2 2 2 2 4 4 4 5 2.4 Composition of IDP
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2 2 2 2 4 4 4 5 2.4 Composition of IDP
IDP – INSTITUTIONAL STRUCTURES P a g e |1 TABLE OF CONTENTS 1. BACKGROUND 1.1 THE RESPONSES TO MANAGE THE PROCESS 1.2 PUBLIC PARTICIPATION 1.3 WHO SHOULD PARTICIPATE 2. INTEGRATED DEVELOPMENT PLANNING REPRESENTATIVE FORUM 2 2 2 2 4 2.1 NAME, OFFICE AND SECRETARIAT 4 2.2 OBJECTIVES 4 2.3 LEGAL STATUS 5 2.4 Composition of IDP-RF 5 3. INTEGRATED DEVELOPMENT PLANNING STEERING COMMITTEE 6 3.1 INSTITUTIONAL ARRANGEMENTS 6 3.2 TERMS OF REFERENCE 7 3.3 OBJECTIVES 7 3.4 COMPOSITION OF THE IDP-SC 8 4. INTERGOVERNMENTAL AND SECTORIAL FOR A 8 4.1 MUNICIPAL MANAGER FORUM 4.2 AMAJUBA LED FORUM 4.3 DISTRICT HIV/AIDS COUNCIL 5. TERMS OF REFERENCE OF OFFICE BEARERS 5.1 LIABILITY OF MEMBER AND OFFICE BEARERS 8 9 10 11 11 6. TERMINATION OF MEMBERSHIP 11 7. PROCEEDINGS OF MEETING 11 8. CONVENING OF MEETING 11 8.1 NOTICE OF MEETING 8.2 AGENDA ITEMS 8.3 QUORUM 9. AMENDMENT OF CONSTITUTION AMAJUBA DISTRICT MUNICIPALITY 11 12 12 12 IDP – INSTITUTIONAL STRUCTURES P a g e |2 CONSTITUTION OF THE AMAJUBA DISTRICT MUNICIPALITY INTEGRATED DEVELOPMENT PLANNING STRUCTURES In Terms of chapter 5 of Local Government: Municipal System Act (Act no 32 of 2000) DC 25, like all municipalities, is required to prepare an integrated Development Plan (IDP). As part of the preparation process, DC 25 is required to ensure the involvement of all stakeholders including: Community, Local municipality, NGO’s, CBO’s, Amakhosi, Business, etc. 1 BACKGROUND The Integrated Development Plan (IDP) is a process through which municipalities prepare a strategic development plan which extends over a five-year period. The IDP is the product of the IDP process plan. The IDP is the principal strategic decision- making process in a municipality. It is important that Integrated Development Planning involve all relevant stakeholders, the municipality should identify its key development priorities; formulate a clear vision, mission and objectives; align budgets with the development priorities. 1.1 THE RESPONSIBILITIES TO MANAGE THE PROCESS The IDP process does not only entail spatial planning, and hence the management and implementation thereof be delegated to the municipal manager as it is a mechanism to manage the affairs of a municipality and therefore occupies a very high status within a municipality. In terms of the Municipal System Act, 2000 the chairperson of the executive committee or executive mayor or chairperson of the committee of appointed councillors has the responsibility to manage the draft process of the IDP or to assign responsibility to the Municipal Manager. The Municipal Manager is responsible for the implementation and monitoring of the IDP process. 1.2 PUBLIC PARTICIPATION The structure, composition and position may differ between different categories and types of municipalities to suit the available human and institutional resources, but the proposed general arrangements are recommended as a minimum required, and are based on the following principal: • • Public Participation has to be institutionalised to ensure that all residents have an equal right to participate; and Structured participation must specify who is to participate, on behalf of whom, on which issues, through which organisational mechanisms and to what effect. 1.3 WHO SHOULD PARTICIPATE? i. Councillors AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES P a g e |3 Councillors have to play a leading role in the IDP process. The IDP is not only a mechanism through which they have to make decisions; it also contains their constituencies’ needs and inspirations. Therefore, councillors have to participate in this process to ensure that their communities’ issues are well reflected and addressed. ii. Officials The IDP is not a function of the municipality’s planning department alone but that of all departments in order to guide the IDP. As a result, all departments have to be directly involved in the process. iii. Municipal Stakeholders The purpose of the IDP process is to determine the needs and priorities of a municipality’s stakeholders and community which should be addressed towards improving the quality of life in respect of those concerned. Community and stakeholder participation in determining those needs is therefore at the core of the IDP process. The Constitution and the System Act clearly stipulate that a municipality must mobilise the involvement and commitment of its stakeholders by establishing an effective participatory process. The municipality should ensure participation by previously disadvantaged groups. Stakeholder group that are not organised, i.e. Non- governmental organisations (NGO’s), play a critical role to a voice the interest of those groups. Thus it is nature of the IDP process to allow all stakeholders who reside or conduct business within a municipal area to contribute to the preparation and implementation of the IDP. By abstaining from participating in the IDP process, stakeholders empower others to make decisions on their behalf, which decisions might not be in their interest. iv. Provincial And National Sector Department The IDP should guide how the provincial and national sector departments allocate resources at local government level, simultaneously; municipalities should consider the sector departments’ policies and programmes when developing their own strategies. It is in the interest of the sector departments to participate in the IDP process to ensure that its programmes and those of the municipalities are aligned. v. Ward Committees The primary function of a ward committee is to serve as a formal communication channel between the community and the council. In terms of the Structures Act a ward committee may make recommendations on any matter affecting the ward to ward councillors or through that councillor to the council. Also a ward committee is the proper channel through which communities can lodge their complaints. It would also be a forum for communication between the ward councillor and the community about municipal issues and development, as well as service options within the ward. AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES vi. P a g e |4 Traditional Leaders The possible role of traditional leaders, as a particular interest group in a ward committee, will depend upon the outcome of the deliberations between government and the partnership of tradition leader. It is suggested that traditional leaders should be considered as an interest group within the IDP. 2 INTEGRATED DEVELOPMENT PLAN REPRESENTATIVE FORUM 2.1 NAME, OFFICE AND SECRETARIAT • The name of the IDP-RF shall be the ADM IDP-REP FORUM. • The office of the IDP-RF shall be situated in the offices of the Amajuba District Municipality, B9356, Amajuba Building, Section 1, Madadeni, 2951. • The Secretariat of the IDP-RF shall be executed by the ADM. 2.2 OBJECTIVES The role the Representative forum is to ensure alignment of programs and projects with other spheres of government and private organizations; and provide for public, private and civil society sector input to the IDP .Key among the objectives of the IDPRF are: • To review the Integrated Development Plan compiled by the ADM. • To translate the IDP objectives into implementable projects. • To refer identified IDP projects to potential implementing agents, contractors or service providers. • To promote, facilitate or arrange access to funding for the execution of IDP projects. • To ensure the alignment of the Integrated Development Plan of the GSDM and its constituent Local Municipalities with the planning imperatives of National Government, Provincial Government, parastatals and business sector as far as possible. • To monitor and evaluate the progress of IDP projects being implemented within the District. • To analyze and review national, provincial and district economic trends, the identified and implemented anchor projects and to critically assess their impact on the socio-economic position of the area of jurisdiction of the ADM. • To review the District integrated development strategies within the framework of IDP Strategy and to advise the ADM accordingly. AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES P a g e |5 • To identify and evaluate key IDP issues and to critically assess their impact on current and future District plans and policies. • To leverage combined resources to provide transparent and expert leadership to integrated development issues. • To assimilate and disseminate the lessons learned to decision-makers within the public and private sectors, as well as to community-based organizations. • To consider all existing and proposed laws affecting or likely to affect local economic development and to recommend such steps and actions in this regard as may be deemed reasonable. • To make representations to any authorities on any matter in respect of integrated development. • To collect statistics and other information relating to integrated development. • To participate on a non-party-political basis in the activities of Integrated Development Forums and Associations created for similar purposes and to undertake projects desired to further these interests in the local community. • To review the institutional arrangements and to make recommendations in this regard. • To serve as a platform of forging and harnessing shared developmental understanding of the District 2.3 LEGAL STATUS • The IDP-RF is thus a consultative body made of various role-players-having stake in the developmental imperatives of the District • The IDP-RF functions on a basis of broad consensus among its constituent membership. • The continued existence of the IDP-RF is not affected in any way by changes in the composition of its membership or office bearers. 2.4 COMPOSITION OF IDP-RF The IDP Representative Forum (IDP RF) will be constituted as part of the preparation phase of the IDP and will continue its functions throughout the annual IDP Review processes. The proposed composition of the IDP RF could be as follows: Membership of the IDP-RF shall consist of stakeholders from the following sectors: • • • • • Mayor of the ADM as Chairperson Mayor of the Newcastle Local Municipality Mayor of the Emadlangeni Local Municipality Mayor of the Danhuasser Mbeki Local Municipality EXCO Members and Councilors of the ADM. AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES • • • • • • • • • • • • P a g e |6 Representatives of the Traditional Leaders within ADM. Municipal Manager and Senior municipal officials from the ADM. Municipal Managers from all the three (3) constituent Local Municipalities. All the IDP Managers within the District 1 Representative from each of the Political Parties represented in ADM Council. Representatives from Big Business 1 representative from each of the various Business Chambers within ADM 1 representative from each respective Parastatals operational within ADM 1 representative from each respective and relevant National Departments 1 representative from each of the Provincial Departments respectively 1 representative from each respective Non-Governmental Organizations, CBOs within ADM. 1 representative from each of all the other interest groups across the District, as per the available stakeholder list All persons and associations or persons directly or indirectly concerned with integrated development plan pursuits shall be eligible for membership. All prospective members shall be identified and informed in writing, as per their role in the developmental imperatives of the District by Amajuba. All members of the IDP-RF shall be expected to also identify other stakeholders who can play a pivotal role in the development of the District at large. No member or office-bearer shall have any rights in any property or other assets of the IDPRF solely by virtue of them being members or office-bearers. 3 IDP STEERING COMMITTEE An IDP Steering Committee (IDP SC) has been operational since the inception of the IDP preparation process in 2001. The IDP SC acts as a support to the IDP Representative Forum, making technical decisions and inputs, to the Municipal Manager and the IDP Manager. This IDP SC, as well as the Representative Forum will be reconstituted for the IDP preparation process. 3.1 INSTITUTIONAL ARRANGEMENTS • • • • • The IDP SC will be chaired by the Municipal Manager and in his absence, by the IDP Manager. The Municipal Council the very last political decision making body of the municipality has to approve and adopt the Process Plan, IDP, Budget and PMS. Secretariat will be provided by the IDP unit. Members of the IDP SC will comprise the Senior Management of the DM, the staff responsible for the preparation of the IDP, PMS and Budget and any other members as the Municipal Manager may deem fit. IDP Committee will consist of the IDP Manager, IDP Manager from three local municipalities within the Amajuba District and representative from COGTA. AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES P a g e |7 3.2 TERMS OF REFERENCE • • • • • • • • • • • • • • Provide terms of reference for the various planning activities associated with the IDP; To outline IDP strategic issues & trends, processes, challenges, and report on implementation progress. To ensure that the Framework/Process Plan is accordingly finalized and adopted by respective Municipal Councils; To ensure adjustment of the IDP accordingly as per the comments of the MEC; To identify additional strategic role-players to participate in the IDP Representative Forum; To ensure the continuous and optimal participation of role players in all the Municipal Planning processes; To ensure appropriate procedures are followed during the Planning and implementation processes; To ensure documentation of the IDP and other related documents is properly done; To carry out the day-to-day management of the IDP process across the District; Considers and comments on: • Inputs from sub-committee/s, study teams and consultants; • Inputs from provincial sector departments and support providers; and • IDP RF members. Makes content and technical recommendations; and To ensure alignment of the IDPs within the District with Planning frameworks from other Spheres of Government, e.g. NSDP & PGDS; To ensure the readiness of the IDP Sector Plans (PMS, LED, SDF, Financial Plan etc.) and their inclusion into the IDP documentation; To ensure timely submission of the reviewed IDP to the relevant authorities, e.g. MEC of CoGTA. The terms of reference and powers, functions and duties of the aforementioned Organizational Structures are determined and, where necessary amended, by the IDP-RF. The IDP-RF may at any time appoint such other committees with such terms of reference as may be considered desirable. 3.3 OBJECTIVES The objectives of the IDP Steering Committee include among others the following: • • • • • To monitor adherence to the Council’s Framework/Process Plan. To ensure proper allocation of duties and monitoring thereof. To ensure continuous identification of stakeholders in consultation with other role players To oversee and Manage drafting of ADM Programmes of Action To Commission relevant research studies and recommend appointment of service providers AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES • P a g e |8 To continuously identify and decide on matters to be referred to the subsequent IDP Committee for alignment and integration 3.4 COMPOSITION OF THE IDP-SC The IDP Steering Committee shall consist of the following: • • • • Municipal Manager of the ADM as Chairperson Director Planning and Development or two senior officials Representatives of Department of Cooperative Governance and Traditional affairs IDP Manager of the ADM and the three local municipalities 4 INTERGOVERNMENTAL AND SECTORAL FOR A The following Fora are established in terms of the Intergovernmental Relations Framework Act to guide and assist respectively the IDP-RF in carrying out its mandate and objectives as detailed hereunder. 4.1 MUNICIPAL MANAGERS’ FORUM This forum serves as a District’s Intergovernmental Technical structure that supports the Mayors’ Forum. The Forum is made of the Municipal Manager from the District as the Chairperson and Municipal Managers from the three (3) constituent Local Municipalities. This Forum may on Ad-hoc basis include any person who may be deemed essential to the deliberations of the Forum at a given point in time. 4.1.1 Terms of Reference Key among its objectives of the Municipal Managers’ Forum is to serve as a Consultative; Advisory and Technical supporting forum for the District Mayor on matters of mutual interest, including: a) Draft national and provincial policy and legislation relating to matters affecting local government interests in the district; b) The implementation of national and provincial policy and legislation with respect to such matters in the district; c) Matters arising in the Premier’s intergovernmental forum affecting the district; d) Mutual support in terms of section 88 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); e) The provision of services in the district; f) Coherent planning and development in the district; g) The co-ordination and alignment of the strategic and performance plans and priorities, objectives and strategies of the municipalities in the district; and h) Any other matters of strategic importance which affect the interests of the municipalities in the district. AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES P a g e |9 4.2 AMAJUBA LED FORUM • • The Amajuba LED Forum is established in terms of ExCo Resolutions from all the Category B Municipalities within Amajuba and the Amajuba District Municipality. The Amajuba LED Forum will serve as an advisory Forum to all the ExCo’s of the Municipalities within Amajuba on all LED matters. 4.1.1 COMPOSITION OF THE AMAJUBA LED FORUM The Amajuba LED Forum will comprise of the following: • • • • • • • • • • The Executive Portfolio Councillor for Planning and Development Services of the Amajuba District Municipality, who is the chairperson and convener of the meeting; Executive Portfolio Councillors from all four Municipalities within Amajuba responsible for LED; Chairpersons of the Standing Portfolio Committees responsible for LED all four Municipalities; Heads of Departments (HOD) from all four Municipalities within Amajuba responsible for LED; Officials within all four Municipalities within Amajuba responsible for LED on the discretion of the HOD’s of the Municipalities; Officials from the Department of Economic Development and Tourism, Department of Trade and Industry & the Department of Labour; Representative of the local Amakhosi; Tertiary Education Institutions; Elected Chairpersons of the AFLED subcommittees (Each AFLED subcommittee needs to elect the chairperson for the committee) One political representative from each of the political parties as nominated by the Amajuba District Municipality party caucuses. The Chairperson of the Amajuba LED Forum may, after consultation with the Amajuba LED Forum, invite interested parties, Government Departments, NGO’s, Local Business Organisations and other stakeholders to attend the meetings of the Amajuba LED Forum. The Forum may, in its discretion, allow members of the public to attend any meeting of the Forum. 4.1.2 OBJECTIVES AND RESPONSIBILITIES OF THE AMAJUBA LED FORUM • • The Objectives and Responsibilities of the Forum are to: To coordinate the formulation & implementation of municipal LED policies and strategic plans within the Municipalities; AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES • • • • • • • P a g e | 10 To encourage communication and alignment of LED projects among all LED role-players and Municipalities; To identify LED projects within the Municipalities as part of the IDP process. To evaluate LED applications, projects and business plans for recommendation to the respective ExCo’s for consideration; To monitor LED implementation; To source funding for specific LED projects within Amajuba; To provide guidelines on LED roles and responsibilities between the different LED stakeholders within Amajuba; To Coordinate the development and implementation of Strategic Development Plans. 4.3 DISTRICT HIV/AIDS COUNCIL The District AIDS Council ( DAC), chaired by the District Mayor constitutes of Executive Mayors of LMs, MMCs: Community services, Municipal Managers, Senior Managers: Community Services, District and Local HIV/AIDS Coordinators, District Managers of provincial government departments and their HIV/AIDS Coordinators and Civil society with a district mandate. 4.3.1 OBJECTIVES Key among its objectives will be the following: The DAC monitors the implementation of all Local AIDS Council strategies and programmes, and government services at a district level while strengthening their effectiveness and widening their reach to cover the entire district. Its directive is to: • • • • • • • • • • • • • Advice the district municipal Council on HIV/AIDS / STI’s and related matters Coordinates all anti-AIDS efforts in the District Provide assistance to local AIDS Councils Link up with Provincial departmental programmes that are based in the District Development and implementation of District AIDS strategy/plans Fundraising and resource mobilisation Lobbying Monitoring and evaluating the implementation of LAC AIDS strategies, Programmes and government services at a district level Hire full-time personnel for the AIDS Council activities and for the effective delivery and implementation of the pursuits of the District AIDS Council, IDPs Information sharing and research Capacity building and training Policy development and implementation Promote and enhance cooperative government principles as enshrined in the South African constitution (Chapter 3) AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES P a g e | 11 5 TERM OF OFFICE BEARERS The term of office of the office bearers shall be for a period not exceeding FIVE (5) years. 5.1 LIABILITY OF MEMBERS AND OFFICE BEARERS Members or office bearers do not become liable for any of the obligations and liabilities of the IDP-RF solely by virtue of their status as members or office bearers of the IDP-RF. Office bearers are not personally liable for any loss suffered by any person as a result of an act or omission that occurs whilst the office bearer performing the function for and on behalf of the organization in good faith. 6 TERMINATION OF MEMBERSHIP IDP-RF membership shall be terminated by at least 3 months written resignation 7 PROCEEDINGS OF MEETINGS • • • • Unless otherwise specified herein or otherwise determined by the meeting concerned, all proceedings at meetings shall be conducted in accordance with normal practice. All new items shall be proposed and seconded. Should there be an equality of supporters the Chairperson shall make the final decision. Minutes shall be kept at all meetings. 8 CONVENING OF MEETING • • • The IDP-RF shall meet at least Four (3) times per year, at such times and venues as determined within the IDP Framework Plan. The IDP Steering Committee shall meet at least five (4) times per year, at such times and venues determined within the IDP Framework Plan Special meetings may be called at any time, specifying the purpose of such meeting. 8.1 NOTICE OF MEETINGS • At least 72 hours written notice, or such shorter periods as may be determined, shall be given for any meeting. • Due notice, shall, for all purposes, be deemed to have been given immediately upon delivery thereof, which in the event of delivery by postage, shall be determined to be the day of postage of the notice. AMAJUBA DISTRICT MUNICIPALITY IDP – INSTITUTIONAL STRUCTURES P a g e | 12 8.2 AGENDA ITEMS • • Each member may propose items for the agenda by delivering written notice thereof to the IDP-RF at least 14 (Fourteen) days prior to the meeting or, if there is a short notice thereof, such lesser period as may be determined. An item that has been defeated at a Meeting may not be re-introduced for a period of 6 (Six) months. 8.3 QUORUM • • A quorum at a Meeting shall be no lesser of 50% plus 1 of the total membership. In the absence of a quorum at any meeting within 30 (Thirty) minutes of that meeting’s scheduled starting time, the meeting shall automatically be adjourned to the same day, time and place in the following week (provided that if that day be a public holiday, to the next business day) and those members present at the adjourned meeting shall then constitute a quorum. 9 AMENDMENT OF CONSTITUTION • Any provision of this Constitution may be amended by a special resolution passed by a two-thirds majority of all persons present and entitled to support at such Meeting. AMAJUBA DISTRICT MUNICIPALITY