The Constitution

The Constitution of the Republic of SouthAfrica, 1996 (Act 108 of 1996), was approvedby the Constitutional Court (CC) on 4 Decem-ber 1996 and took effect on 4 February 1997.

The Constitution is the supreme law of theland.

No other law or government action cansupersede the provisions of the Constitution.

South Africa’s Constitution is one of themost progressive in the world, and enjoyshigh acclaim internationally.

The PreambleThe Preamble to the Constitution states thatthe aims of the Constitution are to• heal the divisions of the past and establish a

society based on democratic values, socialjustice and fundamental human rights

• improve the quality of life of all citizens andfree the potential of each person

• lay the foundations for a democratic andopen society in which government is basedon the will of the people and every citizenis equally protected by law

• build a united and democratic South Africaable to take its rightful place as a sovereignState in the family of nations.

Fundamental rightsFundamental rights are contained in ChapterTwo and seek to protect the rights and free-doms of individuals. The CC guards theserights and determines whether or not actionsby the State are in accordance with constitu-tional provisions.

Government

Government is constituted as national,provincial and local spheres, which are dis-tinctive, interdependent and interrelated. Thepowers of the law-makers (legislative author-ities), governments (executive authorities) andcourts (judicial authorities) are separate fromone another.

Parliament

Parliament is the legislative authority of SouthAfrica and has the power to make laws forthe country in accordance with the Constitu-tion. It consists of the National Assembly andthe National Council of Provinces (NCOP).Parliamentary sittings are open to the public.

Since the establishment of the new Parlia-ment in 1994, a number of steps have beentaken to make it more accessible. This hasbeen done to make the institution more

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Chapter 12

The Union Buildings in Pretoria have been the venue forthe inauguration of South Africa’s first democraticallyelected presidents: Nelson Mandela on 27 April 1994and Thabo Mbeki on 16 June 1999. The Union Buildings,which have become a symbol of unity in South Africa,were designed by Sir Herbert Baker and completed in1913.

accountable, as well as to motivate and facil-itate public participation in the legislativeprocesses. One of these steps is the website(http://www.parliament.gov.za/), which en-courages comments and feedback from thepublic.

National AssemblyThe National Assembly consists of no fewerthan 350 and no more than 400 memberselected through a system of proportional rep-resentation. The National Assembly, which iselected for a term of five years, is presided overby a Speaker, assisted by a Deputy Speaker.

The National Assembly is elected to represent the people and to ensure demo-cratic governance as required by the Consti-tution. It does this by electing the President,by providing a national forum for public con-sideration of issues, by passing legislation,and by scrutinising and overseeing executiveaction.

In the 1999 national election, the AfricanNational Congress (ANC) gained 266 seats inthe National Assembly, the Democratic Party38, the Inkatha Freedom Party (IFP) 34, theNew National Party 28, the United Demo-cratic Movement (UDM) 14, the AfricanChristian Democratic Party six, the PanAfricanist Congress three, the United Christ-ian Democratic Party three, the Vryheids-front/Freedom Front three, the FreedomAlliance two, the Afrikaner Eenheidsbeweg-ing one, the Azanian People’s Organisationone, and the Minority Front one.

The National Council of Provinces(NCOP)The NCOP consists of 54 permanent mem-bers and 36 special delegates, and aims torepresent provincial interests in the nationalsphere of government. Delegations fromeach province consist of 10 representatives.

The NCOP gets a mandate from theprovinces before it can make certain deci-sions. It cannot, however, initiate a Bill con-cerning money, which is the prerogative ofthe Minister of Finance.

The NCOP also has a website, NCOP

Online! (http://www.parliament.gov.za/ncop),which links Parliament to the provincial legislatures and local government associ-ations.

NCOP Online! provides information on,among other things, draft legislation, andallows the public to make electronic submis-sions.

Law-making

Any Bill may be introduced in the NationalAssembly. A Bill passed by the NationalAssembly must be referred to the NCOP forconsideration. A Bill affecting the provincesmay be introduced in the NCOP. After it hasbeen passed by the Council it must bereferred to the Assembly.

A Bill concerning money must be intro-duced in the Assembly and must be referredto the Council for consideration and approvalafter being passed. If the Council rejects a Billor passes it subject to amendments, theAssembly must reconsider the Bill and pass itagain with or without amendments. Thereare special conditions for the approval of lawsdealing with provinces.

By June 2001, 101 Bills had been passedsince 1994.

The President

The President is the Head of State and leadsthe Cabinet. He or she is elected by theNational Assembly from among its members,and leads the country in the interest ofnational unity, in accordance with theConstitution and the law.

The President of South Africa is Mr ThaboMbeki.

The Deputy President

The President appoints the Deputy Presidentfrom among the members of the NationalAssembly. The Deputy President must assistthe President in executing government func-tions. South Africa’s Deputy President is Mr Jacob Zuma.

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The Cabinet

The Cabinet consists of the President, as headof the Cabinet, the Deputy President andMinisters. The President appoints the DeputyPresident and Ministers, assigns their powersand functions, and may dismiss them.

The President may select any number ofMinisters from among the members of theNational Assembly, and may select no morethan two Ministers from outside the Assembly.

The President appoints a member of theCabinet to be the leader of government busi-ness in the National Assembly.

Deputy Ministers

The President may appoint Deputy Ministersfrom among the members of the NationalAssembly.

Traditional leadership

According to Chapter 12 of the Constitution,the institution, status and role of traditional

leadership, according to customary law, arerecognised, subject to the Constitution.

The Directorate: Traditional Leadership andInstitutions in the Department of Provincialand Local Government gives support to tradi-tional leaders and institutions, and is respons-ible for the development of policy in thisregard. It also renders an anthropologicalservice, and gives advice and support to tradi-tional leadership and institutions with regardto governance and development matters. Itadvises and supports the National House ofTraditional Leaders, and maintains a databaseon traditional leadership and institutions.

The Directorate is involved in the issue ofthe constitutional position of Khoisan com-munities. Following initiatives by the Griquapeople, the National Griqua Forum wasestablished. Another milestone was theestablishment of the National KhoisanCouncil in May 1999. The main aim of theCouncil is to assist government with theinvestigation of constitutional issues relatingto Khoisan communities. Together with andwith the approval of the National KhoisanCouncil, and in collaboration with commun-ities concerned, a phased research processwas adopted to investigate how best to con-stitutionally promote and protect the rights ofKhoisan communities. The research ultimate-ly culminated in a consolidated report fromwhich policy on the Khoisan will be finalised.

In September 1999 the Department com-pleted a status quo report on traditional lead-ership and institutions. This was followed bythe Discussion Document on TraditionalLeadership and Institutions, launched in April2000. Key issues requiring policy wereaddressed in the Document. The launch wasfollowed by an elaborate consultativeprocess, which culminated in a conferenceheld in August 2000. From this process anumber of submissions and comments weremade by interested stakeholders, whichpaved the way for the drafting of the GreenPaper on Traditional Leadership and Institu-tions.

Prior to the local government elections inDecember 2000, traditional leaders raised

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Thabo Mbeki was born on 18 June 1942 in Idutywa,Queenstown. He joined the ANC Youth League at the age of14 and in 1961 was elected Secretary of the AfricanStudents’ Association. He was involved in undergroundactivities after the banning of the ANC in 1960 until he leftSouth Africa in 1962. He continued his studies in the UnitedKingdom (UK) and obtained his MA (Economics) at theUniversity of Sussex. While in the UK, he mobilised theinternational student community against apartheid andworked at the London office of the ANC for several years. Healso underwent military training in the then Soviet Union.From 1973 he worked in Botswana, Swaziland, Nigeria andLusaka and became a member of the ANC’s NationalExecutive Commitee in 1975. Between 1984 and 1989 hewas Director of the ANC’s Department of Information. He ledthe organisation’s delegations which met groups frominside South Africa in Dakar, Senegal and elsewhere. In1989 he headed the delegation that held talks with theapartheid Government, which led to agreements on theunbanning of political organisations and the release ofpolitical prisoners. He also participated in negotiationspreceding the adoption of South Africa’s interimConstitution in 1993. Following the first democratic electionin 1994, Thabo Mbeki was appointed Executive DeputyPresident. In 1997, he was elected President of the ANC andin June 1999, after the country’s second democraticelection, he succeeded Nelson Mandela as President ofSouth Africa.

President Thabo Mbeki – A profile

concerns about the impact of the new localgovernment dispensation on the role, powerand functions of traditional leaders.Government considered legislation aimed ataddressing, on an interim basis, these con-cerns. In the longer term, the role, power andfunctions of traditional leaders will beaddressed in the White Paper process, whichis being undertaken by the Department.

Early in 2001, the Department of Justiceand Constitutional Development granted allappointed traditional leaders powers to

become commissioners of oath. This bringsjustice services closer to communities. Thegranting of these powers to traditional lead-ers was a result of constant requests by thepublic, especially in rural areas. The mostcommon problem expressed was the longdistances and high traveling expensesincurred to access such services.

Section 81 of the Local Government:Municipal Structures Act, 1998 (Act 117 of1998), was amended during 2000, whichprovides enhanced representation of tradi-tional leaders in the municipal councils from10% to 20%.

Houses of Traditional LeadersThe Constitution mandates the establishmentof Houses of Traditional Leaders by means ofeither provincial or national legislation.Provincial houses of traditional leaders havebeen established in all six provinces where tra-ditional leaders are found, namely the EasternCape, KwaZulu-Natal, the Free State,Mpumalanga, the Northern Province and theNorth-West.

National House of TraditionalLeadersThe National House of Traditional Leaderswas established in April 1997. Each provincialHouse of Traditional Leaders nominated threemembers to be represented in the NationalHouse, which then elected its own office-bearers.

The National House advises national gov-ernment on the role of traditional leaders andon customary law. It may also conduct itsown investigations and advise the country’sPresident on request.

Remuneration of traditional leadersFor the financial year 2000/01, the Presidentdetermined a 5% increment in the remuner-ation of traditional leaders and members ofthe National and Provincial Houses ofTraditional Leaders. This was done after consultation with Premiers of the provincesconcerned.

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Cabinet, as on 31 October 2001

Mr Thabo Mbeki PresidentMr Jacob Zuma Deputy PresidentDr Mangosuthu Buthelezi Home AffairsProf Kader Asmal EducationDr Nkosazana Dlamini-Zuma Foreign AffairsMr Mosiuoa Lekota DefenceMr Trevor Manuel FinanceMr Sydney Mufamadi Provincial and Local

GovernmentDr Ben Ngubane Arts, Culture, Science and

TechnologyMr Dullah Omar TransportMr Jeff Radebe Public EnterprisesMs Stella Sigcau Public WorksDr Zola Skweyiya Social DevelopmentMr Steve Tshwete Safety and SecurityMs Sankie Mthembi-Mahanyele HousingMr Alec Erwin Trade and IndustryDr Penuell Maduna Justice and Constitutional

DevelopmentMr Valli Moosa Environmental Affairs and

TourismMs Geraldine Fraser- Public Service and Moleketi AdministrationDr Ivy Matsepe-Casaburri CommunicationsMr Membathisi Mdladlana LabourMr Ben Skosana Correctional ServicesMs Thoko Didiza Agriculture and Land Affairs Mr Ronnie Kasrils Water Affairs and ForestryDr Lindiwe Sisulu IntelligenceMs Phumzile Mlambo-Ngcuka Minerals and EnergyDr Manto Tshabalala-Msimang HealthDr Essop Pahad Minister in The PresidencyMr Ngconde Balfour Sport and Recreation

The President has determined that theChairperson and Deputy Chairperson of theNational House be full-time members of theNational House. The principle of no doublepay applies to incumbents. The ruling cameinto effect on 1 April 2001.

Volkstaat Council

The Volkstaat Council was dissolved and theVolkstaat Council Act, 1994 (Act 30 of 1994),repealed through Presidential Proclamationon 30 April 2001.

Provincial government

In accordance with the Constitution, each ofthe nine provinces has its own legislature con-sisting of between 30 and 80 members. Thenumber of members is determined in termsof a formula set out in national legislation.The members are elected in terms of propor-tional representation.

The Executive Council of a province con-sists of a Premier and a number of members.The Premier is elected by the ProvincialLegislature.

Decisions are taken by consensus, as happensin the national Cabinet. Besides being able tomake provincial laws, a provincial legislaturemay adopt a constitution for its province if two-thirds of its members agree. However, a pro-vincial constitution must correspond with thenational Constitution as confirmed by the CC.

According to the Constitution, provincesmay have legislative and executive powersconcurrently with the national sphere over,among other things:• agriculture• casinos, racing, gambling and wagering• cultural affairs• education at all levels, excluding university

and technikon education• environment• health services• housing• language policy• nature conservation• police services• provincial public media• public transport• regional planning and development• road-traffic regulation• tourism• trade and industrial promotion• traditional authorities• urban and rural development• vehicle licensing• welfare services.These powers can be exercised to the extentthat provinces have the administrative capa-city to assume effective responsibilities.

Provinces also have exclusive competencyover a number of areas which include:• abattoirs• ambulance services• liquor licences• museums other than national museums• provincial planning• provincial cultural matters• provincial recreation and activities• provincial roads and traffic. The President’s Coordinating Council (PCC) isa permanent forum where the President discusses issues of national, provincial andlocal importance with Premiers.

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Deputy Ministers, as on 31 October 2001

Mr Joe Matthews Safety and SecurityMr Aziz Pahad Foreign AffairsMs Bridgitte Mabandla Arts, Culture, Science and

TechnologyMs Susan Shabangu Minerals and EnergyMr Mosibudi Mangena EducationMr Charles Nqakula Home AffairsRev Musa Zondi Public WorksMr Mandisi Mpahlwa FinanceProf Dirk du Toit Agriculture Ms Joyce Mabudafhasi Environmental Affairs and

TourismMs Lindiwe Hendricks Trade and IndustryMs Nozizwe Madlala- DefenceRoutledgeMs Cheryl Gillwald Justice and Constitutional

DevelopmentMs Ntombazana Botha Provincial and Local

Government

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Provincial governments, as on 1 September 2001

KwaZulu-NatalLionel Mtshali PremierNarend Singh Agriculture and Environmental

AffairsFaith Xolile Gasa Education and CultureMichael Mabuyakhulu Economic Development and

TourismPeter Miller Finance Dr Zwelini Mkhize HealthDumisane Makhaye Housing Inkosi Nyanga Ngubane Traditional Affairs, Local

Government and Safety and Security

Prince Gideon Zulu Social Welfare and Population Development

Rev Celani Mtetwa WorksSibusiso Ndebele Transport

Northern ProvinceNgoako Ramatlhodi PremierDr Aaron Motsoaledi Agriculture and EnvironmentJoyce Mashamba EducationThaba Mufamadi Finance, Economic Affairs and

TourismSello Moloto Health and Welfare Joe Maswanganyi Local Government and HousingCatherine Mabuza Office of the PremierCollins Chabane Public WorksDikeledi Magadzi Safety, Security and Liaison Rosina Semenya Sports, Arts and CultureDean Tshenuwani TransportFarisani

Western CapeGerald Morkel PremierGerrit van Rensburg Agriculture, Property

Management and WorksHennie Bester Community SafetyAudrey van Zyl Constitutional Affairs and

TechnologyHelen Zille EducationGlen Adams Environmental and Cultural

AffairsLeon Markovitz Finance, Business Promotion and

Tourism, Office of the PremierNick Koornhof HealthCecil Herandien Housing and Corporate

Services, Leader of the HousePierre Uys Local Government and

Development PlanningDavid Malatsi Social Services and Poverty

ReliefPiet Meyer Transport, Sport and Recreation

Free StateIsabella Winkie Direko PremierMann Oelrich Agriculture Papi Kganare Education Sakhiwe Belot Tourism, Environmental and

Economic Affairs Zingile Dingani Finance and ExpenditureOuma Motsumi-Tsopo Health ServicesLechesa Tsenoli Local Government and HousingSekhopi Malebo Public Works and TransportBenny Kotsoane Safety and SecurityBeatrice Marshoff Social Development Webster Mfebe Sport, Arts, Culture, Science and

Technology

MpumalangaNdaweni Mahlangu PremierCandith Mashego- Agriculture, Conservation and Dlamini EnvironmentJacob Mabena Economic Affairs, Gaming and

Tourism (Acting MEC for Finance)Craig Padayachee EducationSibongile Manana HealthMS Ginindza Housing and Land

AdministrationM Bhabha Local Government and TrafficSteve Mabona Public Works, Roads and

TransportT Makwetla Safety and SecurityBusi Coleman Social Services and Population

DevelopmentSiphosezwe Amos Sport, Recreation, Arts andMasango Culture

GautengMbhazima Shilowa PremierMary Metcalfe Agriculture, Conservation,

Environment and Land AffairsTrevor Fowler Development, Planning and

Local Goverment Ignatius Jacobs EducationJabu Moleketi Finance and Economic AffairsGwen Ramokgopa HealthPaul Mashatile Housing Nomvula Mokonyane Provincial Safety and Liaison Mondli Gungubele Sport, Recreation, Arts and

CultureAngelina Motshekga Social Services and Population

DevelopmentKhabisi Mosunkutu Transport and Public Works

The forum meets every two months andaddresses issues such as:• enhancing the role of provincial executives

with regard to national policy decisions• strengthening the capacity of the provincial

governments to implement governmentpolicies and programmes

• integrating provincial growth and develop-ment strategies within national develop-ment plans

• improving co-operation between nationaland provincial spheres of government tostrengthen local government

• improving co-operation on fiscal issues• ensuring that there are coordinated pro-

grammes of implementation and the necessary structures to address issues suchas rural development, urban renewal andsafety and security.

Local government

The recognition of local government in theConstitution as a sphere of government hasenhanced the status of local government as awhole and of municipalities in particular, andhas given them a new dynamic role as instruments of delivery. The relationshipbetween the three spheres of government isoutlined in Chapter Three of the Constitution,which, among other things, requiresParliament to establish structures and institu-tions to promote and facilitate intergovern-mental relations. According to the Constitu-tion and the Organised Local GovernmentAct, 1997 (Act 52 of 1997) (which formallyrecognises the South African Local Govern-ment Association [SALGA] and the nineprovincial local government associations),organised local government may designate upto 10 part-time representatives to representthe different categories of municipalities andparticipate in proceedings of the NCOP.

SALGASALGA has a mandate to represent the inter-ests of organised local government in thecountry’s intergovernmental relations systemwith a united voice.

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Eastern CapeRev Makhenkesi Stofile PremierMax Mamase Agriculture and Land AffairsStone Sizane EducationEnoch Godongwana Provincial Treasury, Economic

Affairs, Environment and TourismDr Bevan Goqwana HealthGugile Nkwinti Housing, Local Government

and Traditional AffairsDennis Neer Provincial Safety, Liaison and

TransportPhumulo Masualle Roads and Public WorksNosimo Balindlela Sport, Recreation, Arts and

CultureNcumisa Kondlo Welfare

Northern CapeManne Dipico PremierDawid Rooi Agriculture, Land Reform,

Environment and Conservation Thabo Makweya Economic Affairs and TourismTina Joemat-Petterson EducationGoolam Hoosain Akharwaray FinanceDipuo Peters HealthPakes Dikgetsi Housing and Local Government Connie Seoposengwe Safety and LiaisonFred Wyngaardt Social Welfare and Population

DevelopmentSebastian Bonokwane Sports, Arts and CultureJohn Block Transport, Roads and Public

Works

North-WestDr Simon Popo Molefe PremierEdna Molewa AgricultureDarkey Africa Developmental Local

Government and HousingMaureen Modiselle Economic Development and

Tourism Pitso Tolo Education Martin Kuscus Finance Dr Molefi Sefularo Health Dimotana Thibedi Traditional and Corporate AffairsNomonde Rasmeni Safety and LiaisonMandlenkosi Mayisela Social Services, Arts and Culture

and SportsPhenye Vilakazi Transport, Roads and Public

Works

SALGA’s business plan sets out a series ofobjectives, namely:• promoting sound labour relations practices

that can achieve high levels of perform-ance and responsiveness to the needs ofcitizens.

• representing, promoting, protecting andgiving voice to the interests of local gov-ernment at national and provincial levels, inintergovernmental processes and in otherpolicy-making fora.

• building the capacity of local governmentto contribute towards a developmentaldemocratic governance system that canmeet basic human needs.

• SALGA is funded through a combination ofsources. These include a percentage shareof the national revenue allocated to localgovernment, membership fees fromprovincial and local government associa-tions that are voluntary members, anddonations from the donor community thatfunds specific projects.

MunicipalitiesThe Constitution provides for three cat-egories of municipalities.

As directed by the Constitution, the LocalGovernment: Municipal Structures Act, 1998,contains criteria for determining when anarea must have a Category A municipality(Metropolitan municipalities) and when itsmunicipalities fall into Categories B (Districtmunicipalities) or C (Local areas or municipal-ities). It also determines that Category Amunicipalities can only be established in met-ropolitan areas.

The Municipal Demarcation Board deter-mined that Johannesburg, Durban, CapeTown, Pretoria, East Rand and Port Elizabethare metropolitan areas.

Metropolitan councils have a single metro-politan budget, common property rating andservice tariffs systems, and a single employerbody. South Africa has six metropolitanmunicipalities, namely Tshwane, Johannes-burg, Ekurhuleni, Durban, Cape Town andNelson Mandela, 231 local municipalities and47 district municipalities.

Metropolitan councils may decentralisepowers and functions. However, all originalmunicipal, legislative and executive powersare vested in the metro council.

In metropolitan areas there is a choice oftwo types of executive systems: the mayoralexecutive system where legislative and exec-utive authority is vested in the mayor, and thecollective executive committee where thesepowers are vested in the executive committee.

Non-metropolitan areas consist of districtcouncils and local councils. District councilsare primarily responsible for capacity-buildingand district-wide planning.

These new municipalities had to havestrategic plans for effective service delivery inplace by March 2001. The Government setup district municipal workshops after themunicipal elections to ensure that plans werein place for effective service delivery. Theseworkshops focused on integrated plans toensure that all officials are equipped with aworking knowledge of the macro-economicchallenges facing South Africa.

According to the Medium-term BudgetPolicy Statement, tabled in Parliament on 30 October 2000, provincial and local gov-ernment spheres will receive additional fundsover the next three years. This reflects theGovernment’s commitment to addressing thechallenges of redistribution and service deliv-ery. The Government planned to increase itsspending on public services by R7,8 billion in2001/02 and R13,2 billion in 2002/03.

TrainingThe Department of Provincial and LocalGovernment launched councillor trainingworkshops in January 2001. The course wasintended for councillors to empower them oncrucial municipal issues in a bid to improvemunicipal services in the country. The R3,5-million course was funded by the NorwegianGovernment.

LegislationIn November 2000, the Local Government:Municipal Systems Act, 2000 (Act 32 of2000), was published to establish a frame-

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work for planning, performance-manage-ment systems, effective use of resources, andorganisational change in a business context.Each elected council must, within a prescribedperiod, adopt an inclusive plan that links andcoordinates the various schemes and propos-als for an area’s development. This plan willform a policy framework and a basis on whichannual budgets must be drawn up. This integ-rated development must reflect the council’svision for the long-term development of amunicipality with emphasis on developmentaland internal transformation needs.

The Act also establishes a system for localcouncils to report on their performance, andgives an opportunity for residents to comparethis performance with others.

Public-private partnerships are also regulat-ed by the Act. It allows municipalities signi-ficant powers to corporatise their services,establish utilities for service delivery, or enterinto partnerships with other service-providers.The Act provides for the adoption of a credit-control policy by municipalities that will pro-vide for the termination of services in theevent of non-payment. Municipalities willhave the power to pass bylaws to implementthe policy.

ProgrammesNational and provincial government depart-ments are continuing to formulate pro-grammes which constitute a support instru-ment for local government.

Consolidated Municipal InfrastructureProgramme (CMIP)The purpose of the CMIP is to enhance thedevelopment impact of the delivery process

by focusing, for example, on the transfer ofskills, the promotion of small, medium andmicro-sized enterprises (SMMEs), usinglabour-intensive construction methods, andmaximising job-creation opportunities. Sinceits inception, R3,3 billion of CMIP funds havebeen allocated to various project categories(such as water, sanitation, roads, solid waste,community lighting, storm water, communityfacilities and training).

As part of government’s policy to makeavailable free basic services to poor house-holds, CMIP will provide infrastructureresources.

Social Plan FundThe Fund was established in 1998 at theNational Job Summit.

The Department was allocated an amountof R3 million for 1999/00 to 2001/02. In thelast two years, 102 municipalities received agrant of R50 000 to undertake local eco-nomic regeneration studies.

Almost 50 regeneration studies have beencompleted.

These reports are being analysed and,depending on their quality and usefulness,recommendations will be made to Cabinetregarding the future of the Fund.

Municipal Infrastructure Investment UnitThe Unit was set up in 1998 to encourage private-sector investment in municipal servicesand to establish a market for such invest-ments. The Government provides an annualgrant to the Unit. Through this grant, the Unithas undertaken 15 pilot projects and hasassisted many municipalities in preparing andfinalising appropriate municipal service part-nership agreements. Over the next threeyears, government will expand the supportprovided to the Unit. The Unit received a three-year allocation for the first time in 2001/02.

Local Government Transition Fund One of the most important tasks in the trans-formation of local government was the draw-ing of new municipal boundaries. The previous843 municipalities were disestablished and

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mThe Development Bank of Southern Africa and theNational Business Initiative launched a manual formunicipal officials entitled Integrated DevelopmentPlanning – A Strategic Management Approach forCouncillors and Senior Officials late in 2000.

The manual provides a new planning approach, whichis in line with the White Paper on Local Government. Itputs forward a vision of developmental local governmentthat should reverse apartheid patterns.

Information

284 new municipalities created. Municipalitiesare required to amalgamate and restructureadministration and service delivery arrange-ments, among other things. At the same time,local government must ensure continuedaccess to municipal services by all citizens.

Enormous pressures will initially be placedon municipalities during this process. It istherefore critical to provide financial assist-ance to municipalities for approximately twoyears. This will be a once-off grant and will beincorporated into the equitable share from2003/04. The primary objective of the grant isto facilitate a smooth transition to the newmunicipal structures. It will fund the prepara-tion of the strategic transformation plans andassist municipalities in designing and imple-menting appropriate institutional and servicedelivery arrangements.

Municipal systems improvement programme The White Paper on Local Government pro-vided a framework for developmental localgovernment. Achieving these developmentaloutcomes will require changes in the opera-tions and administrative organisation ofmunicipalities. The Municipal Systems Act,2000 establishes a legal framework for thenew municipal systems, including the dev-elopment of Integrated Development Plans,performance management systems and relat-ed municipal management reforms. The grantprovides direct assistance to municipalities,particularly through the funding of Planningand Implementation Management Supportcentres in district municipalities to assist withthe preparation of Integrated DevelopmentPlans in line with municipal budgets.

The grant will also assist municipalities inpiloting performance management and mon-itoring systems, and will complement otherinitiatives by the National Treasury aimed atbuilding municipal financial managementcapacity and implementing budget reforms.

Local Economic Development (LED) andpoverty alleviationThe Minister of Provincial and Local Govern-ment, Mr Sydney Mufamadi, said in his media

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Government has increasingly placed emphasis on integ-rated planning and implementation of policy as arequirement for sustained progress in combating poverty.To this end, two integrated and multidisciplinary pro-grammes have been developed, cutting across manygovernment departments and coordinating resources in afocused way.

In February 2001, President Mbeki, in his address toParliament, announced details of the Integrated Sus-tainable Rural Development Strategy (ISRDS) and theUrban Renewal Strategy (URS). The latter programme willin particular include a multidisciplinary approach todealing with crime.

The President identified 13 rural and eight urban nodeswhich would be the initial focus of a number of measuresto ensure that urban renewal and rural development areaddressed in an integrated and sustainable manner. Afurther 17 nodes were due to be announced by the end of2001. Without neglecting other areas, this Strategy willensure that in these areas of greatest need government’sefforts will make an impact arising from the focusedcoordination of programmes concerned with povertyeradication, sanitation, housing, water, electrification,household food-security, pension payouts, job creation,infrastructure development and HIV/AIDS.

These two pivotal programmes present the threespheres of government (national, provincial and local),with challenges to work together in unprecedented ways.The Department of Provincial and Local Government ischarged with the responsibility of ensuring that work inthe implementation of these two programmes is under-pinned by both horizontal and vertical integration.

The 13 nodes of the Rural Development Strategy are: • O.R. Tambo, North East, Ukwahlamba and E Kei District

Councils in the Eastern Cape • Umzinyathi Umkhayakude, Ugu and the Zululand

Municipality in KwaZulu-Natal • The Kalahari-Kgalagadi Cross-boundary District

Council in the Northern Cape and the North-West • Central Karoo District Council in the Western Cape • Sekhukhune Cross-boundary District Council in

Mpumalanga and the Northern Province • Eastern District Municipality in the Northern Province • Thabo Mofutsanyane in Qwa Qwa in the Free State.The URS will be focused initially on the following localities: • Khayelitsha and Mitchells Plain in the Western Cape • KwaMashu and Inanda in KwaZulu-Natal • Mdantsane and Motherwell in the Eastern Cape • Alexandra Township in Gauteng • Galeshewe in the Northern Cape.Depending on needs and priorities in the different nodalareas, government’s programmes will be packaged as‘baskets of services’ which will include: Adult BasicEducation and Training; Primary Health Care FeedingScheme; Housing; Kick-start Youth Programme; housingsupport centres; telecentres; women in construction; LocalEconomic Development projects; Co-operatives;Community-based Public Works Programme; Working forWater; Khula start; community water and sanitation;technology centres; eco-tourism; Land Care andutilisation; cultural industries; and energy centres.

The ISRDS was launched in July 2001 at the BothithongVillage, Kgalagadi Cross-boundary Municipality in theNorth-West/Northern Cape Province and the URS inAlexandra township in May 2001.

Information

briefing in September 2001 that the LEDFund had supported a total of 184 projectssince 1999. Of these 19,5% were in progress,13,5% were completed (mainly from the1999/00 allocation), 20,6% were in advan-ced stages of implementation, and 46% hadnot started (primarily the 2001/02 allocation).Projects for the 2001/02 financial year haveall received financial transfers but are in theplanning and tendering stages.

The results of the 1999/00 LED Fund ofR42 million, of which R39 million was trans-fers, are indicative of the performance of theother two years. Of the total number of 5 888people employed, 30% were women. Sixty-one per cent of people employed throughLED projects were employed during the con-struction stages of the project. The remaining2 567 people have received long-termemployment. A total of 2 089 peoplereceived on-the-job training. Almost two-thirds of this training is accredited. Of these,53% were women.

Almost R24 million of the R39 million(61%) transferred for projects was spent oninfrastructure in the form of equipment, toolsand buildings. Some R3,18 million (8%) wasregarded as direct support to SMMEs in terms

of subsidised equipment and rentals.The first of the annual national LED Trade

Fairs was convened in Johannesburg inNovember 2000 to showcase LED projectsand expose smaller municipalities to nationalmarkets. The Department also issued the firstLED Best-practice newsletter in 2000. Duringthe next three years, the programme will con-centrate on improving its linkages with theother household, social and economic infra-structure programmes of the Government,alongside its current activities.

Interim Integrated Development Plans The subprogramme has undertaken a majorstudy of the experiences of 20 municipalitiesin the integrated development planningprocess since 1998. It provided a manual onthe Integrated Development Plan, trainingprogrammes and other support initiatives tomunicipalities. Handbooks on LED and guide-lines on municipal service partnerships werealso issued, alongside extensive training pro-grammes country-wide. The strategic object-ive for the next three years is to ensure thatmunicipalities receive adequate support tocomply with the new regulatory frameworkfor integrated development planning andmunicipal service delivery. Policy initiatives tostrengthen the frameworks for integrateddevelopment planning, LED and municipalservice partnerships are being developed.These initiatives will be complemented bysupport, training and capacity-building pro-grammes.

Efforts are under way to pilot selectedmunicipal community partnerships aroundthe country.

Government and communication

The vision of the Government Communica-tion and Information System (GCIS) is tomake an indispensable and widely valuedcontribution to a society, working with theGovernment for a better life for all, by meet-ing the Government’s communication needsand the public’s information needs.

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The Municipal Finance Management Bill will givemunicipalities greater access to capital markets. TheBill will modernise municipal financial managementand will allow municipalities to be accountable forpublic finances. The Bill extends the philosophy of thePublic Finance Management Act, 1999 (Act 1 of 1999),and emphasises transparency and control in all spheresof government.

The Bill will compel municipalities to set up revenuefunds and prepare timely financial statements andannual audits.

Information

Parliament hosted a workshop, Perspectives on Africa,in July 2000. This workshop was part of the MillenniumProject and consisted of an exhibition, an educationalprogramme and lectures. The project illustrated howdifferent past experiences in South Africa had shapedthe understanding of present realities.

A collection of maps of South Africa and southernAfrica dating from the 16th and 17th centuries wasexhibited.

Information

It consists of the Communication ServicesAgency, which is responsible for, among otherthings, the production and distribution of gov-ernment media, event management and thebulk-buying of advertising space; the MediaLiaison Section, which is responsible forstrengthening working relations between themedia and government, as well as the inter-national promotion of South Africa; the Policyand Research Section, which is responsible forresearch into the communication environmentin which government is working, dealing withpolicy relating to media, communication andinformation, and for providing access to gov-ernment information through the websiteGovernment online, and the Provincial andLocal Liaison Section, which is responsible forproviding information at community level inclose co-operation with communicators of thenine provincial governments. The ChiefDirectorate: Corporate Service provides in-formation technology services, provisioningadministration, financial management,administrative services and human resourceadministration and development.

For each of the transversal campaigns ofgovernment, the GCIS is central in developingcommunication strategies and programmes.It also assists departments around specificcampaigns and events, as well as in setting updepartmental communication structures.

The GCIS is facilitating the establishment ofMulti-purpose Community Centres (MPCCs)as a programme for integrated one-stop gov-ernment information and service points. Thisinitiative is a partnership between all spheresof government, business and civil society.

The first MPCC was launched on 10 December 1999 at Tombo, in the KeiDistrict Council area in the Eastern Cape. Atthe end of March 2001, 10 centres have beenopened. By the end of March 2003, 60MPCCs will be operating, at least one in eachdistrict or metropolitan council. (See map andaddendum.)

The GCIS is also involved in the MediaDevelopment and Diversity Agency and theInternational Marketing Council (IMC), andplayed a major part in the development of the

new Coat of Arms, which was launched on27 April 2000. (See chapters: Arts andCulture and Communications.)

International MarketingCouncil (IMC)

The IMC, which was launched in October2000, is a partnership between government,and corporate and non-government sectors.

The Directors-general of eight governmentdepartments, the chief executive officers ofthe GCIS, Trade and Investment South Africaand South African Tourism as well as 21 indi-viduals from outside government make upthe Council that is chaired by Minister ofForeign Affairs, Dr Nkosazana Dlamini-Zuma.

The IMC is responsible for• advancing the objectives of South Africa’s

international marketing campaign abroad• giving strategic guidance to an interdepart-

mental project team which has been set upto manage the campaign

• acting as ‘ambassadors’ for South Africa,where possible in their individual capacities

• advising the Cabinet Committee onInternational Relations on matters pertain-ing to the marketing of South Africa.

The non-government members represent awide spectrum of South African expertisefrom business, the arts, marketing and otherkey sectors.

They are committed to selling abroad thebest of what South Africa has to offer. Thepromotion of the country also has a domesticdimension with which the IMC membersassist.

Following its bosberaad in January 2001,the IMC is planning a major internationalmarketing initiative which will have two ele-ments:• The first will be aimed at the domestic

audience. The purpose will be to build sup-port for the international marketing cam-paign and will draw upon what recentresearch has shown to be a strong sense ofnational pride within all sectors of the com-munity. The IMC is coordinating with otherrelated initiatives like South African Tour-

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ism’s Circle of Sunshine campaign and theNational Economic, Development andLabour Council’s (NEDLAC) Proudly SouthAfrican initiative. M-Net’s successfully con-cluded local campaign Share your country’smagic is part of this initiative.

• The second element will be an internation-ally focused campaign buttressing existinginitiatives and launching new initiatives.The initial target countries are: the UnitedKingdom (UK), United States (US), France,Germany and Japan. As the campaigngrows, countries in Africa, Latin Americaand Asia will also be targeted. Plans areunder way to roll out the campaign in theUK, hot on the heels of Celebrate SouthAfrica, with US next on the list.

(See Chapter: Tourism.)

Co-operative governance

The importance of co-operative governanceand intergovernmental relations in SouthAfrica is reflected in Chapter Three of theConstitution on Co-operative Government,which determines a number of principles.

Section 41(2) of the Constitution specific-ally determines that an Act of Parliament mustestablish or provide for structures and institu-tions to promote and facilitate intergovern-mental relations. It should also provide forappropriate mechanisms and procedures tofacilitate settlement of intergovernmental dis-putes. The Department of Provincial and LocalGovernment is developing this framework.

A number of intergovernmental structureshave been instituted to promote and facilitateco-operative governance and intergovern-mental relations between the respectivespheres of government.

These include, among others, the following:• The PCC, comprising the President, the

Minister for Provincial and Local Govern-ment, and the nine Premiers.

• Ministerial clusters, Directors-general clus-ters and the Forum of South AfricanDirectors-general (FOSAD), which promoteprogramme integration at national andprovincial level.

• Ministerial fora (or MINMECs) betweenresponsible line-function Ministers atnational level and their respective counter-parts at provincial government level, whichnormally meet on a quarterly basis. Thesefora are supported by technical commit-tees.

• A number of intergovernmental fora thatfacilitate co-operative government andintergovernmental relations.

Elections

The Constitution of South Africa places allelections and referendums in the country atall three spheres of government (national,provincial and local) under the control of theIndependent Electoral Commission (IEC),established in terms of the Electoral Commis-sion Act, 1996 (Act 51 of 1996). SouthAfrica’s last municipal elections were held on5 December 2000. Some 18 476 500 peopleregistered to vote, of whom 55% werewomen. The election day was officiallydeclared a public holiday.

The IEC launched a R46-million voter edu-cation campaign with the theme Vote, itsyour right, in October 2000 to promote voterturnout. It educated voters about, amongother things, the different ballot papers usedin respect of the three different categories ofmunicipalities. The UK donated R7 million ofthis, while contributions were also receivedfrom, among others, Japan, Greece, Austria,Canada, the US, the United Nations (UN) andinternational agencies. More than 1 600 fieldworkers were recruited and trained in voterregistration. They worked with non-govern-mental organisations (NGOs) to conductworkshops at factories, churches, schools andtraditional gatherings.

The gender distribution of all candidatesfor the municipal elections was 66% maleand 34% women.

On election day, 223 712 election staffwere employed at 15 002 voting stationsacross the country.

The Democratic Alliance (DA) won theCape Town Metro City, while the six other

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metro cities went to the ANC. The ANC wona total of 170 municipalities, 36 went to theIFP, 18 to the DA and one to the UDM. In 12municipalities no overall majority wasachieved.

The national voter turnout was 48%. Spoiltballots accounted for 2,63% of the total bal-lots cast.

By-electionsBy-elections take place within 90 days afterthe resignation or death of a councillor, orwhenever a political party exercises its right tochange its representation in a council.

In terms of the Local Government: Muni-cipal Structures Act, 1998, a by-election mustbe held if:• the IEC does not declare the result of the

election of a municipal council, districtmanagement area or ward within the period specified in terms of the ElectoralCommission Act, 1996

• a court sets aside the election of a council,or in a district management area or in award

• a council is dissolved• a vacancy in a ward occurs• a councillor vacates office during a term of

office if he/she resigns in writing; no longerqualifies to be a councillor; was electedfrom a party list and ceased to be a mem-ber of the relevant party; contravenes aprovision of the Code of Conduct forCouncillors; is a representative of a localcouncil in a district council and ceases to bea member of that local council; or is re-placed by the local council as its repres-entative in the district council.

While the Electoral Commission is responsiblefor the management of all by-elections, it alsouses these by-elections as an opportunity toupdate the National Common Voters’ Roll,refining electoral processes and conductingvoter education.

Disaster management

Like many countries in the world, SouthAfrica is at risk from a wide range of natural,

technological and environmental hazards thatcan lead to disasters such as droughts, floods,major fires, tornadoes and major oil spills.

The Cabinet approved the formation ofthe Interministerial Committee for DisasterManagement in mid-1997. The Committee ischaired by the Minister of Provincial and LocalGovernment.

In January 1999, the White Paper onDisaster Management was released, whichunderlines the need to link development plan-ning to vulnerability assessments, enablingmeasures to reduce the exposure of the poor.

A chapter of the document addresses pro-posals for the development of comprehensivedisaster-management training and commun-ity awareness strategies and programmes.

The White Paper focuses on the need toestablish coordination mechanisms and earlywarning and information systems, and tocarry out advance planning. Key proposalsinclude the • development of a strategy to reduce the

vulnerability of South Africans – especiallypoor communities – to disasters

• introduction of a new disaster-manage-ment funding system to ensure that risk-education measures are taken, and thatsufficient capacity is built to respond to dis-asters and to provide for post-disasterrecovery.

In April 1999, the Interim Disaster Manage-ment Centre was replaced with the Inter-departmental Disaster Management Com-mittee to deal with disasters and other phe-nomena and to give advice to the Commit-tee. The National Disaster ManagementCentre came into operation on 1 April 2000.

In June 2001, the Disaster ManagementBill was approved for submission to Parlia-ment. It deals with comprehensive matters ondisaster management, including processes ofdisaster declaration and preventative meas-ures.

The Public Service

At the beginning of the second democraticterm of governance in June 1999, a shift in

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emphasis took place from restructuring andpolicy-making to service delivery and policyimplementation.

The year 2000/01 has seen the intensifica-tion and consolidation of the initiativesadopted for the second term. The Depart-ment of Public Service and Administrationfocused its energies on the strengthening ofmanagement capacity, improving the qualityof management information, developingmechanisms to promote service deliveryimprovement, e-government policy andtransversal strategies addressing humanresource management and development,Human Immunodefiency Virus (HIV)/AcquiredImmune Deficiency Syndrome (AIDS), andcorruption.

Size of the Public ServiceOn 31 December 2000, the Public Serviceemployed 1 042 392 people. This represents adecrease of 23 607 from 31 December 1999.

Public service numbers have declined grad-ually but steadily since 1994, when the still-fragmented Public Service consisted ofapproximately 1,2 million officials. (As atSeptember 1993, based on Department ofForeign Affairs and Payroll sources, therewere 1 187 600 public servants in 11 ‘publicservices’.) Sixty-one per cent of public ser-vants are in the social services cluster ofdepartments (health, education and socialdevelopment). The next biggest clusters arethe criminal justice cluster (16%) and thedefence and intelligence sector (8%).

Policy and legislationThe Public Service Management Framework ismade up of legislation, regulations and col-lective agreements. The Public Service Act,1994 (Act 103 of 1994), as amended, as wellas the Public Service Regulations, came intooperation in 1999.

The Regulations were re-issued on 5 January 2001 with minor amendments andnew chapters on the Senior ManagementService (SMS) and on financial disclosure byheads of departments and certain otheremployees.

In addition, a broader and more far-reach-ing review of the regulatory framework hasbeen prompted by the need for greater align-ment of the Public Service framework withthe financial management framework andthe labour relations framework.

An important focus of the review is also themacro-organisation of the Public Service andthe need to regulate the establishment ofpublic entities (PEs) and agencies to deliverservices.

Macro-organisational issuesPart of the drive towards efficient and effect-ive service delivery is the incorporation ofmechanisms that allow for partnershipsbetween public service departments andother entities.

This includes outsourcing and the creationof agencies or PEs to perform particular func-tions. An increasing obligation is monitoringand evaluating the work that is no longer per-formed directly by government.

Accordingly, Cabinet has approved the cre-ation of an institutional framework to guidethe creation, management and review of PEsas part of an overarching framework for ser-vice delivery. The framework will be incorp-orated in a more inclusive public manage-ment law which the Minister for PublicService and Administration intends to intro-duce in 2002 to replace the current PublicService Act, 1994. An interim framework hasbeen established to regulate the creation ofPEs until the broad, overarching frameworkcomes into force.

Strengthening institutional performanceIn 1999 and 2000, the Department of PublicService and Administration’s Integrated Im-plementation Plan (IIP) assisted departmentsto develop management plans made up of astrategic plan linked to the Medium-termExpenditure Framework.

This is an organisational structure to deliveron strategic priorities within budgetary con-strains, a service delivery plan and a humanresource plan.

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The management plans provided criticalinformation on the Public Service which hasinformed government’s approach to therestructuring thereof. Through the IIP process,departments and sectors have internalisedgovernment’s priorities more effectively andmade plans better designed to implementthem.

The Department is developing capacity toprovide support in change management,organisational development, restructuring,service delivery innovation and other key areasof transformation as an internal ‘consultancy’service to the rest of government.

The Interprovincial Support Programme(IPSP), which was launched as a support pro-gramme for three provinces, has grown toincorporate three more provinces. Initial pro-jects supported the provinces’ efforts toestablish performance-management systemsand to improve the delivery of services inaccordance with the requirements of theBatho Pele service delivery policy.

Service delivery improvement andthe restructuring of the PublicServiceThe Batho Pele service delivery policy hasbeen the corner-stone of the Department’sefforts to improve service delivery in depart-ments since its promulgation in 1997. A strat-egy has been developed to revitalise BathoPele during 2001. To encourage service deliv-ery innovation, plans have been developed toestablish a Centre for Public Service Inno-vation as a Section 21 company, to incubateand pilot innovative projects developed bypublic servants and private companies.

A draft framework on service delivery in-novation has been developed and consultedupon. Issues addressed in the frameworkinclude partnering, shared services, outsourc-ing, a call centre, corporatisation, commer-cialisation, activity-based costing, and theredeployment of personnel to non-publicservice employers.

A task team was established to address therestructuring of the Public Service. A pilotrestructuring project, aimed at facilitating the

redeployment of South African NationalDefence Force personnel, has commenced.

Labour relations and conditions of serviceProposals on the implementation and thecosting of the Personnel Expenditure Reviewfor 1999/00 and the Wage Policy werefinalised in March 2000 and taken forward aspart of the negotiating process.

At the 2000/01 annual wage agreements,the parties agreed to establish employer/union task teams on macro-benefits includingmedical aid, housing and pension benefits.

A task team was also established to dealwith HIV/AIDS in the workplace. It was fur-ther agreed that the rank and leg promotionsystem would come to an end on 1 July 2001.

The Public Service implemented the BasicConditions of Employment Act, 1997 (Act 75of 1997), from June 2000. A major agree-ment on the leave dispensation for the PublicService, including disability management, wasreached in September 2000. Research wasconducted into the conditions of services andprogrammes for the advancement of lower-graded workers in the Public Service. TheDepartment assisted the Department ofForeign Affairs and the National Treasury infinalising the Foreign Service Dispensation.

The Public Service Job Summit, held inPietersburg in the Northern Province inJanuary 2001, represented a critical advancein relations between public service unions andthe State as employer. The Summit, whichwas held pursuant to a resolution of thenational Job Summit held in October 1998,committed the parties to the transformationof the Public Service. The framework agree-ment reached at the Summit established theprinciples and objectives to guide the process.

The Governance andAdministration (G&A) ClusterThe IIP and the management plans that ithelped produce also revealed patterns andtrends across government that helped guidethe planning process for the G&A Directors-general Cluster. The Cluster is made up of the

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Directors-general of the central regulatorydepartments that include the Presidency, theNational Treasury, the GCIS, the Departmentof Provincial and Local Government, thePublic Service Commission (PSC), the SouthAfrican Management Development Institute(SAMDI) and the Department of PublicService and Administration.

The central insight that emerged from theIIP process was that the Cluster’s focus on linedepartments during the first democratic termof governance had produced positive resultsbut that these changes were not permeatingfast enough to the points of service delivery(hospitals, clinics, schools, police stations, etc.)This realisation paved the way for an inte-grated G&A plan of action that is focused onbuilding the capacity of service-delivery insti-tutions. This does not imply an abandonmentof the programmes aimed at the modernisa-tion of the Public Service, but signals a real-isation that they must be primarily directed atservice-delivery institutions.

Fighting corruptionA financial disclosure framework for topmanagers in the Public Service, aimed at preventing conflicts of interest between anemployee’s private activities and his or herofficial re-sponsibilities, came into operationon 1 April 2000. Affected employees arerequired to disclose, before 30 April of eachyear, all their registerable interests. The re-gulatory framework for disclosures, inChapter 3 of the Public Service Regulations,came into force on 5 January 2001. A panelto deal with high-level disciplinary cases hasbeen established.

State Information TechnologyAgency (SITA) and e-governmentpolicyDraft e-government policy was scrutinisedand revised at a workshop in July 2000 and atan Information Technology (IT) seminar inOctober. It was submitted to Cabinet forapproval as a consultation document in April2001. Extensive consultations are currentlyunder way. The draft policy seeks to put the

users of government services at the centre, inline with the principles of Batho Pele. The pol-icy also carries forward key recommendationsof the Presidential Review Commission on IT.Accordingly, e-government efforts are basedon four key pillars:• leveraging economies-of-scale to procure

IT hardware and software in a much morecoordinated manner, and avoidingexploitation by some IT vendors

• fostering inter-operable government sys-tems and avoiding unnecessary vendorlock-in

• e-government security to foster the cit-izen’s confidentiality and privacy on in-formation provided, flowing, and kept ingovernment systems

• eliminating unnecessary duplications tosave valuable resources and eliminateinconveniencing the citizen.

SITA was established in April 1999. It providesa range of IT services to departments in termsof the State Information Technology Act,1998 (Act 88 of 1998). During 2000, a num-ber of departments joined SITA.

The Government Information TechnologyOfficers’ Council was established in October2000. The Council serves as an advisorybody to ensure coordination on IT matters.It has established task teams to focus on ITsecurity, projects, policy, strategy and pro-curement.

A review of SITA’s business model was con-ducted, and Cabinet has approved that SITAbe restructured to isolate its defence andlegacy services, in order to enter into partner-ships with public and private-sector comp-anies with a view to a full transfer of thesefunctions to the partners within three years.This will allow SITA to concentrate its energieson providing e-government services todepartments. (See chapter: Communications.)

Human resource management anddevelopmentAn investigation and report into the seniormanagement cadre was completed in May2000 and one of its key findings was thatthe Public Service was ‘under-managed’.

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The shortage of managers was found to beeven more pronounced in the provinces,where the development needs are thegreatest.

For these reasons and others, it was decid-ed to establish a distinct SMS, improvedrecruitment and selection practices for seniormanagers, competency-based training anddevelopment programmes, and a more flex-ible and cost-to-employer remuneration sys-tem. The Competency Framework for theSMS was expected to be finalised by May2001. A research project into recruitment andbest-practices was conducted, and a reportwith recommendations produced.

HIV/AIDSA study on the impact of HIV/AIDS in thePublic Service was completed. Two furtherstudies, focusing specifically on the healthand education sectors, were completed inNovember 2000 and February 2001 respect-ively. A comprehensive Programme of Actionhas been developed to safeguard the PublicService against the impact of HIV/AIDS. TheProgramme focuses on a workplace policyframework and minimum standards; reviewof policy, legislation and conditions of service;and capacity-building and support pro-grammes.

Public Service informationOne of the most important tools to improvemanagement performance is to ensure thatthey have accurate and relevant informationat their disposal to assist in decision-making.The Department of Public Service andAdministration, with the co-operation ofother departments, has developed theVulindlela Report, a quarterly report thatfocuses on trends and patterns in publicservice employment. The programmeencourages the participation of depart-ments, particularly in the correcting andupdating of their own information where itis inaccurate or out of date. Human resource managers contribute commentarieson the figures, which assist in the policyreview process.

The Department also published an annualreport on personnel expenditure and thePublic Service Review Report in May 2000.The first report of its kind, the 1999/00Review Report contains information on thecomposition of the Public Service, a reviewof personnel expenditure and a review ofservice-delivery successes of the past fiveyears. A chapter is also dedicated to thechallenges for improving the managementand performance of the Public Service. TheReport is a contribution towards learningand sharing of best-practice in the PublicService. The 2000/01 Report was released inJune 2001.

Public Service Commission (PSC)The PSC is the independent monitor andarbiter of the activities, ethos and conductof the Public Service. The powers and func-tions of the PSC are set out in Section 196of the Constitution. The Commission isrequired to• promote the values and principles of public

administration set out in the Constitution• monitor, evaluate and investigate human

resource practices, service delivery andrelated organisational matters to assess theextent to which they comply with Constitu-tional values and principles

• support the efforts of the Public Service topromote a high standard of professionalethics

• investigate grievances of officers and re-commend appropriate remedies or actions

• report to Parliament and provincial legis-latures on its activities.

The PSC is one of a number of institutionswhose role it is to support the legislature inenhancing accountability.

The PSC is supported by the Office of thePublic Service Commission (OPSC), whichimplements policy and programmes of thePSC. The Commission comprises 14 Commis-sioners, five based in Pretoria and nine in theprovinces. The Commission has regionaloffices in all the nine provinces.

The work of the OPSC is structured aroundsix key performance areas.

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Ethics and risk managementThis unit aims to establish a culture of profes-sional and ethical behavior in the PublicService. It researches and evaluates ethics andcorruption, and promotes best-practices inrisk management.

The Code of Conduct for Public Servantswas promulgated in 1997 with the aim ofproviding public servants with guidelines onthe behavior expected of them in the courseof their duties. Public servants are required toserve the public impartially and may not dis-criminate unfairly against any member of thepublic. A cross-sectoral task team was estab-lished to create a national coordinating struc-ture with the authority to lead, coordinate,monitor and manage the National Anti-Corruption Programme. The cross-sectoraltask team comprised the public sector rep-resented by the PSC, private sector represent-ed by KPMG and civil society represented byTransparency South Africa. The three sectorssigned a Memorandum of Understandingcommitting themselves to the fight againstcorruption in South Africa. This led to thelaunch of the National Anti-CorruptionForum on 15 June 2001 in Langa, CapeTown.

Special investigationsThis unit manages the execution of specialinvestigations with relation to the core func-tions of the Commission. It researches prob-lematic public administration areas, invest-igates and audits departmental anti-corrup-tion units, and contributes to the nationalfight against corruption by participating incross-sectoral investigations and strategicworkshops.

Management and service deliveryimprovementThe unit investigates, monitors and evaluatesmanagement practices and service delivery inthe Public Service. It also monitors servicedelivery and management practices at de-partmental and sectoral level, and researchesand develops innovative methods to enhancemanagement practices and improve servicedelivery.

Labour relationsThis unit investigates, monitors and evaluatesthe application of merit and equity principlesand sound human resource practices andpolicies. This entails providing advice on griev-ances in the Public Service and advice on, andmonitoring of, labour relations. It also invest-igates grievances lodged with the Commis-sion, and monitors and evaluates the applica-tion of sound labour relations principles innational and provincial departments. TheCommission has approved an internal policyfor dealing with complaints lodged with theCommission by public servants and membersof the public.

Human resource management and developmentThis unit investigates, monitors and evaluateshuman resource policies and practices in thePublic Service.

In terms of its Constitutional mandate, theCommission conducted investigations intothe application and management of varioushuman resource practices. These investiga-tions included the management of leave,overtime, sick leave, and dismissal as a resultof misconduct. Reports emanating fromthese investigations were discussed with rel-evant Parliamentary committees.

Senior management and conditions of serviceThis unit manages the monitoring and evalua-tion of conditions of service and the perform-ance management of heads of departments.

The PSC developed a framework for theevaluation of heads of departments.

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mPresident Thabo Mbeki launched the PresidentialStrategic Leadership Development Programme (PSLDP) inJuly 2000. This Programme aims to increase the capacityof senior management and leadership in the PublicService.

The PSLDP received a national accolade with its Policy,Research and Knowledge Management Module beingrated the best in South Africa by the University of Pretoria.

Information

It conducted research to determine how theevaluation of departmental heads is dealtwith in various foreign public services, andalso considered the unique circumstancesthat apply to South Africa. After a process of consultation, which included FOSAD,Cabinet approved a framework for suchevaluations.

Affirmative actionThe Government’s affirmative action policyfor the Public Service emphasises ‘manage-ment of diversity’, based on public service cul-ture, composition, human resource manage-ment and service provision practices.

On 31 December 2000, 51% of public ser-vants were women, and 36% of all employ-ees were African women. Seventy-one percent of public servants were African.

The White Paper on Affirmative Action inthe Public Service was published in April1998. It spells out the accountability, mon-itoring, coordinating and reporting respons-ibilities of the various players within affirma-tive action programmes. The implementationof affirmative action policies was incorporat-ed into managers’ performance objectivesand into the performance contracts ofDirectors-general.

Failure to implement these policies couldresult in dismissal. Public service entities (thePublic Service, parastatals and municipalities)had to set up affirmative action policies con-taining numeric targets and time frames.

Government undertook a national genderaudit to assess systems which support gendermainstreaming. The audit had the followingobjectives: • determining the sustainability of the insti-

tutional environment within which genderwas to be mainstreamed

• understanding the operational dynamics ofthe institutional environment

• ascertaining the mechanisms and process-es that can be instituted to enhance suc-cessful implementation of a gender main-streaming strategy

• assisting government to establish initialbenchmarks against which targets can bedefined and progress can be measuredover time.

The audit found that:• there is a strong political will and a legis-

lative framework in place which wouldenable gender mainstreaming

• since 1994, the number of women man-agers has increased.

With the assistance of the Office on theStatus of Women, national Ministries willundertake to:• review their infrastructures to undertake

gender mainstreaming in a meaningfulway

• arrive at a common understanding aboutthe role, functions and accountability ofgender focal points.

The South African Policy Framework ForWomen’s Empowerment and Gender Equal-ity was approved by Cabinet in December2000. The policy document focuses on theempowerment of women living in rural areasas a means to gender equality. A high percentage of these women are African.Three programmes in the Presidency areeffecting a proactive approach to ensure theintegration of gender, children and disabilityissues in the rural strategy which will belaunched soon.

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A project agreement between the UN and the SouthAfrican Government was signed in March 2001 insupport of government’s National Anti-corruptionProgramme.

Project funding is estimated at about $350,000 andwould, over two years, provide institution-building anddirect support to the Programme through the followingelements:• assessing the corruption situation and anti-

corruption measures in South Africa• further developing the National Anti-corruption

Programme and supporting legislation• strengthening the capacity of selected departments

and the National Directorate of Public Prosecutions toprevent, investigate and prosecute corrupt acts

• strengthening the capacity of the OPSC to detect andprevent systemic corruption risks

• developing tailor-made provincial anti-corruptionstrategies.

The project commenced in April 2001 and will be con-cluded after 24 months.

Information

TrainingSAMDI is a fully-fledged department headedby a director-general to better align the train-ing it provides with the challenges of imple-menting the Public Service Regulatory Frame-work and government policies.

The mission of SAMDI is to provide customer-driven organisational develop-ment interventions that will lead to improvedpublic-sector performance and service deliv-ery.

In developing its own turn-around strat-egy, SAMDI will broaden its current trainingfocus to an organisational developmentfunction.

This will enable SAMDI to meet the client-driven needs of departments more effectivelyin order to accelerate service delivery.

Between February and September 2001, atotal of 12 019 public servants were trained inareas such as the PSLDP, financial manage-ment, human resource management andprovincial administration training.

A milestone for SAMDI has been thelaunch of the SAMDI/INTAN Capacity-build-ing Programme (INTAN is the MalaysianInstitute of Public Administration). By Sept-ember 2001, 84 South African public servicemanagers have been trained, 31 of these dur-ing study trips in Malaysia. Areas of trainingincluded training of trainers, needs analysis,management development and leadershipdevelopment.

The Minister of Public Service and Admin-istration said in her media briefing in Sept-

ember 2001 that the Public Sector Educationand Training Authority (PSETA) would be formally launched on 25 September. ThePSETA has been accredited by the South Afri-can Qualifications Authority as an Educationand Training Quality Assurance agency. Theprocess of accrediting training and educationproviders was completed at the end of Au-gust. Assessors were expected to be accredit-ed by the end of October. Departments havesubmitted 55 workplace skill plans.

Special Investigating UnitA special investigation and tribunals unitappointed in March 1997 by former PresidentNelson Mandela to probe corruption andmaladministration in government was thesubject of a CC ruling during 2000.

In November 2000, in a case initiated bythe South African Association of PersonalInjury Lawyers, the CC ruled that it wasunconstitutional for the Special InvestigationsUnit to be headed by a Judge, and thereforein particular by Judge William Heath. TheCourt held that to have a judge performingexecutive functions serves to corrupt the prin-ciple of the separation of powers, and that torequire a judge to perform these functionsclearly compromises the independence of thejudiciary.

Government accepted the Court’s de-cision and Parliament amended the legisla-tion that had allowed for a judge to head theUnit. Willie Hofmeyr, head of the AssetForfeiture Unit, was appointed to head theUnit.

Home Affairs

The Department of Home Affairs providesindividual status determination services.

The Department has a network of offices inall the provinces. Where the establishment offixed offices is not warranted, mobile officesor units service such areas on a regular pre-arranged basis.

The Department is divided into five func-tional support divisions and two line-functiondivisions.

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The PSC, KPMG and Transparency South Africa launchedthe first South African Ethics in Practice 2001 Survey inMarch 2001. The Survey aims to establish a snapshot ofcurrent ethics practice of organisations across SouthAfrica, as well as the ethics trends now and into themillennium.

The Survey will act as barometer of South AfricanNGOs, business and government organisations’ viewson ethics, trends in the new millennium, and initiativesthat organisations may implement in order to improveethical practices. It will also address issues such asconflicts of interest and corporate courtesies, which arebeginning to acquire a higher profile in South Africa.The Survey is based on the Ethics Practices Survey,which was conducted by KPMG Canada in 2000.

Information

Statutory bodies falling under the Depart-ment are the• Immigrants Selection Board• Standing Committee for Refugee Affairs• Refugee Appeal Board• Film and Publication Board• Film and Publication Review Board (see

Chapter: Arts and culture.)The Government Printing Works providesprinting, stationery and related services for allgovernment departments, provincial govern-ments and municipalities.

It also publishes, markets and distributesgovernment publications. Based in Pretoria,the Printing Works provides a variety of relat-ed services to departments, the printingindustry and other African countries, includ-ing the manufacture and supply of fingerprintink to the South African Police Service (SAPS)and the printing of postage stamps for theDemocratic Republic of Congo and Lesotho.

Negotiations on the rationalisation of theservices of the Government Printing Workswith provincial printing facilities are inprogress.

Civic servicesThe responsibilities of the Chief Directorate:Civic Services comprise mainly populationregistration and civic services. Population re-gistration entails the recording of personalparticulars in the Population Register with aview to the issuing of identity documents;identification by means of fingerprints andphotographs; and matters pertaining to thestatus of persons, such as births, marriagesand deaths.

Civic services entail the issuing of pass-ports, registration of foreign births, determin-ing citizenship, and issuing of certificates ofnaturalisation or resumption as South Africancitizens.

Citizenship mattersSouth African citizenship is regulated by theSouth African Citizenship Act, 1995 (Act 88of 1995), and the regulations issued in termsthereof. South African citizenship may begranted by way of

• an application for naturalisation as a SouthAfrican citizen

• an application for resumption of SouthAfrican citizenship

• the registration of the birth of childrenborn outside South Africa from SouthAfrican fathers or mothers.

MigrationThe Chief Directorate: Migration is respons-ible for control over the admission of aliensfor residence in and departure from SouthAfrica. This entails• processing of applications for visas, tem-

porary residence permits and immigrationpermits

• maintaining a travellers and aliens controlsystem

• tracing and removing aliens who are con-sidered undesirable or who are in theRepublic illegally.

In 2000, South Africa repatriated 170 317illegal immigrants to at least 92 countries.Mozambique and Zimbabwe are by far thelargest sources of illegal immigrants. SouthAfrica is believed to harbour between 2,5 and4,1 million illegal immigrants.

The Refugees Act, 1998 (Act 130 of1998), gives effect within South Africa tothe relevant international legal instruments,principles and standards relating to re-fugees; provides for the reception into SouthAfrica of asylum seekers; regulates applica-tions for and recognition of refugee status;and provides for the rights and obligationsflowing from such status, and related matters. The Act came into effect on 1 April2000.

In April 1999, the White Paper on Inter-national Migration was released, proposing acomplete overhaul of the system. At the heartof the proposed policy is a reliance on marketforces to determine which skills are needed inSouth Africa.

According to the document, illegal alienscompete for scarce resources and jobs withSouth Africans living in poverty. It recom-mends the scrapping of the ImmigrantsSelection Board in favour of ‘objective criteria’

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administered by a regulatory agency knownas the Immigration Service. This is intended toenable businesses to recruit foreign workerson condition that they pay predeterminedsums into a skills training fund for SouthAfrican workers.

The creation of immigration courts andminimum mandatory penalties for thoseemploying and harbouring illegal aliens arealso recommended.

The White Paper proposes dividing for-eigners into two categories: workers and therest, which includes tourists and businesspeople. While workers fall under communityinspectorates, tourists and business peoplewill be eligible for once-renewable three-month entry permits.

The Immigration Service will have thepower to negotiate corporate visas, to begiven to domestic companies for a specifiednumber of foreign workers on the basis ofskills needs and administered by the com-panies themselves.

People to be barred from South Africainclude those with infectious diseases or crim-inal records, citizens of certain countries,those previously deported, and members ofcriminal or terrorist organisations.

A new system of migration control forSouth Africa will be launched, which cap-italises on world experience while setting newworld standards without losing sight of thespecific features of South African society andgovernment and related limitations and con-straints. The Aliens Control Act, 1991 (Act 96of 1991), will be replaced by the ImmigrationAct (when it is passed through Parliament),which will change not only the criteria for theissuance of permanent and temporary res-idence permits, but also the structures intend-ed to administer new procedures. The newlegislation will establish regulatory agencies,which will have the flexibility to make detaileddeterminations on the needs of migrationcontrol and society, in close coordination andconsultation with the affected interests, role-players and stakeholders. Once adopted itmay take two years to finalise the restructur-ing of the migration line function of the

Department and the new Immigration Serviceenvisaged in the Bill, and to adopt therequired regulations through the necessaryparticipation of the relevant stakeholders androle-players.

VisasAliens must be in possession of valid andacceptable travel documents in order to enterthe Republic. They must also be in possessionof valid visas, except in the case of certaincountries whose citizens are exempt from visacontrol. Such exemptions are normally limitedto bona fide holiday and business visits andtransits.

The phasing-in of computerised visas hascontinued, and by the end of March 2001 atotal of 54 missions were computerised. Afurther 27 missions were scheduled for theimplementation of the computerised visa sys-tem during 2001/02.

The visa system is aimed at facilitating theadmission of acceptable aliens at the ports ofentry. A visa does not afford the holder anyright of residence in the Republic. Temporaryresidence permits reflecting the purpose andduration of the visit are issued at ports ofentry for this purpose.

Control of travellersThe travel documents of persons entering ordeparting from the Republic are examined byimmigration officers at recognised ports ofentry to determine whether such personscomply with the necessary requirements.

Control of sojournAliens who are in the country illegally and whoare therefore guilty of an offence can be clas-sified into three categories, namely those who• entered the Republic clandestinely• failed to renew the temporary residence

permits issued to them at ports of entry• breached the conditions of their temporary

residence permits without permission, e.g.holiday visitors who took up employmentor started their own businesses.

Depending on the circumstances, personswho are in the Republic illegally are prosecut-

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ed or removed or their sojourn is legalised.Officers at the various regional and districtoffices of the Department are in charge oftracing, prosecuting and removing illegalaliens from the country. Employers of illegalaliens are also prosecuted.

Permanent residenceIt is government’s policy to allow immigrationon a selective basis. The Department isresponsible for• processing applications for immigration

permits for consideration by the centraland regional committees of the ImmigrantsSelection Board.

• admitting suitable persons for immigration,such as skilled workers in occupations inwhich there is a shortage in South Africa.The Department particularly encouragesapplications by industrialists and otherentrepreneurs who wish to relocate theirexisting concerns or establish new con-cerns in South Africa.

The Department is not directly involved in anactive immigration drive.

In categories where shortages exist, thenormal procedure is for employers to recruitabroad independently and in most casesapply for temporary work permits initially.

Regional committees of the ImmigrantsSelection Board consider applications for im-migration permits of prospective immigrantswho wish to settle in the relevant provinces.These committees are totally autonomous,and have the authority to review applicationsthat have been rejected and to refer appealsto the central committee.

Enquiries in this regard can be made to thenearest office of the Department in SouthAfrica, missions abroad or the Director-General of Home Affairs (for attention Sub-directorate: Permanent Residence) in Pretoria.

Temporary residenceIn terms of the Aliens Control Act, 1991, tem-porary residence permits are divided into thefollowing categories:• visitor’s permits• study permits

• work permits• business permits• study permits• work-seeker’s permits• medical permits.In terms of Section 11 of the Act, aliens wish-ing to enter the Republic as visitors or forbusiness or medical purposes must be in pos-session of visas, if not exempt from visa con-trol. An immigration officer will issue a tem-porary residence permit to holders of suchvisas or to persons exempt from such visarequirements at the port of entry, if such per-sons meet entry requirements. However, per-sons wishing to enter the Republic as work-seekers or for work or study purposes mustbe in possession of the relevant permit that isissued outside the country.

The overriding consideration in dealingwith applications for work permits is whetherthe employment or task to be undertakencannot be performed by a South African cit-izen or an approved permanent immigrantalready residing in South Africa.

Applications for the extension of tem-porary residence permits can be submitted atthe nearest regional/district office of theDepartment of Home Affairs prior to theexpiry date of the permit. Any enquiries relat-ed to temporary residence permits can bemade at the nearest district/regional office ofthe Department in South Africa, SouthAfrican diplomatic representatives abroad, orthe Director-general of Home Affairs for theattention of the Subdirectorate: TemporaryResidence.

Removal of undesirable personsIn terms of legislation, the Minister of HomeAffairs may order the deportation of any per-son (other than a South African citizen) con-victed of any of the offences specified, or ifsuch person is deemed by the Minister to bean undesirable inhabitant of or visitor to theRepublic.

The Minister may also order the deporta-tion of any person (other than a South Afri-can citizen) if it is deemed to be in the public’sinterest.

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