Parliament calls for urgent reform of municipal intervention frameworks

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Dr Zweli Mkhize, chairperson of the Portfolio Committee on Cooperative Governance and Traditional Affairs. PHOTO: Supplied

By Johnathan Paoli

The Portfolio Committee on Cooperative Governance and Traditional Affairs (CoGTA) has raised alarm over the continued failure of municipal interventions to yield sustainable improvements, calling for stronger early warning systems and better coordination between government spheres.

Committee chair, Dr Zweli Mkhize, highlighted the importance of cooperative governance, stressing its success as dependent not only on laws but also on the political will and commitment of all stakeholders to collaborate and cooperate.

“We should focus on the objective. We are supposed to ensure service delivery, and we are supposed to make sure that people are accountable, that there’s consequence management, and that each one of us continues to participate and do what their powers and responsibilities are,” Mkhize said.

In a meeting held on Tuesday, the committee received a detailed briefing from the department and the South African Local Government Association (SALGA) to clarify the distinction between Section 139 and Section 154 interventions under the Constitution.

Section 139 allows provincial governments to intervene when a municipality fails to fulfil executive obligations, while Section 154 mandates national and provincial governments to support municipalities proactively by strengthening their capacity.

The briefing follows the introduction of the Intergovernmental Monitoring, Support and Interventions (IMSI) Bill, which aims to tighten legislative provisions around municipal interventions and address recurring weaknesses in governance, accountability, and oversight.

The Bill is expected to clarify responsibilities and improve the effectiveness of support provided to struggling municipalities.

Despite acknowledging the good intentions behind existing intervention mechanisms, committee members voiced frustration at their limited impact.

“We are deeply concerned that some municipalities have been under administration for more than a decade with no meaningful turnaround. This raises serious questions about the efficiency and sustainability of these interventions,” Mkhize said.

Members of the committee criticised the inconsistent application of interventions and the failure to act on early warning indicators.

They noted that provisions such as Section 71 and 72 reports under the Municipal Finance Management Act, which track municipal financial performance, are often underutilised.

This has led to a pattern of reactive rather than preventative governance, with the committee expressing concern over the politicisation of interventions and the lack of a standardised framework for monitoring municipal performance.

Poor coordination between national, provincial, and local spheres of government, coupled with a lack of consequence management, were highlighted as key drivers of prolonged municipal distress.

The IMSI Bill is being positioned as a critical tool to address these gaps by introducing a more unified, enforceable, and consistent approach across provinces.

Mkhize called on all stakeholders, government departments, municipalities, SALGA, and civil society, to prioritise collaboration and service delivery over jurisdictional disputes.

He further cautioned against municipalities resorting to litigation to block legitimate interventions, emphasising that the core mission must remain the delivery of basic services to the people.

The committee reaffirmed its commitment to finalising the IMSI Bill and ensuring its provisions are rooted in both legal clarity and practical enforcement mechanisms.

It is hoped that this legislation will signal a new chapter for local governance, where early intervention, accountability, and collaboration become the hallmarks of a responsive and capable developmental state.

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