WCG DoTP APP 2023/2024

Sub-programme 6.3: Legislation: To provide in the legislative drafting requirements of the Provincial Executive. The main functions include the drafting and certifying of provincial legislation; ensuring an integrated approach in respect of provincial legislation with intra- or inter governmental implications; providing input on draft national legislation and subordinate legislation; and drafting provincial subordinate legislation. Sub-programme 6.4: Litigation: To provide a legal support service in respect of litigation, working in conjunction with the Office of the State Attorney. The functions relate to the provision of legal advice in respect of litigation instituted by or against Members of the Executive and/or provincial departments; attending to referrals to the State Attorney; managing the preparation of Constitutional Court, Supreme Court of Appeal, High Court, Labour Appeal Court, and Labour Court cases; assisting with consultations with advocates; keeping a database of litigation by or against the Western Cape Government; and advising on contingent liabilities. Legal Services has transcended its traditional service provider role and has built strategic partnerships with clients, which are informed by professional and organisational values; and which are aimed at value add and citizen impact. These partnerships have proven instrumental in resolving complex matters, not merely from a technical perspective, but through relationships, influence, trust, a sense of connectedness and credibility. Legal Services will increasingly include analytical data sourced from the programme’s activities in reports that are submitted to the Provincial Cabinet and Provincial Top Management, to demonstrate patterns, trends, weaknesses and risks that could be addressed in collaboration with provincial departments at strategic level. The analytical data will also be used to guide the programme in integrating its services by directing more re-active, multi-disciplinary energy towards transversal and strategic initiatives aimed at ensuring legally sound actions and decisions in the provision of services to the public. In performing its functions, Legal Services will prioritise regulatory enablement of the PSP and Recovery Plan and, beyond that, substantial projects to stimulate and grow the economy, as well as interventions aimed at realising strategic outcomes and enabling specific strategic and governance interventions. The programme will, in response to anticipated growing instability in the local sphere of government, dedicate resources to meeting the requirements of the Provincial Ministers of Finance and Economic Opportunities and Local Government, Environmental Affairs and Development Planning, and their respective departments, in their role of overseeing municipalities, strengthening municipalities’ capacity, monitoring their performance, and making recommendations to the Provincial Executive to intervene when necessary. The programme will furthermore, through the Provincial Treasury and Department of Local Government, provide pro-active and re-active legal services to enable municipalities to render basic services in a legally complaint manner that promotes citizens’ fundamental rights and improves their quality of life. To further embed Governance, Innovation and Culture in the Western Cape Government, Legal Services will, in the 2023/24 financial year: 7.6.3. Programme outcomes, outputs, performance indicators and targets

• Expand the scope of legal training that is presented to municipalities;

• Target new appointees in departments for legal training;

• Attend to regulatory and legal matters pursuant to the Institutional Refresh initiative to enable new or re-configured provincial departments to deliver on their mandates in a legally sound manner;

108

DOTP ANNUAL PERFORMANCE PLAN FOR 2023/2024