Text of Www.salga.org.za SALGA Constitutional Amendments 2012 Special National Conference 10-11 September...
www.salga.org.za SALGA Constitutional Amendments 2012 Special National Conference 10-11 September 2012
www.salga.org.za Presentation Outline 1)Introduction and Background Process & Consultation Historical Context of SALGA 2)Overview of Current Constitution, Rationale for Amendments and Key Proposed Areas for Amendment 3)Consideration of Proposed Amendments Part (i): Relationship between SALGA & its members Part (ii): Governance Structures Part (iii): Transitional Arrangements & Rules of Procedure 4)Recommendation
www.salga.org.za 1.Introduction: Process and Historical Context of SALGA (informing Constitutional Amendments)
www.salga.org.za 1. Introduction In order for LG to participate effectively in IGR system, it needs to act as a collective, through an organised LG structure. S163 of the Constitution, recognises OLG as the legitimate voice for LG and affords it representation in key national institutions & structures. This mandate defines SALGA as the voice and sole representative of the sphere of LG, including lobbying and advocacy on behalf of LG in relation to national policies and legislation. SALGA was established in 1996 and was recognised by the Minister as the national organisation representing LG from January 1997. Minister recognised national and provincial associations. SALGA is a voluntary body representing all 9 provincial LG associations. SALGAs official status stems from its recognition by the Minister. 4
www.salga.org.za 1.1 Background (Process) The current Constitution of SALGA regulating its governance affairs was last amended and adopted by the National Conference held in 2007. In order to optimise organised LGs participation in key nat and prov structures, NEC of SALGA established a Political Steering Committee in 2009, which was tasked with considering, inter alia, issues pertaining to OLG requiring review. Thereafter, the 2009 NMA discussed the key issues pertaining to OLG requiring review and resolved that provinces must make inputs on the following recommendations: Affirmation of SALGA as a unitary structure; Organised Local Government Act to reflect that unitary structure; and Idea of full-time leadership at both national and provincial levels for OLG. The NMA also resolved that a study be undertaken on how best to create a pool of experienced cllrs for deployment to assist LG and organised LG. 5
www.salga.org.za Background (Process) The 2010 NMA (in Commission 6) the review of OLG and preliminary proposals in this regard. In particular, it focused on an assessment of SALGAs gov structures, the findings thereof & initial proposals for restructuring OLG, as well as the proposed revenue enhancement model for SALGA. The NMA accordingly resolved to: Note the findings of the assessment of SALGAs governance structures; and Note the proposals on Review of OLG & amendment of the SALGA Constitution for final resolution at the 2011 National Conference. Flowing from the findings and recommendations of the governance assessment and Provincial Conferences, the following is a consolidated position of the proposals for constitutional amendment.
www.salga.org.za Background (Process) NEC Political Steering Committee comprised of Office Bearers and Provincial Chairpersons to oversee the amendments process leading up to the National Conference (originally to be dealt with in 2011). Constitutional amendment proposals (with explanatory document) was circulated to Provinces for the consideration of Prov Conferences. Provincial Positions (as adopted by the Provincial Conference) were submitted to the Political Steering Committee for consideration. Process of consolidating the inputs received culminates in the following proposals which received sufficient consensus for inclusion in this set of Proposals for consideration by Special Conference. Where 1 or 2 provinces were in favour and the rest rejected a proposed amendment, for example, it is not included. NB: This does not mean these proposals necessarily meet the criteria (principles) informing amendments (set out below), but merely means that it met sufficient consensus for inclusion. The thinking may have shifted.
www.salga.org.za 1.2 SALGA Historical Context As far back as 1999, SALGA has demonstrated a political preference for a unitary structure for OLG, i.e. one structure that is governed through a single Constitution. The thinking and deliberation within SALGA has been that for OLG to be representative of LG, it needs to speak with one voice. SALGA National Conference held from 4 to 7 April 2001 resolved, inter alia, to realign the priorities and structures of OLG to reflect the day-to-day challenges of its member municipalities and to develop OLGs capacity to intervene and capacitate its membership. PFMA Background Listing of SALGA as a Schedule 3A public entity NEC role (as accounting authority of the entity) defined by the imperatives of the PFMA corporate governance model 8
www.salga.org.za Kwanaloga Re-integration to SALGA SALGA NEC took decision on 15 February 2008 that SALGA KZN be allowed to function politically in terms of the Kwanaloga constitution until the end of the current term of office of local government. 2011 KZN Provincial Conference held on 2-5 August at Olive Convention Centre in Durban, adopted a resolution to migrate back to SALGA and rescind the Kwanaloga Constitution with immediate effect association is henceforth SALGA KZN. The new PEC was elected in terms of the current SALGA Constitution (1 Chair, 3 Deputy chairpersons and 6 additional members). Provincial Conference resolved that all governance and migration issues (integration of administration, staff, assets etc) be finalised by negotiation and agreement between Salga National and Salga KZN. 9
www.salga.org.za 1997 Organised Local Government Associations were established as per the Organised Local Government Act 52 of 1997 Prior to 2000 SALGA and Provincial Local Government Associations had different respective Constitutions SALGA Membership comprised of only Provincial Local Government Associations 2000 All municipalities who were members of the Provincial Local Government Associations were members of SALGA. The thinking at the time was that if a municipality ceased to be a member of a Provincial Local Government Association, it ceased to be a member of SALGA. 2004 2007 2011 The SALGA constitution was amended to give effect to the unitary org. The following categories of members were included: 1)Municipali ty est. ito Structures Act; 2) Provincial Assocs 3) Associate members Definition of NOB narrowed down to Chair and 2 Deputy Chairs The amendment s pertained to the functioning of SALGAs structures and did not alter provisions regarding membership to SALGA Definition of NOB expanded to include 3 Deputy Chairperson s The proposed amendments pertain to the functioning of SALGAs structures and do not alter provisions regarding membership to SALGA Significant changes on the composition, size & power distribution between various SALGA governing structures Constitutional Trajectory & Evolution of SALGA 10
www.salga.org.za 2. Overview of Current Constitution, Rationale for Amendments & Key Proposed Areas for Amendment
www.salga.org.za 2. Overview of Current Constitution (2007) The Constitution of SALGA assumes that the political leadership (National Conference, National Members Assembly, National Executive Committee and National Office Bearers) is responsible for policy matters and outcomes (including approval of budgets and business plans of the organisation) While the administration (under the leadership of the Chief Executive Office as the head) is responsible for outputs and implementation of inter alia the approved budget and business plan of the organisation. Key areas governed in Constitution, including the composition, status and meeting intervals of all governance structures, is highlighted here. 12
www.salga.org.za Governance Structures of SALGA (i)National National Conference National Members Assembly National Executive Committee (ii)Provincial Provincial Conference Provincial Members Assembly Provincial Executive Committees (iii)Decision-making within SALGA Governance Structures (iv) Provisions applicable in case of Amendment of Constitution 13
www.salga.org.za (i) National Conference Highest decision making authority of SALGA. Must meet within 90 days after general LG election. NC must: Elect members of the NEC; Establish and review SALGAs oversight bodies as required by law; Consider audited financial statements, approve SALGAs programme of action, business plan and budget; and review SALGAs financial performance. All member municipalities have 1 vote. 14
www.salga.org.za National Members Assembly NMA is 2 nd highest decision making authority (after Nat Conference), exercising authority of SALGA between National Conferences. Is called annually, except in year of National Conference. Special NMA must also be called upon request of NEC or majority of members. NMA must: Give effect to decisions of National Conference; Consider audited financial statements; Adopt programme of action, business plan and budget; Review SALGAs financial performance; and Consider reports of working groups and oversight bodies. All member municipalities have 1 vote. 15