Legislative background
Planning and development in the Emalahleni Local Municipality occurs within the international, national and provincial policy framework, and provides for the implementation of the priorities as outlined in these documents. This section presents a long-term development strategy for the Municipality and gives effect to the development strategies and priorities of International, National and Provincial Government while also responding directly to the development challenges and opportunities that characterises the Emalahleni Local Municipality.
The Constitution
The Constitution of the Republic of South Africa of 1996 outlines the objectives and developmental duties of municipalities (S152 and S153). Section 155 further outlines categories of municipalities. As far as the developmental duties of municipalities are concerned, a municipality must structure and manage its administration, and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and participate in national and provincial development programmes. The objects of local government are:
- To provide democratic and accountable government for local communities;
- to ensure the provision of services to communities in a sustainable manner;
- to promote social and economic development;
- to promote a safe and healthy environment; and
- to encourage the involvement of communities and community organizations in the matters of local government.
Emalahleni Local Municipalities derives its powers and function from schedule
five and six of the constitution
- A municipality has Executive Authority in respect of, and has the right to Administer:
- the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and
- Any other matter assigned to it by National or Provincial Legislation.
- A municipality may make and administer by-laws for the effective administration
of the matters which it has the right to administer.
- Subject to section 151(4), a by-law that conflicts with National or Provincial legislation is invalid. If there is a conflict between a by-law and national or
provincial legislation that is inoperative because of a conflict referred to in section 149, the by-law must be regarded as valid for as long as that legislation is inoperative.
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The National Government and Provincial Governments must assign to a Municipality, by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 which necessarily relates to Local Government, if:
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that matter would most effectively be administered locally; and
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The municipality has the capacity to administer it.
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A Municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions.
The Municipal Systems Act
The Emalahleni IDP is compiled in terms of the requirements of chapter 5 of the Municipal Systems Act (Act 32 of 2000). Section 25 of the Municipal Systems Act (Act 32 of 2000) stipulates that- “Each municipal council must, within a prescribed period after the start of its elected term, adopt a single, inclusive and strategic plan for the development of
the municipality which,
- Links, integrates and co-ordinates plans and takes into account proposals for the development of the municipality;
- aligns the resources and capacity of the municipality with the implementation of the plan;
- forms the policy framework and general basis on which annual budgets must be based;
- complies with the provisions of this Chapter; and
- is compatible with national and provincial development plans and planning requirements binding on the municipality in terms of legislation.”
As far as the status of an integrated development plan is concerned, section 35 states that an Integrated Development Plan (IDP) adopted by the council of a municipality,
“(a) is the principal strategic planning instrument which guides and informs all planning and development, and all decisions with regard to planning, management and development, in the municipality;
(b) binds the municipality in the exercise of its executive authority, except to the extent of any inconsistency between a municipality’s integrated development plan and national or provincial legislation, in which case such legislation prevails; and
(c) Binds all other persons to the extent that those parts of the integrated development plan that impose duties or affect the rights of those persons have been passed as a by-law.”
Section 36 furthermore stipulates that; a municipality must give effect to its integrated development plan and conduct its affairs in a manner which is consistent with its integrated development plan.
Municipal Powers and Functions
Emalahleni Local Municipalities derives its powers and function from schedule five and six of the constitution A municipality has executive authority in respect of, and has the right to administer:
- the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and
- b) any other matter assigned to it by national or provincial legislation.
- A municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer.
Subject to section 151(4), a by-law that conflicts with national or provincial legislation is invalid. If there is a conflict between a by-law and national or provincial legislation that is inoperative because of a conflict referred to in section 149, the by-law must be regarded as valid for as long as that legislation is inoperative.
The national government and provincial governments must assign to a municipality, by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 which necessarily relates to local government,
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If: a) that matter would most effectively be administered locally; and
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b) The municipality has the capacity to administer it.
National Development Plan
The municipal IDP is developed and aligned in accordance with national development vision, which is outlined in various national policy documents, and consolidated in the National Development Plan (NDP). The National Development Plan is presented in 15 chapters, addresses the major thematic areas in detail, and provides clear recommendations and clear implementation frameworks.
The plan focuses on the critical capabilities needed to transform the economy and society. Achieving these capabilities is not automatic, nor will they emerge if the country continues on its present trajectory. Rising levels of frustration and impatience suggest that time is of the essence, failure to act will threaten democratic gains. In particular, South Africa must find ways to urgently reduce alarming levels of youth unemployment and to provide young people with broader opportunities.
The National Development Plan requires the local government to play a meaningful and active role in ensuring the implementation of the vision 2030. The plan compels the local government to be service delivery oriented in ensuring that the following is achieved:
- A comprehensive management strategy including an investment programme for water resource development, bulk water supply and wastewater management for major centres by 2012, with reviews every five years.
- Create regional water and wastewater utilities, and expand mandates of the existing water boards (between 2012 and 2017).
- An additional 643 000 direct jobs and 326 000 indirect jobs in the agriculture, agro-processing and related sectors by 2030.
- Increased investment in new agricultural technologies, research and the development of adaptation strategies for the protection of rural livelihoods and expansion of commercial agriculture.
- Rural economies will be activated through improved infrastructure and service delivery, a review of land tenure, service to small and micro farmers, a review of mining industry commitments to social investment, and tourism investments
- Strong and efficient spatial planning system, well integrated across the spheres of government.
- Upgrade all informal settlements on suitable, well located land by 2030.
- More people living closer to their places of work and Better quality public transport.
- More jobs in or close to dense, urban townships
- Develop a strategy for densification of cities and resource allocation to promote better located housing and settlements.
In 2030 people living in South Africa feel safe and have no fear of crime. They feel safe at home, at school and at work, and they enjoy an active community life free of fear. Women can walk freely in the street and the children can play safely outside.
National Outcomes
The IDP adopts an outcome-based approach in line with the national government priorities and the associated 12 outcomes (refer to Box 2). Early in the National Cabinet adopted twelve outcome areas that collectively address the main strategic priorities of government. The strategic objective of the outcome-based approach is to improve service delivery across all spheres of government and to introduce a systematic planning, monitoring and evaluation process.
High level Negotiated Service Delivery Agreements (NSDA) based on these outcomes has been concluded between the President and national ministers.
The Government outcome nine commits the Minister of Cooperative Governance and Traditional Affairs to develop a local government system which is efficient, effective, responsive and accountable. In line with Outcome 9 (refer to Box 3), Emalahleni Municipality IDP responds directly to issues facing the area and its communities, render local government services efficiently and effectively. However, the municipality will also contribute directly and indirectly to the attainment of other outcomes, particularly those dealing with economic development, infrastructure development, rural development and environmental
12 National outcomes
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an improved quality of basic education
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a long and healthy life for all South Africans
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all South Africans should be safe and feel safe
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decent employment through inclusive growth
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a skilled and capable workforce to support an inclusive growth path
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an efficient, competitive and responsive economic infrastructure network vibrant, equitable, sustainable rural community with food security for all
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sustainable human settlements and an improved quality of household life
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a responsive, accountable, effective and efficient local government system
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environmental assets and natural resources that are well protected and enhanced
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a better Africa and a better world as a result of South Africa’s contributions to global relations
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an efficient and development-oriented public service and an management. Therefore, alignment with the relevant sector frameworks and programmes across the spheres of government is critical.
Local Government Outcome 9
The national government has adopted an Outcomes Based Approach to development as a means to focus government initiatives and manage public expectations. Based on the Medium-Term Expenditure Framework (MTEF), 12 outcomes have been identified.
Outcome 9, which is “A responsive, accountable, effective and efficient Local Government
system” deals with local government and affects eMalahleni Municipality directly. It moves from a premise that local government is a key part of the reconstruction and development effort in South Africa, and that aims of democratizing society and growing the economy inclusively can only be realized through a responsive, accountable, effective and efficient local government system that is part of a developmental state. The government has identified the following outputs for Outcome 9 as outlined in box
Box 3: Outputs for Outcome 9
- Output 1: Implement a differentiated approach to municipal financing, planning and support
- Output 2: Improving access to basic services
- Output 3: Implementation of the Community Work Programme
- Output 4: Actions supportive of the human settlement outcome
- Output 5: Deepen democracy through a refined Ward Committee Model
- Output 6: Administrative and financial capability
- Output 7: Single window of coordination.
Mpumalanga Vision 2030
The Mpumalanga Vision 2030 is the direct implementation response to the National Development Plan (Vision 2030). It is the Province’s approach to realising the objectives of the NDP in the provincial context. It builds on and informs past & existing sectorial and related planning interventions in Mpumalanga (MP). It further set high level provincial targets, facilitate decision making and prioritisation and inform choices and trade-offs.
Process for developing Mpumalanga V2030 drew on:
- 2009 Green Paper: National Strategic Planning (foundations for longer term planning in SA)
- Draft National Development Plan (November 2011)
- Mpumalanga District Consultations (Feb – March 2012)
- Vision 2030 (Our Future, Make it Work), the objectives of the vision are:
- Structured as an implementation plan
- Framework for decision making and action at the macro policy level
- Guide for all governance levels in the Province
- Balance between detail and clear and constant strategies to shape action within and outside of government
- Incorporates focused spatial representation of content and intention
- Approach to change that links capabilities to opportunities and employment
- Incorporates the establishment of focused & interlinked priorities
- Three inter – related impact areas corresponding to NDP call for focus on “a few strategic priorities”
- For socio economic outcomes to be achieved, key mechanisms must be in place to facilitate the achievement of objectives.
- Mechanisms must build on the strong foundations of a safe and cohesive society and an honest and capable public service.
The MP V2030 summarises the priority areas of the NDP to provide a framework for the localisation of V2030 and its translation into province specific actions as shown in the above figure.
State of the National and Province Address
The 2020 State of the Nation and Province Address made emphasis on issues that affect the municipality and the municipal IDP has been aligned to issues raised in both addresses. Through the LED strategy, the municipality is committed in fixing and mitigating high levels of poverty rate. An intervention is on the SMME development and
skills development such as SMME support and incubation, skills development with special focus on youth. This is implemented through forging strategic partnerships support with our social partners. The municipality has also planned through SLPs to accelerate the roll-out and or rehabilitation of Township Industrial Parks. Furthermore, through strategic support the municipality is rolling out broadband and free Wi-Fi in strategic public places e.g. Taxi Ranks, Parks and Government buildings etc.
With the assistance of National and Provincial Government, the municipality is in the process of developing Climate Change adaptation and response strategy. Moreover, the municipality has established Anti-Fraud Toll free number which is 0800 004 005 to report any form of corrupt activity including any official, employee and / or public representative including private persons who are found to be an accomplice the bad practise.