5 April 2007. The disabilities in the Public Service has commenced. forum provided a platform to discuss societal The National Steering Committee on Diversity values, national integrity systems and the role of Management has been established. A draft social leadership in promoting ethical values in all sectors audit template has been designed. of society. The Department of Public Service and The Africa Forum and Global Forum have Administration has anticipated the need for established a new continental and global

312 understanding of, and debate on, corruption and its as a best-practice model by the International impact on development. Labour Organisation. The forums gave South Africa the opportunity to While the initial focus of the Public Service shape global anti-corruption discourse. Previously, Workplace Programme was on managing HIV and corruption had been narrowly defined, focusing only AIDS, the Public Service Co-ordinating Bargaining on the “bribe giver” and the “bribe taker”. The forums Council (PSCBC) Resolution 8 of 2000 acknow- identified the need to address the root causes of ledged the need for a comprehensive programme corruption, which is a structural global phenomenon to deal with employee health and wellness. involving all sectors of society, and which affects both The focus of the programme is being expanded developed and developing countries. to include all health- and wellness-related issues The challenge is to develop plans of action that might influence employees’ ability to perform. emanating from the declarations of the forums and The Public Service Employee Health and Wellness other bodies. The Africa Forum’s declaration will be Programme encompasses: implemented under the auspices of the African • the HIV and AIDS Programme Union (AU). The Global Forum’s declaration will be • the Employee Assistance Programme taken forward in anticipation of the Conference of • occupational health and safety the States Parties in 2008. • disaster management An audit of local government’s anti-corruption • health promotion and disease prevention. capacity has been conducted in 164 local The Local Government HIV and AIDS Framework authorities. By mid-2007, Project Consolidate’s was launched in April 2007 to assist municipalities Anti-Corruption Programme was in its second in addressing the challenges of HIV and AIDS at phase of implementation in 22 municipalities. local level.

Human-resource development Monitoring and evaluation In 2006/07, the HRDS was prepared, which The GWM&ES is being established. The aim is to includes capacity-building steps such as the develop a dashboard reflecting public-sector establishment of a national public-sector academy, performance and other statistical information. The (currently the South African Management GWM&ES processes information from a wide range Development Institute [Samdi]); partnerships with of sources, including government’s transversal higher education (HE) institutions and further systems, such as the National Statistical System of education and training colleges; e-learning for the Statistics South Africa. In 2007, The Presidency Public Service; learnerships, internships and published the Mid-Term Review, providing analysis traineeships; a more strategic role for professional and trends gleaned from 72 macro-indicators. bodies; leadership and management-development Samdi was designing capacity-building for M&E. strategies; and strengthened systems for workplace learning. Government Information Technology The capacity-building initiatives are supported Officers’ (Gito) Council by organisational initiatives (HR management The Gito Council was created to serve as an [HRM] interventions) and governance initiatives, information technology (IT) co-ordination and including M&E. consolidation vehicle to assist in informing government when and how to intervene in the Employee health and wellness interest of enhanced service delivery through the The Public Service Regulations were amended in use of ICT. 2002 to include mandatory minimum standards for The council has a critical role to play in managing HIV and AIDS in the Public Service. enhancing the delivery of state services. In terms of the amended regulations, the heads It has been involved in investigating, formulating of all government departments are obliged to and developing an IT security-policy framework, implement minimum standards that outline what e-government policy and strategy, and IT programmes must be put in place to support procurement guidelines. It also monitors infected and/or affected employees, and to prevent government IT projects to eliminate duplication. stigma and discrimination against such employees. Despite some challenges, implementation of the E-government projects minimum standards is proceeding well and the Two major catalytic projects are under way, namely programme has been recognised and documented the Citizen Relations Portal and the Track and Trace

313 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

System. The user requirements for the Citizen providing the content for the Gateway Services Relations Portal were expected to be completed in Portal (accessed via South Africa Government May 2007. Online [www.gov.za]) to Government Communi- The Department of Home Affairs has introduced cations. It is supported by content managers in an identification document application track-and- every department to ensure that services offered to trace system, which enables home affairs officials the public are fully and accurately reflected. to respond to queries from the public regarding the The Gateway Call Centre (1020) is also progress of their applications received after 19 operational. February 2007. Citizens can also verify their marital status records via the system. Citizens can obtain Centre for Public Service Innovation (CPSI) the information on the Internet (www.dha.gov.za), The CPSI has driven innovative service delivery in from the call centre (0800 601 190) or via short the Public Service for a number of years. message service (SMS) (32551). The CPSI strives to create opportunities for The Ministry for Public Service and enhancing access to government services through Administration has embarked on various innovative means. In partnership with Sita, transformation initiatives to modernise its service- Government Communications, the Universal delivery model for the benefit of the people. These Service and Access Agency and the Department of include, among other things, conducting Public Service and Administration, the CPSI is citizen/business research; developing a next- rolling out the General Services Counter (GSC) in generation e-government vision, strategy and Thusong Service Centres. As part of the mandate to roadmap; producing a next-generation State improve service delivery, the CPSI and Sita piloted Information and Technology Agency (Sita) business, the CDW-Gateway Project that provides satellite- operating and technology model; conducting rapid enabled laptops to CDWs for citizens to access the prototyping of catalytic projects; developing a Batho Pele Gateway Portal for information and national digital inclusion plan for South Africa; and services. working towards the development of an enterprise The annual CPSI Public-Sector Innovation Awards architecture. recognise individuals, projects and programmes The Next-Generation Network Project is worth directed at enhancing public-service delivery. R454 million over five years and it represents the largest deployment of next-generation network State Information Technology Agency services in sub-Saharan Africa. Sita was established in 1999 to consolidate and co- The ministry developed a free and open source ordinate the State’s IT resources to save costs software strategy to decrease cost savings in through scale, to increase delivery capabilities and licence fees in the medium- to long-term, and to to improve interoperability. Sita was established in facilitate interoperability through the increased use terms of the Sita Act, 1998 (Act 88 of 1998), as of open standards. amended by the Sita Amendment Act, Act 38 of The Access Strategy focuses on developing 2002. Sita is funded from providing services as infrastructure for integrated service delivery, stipulated in the service-level agreements referred including the construction programme for Thusong to in the legislation. Service Centres and the development of ICT infrastructure at service-delivery institutions. International and African affairs The Ministry for Public Service and Administration Batho Pele Portal is active in global organisations involved in public- The Batho Pele Gateway Services Portal was administration issues and challenges. The minister launched at nine Thusong Service Centres actively participates in the Commonwealth countrywide on 3 August 2004. Association of Public Administration and The Department of Public Service and Management, in the International Institute for Administration has transferred responsibility for Administrative Sciences, and in the activities of the

314 United Nations (UN) pertaining to public rights; and the successful promotion of gender administration. In addition, the ministry continues equality in the public sphere. to conclude various information-sharing and The APR member states strongly endorsed the capacity-development bilateral co-operative process that South Africa undertook in completing agreements with similar ministries and the Country Self-Assessment Report. Member departments across the globe. states agreed that South Africa’s process was South Africa plays an influential role in the inclusive, participatory and innovative. international and African governance and public- administration community. Governance and Administration (G&A) The ministry continues to play an active role in Cluster the Pan-African Conference for Ministers of Public A national cluster system comprising six Cabinet or Civil Service. Events and processes taking the committees and five corresponding administrative agenda of this conference forward include the All structures of Fosad was introduced in 1999. Africa Public Sector Innovation Awards, which were These structures are the G&A Cluster; Social expected to culminate in the first quarter of 2008, Cluster; Economic Cluster; Justice, Crime Prevention and efforts to strengthen the implementation of the and Security Cluster; and International Relations, African Public Service Charter across the continent. Peace and Security Cluster. Samdi is hosting and financially supporting the The G&A Cluster is co-chaired by the directors- Secretariat of the African Management general of the Department of Public Service and Development Institutes (MDIs) Network, a network Administration, the Department of Provincial and that has as its key objective reinstating African Local Government and Samdi. MDIs as centres of excellence and worthy players The G&A Cluster strives to improve the quality of in the effort to build public-sector capacity on the life of the people by improving governance, the African continent. capacity and organisation of the State and its underlying systems. The cluster’s priorities derive African Peer Review Mechanism (APRM) from government’s commitment to improve its South Africa is one of the signatory countries to the service to the people. APRM. The Minister for Public Service and Following the January 2007 Cabinet Lekgotla Administration was designated as the focal point and the President’s State of the Nation Address on for the South African process in September 2004, 9 February 2007, the Cluster developed a and she has the overall responsibility for leading Programme of Action. the process, also chairing the APRM Governing The cluster has four priorities: Council. An interdepartmental committee and • promoting governance interim secretariat, which is located within the • strengthening the capacity of the State Department of Public Service and Administration, • achieving and maintaining the optimal was established to assist Minister Fraser-Moleketi organisation of the State in setting up the necessary structures to implement • developing and enhancing the State’s transversal the mechanism in South Africa. systems. President Thabo Mbeki met with his peers at the seventh Summit of the African Peer Review (APR) Public Service Commission Forum in Accra, Ghana, in July 2007 to present The PSC derives its mandate from sections 195 and South Africa’s response to the APR Panel’s Country 196 of the Constitution. Section 195 sets out the Review Report. following values and principles governing public The Country Review Report identified 18 South administration that should be promoted by the African best practices worthy of emulation. These commission, which are set out in the annual State included co-operative governance; popular of the Public Service Report: participatory governance practices; Batho Pele; • a high standard of professional ethics Thusong Service Centres; the highly consultative • efficient, economic and effective use of resources Budget Formulation Process; achievements of the • a development-orientated public administration South African Revenue Services (Sars); the JSE and • providing services in an impartial, fair and Triple Bottom Line Reporting; the Mzansi Account equitable way, without bias for the unbanked; the Financial Service Charter; the • responding to people’s needs and encouraging King reports; self-reliance in development funding; the public to participate in policy-making provision of basic needs and socio-economic • an accountable public administration

315 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

• fostering transparency the Public Service and a study on annual grievance • cultivating good HRM and career-development trends. During these processes, it became evident practices that departments, executing authorities and • a representative public administration with relevant stakeholders need to be sensitised about employment and personnel-management practices the reports on these activities. based on ability, objectivity, fairness and the need to To improve and enhance labour relations, the redress the imbalances of the past. unit was expected to host round-table discussions In terms of Section 196(4) of the Constitution, the on the issues that were raised and identified as functions and powers of the commission are to: being of concern by the delegates at the first • promote the values and principles, as set out in biennial Labour Relations Conference for the Public Section 195, throughout the Public Service Service held in March 2007. The conference was • investigate, monitor and evaluate the co-hosted by the PSC and the PSCBC. organisation, administration and personnel The component continues to enhance sound practices of the Public Service, and in particular, labour-relations policies and good HRM to adherence to the values and principles set out in maximise human potential and ensure the effective Section 195, and public-service procedures use of all the resources necessary to promote an • propose measures to ensure effective and acceptable and transparent public administration. efficient performance within the Public Service The following are activities used by the OPSC’s • give directives aimed at ensuring that personnel Labour Relations Improvement component to procedures relating to recruitment, transfers, address these challenges: promotions and dismissals comply with the • investigate grievances and complaints lodged values and principles set out in Section 195 with the PSC and make recommendations to • report on its activities and the performance of its executing authorities functions • investigate, monitor and evaluate labour- • investigate and evaluate the application of relations policies and trends in the Public Service personnel and public-administration practices, and make recommendations in that regard and report to the relevant executive authority and • monitor and evaluate the capacity and ability of legislature departments to implement recommendations • investigate grievances of employees in the Public made, and monitor compliance with grievance Service concerning official acts or omissions, and rules in general. recommend appropriate remedies The number of grievances handled by the PSC • monitor and investigate adherence to applicable increased from 486 in 2006 to 641 in the year until procedures in the Public Service March 2007. This may be attributed to the fact that • advise national and provincial organs of state the grievance rules are now translated into all regarding personnel practices in the Public Service. official languages and made available on the The PSC is supported by the Office of the Public website (www.psc.gov.za). The PSC also enforces Service Commission (OPSC), which implements the stringent time frames for departments to adhere to policy and programmes of the PSC. The prescribed periods. Grievances should be lodged commission comprises 14 commissioners and has within 90 days from the date an employee became regional offices in all nine provinces. The work of aware of the omission or act that caused the the PSC is structured around the following key dissatisfaction. performance areas: The departments then have 30 days in which to deal with grievances (although this period may be Labour-relations improvement extended if agreed to by the aggrieved party). If a During the 2006/07 financial year, the OPSC’s grievance is not resolved to the satisfaction of the Directorate: Labour Relations conducted a research aggrieved party, he or she may request that it be project on the management of poor performance in referred to the PSC.

316 During 2007/08, the component envisaged • implementing the National Anti-Corruption undertaking an investigation aimed at determining Programme (NACP) of the NACF the root causes of the top five natures of grievances • establishing the toll-free, 24-hour NACH facility in the Public Service. The unit also evaluated the (0800 701 701) to which fraud and corruption consistency of sanctions imposed on public servants. can be reported. The NACH is an important mechanism for the Public Public-administration investigations Service in its fight against corruption. In terms of its investigative tenet, the PSC has Up to the end of March 2007, the NACH had created the Chief Directorate: Public Administration generated a total of 4 726 cases since its inception Investigations as its chief steward for investigations in September 2004. Of these, 2 689 related to relating to public-administration practices. Its main corruption (bribery, embezzlement, fraud, purpose is to undertake audits and investigations. favouritism and nepotism, conflict of interest, The measurable objectives of the chief directorate maladministration and abuse of government are to: equipment). • investigate public-administration practices and to A total of 168 cases fell outside the jurisdiction of make recommendations to departments the Public Service, while 515 were frivolous cases. A • undertake forensic audits and investigations into total of 155 calls related to additional information to public-administration practices the original report by whistle blowers, while 1 199 • monitor and evaluate financial misconduct cases related to service delivery (i.e. cases, that on closer and maintain a database. scrutiny turned out to be lack of service delivery). The unit also manages complaints emanating from Service-delivery cases were not anticipated, resulting the NACH, which relate to standards of service in a substantial increase in the number of delivery, behaviour, competency and attitude of staff. investigations. The PSC’s activities in respect of HRM The chief directorate annually conducts and development mainly focus on: research on general public-administration trends, • researching the latest trends relating to strategic and gives advice, makes recommendations and HR issues publishes reports, such as the Report on Financial • providing professional advice on strategic HR Misconduct, on these trends. practices and reviewing HR processes within the Most of the investigations relate to anonymous Public Service complaints regarding maladministration and • developing programmes to ensure the promotion irregularities pertaining to HR and procurement of good HR strategies, practices and principles. practices. Furthermore, the unit undertakes cross- The PSC continuously conducts reviews to ensure functional investigations in collaboration with other that it promotes good HR strategies, practices and organs of state, such as the Public Protector. principles. One of the pillars the PSC uses is the White Professional ethics and human-resource reviews Paper on Transformation of the Public Service, The approach of the PSC is to address corruption which states that each department at national and proactively and in an integrated manner, focusing provincial level is required to draw up HR strategies on creating an ethics-management infrastructure. designed to meet the specific needs of public The Anti-Corruption Co-ordinating Committee, servants. which is chaired by the Department of Public Departments are expected to be in line with HR Service and Administration, co-ordinates the policy objectives or legislative frameworks as implementation of the Anti-Corruption Strategy. may be required by the PSC, the Department of Departments are individually tasked with Public Service and Administration and other implementing the projects identified in the strategy. stakeholders. In recent years, the commission undertook several activities to implement the strategy and to Gender mainstreaming build the capacity of the Public Service to prevent The PSC has completed research on gender- and fight corruption. These included: mainstreaming initiatives in the Public Service. The • providing anti-corruption training report aims to highlight strides that have been • providing secretariat services to the NACF achieved, and to identify and make • launching a generic professional ethics recommendations for areas which need attention to statement to inculcate and maintain a culture of advance gender mainstreaming in the Public integrity and ethos within the Public Service Service.

317 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

Evaluation of employee assistance through public participation and quality audits of a The PSC has completed the Report on the performance, management or regulatory nature. Evaluation of Employee-Assistance Programmes in Through diagnostic assessments and the Public Service. The report identifies some of the recommendations, the chief directorate advises best practices that can be used to strengthen departments about improving their service ineffective employee-assistance programmes. This processes, including their ability to comply with report is significant as there is a clear need to government prescripts such as the Promotion of address the increasing number of employee Administrative Justice Act, 2000 (Act 3 of 2000). problems and the mounting impact of HIV- and During 2006/07, two evaluations on the AIDS-related problems in the workplace. implementation of the Batho Pele principles of value for money and consultation were undertaken. Leadership and performance improvement A citizen satisfaction survey was conducted in the The OPSC’s Directorate: Leadership and departments of home affairs and of trade and Performance Improvement is tasked with industry, and on the provincial transport services. facilitating the performance management of heads A framework of conducting inspections was of national and provincial departments, monitoring developed and piloted at national and provincial practices affecting public-service leadership, and level. Two national departments and two provincial assessing the performance of government departments were sampled during the pilot departments. process. In this regard, the PSC has developed a head of Reports with findings and recommendations department (HoD) evaluation framework for emanating from the pilot were compiled and sent to assessing HoDs at the end of each financial year. the respective ministers, MECs, directors-general Their performance agreements are filed with the and HoDs. commission for quality and compliance-control purposes. Governance monitoring A pilot project to measure the performance of This unit promotes the constitutional values and departments through the Organisational principles underpinning good governance and, Performance Assessment template was also through the implementation of various strategic initiated. projects, contributes to improved governance practices in the Public Service. Service delivery and quality assurance A key priority of the commission is to ensure the The Chief Directorate: Service Delivery and Quality implementation of the Public Service Monitoring Assurance promotes improved service delivery and Evaluation System (PSM&ES), which focuses on the performance of individual public-service departments. The PSM&ES is based on the nine values and principles set out in Section 195 of the Constitution. In applying the system, problem areas Government launched a website (http://sa2010.gov.za) in are identified, priority areas communicated, good June 2007 to provide information on government preparations for the World Cup. It provides information about the country practice noted and departments given an and the continent in the context of the first African World Cup. opportunity to reflect on their own performance. This is one of government’s initiatives to take advantage of the The unit is responsible for managing this system 2010 World Cup communication opportunity for the benefit of and for undertaking departmental assessments the country and continent. The site provides comprehensive information on continuously. government’s 2010-related programmes, including those The sixth annual edition of the State of the Public related to economic opportunities. Service Report was published in May 2007. In this It also provides information about South Africa, as millions edition, the PSC provided an analysis of the role of people focus on the country in the run-up to the tournament. played by the Public Service in promoting growth and development.

318 The PSC continues to contribute to M&E at an Samdi collaborating more closely with other of international level. In October 2006, the PSC training providers, such as universities, private participated in the Sussex Development Evaluation providers and individuals to ensure that Seminar and the joint United Kingdom/European comprehensive rather than selective training is evaluation society conferences. offered in the public sector. At a continental level, the PSC continues to play The Integrated Management Development a crucial role and participated in the fourth African Programme was established to ensure a M&E Association Conference held in January 2007 comprehensive approach to developing public- in Niamey, Niger. service managers. It consists of the: At national level, the commission co-hosted the • Presidential Strategic Leadership Development inaugural conference of the South African M&E Programme for senior managers on levels Association held in Johannesburg in March 2007. 13 to 16 The theme of the conference was Evaluation in • Advanced Management Development Programme Action. for middle managers on levels 9 to 12 • Emerging Management Development Programme South African Management Development for junior managers on levels 6 to 8 Institute • Foundation Management Development Programme Samdi is responsible for: for first-line supervisors on levels 3 to 5. • Creating a public sector that understands and The first three programmes are accredited through encourages the concept of lifelong learning as an tertiary institutions, while the fourth is a skills investment in human capital. programme at National Qualifications Framework • Shaping a public-sector learning framework to (NQF) Level 4. address the needs of the two economies through Samdi introduced the Foundation Management sustained development in a wide range of skills, Programme to ensure that there is a sustainable particularly in scarce skills areas such as pool of potential management candidates upon financial and project management. which government can draw to implement its • Supporting the activities of the Governance and programmes and activities. Administration Cluster by providing transversal The institute provides capacity-building through HRD programmes aimed at enhancing the Corporate Resource Management Training, which capacity of the State to deliver services to its includes programmes such as Supply Chain citizens. Management Training and HRM Training to • Developing the potential of public-service strengthen government’s delivery systems. officials through relevant, practical and targeted Government priorities around gender skills development and training interventions mainstreaming, anti-corruption, and induction and that are primarily aimed at reducing service- reorientation programmes are also presented to delivery blockages. public servants. • Participating in a structure within which MDIs across the continent can contribute to the upliftment and growth of African nations, particularly those undertaking post-conflict reconstruction processes. Samdi has been working closely with the Democratic Republic of Government launched the Business Survey Against Congo (DRC), Burundi and Sudan in Corruption in June 2007. The survey forms part of the longitudinal study that focuses on corruption and anti- strengthening their post-conflict development corruption measures within the private sector over time. The processes. Country Corruption Assessment (CCA) was the first While reconstituting itself into an academy as per assessment of its kind in South Africa and represented the the mandate of Cabinet, Samdi is embarking on most comprehensive picture of the state of corruption and anti-corruption measures in the country. Similarly, the CCA facilitating the provision of training interventions on provided a baseline against which progress would be a large scale, given the huge numbers of the assessed in the future. public-sector staff complement (about 1,3 million). The study was aimed at enhancing the understanding of In this massification drive, specific focus on corruption and corporate-governance measures within the private sector, and assessing compliance with legislative rolling out the Induction Training Programme to requirements under the Prevention and Combating of junior, middle and senior management will be Corrupt Activities Act, 2004 (Act 12 of 2004). made. The massification strategy will further see

319 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

Home affairs pertaining to the status of persons, such as births, The Department of Home Affairs provides individual marriages and deaths. status-determination services. Civic services entail issuing passports, The department has a network of offices in all registering foreign births, determining citizenship, provinces. Mobile offices or units service areas on and issuing certificates of naturalisation or a regular pre-arranged basis where the resumption of South African citizenship. establishment of fixed offices is not warranted. The department is divided into five functional- Citizenship matters support and two line-function divisions. South African citizenship is regulated by the South Statutory bodies falling under the department African Citizenship Act, 1995 (Act 88 of 1995), and are the: regulations issued in terms thereof. South African • Immigration Advisory Board citizenship may be granted by way of: • Standing Committee for Refugee Affairs • birth or descent • Refugee Appeal Board. • an application for naturalisation as a South The Government Printing Works (GPW), a division of African citizen the Department of Home Affairs, provides printing, • an application for resumption of South African stationery and related services to all government citizenship departments, provincial governments and • the registration of the birth of children born municipalities. outside South Africa to South African fathers or It also publishes, markets and distributes mothers government publications. Based in Pretoria, the • an application for exemption in terms of printing works provides a variety of related services Section 26(4) of the Act. to departments, the printing industry and other African countries, including manufacturing and Population Register supplying fingerprint ink to the South African Police The current Population Register hosted by the Service (SAPS), and printing postage stamps for the Department of Home Affairs stores and provides DRC and Lesotho. citizenry-identification information, including In 2006/07, government allocated R212 000 to unique identification numbers, addresses, birth the GPW, which has extended its services dates and marriage status. Information on this tthroughout the region and continent. Early in 2007, system is used for various purposes, including the GPW won the contract to provide the AU with identity validation. In essence, this system forms diplomatic and service passports, which were the core of citizenry-information systems within the delivered on Africa Day on 25 May 2007. In May, the department. GPW also printed examination papers for Malawi. Evolving technology, modern government The GPW was expected to establish a forensic- structures and the need for more secure systems laboratory capability to analyse passports, identity led to the department embarking on a programme documents (IDs), visa labels or any other high- to re-engineer the Population Register. This will security face-value documents to complement align its function with the current government other law-enforcement agencies in the fight dispensation and future needs of both the against identity fraud. Government and third-party institutions. This project is closely aligned with the implementation Civic services of the Home Affairs National Identification System The Branch: Civic Services is mainly responsible for (Hanis), which was approved by government in population registration and civic services. Popu- January 1996. lation registration entails recording personal The focus of the project is on providing a more particulars in the Population Register with a view to scalable, adaptable, efficient, secure and issuing IDs; identification by means of fingerprints interoperable database. Features will allow and photographs; and dealing with matters integration with the automated biometric

320 fingerprint system, information sourcing from • The department works closely with the South the electronic document-management system, African Revenue Service and the SAPS to ensure an electronic web-based query system, and effective border control. interrogation from the different deconsole units. • A computerised visa system was instituted to By June 2007, the Hanis disaster-recovery site curb the forgery of South African visas and is had been fully implemented. being extended to all South African missions Some R207 million was spent to create the abroad. disaster-recovery system at a secure location, The final immigration regulations came into effect on which backs up all home affairs records every 15 1 July 2004. The release of these regulations followed minutes on a continual basis. the signing of the Immigration Amendment Act, 2004 By June 2007, the digitisation of about 29 million (Act 19 of 2004), into law on 12 October 2004. sets of fingerprints had been completed, which The immigration policy aims to: were backed up as an essential part of the Hanis. • discourage illegal migration into South Africa by Progress is also being made in digitally capturing encouraging foreign nationals to apply for different the birth, marriage and death records of citizens permits to legalise their stay in the country under the Electronic Data-Management System, • create an enabling environment for foreign direct through which a total of 57 million records had investment in South Africa been scanned. A further R167 million will be spent • attract scarce skills required by the economy in on expanding this project. accordance with the 2014 vision of eradicating poverty and underdevelopment. Immigration The final immigration regulations furthermore aim The Branch: Immigration is responsible for control to establish a new system of immigration control to over the admission of foreigners for residence in ensure that: and departure from South Africa. This entails: • temporary and permanent residence permits are • processing applications for visas, temporary issued as expeditiously as possible and residence permits and immigration permits according to simplified procedures • maintaining a travellers’ and foreigners’ control • security considerations are fully satisfied and the system State regains control over the immigration of • tracing and removing foreigners who are foreigners to South Africa considered undesirable or who are in South • economic growth is promoted through the Africa illegally. employment of needed foreign labour, foreign The Refugees Act, 1998 (Act 130 of 1998), gives investment is facilitated, the entry of effect within South Africa to the relevant exceptionally skilled or qualified people is international legal instruments, principles and enabled, skilled HR are increased, and academic standards relating to refugees; provides for the exchange programmes in the Southern African reception into South Africa of asylum seekers; Development Community (SADC) are facilitated regulates applications for and recognition of • tourism is promoted refugee status; and provides for the rights and • the contribution of foreigners to the South African obligations flowing from such status, and related labour market does not adversely affect existing matters. The Act came into effect on 1 April 2000. labour standards and the rights and expectations In recent years, the department has sought to of South African workers control illegal immigration through a variety of • a policy connection is maintained between measures: foreigners working in South Africa and the • The Immigration Act, 2002 (Act 13 of 2002), training of South African citizens provides for a stricter immigration policy. The • a human rights-based culture of enforcement is implementation of administrative fines and other promoted. measures came into effect in 2003. The The Directorate: Refugee Affairs manages refugee Immigration Act, 2002 was amended in 2006 to services in South Africa. It has established the clarify and revise immigration and permit Asylum Seekers Unit and Country of Origin procedures to facilitate skills in line with the Information Unit. Accelerated and Shared Growth Initiative for These units advise refugee-reception offices on South Africa and the Joint Initiative for Priority policy-related matters and on the background Skills Acquisition. information of an applicant’s country of origin. After

321 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM being recognised, refugees are issued with refugee case of certain countries whose citizens are exempt IDs, which give them access to the basic services from visa control. Such exemptions are normally in South Africa, including basic healthcare, limited to permits, which are issued for 90 days or education and employment. less at the ports of entry. The visa system is aimed The South African Government, through the at facilitating the admission of acceptable foreigners Department of Home Affairs, issues UN travel at ports of entry. The visa becomes a permit upon documents to refugees. Since May 2005, refugees entry, therefore no additional permit will be issued. have been issued with a refugee smart ID, which contains security features that are not forgeable. Control of travellers This directorate seeks to professionalise the The travel documents of persons entering or functioning of the refugee regime in preparation for departing South Africa are examined by immigration mass influxes in the future, the main focus as a officers at recognised ports of entry, to determine measurement point being the 2010 Soccer World whether such persons comply with the Cup. The department also seeks to assist those requirements. who wish to return to their countries of origin after changes in the circumstances that led to their Control of sojourn forced migration, by engaging in campaigns of Foreigners who are in the country illegally and who voluntary repatriation jointly with the UN High are therefore guilty of an offence may be classified Commissioner for Refugees, and later declaration into three categories, namely those who: and application of cessation clauses, e.g. the • entered the country clandestinely Angolan Repatriation Programme. • failed to renew the temporary residence The Directorate: Information Co-ordination permits issued to them at ports of entry manages information on the National Immigration • breached the conditions of their temporary Branch to facilitate regional and national residence permits without permission, e.g. operations. holiday visitors who took up employment or The directorate’s main objectives are to: started their own businesses. • establish an information repository, which acts Depending on the circumstances, persons who are on risks and urgent immigration matters in South Africa illegally are either prosecuted, • ensure dynamic real-time support on tactical removed, or their sojourn is legalised. Officers at and legal matters to immigration officers the various regional and district offices of the globally. department are in charge of tracing, prosecuting By mid-2007, a turnaround project for immigration and removing illegal foreigners from the country. control was being implemented. It includes: Employers of illegal foreigners may also be • establishing an integrated refugee-information prosecuted. system • developing a draft protocol on the smuggling of Permanent residence human beings Government allows immigration on a selective • ratifying an SADC protocol on free movement of basis. The Department of Home Affairs is people responsible for: • developing a new secure passport system • Processing applications for immigration permits • capacitating the Department of Home Affairs’ for consideration. immigration branch, as part of the department’s • Admitting persons suitable for immigration, such turnaround strategy. as skilled workers in occupations in which there is a shortage in South Africa. The department Visas particularly encourages applications by industrialists Foreigners who wish to enter South Africa must be and other entrepreneurs who wish to relocate their in possession of valid and acceptable travel existing concerns or to establish new concerns documents. They must have valid visas, except in the in South Africa.

322 The department is not directly involved in an active port of entry. Such foreigners enjoy exemption for immigration drive. In categories where shortages the period only. Foreigners who require a visa prior exist, the normal procedure is for employers to to proceeding to South Africa, or who intend to recruit abroad independently, and in most cases, enter South Africa for any period longer than the initially apply for temporary work permits. period for which they are exempt from the visa The department considers the applications for requirement, must apply for and obtain a visa prior immigration permits of prospective immigrants to proceeding to the country. who wish to settle in the relevant provinces. In Foreigners who intend to accept an offer of terms of new regulations, regions will be employment, start a business, take up studies or responsible for issuing permits previously issued by enter South Africa for any purpose for which a the regional committees in respect of permanent temporary residence permit is provided for in the residence. They will also do so in respect of Act, must apply for an appropriate temporary temporary residence. Enquiries in this regard may residence permit via the South African diplomatic be made to the nearest office of the Department of representative in their countries of origin/ Home Affairs in South Africa, to missions abroad, or residence. In countries where there are no to the Director-General of Home Affairs for the representatives, applications must be submitted in attention of the Directorate: Permitting in Pretoria. the nearest country where there is a foreign representative. Temporary residence The outcome must be awaited outside South In terms of the Immigration Act, 2002, temporary Africa and applicants may only proceed to South residence permits are divided into the following Africa once the permit as applied for has been categories: issued to them. • visitor’s permits The overriding consideration when dealing with • diplomatic permits applications for work permits is whether the • study permits employment or task to be undertaken cannot be • treaty permits performed by a South African citizen or an • business permits approved permanent immigrant already residing in • crew permits South Africa. • medical permits Applications for the extension of temporary • relative’s permits residence permits must be submitted at least 30 • work permits with the following categories: days prior to the expiry date of the permit, to the - quota work permits nearest regional/district office of the Department of - general work permits Home Affairs where the applicant is employed. Any - intra-company transfer work permits enquiries related to temporary residence permits - exceptional skills work permits may be directed to the nearest district/regional - corporate work permits office of the Department of Home Affairs in South - retired person permits Africa, to South African diplomatic representatives - exchange permits abroad, or to the Director-General of Home Affairs, • asylum permits. for the attention of the Directorate: Permitting. In terms of Section 11, a visitor’s permit may be issued to a person who intends to enter South Removal of undesirable persons Africa for less than 90 days for the purpose of In terms of legislation, the Minister of Home Affairs tourism, business, education or medical treatment. may order the deportation of any person who is Foreigners who are exempt from visa declared undesirable or prohibited, other than an requirements, or who are citizens of countries that asylum seeker. are exempt from visa requirements for 90 days, These are foreign nationals who are in South may therefore proceed to a port of entry where Africa illegally and should be deported to the visitors’ permits for the mentioned period will be countries of which they are citizens or territories issued, provided such persons can produce where they have rights of domicile or residence. evidence to prove their bona fides. Any person who has become a deportation subject Foreigners who are citizens of countries that are may, pending his or her deportation, be detained in a exempted from visa requirements for less than manner and at a place determined by the Director- 90 days may likewise obtain visitors’ permits at a General of the Department of Home Affairs.

323 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

Acknowledgements BuaNews BuaBriefs Department of Home Affairs Department of Provincial and Local Government Department of Public Service and Administration Estimates of National Expenditure 2007, published by National Treasury Government Communication and Information System International Marketing Council Office of the Public Service Commission South African Management Development Institute www.cpsi.co.za www.dplg.gov.za www.gcis.gov.za www.gov.za www.imc.org.za www.salga.net Suggested reading Basedau, M, Erdman, G and Mehler, A, eds. Votes, Money and Violence: Political Parties and Elections in sub- Saharan Africa. Scottsville: University of Kwazulu-Natal Press, 2007. Bond, P. Elite Transition: From Apartheid to Neoliberalism in South Africa. 2nd ed. Scottsville: University of KwaZulu-Natal Press, 2005. Bratton, M, Mattes, R and Gyiamh-Boadi, E. Public Opinion, Democracy and Market Reform in South Africa. Cambridge: Cambridge University Press, 2005. Buhlungu, S. ed. Trade Unions and Democracy: Cosatu Workers’ Political Attitudes in South Africa. Cape Town: Human Sciences Research Council (HSRC) Press, 2006. Calland, R and Graham, P. eds. Democracy in the Time of Mbeki. Cape Town: Institute for Democracy in South Africa (Idasa), 2005. Calland, R. Anatomy of South Africa. Who Holds the Power? Cape Town: Zebra Press, 2006. Chidester, D. What Holds Us Together? Social Cohesion in South Africa. Pretoria: HSRC, 2003. Chipkin, I. Do South Africans Exist? Nationalism, Democracy and the Identity of “The People”. Johannesburg: Wits University Press, 2007. Constitution of the Republic of South Africa. Edited by Juta’s Statutes Editors, reflecting the law as at October 2004. Lansdowne: Juta, 2004. Cross, C. et al. eds. Views on Migration in Sub-Saharan Africa: Proceedings of an African Migration Alliance Workshop. Cape Town: HSRC Press, 2006. Delivering the Dream: Designing and Implementing Strategy in the Public Sector: Cape Town: Zebra Press, 2006. Daniel, J. et al. eds. State of the Nation: South Africa. Pretoria: HSRC, 2004. Geisler, G. Women and the Remaking of Politics in Southern Africa: Negotiating Autonomy, Incorporation and Representation. Uppsala: Nordiska Afrikainstituut, 2004. Good, K. Realising Democracy and Legitimacy in Southern Africa. Pretoria: Africa Institute of South Africa (Aisa), 2004. Kok, P. et al. eds. Migration in South and Southern Africa: Dynamics and Determinants. Cape Town: HSRC Press, 2005. MacDonald, M. Why Race Matters in South Africa. Scottsville: University of Kwazulu-Natal Press, 2006.

324 11 SA YEARBOOK 2007/08 | GOVERNMENT SYSTEM

Manganyi, C. ed. On Becoming a Democracy: Transition and Transformation in South African Society. Pretoria: Unisa Press, 2004. Governance in the New South Africa: The Challenges of Globalisation. Cape Town: University of Cape Town Press, 2003. Mills, G. Poverty to Prosperity: Globalisation, Good Governance and African Recovery. Cape Town: Tafelberg, 2004. Pillay, U. et al. Democracy and Delivery: Urban Policy in South Africa. Cape Town: HSRC Press, 2006. Piombo, J and Nijzink, L. Electoral Politics in South Africa: Assessing the First Democratic Decade. Cape Town: HSRC Press, 2005. Reddy, PS. et al. Local Government Financing and Development in Southern Africa. Cape Town: Oxford University Press, 2003. Salih, MA. ed. African Parliaments: Between Governance and Government. Cape Town: HSRC Press, 2007. Saul, JS. Development after Globalisation: Theory and Practice for the Embattled South in a New Imperial Age. Scottsville: University of Kwazulu-Natal, 2006. Saul, J. The Next Liberation Struggle. Scottsville: University of KwaZulu-Natal, c.2007. Seepe, S. Speaking Truth to Power: Reflections on Post-1994 South Africa. Pretoria: Vista University and Skotaville Publishers, 2004. Shain, M. ed. Opposing Voices: Liberalism and Opposition in South Africa Today. Cape Town: Jonathan Ball, 2006. Sicre, F and World Economic Forum. South Africa at 10: Perspectives by Political, Business and Civil Leaders. Cape Town: Human & Rousseau, 2004. Skjelten, S. A People’s Constitution: Public Participation in the South African Constitution-Making Process. Midrand: Institute of Global Dialogue, 2006. Southall, R and Melber, H. Legacies of Power: Leadership Change and Former Presidents in African Politics. Cape Town: HSRC Press, 2006. Sparks, A. Beyond the Miracle: Inside the New South Africa. Johannesburg: Jonathan Ball, 2003. Strand, P. et al. HIV/AIDS and Democratic Governance in South Africa: Illustrating the Impact on Electoral Processes. Pretoria: Idasa, 2005. The Constitution of the Republic of South Africa, 1996. Cape Town: Constitutional Assembly, 1997.

325 326