Page 36 - Service Delivery Review_Volume 14_Number 3_2022

N W Sec 100 Intervention

The IMTT notes that issues of consequence management ■ The lines of accountability when administrators
were beginning to take root and gain ground in the prov- assume the role of accounting officers.
ince. Many officials implicated in maleficence are under- ■ The role of the Premier, when the Premier’s Office
going disciplinary processes, while others resigned, were is put under section 100(1)(b).
dismissed, or faced criminal charges, which bodes well for
the return to the rule of law and order in the province. While The team drafting this legislation has drawn on the rich ex-
the slow pace that criminal investigations seem to take in periences coming from the North West intervention in the
reaching the courts remains a source of frustration and con- version of the IMSI bill that is going to Cabinet.
cern to many, the IMTT is satisfied with the progress that
had been registered so far. Successful prosecution of crimi- Capacitation and securing of intervention teams are vital.
nal and corruption cases is understandably a complex pro- Intervention teams should not be directly dependent on re-
cess and requires meticulous work. sources from the department under intervention. We have
learnt from the North West experience that a well-resourced
Sadly, collapse and continuing instability in several munici- and capacitated project management office is required to
palities are of high concern with grave consequences for insulate the intervention from a hostile or dysfunctional
the delivery of services in communities. Much of the source environment and deliver at the required pace and effective-
of this instability is disagreements and political infighting ness. Security and protection should be provided based on
within some municipalities. The provision of basic munici- ongoing and timeous security risk assessments.
pal services remains critical now as it was at the start of the
intervention. For this reason, the IMTT is facilitating the im- On the question of consequence management and criminal
plementation of rescue plans and the formation of imple- investigations, the North West intervention has been chal-
mentation teams in severely compromised municipalities. lenged by slow progress in finalising disciplinary and crimi-
The adoption and implementation of a single plan based on nal cases. The reasons for this include:
the District Development Model (DDM) is a mechanism for
making sure that service delivery transcends instability and ■ Reliance on provincial resources (legal and HR) to
prioritises the needs of communities. run disciplinary processes

■ Repeated delays and postponements
Lessons learned
■ Lack of dedicated teams from outside the province
The past four years in the North West have provided valu- to investigate, coordinate and manage disciplinary
able lessons, educating us from the political and legislative processes
to the practical and operational levels. At the political level, it ■ Poor coordination and cooperation between law
is critical to recognise that section 100(1) interventions nec- enforcement agencies
essarily take place in complex, dysfunctional and potentially ■ Lack of cooperation from provincial departmental
hostile environments. Although administrative in focus, the officials, fearing for their safety and jobs after the
intervention must deliver results in contested environments intervention is withdrawn
where forces both inside and outside the formal structures ■ Lack of capacity for investigating complex
of government seek to frustrate and undermine the efforts commercial crimes.
of the intervention teams. Administrators and teams have
faced threats and intimidation, which have required decisive Strategies to address these challenges are required for
political action. Without the necessary political support, in- a successful intervention, as the lack of rapid and visible
tervention risks failure in the face of hostile forces. The plan- consequence management creates a culture of impunity
ning, resourcing and implementation of interventions need amongst wrong-doers and a “wait-and-see” approach from
to take account of the environment. This requires close co- potential local allies of the intervention. It is also important
operation between the political, administrative, and security that records in departments under administration are se-
functions involved, at all stages of the project. cured at the outset to ensure that evidence of wrong-doing
is not destroyed.
The intervention has thrown up many issues that have
helped refine forthcoming Inter-governmental Monitoring,
Support and Intervention (IMSI) legislation and regulations.
These include:

■ Roles of the Premier, the Provincial Executive
Council and the Provincial Legislature during an
intervention that has been invoked for an entire
province.
■ Managing the transition from one administration to
another (following elections) under conditions of
intervention.

36 Volume 14 No.3 of 2022 | SERVICE DELIVERY REVIEW