PROVINCIAL SUPPORT MUNICIPAL FINANCE PRESENTATION TO THE SALGA LIMPOPO FINANCE WEEK 7-8 February 2013 General Manager: Municipal Finance Mrs Joey Krishnan CONTENT • • • • • Mandate Stakeholders Principles and Approach Support Initiatives Institutional Arrangements and Municipal Engagements • Audit Outcomes and Financial Results • Challenges • Recommendations MANDATE • Constitution – Sections 155 and 139 – Monitoring – Support – Capacity Development – Intervention MANDATE • Municipal Finance Management Act, 2003 – Supervision over local government finance management – Chapter 2 • Monitor and assess – – Budget preparation and implementation, including expenditure; revenue collection and borrowing Compliance – Capacity Building – Chapter 5 • • • • By agreement assist in building capacity Support efforts by municipalities to identify and resolve financial problems Monitor and share results Inter-governmental relations in fiscal and financial relations – Intervention – Chapter 13 • • Discretionary Mandatory – Various executive obligations of the MECs for Finance and Local Government • • • • • In-year monitoring and reporting to the Provincial Legislature Budget intervention – section 26 read with section 55 Unauthorised, irregular, fruitless and wasteful expenditure – section 32(4) Councillor’s Remuneration – section 167 Annual Reporting – section 131 MANDATE • Municipal Systems Act, 2000 – Co-operative government – section 3 • Principles of co-operative government – section 141 of the Constitution • Must within the constitutional system of co-operative government, exercise executive and legislative authority in a manner that does not impede a municipality’s ability or right to exercise its legislative and executive authority – – – – Develop common approaches Enhance co-operation, mutual assistance and sharing of resources among municipalities Find solutions for problems relating to Local Government generally Facilitate compliance with the principles of co-operative government and intergovernmental relations – Various executive obligations of the MECs for Local Government • • • • • • IDPs Appointment of section 57 managers Municipal Performance Management Monitoring – section 105 Investigation – section 106 Councillor discipline MANDATE • Municipal Structures Act, 1998 – Powers and functions – Full time councillors – Participation by Traditional Leaders in municipal councils • Municipal Property Rates Act, 2004 – Establishment of Valuation Appeal Boards – Provincial monitoring and intervention – section 81 • Intergovernmental Relations Framework Act, • Disaster Management Act • Various other legislation pertaining to Local Government STAKEHOLDERS • Municipalities – Locals and Districts – Metros • • • • • • • Mec for Local Government Mec for Finance Organised Local Government – SALGA National and Provincial Sector Departments Community Legislature Professional Bodies PRINCIPLES AND APPROACH • Principles – Primary responsibility to avoid, identify and resolve financial problems in a municipality rests with the municipality itself – MFMA section 135 – Accountability is critical • Department is accountable to the Provincial Executive, Legislature, National Minister and Legislature • Municipal officials and councils are accountable within the municipality, to the MEC for Local Government and to the community – Respect for mandates • Approach – COGTA to perform its monitoring, capacity building, support and intervention role • Support does not entail doing the work of officials employed in municipalities – – – – COGTA to promote a single window of co-ordination Continuous engagement and dialogue Good working relations amongst provincial and municipal officials Politics managed SUPPORT INITIATIVES • Operation Clean Audit – Preparation of Annual Financial Statements – Audit response plans and eliminating audit queries • • • • • • Reconciliations Clearing of Suspense accounts Grants Fixed asset registers/loan registers/investment registers Cashflow analysis and projections Internal controls – Annual reports – Oversight reports – Training of MPACs • 865 Councillors and officials trained in 61 municipalities in collaboration with Provincial Treasury, SALGA KZN, Auditor-General and the Provincial Legislature APAC members SUPPORT INITIATIVES • Operation Clean Audit – Programmatic support • • • • • • • Simplified Revenue Plans Expenditure Management Unauthorised, irregular, fruitless and wasteful expenditure Economic Viability assessment Legislative Compliance Proactive Anti-corruption programmes Investigations – Ad hoc municipal assessments SUPPORT INITIATIVES • Other Support Activities and Programmes – Filling of CFO posts in particular as well as other section 57 managers • • • • Interview questionnaires Technical assessments Advisor at interviews Interim deployments including payment where necessary – MPRA • • • • SCM Condonations and extensions of GVs Data Management Valuation Appeal Boards – Standard Operations Manual – Compliance Monitoring INSTITUTIONAL ARRANGEMENTS AND MUNICIPAL ENGAGEMENTS • • • • • • • Audit Committees AG Engagements District Area Finance Forums Provincial CFO Forums MPACs EXCO and Council meetings MEC engagement with non-compliant and poor performing municipalities • MUNIMEC • Mediation • Community facilitation on financial matters AUDIT OUTCOMES Type of Opinion 2010/2011 2009/2010 2008/2009 Number % Number % Number % 5 8% 0 0% 0 0% 46 75% 53 86% 44 72% Qualified 8 13% 6 10% 8 13% Adverse 1 2% 1 2% 0 0% Disclaimer 1 2% 1 2% 9 15% TOTAL 61 100% 61 100% 61 100% Financially unqualified (with no other matters) Financially unqualified (with other matters) AUDIT OUTCOMES MATTERS OF EMPHASIS AUDIT OUTCOMES – MAIN ISSUES • • • • Ethical discipline resulting in irregular expenditure Financial discipline with monthly and daily reconciliation activities not performed Lack of dedicated resources and interpretation of GRAP Governance structures not in place including the following: – MM and CFO (not same persons) – Availability of key officials during the audit – Inadequate oversight on financials and predetermined objectives • • • • • • • Lack of supporting documents (proper filing of information) Low capacity municipalities – full GRAP compliance Adoption of GRAP 17 – fixed assets Misinterpretation and application of standards Lack of understanding of requirements for previously determined objectives Consultants did not achieve objectives and lack of monitoring Lack of adequately skilled resources on financial and performance information TRACKING FINANCIAL RESULTS • • • • • • • • • • • Revenue Grant Dependency Conditional Grants Cash and Cash Equivalents Short Term Debt Bank Overdraft Creditors Debtors Repairs and Maintenance Councillor Arrears Employee Related Costs CHALLENGES – 2011/2012 • The following factors either independently or in combination led to challenges in municipalities and the overall regression in the province; – Local Government elections – 80% of councilors totally new, impacting on the reduced ability of councils to exercise effective oversight on financial and predetermined objectives. – Section 57 management contracts expiring or terminated leading to administrative instability, impacting on availability of officials during the audit. Lack of commitment by officials whose contracts were extended on a month to month basis. Statistics that are significant: • 19 municipalities had acting, consulting or month to month CFOs and vacancies • Five municipalities did not have audit committees • Two municipalities internal audit units were not functional or in place – Political instability in mainly coalition led municipalities as well as a few others created governance instability, poor decision making and indecisiveness impacting on the filling of key positions of section 56 managers including MMs and CFOs. – The lack of dedicated staff to deal with predetermined objectives and performance management and limited knowledge and skills in this area. RECOMMENDATIONS • • • • • • • • • • • • • Political Leadership Administrative Leadership The right skills in the right place Effective municipal oversight Effective provincial monitoring Sharing of results of provincial monitoring and continuous engagement with municipalities Institutionalising provincial support and being relevant to municipal needs Accountability and the right Attitude Collaborative and holistic approach Respect for statutory obligations Good Relations and trust amongst provincial and municipal officials Complementing and supplementing municipal gaps Reducing dependency on consultants and effective management of service providers General Manager: Municipal Finance 6th Floor Southern Life Plaza 271 Church Street Pietermaritzburg, 3200 Tel: +27(0) 33 355 6562 Fax: +27(0) 33 355 6292 E-mail: joey.krishnan@kzncogtal.gov.za hodenquiries@kzncogta.gov.za Website: www.kzncogta.gov.za