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The Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) this week concluded the public submissions process on the Intergovernmental Monitoring, Support and Interventions (IMSI) Bill.
 
The IMSI Bill aims to tighten laws on national and provincial government support and interventions in municipalities. It seeks to remedy the challenges often experienced during interventions, and provides clear rules for monitoring performance, defines what “executive obligations” are, and sets out the support or corrective steps that must occur before and during an intervention. The Bill also introduces systems to identify early warning indicators so that problems can be addressed before they become crises.
 
The Constitution already allows national and provincial governments to intervene when a province or municipality fails to deliver municipal services such as water and electricity. However, procedures for doing this have often been unclear, leading to disagreements about when, how and why interventions should occur.
 
The committee on Tuesday heard oral submissions from stakeholders, including the South African Local Government Association, Kwenzokuhle Community Organisation, the Commission for Gender Equality, Afriforum, the Public Affairs Research Institute and political parties such as the Economic Freedom Fighters. It noted that the wide range of views received will help strengthen the legislation and improve its effectiveness.
 
The Chairperson of the committee, Dr Zweli Mkhize, said the committee was not yet at a stage where it could indicate whether it agreed with, supported or rejected any of the submissions. Instead, the purpose of the engagement was to gather views from various stakeholders and use them to refine the Bill. This will enable the committee to help close possible gaps, clear up confusion and ensure that the legislation is as clear and robust as possible.
 
The committee noted that the various stakeholders had approached the Bill from very different angles. Some argued that the Bill is necessary and timely, while others questioned whether it adds anything new to what is already provided for in law. The committee found these opposing perspectives valuable because they would help it weigh the full spectrum of views and, as far as possible, address concerns.
 
Among the key issues raised during the submissions was the question of resources. Some stakeholders asked whether sufficient resources would be available to support the interventions envisaged in the Bill and whether the legislative framework would be matched by practical capacity on the ground. The committee said this would need careful consideration to ensure that any measures in the Bill can be implemented effectively.
 
Another major issue was the degree of detail that should be included in the legislation. Some stakeholders raised questions around timelines, criteria, standards and norms for interventions. Others raised concerns that too much technical detail could lead to disputes over definitions and procedures, which may slow down interventions and undermine their purpose.
 
The committee also noted input on the importance of community participation, as well as concerns relating to gender, disability and other special considerations. It also noted stakeholder input that some of these matters may be better addressed through regulations rather than the Bill itself. This will support a more practical and refined implementation of the Bill.
 
Further issues raised included the role of cooperative governance and intergovernmental relations, the responsibilities of different spheres of government, the role of SALGA, and the need to guard against political interference. Stakeholders also pointed to deeper governance problems such as corruption, incompetence and unsuitable appointments, which raise questions about accountability when interventions become necessary.
 
The committee noted that the submissions reflected a rich body of practical experience in local government and service delivery. The Chairperson said all the submissions will be carefully analysed as part of the next stage of processing the Bill. He said the aim is to produce legislation that makes interventions easier to implement, ensures municipalities receive adequate support and allows interventions to occur when genuinely needed, with less controversy and greater cooperation.
 
Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Cooperative Governance and Traditional Affairs, Dr Zweli Mkhize