Local government and the water and environment functions

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• Local government and the water and environment
  functions
• Portfolio Committee on
• Water and Environmental Affairs
•  
• Orientation Workshop 13 14 July 2009
• Mthobeli Kolisa
• Executive Director Municipal Infrastructure
  Services

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BRIEF

• The SALGA to provide input on
• Institutions responsible for local government
  activities pertinent to the water and
  environmental sectors should be highlighted.
• Their roles, mandate, purpose and composition of
  work in the sectors should be prioritised.

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Mandate

• Organised local government institution recognised
  in terms of the Organised Local Government Act
• Mandate
• Represent LG (Voice)
• Advisor to municipalities
• Employer role
• limited to representing municipalities in
  collective employer processes
• Does not employ on behalf of municipalities
• Profiling LG

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Structure of the presentation

1. Mandate of SALGA and structures
2. Local government and the water sector
3. Local government and the environmental sector
4. Some SALGA initiatives
5. LG and provincial government

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SALGA

• A platform for
• Consolidating and communicating local government
  perspectives
• Sharing experiences and practices among
  municipalities
• For use by national and provincial government
  structures to consult municipalities
• Accountability of municipalities???
• To the association i.e. to each other as members
  of the association

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SALGAs ROLE
SALGA IN THE CONTEXT OF ALL OTHERS
National
Provincial
Other

• Legislatures
• Departments

• Parliament
• NCOP
• Departments

DBSA FFC Donors World Bank Civil
Society UCLGA CLGF Etc...
S A L G A
Municipalities
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(No Transcript)
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SALGA GovernanceStructures
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Section 152 of the Constitution

• Municipal council must strive within its capacity
  to achieve its objectives
• Provide democratic and accountable government for
  local communities
• Ensure the provision of services to communities
  in a sustainable manner
• Promote a safe and healthy environment
• Promote social and economic development
• Encourage the involvement of communities and
  community organisations in matters of local
  government

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Local government and the water sector
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CATEGORIES OF MUNICIPALITIES
Category B/ Local municipality 1
Metro
Category B/ Local municipality 2
Category B/ local municipality 3
Category B/ Local municipality 4
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Assignment of the water services function to
municipalities

• Schedule 4 Part B of the Constitution
• Water and Sanitation
• Municipal Structures Act, Section 84
• A district municipality has the following
  functions and powers
• (b) Potable water supply systems.
• (d) Domestic waste-water and sewage disposal
  systems.
• Adjusted to some local municipalities by the
  Minister in 2001
• 169 municipalities responsible for the water
  services function 6 Metros, 21 District
  municipalities (mostly in rural areas in the
  former homeland areas) and 142 local
  municipalities
• Municipalities that are responsible for the water
  services function are water services authorities
  (WSAs)

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Water service authority

• The governance function
• A water services authority is any municipality
  that has the executive authority to provide water
  services within its area of jurisdiction
• There can only be one water services authority in
  any specific area i.e. water services authority
  area boundaries cannot overlap.

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POWERS AND FUNCTIONS OF MUNICIPALITIES PER
PROVINCE
PROVINCE EC FS GP KZN LP MP NC NW WC
Category A X X X

Category B X X X X X X X X

Category C X X X X


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Responsibilities of a Water service authority

• Primary responsibility for ensuring the provision
  of water services
• Specific responsibilities
• Ensuring access must ensure that appropriate
  investments in water services infrastructure are
  made (subject to available resources)
• Planning prepare water services development
  plans to ensure effective, efficient, affordable,
  economical and sustainable access to water
  services that promote sustainable livelihoods and
  economic development.

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Responsibilities of a Water service authority

• Regulation regulate water services provision
  and water services providers within their areas
  of jurisdiction and within the policy and
  regulatory frameworks set by DWA through the
  enactment of by-laws and the regulation of
  contracts.
• Provision ensure the provision of effective,
  efficient and sustainable water services
  (including water conservation and demand
  management) either by providing water services
  themselves or by selecting, procuring and
  contracting with external water services
  providers.

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Water service provider

• The actual provision of the service function
• A water service provider is
• Any person who has a contract with a water
  services authority or another water services
  provider to sell water to, and/or accept
  wastewater for the purposes of treatment from,
  that authority or provider (bulk water services
  provider) and/or
• Any person who has a contract with a water
  services authority to assume operational
  responsibility for providing water services to
  one or more consumers (end users) within a
  specific geographic area (retail water services
  provider) or
• A water services authority that provides either
  or both of the above services itself.
• The decision process regarding water service
  provider options is made through a process
  outlined in the Municipal Systems Act Section 78

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The water sector value chain
1
raw water from rivers, dams,
boreholes and springs
water resource
management
2
7
bulk water treatment and
bulk water distribution
treatment and return of
water to the river
3
6
reticulation
human excreta and
of water to
wastewater collection
consumers
4
5
consumer
Source Strategic Framework for Water Services
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Overview of the Water
1st Tier National security of supply
Mandated by National Water Act 38 of 1998
DWA
BULK PROVIDERS (Water Boards and bulk wastewater
WSPs)
Mandated by the Water Services Act 108 of 1997
2nd Tier Regional supply to WSAs
Mandated by the Constitution, Water Services Act,
Municipal Systems Act and Municipal Structures
Act
3rd Tier Local service delivery and customer
management
MUNICIPALITIES (WSAS)
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Area of Supply Water Utilities in SA
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The value chain
Some rural municipalities also perform this
water resource
management charge
1
raw water from rivers, dams,
boreholes and springs
water resource
management
2
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Area of concern where LG is forced to act
outside its mandate
bulk water treatment and
bulk water distribution
treatment and return of
water to the river
3
LG Mandate
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reticulation
human excreta and
of water to
wastewater collection
consumers
4
5
consumer
Source Strategic Framework for Water Services
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The value chain
LG has no right to collect related tariffs and
charges!
LG Mandate
Source Strategic Framework for Water Services
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WSA targets set ito the Strategic Framework for
Water Services (original)

• All people in South Africa have access to a
  functioning basic water supply facility by 2008.
• All people in South Africa have access to a
  functioning basic sanitation facility by 2010.
• All bucket toilets are eradicated by 2006.
• 70 of households with access to at least a basic
  sanitation facility know how to practise safe
  sanitation by 2005 (and 100 by 2010).
• Free basic water policy implemented in all water
  services authorities by 2005.
• Free basic sanitation policy implemented in all
  water services authorities by 2010
• By-laws are promulgated in every water services
  authority area by 2005.
• All water services authorities report annually on
  progress against their water services development
  plans by 2005.
• All external water services providers are
  rendering services in terms of a contract with
  the applicable water services authority by 2005.
• All water services providers are rendering
  services in terms of a business plan by 2005.
• All water services authorities have adopted a set
  of key performance indicators that include those
  set out in Annexure 2 of the SFWS by 2005

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Local government and the environmental sector
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Municipal functions and environment

• Environment - Functional area of concurrent
  national and provincial legislative competence
• Most municipal functions have an impact on or are
  impacted on by the environment they are
  environmental functions in a broad sense
• However there are functions that are much more
  environmental in their nature
• Municipal functions can contribute to climate
  change response (mitigation and adaptation to
  climate change)

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Mitigation and adaptation to climate change

• Mitigation an activity to reduce the sources or
  enhance the sinks of green house gases
• Adaptation adjustments in natural or human
  systems in response to actual or expected
  climatic stimuli or their effects, which
  moderates harm or exploits beneficial
  opportunities
• Given the nature of their functions, SA
  municipalities appear to be strategically
  positioned to take primary responsibility for the
  countrys adaptation response but this needs to
  appropriately understood and resourced

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Schedule 4 Part B of the Constitution

• Air pollution
• Building regulations
• Electricity and gas reticulation
• Local tourism
• Municipal planning
• Municipal health services
• Municipal public transport
• Municipal public works only in respect of the
  needs of municipalities in the discharge of their
  responsibilities
• Pontoons, ferries, jetties, piers and harbours,
  excluding the regulation of international and
  national shipping
• Stormwater management systems in built areas
• Trading regulations
• Water and sanitation services limited to potable
  water supply systems and domestic waste-water and
  sewage disposal

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Schedule 5 Part B of the Constitution

1. Beaches and amusement facilities
2. Billboards and the display of advertisements in
   public places
3. Cemeteries, funeral parlours and crematoria
4. Cleansing
5. Control of public nuisances
6. Control of undertakings that sell liquor to the
   public
7. Facilities for the accommodation and burial of
   animals
8. Fencing and fences
9. Licensing of dogs
10. Licensing and control of undertakings that sell
    food to the public
11. Local amenities
12. Local sport facilities
13. Markets
14. Municipal abattoirs
15. Municipal parks and recreation
16. Municipal roads
17. Noise pollution
18. Pounds
19. Public places

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SALGA Support Initiatives

• Benchmarking of WSA to improve performance
  (project has been running for three years)
• On-going Cllr training on water sector matters
• Water Pricing and Tariff
• Enhancement of Local Regulation
• Strategy on free basic sanitation
• Policy proposal on sanitation for SA
• Drinking Water Quality
• Integrated Water Resources Management
• Sanitation expose politicians on municipal
  challenges etc

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LG and provinces

• Provinces do not have water services
• competency
• Environment is a concurrent function of national
  and provincial governments
• Provinces are obliged by the law to support
  municipalities
• Province may effect section 139 of the
  constitution cases where the municipality is
  failing to executive its functions
• Does not seem any of them have set themselves up
  to support or intervene ito Section 139
  generally adhoc

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• THANK YOU