BUSINESS PLAN FOR THE MAKANA MUNICIPALITY FOR A MUNICIPAL COMMUNITY PARTNERSHIP PROJECT

Similar documents
SOLID WASTE MANAGEMENT MASTER CLASS

Executive Summary 19

FREEDOM OF INFORMATION ACT 2000 NEWRY, MOURNE AND DOWN DISTRICT COUNCIL PUBLICATION SCHEME

Participatory rural planning processes

Community Participation in Solid Waste Management

Solid waste management in Jijiga, Somali Region

Report of the committee set up to frame National Sustainable Habitat Standards for the Municipal Solid Waste Management

FY Budget Presentation Department of Environmental Services

Introduction & Topics of Discussion

Expanded Public Works Programme [EPWP] Policy

RESIDENTIAL WASTE DIVERSION STRATEGY November 30, 2015

WASTE MINIMISATION CAMPAIGN BRIEFING PACK February June 2016

TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT 17 STORMWATER MANAGEMENT PROGRAM TPDES PHASE II MS4 GENERAL PERMIT (TXR040000)

East Hampshire District Council and Winchester City Council Grounds Maintenance and Street Care Contract

SUNYA - Towards Zero Waste Initiative of Coimbatore City Municipal Corporation

Public Private Partnership Procurement and Opportunities.

Africa Review Report on Waste Management (Executive Summary)

Long Term Waste Management Strategy Phase 3 Public Consultation Survey

Presentation Overview

KEYS TO SUCCESS WHEN REPLICATING THE BIOCHAR PROJECT

9. Implement a curbside (residential) Green Bin program. 10. Implement bi-weekly (same day) garbage collection

EPWP GUIDELINES ANNEXURE C 1. ROLES AND RESPONSIBILITIES. 1.1 EPWP Steering Committee

African Barrick Gold plc (the Company or ABG ) North Mara Update

Press ESC to exit CLEANSING AND SOLID WASTE UNIT SIPHIWE R MAKHANYA MANAGER: STRATEGIC AND NEW DEVELOPMENT MILE MASTER CLASS: MAY 2013

Operation Sukuma Sakhe Service Delivery Model TRANSITION FROM THE INFORMAL TO THE INFORMAL ECONOMY DIALOGUE March 2018

BRINGING BIOCHAR TO YOUR CITY LESSONS FROM THE STOCKHOLM BIOCHAR PROJECT

Ministry of Education. Toronto District School Board Follow-up Report to the Operational Review

2018 Budget Work Session. August 18, 2017 Brandon Scott Bennett, Code Compliance Director

3. WORKING RELATIONSHIPS: Relationship with co-workers shall be guided by the following tenets:

Appendix D Corporate Strategy Performance Report Quarters 1 & /17. Jo Morley-Hill, Programme and Performance Manager

15. Create a Waste Reduction and Reuse Coordinator position within the Solid Waste Management Division

WHITE URBAN TRADING. Reg Number: 2010/017257/23 BEKKERSDAL 1779 CELL NUMBER: TEL NUMBER: FAX NUMBER:

City of Edmonton Waste Services Public Engagement Non-residential Online Survey

Recycling and Zero Waste

Appraisal of domestic waste collection system in Emfuleni Local Municipality: what goes wrong when volumes of waste are strewn all over the area?

Understanding. Western Australian Local Government

Need for Decentralised Waste Management in Zanzibar. Swati Singh Sambyal Programme Manager Centre for Science and Environment New Delhi, India

Press ESC to exit CLEANSING AND SOLID WASTE UNIT

DECENTRALIZED INTEGRATED ORGANIC WASTE MANAGEMENT FOR URBAN AREAS IN THE DEVELOPING WORLD

implementation of various Government programmes.

Director, Building and Infrastructure Maintenance (New position)

THABA CHWEU LOCAL MUNICIPALITY

Projects in which the labour content has been optimised and will in most projects comprise between 30% and 80% of the project costs.

City of Columbia 701 East Broadway, Columbia, Missouri 65201

ANNEXURE B EPWP SECTOR PLAN CITY OF JOHANNESBURG ENVIRONMENT & CULTURE SECTOR FOR THE

Terms of Reference: Evaluation of UnitingWorld Project, Rural Water Supply and Sanitation Project.

SENIOR PROJECT MANAGER

DOCUMENTING COMMUNITY BASED DOMESTIC WASTE COLLECTION PROGRAMMES IN SOUTH AFRICA

Summary of Evaluation Results

Social Value Training Materials March 2015

Why is it important that we divert waste? Our landfill is filling up. Every year we are adding almost 100,000 tonnes of garbage.

APPENDIX TO CHAPTER 1

Gender-Inclusive Approaches. in Urban Development

Chichester District Council. Against Litter. A Litter and Fly Tip Action Plan for Chichester District

Waste management service charges

City of Elgin, Illinois

Solid Waste Management in Itahari Municipality

Composting Organic Waste in Santa Cruz County

Internal Audit Implementation Status Report

Nestor Resources, Inc.

PROGRAM 1 MANAGEMENT AND OPERATIONS ACTION STEPS RESPONSIBLE FREQUENCY per year

Produced by SANRAL N2 WILD COAST ISSUE 3 DECEMBER Province of the EASTERN CAPE REPUBLIC OF SOUTH AFRICA. Vul indlela

Country Report on Waste management in Sri Lanka Status, Achievements and Challenges

Manningham Works Code of Practice

Solid Waste Management in Kalaiya Municipality

TEXAS DEPARTMENT OF TRANSPORTATION COLLECTION AND REMOVAL OF COMPOSTABLE MATERIALS YARD AND FOOD WASTE

CHAPTER 7. STRATEGIES AND RECOMMENDATIONS

Municipal entities: Governance challenges. Public Sector Working Group: Discussion Paper 1

SECTOR ASSESSMENT (SUMMARY): WATER AND OTHER URBAN INFRASTRUCTURE SERVICES 1

Peterborough Housing Corporation Job Description

Background Location Objectives Project Activities Project Outcomes Benefits + Consequences

1. Yard Trimmings are a Valuable Resource and Should be Diverted From Disposal

BRIEFING OF NCOP ON NOTICE OF INTERVENTION: WALTER SISULU LOCAL MUNICIPALITY 15 MAY 2018 MEC: F.D.XASA

International developments in measuring the informal sector and informal employment. Technical Notes No. 01: Conceptual Framework

Community Waste Management Initiatives Across India! Case Study 1: Waste Pickers in Pune and KKPKP! Written by: Mariam Abazeri! 3 June, 2014!

Preliminary Description of Composting Potential Action Research Pilot

AUDIT UNDP COUNTRY OFFICE CAMEROON

Scavenger Request for Proposal Changes City of Palos Hills S. Roberts Road, Palos Hills Il October 18, 2011 / 10:00 am

HIGH EFFICIENT FURNACE REPLACEMENT PROGRAM FOR LOWER INCOME MANITOBANS

Manager Organisation Development (03) APPLICATIONS

1.1 This policy sets out how the Constabulary will manage employee redundancies.

Domestic waste management practice in the North West province of South Africa

Optimising social inclusion in urban water supply in Ghana

Through Local Goverment. Through Local Goverment

Honorable Mayor and Members of the City Council. Residential and Commercial Refuse Collection Fees: FY 2013 Annual Inflator

Sustainability Plan Colombia

LANTRA. Highways Sector Scheme 12D SKILLS. TRAINING CENTRE

Conclusion & Recommendation

Follow-Up on VFM Section 3.13, 2016 Annual Report RECOMMENDATION STATUS OVERVIEW

VACANCY ANNOUNCEMENT

City of Sultan Request for Proposals City Attorney Services

Waste & Recycling Services Outlook for 2018 to 2025

COUNCIL VOLUNTEER POLICY FRAMEWORK

Terms of Reference (TOR) Livelihood Support to Resettled Communities under the project of Support for Sustainable Resettlement in Sri Lanka (SSRS)

Local Government Responses to HIV/AIDS 21

Institutional framework Matale (Sri Lanka)

Solid Waste Management Services recommended 2015 Operating and Capital Budgets and Rates Divisional overview:

4-6 Peel Street North, Ballarat. General Manager, Employment Services & Centacare Housing. Labour Market Industry Award

Lands Neil Brown, GM City Infrastructure and Public Works

Rochford District Council February Guide for Candidates on being a Member of Rochford District Council

Transcription:

BUSINESS PLAN FOR THE MAKANA MUNICIPALITY FOR A MUNICIPAL COMMUNITY PARTNERSHIP PROJECT Prepared by 65 Havelock Street Central Port Elizabeth 6000 041 585 4017 041 585 1226 usg@global.co.za

TABLE OF CONTENTS 1. SUMMARY DESCRIPTION OF PROJECT PAGE 3 2. PROBLEM STATEMENT PAGE 4 3. PROBLEM RESPONSE PAGE 4 4. PROPOSITION TO MAKANA PAGE 5 5. PROJECT OUTPUTS PAGE 6 5.1 An Effective Waste Collection and Disposal Service PAGE 6 5.2 An Effective Garden Refuse Collection Service PAGE 6 5.3 Enhancing the Urban Greening Process PAGE 7 5.4 Improving the Storm-water and Road Maintenance PAGE 7 5.5 Improving Access to Cemeteries PAGE 7 5.6 An Effective River Bed Maintenance PAGE 8 5.7 Generation of Future Opportunities PAGE 8 5.8 Services to be Delivered PAGE 8 6. PROJECT COSTS PAGE 9 7. PROJECT IMPLEMENTATION ARRANGEMENT PAGE 10 8. MONITORING RPOCESS PAGE 11 9. STEPS TO IMPLEMENTATION PAGE 12 10. PROJECT IMPACT PAGE 13 11. PROJECCT RISKS PAGE 14 ANNEXURES DETAILED BUDGET RECRUITMENT POLICY CONTRACT APPLICATION FORM ANNEXURE A ANNEXURE B ANNEXURE C ANNEXURE D 2

PROJECT LOCATION: Ward: Ward 11 and Ward 12 City: Grahamstown Municipality: Makana Municipality District: Province: Cacadu District Eastern Cape Date of information: 25 August 1. SUMMARY DESCRIPTION OF PROJECT A Municipal Community Partnership (MCP) seeks to develop collaborative relationships between communities and municipalities. It seeks to get these two key social actors to come together and work hand in hand to deliver a range of basic maintenance services like household solid waste collection, litter picking, dump clearing, storm water system maintenance, grass cutting, road maintenance and cemetery maintenance. The approach requires that both communities and municipalities supported by an NGO (where feasible) set up an independent not for profit organization that employs labour, management and contractors to deliver these services. The purpose of the formal partnership organization would be to create legal capacity to employ, contract, finance, partner and deliver effective municipal services in a cost efficient labour intensive manner. The approach can also employ local contractors and therefore provide opportunities for SMME development where such an opportunity arises. The employing of donkey carts to remove waste from within the community to the temporal collection point and local trucks to remove it from temporal collection point to the landfill site are two such opportunities. 3

2. PROBLEM STATEMENT The community of Tantjie is not satisfied with the municipal services that are rendered in the area. The municipality recognizes that there is room for improvement in the level of service delivery in the area. Even though domestic refuse is collected weekly in most households in Tantjie, the area has skips and containers that are over flowing with domestic solid waste. The skips were provided as garden refuse collection points but currently garden refuse neither finds its way to the skips nor the containers, it is dumped in illegal dumping sports that are in every street in Tantjie. The street verges and storm-water channels are not maintained and are a destination for domestic refuse and litter. The area lacks greening and this is partly because of stray animals that are within the community. There are no parks in the area and all open spaces are used as illegal dumps. 3. PROBLEM RESPONSE The Urban Services Group () an affiliate of the Urban Sector Network (USN) (See Annexure A for members of USN) is facilitating the process of establishing a Municipal Community Partnership (MCP) for service delivery in Makana Municipality. The MCP is being formed between the Makana Municipality and community-based development organizations resident in Tantjie. The emphasis of this partnership is to address and enhance service delivery in Tantjie and in the process create work opportunities for unemployed persons in the project area. The MCP has been adopted by the USN as one of the components of its habitable environments and community development programme that it implements within the sustainable livelihoods framework. Built Environment Support Group (BESG), an affiliate organization of the USN first piloted the programme by facilitating a partnership between Msunduzi Municipality and community-based organizations in Pietermaritzburg. The program has been successfully implemented in Msunduzi Municipality and is being rolled out by the USN throughout the country to expand the economic, social and environmental benefits associated with the programme. The Makana Municipality showed keen interest in implementing the programme and various presentations of MCP programme were conducted to define the advantages and disadvantages of implementing the programme. These presentations were attended by councilors, municipal officials, politicians and other community stakeholders in the Makana Municipality. The presentations were well received by the Makana community and thus a mayoral resolution was then passed on the 23 rd of February (See Annexure B) to investigate the feasibility of implementing a MCP in Tantjie. A livelihoods assessment conducted by the USN during March in Tantjie interviewed community members from different livelihoods categories. Conclusions were drawn from the assessment and interviews were held with Municipal officials to 4

triangulate information collected from the assessment. A feasibility study was conducted by, adhering to the processes as outlined by Section 78 of the Municipal Systems Act. The feasibility report was submitted to Makana in August. A meeting was held with municipal officials on 19 August and was requested to submit a business plan. The project aims to create a habitable living and sustainable environment through a labour intensive approach to service delivery. 4. Proposition to Makana Municipality The Urban Service Group is proposing to Makana Municipality a Municipal Community Partnership model that will address some of the problems confronting the municipality and its residents as listed in the problem statement contained in this document. The proposal will proceed in a brief way to describe the project objectives, project outputs, project activities, inputs (budget) and provide a preliminary project plan. A. Overall Project Objective To create and maintain habitable living environments for all the residents of Tantjie Community through the implementation of a municipal community partnership project. A.1. Specific Objectives / Project Purpose To improve the household solid waste collection service and waste disposal service for residents in Tantjie through a labour intensive door to door collection system and a local contractor operated waste disposal system; To improve the garden refuse collection service to residents of Tantjie through improved disposal systems that make use of community garden refuse sites, composting and local contractors; To enhance the urban greening process in Tantjie by planting grass, plants and trees on every household site and other public open spaces; To maintain the urban green environment in Tantjie through transformation of public open spaces into community parks and playgrounds; To improve the functioning of the storm-water system in Tantjie through regular cleaning of channels and catch pits; To improve and maintain cemeteries and community facilities through regular grass cutting, leveling of grounds and general cleaning; 5

To provide any other infrastructure maintenance and environmental management service that maybe required from time to time on the request of the Makana Municipality. To provide general maintenance of riverbeds and to do ongoing environmental education. 5. Project Outputs 5.1 An Effective Waste Collection and Disposal Service through the CBMP is proposing a weekly door-to-door collection system across the entire community of Tantjie. Community members will be required to place the bags of refuse on street verges in front of their yards where CBM workers will collect it and put at the end of each street. The workers will then load the refuse bags on the donkey carts and once full, the carts will be unloaded at the temporary collection point and return to their duties. Each team will be given a predetermined area to collect refuse from, with a performance target to achieve. Once the entire area s waste has been collected, the municipal truck will come into the area to be loaded by the workers at the temporal collection point and transport the waste to the landfill site. The team of workers responsible for each area will be sourced from the unemployed residents of that area through an agreed recruiting process. Their responsibility to collect waste will be communicated to each resident in the area for the purposes of encouraging cooperation and accountability. All collection and disposal activities will be undertaken in one day. Workers will be expected to collect household waste on collection day whilst litter picking from the streets and open spaces and the clearing of random dumping areas will occur on the day prior to collection day. 5.2 An Effective Garden Refuse Collection Service The solution to all waste collection problems is to firstly reduce the amount of waste to be collected. In this case residents need to be made aware and supported with regard to developing effective composting techniques. Prior to implementing any further strategies for improved garden refuse collection services it will be necessary to undertake a rapid and brief feasibility study into garden refuse collection issues in Tantjie. Of primary importance will be to determine the types of garden refuse; quantity of garden refuse and frequency / seasonality of such refuse. This will enable a system to be developed that fits the local context. It is possible to design a labour intensive garden refuse collection service that operates on a monthly basis. Workers on the projects will go to each household on a monthly basis and seek to collect garden refuse; they will provide waste bags for the disposal of 6

such refuse. On the same day that domestic waste is collected, garden refuse will be collected and will be disposed of in the same way as domestic refuse. All waste collection services require community cooperation and legal enforcement to be effective. An intensive community awareness project will be implemented to make residents aware of the nature of the new collection systems. Alongside the awareness project a set of rules / code of conduct needs to be developed with community participation for waste management issues. The code will be policed by CBM workers and residents. 5.3 Enhancing the Urban Greening Process In order to implement an effective urban greening program, the problems of stray animals have to be dealt with by the Municipality and the community. Once the rules for the management of these stray animals have been established and implemented, the urban greening process in public spaces can commence. The urban greening process on residential property can commence at the outset of the program whereby the Municipality or other relevant agencies (like Trees for Africa) can supply residents with trees for planting on their sites. The residents will then be responsible for maintaining the trees. Further programs like Adopt a spot, whereby community members will be encouraged to adopt the open spaces within the community and convert them into gardens and parks. Parks department will be required to assist in capacity building and in developing these parks. An important element of this will be a community awareness and education program on the urban greening process. 5.4 Improving the Storm-water System and Road Maintenance A regular maintenance service will be provided for the areas storm-water channel. Where the channel will be cleaned and maintained. The streets will be swept and the verges will be cleaned and maintained. The workers will repair potholes and the municipality will be required to assist in capacity building in this regard. 5.5 Improving Access to the Cemetery A grass cutting, litter collection and ground leveling service can address the maintenance problems on the cemeteries around Tantjie and can be easily included as an element of the CBMP. Parks department will be required to provide capacity building on ground leveling and grass mowing. 7

5.6 An Effective River Bed Maintenance The CBM workers will collect litter around the river and will do general maintenance of the riverbeds. The workers will be properly trained to perform this task. 5.7 Generation of future opportunities The project will create spin-offs for the local community and a waste recycling project for the unemployed youth of Tantjie is but one opportunity that comes to mind. Once the program is operational, this and other opportunities can be investigated. 5.8 Services to be delivered: Day 1: Cemetery Maintenance (extension 1, 7 and Mayfield) Grass Cutting Litter picking Ground leveling Grass Planting Fencing Day 2: Street Cleaning and Road maintenance Leveling of Potholes Street sweeping Cleaning of verges Day 3: Maintaining Grounds in Public Facilities and Urban Greening Grass cutting Tree planting Day 4: Door-to-door refuse removal Day 5: Maintenance of storm-water channels and river beds Dump clearing Litter picking Weed clearing 8

6. PROJECT COSTS The table below is the summary of the project costs; Budget Categories Total costs Year 1 % of total costs Total costs Year 2 % of total costs Personnel 411,268.00 58.4% 411,268.00 60% Costs Overhead 74,500.00 10.6% 26,500.00 4% Costs Waste 54,000.00 7.7% 75,00.00 11% Transfer Facilitation 100,000.00 14.2% 100,000.00 15% Costs Contingency 63,970.00 9.1% 61,276.80 10% @ 10% Total costs 703,744.80 674,044.80 Monthly Household costs R39.10 R37.48 The difference in costs in year one and year two can be explained by the many costs in year one that are once-off, non-recurring set-up costs. The project can create 42 work opportunities for unemployed residents of Tantjie and a minimum of five opportunities for local contractors (donkey carts). 20 maintenance worker posts (two groups rotating fortnightly) 1 supervisor post 1 office administrator post Private Contractor 5 donkey carts However, for the project to run efficiently a local contractor truck would have to be hired to transport waste from the temporal collection point to the landfill site. This would allow municipal trucks to concentrate on other areas of Makana and would allow the CBM to have total control in the delivery of the refuse removal service in Tantjie. 9

7. PROJECT IMPLEMENTATION ARRANGEMENT The following institutions should form a partnership; - Makana Municipality (the Municipality) - Community-based development organizations from Tantjie community (LDO). - The Urban Services Group (), an NGO. The roles of each institution can be described as follows: The Municipality - Determines the services and level of services to be delivered. - Monitors the level and quality of the services delivered. -Provides support services where required. -Provides initial funding of the program. The Project Management Body (Section 21 Company) - Manages the project and is responsible for quality control - Builds community ownership of the program. - Builds community involvement in developmental local government. - Develops financial and management skills to sustain the program. - Promotes good and responsible citizenry, neighborhood pride and environment friendly practice. The is a support organization and will not be a permanent member of the partnership. Its primary task is to assist the MCP to become self-reliant. The following are the tasks of the ; - Facilitates the establishment of the partnership. - Provides training and capacity building for the partners, other stakeholders and the workers. - Assists in the development of management systems and procedures. - Facilitates the selection for employment of Tantjie residents in the program. - Facilitates the implementation of the program. - Assists in sourcing external resources. - Responsible for setting up the office and for the initial procurement processes. Institutional Arrangement The legal persona for the MCP should be a Section 21 Company. The representation on this body should be agreed to by the two principal parties i.e. the LDO and the Municipality. A 60% Municipal representation is recommended at this stage of the MCP. The local development CBOs and Tantjie community should through a selection process fill the remaining 40%. The through a Memorandum of Understanding (MOU) will formalize its involvement in the program with the MCP. 10

The following is a representation of the arrangement: FACILITATORS MAKANA MUNICIPALITY LOCAL DEVELOPMENT ORGANIZATIONS PROJECT MANAGEMENT STRUCTURE CBMP ADMINISTRATOR SUPERVISOR CBMP WORKERS 8. MONITORING PROCESS The municipality will monitor the project through; - Monthly reports that will be submitted by the board of the section 21 company to the relevant portfolio committee of council. - Adhoc site visits will be taken by council The community will monitor the project through; - A monitoring and evaluation tool that will be designed and work-shopped by. - Citing improvement in the area serviced. 11

The CBMP Administrator will monitor the project through; - Reports from the supervisor and by monitoring the completed tasks as per performance based worked schedule - Monitoring if the workers adhere to contractual agreements The supervisor will monitor the project through; - A performance based work schedule that will be designed and daily tasks will be mapped out for the workers to complete. - Remunerations will be paid for tasks completed. 9. STEPS TO IMPLEMENTATION TASK TIMEFRAME WHO OUTPUT INDICATOR 1. Lobby with Makana 30 August and Mrs. Go-ahead for Council Resolution officials and Unions Madlavu project approval 2. Business Plan 30 August Comprehensive Implementation Plan produced Business plan and performance based work-plan Development of Recruitment contracts Development of Recruitment criteria 3. Secure 100% funding for first year of the project 30 August 30 August 01 October Mrs. Madlavu Ensure an effective working relationship Ensure that the right people are employed. To ensure implementation and smooth running of the project Recruitment contracts developed Recruitment policy designed Council resolution 4. Capacity Building Ongoing To foster partnerships and formalize the institution Different stakeholders to understand their roles 5. Form Partnership organization November Build formal partnership Section 21 Company set up Recruit members to 12

serve on section 21 company Capacity building of board members Registration of company 6. Pre-Implementation Set-up Office set-up Procure CBM Material 30 September 15 September Board and To ensure smooth running of the project CBM office Policy document and contracts. Recruitment of workers, administrator and supervisor 31 October Board and To employ competent workers Workers employed Tender for local contractor (donkey carts) 01 October and Board To ensure effective waste transfer method Advertisements, tender document Award tenders Capacity building of workers 15 November 30 November and Board To ensure effective waste transfer service To ensure productivity Local contactors contracted Workers understand their duties 13

10. PROJECT IMPACT This model uses an intensive labour approach to service delivery in order to create jobs and to reduce poverty. For every 75 households in Tantjie, one job is created. The project focuses on community participation which is a key goal of national government. It encourages community participation and ownership of the project and thus building civic pride. It immediately addresses the concerns of the community on environmental issues. It is monitored and managed by the local people. Community members play an effective role in waste management and presents entrepreneurial opportunities recycling, gardening and composting. It focuses on building the capacity of the community in different areas of local development. It builds the capacity of local leaders in order for them to provide effective leadership in very complex development interventions. It promotes good governance. 11. PROJECT RISKS The project has been successfully piloted in Kwazulu Natal by The Built Environment Support Group (BESG) for the past four years and experiences and lessons can be drawn from that. The project has won national and international awards. Moreover, the core objectives of this project now make up the central tenets of the Extended Public Works Programme. Finally, the project cannot proceed in Tantjie without the approval of the Makana Municipality. The project will at all times adhere to all South African laws and regulations. The key legislation that applies to this project are the Municipal Systems Act, The Municipal Finance Management Act and the Labour Relations Act. The bulk of the project finance will be required for the day to day running of the project. A commitment from the municipality is required for the initial funding of the project. To sustain the project over the years, funding will have to be sourced from private donor institutions. The financial liabilities of the project will also be the responsibility of the independent legal entity (section 21 company). The trustees or directors of the entity will thus have fiduciary responsibility for the affairs of the legal entity. 14