Parliament, Wednesday, 7 May 2025 – The Portfolio Committee on Cooperative Governance and Traditional Affairs on Tuesday agreed on a tentative draft framework for processing the Intergovernmental Monitoring, Support and Interventions (IMSI) Bill of 2023.
The committee received a briefing on the Bill introduced in Parliament on 15 April 2025. The Bill aims to tighten laws on national and provincial government support and interventions in municipalities. It is expected to serve as an essential safeguard and provide checks and balances for when one sphere of government intervenes in another sphere.
The committee heard that the Bill must remedy the challenges often experienced when government invokes sections 100 and 139 of the Constitution when one sphere of government cannot fulfil its executive obligations. Section 100 interventions provide for when a province cannot or does not fulfil an executive obligation in terms of the Constitution or legislation; the national executive may intervene by taking any appropriate steps to ensure the fulfilment of that obligation. Similarly, Section 139 interventions provide for when a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation; the relevant provincial executive may intervene.
The committee noted that there had been 24 provincial and 217 municipal interventions, each with its own challenges, including an inconsistent interpretation of constitutional provisions, weak oversight mechanisms and a lack of cooperation from municipal councils. The Bill addresses these challenges by regulating the conditions, processes and oversight mechanisms for effective interventions.
The Bill’s seven-chapter structure includes, among other things, provisions for early warning systems to detect and prevent governance failures and mechanisms to request and implement national and provincial support. The Bill also creates certainty by defining critical terms such as “executive obligation” and provides some clarity on appointing administrators.
The committee, however, stressed the need for transparency in these appointment processes. It also highlighted that greater scrutiny is needed for all municipal appointments, not just administrators. Members believed that the transparency that is needed should extend to verifying all qualifications. The committee also flagged political interference in municipal administration and said the Bill should address these blurred lines between the political and administrative interface. The committee also stressed that the spirit of the Bill should be more preventative, especially by strengthening Chapter 5, which provides for early warning systems, among other things.
Welcoming the presentation, the committee adopted a draft framework to guide the committee’s processing of the Bill. According to the draft framework, a call for public submissions will be advertised by 20 May, with a submission deadline of 4 July 2025. The committee is expected to receive a report on the summary of submissions by 18 July, after which it will decide on the dates for public hearings.
Highlighting the importance of public participation, the committee resolved to refine the framework with exact dates in its next meeting. It also urged the public and local government stakeholders to participate in the legislative process, which intends to strengthen intergovernmental cooperation and ensure all municipalities work in service of communities.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON COGTA, DR ZWELI MKHIZE.
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