Government Systems

South Africa Yearbook 2015/16 Government Systems

South Africa Yearbook 2015/16 219 Government Systems Government Systems

South Africa is a constitutional democracy The Presidency, July 2014 with a three-tier system of government and an independent judiciary. President The national, provincial and local levels of Deputy President government all have legislative and executive authority in their own spheres, and are defined justice and fundamental human rights in the Constitution as distinctive, interdependent • improve the quality of life of all citizens and and interrelated. free the potential of each person Operating at both national and provincial • lay the foundations for a democratic and open levels are advisory bodies drawn from South society in which government is based on the Africa’s traditional leaders. will of the people, and in which every citizen is It is a stated intention in the Constitution that equally protected by law the country be run on a system of cooperative • build a united and democratic South Africa that governance. is able to take its rightful place as a sovereign Government is committed to the building of a State in the family of nations. free, non-racial, non-sexist, democratic, united and successful South Africa. Founding provisions South Africa is a sovereign and democratic State The Constitution founded on the following values: South Africa’s Constitution is one of the most • human dignity, the achievement of equality progressive in the world and enjoys high acclaim and the advancement of human rights and internationally. Human rights are given clear freedom prominence in the Constitution. • non-racialism and non-sexism The Constitution of the Republic of South Africa • supremacy of the Constitution and the rule of of 1996 was approved by the Constitutional law Court on 4 December 1996 and took effect on • universal adult suffrage, a national common 4 February 1997. voters’ roll, regular elections and a multiparty The Constitution is the supreme law of the system of democratic government to ensure land. No other law or government action can accountability, responsiveness and openness. supersede the provisions of the Constitution. Fundamental rights The Preamble The fundamental rights contained in Chapter 2 The Preamble states that the Constitution aims to: of the Constitution seek to protect the rights and • heal the divisions of the past and establish a freedom of individuals. society based on democratic values, social The Constitutional Court guards these rights

Structure and functions of the South African Government

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

Provincial governments Deputy ministers Judicial Service Commission

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

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and determines whether actions by the State are provincial interests in the national sphere of in accordance with constitutional provisions. government. Delegations consist of 10 representatives­ from Government each province. The NCOP must have a mandate Government consists of national, provincial and from the provinces before it can make certain local spheres, which are distinctive, interdependent decisions. and interrelated. The powers of the law-makers These 10 representatives include six (legislative authorities), government (executive permanent members, and four special delegates. authorities) and courts (judicial authorities) are Special calculations of the popular vote in separate from one another. elections make sure that minority interests are represented in each province’s delegation to the Parliament NCOP. Parliament is the legislative authority of South Local government representatives are allowed Africa and has the power to make laws for the to debate in the NCOP but not vote - 10 part-time country, in accordance with the Constitution. members represent the three different types of It consists of the National Assembly and municipality. The South African Local Government the National Council of Provinces (NCOP). Association also takes part in the NCOP. Parliamentary sittings are open to the public. It cannot, however, initiate a Bill concerning Since 1994 a number of steps have been money, which is the prerogative of the Minister taken to make it more accessible and to motivate of Finance. and facilitate public parti­cipation in the legislative The NCOP Online links Parliament to the process. provincial legislatures and local government The website www.parliament.gov.za encour- associations. It also provides information on ages comment and feedback from the public. draft legislation and allows the public to make electronic submissions. Cabinet The NCOP came into existence in February The Cabinet consists of the President, as 1997. head, the Deputy President and Ministers. The President appoints the Deputy President, Government clusters Ministers and Deputy Ministers, assigns their Clusters foster an integrated approach powers and functions, and may dismiss them. to governance that is aimed at improving The President may select any number of government planning, decision making and Ministers from the members of the National service delivery. The main objective is to Assembly, and may select no more than two ensure proper coordination of all government Ministers from outside the assembly. programmes at national and provincial levels. The President appoints a member of the The main functions of the clusters are to ensure Cabinet to be the leader of government business the alignment of government-wide priorities, in the National Assembly. facilitate and monitor the implementation of priority programmes and to provide a consultative National Assembly platform on cross-cutting priorities and matters The National Assembly is elected to represent being taken to Cabinet. the people and to ensure democratic governance The clusters of the Forum of South African as required by the Constitution. It does this by Directors-General (Fosad) mirror the Ministerial electing the President, providing a national clusters. The Fosad clusters provide technical forum for public consideration of issues, passing support to the Ministerial clusters. legislation and scrutinising and overseeing The Director-General in the Presidency is executive action. the chairperson of Fosad. Ministers had entered The National Assembly consists of no fewer into delivery agreements with President Jacob than 350 and no more than 400 members elected Zuma, having to give progress reports on their through a system of proportional representation. departments’ set targets. The National Assembly, which is elected for The 12 outcomes identified by government a term of five years, is presided over by the include: speaker, assisted by the Deputy Speaker. • improved quality of basic education • a long and healthy life for all South Africans National Council of Provinces • all people in South Africa are and feel safe The NCOP consists of 54 permanent members • decent employment through inclusive eco- and 36 special delegates, and represents nomic growth

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Cabinet Ministers and Deputy Ministers, as at October 2016

Portfolio Minister Deputy Minister Agriculture, Forestry and Fisheries Arts and Culture Rejoice Mabudafhasi Basic Education Enver Surty Communications Stella Ndabeni-Abrahams

Cooperative Governance and Traditional Affairs Obed Bapela Andries Nel

Defence and Military Veterans Nosiviwe Mapisa-Nqakula Kebby Maphatsoe Economic Development Madala Masuku Energy Tina Joemat-Pettersson Thembi Majola

Environmental Affairs Barbara Thompson Finance Mcebisi Jonas Health Joe Phaahla Higher Education and Training Mduduzi Manana Home Affairs Fatima Chohan Human Settlements Zoliswa Kota-Fredericks International Relations and Cooperation Maite Nkoana-Mashabane Luwellyn Landers Justice and Correctional Services Thabang Makwetla John Jeffery Labour Mildred Oliphant Patekile Holomisa Mineral Resources Mosebenzi Zwane Godfrey Oliphant Police Nkosinathi Nhleko Makhotso Sotyu Public Enterprises Gratitude Magwanishe Public Service and Administration Public Works Thembelani Nxesi Jeremy Cronin Rural Development and Land Reform Candith Mashego-Dlamini Science and Technology Zanele kaMagwaza-Msibi Small Business Development Elizabeth Thabethe Social Development Hendrietta Bogopane-Zulu Sport and Recreation Gert Oosthuizen

State Security Ellen Molekane Telecommunications and Postal Services

The Presidency: Buti Manamela Performance Monitoring, Evaluation and Administration The Presidency: Women _ Tourism Thokozile Xasa Trade and Industry _

Transport Sindisiwe Chikunga Water and Sanitation Pamela Tshwete

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• a skilled and capable workforce to support an • Public Service and Administration (Deputy inclusive growth path Chair) • an efficient, competitive and responsive • Cooperative Governance and Traditional economic infrastructure network Affairs • vibrant, equitable and sustainable rural • Justice and Constitutional Development communities with food security for all • Finance • sustainable human settlements and improved • The Presidency: Planning, Performance quality of household life Monitoring and Evaluation and Administration • a responsive, accountable, effective and • Communications efficient local government system • environmental assets and natural resources Social Protection, Community and Human that are well protected and continually Development Cluster enhanced The departments in this cluster are: • a better South Africa and contributing to a • Social Development (Chair) better and safer Africa and world • Basic Education (Deputy Chair) • an efficient, effective and development- • Cooperative Governance and Traditional oriented public service and an empowered, Affairs fair and inclusive citizenship. • The Presidency: Women • Human Settlements Economic Sectors, Employment • Labour Infrastructure Development Cluster • Public Works The departments in this cluster are: • Rural Development and Land Reform • Rural Development and Land Reform (Chair) • Social Development • Science and Technology (Deputy Chair) • Transport • Agriculture, Forestry and Fisheries • Sport and Recreation • Communications • Water and Sanitation • Economic Development • Arts and Culture • Finance • Basic Education • Higher Education and Training • Health • Labour • Higher Education and Training • Mineral Resources • Science and Technology • Public Enterprises • Environmental Affairs International Cooperation, Trade and • Transport Security Cluster • Water and Sanitation The departments in this cluster are: • Public Works • Defence and Military Veterans (Chair) • Human Settlements • Telecommunications and Postal Services • Cooperative Governance and Traditional (Chair) Affairs • International Relations and Cooperation • Energy (Deputy Chair) • Small Business Development • International Relations and Cooperation • Telecommunications and Postal Services • Finance • Public Works • Trade and Industry • The Presidency: Planning, Performance • Tourism Monitoring and Evaluation. • Environmental Affairs • State Security Governance and Administration Cluster The cluster deals with governance issues, Justice, Crime Prevention and Security including government’s Planning Framework, and Cluster the monitoring and evaluation of government’s The departments in this cluster are: performance. It is through this cluster where • Justice and Constitutional Development the government is able to monitor how various • Defence and Military Veterans (Chair) 14 policies’ interventions affect Persons with • Police (Deputy Chair) Disabilities, and what further interventions are • Defence and Military Veterans necessary to enhance policy efficacy. • Home Affairs The departments in this cluster are: • State Security • Home Affairs (Chair) • Police

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• Correctional Services Government Business (in Parliament) • The Minister of Performance, Monitoring and Izimbizo Evaluation as well as Administration The second National Imbizo Focus Week of the • The Minister of Women fifth democratic administration took place from • The Deputy Minister for Planning, 7 to 12 April 2015. The Imbizo Focus Weeks Performance, Monitoring and Evaluation. enable Ministers, Deputy Ministers, Premiers The Presidency has three structures which and Members of Executive Councils (MECs) support governance operations directly. They to interact closely with communities in different are: parts of the country. • Cabinet Office, which provides administrative The main focus of the Imbizo Focus Week support to Cabinet. It implements administrative was to afford political principals from all three systems and processes to ensure the overall spheres of government an opportunity to unpack optimal functioning of the Cabinet and its the pronouncements made by the President committees. It also facilitates the management during the State of the Nation Address on the of decision-making processes of the Cabinet 12th February 2015. and its Committees. The focus week also served as a platform • Policy Co-ordination Advisory Services to enhance partnerships and increase active comprises a Deputy Director-General and participation between government, the citizens, five Chief Directorates, which support policy private sector, civil society, organised labour, processes developed by respective clusters of sectoral groups, faith-based organisations and Directors-General. the media. • Legal and Executive Services provides legal From 30 November to 6 December 2015, advice to the President, Deputy President, another National Imbizo Focus Week was the Minister, as well as The Presidency as held and it coincided with the Parliamentary a whole, and is responsible for all litigation Constituency Week as well as fall within the involving the political principals. dedicated 16 Days of Activism for No Violence The President, as the Head of State, leads the Against Women and Children period. Cabinet. He or she is elected by the National Assembly from among its members, and leads Law-making the country in the interest of national unity, in Any Bill may be introduced in the National accordance with the Constitution and the law. Assembly. A Bill passed by the National Assembly The President appoints the Deputy President must be referred to the NCOP for consideration. from among the members of the National A Bill affecting the provinces may be introduced Assembly. in the NCOP. After the council passes it, it must The Deputy President assists the President in be referred to the National Assembly. executing government functions. A Bill concerning money must be introduced The Presidency received Cabinet-approved in the assembly and referred to the NCOP for additional allocations of R20 million in 2015/16 consideration and approval after being passed. and R30 million in 2016/17. If the NCOP rejects a Bill or passes it subject Cabinet has also approved reductions of R13,6 to amendments, the assembly must reconsider million over the medium term for non-core goods the Bill and pass it again with or without and services items and the transfer payment to amendments. the National Youth Development Agency. There are special conditions for the approval of laws dealing with provinces. National Development Plan (NDP) 2030 The NDP is South Africa’s socio-economic policy The Presidency blueprint that focuses, among other things, on: As the executive manager of government, The • eliminating poverty by reducing the proportion Presidency is at the apex of South Africa’s of households with a monthly income below government system. It is situated in the Union R419 per person from 39% to zero and the Buildings in Pretoria, and has a subsidiary office reduction of inequality in Tuynhuys, . • increasing employment from 13 million in 2010 The Presidency comprises five political to 24 million by 2030 principals: • broadening the country’s ownership of assets • The President, who is the Head of State and by historically disadvantaged groups Government • ensuring that all children have at least two • The Deputy President, who is the Leader of years of pre-school education and that all

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children can read and write by Grade 3 or expulsion from the party or the council. • providing affordable access to healthcare In August 2016, millions of South Africans took • ensuring effective public transport. to the polls to vote for their preferred municipality leaders. There were 26,3 million voters that were Monitoring and evaluation eligible to cast their ballots which was a 11% Institutional Performance Monitoring and increase from the previous municipal elections – Evaluation (IPME) amounting to 2 678 307 more voters. IPME monitors the quality of management This was a new record for the IEC as the practices in government departments through voters roll has grown by 42.5% since the first the Management Performance Assessment Tool municipal elections in 2000. (MPAT). There were 943 203 more voters (an increase The Frontline Service Delivery Monitoring of 3,7%) in 2016 than there were for the 2014 programme of IPME is responsible for designing national and provincial elections. and implementing hands-on service delivery Some 55% of voters 14,5 million were women monitoring activities with offices of the Premier and and 45% (11,9 million) were men. for setting up and supporting the implementation In terms of age, about 48% of all voters were of citizens-based monitoring systems. under the age of 40 (12,7 million). The Presidential Hotline is also located in this Gauteng had the highest number of voters with branch. 6,2 million registered, followed by KwaZulu-Natal with 5,4 million, the Eastern Cape with 3,3 million Elections and the Western Cape with three million. National and provincial elections are held About 69% of all voters were from these four once every five years. provinces. All South African citizens aged 18 and over are eligible to vote. Inter-Ministerial Committees The Constitution places all elections and (IMCs) referendums in the country in all three spheres of The February 2015 Extended Cabinet Lekgotla government under the control of the Independent approved the establishment of an IMC, led Electoral Commission (IEC), established in by the Deputy President, and comprising the terms of the IEC Act, 1996 (Act 51 of 1996). Ministers of Public Enterprises, Finance, Energy, The obligations of the IEC are to: Transport, Telecommunications and Postal • manage elections of national, provincial and Services and of Water and Sanitation to promote municipal legislative bodies the prioritisation of state entities including South • ensure that those elections are free and fair African Airways. • declare the results of those elections In April 2015, the President appointed an • compile and maintain a voters’ roll. IMC on Migration. The IMC comprises of the The duties of the IEC are to: Minister in The Presidency: Planning, Monitoring • compile and maintain a register of parties and Evaluation; Minister of Police( Deputy • undertake and promote research into electoral Chairperson); Minister of Home Affairs; Minister matters of Cooperative Governance and Traditional • develop and promote the development of Affairs; Minister of International Relations and electoral expertise and technology in all Cooperation; Minister of Defence and Military spheres of government Veterans; Minister of Social Development; • continuously review electoral laws and Minister of Health; Minister of Basic Education; proposed electoral laws, and make Minister of State Security; Minister of Justice recommendations and Correctional Services; Minister of Small • promote voter education Business Development; Minister of Trade and • declare the results of elections for national, Industry; and Minister of Human Settlements. provincial and municipal legislative bodies The mandate of this IMC was to broaden in within seven days order to deal with all the underlying causes of • appoint appropriate public administrations in the tensions between communities and foreign any sphere of government to conduct elections nationals. when necessary. Some that are being addressed by the IMC The IEC manages an average of approximately include the implementation of South Africa’s 130 by-elections a year. By-elections are held labour relations policies as they affect some when ward councillors vacate their seats for a foreign nationals; the implementation of the laws variety of reasons including death, resignation, that govern business licenses; the country‘s

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border management and the country’s migration • Minister of Social Development policies. • Minister of Sports and Recreation The IMC on anti-poverty, which is ALSO • Minister of State Security headed by the Deputy President, played a • Minister of Transport critical role in coordinating multiple stakeholders. • Premier of KwaZulu-Natal It also worked to build partnerships outside of • Executive Mayor of eThekwini. government.

Short-term IMCs Department of Cooperative The President also established the following Governance and Traditional short-term IMCs dedicated to organising certain Affairs (DCoGTA) high-level events: The DCoGTA is responsible for facilitating In April 2016, the President appointed an IMC cooperative governance, to support all spheres on the commemoration of the 40th Anniversary of government and to assist the institution of of the Soweto Student Uprising. traditional leadership with transforming itself The IMC was tasked with ensuring the planning into a strategic partner of government in the and success of the momentous occasion. development of communities. The members of the IMC comprised the The department’s mission is to ensure that all following ministers: municipalities perform their basic responsibilities • Minister in The Presidency: Planning, and functions consistently by: Monitoring and Evaluation as Chairperson • Putting people and their concerns first • Minister of Arts and Culture • Supporting the delivery of municipal services • Minister of Basic Education to the right quality and standard • Minister of Communications • Promoting governance, transparency • Minister of Cooperative Governance and and accountability Traditional Affairs • Ensuring sound financial management and • Minister of Defence and Military Veterans accounting • Minister of Higher Education • Building institutional resilience and • Minister of Home Affairs administrative capability. • Minister of Justice and Correctional Services • Minister of Police Legislation and policies • Minister of Public Works The department oversees the implementation of, • Minister of State Security among other things, the following legislation: • Minister of Water and Sanitation • Intergovernmental Relations Framework Act, • The Premier of the Gauteng Provincial 2005 (Act 13 of 2005). Government, and • Municipal Property Rates Act, 2004 (Act 6 of • The Executive Mayor of the City of 2004). The Municipal Property RatesAmendment Johannesburg Act, 2009 (Act 19 of 2009). In May 2016, an IMC on the 21st International • Municipal Finance Management Act, 2003 AIDS Conference was appointed. Its members (Act 56 of 2003). were: • Disaster Management Act, 2002 (Act 57 of • Minister in The Presidency for Planning, 2002). Monitoring and Evaluation as Chairperson • Municipal Systems Act, 2000 (Act 32 of 2002). • Minister in The Presidency for Women, Ms • The Municipal Systems Amendment Act, 2011 Susan Shabangu (Act 7 of 2011). • Minister of Arts and Culture • Municipal Structures Act, 1998 (Act 117 of • Minister of Tourism 1998). • Minister of Communications • Local Government: Municipal Demarcation • Minister of Cooperative Governance and Act, 1998 (Act 27 of 1998). Traditional Affairs • White Paper on Local Government (1998). • Minister of Defence and Military Veterans • National House of Traditional Leaders Act, • Minister of Health 2009 (Act 22 of 2009), and the Traditional • Minister of Home Affairs Leadership and Governance Framework Act, • Minister of International Relations and 2003 (Act 49 of 2003), which were consolidated Cooperation by the National Traditional Affairs Bill to simplify • Minister of Police the process. In September 2013, the National • Minister of Public Works Traditional Affairs Bill was published in the

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Members of the executive councils of provincial government, as at October 2016

Eastern Cape Premier Mandla Makupula Education and Training Sakhumzi Somyo Finance, Economic Development, Environmental Affairs and Tourism Pumza Dyantyi Health Helen Sauls-August Human Settlements Fikile Xasa Cooperative Government and Traditional Affairs Thandiswa Marawu Roads and Public Works Mlibo Qoboshiyane Rural Development and Agrarian Reform Weziwe Tikana Transport, Safety and Liaison,

Nancy Silwayi Social Development

Pemmy Majodina Sport, Recreation, Arts and Culture

Free State Sekgobelo Elias Magashule Premier Oupa Khoabane Agriculture and Rural Development Olly Mlamleli Cooperative Governance, Traditional Affairs and Human Settlements Malambulele Samuel Mashinini Economic Development, Environmental Affairs and Tourism Pule Makgoe Education Benny Malakoane Health Elzabe Rockman Provincial Treasury Butana Komphela Police, Roads and Transport Dora Kotzee Public Works and Rural Development Sefora Ntombela Social Development Mathabo Leeto Sport, Arts, Culture and Recreation Gauteng Premier Nandi Mayathula-Khoza Social Development Sizakele Emelda Nkosi-Malobane Community Safety Lebogang Maile Economic Development, Environment, Agriculture and Rural Development Andrek Panyaza Lesufi Education Finance Qedani Dorothy Mahlangu Health Human Settlements and Cooperative Governance and Traditional Affairs Infrastructure Development Faith Mazibuko Sport, Arts, Culture and Recreation Ismail Vadi Roads and Transport KwaZulu-Natal Willies Mchunu Premier Themba Mthembu Agriculture and Rural Development Bongi Sithole-Moloi Arts, Culture, Sport and Recreation Nomusa Dube-Ncube Cooperative Governance and Traditional Affairs Sihle Zikalala Economic Development, Tourism and Environmental Affairs Mthandeni Dlungwane Education Belinda Scott Finance Dr Sibongiseni Maxwell Dhlomo Health Ravi Pillay Human Settlements and Public Works Weziwe Gcotyelwa Thusi Social Development Transport, Community Safety and Liaison

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Members of the executive councils of provincial government, as at October 2016 Limpopo Chupu Premier Joy Matshoge Agriculture and Rural Development Makoma Makhurupetje Cooperative Governance, Human Settlements and Traditional Affairs Seaparo Charles Sekoati Economic Development, Tourism and Environmental Affairs Ishmael Kgetjepe Education Dr Phophi Constance Ramathuba Health Rob Tooley Provincial Treasury Jerry Ndou Public Works, Roads and Infrastructure Mapula Mokaba-Phukwana Transport, Safety, Security and Liaison Joyce Mashamba Social Development Nandi Ndalane Sport, Arts and Culture Rob Tooley Treasury Mpumalanga Premier Vusumuzi Shongwe Agriculture, Rural Development and Land and Environmental Affairs Petrus Ngomana Community Safety, Security and Liaison Refilwe Mtsweni Cooperative Governance and Traditional Affairs Norah Mahlangu Culture, Sport and Recreation Makgabo Mhaule Education Eric Kholwane Finance, Economic Development and Tourism Gillion Mashego Health Speedy Mashilo Human Settlements Sasekani Manzini Public Works, Roads and Transport Busi Shiba Social Development Northern Cape Sylvia Lucas Premier Norman Shushu Agriculture and Land Reform Alvin Botes Cooperative Governance, Human Settlements and Traditional Affairs Martha Bartlett Education Magdalene Chotelo Environment and Nature Conservation MacCollen Jack Finance, Economic Affairs and Tourism Lebogang James Motlhaping Health Simon Sokatsha Infrastructure and Public Works Gift van Standen Social Development Lebogang Motlhaping Sport, Arts and Culture Pauline Williams Transport, Safety and Liaison North West Supra Mahumapelo Premier Mpho Motlhabani Community Safety and Transport Management Ontlametse Mochware Culture, Arts and Traditional Affairs Sello Lehar Education and Sport Development Dr Lydia Sebego Health Fenny Gaolaolwe Local Government and Human Settlements Madoda Sambatha Public Works and Roads

Manketsi Tlhape Rural, Environment and Agricultural Development

Fenny Gaolaolwe (Acting) Social Development Desbo Mohono Tourism

Wendy Nelson Treasury and Enterprise Development

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Members of the executive councils of provincial government, as at September 2016

Western Cape Premier Community Safety Cultural Affairs and Sport Debbie Schäfer Education Finance Agriculture and Economic Development Prof Nomafrench Mbomba Health Human Settlements Local Government, Environment Affairs and Development Planning Social Development Donald Grant Transport and Public Works

Government Gazette for public comment. The programme (CWP) to increase the number of amendment of the legislation will also ensure, participants from 172 000 in 2013/14 to 362 000 among other things, that traditional affairs, in 2016/17. rather than only traditional leaders, will take The Municipal Infrastructure Support Agency centre stage. The Khoisan communities will received an additional allocation of R60 million also be fully represented in the National House over the medium term to expand infrastructure of Traditional Leaders. capacity to 80 municipalities and the municipal • In August 2014, President Jacob Zuma signed disaster recovery grant receives an additional into law the Local Government: Municipal R59.1 million for the disasters that occurred in Property Rates Amendment Act, 2014 (Act 29 2009 and 2010 in Limpopo, KwaZulu-Natal and of 2014). Western Cape. The Act seeks to: - regulate the categories of property in respect of Provincial government which rates may be levied In accordance with the Constitution, each - regulate the time frames of publication of the province has its own legislature, consisting of resolutions levying rates and what must be between 30 and 80 members. contained in the promulgated resolution; The number of members is determined - provide for the exclusion from the rates of according to a formula set out in national certain categories of public service legislation. The members are elected in terms of infrastructure; proportional representation. - give powers to a municipality to levy different The executive council of a province consists rates on vacant land; of a premier and a number of members (MECs). - give power to the MEC of Local Government to Premiers are appointed by the President. extend the period of validity of a valuation roll Decisions are taken by consensus, as is the by additional two years; case in the national Cabinet. - amend the dates on which a supplementary Besides being able to make provincial laws, valuation takes effect; and a provincial legislature may adopt a constitution - address the problems that have been for its province if two thirds of its members agree. experienced in the implementation of the A provincial constitution must correspond with Local Government: Municipal Property the national Constitution. Rates Act, 2004. According to the Constitution, provinces may have legislative and executive powers, concurrent Budget with the national sphere, over: Over the medium term, spending on conditional • agriculture and other fiscal transfers is expected to increase • casinos, racing, gambling and wagering as a result of Cabinet approved budget changes • cultural affairs within the local government, housing and • education at all levels, excluding university community amenities and the employment and university of technology education programmes function. The largest increase in • environment expenditure relates to R1,1 billion in 2016/17 • health services for the expansion of the community work • human settlements

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• language policy about desired development directions • nature conservation • increase predictability in the development • police services environment, for example by establishing • provincial public media “no-go,” “conditional” and “go” areas for • public transport development and redress of the spatial legacy • regional planning and development of . • road-traffic regulation • tourism Local government • trade and industrial promotion In accordance with the Constitution and the • traditional authorities Organised Local Government Act, 1997 (Act 52 • urban and rural development of 1997) up to 10 part-time representatives may • vehicle licensing be designated to represent municipalities and • welfare services. participate in proceedings of the NCOP. These powers can be exercised to the extent The DCoGTA aims to build and strengthen the that provinces have the administrative capacity capability and accountability of provinces and to assume effective responsibilities. municipalities. Provinces also have exclusive competency This includes: over a number of areas, which include: • continued hands-on support through the • abattoirs established system and capacity-building • ambulance services programme, focusing on critical areas such • liquor licences as integrated development planning, local • museums other than national museums economic development (LED), financial • provincial planning management, service delivery and public • provincial cultural matters participation • provincial recreational activities • evaluating the impact of government pro- • provincial roads and traffic. grammes in municipal areas, enhancing The President’s Coordinating Council (PCC) performance and accountability by improving is a statutory body established in terms of the the quality of reporting­ on the Local Government Intergovernmental Relations Framework Act of Strategic Agenda (LGSA) and improving the 2005, which brings together the three spheres monitoring, reporting and evaluation of ca- of government on matters of common interest pacity in local government and national importance, thereby strengthening • coordina­ting and supporting policy deve- cooperative government. Among other things, lopment, implementing the LGSA, and the forum looked at: monitoring and supporting service delivery. • mechanisms for monitoring job creation and implementation of the New Growth Path Municipalities (NGP) in all spheres of government The Constitution provides for three categories • shared experiences in creating an environment of municipality. There are 278 municipalities in for job creation in provinces South Africa, comprising eight metropolitan, • specific provincial matters 44 district and 226 local municipalities. They • monitoring and evaluation. are focused on growing local economies and providing infrastructure and service. Provincial Spatial Development Metropoles have a choice between two types Framework (PSDF) of government: the mayoral executive system The PSDF aims to: where the mayor has the authority, or the • be the spatial expression of the Provincial collective executive committee system. Growth and Development Strategy As directed by the Constitution, the Local • guide (metropolitan, district and local) Government: Municipal Structures Act of 1998 municipal IDPs and spatial development contains criteria for determining when an area frameworks and provincial and municipal must have a category-A municipality (metropolitan framework plans municipalities) and when municipalities fall into • help prioritise and align the investment categories B (local municipalities) or C (district and infrastructure plans of other provincial municipalities). departments, as well as national departments’ The Act also determines that category-A and parastatals’ plans and programmes in the municipalities can only be established in provinces metropolitan areas. • provide clear signals to the private sector Metropolitan councils have single metropolitan

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budgets, common property ratings and service- • service delivery tariff systems, and single-employer bodies. • governance South Africa has eight metropolitan municip- • financial management alities, namely: • infrastructure development • Buffalo City (East London) • fighting corruption. • The department aims to review all pieces of • Ekurhuleni Metropolitan Municipality (East legislation that impede service delivery. In this Rand) regard, more than 300 sections of legislation that • City of eThekwini (Durban) fall under this category have been identified and • City of Johannesburg reviews undertaken. • Mangaung Municipality (Bloemfontein) • Nelson Mandela Metropolitan Municipality Municipal Infrastructure Grant (Port Elizabeth) The MIG aims to eradicate municipal • City of Tshwane (Pretoria). infra-structure backlogs in poor communities to Metropolitan councils may decentralise powers ensure the provision of basic services such as and functions. However, all original municipal, water, sanitation, roads and community lighting. legislative and executive powers are vested in The DCoGTA is responsible for managing the metropolitan council. and transferring the MIG and provides support In metropolitan areas, there is a choice of to provinces and municipalities on implementing types of executive system: the mayoral executive MIG projects. system where executive authority is vested in the mayor, or the collective executive committee Community Work Programme system where these powers are vested in the The CWP aims to create one million work executive committee. opportunities by the 2018/19 financial year, Non-metropolitan areas consist of district covering all local municipalities. The CWP is a councils and local councils. District councils are key government initiative aimed at mobilising primarily responsible for capacity-building and communities to provide regular and predictable district-wide planning. The Local Government: work opportunities at the local government level. Municipal Structures Act of 1998 provides for The purpose of the programme is to provide an ward committees whose tasks, among other employment safety net for those without access things, are to: to opportunities designed to lift them out of • prepare, implement and review IDPs poverty. The programme also provides access • establish, implement and review municipalities’ to a minimum level of regular work, two days a performance-management systems week; eight days a month; and 100 days a year • monitor and review municipalities’ at a wage rate presently set at R71 a day. performances The programme recognises that policies to • prepare municipalities’ budgets address unemployment and create decent work • participate in decisions about the provision of will take time to reach people living in marginalised municipal services areas where few opportunities exist. • communicate and disseminate information on The programme has been implemented in 76 governance matters. of the department’s 105 priority municipalities in the short-term, while in the medium-term; all Municipal Infrastructure Support Agent municipalities in the country will have at least (Misa) one CWP site. At the end of March 2013, Misa deployed 68 technical consultants and 24 service providers Local economic development that support 100 priority municipalities. LED is an approach towards economic development that allows and encourages local Local Government Turnaround Strategy people to work together to achieve sustainable (LGTAS) economic growth and development, thereby The LGTAS was introduced as a government bringing economic benefits and improved quality programme of action and a blueprint for of life to all residents in a local municipal area. better service delivery aimed at responsive, LED is intended to maximise the economic accountable, effective and efficient local potential of municipal localities and enhance the government. Five focus areas aimed at resilience of macro-economic growth through fast-tracking implementation of the strategy increased local economic growth, employment have been identified. These are: creation and development initiatives within the

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context of sustainable development. The “local” • ensure full participation of women in local in economic development points to the fact that government the political jurisdiction at local level is often the • act as the national employers’ organisation for most appropriate place for economic intervention, municipal and provincial member employers as it carries alongside it the accountability and • provide legal assistance to its members, using legitimacy of a democratically elected body. its discretion in connection with matters that LED programmes provide support in the affect employee relations. following areas: SALGA is funded through a combination of • developing and reviewing national policy, sources, including a national government grant, strategy and guidelines on LED membership fees from provincial and local • providing direct and hands-on support to government associations that are voluntary provincial and local government members, and donations from the donor • managing the LED Fund community for specific projects. • managing and providing technical support to The Human Resource Management and nodal economic development planning Development Strategy aims to turn municipalities • facilitating, coordinating and monitoring donor into professional and responsive entities. programmes The strategy is intended to help municipalities • assisting LED capacity-building processes. make better use of the human capital at their Through these interventions and resources, local disposal, for them to be able to fulfil their role players and interest groups are mobilised to important objective of accelerating service achieve economic growth and creating jobs to delivery as well as promoting development in reduce poverty. local government as a whole. The strategy emphasises employing indivi- Municipal Demarcation Board (MDB) duals who are prepared to extend themselves in The MDB is an independent authority responsible serving the needs of people, are professional, for the determination of municipal boundaries. The and are constantly learning and developing board’s status as an independent authority is also themselves. protected by Section 3 of the Local Government: One of SALGA’s achievements was the establish- Municipal Demarcation Act of 1998 and various ment of public accounts committees on judgements by the Constitutional Court. municipalities, which allowed councils In addition to the determinations and re-deter- themselves to exercise accountability. minations of municipal boundaries, the MDB is also mandated by legislation to declare the Disaster management district management areas; to delimit wards for The Disaster Management Act of 200, was local elections; and to assess the capacity of promulgated in 2003. The National Disaster- municipalities to perform their functions. Management Centre (NDMC) and functional disaster-management centres and advisory South African Local Government forums were established in eight provinces. The Association (SALGA) National Disaster-Management Advisory Forum SALGA is a listed public entity, established was recognised by the United Nations (UN) as in terms of Section 21 of the Companies Act, the national platform for reducing disaster risk. 1973 (Act 61 of 1973), and recognised by South Africa has also made significant the Minister of Cooperative Governance and progress in implementing the Hyogo Framework Traditional Affairs, in terms of the Organised for Action – a global blueprint which aims to Local Government Act of 1997. substantially reduce disaster losses by 2015. SALGA represents local government on Through the NDMC, the DCoGTA registered numerous intergovernmental forums such as the unit standards for levels three to seven with the PCC, Minister and MECs (MinMec) forum, the South African Qualifications Authority (Saqa) for Budget Forum, the NCOP and the Financial and a national certificate in disaster risk management. Fiscal Commission. The department also developed regulations SALGA aims, among other things, to: for recruiting and using disaster-management • transform local government to enable it to fulfil volunteers. its developmental role • enhance the role of provincial local government Traditional affairs associations as provincial representatives and In September 2013, Cabinet approved the consultative bodies on local government publication of a Bill that would pave the way • raise the profile of local government for the Khoisan people to be recognised.

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The Bill makes statutory provisions for the The National Khoisan Council aims to unite recognition of the Khoisan and also addresses the Khoisan communities and create a platform limitations of existing legislation relating to through which they can raise issues affecting traditional leadership and governance. The Bill them as a group of communities. The most will contribute to the NDP’s key target relating important issue is the statutory recognition to broadening social cohesion and unity while and inclusion of the Khoisan people in formal addressing the inequalities of the past. government structures. South Africa also has provincial houses of traditional leaders in the following six provinces: Houses of traditional leaders Eastern Cape, Free State, KwaZulu-Natal, The Constitution mandates the establishment of Limpopo, Mpumalanga and North West. houses of traditional leaders by means of either National and provincial houses of traditional provincial or national legislation. leaders enhance the cooperative relationships The National House of Traditional Leaders was within national and provincial government. established in terms of the then National House Local houses of traditional leaders deepen and of Traditional Leaders Act, 1997 (Act 10 of 1997). cement the relationship between municipalities Its objectives and functions are to promote the and traditional leaders on customary law and role of traditional leadership within a democratic development initiatives. constitutional dispensation, enhance unity and understanding among traditional communities Traditional leadership and advise national government. Chapter 11 of the Constitution states that the Provincial houses of traditional leaders institution, status and roles of traditional leader­ were established in all six provinces that ship, according to customary law, are recognised. have traditional leaders, namely the Eastern Government acknowledges the critical role Cape, Free State, KwaZulu-Natal, Limpopo, of traditional leadership institutions in South Mpumalanga and North West. Africa’s constitutional democracy and in com- The national and provincial houses of munities, particularly in relation to the traditional leaders enhance the cooperative rural-development strategy. relationships within national and provincial It therefore remains committed to strength- government, while the establishment of local ening the institution of traditional leader-ship. houses of traditional leaders deepens and To this end, numerous pieces of legislation cements the relationship between municipalities have been passed and various programmes and traditional leaders on customary law and implemented to ensure that traditional leader- development initiatives. ship makes an important contribution to the development of society. Commission on Traditional The department is also working on a range Leadership Disputes and Claims of issues, which include policies on unity and The commission was established in terms of diversity, initiation, traditional healing, the Traditional Leadership and Governance traditional leaders’ protocol, family trees, the Framework Act of 2003. remuneration and benefits of traditional leaders It is tasked with restoring the dignity of based on uniform norms and standards, and traditional leaders and their communities by involving the Khoisan people in the system of investigating and ensuring that the institution governance in South Africa. of traditional leadership is restored to where it belongs. It also investigates all claims to any Traditional councils position of traditional leadership (king/queen/ Legislation has transformed the composition of principal/senior traditional leader and headmen traditional councils to provide for elements of and women), including disputes over the democracy. It states that 40% of members must boundaries of traditional councils. be elected and that one third of members must Section 25 of the Traditional Leadership and be women. Governance Framework Act of 2003 requires Legislation has also opened up an opportunity that the commission investigate and make for municipalities and traditional councils to recommendations on cases where there is doubt achieve cooperative governance. as to whether a kingship, principal traditional Traditional councils have been given a strong leadership or senior traditional leadership and voice in development matters and may now headmanship was established in accordance enter into partnerships and service-delivery with customary law and customs. agreements with government in all spheres.

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Media Development and Diversity will form part of the overall work of the Public Agency (MDDA) Service and Administration Portfolio over the The MDDA was set up by an Act of Parliament, next four-year period. These will serve as 2002 (Act 14 of 2002) to enable historically the main strategic indicators that will point to disadvantaged communities and people not whether the Public Service is effective, efficient adequately served by the media to gain access and development-oriented. to the media. Its beneficiaries were community They are: media and small commercial media. • services rendered with speed To achieve its objective, the MDDA encourages: • services easily accessible to citizens • ownership and control of, and access to, media • services provided at lower cost by historically disadvantaged communities and • appropriately skilled public servants to render historically diminished indigenous language services. and cultural groups • competitive conditions of service for public • the channelling of resources to community servants and the achievement of labour peace. and small commercial media • no corruption • human resource development and capacity- • a positive impact on the lives of people and building in the media industry, especially the economy. among historically disadvantaged groups The Minister of Public Service and Administration • research regarding media development and and union leaders launched the Public Service diversity. Charter in August 2013. The charter is a commitment between the State as the employer Department of Public Service and and labour, which seeks to professionalise and Administration (DPSA) encourage excellence in the public service The DPSA is at the centre of government. It and improve service delivery. It also introduces plays a major policy role in establishing norms service standards in the public service, with a and standards for the Public Service, which call to public servants to meet and exceed them. ensure that service-delivery mechanisms, inte- grated systems and access, human resources, Anti-corruption bureau institutional development and governance initia- The Minister of Public Service and Administration tives are responsive to the needs of citizens. launched the anti-corruption bureau to fast-track This mandate has evolved over the years from disciplinary cases in the public sector. The transforming and modernising the Public Service bureau forms part of amendments to the Public through the development and implementation of Service Act of 1994. policies and frameworks, to providing implemen- The amendments also include banning all tation support to ensure compliance, improve public servants from doing business with the service delivery and strengthen monitoring and government. evaluation. Cabinet and provinces have adopted a manual In terms of the Public Service Act of 1994, as on procedures for recruiting, and/or retaining amended, the Minister of Public Service and officials that resign. Administration is responsible for establishing Uniform standards will be applied to all public norms and standards relating to: servants across government. • the functions of the Public Service The bureau will conduct investigations, • organisational structures and the establish- institute disciplinary proceedings and work with ment of departments and other organisational existing law enforcement agencies, such as the and governance arrangements in the Public Special Investigating Unit (SIU) and National Service Prosecuting Authority (NPA), and the other • labour relations, conditions of service and related agencies such as, Financial Intelligence other employment practices for employees Centre (FIC) and South African Revenue Service • the health and wellness of employees (Sars). • information management Criminal cases will be referred to law • electronic government in the Public Service enforcement agencies. • integrity, ethics, conduct and anti-corruption The bureau also has to provide technical • transformation, reform, innovation and any assistance and advisory support to deal with other intervention to improve the effectiveness disciplinary matters in the public administration, and efficiency of the Public Service and its while ensuring that the public sector applies service delivery to the public. uniform disciplinary standards. The DPSA has identified five focus areas that A case management system allows officials to

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monitor the progress of cases to ensure that they tions are finalised speedily. By 2014, an agreement • reporting any corruption or irregularity encoun- was already in place with the NPA to ensure that tered within the sphere of government, govern- whistle-blowers were protected. ment departments, community organisations The passing of the Public Administration or the private sector. Management Bill (PAM) in March 2014 was expected to change the face of the state at Public Service Commission (PSC) national, provincial, and local levels. The Bill The PSC is tasked and empowered to, amongst was a major step forward in the building of an others, investigate, monitor, and evaluate the effective, efficient, and ethical public service. organisation and administration of the Public An effective, efficient and ethical Public Service. Service is a central element in the building of a This mandate also entails the evaluation of democratic developmental state as mandated by achievements, or lack thereof of Government the NDP. programmes. The PSC also has an obligation to Among other things, the PAM Bill prohibits promote measures that would ensure effective public administration officials from conducting and efficient performance within the Public business with the State and officials in public Service and to promote values and principles administration are required to declare the of public administration as set out in the financial and business interests of their Constitution, throughout the Public Service. immediate family members. The PSC has an obligation to promote By prohibiting officials from conducting measures that will ensure effective and efficient business with the State, government is eliminating performance within the Public Service and incentives and opportunities for corruption and to promote values and principles of public unethical conduct. administration, as set out in the Constitution, throughout the Public Service. Role players The Constitution mandates the commission to: Community development workers (CDWs) • promote the values and principles governing CDWs link early childhood development centres public administration with programmes of the Department of Social • investigate, monitor and evaluate the Development. In the area of HIV and AIDS, organisation, administration and the personnel CDWs disseminate user-friendly information practices of the Public Service on these conditions and mobilise communities • propose measures to ensure effective and to actively participate in HIV and AIDS-related efficient performance within the Public Service awareness programmes including World AIDS • give directions aimed at ensuring that Day. personnel procedures relating to recruitment, To promote food security, CDWs identify indi- transfers, promotions and dismissals comply gent households and mobilise them to benefit with the constitutionally prescribed values and from the departments of agriculture and rural principles development’s food security programmes. • report its activities and the performance of its To contribute to job creation, CDWs identify functions, including any findings it may make and link unemployed youths to government’s and to provide an evaluation of the extent Expanded Public Works Programme (EPWP) to which it complies constitutionally with the and Community Works Programme. prescribed values and principles To empower CDWs with information on gov- • either of its own accord or on receipt of any ernment priorities, the department convened a complaint: national CDW conference for 500 CDWs from all -- investigate and evaluate the application provinces in March 2013. CDWs are agents of of personnel and public-administration participatory democracy. Their functions include: practices, and report to the relevant • communicating government and other infor- executive authority and legislature mation to communities in an accessible way -- investigate grievances of employees in the • providing feedback to government regarding Public Service concerning official acts or community experiences of service delivery omissions, and recommend appropriate and governance remedies • providing early warning to government of any -- monitor and investigate adherence to obvious reduction in service standards and applicable procedures in the Public Service performance that could lead to the collapse or • advise national and provincial organs of State significant impairment of overall service func- regarding personnel practices in the Public

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Service. and innovative thinking and serve as a catalyst To be effective, the public Service has to develop for reform and modernisation, in pursuit of a a deeper understanding of the constitutional performance-oriented public service. Core imperatives and government mandate of training is not outsourced, but is performed providing a better life for the country’s citizens. internally. This would make it easier for government to The school provides everything from adult develop the necessary skills in its human capital basic education and training to higher education to deal with the challenges faced by South courses, and is registered to carry out the Africans across the board. necessary accreditation. The school runs like a customer-focused Government Employees Medical Aid business, with participants having to pay tuition Scheme (GEMS) fees. It is funded by PSeta and skills development GEMS was registered on 1 January 2005 levies are drawn from departments’ payrolls. specifically to meet the healthcare needs of All new public servants are required to undergo government employees. Its mission is to provide induction training. all public service employees with equitable access to affordable and comprehensive Public Service Month healthcare benefits. South Africa marks Public Service Month in Sep- tember each year. Centre for Public Sector Innovation (CPSI) It is a regular national event that requires The CPSI was established to identify, support all the national and provincial departments and nurture innovation in the public sector to to participate by putting in place activities and improve service delivery. campaigns to improve service delivery. Public The CPSI works through partnerships with Service Month is a follow-up to and mirrors the other departments and state-owned enterprises UN and Africa Public Service Day. It takes place (SOEs) to, for example, enhance the productive on 23 June every year. capacity of visually impaired educators by providing data-card devices for them to access Batho Pele teaching material without the use of Braille. The Batho Pele Campaign is, aimed at improving The CPSI runs targeted innovation pro- service delivery to the public. grammes to support the outcomes of rural deve- Batho Pele is a Sesotho phrase meaning lopment, accelerated service delivery at local “People First”. government level, as well as human settlement. From this concept, eight principles were The CPSI held a conference in August 2014 derived and made known in a White Paper as under the theme “Building an innovative State the principles for transforming public service machinery for maximised service delivery delivery, which are: impact.” The conference was aimed at helping • regular consultation with customers government serve its citizens with diligence and • set service standards interrogate the challenges standing in the way • increased access to services of excellence. The public service employs about • higher levels of courtesy 1,3 million people around the country. • more and better information about services • increased openness and transparency about National School of Government (NSG) services The NSG offers training and development • remedying failures and mistakes opportunities to public servants at national, • giving the best possible value for money. provincial and local level of government. This includes training of new public service Batho Pele Awards employees as part of their probation, The annual National Batho Pele Excellence re-orientation of senior managers and orientation Awards (NBPEA) serve to recognise public of unemployed youth graduates, preparing them servants who are selfless, dedicated, committed for public service employment opportunities. and who go the extra mile in servicing the The school is intended to educate, train, citizens. Eligible to public servants across professionalise and develop a highly capable, the three spheres of government, the awards skilled and committed public service cadre, with seek to entrench the transformation and a sense of national duty and a common culture professionalisation of the public service. and ethos. They reward excellent service delivery and It will nurture a culture of professionalism recognise the contribution by public servants

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across government in their service delivery Expanded Public Works Programme improvement initiatives. The EPWP is a government initiative aimed at The theme for the 2015 awards was “Batho alleviating poverty and unemployment within the Pele, Putting People First” which affirms South African Communities through the provision government’s position of putting citizens in of short term to medium term work opportunities the forefront of service delivery improvement to unskilled and unemployed South Africans. initiatives, in line with the Ministry of Public The EPWP participants’ employment period is Service and Administration (MPSA’s) vision. determined by the project implementation period. The winners were: Besides, the number of work opportunities • Maria Maghrieta Goodier, Auxiliary Nurse, created, the programme has successfully Ruyterwacht Community Health Care Clinic, made a significant socio-economic impact Western Cape Province won the Overall to the communities through the creation and Batho Pele Public Servant of the Year Awards. maintenance of community assets. • Sister Duduzile Ndlovu, Operational Manager, Among its major contribution towards the Thuthuzela Care Centre, Port Shepstone provision of services and assets, the EPWP has Regional Hospital, KwaZulu-Natal took home maintained over 40 000 km of provincial access the Best Frontline Public Service Employee of roads and provided services to 595 schools the Year Awards. through food production gardeners operating • Road Accident Fund-On the Road Project, within the National School Nutrition Programme. Gauteng scooped the Best Implemented The EPWP’s training focus, which is in Programme/Project of the Year Award. partnership with a number of training providers, • The Best Functioning Provincial Department remains as one of the most significant parts of of the Year Award went to the KwaZulu-Natal the programme. Provincial Treasury. • Intensive Care Unit: Mokopane Hospital, Department of Home Affairs Department of Health won the Batho Pele (DHA) Team of the Year Award. The DHA is the custodian of the identity of all • Boy Ngobeni, Gauteng Department of South African citizens, critical to which is the Education, scooped the award for Best issuance of birth, marriage and death certificates; Provincial Head of Department of the Year. identity documents (IDs) and passports; as well The awards will be extended to cover the entire as citizenship; naturalisation and permanent public service. It is hoped that the awards will residency certificates. reinforce the diligence of public servants and the This goes beyond merely issuing documents. compassion they show to people. It encompasses the safe maintenance and archiving of biometric and demographic records Department of Public Works of citizens and residents of the country. (DPW) The department is also responsible for the The DPW is mandated to be the custodian and effective, secure and humane management of portfolio manager of national government’s immigration. immovable assets. Statutory bodies falling under the department Following the operationalisation of the Property are the: Management Trading Entity in 2015/16, the • Immigration Advisory Board department’s role will now be policy formulation, • Standing Committee for Refugee Affairs coordination, regulation and oversight relating to • Refugee Appeal Board. the provision of accommodation and expert built A major focus for the DHA is the transformation environment services to client departments at the of the department, so that it can deliver a service national government level; as well as, through that is efficient, accessible and corruption-free. the Property Management Trading Entity, the Several closely related strategic drivers are used planning, acquiring, managing and disposing of in this regard. immovable assets in the department’s custody. The DPW is further mandated to coordinate Legislation and policies and provide strategic leadership injob creation The mandate of the DHA is derived from the initiatives through the implementation of Constitution and various Acts of Parliament and the EPWP. Public works is constitutionally policy documents. The department’s services are designated as a concurrent function exercised divided into two broad categories: civic services by both the national and provincial spheres of and immigration services. Both must ensure the government. efficient determination and safeguarding of the

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identity and status of citizens, and provide for adopted by South African parents is a citizen the regulation of immigration to ensure security, by descent promote development and fulfil South Africa’s • born of non-South African parents in South international obligations. Africa, may, at the age of 18 years, apply for The department oversees the implementation naturalisation; while they are minors, such of, among others, the following legislation: children will retain the citizenship of their • South African Citizenship Act, 1995 (Act 88 of parents 1995) • with no claim to any citizenship will be given • Births and Deaths Registration Amend- South African citizenship, in accordance with ment Act, 2010 (Act 18 of 2010) international law and practice. • The South African Citizenship Amendment Act, 2010 (Act 17 of 2010) Citizenship • Refugees Act, 1998 (Act 130 of 1998) South African citizenship may be granted by way • Immigration Act, 2002 (Act 13 of 2002), as of: amended by the Immigration Amendment Act, • birth or descent 2004 (Act 19 of 2004) • an application for naturalisation as a South • Immigration Amendment Act, 2011 (Act 13 African citizen of 2011) which provides for, among others, • an application for resumption of South African revising provisions relating to the Immigration citizenship Advisory Board • registration of the birth of children born • Refugees Act, 1998 (Act 130 of 1998) gives outside South Africa to South African fathers effect within South Africa to the relevant or mothers international legal instruments, principles and • an application for exemption, in terms of standards relating to refugees; provides for the Section 26(4) of the Act. reception into South Africa of asylum seekers; regulates applications for and recognition of National Population Register refugee status; and provides for the rights Government aims to ensure that registration and obligations flowing from such status, and at birth is the only entry point to the national related matters population register by increasing the number of • Immigration Act, 2002 (Act 13 of 2002), which births registered within 30 calendar days from provides for a stricter immigration policy to 750 000 in 2016/17 to 950 000 in 2018/19. control illegal immigration. Implementation of administrative fines and other measures came Immigration into effect in 2003; the Act was later amended The DHA’s National Immigration Branch is to clarify and revise immigration and permit responsible for control over the admission of procedures to facilitate importing skills foreigners for residence and departure from • The Refugee Amendment Act, 2011 (Act 12 South Africa. The immigration policy aims to: of 2011), which contains certain amendments • discourage illegal migration into South Africa to eliminate abuse of the asylum system and by encouraging foreign nationals to apply for redefines in a clear and transparent manner relevant permits to legalise their stay in the the criteria for refugees seeking asylum country • South African citizenship is regulated by the • create an enabling environment for foreign South African Citizenship Act, 1995 (Act 88 of direct investment in South Africa 1995), and regulations issued in terms thereof. • attract scarce skills required by the economy, in The South African Citizenship Amendment Act, accordance with the 2014 vision of eradicating 2010 (Act 17 of 2010) amends provisions of the poverty and underdevelopment South African Citizenship Act of 1995 that deal • temporary and permanent residence permits with citizenship by birth and naturalisation, and issue as expeditiously as possible and the loss of citizenship in terms of the mandate according to simplified procedures of the DHA. • ensure that security considerations are fully The South African Citizenship Amendment Act satisfied and the State regains control over the of 2010, among others, ensures that a child: immigration of foreigners to South Africa • born to a South African parent inside or outside • ensure that economic growth is promoted the country is a South African by birth, as long through the employment of needed foreign as the child is registered according to South labour; foreign investment is facilitated; the entry African law of exceptionally skilled or qualified people is • born of non-South African parents, but enabled and academic exchange programmes

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in the Southern African Development Com- African children travelling through South African munity (SADC) are facilitated borders to have their parents’ identification and • ensure that tourism is promoted citizenship details printed in their passports, • ensure that the contribution of foreigners to doing away with the requirement to carry the South African labour market does not unabridged birth certificates on entry or exit. adversely affect existing labour standards and For school tours and other group tours the rights and expectations of South African including under-age children, entry and exit workers regulations now only require confirmation letters • ensure that a policy connection is maintained from the school principals or a similar authority, between foreigners working in South Africa along with the amended passport requirements. and the training of South African citizens This authority will also be extended to include • ensure that a human-rights-based culture of registered sports bodies on tour. enforcement is promoted. In respect of inbound travellers (international The department prioritised the issuance of quota visitors) where visas are required, provision of work permits to foreigners who fall within specific original birth certificates or certified copies of occupational classes or specific professional required documents would be continued during categories. the visa application process, as this is in line with In this context, details of specific occupational practice in many other countries. classes and specific professional categories and Travellers from visa-exempt countries travelling the applicable quotas are published annually in with children were strongly advised to bring with the Government Gazette, after consultation with them proof of the relation and consent from the other stakeholder departments. absent parents or guardians. The Immigration Amendment Act provides for, The DHA outsourced the handling and among other things: processing of visa applications to Visa Facilitation • revising provisions relating to the Immigrating Services (VFS). The VFS has opened 11 offices, Advisory Board which are referred to as Visa Application Centres • revising provisions relating to the making of (VACs), around South Africa beginning on 2 regulations June 2014. These could be found at: • the designation of ports of entry At the VACs, applicants can submit their • revising provisions relating to visas for applications and biometric data for processing. temporary sojourn in South Africa Once the applications have been thoroughly • the mandatory transmission and use of checked, they will then be scanned and forwarded information on advance passenger processing to the Head Office of DHA in Pretoria. The VFS • the transmission of passenger name record operates strictly as a processing operation and information does not offer potential immigrants any advice • revising provisions relating to permanent on immigration rule. Therefore, prospective residence immigrants will still have to seek advice from • revising penal provisions. immigration consultants, and the consultants will be able to accompany applicants. Visas Zimbabwe nationals on Special Dispensation Foreigners who wish to enter South Africa must for Zimbabweans Project, Asylum and Refugee be in possession of valid and acceptable travel cases will still be directly handled by the DHA. documents. They must have valid visas, except The VFS does not have the authority to grant in the case of certain countries whose citizens or refuse visas as that decision still lies with the are exempt from visa control. Such exemptions DHA. are normally limited to permits, which are issued New regulations state that one cannot change for 90 days or less at the ports of entry. from a Visitor’s Visa to another type of visa; The visa system is aimed at facilitating the these applications for change of conditions admission of acceptable foreigners at ports of must be made at a mission abroad, i.e. an entry. The visa becomes a permit upon entry; embassy or consulate, where the applicant is an therefore, no additional permit will be issued. ordinary resident or holds citizenship. However, In October 2015, new visa changes were exceptional circumstances include if an applicant introduced to address concerns raised by tourists, is in need of life saving medical treatment or is South African travellers and stakeholders in the an accompanying spouse or child of a business tourism sector regarding revisions to regulations or work visa holder who wish to apply for a study introduced in 2014. or work visa. The amended allowances now require South Life partners looking to apply for temporary

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residency in South Africa based on a life an application no less than 60 days prior to the partner visa will need to prove that they have current visa’s date of expiration. It is no longer been together for two years; those applying for possible to change from a Visitor’s Visa to permanent residency will need to prove that another visa category within South Africa. they have been together for five years. Spouses It is a requirement for businesses to get a looking to apply for temporary residency in recommendation letter from the Department South Africa based on a spousal visa will not of Trade and Industry (the dti) for a Business need to prove that they have been in a previous Visa. The dti will conduct a thorough forensic relationship for a certain number of years. If a assessment of the feasibility of the business entity partner or spouse was in a previous marriage, as well as the contribution to the national interest it is necessary to provide official documents that of South Africa. A minimum of R5 million must prove the dissolution of such marriage either be invested into South Africa. Any accountant by divorce or the death of the other spouse. registered with the South African Institute of Life partners will need to attend separate but Professional Accountants or the South African simultaneous interviews to determine the Institute of Chartered Accountants can verify the authenticity of the existence of their relationship. availability of funds for a business visa. The DHA has officially eradicated the The business owner’s workforce must be 60% Exceptional Skills and Quota permit categories. South Africans or must be permanent residents Current Exceptional Skills and Quota Permit employed in various positions. Business visas holders will not be able to renew their permits will be granted for no longer than three years going forward. at a time. No business visa will be issued to a Those looking to renew their visa while in the foreigner who intends to establish or invest country must do so 60 days before the current in a business that is listed as an undesirable one expires. business undertaking. Applications for a general work visa will have To obtain an Intra-Company Visa the employee to include a certificate from the Department of in question must be employed with the foreign Labour confirming the following: office/ business for a minimum of six months • despite a thorough search, the prospective before being eligible for transfer to South Africa. employer could not find a South African This visa will now be available for four years but employee with the skills and experience is non-renewable. equivalent to those of the applicant Holders of a Study Visa may not conduct • the applicant has proven skills and experience part-time work exceeding 20 hours of labour in line with the job offer a week. Both Study and Exchange visas will • the salary and benefits of the applicant are only be issued for the duration of the study not inferior to those of citizens or permanent period or exchange programme respectively. An residents Exchange Visa (for persons under 25 years) will • the contract signed by both the employer and not be granted to conduct work pertaining to an applicant stipulates conditions that are in line undesirable work as published by the Minister in the labour laws of South Africa. the gazette, after consultation with the Minister The applicant will need a document to prove of Trade and Industry. that their qualifications have been approved by An Asylum Transit Visa issued at a port of Saqa. This document must be translated into entry will be valid for a period of five days to one of the official languages of South Africa by a enable the holder to report at a nearest Refugee sworn translator. The work visa will be valid for a Reception Office. maximum of five years. Fines will no longer be charged for overstaying. The Critical Skills Work Visa is based on a Persons who overstay for a prescribed number list of occupations that are considered critical of times will be declared as undesirable. (examples include Agricultural engineers, Land South Africa’s new Passport and Travel Surveyor and Forestry technicians) in South Documents Act, 1994 (Act 4 of 1994) officially Africa. To apply for a visa in this category the took effect from June 2015. Under the new applicant does not need a job offer, but within legislation, South Africans and foreign nationals one year of being granted a visa, will need to travelling with children under the age of 18 are prove that he or she is gainfully employed within required to produce unabridged birth certificates. their field. This visa replaced the Exceptional It is part of the government’s commitment to Skills and Quota Visas. safeguard the best interests of children and Visitor’s Visa holders who wish to change prevent child trafficking. the terms or status of their visa must submit Parents who needed to travel with their children

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and could not get unabridged birth certificates in applications by industrialists and other time, would be able to leave the country if they entrepreneurs who wish to relocate their existing had a letter indicating that they had applied for concerns, or to establish new concerns in South the documents. Africa. The requirements were aimed at establishing The department is not directly involved in an the principle that all children must have the active immigration drive. In categories where consent of their parents when travelling into or shortages exist, the normal procedure is for out of South Africa. employers to recruit abroad independently and, in most cases, initially apply for temporary work Control of travellers permits. People arriving in South Africa by air, sea or land The department considers the applications for have to pass through customs control, where immigration permits of prospective immigrants they may be questioned and their baggage who wish to settle in the relevant provinces. scanned or searched for dutiable, restricted or In terms of new regulations, regions will be prohibited goods. Visitors found with undeclared, responsible for issuing permits previously restricted or prohibited goods, could be fined or issued by the regional committees, in respect may face prosecution. of permanent residence. They will also do so South Africa acceded to the Admission in respect of temporary residence. Enquiries in Temporaire/Temporary Admission (ATA) con- this regard may be made to the nearest office vention in 1975, which means foreign visitors of the DHA in South Africa, to missions abroad, companies and individuals can approach or to the DG of the DHA for the attention of the their local chambers of commerce for advice Directorate: Permitting, in Pretoria. regarding the issuing of an ATA Carnet for the The department has prioritised temporary temporary import of certain goods in a simplified residence permits, as this category of foreigners method. An example would be broadcasters or is at risk of being in the country illegally, if their sponsors of international sporting events taking applications are not finalised in time. place in South Africa. The department will prioritise applications for permanent residence permits from holders of Control of sojourn quota work permits and exceptional skills work Foreigners who are in the country illegally and are, permits, in line with the country’s objective of therefore, guilty of an offence may be classified attracting critical skills. into three categories, namely those who: • entered the country clandestinely Temporary residence • failed to renew the temporary residence In March 2014, the details of the new permits issued to them at ports of entry Zimbabwean Special Dispensation Permit (ZSP) • breached the conditions of their temporary were announced. The ZSP marked the beginning residence permits without permission, such of a new phase, as the Dispensation for as holiday visitors who took up employment or Zimbabwe Project (DZP) officially closed on 31 started their own businesses. December 2014. Under the DZP, Zimbabwean Depending on the circumstances, people who nationals, who were in the country illegally, were are in South Africa illegally are prosecuted, granted an opportunity to legalise their stay. The removed, or their sojourn is legalised. Officers special dispensation was introduced in 2009 at the various regional and district offices of the to regulate the stay of Zimbabweans working department are in charge of tracing, prosecuting illegally in South Arica because of the political and removing illegal foreigners from the country. and socio-economic situation in their country. Employers of illegal foreigners may also be Approximately 295 000 Zimbabweans applied prosecuted. for the permit. Just over 245 000 permits were issued, with the balance being denied due Permanent residence to lack of passports or non-fulfilment of other Government allows immigration on a selective requirements. basis. The DHA is responsible for: Since then, the DHA developed a proposal with • processing applications for immigration regard to the new ZSP and it was accepted by permits for consideration Cabinet in August 2014. Zimbabwean nationals, • admitting people suitable for immigration, who are in possession of the DZP permits, were such as skilled workers in occupations in eligible to apply for the ZSP. However, this is which there is a shortage in South Africa. only if they wish to extend their stay in South The department particularly encourages Africa. Certain conditions to be fulfilled included

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a valid Zimbabwean passport; evidence of employment, business, or accredited study and a clear criminal record. The ZSP will allow permit-holders to live, work, conduct business, and study in South Africa for the duration of the permit, which is valid until 31 December 2017. VFS Global, a worldwide outsourcing and technology services specialist for diplomatic missions and governments, managed applications for ZSP permits. The DHA adjudicated applications. VFS opened four new offices in provinces where it was anticipated that there would be large numbers of applicants. These were Gauteng, Western Cape, Limpopo and Mpumalanga. The new offices were in addition to the 11 offices already opened, all of which dealt with ZSP applications. ZSP permit-holders, who wished to stay in South Africa after the expiry of their ZSP, should return to Zimbabwe to apply for mainstream visas and permits under the Immigration Act. In January 2016, the Lesotho Special Permit (LSP) was launched. The purpose of the programme is to to regularise the stay of Lesotho nationals currently residing in South Africa illegally. It is meant to document Lesotho nationals who are working, studying or running businesses in South Africa, without appropriate documentation. The special permits will be valid for four years. They will expire on 31 December 2019. More than 400 000 Lesotho nationals stood to benefit from the LSP. Role players Government Printing Works (GPW) The GPW, a division of the DHA, is a South African security printing specialist that deals with the printing of passports, visas, birth certificates, smart ID-cards and examination materials, as well as government stationery and publications, such as tender bulletins and government gazettes. It does this by continuously updating its security printing technology and today, boasts a new state-of-the-art facility that has been benchmarked internationally and is widely divergent from its humble beginnings. Based in Pretoria, the printing works provides a variety of related services to other government departments, the printing industry and other African countries.

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