UWCScholar :: Browsing by Author "Ntliziywana, Phindile"

Browsing by Author "Ntliziywana, Phindile"

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Adding injury to insult: Intrusive laws on top of a weak system
(Constitutional Court Review, 2016) Ntliziywana, Phindile
Local governments often encounter difficulties when state functions and powers are devolved to them. Capacity at local level often becomes the Achilles heel of devolution. This is the case in South Africa. The South African national government has undertaken a variety of capacity-building initiatives to address the capacity problems faced in the South African system of local government. A flurry of legal instruments containing capacity-building measures have been passed and more are in the offing. This paper is inspired by the argument raised by Steytler and De Visser about the national government’s attempt to legislate systemic problems faced by municipalities out of existence.
The draft: Municipal financial misconduct regulations
(Local Government Bulletin, 2012-10) Ntliziywana, Phindile
On 13 July 2012, the National Treasury published the draft Municipal Financial Misconduct Regulations for public comment. They set out processes and procedures that municipalities and entities must follow when dealing with allegations of financial misconduct. They apply to all officials and political office bearers in municipalities and municipal entities. The Regulations instruct each municipality to establish and publicise reporting procedures to ensure confidentiality and immunity from prejudice, harassment and dismissal in the reporting of financial misconduct.
The end of administrative autonomy over individual staff appointments : from the courts
(Community Law Centre, University of the Western Cape, 2011) Ntliziywana, Phindile
Section 118(1) provides that a registrar of deeds can register a property transfer only lfhe or she receives a municipal clearance certificate that confirms that all taxes and fees due In connection with the property 'during the two years preceding the date of application for the certificate have been fully paid'.
From the courts
(Community Law Centre, University of the Western Cape, 2010) Ayele, Zemalek; Bosire, Conrad; Ntliziywana, Phindile
The cart before the horse? An award of tender contracts before legal compliance?
The implication of noncompliance with Treasury's competency requirements
(Local Government Bulletin, 2011-11) Ntliziywana, Phindile
In 2007, in response to capacity constraints bedeviling local government, the National Treasury issued regulations setting out minimum competency requirements which all municipal financial and supply chain management officials have to meet. The regulations took effect on 1 January 2008, but gave a five year period of grace within which all financial and supply chain management officials throughout the country were required to attain the minimum competency levels. For these officials, the countdown reaches zero on 1 January 2013. Against this background, this article seeks to explore the potential implications flowing from the non-compliance with these minimum competency requirements.
Insulating administrative decision-making relating to individual staff appointments from political meddling: Manana v King Sabata Dalindyebo Municipality
(Juta Law, 2012) Ntliziywana, Phindile
Introduction: The Local Government: Municipal Systems Act 32 of 2000 (hereafter 'the Municipal Systems Act') provides that the municipal manager is responsible for the appointment of staff, other than managers that report directly to the municipal manager (the so-called section 56 managers), in a municipality (s 55(1)(e) of the Municipal Systems Act). This is significant given that the municipal manager is the head of the municipal administration and also the accounting officer for the municipality (s 82(1)(a) of the Local Government: Municipal Structures Act 117 of 1998 (hereafter 'the Municipal Structures Act'), s 55(1) and (2) of the Municipal Systems Act and s 60 of the Local Government: Municipal Finance Management Act 56 of 2003 (hereafter 'the MFMA')). Political interference in the recruitment and appointment processes undermines this framework and has been cited as one of the reasons for the dysfunction at local government (Department of Co-operative Governance State of Local Government Report (2009) 67).
MDB's municipal capacity report: Is local government ready for National Treasury's deadline
(Community Law Centre, University of the Western Cape, 2012) Ntliziywana, Phindile
On 15 June 2007, the National Treasury promulgated the Municipal Regulations on Minimum Competency levels for financial and supply-chain management officials in municipalities. The Regulations prescribe minimum competency levels for these officials and gives a five-year period of grace for them to be met. Although the Regulations came into effect on 1 July 2007, the five-year period only kicked off in earnest on 1 January 2008 and is due to end on 31 December 2012 (see LGB 13(4) pp 16-18) and LGB 14(2) pp 4-5).
Municipalities' readiness to comply with treasury's competency requirements
(Local Government Bulletin, 2012-06) Ntliziywana, Phindile
In just under six months, the competency framework in the National Treasury's Minimum Competency Regulations will take full effect. Therefore, the article seeks to urge the National Treasury to be robust in implementing this framework contained in the Minimum Competency Regulations, as progress with professionalisation cannot be postponed any longer. Moreover, SAMWU and other key stakeholders are urged to use the remaining six months to bring problems encountered to the fore and not to wait until due date to raise the issues.
Party manifestos for the third local government elections, 18 May 2011
(Community Law Centre, University of the Western Cape, 2011) Ntliziywana, Phindile; Bosire, Conrad
With the 2011 local government elections set for 18 May, political parties are preparing their party policies and manifestos in a bid to woo voters. A survey of the party manifestos and statements ahead of the elections reveals five main themes: local economic development; improving access to municipal service delivery; community safety; community participation and involvement; and curbing corruption and strengthening local governance'.
Professional administration : crucial for service delivery
(Community Law Centre, University of the Western Cape, 2011) de Visser, Jaap; Ntliziywana, Phindile
Municipalities cannot deliver on their developmental mandate without suitably qualified and professional staff. However, evidence shows that the lack of good governance of staff matters in many municipalities results in service delivery failure. Local government to professionalise and be professionalised - and there are three aspects of this.
Professionalisation of local government: legal avenues for enforcing compliance with competency requirements
(University of the Western Cape, 2009) Ntliziywana, Phindile; Fessha, Yonatan; NULL; Faculty of Law
This study is a response to the dilemma of poor service delivery or the lack thereof. In this regard, this study posits the professionalisation of local government as part of the solution. The focus is on the administrative arm of local government, which is the major conduit for service delivery. Professionalisation of local government is a broader theme. For the present purposes, focus will be devoted to the competency component which entails attracting qualified personnel competent to discharge local government responsibilities. However, it is not limited to attracting already competent and professional staff. It also entails developing the skills of existing staff. This definition, in essence, relates to qualification through training, learning and specialisation.11 In essence, professionalisation of local government ensures that all employees act and behave in a professional way. In this regard, this study seeks to identify the competency standards set by the legislative framework and then explore the legal avenues for enforcing compliance, by the municipal administration, with such standards. This requires one to look at and answer the following questions: What constitutes municipal staff? ; What is the content of the competency framework in question? ; What are the enforcement mechanisms currently in place? ; Whose role is it to enforce compliance with the competency framework?; Broadly speaking, enforcement can take two forms: hard enforcement and soft enforcement. The hard form of enforcement relates to giving incentives for compliance with the competency framework and dismissal for non-compliance. Softer enforcement, in turn, relates to correction and monitoring.
Professionalising political leadership: Leadership matters
(Community Law Centre, University of the Western Cape, 2010) Ntliziywana, Phindile
Moves are afoot to professionalise the administrative arm of local government. First, the National Treasury has prescribed a competency framework for municipal officials at senior and middle management levels. All senior and middle managers must have acquired the prescribed competencies by 1 January 2013, after which no candidate without the requisite competencies can be appointed. These regulations also make it necessary for current employees to attain these competencies by 31 December 2012.
Regional spatial development framework vs municipal zoning scheme - which trumps the other?
(Local Government Bulletin, 2012-04) Ntliziywana, Phindile
For a considerable time, many municipalities, or their officials, have considered themselves bound by the provisions of the spatial development framework (SDF) or the regional spatial development framework (RSDF) or development strategies in the approval of land development applications. A recent decision of the Gauteng High Court provided a rare opportunity to bring clarity to the legal status of these policies. This article seeks to discuss and analyse this judgement.
SALGA takes issue with draft regulations on senior managers' appointment and conditions of service
(Local Government Bulletin, 2012-06) Ntliziywana, Phindile
The Municipal Systems Amendment Act envisages regulations to provide for the competency requirements, appointment, duties, remuneration, benefits and other terms and conditions of employment of municipal managers and managers directly accountable to them. In May 2012, SALGA, as a key stakeholder, commented on version 18 of the draft regulations to the National Assembly's Portfolio Committee on Co-operative Governance and Traditional Affairs. SALGA's comments centre on four areas of concern, namely, permanent section 56 managers, overregulation, the remuneration framework and the regulation of SALGA.
Should all municipal managers get the boot
(Community Law Centre, University of the Western Cape, 2011) Ntliziywana, Phindile
With the election of new councils on 18 May, many municipal managers are likely to lose their jobs. The same applies to the managers reporting to the municipal managers.
Testing the metal of the Municipal Systems Amendment Act of 2011
(Local Government Bulletin, 2012-06) Ntliziywana, Phindile
The Local Government: Municipal Systems Amendment Act 7 of 2011 sought to put a halt to a phenomenon of staffing municipalities with unqualified people, thereby ensuring that skilled people are appointed. Its provisions were put to the test in a recent judgment of the Western Cape High Court. The court had to review the appointment of a municipal manager against a new section 54A, which provides that the appointment of a senior manager is null and void if the incumbent does not posses the prescribed skills, expertise, competencies or qualifications. This is the first case in which the Act's provisions concerning competency criteria for the appointment of municipal mangers has been tested.
The Transformation of local government service delivery in South Africa: The failures and limits of legislating new public management
(University of the Western Cape, 2017) Ntliziywana, Phindile; Steytler, Nico
Apartheid local government failed to deliver services to the people of South Africa. Instead, it created huge spatial/settlement distortions, economic disparities, skewed urban economic logic, and massive service and infrastructure backlog. This was not the case in apartheid white local government owing to the fact that it was built, partially, on the Weberian model of bureaucracy. With the end of apartheid and the re-incorporation of previously excluded communities into the mainstream of the civil service, there was an urgent need for rapid delivery of services in order to rectify the ravages of apartheid. However, the usefulness of the Weberian model in efficiently delivering services was open to question. Its continued insistence on qualifications and practical experience would have perpetuated the exclusion of the African majority who had been denied participation in the political and economic life. The Weberian bureaucracy, therefore, stood in the way of the new democratic government's intention to transform and deracialise the public service. As a result, the New Public Management (the NPM) was introduced as a policy in both the upper spheres and local government with the aim of ensuring rapid service delivery and deracialising public administration.
The toilet war
(Community Law Centre, University of the Western Cape, 2010) Ntliziywana, Phindile; Ayele, Zemalek
The City of Cape Town built unenclosed toilets in Makhaza, an informal settlement in Ward 95 of Khayelitsha. It did so on the understanding that the community would erect their own enclosures. This led to a public outcry, protests by the ANC Youth League (ANCYL), an investigation by the Human Rights Commission and even a court challenge. The media has dubbed the dispute 'the toilet war'.
The withholding of rates and taxes in five local municipalities
(Community Law Centre, University of the Western Cape, 2010) Powell, Derek; May, Annette; Ntliziywana, Phindile
The Community Law Centre, in partnership with the German Agency for Technical Cooperation (GTZ) and SALGA, recently completed a research project on the phenomenon of rates withholding in five South African municipalities. 'Rates withholding' is the practice by ratepayers of withholding their property rates and, in some cases, fees for municipal services because they believe that municipalities are not delivering. We argue that this practice, though less visible than service delivery protests, is equally destructive.

Browsing by Author "Ntliziywana, Phindile"

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