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Report of the Legislature and Governance Commission

11 October 2015, Gallagher Estate


  • In order to transform South Africa ANC needs to win elections;
  • ANC needs votes to stay in power;
  • Building confidence of people in the ANC government;
  • Occupy moral high ground and deal decisively with fraud and corruption.
  • Respond and deliver on peoples immediate needs;
  • Delivery is depended on how we use finance and economic growth;
  • Delivery is also depended on appointment of capable, disciplined individuals with humility and interest of communities at heart.

(i) Legislatures


  • The Strategy discussion document that was initiated separately by the Chief Whip and Speakers forum was noted.
  • It was further agreed that a single discussion document should be developed to combine the two initiatives.
  • The urgent finalisation of the matter within 12 months.

(ii) Provinces


  • Review of Provinces must commence.
  • Establishment of the Presidential Commission should be fast-tracked.
  • Changes in provincial boundaries require a change to the Constitution, and a change thereto requires a two-thirds majority.

(iii) Local Government (1/2)



  • Ward committees - must come from community constituencies / structures, and not represent individual interests.


  • Troika - there must be continuous cooperation among the troika. Clarify role of the Chief Whip.
  • Councillor performance - regular evaluation of councillor performance
  • Strengthen Councillor training and support.
  • Oversight - Municipal Councils must ensure continuous oversight; accountability; and alignment of structures.


  • National Treasury, SALGA, CoGTA are reviewing the LG financing model, including LG Equitable Share and Grants.
  • Councillor support - The Remuneration Commission is currently reviewing allowances of tools of trade for councillors.

Review of the LG Model:

  • Amending the Structures Act to deal with:
    • Formula for allocation of PR / Ward seats;
    • Review types of municipalities, e.g. Category A municipalities, plenary;
    • Management of LG elections; etc.

(iv) Cooperative Governance


  • Intergovernmental Relations - amend legislation to ensure integrated planning and optimal delivery in local government.
  • All planning must have a direct link to Integrated Development Plans.
  • In order to give effect to the resolution on integrated planning and service delivery the NEC should review the coordination and integration of allocation of focus areas of different NEC Sub-committees to strengthen co-ordination of policy and oversight of service delivery.

(v) Public Administration

  • Public Administration Management Act, 2014 - provides for a regulatory framework to set Human Resource norms and standards across spheres. The L&G Sub-Committee must monitor the operationalisation of PAMA as a step towards creation of a Single Public Service.
  • Single Public Service - need to look at mobility of staff across the spheres of government.
  • Building state capacity - is key to state delivery. National School of Government - must create thought leadership between the private sector and government. Resolve allocation of funding.
  • Service delivery ethos and attitude - The public service must adopt a service delivery ethos and attitude.
  • The Presidential Review Commission - should finalise the review of all salaries.

(vi) Traditional Leaders


  • The Traditional Leadership and Governance Framework Amendment Bill was officially introduced into Parliament on 23 September 2015.
  • The Bill provides for recognition of Khoi and San communities.
  • First briefing of the Committee will be on 27 October 2015.

(viii) Municipal Boundary Demarcation


  • South African LG system is still evolving.
  • Continue to address financially and economically non-viable municipalities after the 2016 LG elections.
  • Consider the views of communities when determining municipal boundaries and delimiting wards.
  • Consider the time-period between the demarcation and delimitation of boundaries.
  • The redetermination of municipal boundaries has resulted in a change of ward boundaries - this impacts on ANC Branches.

Immediate Actions by ANC - the LG 2016 Elections


  • The 60% retention of Councillors should be linked to performance.
  • Consider nominations from the leagues.
  • Deployees must have minimum requirements.
  • Utilise National and Provincial ANC deployees to support and work with Councillors in priority / high risk municipalities in elections campaign work.
  • Increase public participation and community report-backs and door-to-door campaign.
  • ANC Branches to develop programmes that respond to the immediate needs of communities.
  • NEC to consider announcing Mayoral Candidates before the elections in Metro and other big municipalities.



  • Noted substantial progress made in the implementation of previous conference resolutions;
  • Deployees to continue with the implementation of outstanding resolutions and provide regular feedback to the appropriate structures of the ANC; and
  • ANC structures to strengthen their capacity to monitor and evaluate on-going government work and the performance of deployees.

Intensify Back-to-Basics - LG 2016 Elections


  • LG Election Manifesto to be premised on the pillars of the Back to Basics programme.
  • Within the context of the Back-to-Basics campaign, all spheres must respond swiftly to issues raised by communities.
  • Identify low hanging fruit / quick wins in all governments departments.
  • Massify implementation of programmes with direct impact on youth, women and communities, such as EPWP & CWPs.
  • Extend programme such as Tirisano / Sukuma-sakhe to address protests and immediate community needs.
  • Develop mechanisms to address underspending of infrastructure grants by weak municipalities.



  • Representation of youth on LG Structures;
  • Traineeship opportunities for youth in LG;
  • Create employment opportunities for young professionals in government administration;
  • Consider report on the review the allocation of powers and functions between local and district municipalities.


  • Special attention to spatial transformation an integration measures to reverse apartheid spatial patterns that characterises our municipal spaces;
  • The IUDF must provide a government-wide policy framework on how urbanisation should be managed to ensure resilience and inclusion;
  • Strengthen monitoring of implementation of spatial integration in all spheres - by regulating cooperative governance through the IGR Act (as amended)
  • In order to give effect to the resolution on integrated planning and service delivery the NEC should review the allocation of focus areas of different NEC Sub-committees to strengthen co-ordination of policy and oversight of service delivery.