000786
REPORT TO EXECUTIVE MAYOR
17 MARCH 2009
1
2
ITEM NUMBER:
L
I
CITY OF CAPE TOWN IISIXEKD SASEKAPA STAO KAAPSTAD
MC 54/03/09
PUBLIC ENGAGEMENT POLICY FOR CITY OF CAPE TOWN
BELEID OOR OPNBARE BETROKKENHEID VIR DIE STAD KAAPSTAD
UMGAQO-NKQlIBO WESIXEKO SASEKAPA OJONGENE
NOBANDAKANYO
3
RECOMMENDATION FROM THE:
CORPORATE SERVICES AND HUMAN RESOURCES PORTFOLIO
COMMITTEE: 03.03.2009
RECOMMENDED that:
(a)
the comments of Councillor 0 Kinahan as contained in Annexure "An
to the minutes be considered;
(b)
the role assigned to the Communications Department in sections 1 &
2 on pages 4 and 6 of the policy be applied equally to section 3 on
page 8, section 7 on page 9 and section 5 on page 11;
(c)
the Portfolio Committees and Sub-councils be given the opportunity in
March or May to comment on the key performance indicators (KPI) as
listed in section 3 of the policy. These KPI's should be included in the
contracts entered into with management;
(d)
the maximum time period afforded the public to comment on by-laws
be stipulated in the policy;
(e)
the words "when and where required" be added to items 2 and 4 on
page 6 and item 8 on page 7 of the policy;
(f)
the word "TARPAC" in item 7 on page 11 of the policy be deleted and
be replaced with the words "Budgetary Advisory Committee";
(g)
the words "public engagement tools" be inserted next to the words
"refer to section 7" in items 4, 5 & 12 on pages 6 & 7 of the policy.
000787
ECONOMIC, SOCIAL DEVELOPMENT & TOURISM PORTFOLIO
COMMITTEE: 05.03.2009
Concern was expressed as who would be responsible for the covering of
certain costs, viz catering expenses. It was pointed by both Ald. J Bredenhand
& Cllr B Maboee that as Subcouncils did not have the financial resources
available to meet such public participation costs had the necessary budgetary
provision been made.
The relevant official reported that catering would be undertaken only if
necessary and with the Subcouncil paying for processes initiated by them. It
was also indicated that the relevant department would absorb the costs for
processes initiated by them.
The Chairperson in conclusion requested that the foregoing concern be noted
by the appropriate officials.
RECOMMENDED that
a)
the Public Engagement Policy & Procedure Guidelines as outlined in
the annexure of the report, be adopted;
b)
the establishment of a public participation working committee to
monitor, review & asses the City's public engagement strategies,
process & compliance with this policy be endorsed; and that it report
thereon to Council annually in terms of section 8, clause 4.1 of the draft
policy.
SAFETY & SECURITY PORTFOLIO COMMITTEE: 05.03.2009
It was proposed that the following recommendation be incorporated to the
recommendations as set out on page 381 of the report:
The public engagement process needs a sectoral mechanism as well for
sectoral public participation.
The proposal was duly supported.
RECOMMENDED that:
(a)
the public engagement policy and Procedure Guidelines as outlined in
the Annexure attached to the report be supported.
(b)
the establishment of a public partiCipation working committee to
monitor, review and assess the City's public engagement strategies,
processes and compliance of the Policy be endorsed and a report
thereon be submitted to Council annually as stated in Section 8 clause
4.1 of the draft policy.
000788
(c)
the public engagement process needs a sectoral mechanism as well for
sectoral public participation.
PLANNING AND ENVIRONMENT PORTFOLIO COMMITTEE: 03.03.2009
RECOMMENDED that:
(a)
Council adopts the Public Engagement Policy and Procedure
Guidelines as outlined in the Annexure subject to the following
amendments;
Section 2 paragraph 9: delete "for 21days " and replace with "at least
21 days"
Section 3 paragraph 3: delete "for 21days " and replace with "at least
21 days"
(b)
the establishment of a public participation working committee to
monitor, review and asses the City's public engagement strategies,
processes and compliance with this Policy be endorsed and report to
Council annually, as stated in Section 8, clause 4.1 of the draft policy.
TRANSPORT,
05.03.2009
ROADS & STORMWATER PORTFOLIO COMMITTEE:
The committee expressed concern that not enough time is allowed in order for
communities to respond properly and thus requested that response times be
longer.
The committee further requested that policies be written in simple
understandable language as well as be available in English, Afrikaans and
Xhosa.
RECOMMENDED that:
(a)
taking the above comments into consideration, the public
engagement policy and procedure guidelines as outlined in the
Annexure to the report be adopted;
(b)
the establishment of a public participation working committee to
monitor, review and assess the City's public engagement strategies,
processes and compliance with this policy be endorsed and reported on
to Council annually, as stated in Section 8, clause 4.1 of the draft
policy.
000789
COMMUNITY SERVICES PORTFOLIO COMMITTEE: 05.03.2009
The Portfolio Committee nominated Councillor M Davids to serve on the adhoc committee mandated to finalise the policy.
RECOMMENDED that the Public Engagement Policy for the City of Cape
Town and the nomination of Councillor M Davids to serve on the ad-hoc
committee mandated to finalise the policy be noted.
HOUSING PORTFOLIO COMMITTEE: 02.03.2009
UTILITY SERVICES PORTFOLIO COMMITTEE: 02.03.2009
FINANCE PORTFOLIO COMMITTEE: 02.03.2009
RECOMMENDED that:
Policy and
Procedure
(a)
Council adopts the Public Engagement
Guidelines as outlined in the Annexure;
(b)
the establishment of a public participation working committee to
monitor, review and asses the City's public engagement strategies,
processes and compliance with this Policy be endorsed and to report to
Council annually, as stated in Section 8, clause 4.1 of the draft policy.
HEALTH PORTFOLIO COMMITTEE: 03.03.2009
RECOMMENDED that the Public Engagement Policy for the City of Cape
Town be noted.
REPORT To ALL PORTFOLIO COMMITTEES
CIT! OF CAPE TOWN IISlmo SASEKAPA I STAD KAAPSTAD
1
ITEM NUMBER:
2
SUBJECT
r.ORHR
nR/n~Jml
PUBLIC ENGAGEMENT POLICY FOR THE CITY OF CAPE TOWN
LSU6268
2
ONDERWERP
BELEID OOR OPENBARE BETROKKENHEID VIR DIE STAD KAAPSTAD
LSU6268
2
ISIHLOKO
UMGAQO-NKQUBO WESIXEKO SASEKAPA OJONGENE NOBANDAKANYO
LOLUNTU
LSU6268
3
PURPOSE
To obtain approval for the adoption of the Public Engagement Policy
4
STRATEGIC INTENT
•
Good Governance and Regulatory Reform
The public participation policy, once approved by Council, will direct the manner
and process by which the City performs its obligations regarding Public
Participation as required in terms of legislation.
It will create mechanisms for the alleviation of duplicated public engagement
practices, which currently exist in the City, and strive to meet the objective of
empowering communities to engage in public participation with the City in an
informed fashion.
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FOR DECISION BY
0007Q!..
Council
6
EXECUTNESUMMARY
The City does not have a public engagement policy which outlines the processes in
terms of which it can engage with its communities.
The attached policy seeks to remedy this by outlining key operational imperatives and
creating a menu of processes which may be selected depending on the nature of the
public participation required by the instant circumstances.
It creates an integrated and uniform approach to public participation, and clearly defines
the various roles, responsibilities and functions of the various stakeholders in the
process, locating the ultimate responsibility for public participation within the Public
Participation Unit, of the Department: Governance and Interface.
7
RECOMMENDATIONS
Not Delegated: for Decision by Council:
That Council:
1. Adopt the public engagement policy and Procedure Guidelines as outlined in
the Annexure hereto and,
2 endorse the establishment of a public participation working committee to
monitor, review and asses the City's public engagement strategies, processes
and compliance with this Policy, and to report thereon to Council annually, as
stated in Section 8, clause 4.1 of the draft policy
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AANBEVELINGS
OB079i
Nie gedelegeer nie: vir besluit deur die Raad:
Oat die Raad:
1. Die beleid oor openbare betrokkenheid en keuselyste goedkeur soos in die
aangehegte bylae uiteengesit en
2 Die stigting van 'n werkskomitee vir openbare deelname onderskryf vir die
monitering, hersiening en evaluering van die Stad se openbarebetrokkenheidstrategiee, -prosesse en nakoming van hierdie beleid, en 'n jaarlikse verslag
daaroor aan die Raad uit te bring, soos gemeld in deel 8 van die konsepbeleid.
7
IZINDULLILO
Azigunyaziswanga: iSiggibo seseBhunga:
Ukuba iBhunga:
1. Maliwamkele umgaqo-nkqubo ojongene nobandakanyo loluntu kunye noludwe
lweenkqubo ezichazwe kwiSongezelelo esiqhotyoshelwe apha yaye,
2 maliqinisekise ukumiselwa kwekomiti esebenzayo yothatho-nxaxheba loluntu
ngenjongo yokubek'esweni, ukuphengulula nokuhlola izicwangciso-qhinga
zeSixeko zobandakanyo loluntu, iinkqubo nokuthotyelwa kwalo Mgaqo-nkqubo,
neza kwenza ingxelo kwiBhunga rhoqo ngonyaka. Njengoko kuchaziwe
kwiCandelo 8, isolotya 4.1 loyilo lomgaqo-nkqubo.
8
DISCUSSION/CONTENTS
When the Public Engagement Policy was tabled at all portfolio committees in October
last year, the Corporate Services and Human Resources Portfolio Committee resolved
that an ad hoc committee of councillors be appointed to consider and finalise the policy.
The Forum of Chairpersons of Sub-Councils similarly nominated five sub-council
chairpersons with the same brief. It was therefore prudent to combine these committees
for the purposes of executing their respective mandates.
An ad-hoc committee was consequently convened under the chairpersonship of the
Mayco member for Corporate Services and Human Resources, Councillor B Walker.
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Other members of the committee were,
The Speaker
Cllrs:D Qually
G Siljeur
J P Smith
B Watkyns,
G Twigg,
o Kinahan, and
S Pringle.
After numerous meetings and vigorous scrutiny, the ad-hoc committee has now finalised
the policy and resolved that it be re-tabled at all portfolio committees. Thereafter it will be
tabled at Mayco and then submitted to Council for consideration and adoption, at its
meeting on 25 March.
It will then be implemented in accordance with an agreed implementation and roll out
plan, during the month of April.
It must also be mentioned that the policy served at all sub-councils and portfolio
committees during October last year, and all comments made have been considered
and, where appropriate, included in the policy.
By way of briefly recapping its content, it can be mentioned that there are two
fundamental aspects of the policy.
The first sets out the general governing provisions for the conduct of any public
participation process, while the second provides a set of PROCEDURE GUIDELINES
which may be used for a given public partiCipation process based on the type of process
required. The policy lists 6 categories of processes which are used by the City.
It is also proposed that a working group be established, which will be charged with the
monitoring and supervision of all public participation processes.
Implementation of the policy will result in a uniform approach to public partiCipation in the
City as well as a reduction in costs to the City through the obviation of unnecessary
duplication by departments through the conduct of public participation.
The policy also lays the framework for structured public partiCipation through the
creation of monitoring and review mechanisms, the formulation of an annual plan, the
proviSion for the actual costing for each exercise and the clarification of the various roles
and functions of different departments and within the political structures of Council.
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000794
In terms of section 17(2) of the Local Government Municipal Systems Act, 2000 "a
municipality must establish appropriate mechanisms, processes and procedures to
enable the local community to participate in the affairs of the municipality". The policy
fulfils this statutory requirement.
8.1
Constitutional and Policy Implications
In terms of section 152( 1)( e) one of the objectives of local government, is to
encourage the involvement of communities and community organizations in local
government
8.2
Environmental Implications
No environmental implications
8.3
Legal Implications
Section 16 of the Local Government Municipal Systems Act, requires that
local government develop a culture of community participation, and build
the capacity of its communities.
Section 17 states that local government must create mechanisms,
processes and procedures for public participation.
Section 18 requires local government to create effective tools for
communicating with the community.
Various other legislative instruments governing local government, as well
as National and Provincial Acts require public participation.
8.4
Staff Implications
No Staff implications
8.5
Risk Implications
No risk implications
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000795
8.6
Other Services Consulted
EMT- Stride subcommittee,
FOCOS chairpersons and sub-council manager's sub-committee,
The Office of the Speaker,
The ad hoc committee on the Public Engagement Policy
ANNEXURES: A,Public Engagement Policy and Procedure Guidelines
~. exPU\ M " ~-y
fv1€:1\1 (~
FOR FURTHER DETAILS CONTACT:
I
I
NAME
I
CONTACT NUMBERS
I IRWIN ROBSON
I 021 400 1434
. Irwin.robson@capetown.Qov.za
GOVERNANCE and INTERFACE
I E-MAIL ADDRESS
I DIRECTORA TE
!
~ LEGALLY COMPLIANT
D
LEGAL COMPLIANCE
NON-COMPLIANT
(Author to obtain signature before submission to
Executive Support)
COMMENT:
Comment:
DIRECTOR~
ADV Brent Gerber
DATE
2--u
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_ _ _ __
Page 60f6
000796
ANNEXURE A1
PUBLIC ENGAGEMENT POLICY
CITY OF CAPE TOWN
1. PURPOSE
The purpose of this Policy is to help people to understand and encourage them
to contribute to the decision-making processes of the Municipality.
2. OUTCOMES TO BE ACHIEVED
Everyone will have the opportunity to influence how the Council functions
through effective and meaningful public engagement processes, leading to more
relevant policies in the governance of the City.
3. PRINCIPLES
Public engagement processes should be flexible, appropriate, informed, inclusive
and responsive.
4. MECHANISMS AND PROCESSES FOR PUBLIC ENGAGEMENT
The City has set up a system of Sub-councils and ward forums which are the
mechanisms referred to in the Procedure Guidelines.
5. PROCEDURE GUIDELINES
Procedure Guidelines for public engagement are attached per Annexure A.
6. LANGUAGE
Public Engagement is conducted in terms of Council's Language Policy.
7. APPLICATION
The policy applies to the processes and sequence of activities as
outlined in the Procedure Guidelines.
1
000797
ANNEXURE A.
PROCEDURE GUIDELINES
1.
THE DEVELOPMENT AND AMENDMENT OF POLICY AND BY-LAWS
STEPS
1.
2.
3.
A motivated proposal
may originate within
Council's structures or
externally.
The proposal is
referred to the Office
of the Speaker in
consultation with the
Executive Mayor or
his/her nominee for
agreement on legal
compliance and the
way forwa rd.
The Draft Engagement
and Communication
Plan is developed
between the Mayor's
nominee and
Communications Dept.
RESPONSIBLE
PERSON
NOTES
Line Department
Office of the Speaker
Executive Mayor or
Nominee
Manager: Public
Participation Unit (MPPU)
Manager: Implementation
. and Co-ordination
Manager: Sub-councils
Line Department
Legal Department
I
4.
5.
The public is notified of
the intention to
commence the By-law /
policy process, and its
context.
The motivated
proposal and draft
engagement plan is
submitted to the
relevant Committee of
Council to commence
the drafting process.
. Communication Dept.
Identifjed Sponsor
Communications
Line Department
:
2
U00798
Line Department
6. The draft By-law/Policy
is submitted to the
Office of the Speaker to
ensure legal
compliance.
i
7.
Manager: Public
Participation Unit (MPPU)
The Engagement and
Communication Plan is
finalised.
Manager: Implementation
and Co-ordination
. Manager: Sub-councils
line Department
legal Department
Communication Dept.
Every Engagement Plan
will at least contain a
budget as to cost, a
determined time-frame
for completion, the
appropriate
mechanisms for
communication with the
Community, and the
Process Plan for
feedback to the
Community on the
results of the Public
Participation Process.
The draft By-laws may
contain options on
which the public will be
allowed to express an
. opinion
I
8.
The draft By-law/Policy
document is submitted
to the relevant
Committee of Council
together with a
summary and
motivation.
Line Department
9.
Portfolio Committee(s)
refer the Draft to
geographic, sectoral
or other bodies, for at
least one of the
following:
1) noting, or
2) comment, or
3) consultation, or
4) debate, or
5) recommendations.
Portfolio Committee(s)
110.
Repeat step 2 above,
where required.
The Portfolio
Committee must also
provide a concise
. summary of the policy
or By-law in all three
official languages and
give directives (with
reasons) as to the date
by which it requires the
matter to be re-tabled
for consideration.
Office of the Speaker
. Exec. Mayor or Nominee
I
3
I
0007,
11. The Public Engagement
and Communication
Processes are formally
launched.
(
Relevant structure/
person of Council
The draft document is
distributed to
Councillors, ward forum
members, organisations
on each Sub-council
database and
organisations operating
across the City, for
preliminary
consideration and
perusal.
Communications
Manager: Public
Pa rticipation
Manager: Sub-councils
Other methods of
distribution will be used
where appropriate.
I
12.
The advert for the Subcouncil meeting must
include a footnote
advising the public of
hearings to be held
where appropriate.
A variety of
communication
methods can be used.
Manager Sub-councils
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13.
The By-law/Policy is
then tabled and/or
considered at Subcouncils, depending on
the directives issued by
the Portfolio
Committee.
Manager: Sub-councils
14.
Feedback from Subcouncils is submitted
to IDL (Inter Directorate
Liaison).
IDL gives consolidated
feedback to line
Department. The receipt
of all comments
submitted is
acknowledged.
Manager: Sub-councils
IDL / Line Department
15.
The Draft By-laW/Policy
feedback and line
department comments
are re-submitted to the
Portfolio Committee.
line Department
4
16.
17.
18.
The By-law/Policy is resubmitted to the Office
of the Speaker for final
legal scrutiny.
Line Department
The By-law/Policy is
submitted to MAYCO for
approval, and/or
Council for adoption
and thereafter to the
Office of the Speaker for
proclamation
/promulgation.
Line Department
The Public Engagement
Process is evaluated and
all internal stakeholders
are invited to rate the
process and comment if
they wish to do so.
Public Participation Unit
(PPU)
000800
i
!
Use different methods
to provide feedback to
the Community.
Portfolio Committees
All relevant stake
holders are required to
sign off on the report.
Report back to all
stakeholders on
outcomes.
19.
A review of the
effectiveness of each
engagement process is
conducted by the Office
of the Speaker in
consultation with the
Executive Mayor or
his/her nominee.
I
Public Participation Unit
(PPU)
5
000801
2. DEVELOPMENT, IMPLEMENTATION AND REVIEW OF THE
INTEGRATED DEVELOPMENT PLAN (IDP) AND
ORGANIZATIONAL PERFORMANCE MANAGEMENT SYSTEM
June - September
STEPS
1.
Agree on Public Engagement Plan
and Communication Plan, and the
requisite process to be followed.
RESPONSIBLE
PERSON
IDP Process
Manager
NOTES
Consider the local
circumstances, including
Travel.
Manager:
Subcouncils
Manager: Public
Participation
Communications
2. Capacity building and awareness
sessions with Ward Forums, Subcouncils and Sector Organisations,
when and where reg.uired.
Office of the
Speaker
Director:
Governance &
Interface
Initiatives such as
"Imagine Cape Town" and
"Helen's Hints" sms
cam paign can be
considered.
IDP Process
Manager
3.
Annual Public Perception Survey and
summary of conclusions for
submission to line management to
influence decision-making.
4. Advertisement is placed for a
maximum Q.eriod of 30 days
before the formal launch of the Public
Engagement Process, when and
where reauired.
5.
Interactive engagements to be
arranged in such a manner to ensure
substantive participation.
Manager: Strategic
Information (SDIG)
Perception Survey needs
to be planned in such a
manner to ensure that
results are available during
strategiC review (end
December).
The Report would need to
be available by October of
the previous year, and
commissioned by
February of that year.
IDP Process
Manager
Refer to Section 7.
"Public Engagement
Tools".
Manager:
Sub-councils
IDP Process
Manager
Refer to Section 7,
"Public Engagement
Tools".
Manager:
Sub-councils
6.
Analysis and user friendly reporting of
operational and statistical data.
Manager: StrategiC
Information (SDIG)
All City data to be reflected
sectorally and
geographically.
IDP Process
Manager
6
000802
7.
Submit revised draft document to
Portfolio Committee(s), MAYCO and
Council with recommendations to
approve the document for consultation
with the public.
8. Advertisement is placed 30 days
before the formal launch of the Public
Engagement Process, when and
where required.
IDP Process
Manager
IDP Process
Manager
Manager:
Sub-councils
Communications
9.
Formally launch the Public
Engagement process. The document
to be made available for public
comment for at least 21 days.
IDP Process
Manager
Manager:
Sub-councils
Communications
Political structures
10. Acknowledge receipt and respond to
all public comments.
IDP Process
Manaqer
11. Summary of inputs and
revised/amended document to be
submitted to the relevant committee(s)
with recommendations to MAYCO and
Council.
IDP Process
Manager
12. Publish the document.
IDP Process
Manager
Adverts will be part of the
monthly adverts advising
of meetings of Subcouncils. In media and on
the City web etc, Smart
Cape access, sms
messaging and radio
programmes and other
print and electronic media
such as CDs or taped
versions, where
appropriate. Copies of
advertisements to be
submitted to Sub-council
Managers for information
and distribution to
organisations on
database.
Copies of the document
will be em ailed to all
stakeholders on the City
database as well as
neighbouring
municipalities and
Provincial Government
Departments. Interactive
engagement with stake
holders mentioned above.
Refer to Section 7,
"Public Engagement
Tools".
Manager:
Sub-councils
13. Compile report on the Public
Engagement Process conducted.
Public Participation
Unit (PPU)
Use different methods to
provide feedback to the
Community. All relevant
stake holders are required
to sign off on the report.
Report back to all
stakeholders on outcomes.
7
000803
3.
TO CONSULT WrrH THE PUBLIC AND RECEIVE COMMENT ON
THE FOLLOWING:
Municipal Entity
Business plan
and SDBIP's
STEPS
1. Agree on Pu blic Engagement
Plan and the requisite
process to be followed.
RESPONSIBLE
PERSON
IDP Process
Manager
Manager: Subcouncils
Manager: Public
Participation
2. Advertisement is placed 30
days before the formal launch
of the Public Engagement
Process.
IDP Process
Manager
Manager: Subcouncils
Relevant officials
at the various
venues
IDP Process
3. Formally launch the public
Manager
engagement process. The
document to be made available • Communications
for public comment for at least
21 days.
4. Acknowledge receipt of all
public comments and respond
to participants.
NOTES
I
.
This could include Sub-council
meetings, public hearings, briefing
sessions, or public meetings based
on the desired outcome.
Every public participation plan will
consider the local circumstances of
those who experience difficulty in
attendina meetinas.
Adverts will be part of the monthly
adverts adviSing of meetings of
Sub-counclls. In media and on the
City web etc, Smart Cape access,
sms messaging and radio
programmes and other print and
electronic media such as CDs or
taped versions, where appropriate.
Copies of advertisements to be
submitted to Sub-council managers
for information and distribution to
organisations on database.
People who are unable to Write are
assisted by officials at the venue as
per the advert.
Copies of the document will be
emailed to all stakeholders on the
City database as well as
neighbouring municipalities and
Provincial Government
Departments.
IDP Process
Manager
Manager: SubI councils
8
OnORl4.
5. Summary of inputs and
IDP Process
Manager
revised/amended document to
be submitted to the relevant
committee with
recommendations.
6.
Publish the document.
7. Compile report on the Public
Engagement Process
conducted.
IDP Process
Manager
I Public
• Participation Unit
(PPU)
Communications
Use different methods to provide
feedback to the Community. All
relevant stake holders are required
to sign off on the report. Report
back to all stakeholders on
outcomes.
4.
MECHANISMS FOR MUNICIPAL SERVICE DELIVERY.
LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000
(577-80: SYSTEMS ACT) ; AND
4.1
ESTABLISHMENT OF INTERNAL MUNICIPAL SERVICE
DISTRICTS (585)
Section 1
I
The advert notifies the public to
inspect the approved Budget and
is also displayed for at least 21
days at all Sub-council offices,
some administration buildings, all
libraries and on the City's website
Copies placed on website, libraries
and Council buildings, email to
stakeholders and place
advertisements in local newspapers
to inform the public where the
document can be accessed.
Line department
Public
Participation Unit
(PPU)
I
1.
A Municipality must review and
decide on the appropriate mechanism to
provide a municipal service in the
Municipality or part of the
Municipality - (e) when requested by
the local community thro ugh
mechanisms, processes and procedures
established in terms of Chapter 4
[Section 77(e}].
2.
If a Municipality decides in terms of sub
section 2 (b) to explore the possibility of
providing the municipal service through
an external mechanism, it must (a) give notice to the local community of its
intention to explore the provision of the
municipal service through an external
mechanism;
(b) assess the different service delivery
options in terms of section 76 (b), taking
into account - (iii) the views of the local
9
000805
community; and
(v) the views of organised labour
(Section 78[3J).
3.
Before a Municipality enters into a
service delivery agreement with an
external service provider, it must
establish a programme for community
consultation and information
dissemination regarding the
appointment of the external service
provider and the contents ofthe service
delivery agreement. The contents of the
service delivery agreement must be
communicated to the local community
through the media [section 80 (2)].
4.
Establishment of Internal Municipal
Service Districts
Before establishing an internal municipal
service district, the municipality must (a) consult the local community on the
following matters:
(i)
the proposed boundaries of the
service district;
(ii)
the proposed nature of the
municipal service that is to be
provided;
(iii)
the proposed method of financing
the municipal service; and
(iv)
the proposed mechanism for the
provision of the municipal service;
and
(b) obtain the consent of the mCljority of the
members of the local community in the
proposed service district that will be
required to contribute to the provision of
the municipal service (Section 85).
10
5.
THE BUDGET
000806
The Budget related By-laws, Policies and budget documents are prepared and
processed in terms of the Municipal Finance Management Act 56 of 2003,
Municipal Systems Act 32 of 2000, Municipal Property Rates Act 6 of 2004,
Municipal Structures Act 117 of 1998 as amended Act no. 33 of 2000 and the
Constitution of the RSA no. 118 of 1996.
5.1
BUDGET RELATED BY-LAWS (STATUTORY)
STEPS
1.
2.
i
Prepare an advert which is placed in
all of the major and community
newspapers.
The advert invites public comments via
the City Manager's office and is also
displayed for at least 30 days at all
Sub-council offices, some
administration buildings, all libraries
and on the Citys website.
RESPONSIBLE
PERSON
ISL (Inter Service Liaison this is an internal unit of
Council)
ISL and relevant officials at
the various venues
NOTES
It is
recommended
that notice of
processes be
given in the
monthly accounts
sent to
ratepayers and
other service
users.
3. People who are unable to write are
ISL and relevant officials at
assisted by officials at the venue as per
the various venues
the advert.
4. Comments are collected from the Office ISL
of the City Manager and logged in a
register kept by ISL indicating contact
details, summary of comments and
dates received and responded.
ISL / Revenue / relevant
The By-law gives
5. Input is also solicited from relevant
officials who implement the policies in
Service Directorate
effect to the
Communications
policy.
terms of clarity, application and
uniformity.
6. Sub-councils are included in the Public
ISL / Subcouncil Managers
Engagement Process in that the reports
appear on their agendas. It is expected
that Sub-councils solicit input from
Ward Forums which comment to be
routed via the City Manager's Office.
ISL
7. Prepare and submit a report to the
Tariff and Budget Advisory
Committee, Finance Portfolio
Committee, MAYCO and Council
reflecting process, full details iro
comments received and action taken.
I
l
11
5.2. DRAFT BUDGET
000807
The Draft Budget includes the following:
•
•
•
•
All relevant budget information including Tariffs, Fees and Charges;
Budget related policies which lead to the setting of a rate, tariff, charge or fee:
o These policies include the Rates Policy and Tariff Policy (incorporating
individual policies for Electricity, Water & Sanitation and Solid Waste).
Other Budget related policies which include:
o Credit Control and Debt Collection Policy (incorporating Property Rates
and Services, Housing, Indigent and Property Management).
o Grants-in-Aid Policy.
The Integrated Development Plan.
ISL co-ordinate and drive all the budget related Public Engagement Processes whilst
the IDP deals exclusively with the Integrated Development Plan Public Engagement
Process.
The Public Engagement in respect ofthe Draft Budget consists of a March/April and a
May/June process.
March I April Process
The Executive Mayor tables the Draft Budget at the March Council meeting and it is
then subject to the Public Engagement process which includes:
1.
2.
i
3.
4.
I
Preparing an advert which is placed in all
ofthe major and community
newspapers.
The advert invites public comments via
the City Manager's office and is also
displayed for at least 30 days at all Subcouncil offices, some administration
buildings, all libraries and on the City's
website.
People who are unable to write are
assisted by officials at the venue as per
the advert.
Comments are collected from the Office
ofthe City Manager and logged in a
register kept by ISL indicating contact
details, summary of comments, dates
received and when responded. IDP also
collect comments from feedback boxes
at the various venues and forward
budget related comments to ISL for
processing whilst ISL refer service related
responses to IDP. ISL solicit responses
from relevant Services for inclusion in a
Inter Service Liaison
(ISL)
i
I
ISL and relevant
officials at the
various venues
ISL and relevant
officials at the
various venues
ISL / IDP
i
Office of the City
Manager
acknowledges
receipt of
comments.
I
12
f"\ ,,,,\ "'\ t"'I ,... t"'I
corporate report and in response toU U , 'ouo
individuals.
S.
Input is also solicited from relevant
officials who implement the policies,
tariffs, fees and charges, in terms of
clarity, application and uniformity.
ISL / Revenue /
relevant Service
Directorate
6.
Sub-councils are included in the Public
Engagement Process in that the reports
appear on their agendas and public are
invited to make representation at the
Sub-council meetings. These comments
are for recording only and not debated.
It is expected that Sub-councils solicit
input from Ward Forums which
comment to be routed via the City
Manager's Office for processing by ISL.
ISL/ lOP /
Sub- council
Managers
7.
Prepare a report to the Tariff and Rating
Political Advisory Committee (TARPAC),
MAYCO and Council reflecting process,
full details iro comments received and
action taken.
ISL
I
This is in
conjunction with
the lOP process.
May I June Process
Council has to approve the Draft Budget (incorporating the lOP) for implementation
with effect from 1 July. The Public Engagement Process serves to notify the
community that they can inspect the approved Budget at the identified venues.
8.
Prepare an advert which is placed in all
of the major and community
newspapers.
Inter Service liaison
(ISL)
9.
The advert notifies the public to
inspect the approved Budget and is
also displayed for at least 30 days at all
Sub-council offices, some administration
buildings, all libraries and on the City's
website.
ISL and relevant
officials at the
various venues
10.
Feedback is provided to relevant
officials who implement the policies,
tariffs, fees and charges in terms of
clarity, application and uniformity.
ISL / Revenue /
relevant Service
Directorate
I
13
I
11.
All comments received are
responded to after Council approval
reflecting resolution and actions
taken where relevant.
12.
Where required conduct post Public
Engagement Process capacity building
through ward forums and other
structures on request from SCM.
5.3
IISL
.."
000809
i
• PPU
I
TARIFFS AND CHARGES PROCESS
GUIDELINES FOR ANNUAL TARIFF REVIEW
STEP
1
2
3
4
ACTION
RESPONSIBLE
OFFICIAL
As part of the annual budget process, services
are requested to draft reports and
• accompanying schedules reflecting any changes
(ie. Increases, decreases, deletions, additions,
etc.) to their previous year's tariffs for their
service and submit these to the Tariff Team for
perusal.
These reports and schedules are to be sent to
the Tariff Team, on the template provided, for
checking (compliance with guidelines / laws,
calculations, contents of reports including
motivation) prior to submission to the respective
Portfolio Committees.
December /
January
Service
Mid. January begin.
February - see
calendar on
the Cityweb for
dates of
meetings also see Web
for format of
report .
Tariff Team
. Services are to ensure that the reports and
schedules reach Executive Support at least 2
weeks prior to the Portfolio Committee
Meeting. All signatures are to be obtained by
• the author of the report before submission to
I Executive Support.
Executive Support will then ensure that your
report is submitted to the relevant Portfolio
Committee and thereafter MAYCa.
Begin.
February
Service
An advert is prepared by the Tariff Team
together with the lOP Office in terms of the
following legislation: The Municipal Systems
Act and the Municipal Finance Management Act,
advising the public ofthe City of Cape Town's
6
7
TIMELINES
I
intention.
This advert is emailed to the Legal Advisors to
. February /
March
End February /
March
March
Executive
Support
Tariff Team /
lOP
Tariff Team
I ensure legal compliance.
14
oea810
8
The advert is emailed to the translator's office
for translation and publication in the local and
community newspapers.
9
The advert should advise the public of the City of
Cape Town's intention to increase/decrease,
delete or change the tariffs for that financial
year and welcome any objections by them.
(Objections only apply to rates and related
tariffs, although comments are welcome with
regards to any of the other tariffs.)
March
Tariff Team
10
The Ta riff Team will then liaise with
Communications Directorate to do radio adverts
in terms of the Municipal Systems Act (usually as
. part of the Mayor's radio talks).
April
Tariff Team /
IDP
11
The abovementioned advert and Council
report/resolution is then distributed to the
various old Administrations, Sub-council/Area
Managers and Libraries for display, together
with a display register for the responsible official
to sign, ensuring that the aforementioned
! documents are available each and every day
i until the objection period ends.
Objections/comments are then received by the
City Manager's Office. These are collected and
logged by the Tariff Team for onward
submission to the relevant officials in the
services for consideration and action where
relevant. These officials are to provide the Tariff
Team with copies of responses regarding the
:
comments/objections received. The Tariff Team
then compiles a Corporate Report for
submission to Council for consideration.
Once the prescribed objection/comment period
has expired, signed copies of the display
registers are collected from the various
! representatives.
The Tariff Team then compiles a tariff book
reflecting the previous year's approved tariffs
and the proposed new year's tariffs, including
any changes recommended by the Portfolio and
Mayoral Committees, for consideration and
approval by Council. (Check Minutes of Council
: Meetin~ for these.)
An email with the approved tariff book is sent to
the Billing Team in order for them to populate
: the billing system.
April
Tariff team /
IDP
April
Tariff Team /
IDP / Services
April / May
Tariff Team /
IDP
12
13
!
14
15
!
i
May
Tariff Team
End May
Tariff Team
I
15
000811
16
• 17
18
19
20
21
22
23
24
2S
An advert is prepared by the Tariff Team in
terms of the following legislation: The
Municipal Systems Act and the Municipal
Finance Management Act, advising the public of
the approved tariffs.
This advert is emailed to the Legal Advisors to
ensure legal compliance.
The advert is emailed to the Translator's Office
for translation and publication in the local and
community newspapers.
Once the advert has been translated into the
three official languages, copies of these and the
Council Resolution are emailed to the Provincial
Minister of Finance, Economic Development
and Tourism for information.
The abovementioned advert and Council Report
/ Resolution is then distributed to the various
old Administrations, Sub Council I Area
Managers and Libraries for display, together
with a display register for the responsible
official to sign, ensuring that the
aforementioned documents are available each
and every day until the display period ends.
Once objections/comments have been
addressed at the June Council Meeting, the
Tariff Team prepares and makes the tariff book
available on the Cityweb and the Internet.
The Billing Team should be informed of any
changes which have resulted from objections
made.
Thereafter, an email is sent to the E-nform
Team for them to notify all concerned that the
tariff book is available on the Cityweb.
All affected services are notified to commence
with the implementation of their tariffs and to
populate the billing system accordingly. Services
must ensure that front line staff have access to
or copies of the relevant tariffs and that they are
implemented as per approved tariffs only.
Confirm with internal audit to verify
implementation of the approved tariffs as from
1 July.
End May
Tariff Team
I
I
End May
Tariff Team
End May
Tariff Team
End May /
Begin. June
Tariff Team
End May
Tariff Team
End June
Tariff Team
End June
Tariff Team
End June
Tariff Team
May / June
Service /
Tariff Team /
FMF
I End June
Manager:
Inter-services
Liaison
I
16
6. NATIONAUPROVINCIAL
REQUIRED BY LAW
1.
Receive request from
Provincial/National
Department
2. Obtain approval
from the
Executive Mayor for
authority to proceed
3. Schedule first meeting of
stakeholders
4. Process planning
4.1 Formulate participation
plan
4.2 Identify project
champion
4.3 Determine desired
outcomes
Agree on timeframes
4.4
for completion
4.5 Agree on the role and
functions of all roleplayers
5. Submit to Manager
Sub-councils and follow steps
4 to 16 of procedure
guideline 1 above.
6. Compile report on the
public engagement
process.
7. Conduct pre and post
public engagement process
capacity building through
ward forums and other
structures on request
from SCM.
INITIATE~~~g~SES WHICH ARE NOT
Line Department/
Public Participation
Unit (PPU)
All processes initiated
at the instance of
Provincial and National
Departments shall
clearly identify the City
as the executing
agency in respect of
these processes, and
the Provincial or
National
department(s) as the
principal stakeholder.
Line Department/PPU
Line Department/PPU
Line Department/PPU/
Province/National
Line Department/PPU
PPU
PPU
17
000813
7. PUBLIC ENGAGEMENT TOOLS
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
· Phone in
Written Submission
FI ers
Posters
x
x
x
x
x
x
x
x
x
x
x
x
x
• Email to Community
x
x
x
Market Research
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
· Or
!
x
x
x
Internet & E-mail
Website
Cell hones
Questionnaires
Radio Interviews
• Press Releases
i C3 Notifications
· Sectoral En a ement
Radio Ads
x
x
x
x
x
8. ROLES AND FUNCTIONS OF DEPARTMENTAL STAKEHOLDERS
1. The City of Cape Town will conduct Public Engagement through its Political
Structures, Line Departments, Directorates and Consultants.
2. The Public Participation Unit will:
2.1
2.2
2.3
2.4
2.5
Provide assistance and support to stakeholders during each Public
Participation Process and in terms of the approved Public Participation
Plan.
Maintain a database of stakeholders;
Maintain, monitor and manage the Public Engagement Web Portal on the
City's Website;
Act as the link between line departments and Sub-councils in the planning
and execution of all administrative Public Engagement Processes;
Capacitate stakeholders where required;
18
000814
2.6
2.7
2.8
2.9
Be responsible for conducting training for holding successful public hearings
in terms of a set of uniform guidelines;
Co-ordinate and monitor all Public Participation Processes;
Manage the annual review of all Public Participation Processes conducted;
Compile an annual report on Public Participation;
2.9.1 The annual review and report will be completed and approved at the
end of the calendar year. This will allow the City to determine the
quality and quantity of processes conducted during the year and to
create the necessary interventions where required.
2.10 Draft an annual programme and calendar for all Public Participation
Processes for approval by the Office ofthe Speaker, Sub-councils, MAYCO
and Council
2.11 Compile an annual programme for capacity building of communities.
3. Sub-council managers will, after consultation with their respective chairpersons
of SUb-councils, be responsible for:
3.1
the actual implementation of all administrative Public Engagement
Processes within their areas of jurisdiction, excluding those processes for
which consultants have been appointed;
3.2 updating the electronic database of organizations within their jurisdictional
areas of operation including the regular review and update of, or deletion
from such databases,
3.3 Arranging and booking venues for meetings, including all logistical
arrangements relating thereto,
3.4 Arranging and the provision of all catering requirements,
3.5 Arranging and the provision oftransport where required and directed by
the Sub-council,
3.6 Arranging and the provision of all recording and other audio and visual
equipment including loud hailing,
3.7 Facilitating meetings, and providing all logistical support for the recording
of the discussions conducted, including taking minutes, attendance
registers, and interpreters where required,
3.8 All other arrangements as may be required in order to conduct and record
the proceedings at any public meeting or hearing.
4.
A Public Participation Working Committee is hereby established, whose
primary objective will be to continuously monitor, review and assess the
City's public participation strategies, processes and compliance with this
Policy, and to report thereon to Council annually.
4.1
The Committee will be chaired by the Office of the Speaker or his/her
nominee, and have the follOWing officials who will serve thereon:
Public Participation
Su b-cou ncils
Implementation and Co-ordination
19
000815
Representatives from the different line departments as identified by
the Executive Directors
The Legal Department
Communication.
4.2
The further terms of reference of this committee will be determined by the
Office of the Speaker.
20
ANNEXURE B
000816
PUBLIC ENGAGEMENT POLICY
SUPPLEMENTARY EXPLANATORY MEMORANDUM PURSUANT TO
COMMENTS FROM PORTFOLIO COMMITTEES
9 March 2009
The City's Draft Public Engagement Policy served before, and was endorsed by all Portfolio
Committees during the March cycle of meetings. In respect of four Portfolio Committees,
certain additional comment was offered, resulting in the following amendments to the Policy
Document:
THE CORPORA TE SERVICES AND HUMAN RESOURCES PORTFOLIO COMMITTEE
The recommendations of this Committee have been accommodated in the Policy on pages 6, 7,
8, 9 and 11 where the changes are indicated in bold, underlined and italics.
THE PLANNING AND ENVIRONMENT PORTFOLIO COMMITTEE
This Committee recommended the insertion of the words "at least" under item 9 on page 7 and
item 3 on page 8 of the Policy, indicated in bold, underlined and italics.
SAFETY AND SECURITY PORTFOLIO COMMITTEE
This Committee recommended that the Public Participation process needs a sectoral
mechanism as well. This matter is covered under Item 9 on Page 3 of the Policy document.
GENERAL COMMENTS
The Corporate Services and Human Resources Portfolio Committee further recommended that
"The comments of Gllr 0 Kinahan as contained in an email dated3March2009.be
considered". These comments have been discussed with Cllr Kinahan and he has indicated
that his views are adequately accommodated in the Policy.
This Committee further requested that Portfolio Committees and Subcouncils be given an
opportunity to comment on Key Performance Indicators emanating from the process outlined in
the grid on Page 8 of the Policy. This request will be accommodated in the Terms of Reference
of the Committee to be formed, which will monitor and assess Public PartiCipation for the City.
The Community Services Portfolio Committee has recommended that Cllr M. David be
nominated to serve on the ad hoc committee which formulated the Public PartiCipation policy
and which is referred to in the report.
This request will be tabled at the Committee should it be required to meet in future.
The amended Policy reflecting the changes outlined above, is attached as Annexure A 1.
=====~====:::====
THIS CITY WORKS FOR YOU
ESI SIXEKO SISEBENZELA WENA
HIERDIE STAD WERK VIR JOU