Describes how the municipality are created on sections of the provisions of the charter of the Republic of South Africa,1996 and similarly law.
On this assignment the categorisation, composition, capabilities, public officials and other huge topics referring to municipal councils are defined in greater detail. The council is the legislative and government organisation inside the activities of each municipality. Therefore, its far critical that councils and their activities in relation to the power of municipalities must be handled as comprehensively as possible in additional the integrated improvement making of plan by the municipalities to meet the desired need of the public/ communities of which they serve them by providing goods and services.
2. FUNCTIONS AND POWERS OF MUNICIPALITIES
2.1 Constitution of the republic of South Africa
According to Thornhill and Cloete (2004:68) The Municipality Structures Act affords for options and powers of municipalities. These provisions also because the large provisions of the constitution at 3 spheres of government (Class A, B and C municipalities), were handled in chapter a pair of. it’s way necessary to deal additional especially with the division of capabilities and powers between district and local municipalities. Municipality that has municipal executive and legislative authority in an exceedingly giant region that has some of local municipality. A local municipality are going to be outlined as a municipality that exercise its government and legislative authority geographical location of a part municipality.
Every municipality has the capabilities an influence appointed thereto in terms of section 156 and 229 of the Constitution of 1996. Those functions and powers should be divided just in case of the district municipality and native municipalities within the location of each district municipality as started in section 84 of the municipal Structure Act. A part municipality ought to obtain a acquire the incorporated , property, equitable, social, and economical improvement of its space as an entire by method of constructing positive incorporated development planning for the district as a whole, building the capability of native municipalities in its space to perform their capabilities and effort their powers wherever the capability is missing and promoting within the equitable distribution of resources among the native municipalities in its location to confirm appropriate levels of municipal services within the area. These square measure operate that square measure offered for the district and are appointed to district municipalities encompass moveable water delivery systems, bulk delivery of electricity consists of the aim of such provide. Every local municipality has been selected functions, powers, other than those options and powers preserved by district municipality (Thornhill and Cloete 2014:68).
3. CATEGORIES OF MUNICIPALITIES
3.1 Types of municipalities
According to Thornhill and Cloete (2014:55) In chapter 2 it’s same that phase 155 of the Charter provides for 3 categories (A, B and C) of municipality and also the legislation glided by parliament can make a case for the distinctive forms of municipality that will be found out at each category. To provide impact to those provisions, parliament exceeded the Local Government: Municipal Structures Act 117 of 1998. To be classified as Category A municipality which is known as metropolitan municipalities and it must comply with the following criteria:
A conurbation featuring
Areas of high population
Slightly movement of people, goods and services between areas inside the municipality
A very strong movement
Traveling to and from the working place on a continuous basis
A centre of economic activity with a complex and diverse economy
A single area for which integrated development planning is desired
Strong interdependent social and economic linkages among its constituent units
Eight metropolitan municipalities were so far being established in south Africa. The Municipal Structure Act provides for the following different executive systems for municipalities:
Collective executive system-provides the exercise of associate degree government authority through an executive committee in which the executive management of the municipality is cooperatively provided.
Mayoral executive system- provides the exercise of associate degree government authority through an executive mayor in whom the executive management of the municipality is provided and who is helped by a mayoral committee.
Plenary executive system- that limits the exercise of associate degree government authority to the municipal itself.
Sub councils participatory system- that permits for delegated powers to be performed by the sub council established for geographical areas of the municipality.
Ward participatory system- that permits for the difficulty of local concern to be delegated to wards to be handled by the committees that embody inhabitants of a ward.
3.2 Categories of municipalities
According to van der Wadlt, Khaolo, Phutiagae, Van den Walt, Van Niekerk and Venter (2014:57) The Act give that each of the 3 categories of municipalities might build use of 1 the subsequent types of government systems. (Bear in mind that the legislative and executive power is provided in council) The member of the provincial government council determines the type of government to be utilised by every municipality:
Types of category A executive’s systems available to metropolitan municipalities:
Collective executive system.
Collective executives system combined with a sub council participatory system.
Collective executives system combined with a ward participatory system.
Collective executive system combined with a sub council and a ward participatory system.
Mayoral executive system.
Mayoral executive system combined with a sub council participatory system.
Mayoral executive system combined with a ward participatory system.
Mayoral executive system combined with both a sub council and a ward participatory system.
Types of categories B executive systems available to local councils:
Collective executive system.
Collective executive system combined with a ward participatory system.
Mayoral executive system combined with a ward participatory system
Types of categories C executive systems available to mainly district council:
Collective executive system
Mayoral executive system
Plenary executive system
4. THE ROLE OF MUNICIPAL COUNCIL
4.1 objectives of councils
According to Thornhill and Cloete (2014;59) Each municipal council should work towards achieving the objectives intended in Section 152 of the constitution. Therefore, the council should review the subsequent yearly:
The needs of the community.
Its priorities to meet those needs.
Its process for involving the community.
Its organisational and delivery mechanisms for meeting community’s needs.
Overall work in achieving the objectives intended.
4.2 Qualification of Councillors
According to Thornhill and Cloete (2014:61) in terms of the charter it’s the proper of every and each citizen who’s qualified to vote, to face as a candidate in associate election for the council and stays a member if he/she isn’t disqualified. The MEC could to boot exempt an individual from disqualification to be a member of a municipal council in question if there’s no vast battle of interest or unreconcilable conflict between the responsibilities as a municipal council member. The question is display on the viable conflict of interest inside the case of employee (Country wide or provincial sphere) acting as council member. The provision of such a council member for municipal, if in full-time employment of a department, to boot raise queries.
4.3 Election of Councillors
The charter and local government: Municipal Electoral Act 27 of 2000 (here when the municipal Electoral Act) provide for the election of councillors. during a district municipality the council include people appointed through totally different municipal councils to symbolize those council councils on a district council. The election of members of a municipal council must be in accordance national legislation as already alluded, supported that municipality’s section of the national common voter’s roll.According to Thornhill and Cloete (2014:61) The voting system guarantees that elected candidates from each party reflects the total share of the votes recorded for those events. If the voting system consists of ward representation, the bounds of wards ought be executed by using an impartial authority (presently the municipal demarcation board). someone might take a municipality handiest if that character is registered there on municipality’s section of the country wide commonplace voters roll. The gadget permits parties and pursuits pondered in the municipal council to be fairly represented within the municipal to which the appointment is made.
Important provisions for election are:
Only registered political parties may take part in the electoral process
A party may contest an election only if it has, in the prescribed format, given notice of its intention to contest the election.
Requirements to be met by ward candidates are satisfactory
Voting stations have been established by the electoral Commission
The boundaries of voting stations have been determined
Presiding officer have been provided to perform prescribed duties
Voting and counting officers as well as counter have been appointed
Parties contesting an election have appointed their agents
4.4 Meetings and activities of councils
According to Thornhill and Cloete(2004:66) The Municipal Structures Act 1998 provides for conferences of municipal councils- the speaker (e.g. the presiding officer of council meetings) of a municipal council can choose the place and time the council need to meet however the council ought to meet a minimum of quarterly, but a majority of councillors may additionally request the speaker in writing to convene a council assembly and also the speaker ought to convene a gathering at the time began within the request. The municipal manager, or once the manager is inaccessible, someone selected by the MEC for local government within the province, should call the first meeting of the council of the municipality in four days once the council is appointed or it’s a district council, on balance the members to be electoral through local councils were electoral.
4.5 The role of Metropolitan Sub-Councils
According to Thornhill and Cloete (2004:68) Best the category A municipality will have started metropolitan sub council. To ascertain sub councils, a metropolitan council should once a way of public consultation, bypass by the simplest way of law to work out the vary of sub councils, the area for each sub council that include a cluster of contiguous wards and totally different applicable matters. Every municipal sub council include the councillors representing the wards enclosed in its place additionally to those verify by means that of the metropolitan council A Metropolitan sub council is assigned such responsibilities and powers because the metro council delegate to it.Thornhill and Cloete (2004:69) The sub council should build tips to metropolitan council and may also propose the council on the functions and powers that delegated to it, one in each of its members it to be its presiding officer. Participants of the metropolitan council are appointed for a fundamental degree finishing whereas consecutive metropolitan council is alleged electoral. A member of sub council leaves his/her workplace by resignation as a member or by change of integrity to be a council. A metropolitan sub council might, with the serving to vote of most of its contributor’s gifts, set its own approaches concern to commands of metro council.
5. COMMITTEES OF LOCAL GOVERNMENT
5.1 EXECUTIVE COMMITTEE
According to Thornhill and Cloete (2014:72) An executive committee is the major committee of the council of a municipality that is authorized to set up an executive committee. An executive committee gets review collectively with its recommendations to the council where as it cannot get rid of the problem in terms of its delegated powers.
The executive committee must:
Identification of needs of Municipality
Review and evaluate those needs in order of priority
Recommended to the municipal council strategies, programmes and services to address priority needs through the integrated development plan and estimates of revenue and expenditure, considering any applicable national and provincial development plans
Determine the best methods, including partnership and other approaches to deliver those strategies, programmes and services to the maximum benefits of the community. It could thus be stated that an executive committee has policy-making functions in these regards.
5.2 WARD COMMITTEES
According to Thornhill and Cloete (2014:75) To market community participation in local government, provisions is formed within the municipal structures act for the institution of ward committees. solely metropolitan and local municipalities of the sorts observed within the applicable act is also establish ward committees. If metropolitan or local municipalities favour to came upon ward committee then explicit conditions ought to be administered. If ward committees are established a committee ought to became upon for every ward at the municipality. A ward committee consist of:
The councillor representing that ward in the council, who must be chosen by the committee
Not more than 10 people
A council that establish ward committee must also not forget the circumstances beneath that participants got to vacate work, and often presenting of ward committees. A council may also make administrative arrangements to ward committees to perform their roles and use their powers effectively. A council may e.g. supply secretarial support, offer mobile phones or create provision for allowances. Committee individual aren’t paid (Thornhill and Cloete, 2004:75).
5.3 OTHER COMMITTEES
Local Government: Municipal Finance Management 2003 (Act 53 of 2003) section 80 states that councils may in addition or in some cases area are grateful to point committees aiding the to hold out their functions. Most councils have variety of council committees that specialises in specific location. Councillors then get an opportunity to dedicate time to talk on problems and to finish up professionals within the ones region. Committees create tips that could council and save the council from having to handle all topics intimately. Committees do no longer take very last decisions to the fact most alternatives would like very last approval by the council as an entire. The following committee could be established by the municipal council:
Portfolio committees- These are the most common and usually have the same names as the different departments in council e.g. Health committee, Planning committee and Finance committee.
Geographically-based committees- These are set up to deal with matters in a specific area. This system is utilised in huge metropolitan municipalities consisting of sub councils.
Issues-related committee- The committee is set to deal with matters in specific areas in a way that involves people from different communities. This helps to solve problems from being treated in isolation.
5.4 AUDIT COMMITTEES
According to Thornhill and Cloete (2004:74) This committee is appointed in terms of section 166 of the Local Government: Municipal Finance Management (Act 56 of 2003) (hereafter the MFMA) is an independent advisory frame to recommendation the council, the political workplace bearer, the accounting officer and the control personnel of municipality on topics associated with:
Internal financial control and internal audit
Compliance with the act
Other matters referred to it by the municipality
6. FUNCTIONS, DUTIES AND POWERS OF MUNICIPAL OFFICE BEARERS
According to Thornhill and Cloete (2014:76) The Municipal Structure Act 1998 represent for election and capabilities of mayors. Mayors don’t need to be confused with the manager mayors. it’ll be evident that a politician inside the new municipal device has restricted powers and capabilities. The municipal council victimization govt|the chief|the manager} committee system should decide variety of its executive committee as a politician and if the MEC for regime within the province therefore approves, each different member of the manager committees as elective or while its so much necessary to fill empty positions. the way for the election of a politician or deputy politician is set in regulation. A politician and deputy politician ar elective throughout that individual’s term as a member of government, but he/she vacates workplace at some stage in a very period if he/she resigns as politician or deputy politician, is eliminated from the workplace as a member of government committee. somebody can even keep workplace as a politician or deputy politician for not further than 2 consecutive terms. once the expiration of 2 consecutive terms, a politician might not at once be elective as a deputy politician. The functions of the mayor consist of:
Presiding over meetings of the executive committee
Performing the duties, including any ceremonial functions
Exercise the power delegated to the mayor by the municipal council or the executive committee
6.2 Executive Mayor
Thornhill and Cloete (2014:77) stipulates that in terms of Municipal Structure Act, the executive mayor must:
Identify the needs of the municipality
Review and evaluate those needs in order of priority
Recommend to the municipal council strategies, programmes and services to address priority needs through the integrated development plan, and the estimates of revenue and expenditure, considering any applicable national and provincial.
Recommend or determine the best way, including partnership and other approaches to deliver those strategies, programmes and services to the maximum benefit of the community.
In performing duties of office, the executive mayor must:
Identify and develop criteria in terms of that progress on the implementation of the ways, programmes and services of the municipality are often evaluated, as well as key performance indicators that square measure specific to the municipal and customary to government generally.
6.3 Municipal councillor
Thornhill and Cloete (2017:79) States that, The Municipal structure act 1998 offers for a speaker of a municipal council. every municipal council should accommodate a presiding officer who’s referred because the speaker. A municipal council ought to elect a speaker from a couple of councillors as its 1st sitting when a municipal election or whereas a emptiness occur. The municipal manager of the municipality or, if the municipal manager isn’t to be had, somebody selected by the MEC for regime inside the province, presides over election of a speaker. A council member might not preserve workplace as a speaker and city manager or govt city manager at the equal time, but municipalities specific within the applicable municipal legislation, speaker is thought because the city manager.
The functions of the speaker consist of:
Presiding at a meeting of the council
Performing the duties and exercising the powers delegated to the speaker in terms of section 32
Making sure that the meetings of the council are conducted in accordance with rules order the council
Making sure compliance in the council committees with code of conduct
Coordinating the activities of ward committees
6.4 Municipal manager
According to Thornhill and Cloete(2014:80) The Municipal Structure Act 1998 ( as amended by Act seven of 2011) affords that a municipal council should use municipal manager World Health Organization is that the prime of management and to boot the accounting officer for the municipality and while necessary, associate showing municipal supervisor, brooding about the reality that the municipal supervisor is that the chief officer he/she is accountable to the council for the proper management of the council finance.
Features of Municipal Supervisor:
Acting with fidelity, honesty, integrity and in the best interest of the municipality.
Disclosing to council and the mayor any material facts that may influence the decisions or actions of council or the mayor.
Managing the financial administration of the municipality and ensuring that the resources are, used effectively, efficiently and economically.
Managing and providing assets and liabilities of the municipality
Assisting and providing the mayor with administrative support in performing the budgetary functions assigned to him/her in terms of the act
7 MUNICIPAL INTERGRATED DEVELOPMENT PLANNING (IDP)
7.1 Integrated development planning (IDP)
Local Government: Municipal Systems Act, 2000 (Act thirty two of 2000) states that IDP may be a 5year amount arrange, got to manual all designing and improvement and selections regarding planning, management and improvement in municipality. Bind municipality within the sweat of its government authority and to boot binds different persons.
Reasons for developing IDP
Fundamental cause- primary developmental responsibilities been located to municipalities (quality of existence for citizens to be progressed)
7.2 Characteristics of integrated development planning
According to Van der Waldt, Khalo, Nealer, Phutiagae,Van der Walt, Van Niekerk and Venter (2014:108) The integrated improvement planning process must display the characteristics set out within the headings under :
• Horizontal or sectoral integration-
This includes co-ordinating of land use and spatial development with sectors like housing, education and transport.
• Environmental integration-
This includes the co-ordination of policies associated programmes inside an atmosphere.
• Vertical integration-
This includes the Cooperation of national, provincial, district, and native government policies and programmes and on the municipal level. The integrated of tries by individual, residents, non-governmental or organisation, the non-public sector and different stake holders to formulate objectives and to follow a thought of the community and of the country as a hole.
• Time integration-
this includes the thought of future dynamic trends, pressure, objective and target with a strategic horizon of a minimum of twenty-five years.
• Resource integration-
This includes co-ordination with funding sources, programme and comes so as to fulfil coming up with objectives
• Institution integration-
This includes the institution of partnerships and agencies with the capability for implementation.
The integrated improvement designing technique relies on the principle of inclusive and representative session or the participation of all residents, communities and stakeholders within the municipality, additionally to representatives from alternative sphere of state, sector professionals and regardful resource person. Because of the huge length of the amalgamated municipalities, the session/ participation process many additionally observe the concept of:
Structure participation through organisations and legitimate representatives (or advocate, in the case of non-organised disadvantaged or marginalised population groups) rather than participation
Providing prerequisite and opportunities for participation, rather than proactively encouraging and organising participation by municipal government
IDP must empower municipalities to prioritise and strategically focus their activities and resources, a strategic technique includes:
Prioritising a few crucial issues rather than dealing in a comprehensive manner with all issues.
Focussing analysis rather than wasting resources collecting useless information
Addressing root causes of problems, rather than only symptoms
Taking given resources and the relevant context into consideration.
Identify the analysing alternative strategic options.
The municipal surroundings are changeable, often in unpredictable approaches. Integrated development planning as a strategic planning and control tool stresses the significant of creating decision that will make sure of municipality’s ability to successfully and effectively respond to the changes within the government (Van der Waldt, et el, (2014:109).
7.2.3 Implementation orientated
IDPs are simplest true if they assist municipal management enhances and fast-track transport and improvement. An implementation-oriented manner has the following requirements:
The project proposals must be concrete and specific with regard to quantitation, targets, quality, timing, cost and response implementation agencies.
Integrated development planning must comply with the financial resource framework
A link between the planning and budgeting process must be ensured
Consensus amongst all role players and stake holders on planned projects must be reached to avoid delays in implementation
These characteristics correlate with the key ideas of a local Agenda 21 process to be mentioned within the next section (Van der Waldt et el, 2014:109).
7.3 COMPONENT OF AN INTEGRATED DEVELOPEMNT PLANNING PROCESS
Van der Waldt et el (2014:112) stipulates that viewing incorporated development preparing as a strategic management method has many essential implications. first off Associate in Nursing alternate in any part can result various or all the various stages, in any strategic management model to with the flow of facts is often reciprocal. A Second implication is that the need to treat it as a dynamic system. the thought ‘dynamic’ may be outlined the unceasingly changing things that result reticulate and mutualist strategic activities. a 3rd implication is that levels area unit serial. The system starts usually with things analysis, ascertained by suggests that of the formulation of a vision, the formulation of goals and techniques, the identification and implementation of comes and sooner or later analysis.
7.3.1 Phase 1: Analysis
This section offers with the present state affairs inside a municipal place. Its so much the catered analysis of the matter baby-faced by approach of a municipality and its communities. It’s necessary that the municipality acknowledge not solely the symptoms, but in addition the causes of the difficulty to be ready to create knowledgeable selections. The analysis entails associate analysis of the external and inner atmosphere. The analysis of the outside surroundings considers political, economic, legal and technological elements, and that of the inner surroundings considers elements such as the municipality’s inner procedures and practices together with its structure, management fashion and asset (Van der Waldt et el, 2014:112-113).
7.3.2 Phase 2: Strategies
According to Van der Waldt et el (2014:113) Once the municipality understands the problem affecting the human beings of its region and the reasons of those problems, it must the formulate the answers to deal with them. This phase includes components of the following capabilities:
• Vision –
The vision roadmap of the municipality options the direction during which it’s bimanual, the position is intends to stake out and the capabilities it plans to develop. what is more, vision helps produce organisation purpose and identity
• Formulation of objectives-
Objective statement of what the municipality would love to attain within the medium term to deal with the issue/problems and additionally contribute to the realisation of the vision. it’s essential that the objectives should be quantitative and possible
• Formulation of strategies-
Objectives at the top results that a municipality need to attain, whereas ways ar the means and suggests that by that it desires to attain these objectives. though a complete vary of ways are out there, on those who are in accordance with the municipality’s development mandate should be developed.
• Project identification-
Once ways are developed, the end in the identification of the project.
7.3.3 Phase 3: Projects
According to Wan der Waldt (2014:113) The section offers with the planning and specification of the initiatives for implementation. The municipality should sure that the project known have direct linkage to the priority to the priority issues and also the objectives that had been known within the preceding phases. It must be additionally being clear on the following:
The location of the project
The date of commencement and the date of completion
The person responsible for managing the project
7.3.4 Phase 4: Integration
Once the task was known. The municipality must be compelled to confirm that the results of the task planning might be checked for his or her compliance with the vision, objective, methods and sources which they’ll be harmonized in terms of contents, space and turning with a purpose to reach consolidate and incorporated programmes (Van der Waldt at el, 2014:113).
7.3.5 Phase 5: Approval
Earlier than being followed by manner of the municipal council, all applicable stakeholders and in examined parties, as well as alternative spheres of state, must be compelled to be granted the chance to investigate the draft arrange, therefore giving the allowable arrange a sound basis legitimacy, guide and relevancy (Van der Waldt, 2014:114).
The chapter and the massive next law passed by using parliament and the provincial legislature introduced approximately evolutionary modifications within the municipal government of South Africa. The very last changes came into full elected best after the election of municipal councillor. It’s crystal clear that the national wide sphere of government will, through parliament branch if Cooperative Governance and the branch of Traditional affairs play key role inside the reformation and monitoring of the overall performance of municipal government and administrative institutions. The essential transformation to drastically reduce the number municipalities must allow to carry out satisfactory after the improvement have been brought into effect. However, economies of scale do not always mean that efficiency and effectiveness can be assured. The latter replies upon on the first rate of the municipal government and administration.