By Thapelo Molefe
The Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) has made progress in enhancing oversight and accountability in intergovernmental relations.
This after agreeing on a draft framework for the Intergovernmental Monitoring, Support, and Interventions (IMSI) Bill of 2023.
The committee met on Tuesday to deliberate on the bill which was officially introduced in Parliament on 15 April.
The IMSI will ensure that national and provincial governments provide coordinated and effective support to municipalities in need.
The bill also recognises the importance of catalytic projects under the District Development Model (DDM), particularly in traditional areas.
It also aims to tackle ongoing problems with government interventions under Sections 100 and 139 of the Constitution.
These sections allow national or provincial governments to intervene when a province or municipality fails to carry out its executive duties, enabling the minister or national government to step in, restore stability, and ensure service delivery in dysfunctional municipalities.
The committee heard that poor oversight, inconsistent interpretation of the rules, and uncooperative councils have weakened these interventions.
The bill seeks to fix these issues.
According to the committee, there have been 24 provincial and 217 municipal interventions—each facing problems like unclear legal interpretations, weak oversight, and resistance from municipal councils.
Since the implementation of these constitutional mechanisms, South Africa has seen numerous cases where intervention was necessary.
Section 139(7) interventions have played a key role in addressing governance and financial challenges in the Lekwa, Mangaung, and Enoch Mgijima municipalities.
Lekwa, in Mpumalanga, was the first to undergo a joint intervention under Section 139(7) of the Constitution and Section 150(1)(b) of the MFMA, setting a precedent for national oversight.
In Mangaung, the national government stepped in after the metro failed to implement a Financial Recovery Plan enforced by the Free State Provincial Government. In the Eastern Cape, Enoch Mgijima was placed under Section 139(7) following local resistance to earlier provincial interventions.
Structured across seven chapters, the bill introduces measures such as early warning systems to pre-empt governance failures, clearer definitions including that of “executive obligation” and detailed procedures for appointing administrators.
The committee, however, emphasised that transparency in these appointments is vital, calling for rigorous verification of qualifications and a reduction in political interference in municipal administration.
“The committee also flagged political interference in municipal administration and said the Bill should address these blurred lines between the political and administrative interface,” said COGTA chairperson, Zweli Mkhize, on Wednesday.
The draft framework, adopted by the committee, sets in motion the legislative processing of the bill.
Public submissions will be invited from 20 May and will close on 4 July.
A report summarising these submissions is expected by 18 July, with public hearings to follow.
Mkhize underscored the importance of public participation in shaping the legislation.
“Strengthening intergovernmental cooperation is essential to ensuring municipalities serve communities effectively,” he noted.
He urged stakeholders across the public and local government spheres to actively engage in the process.
The framework will be further refined at the committee’s next meeting where firm timelines for public engagements will be finalised.
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