LL.D. / Please refer to full text to view abstract

This research investigated the application of section 139 of the Constitution of Republic of Republic of South Africa, 1996. Koukamma, Sundays River Valley and Mnquma Local Municipalities are the case studies for this research as provincial interventions to these municipalities will be analysed. The study was conducted within the legal and legislative framework of local government which clearly defines how municipalities should be governed. Furthermore, it explains the procedural and substantive requirements for intervention should a municipality fail to deliver on its constitutional mandate as stipulated in Section 152 of the Constitution. A descriptive approach was used in the study, with data collection coming from primary and secondary sources such as textbooks, minutes of meetings of the Eastern Cape Department of Local Government and Traditional Affairs, National Council of Provinces and reports by administrators appointed by Member of the Executive Council (MEC) responsible for local government in the respective province. Several recommendations were provided in the final chapter. Should these be implemented properly, it could result in effective local government, and thereby reduce or eliminate the need for the application of section 139 of the Constitution.

After 1994, the democratic South Africa passed a number of legislations in order to address the imbalances of the previous apartheid regime. The new South African government had a special mandate to provide appropriate services to all the citizens of the country. In 1995 the government formulated the White Paper on the Transformation of the Public Service. The aim was to transform the South African public service, which is the indication of the importance of service delivery, as the key machinery of the government to equalize service delivery to all citizens. In 1996 the Constitution of the Republic of South Africa anchored the Bill of Rights as the cornerstone of democracy that enshrines the rights of all people and affirms the democratic values of human dignity, equality and freedom. In chapter ten of the Constitution stipulates the basic values and principles governing public administration. The White Paper on Transformation of Public Service was followed by White Paper on Transforming Service Delivery in 1997 (Batho Pele White Paper) which provided a policy framework and practical implementation strategy for the more efficient , effective and equitable provision of public service. The Batho Pele White Paper signalled the adoption of a citizen oriented approach on service delivery informed by eight principles: consultation, service standard, access, courtesy, information, openness and transparency, redress and value for money. This study focuses on the investigation on the implementation of Batho Pele Principles in the Department of Labour: Port Elizabeth. The main objectives of the study are: To provide an overview of the Batho-Pele principles in relation to service delivery. To investigate the importance of implementing the Batho-Pele principles in the department of Labour, Port Elizabeth. To identify challenges affecting the implementation of the Batho-Pele principles in the Department of Labour, Port Elizabeth. To investigate the importance of implementing the Batho Pele principles in the Department of Labour: Port Elizabeth and to identify challenges affecting the implementation. In this study a sample of three units was selected to conduct research in the Department of Labour, Port Elizabeth. The units were frontline Services, Beneficiary Services and Enforcement Inspection Services. The reason for choosing these sections is because they are directly involved in serving clients. A sample of 20 officials was drawn from these units. A quantitative method of data collection and analysis was followed. The main findings of the study were firstly, that the Department of Labour officials are aware of the Batho Pele principles. Based on the findings, they are not sure of the compliance of the policies. This means that the implementation of the Batho Pele principles has gaps that need to be addressed. Officials indicate that they need attention because they are the tools of operation. They register a low morale that needs to be addressed by the Department. The dissemination of information needs to be improved and communication with the clients of the Department should be done oin all languages so that clients can clearly understand the services offered by the Department of Labour.

This treatise investigates the implementation challenges of performance monitoring and evaluation in the O R Tambo District Municipality. The treatise comprises five chapters. The study is based on the assumption that O R Tambo District Municipality, like any other municipality in South Africa, particularly in the Eastern Cape, is confronted with the implementation challenges of performance monitoring and evaluation. ORTDM has a performance-management system that is not fully implemented, and needs to put into context its challenges, in order to appropriately make those interventions relevant to the situation. The fact that the performance- management system has not yet been cascaded to the lower level employees creates difficulties in performance monitoring and evaluation. There has been a deep concern that municipalities are underperforming, and yet with no visible steps being taken to improve the situation. If the O R Tambo District Municipality is attempting to achieve the objectives of the local government, as stated in the Constitution of the Republic of South Africa, 1996, it is then necessary to properly implement performance monitoring and evaluation, as mechanisms to accelerate service delivery. This has the potential to improve the quality of life of the citizens of O R Tambo District Municipality. This study provides the general background to the implementation challenges of performance monitoring and evaluation in the O R Tambo District Municipality. The challenges of performance monitoring and evaluation, the determinants of performance monitoring and evaluation, as well as the theories used in performance monitoring and evaluation will be addressed. The study presents the findings resulting from the analysis of the data provided by the respondents. Amongst the findings of the study there is a view that the O R Tambo District Municipality does not have monitoring and evaluation specialists who could ensure that performance is being periodically evaluated, in order to close policy gaps that might be in existence. Non-involvement or partial involvement of communities has the potential to cause stagnation, as people generally lack monitoring skills. Some of the recommendations include: the skills development of all the stakeholders, especially those with the mandate to deliver on behalf of government, that is, political office bearers, together with the technical support wing. Performance monitoring and evaluation under the proposed recommendations could be enhanced and positive changes could be realised.

Sound IT governance is becoming increasingly important for any public or private organisation. However, based on previous research, it can be argued that local municipalities in South Africa are seemingly struggling to implement sound IT governance practices. As a result, very few municipalities perform strategic IT planning and as many as 80percent of municipalities do not have a Master System Plan (MSP) in place, which is required by law. IT governance and corporate governance are lately viewed as one and no longer as two separate governance disciplines, because computer systems and electronic communication are more important now than ever for the survival of any organisation. Therefore, it is important for municipalities to streamline their efforts towards sound IT governance. There are limitations which are faced by municipalities that limit these efforts. Possibly the biggest contributing factor towards this current municipal IT governance predicament, among others, is the fact that there are very few, if any, guidelines and resources available to municipalities to aid them in implementing proper IT infrastructures, systems and governance procedures. To improve the current state of IT governance in municipalities, better guidelines and procedures are required. This dissertation presents an IT governance framework to meet this aforementioned requirement. It is tailored to the requirements of local municipalities and is based on the international best practice, the Control Objectives for Information and related Technologies (COBIT) and the ISO/IEC 17799 code of practice for information security management. This proposed framework takes into account the Municipal Systems Act (nr 32 of 2000), Municipal Structures Act (nr 117 of 1998) and annual municipal IT audit reports’ requirements. Research was conducted at a district and its underlying, local municipalities to determine the proper IT governance criteria for municipalities. Case studies were performed at the municipalities and consisted of performing literature studies on the available municipal legislation and annual, municipal IT audit reports, conducting COBIT gap analyses, an ISO 17799 analysis, conducting interviews and developing questionnaires and data capturing and presentation tools. The resultant, proposed IT governance framework, titled the IT strategic objective plan (IT-SOP), when implemented by a municipality, should provide a solid governance foundation on which to base its business processes on.

This treatise investigates the implementation challenges of performance monitoring and evaluation in the O R Tambo District Municipality. The treatise comprises five chapters. The study is based on the assumption that O R Tambo District Municipality, like any other municipality in South Africa, particularly in the Eastern Cape, is confronted with the implementation challenges of performance monitoring and evaluation. ORTDM has a performance-management system that is not fully implemented, and needs to put into context its challenges, in order to appropriately make those interventions relevant to the situation. The fact that the performance- management system has not yet been cascaded to the lower level employees creates difficulties in performance monitoring and evaluation. There has been a deep concern that municipalities are underperforming, and yet with no visible steps being taken to improve the situation. If the O R Tambo District Municipality is attempting to achieve the objectives of the local government, as stated in the Constitution of the Republic of South Africa, 1996, it is then necessary to properly implement performance monitoring and evaluation, as mechanisms to accelerate service delivery. This has the potential to improve the quality of life of the citizens of O R Tambo District Municipality. This study provides the general background to the implementation challenges of performance monitoring and evaluation in the O R Tambo District Municipality. The challenges of performance monitoring and evaluation, the determinants of performance monitoring and evaluation, as well as the theories used in performance monitoring and evaluation will be addressed. The study presents the findings resulting from the analysis of the data provided by the respondents. Amongst the findings of the study there is a view that the O R Tambo District Municipality does not have monitoring and evaluation specialists who could ensure that performance is being periodically evaluated, in order to close policy gaps that might be in existence. Non-involvement or partial involvement of communities has the potential to cause stagnation, as people generally lack monitoring skills. Some of the ecommendations include: the skills development of all the stakeholders, especially those with the mandate to deliver on behalf of government, that is, political office bearers, together with the technical support wing. Performance monitoring and evaluation under the proposed recommendations could be enhanced and positive changes could be realised.

In his 2006 State of the Nation Address, President Thabo Mbeki emphasised the need for the development of managerial competencies and other skills to empower the country’s municipalities to meet the needs of the community (Governance and Administration, 2005). In order to meet the needs of the local community, municipalities need to render effective and efficient services. The lack of relevant managerial competencies adversly influences the municipality’s capacity to deliver the required services. In addition, the uneven distribution of capabilities and capacity across different sections within a municipality also poses a great risk to municipal performance and equitable service provision over the medium term. Notwithstanding progress made to date, service delivery backlogs still exist in key areas that affect the daily lives of the community. Where these backlogs coincide with poor municipal capacity, the result is service failure and a government that is incapable of meeting its goals (Governance and Administration, 2005). The objective of the study is to assess the contemporary management competencies that are required to assist municipal management in addressing the challenges of a dynamic, uncertain and complex Local Government environment. A questionnaire was used to gather the perceptions of 26 senior managers. This sample constituted a response rate of 65 per cent of people employed by municipalities within the Eden District Municipality’s service area. The questionnaires were distributed to the senior managers by means of an identified contact person within each municipality. The empirical findings such as the mean, median, standard deviation and pvalues were calculated by means of MS Excel. The main findings of this research indicated that: • Presently the most developed managerial competencies were selfmanagement, strategic action, planning and administration and communication. • The least developed current competency was global awareness. • The managerial competencies regarded as the most important for the next ten years were planning, administration and strategic action. • Global awareness was regarded as the least important competency for the next ten years. This finding points to the need for developing the global awareness competency to ensure that Municipal Managers are more sensitive to cultural cues and are able to adapt quickly in novel situations.

M.A. / The interest in this mini-dissertation is on enhancing accountability in the local government system of the Republic of South Africa. Specifically, the focus is on the assessment of the enforcing mechanisms among councillors and senior officials in municipalities. Local government refers to that sphere of government closest to its constituents and involved in the provision of a wide range of services that affect the lives of its inhabitants residing in its area of jurisdiction (Zybrands, 1998:193). Section 151 (1) of the Constitution of the Republic of South Africa Act 108 of 1996 (the Constitution) provides that the local sphere of government consists of municipalities, which must be established for the whole territory of the Republic. In section 3 of the Local Government: Municipal Systems Bill, 1999 it is stated that the municipalities constitute the local sphere of government despite their separate legal personality. The rising public expectations and the growing demand for the provision of social services by municipalities demands acceptable working standards by councillors and municipal officials in the municipalities. The municipalities are directly in touch with the public and perform a variety of functions that affect the lives of the citizens. The councillors and municipal administrators have substantial authority and power that have to be exercised in line with democratic principles that include accountability. Section 152 (1) (a) of the Constitution states that local government should provide a democratic and accountable government for local communities. The councillors and municipal officials are subject to accountability and they are required to demonstrate a sense of responsibility when carrying out their functions and account. for their decisions and activities in public (Gildenhuys, 1997:17). However, the Constitution does not specifically state the mechanisms and how councillors are accountable to their citizens and what citizens can do to exact accountability from them (Craythorne, 1997: 198). Inadequate mechanisms to ensure accountability constrain the achievement of the local government objects. The lack of accountability among councillors and officials is a major factor that contributes to the financial and administrative crisis in most municipalities. The Researcher observed growing concerns on the issues of accountability among councillors and municipal officials. Hence an exploratory study on the issue based on qualitative research methodology was undertaken. The method of work comprised a literaturereview, unstructured interviews conducted with senior municipal officials and field visits to municipalities. The accountability systems examined include the legal, political, bureaucratic and professional accountability systems. The major mechanisms designed to enhance accountability in municipalities that are analysed include bodies such as the office of the Auditor-General, the Public Protector and the courts; elections; structures such as the municipal council and its committees; the code of conduct; leadership; training and development; performance appraisals and the reward systems among others. The assessment of the mechanisms highlights the major challenges in the enforcement of accountability in municipalities, which include the lack of adjudicative powers among the bodies; financial and human resource constraints; the apathetic community; non-compliance with the code of conduct; the lack of exemplary behaviour and adequate skills among the councillors and officials and uncoordinated local government training and development programs among others. The major conclusion drawn from the research study is that a multi-dimensional approach is required to ensure effective accountability systems in municipalities. The recommendations include the enforcement of the legal instruments, codes of conduct and regulations; the impartial prosecution of violators; implementing effective policies on training and personnel management; educating citizens and encouraging associations and all stakeholders to play a catalytic role in enforcing accountability in municipalities. It is important that municipalities apply effective mechanisms for the promotion of accountable behaviour, as the lack of it undermines the democratic principles and efficient and effective operations in municipalities.

Please read the abstract in the section 00front of this document / Thesis (PhD)--University of Pretoria, 2007. / School of Public Management and Administration (SPMA) / unrestricted

This study explores how the existence of traditional leadership alongside democratic governance within the local sphere of government affects traditional communities. It focuses on the relationships between traditional leadership and other key governance institutions at the local sphere; that is local government, administration of justice; community safety and land administration and how these relationships are translated in traditional communities. The key elements focused on include the roles of the different institutions, the role and position of the traditional community in governance, the need for institutions of governance to uphold their Constitutional mandates including the principles of democracy enshrined in the Bill of Rights within the Constitution. Through the use of the case study method of research, focusing on the Mamaila (Kolobetona) Traditional Community and the Lemondokop Village in particular, the study affirms the position held by some scholars that there is dual governance within the local sphere of government where the institution of traditional leadership exists. Furthermore, this study reveals that the relationships between traditional leadership and the other institutions of governance vary depending on the mandate of such institutions within the traditional community. The question is how such varied relationships affect the traditional community. To answer the above question I separated my findings into two chapters, focusing on perceptions and experiences of community leadership and community members respectively. This study shows that while dual governance is entrenched within the traditional community, and the key actors have found a way of accommodating each other and balancing their roles, the traditional community is at the mercy of traditional leadership because of the authority over communal land. The traditional community is not well conversant with the rights they have over the land and hence their development needs are driven by an elite who is more concerned about entrenching his authority than promoting community development.