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. Evaluation of the existing regulatory framework 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. Evaluate the existing institutional arrangements 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. Evaluate the management systems, processes and skills 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 Statssa, DoL, DHA, DTI, DST, DBE, DPSA, DED and others, a specialist information forum needs to be established. The delivery forum ...
Evaluation of the legislative environment. The legislative framework is sufficient to support the initiatives referred to above. Evaluation of the existing regulatory framework Consider issuing or amending regulations as the case may be to give effect to minimum competencies for financial management. Evaluate the existing institutional arrangements 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) Evaluate the management systems, processes and skills 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. Funding framework 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. Evaluation of the existing regulatory framework 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. Evaluate the existing institutional arrangements 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. Evaluate the management systems, processes and skills 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. Evaluate the existing institutional arrangements 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 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. Evaluation of the existing regulatory framework 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 ...
Evaluation of the legislative environment. The second National Water Resources Strategy (NWRS) is being developed and will be published: • Reviewing the National Water Act and Water Services Act; and • Development of Integrated Water Resource Plan.
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. Whilst the reticulation of electricity is the function of municipalities in terms of the Constitution, the prevailing moratorium on the issue of distribution licenses means that unlicensed municipalities are compelled to rely on Eskom. There is a need to enforce the requirements for Eskom to sign a Service Delivery Agreement with municipalities in the absence of the licenses. The reallocation and delegation of powers as well as required institutional arrangements will be finalised once the restructuring process has been completed. Any changes to the legislation will be determined in collaboration with the relevant national Department and agencies that have regulatory interests and oversight responsibilities for the service. Evaluation of the existing regulatory framework There is a need to enforce better coordination mechanisms (e.g. Service Delivery Agreements and Service Level Agreements) to improve integrated planning and implementation between District, Local Municipalities and Water Boards. Water Service Providers should be financially supported and empowered to provide access to water for communities within their areas. Each sector is responsible for determining and enforcing regulations in relation to their area of infrastructure delivery and need to extend the regulatory role to a more hands‐on support role. The national Departments of Human Settlements and Water Affairs for example are responsible for developing and monitoring compliance with regard to provision of sanitation services, but are not structured adequately at present to provide sufficient levels of support.
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. Evaluation of the existing regulatory framework A further requirement going forward is allowing grants to be utilised for all the municipal service needs, i.e.:
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.
