Evaluation of the legislative environment. The legislative framework is sufficient to support the initiatives referred to above. Consider issuing or amending regulations as the case may be to give effect to minimum competencies for financial management. Establish or refine as the case may be appropriate coordinating mechanisms and capabilities (e.g. Public Sector Audit Committee and Risk Forum, CFO and PAG Forum, MFMA Co-Ordination Forum) National and Provincial Treasuries: Capacity to be determined through an assessment of institutional skills and structures. Government institutions: Capacity to be determined through an assessment of the financial management competencies of staff, as well as an analysis of the FMCMM results and audit outcomes. Implementation of the activities will require additional funding, which will be explored through the NRF and donor support.
Evaluation of the legislative environment. The Constitution of South Africa and the Public Service Act create a sufficient legislative environment that requires the public service to be efficient and effective. Within this environment more detailed norms and standards could be set. The White Paper on Transformation of Public Service Delivery and the Public Service Regulations instructs departmental heads to develop a service delivery improvement plan for the department aimed at continuous improvement of services. The regulatory framework however does not go any further by setting norms and standards within which this process should take place. This created a void as most departments did not comply with the regulatory framework. Where there was compliance departments did their own thing resulting in the fact that the various departments could not share content or best practices. A regulatory framework thus needs to be put in place through a directive or regulations to give some structure in the development process. The Minister for Public service and Administration is linked to an effective and efficient public service through his performance agreement with the President. However the powers to organise a department and to ensure that it is efficient and effective lies with each department’s executive authority. The MPSA thus has limited powers directly over the efficient and effective running of a department except his own but he can set norms and standards within which parameters other executing authorities must operate. These norms and standards then set the minimum requirements to which a department must adhere. Furthermore the MPSA can monitor compliance and share best practice amongst departments. The skills on how to develop business processes, mapping thereof, the management, the development of standard operating procedures, the setting of service standards, the development of service charters and the development of service delivery improvement plans are not in place in all departments. The efforts to develop a framework will have to go hand in hand with the creation of capacity and hands on assistance.
Evaluation of the legislative environment. It will be necessary to revisit the National Qualifications Framework that includes a Manifesto on Values, Education and Democracy that provides for citizenship education in the school curriculum. Civic education is supposed to be part of the school curriculum, though it is not clear to what extent. What is the state of civic education in the schools? Does the constitution form part of any dedicated curriculum at school level? Are there dedicated resources for such programmes?
Evaluation of the legislative environment. The Higher Education and Training Act, The Further Education and Training Act, The Adult Basic Education and Training Act, The Skills Development Act, the National Qualifications Act, the General and Further Education and Training Act, the National Student Financial Aid Scheme Act and the National Education Policy Act all point to the need for information to some extent. The Education Information Policy (inherited from the Department of Education) will have to be amended to include the Higher Education Act, the Skills Development Act, the NQF and the General and Further Education and Training Act as part of the policy and to exclude the South African Schools Act. The amended policy will also look at interfacing, integrating and coordinating the supply, use and management of information so as to assist in the planning of skills supply and determining the demand for skills. Where there are gaps in the legislation regarding information provision this will be attended to. Once the policy and legislative need has been identified, the need for regulation of the collection, use, interfacing, integrating, norms, standards, administration and management of information collection, storage and usage would be required. Standardised frameworks for the provision of information on skills supply, shortages and vacancies in the country will be developed. Other than the Heads of Education Committee sub-committee on Information (dealing with Further Education and Training and Adult Basic Education and Training Information), there is currently no institutional arrangement for information collaboration and the interfacing of data systems, both within the Department of Education and its entities and institutions, as well as with other government entities. There is also a need to ensure that all institutions and entities reporting to the DHET are brought together into a permanent forum to coordinate and improve on information systems and to co-ordinate interdepartmental collaboration in the management of information. The management systems and processes are currently in place to achieve the output as it relates to the institutions and entities of the DHET. However, in regards to the collaboration with Xxxxxxx, DoL, DHA, DTI, DST, DBE, DPSA, DED and others, a specialist information forum needs to be established. The delivery forum will become the permanent implementation forum. There is also a need for high level technical IT skills to achieve sub-outputs 2 and 3, which the State...
Evaluation of the legislative environment. The Municipal Systems Act (MSA) and its regulations provide the detailed planning prescriptions for municipalities. An urgent assessment will need to be undertaken to determine if an amendment of the MSA is required to allow for simplified IDPs, or whether this intervention can be undertaken through a regulatory provision and Gazetted. Whilst the IGFR Act lay outs the formal consultative structures required at each sphere of government and provides a way for all three spheres to work together to interpret national priorities, it does not stipulate how intergovernmental planning specifically is to be managed. This is one of the reasons why the IGRF Act may need to be revised, or absorbed into a broader Act on Cooperative Governance, that provides the scope for a more regulatory environment for planning. Such a revision would support the regulated involvement of national and provincial sector departments in the implementation of the IDP. Intergovernmental planning also has to take into account that government currently works in different budgeting cycles. The financial year for national and provincial governments is from 1 April to 31 March. Local government’s financial year starts on 1 July and ends on 30 June. However a revision to this cycle is proposed, with alignment of the financial years under technical consideration by National Treasury. This revision would encourage improved alignment of planning and budgets across government. The Municipal Finance Management Act (MFMA) 2003 (Act No. 56 of 2003) promotes the objective of good financial management in order to maximise service delivery through the efficient use of limited resources. Regulations arising from the MFMA govern the compliance and reporting obligations of municipalities. An assessment is to be undertaken to determine how revisions based on differentiation, may be made to reduce reporting requirements on the smaller and less capacitated municipalities. This is part of the work of the coordination of support for local government, to be managed through the Single Window of Coordination. As outlined above, the provisions of the MSA direct the planning framework for government. In addition to a possible review of the MSA, regulations in terms of section 120 may be issued by the Minister to allow for the drafting of simplified IDPs that will focus on the planning for the delivery of 10 critical municipal services. This may also be done in alignment with the Municipal Turn‐Around Strategy. Going f...
Evaluation of the legislative environment. Employment under the EPWP is governed by the Ministerial Determination for Special Public Works Programmes gazetted by the Minister of Labour in 2002. Proposed amendments to this legislation have been agreed with by stakeholders at the Employment Conditions Commission and are awaiting promulgation by the Minister of Labour. Key amendments to this legislation focus on the: • Introducing of a minimum wage, and • Removing the two year limitation on the duration of a work opportunity under EPWP.
Evaluation of the legislative environment. If the work of QCTO and the proposed research find that a streamlined route to artisan status would be efficient and effective then the Skills Development Act, Skills Development Levies Act and FET Act will need to be reviewed.
Evaluation of the legislative environment. In light of the above it is proposed that the policy framework granting metros and large towns greater responsibility for built environment functions be strengthened. As part of this overall mandate, appropriate powers and functions need to be assigned, and close and cooperative relations developed between provincial departments responsible for human settlements, and the metros and large towns. The finalisation of legislation relating to land use planning and management is also critical. In addition to a new functional approach that allows for metros and the top 21 cities and towns to manage the built environment functions, supporting policy, legislative and institutional arrangements will be required for land‐use management and spatial planning that supports densification. Going forward, partnerships will be needed with many of the entities involved in land, housing and human settlement planning as well as the sector departments concerned. For example, the National Urban Reconstruction and Housing Agency (NURCHA) provide guarantees for the housing development sector to ensure access to capital, and provision of quality low‐cost housing. The Housing Development Agency authorizes land purchase, and Rural Development and Land Reform have access to land audits, prepare spatial development frameworks and identify available land for development. Other stakeholders to be consulted should include the South African Cities Network, Urban Development think‐tanks and the state‐owned enterprises (SoEs), some of whom own considerable amounts of well‐placed land in urban areas. The National Home Builders Registration Council (NHBRC) manages a warranty scheme that sets norms and standards for the construction of low‐income housing. All low‐income houses built need to comply with the warranty as a part of the housing construction process. The Construction Industry Development Board (CIDB) can assist with facilitating access to emerging contractors for the house‐building processes associated with densification. Institutional arrangements that will provide a platform for this output need therefore to encompass the engagement of key stakeholders from the private sector and from civil society. A technical team consisting of DCoG, Human Settlements, National Treasury and the Presidency should be established to develop and implement a policy framework and guidelines for increased densities in metros and large towns as well as coordinate the urgent finalization of spatial and la...
Evaluation of the legislative environment. The 2007 National Framework for Air Quality Management in South Africa was updated and amended. Focus will continue to be on raising awareness regarding air quality in densely populated peri-urban settlements i.e. cleaner fires campaign.
Evaluation of the legislative environment. The Division of Revenue Act (XXXX) impacts on the provision of Bulk Infrastructure. Currently, there is no national policy position that permits borrowing from private capital markets based on public sector pledged funds. This means a substantial amount of technical work needs to be done to investigate the desirability of leveraging national transfers on the basis of this work a policy framework would need to be developed and presented to Cabinet for approval. A further requirement going forward is allowing grants to be utilised for all the municipal service needs, i.e.:
