Professional Documents
Culture Documents
Avril Kruger
Future Managers 2013 All rights reserved. No part of this book may be reproduced in any form, electronic, mechanical, photocopying, or otherwise, without prior permission of the copyright owner. To copy any part of this publication, you may contact DALRO for information and copyright clearance. Any unauthorised copying could lead to civil liability and/or criminal sanctions.
Telephone: 086 12 DALRO (from within South Africa); +27 (0)11 712-8000 Telefax: +27 (0)11 403-9094 Postal Address: P O Box 31627, Braamfontein, 2017, South Africa www.dalro.co.za ISBN 978-1-77581-042-1 This book was compiled for students studying towards the National Certificate in Public Management N5 at FET colleges. The book was compiled using the syllabus for Municipal Administration N5. First published 2013
FutureManagers
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Contents
Module 1 The origin of municipal authorities 1. Origin of municipal authorities............................................................................................................................ 2 1.1 Introduction .................................................................................................................................................. 2 1.2 Development of urban areas ....................................................................................................................... 2 1.2.1 Up to the end of the 18th century ................................................................................................. 2 1.2.2 The 19th century .............................................................................................................................. 2 1.3 The stages of development of urban areas ................................................................................................. 3 1.3.1 Division of urban areas into sections or parts .......................................................................... 4 1.3.2 Squatter camps ................................................................................................................................. 4 1.3.3 Slums ................................................................................................................................................. 5 1.3.4 Tribal villages ................................................................................................................................... 5 1.4 Origin of towns and cities............................................................................................................................ 6 1.4.1 Characteristics of the development of towns and cities ............................................................. 6 1.5 Procedures and conditions for development in a town/city ................................................................... 8 1.5.1 The procedure for the establishment/development of a town or city ...................................... 9 1.5.2 Conditions imposed on applications for new development ...................................................... 9 1.5.3 Control over buildings and requirements for buildings............................................................. 9 1.6 The emergence of local authorities ........................................................................................................... 10 1.6.1 Local authorities during the transfer of authority from the Dutch to the British ................ 11 1.7 Regional services councils ......................................................................................................................... 11 1.7.1 Financing of regional service councils........................................................................................ 11 1.8 Conclusion ................................................................................................................................................... 11 Review questions ........................................................................................................................................................ 12 Module 2 Reason for existence of municipal authorities 1. The reason for existence of local government .................................................................................................. 14 1.2. Reasons for existence of municipalities ................................................................................................... 14 1.3. Summary................................. ..................................................................................................................... 15 Review question ....... ................................................................................................................................................... 15 Module 3 Environment in which municipal authorities function 1. Environment in which municipal authorities function .................................................................................. 18 1.1 Introduction ................................................................................................................................................ 18 1.2 Environmental factors................................................................................................................................ 18 1.2.1 Physical factor ................................................................................................................................ 18 1.2.2 Social factor .................................................................................................................................... 20 1.2.3 Economic factor............................................................................................................................. 21 1.2.4 Judicial factor ................................................................................................................................ 22 1.2.5 Political factor ................................................................................................................................ 22 1.3 Conclusion ................................................................................................................................................... 23 Review questions ........................................................................................................................................................ 23 Module 4 The structure of a local authority 1. Services rendered by and powers of, municipal authorities ........................................................................... 26 1.1 Introduction ................................................................................................................................................ 26 1.2 Structure of a local authority..................................................................................................................... 26 1.3 Characteristics of services ......................................................................................................................... 27 1.4 Classification of services ............................................................................................................................ 27 1.4.1 Ambulance services....................................................................................................................... 28 1.4.2 Cemeteries and crematoria .......................................................................................................... 28
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1.4.3 Electricity ........................................................................................................................................ 29 1.4.4 Environmental pollution .............................................................................................................. 29 1.4.5 Health services ............................................................................................................................... 30 1.4.6 Housing ........................................................................................................................................... 31 1.4.7 Library services .............................................................................................................................. 32 1.4.8 Licences........................................................................................................................................... 32 1.4.9 Parks and sports grounds ............................................................................................................. 33 1.4.10 Rubbish and night-soil removal .................................................................................................. 33 1.4.11 Town and city planning ............................................................................................................... 34 1.4.12 Water provision ............................................................................................................................. 34 1.5 Powers of municipal authorities ............................................................................................................... 35 1.6 Conclusion ................................................................................................................................................... 35 Module 5 Levels of government 1. Relations between municipal authorities and between municipalities and other levels of the hierarchy .......................................................................................................................................... 38 1.1 Introduction ................................................................................................................................................ 38 1.2 Levels of government ................................................................................................................................. 38 1.3 Relations between local authorities and central government institutions. ......................................... 39 1.3.1 The role of Parliament .................................................................................................................. 40 1.3.2 Role of the State President ............................................................................................................ 40 1.3.3 Role of Cabinet .............................................................................................................................. 40 1.4 The relationship between local authorities and provincial government institutions ........................ 41 1.5. Relations and co-operation with other local authorities ....................................................................... 41 1.6 Conclusion...... ............................................................................................................................................. 42 Review questions ......................................................................................................................................................... 42 Module 6 Who has the right to vote or qualifies as a voter 1. Municipal elections .............................................................................................................................................. 44 1.1 Introduction ................................................................................................................................................ 44 1.2 Right to vote (voter qualifications) ........................................................................................................... 44 1.2.1 Reasons for disqualification of voter ........................................................................................... 44 1.3 Voters roll .................................................................................................................................................... 45 1.3.1. Procedure for preparing a voters roll ......................................................................................... 45 1.4 Electoral wards ............................................................................................................................................ 45 1.5 Elections ....................................................................................................................................................... 46 1.5.1 Activities prior to election day ..................................................................................................... 46 1.5.2 Election day .................................................................................................................................... 48 1.6 Party politics ................................................................................................................................................ 51 1.6.1 Advantages of political party involvement in municipal elections ......................................... 51 1.6.2 Disadvantages of political party involvement in municipal elections .................................... 51 1.7 Conclusion ................................................................................................................................................... 52 Review questions ......................................................................................................................................................... 52 Module 7 Councillors 1. Municipal councillors .......................................................................................................................................... 54 1.1 Introduction ................................................................................................................................................ 54 1.2 Qualifications needed to be elected as councillor .................................................................................. 54 1.3 Reasons for being disqualified from election as a councillor ............................................................... 54 1.4 Conditions under which councillors serve / Code of conduct ............................................................. 54 1.4.1 General conduct of councillors.................................................................................................... 55 1.4.2 Attendance at meetings................................................................................................................. 55
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1.4.3 Sanctions for non-attendance of meetings ................................................................................. 55 1.4.4 Withdrawal from meetings .......................................................................................................... 55 1.4.5 Vested interest in council contracts ............................................................................................ 55 1.4.6 Personal gain .................................................................................................................................. 56 1.4.7 Declaration of interest................................................................................................................... 56 1.4.8 Councillors acting as agents ......................................................................................................... 56 1.4.9 Bribery and corruption ................................................................................................................. 56 1.4.10 Exemption from personal liability .............................................................................................. 56 1.4.11 Appointment as an official of a council ...................................................................................... 57 1.4.12 Rewards, gifts and favours ............................................................................................................ 57 1.4.13 Unauthorised disclosure of information .................................................................................... 57 1.4.14 Intervention in administration .................................................................................................... 57 1.4.15 Council property ........................................................................................................................... 57 1.5 Status of councillors ................................................................................................................................... 57 1.6 Functions of councillors ............................................................................................................................ 58 1.6.1 Representation ............................................................................................................................... 58 1.6.2 Participation in committees ......................................................................................................... 58 1.6.3 Deliberation in council meetings ................................................................................................ 58 1.6.4 Public liaison .................................................................................................................................. 59 1.7 Conclusion ................................................................................................................................................... 59 Review questions ......................................................................................................................................................... 59 Module 8 Mayors 1. Office-bearers of municipal councils ................................................................................................................. 62 1.1 Introduction ................................................................................................................................................ 62 1.2 The mayor .................................................................................................................................................... 62 1.2.1 Election of mayor (executive or non-executive mayor) ........................................................... 62 1.2.2 Functions and powers of executive mayors ............................................................................... 63 1.3 Deputy mayors ............................................................................................................................................ 64 1.4 Chairpersons of committees ..................................................................................................................... 64 1.5 Conclusion ................................................................................................................................................... 64 Review questions ......................................................................................................................................................... 65 Module 9 Committee system 1. Committee systems of muncipal councils ........................................................................................................ 68 1.1 Introduction ................................................................................................................................................ 68 1.2. The executive committee (previously known as the single or management committee) ................. 68 1.2.1 Composition of the executive committee................................................................................... 68 1.2.2 Powers and functions of the executive committee .................................................................... 68 1.2.3 Advantages ..................................................................................................................................... 69 1.2.4 Disadvantages ................................................................................................................................ 69 1.3 Committees to assist executive committees or executive mayors (previously known as multiple committees) ................................................................................................................................. 69 1.3.1 Advantages of the multiple committee system (portfolio committees) ................................. 71 1.3.2 Disadvantages of the multiple committee system .................................................................... 71 1.4 Metropolitan sub-councils ...................................................................................................................... 71 1.4.1 Composition of metropolitan sub-councils ............................................................................... 71 1.4.2 Functions and powers of sub-councils ....................................................................................... 72 1.5 Ward committees ........................................................................................................................................ 73 1.6 Conclusion ................................................................................................................................................... 74
Module 10 Meeting procedures of municipal councils 1. Meeting procedures of municipal councils....................................................................................................... 76 1.1 Introduction ................................................................................................................................................ 76 1.2 Rules of meeting procedures / standing orders ...................................................................................... 76 1.3 Reports ......................................................................................................................................................... 77 1.4 Notice of meeting ....................................................................................................................................... 78 1.5 Agenda ......................................................................................................................................................... 78 1.5.1 Format of agenda ........................................................................................................................... 78 1.5.2 Compilation of the agenda ........................................................................................................... 79 1.5.3 Rules for submission of agenda items. ........................................................................................ 80 1.5.4 Different agendas for the same meeting ..................................................................................... 80 1.5.5 Statutory provisions ...................................................................................................................... 80 1.6 Minutes ........................................................................................................................................................ 80 1.6.1 Order of items ................................................................................................................................ 81 1.6.2 Content ........................................................................................................................................... 81 1.6.3 Types of minutes ............................................................................................................................ 82 1.6.4 Compilation ................................................................................................................................... 82 1.6.5 Indexing .......................................................................................................................................... 82 1.6.6 Statutory provisions ..................................................................................................................... 83 1.7 Chairman .................................................................................................................................................... 83 1.7.1 Functions of the chairperson ....................................................................................................... 83 1.7.2 Powers of chairman ...................................................................................................................... 84 1.7.3 Cycle of events during a meeting ................................................................................................ 84 1.8 Conclusion ................................................................................................................................................... 85 Review questions ......................................................................................................................................................... 85 Bibliography............ ................................................................................................................................... 87
Symbol key
Self-activity Group activity Remember/Definition Did you know? Note Discussion Point/ Pause for Thought Example Case study
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Module 1
Module 1
1.
1.1
1.2
For the first time in South Africa the following concepts were established: Towns were constituted as legal corporate bodies. Representatives were elected by voters registered on a voters roll. The town council decided on local tax (rates) levied on valued properties. Auditors had to audit transactions of all municipal activities. The Town Clerk and other senior officials were appointed and not elected at a public meeting. The committee system of making decisions was introduced.
1.3
Module 1
With the movement of people from the farms and rural areas to the urban areas, problems are experienced with sufficient and suitable housing. Normally people will buy a plot and build a house, or buy or rent a house or flat. A lot of people do not have the means to buy or build houses and have to find a shelter or place to stay. Urban areas also do not have enough housing available for the influx of people to these areas. In South Africa, people have started building shelters on any open piece of land, which usually belongs to the local authority or a private individual. Any type of material like cardboard, timber, tins or plastic is used to build shelters. This type of informal erection of dwellings, is called a squatter camp.
Characteristics of squatter camps The area is not divided into building stands or plots. No streets are found. No provision is made for essential services such as water, electricity and rubbish and night soil removal. The dwellings erected are not safe. If a fire breaks out in one of the dwellings, it spreads quickly to the neighbouring dwellings. People invade land and do not pay for it. Living conditions in these areas are very unhealthy because a lot of people live in a small area. The houses are built very close to one another. This results in the area being very densely populated and having a high crime rate. Squatter camps are not the ideal solution, but they provide housing for a large number of people who cannot afford anything else. If municipalities try to relocate people they get a lot of resistance because the squatters prefer living in these conditions. Solutions for squatter camps Upgrade squatter camps into proper urban areas. Divide open land into building stands. Improve construction of dwellings. Provide streets and essential services. The state can make fully serviced stands available to people. Proper building materials can be made available.
1.3.3 Slums
Slums develop when people neglect their houses or other buildings and allow them to deteriorate to such an extent that they become dangerous to live in. Poverty is the main reason for the appearance of slums. The municipalities should have strict rules and measures in place to prevent people from endangering other peoples lives by erecting unsafe buildings or neglecting properties. If municipalities discover a slum, the owner of the property must be ordered to repair, clean or upgrade the property. If the owner refuses to carry out such orders, the property must be demolished to ensure the safety of people.
Module 1
The land belongs to the tribe. The area is not divided into building stands and streets. There are certain advantages, but also certain disadvantages for tribal villages. Advantages of tribal villages: People construct their own houses, which gives them self respect and independence. People fulfil their own needs according to their abilities and expectations. Disadvantages of tribal villages: No essential services like water, electricity and refuse removal are provided, which can cause unhealthy conditions. Large pieces of land are used unproductively because tribal villages are not densely populated and agricultural land is wasted. If a tribal village becomes densely populated, it can cause a lot of health and safety problems. If this happens, it should be declared an urban area and dealt with according to the rules and regulations that apply in urban areas.
1.4
Physical structure Physical structures are man-made buildings like churches, trading stores, schools, etc. These physical structures play an important role in in the economic development of a town or city. Some experts say that in South Africa the first buildings in towns were churches. Then trading stores and businesses developed around the churches. Most of the towns in South Africa have a church in the middle of the town, for example, Beaufort West. Human beings have to exist People have needs that must be satisfied, and when a lot of people live in the same area, different needs exist. To satisfy these needs and maintain order in the community, a type of government had to be formed. That was the starting point for local government. Municipalities were established to maintain order in the community and they even provided work for inhabitants. Communication channels Communication channels are the network that link people, other towns and cities, the station and harbour. Roads and streets, telephone and internet cables, electricity cables and pipelines are needed to connect services and people. The planning departments of municipalities include communication channels in the plans for development of the city or town.
Transportation system Smart buildings
Personal communications
Communication networks
Wireless comminication
Smart grid
Types of communication channels which must be included in the development plans of cities/towns
Module 1
1.5
Owner obtains approval, divides land and sells stands which are registered with the Registrar of Deeds before application can be made for development to begin. Procedure (Ord 85 of 85) - apply & submit 26 copies - application considered by council & Administrator who can approve or reject
Control & requirements - suburb image not affected - buildings hygienic & safe - with proper ventilation - meet foundation & height of wall requirements. Conditions to be met - supply of water and electricity - entry to streets -business away from residential areas
When development of a large area is undertaken, provision must be made for: streets and sidewalks water and electricity reticulation public buildings parks refuse dump sites residential and business areas. The procedure for the development of land takes time, and the following administrative processes have to take place: The development must be approved by the provincial government. Ownership must be transferred from one owner to another. The stands have to be accurately measured and divided. The deed of sale must be registered by the Registrar of Deeds of the province. The Registrar of Deeds must record the sale in the property register.
Module 1
Authorities laid down standards for the erection of buildings in urban areas. - Detailed plans of the building must be submitted to the local authority. - Local authority will have to approve plans or request amendments. If plans are approved, the construction of the building can begin, but the local authority has certain common requirements that must be met. Common requirements for the construction of buildings The image and appearance of the suburb should not be affected by the building. The rights and interests of neighbours should not be infringed by the building. Building should be hygienic and safe. Building should not create fire or health hazards. Sufficient ventilation should be allowed for all rooms. Specifications regarding foundation and height of walls should be met. Flow of traffic should not be obstructed.
1.6
1.6.1 Local authorities during the transfer of authority from the Dutch to the British
From 1785 the municipal affairs of Cape Town were administered by the College van Commisarisse uit den Raad van Justitia that consisted of three Dutch and three private persons. The British took over the Cape Colony in 1795 and a Burgersenaat that consisted of six private persons appointed by the British replaced the College. In 1802 the Burgersenaat was replaced by the Raad der Gemeente when the Dutch took back the Cape Colony. This lasted for only three years. In 1806 it changed back to a Burgersenaat when the British took over again. The Burgersenaat was abolished on 27 December 1827 as well as the Council of Landrost and Heemraden in the rural towns. From 1 January 1828 the Cape Colony had no local authorities. Local authority matters were handled by the resident magistrates. Municipal Ordinance 9 of 1836 was approved, which made provision for the election of a small number of commissioners to serve on the council. Only persons who paid rates were eligible to be elected as commissioners. 10
Ordinance 9 of 1936 served as basis for legislation for local authorities in Natal (1847), Orange Free State (1856) and the Transvaal (1883).
1.7
1.8
Conclusion
The development of urban areas and the establishment of local authorities in South Africa started in 1652. People started moving inland and settled in areas where they could survive. As more people started living together, more services and order were needed, which resulted in a form of local government. Local authorities were established through election by the inhabitants in order to render such services. As towns grew and cities were established, the development of vacant land had to be administered, and so procedures and conditions were laid down for developments which needed to be controlled by the local authority. Although different types of councils were established after 1652, it is clear that whether it was a village, town or city, a local government, with an elected council, was needed to manage that municipality.
11
Module 1
Review questions 1. Give a short explanation of the development of local authorities in South Africa in the 18th and 19th centuries. 2. Urban areas went through different stages, from a few people living together, to thousands living in a small area. Name and describe the stages of urban development in South Africa.
3. For many years the urban areas were small villages and most people in South Africa lived on farms where they had to satisfy their own needs. Name and describe how needs and services were satisfied before the inception of municipalities. 4. With the influx of people from the rural to the urban areas, problems are experienced in finding suitable housing. Many settle for squatter camps. 4.1 List SIX characteristics of squatter camps. 4.2 List FOUR possible solutions for squatter camps. 5. Tribal villages can be defined as a settlement in a tribal area under the jurisdiction of tribal authorities, headed by chiefs. Give TWO advantages and TWO disadvantages of tribal villages. 6. The origin of towns and cities can be traced back to the development of close communities. All towns or cities developed for its own reasons but there are four characteristics which will identify a town or city. Discuss the characteristics of the development of a town or city.
7. The establishment of a town of new development is prescribed in Ordinance 15 of 1985. Explain the procedure for establishing a town or for a new development in an existing municipality. 8. The initiative of township development is vested in the owner of the land which can be divided into building stands or plots. The owner must take into consideration the conditions imposed on applicants. State the conditions imposed on applicants when establishing a town or new development. 9. Anyone with the intention of constructing a fixed structure or building on a plot, or adding to an existing building, has to submit detailed plans to the municipality which will in turn approve or amend the plans. There are certain common requirements to be followed. List SIX common requirements when building a house. 10. Name SIX sources of finance for regional services councils.
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Module 2
Module 2
1.
Local government
Local government in the form of municipalities is important for many reasons; not only that it is the level of government closest to the millions of citizens of South Africa, but also that it is constitutionally responsible for providing a range of services to satisfy the needs of citizens. Many reasons are given for and against the existence of local government. As more services are delegated from central government to local authorities, the importance of the role of municipalities in the government and administration of the country cannot be overlooked.
1.1
14
Inhabitants as well as local authority officials have interests in their own local environment in the form of property, businesses, etc. For this reasons municipal councils will ensure that the best service that they can afford will be rendered without putting extra burdens on higher authorities. Municipal councils can best stimulate local initiative. It is important that local communities are prosperous and economically stable. If there are signs of decline or absence of services, higher authorities might have to step in to provide services which can be costly because of long distance administration. Municipal authorities have proven over the years that they can implement and execute policies of central government. If higher authorities had to execute such policies, expensive organisational arrangements would be needed. Municipalities can render services cheaper if they are decentralised, and local authorities can act as agents of central government. It is not easy for higher authorities to utilise resources such as personnel and money effectively from a distance and ensure a high standard and quality. Municipalities can assist central government with certain policies, e.g. Tourism because they are on ground level where policies are implemented. Elected municipal councils make it possible for ordinary inhabitants to take part in public affairs through voting for or standing as councillors.
The reasons for the existence of municipalities are summarised below. Use this as a guideline for your studies.
1.2
Summary
Municipalities ensure that principles of public administration are upheld. Higher authorities cannot render all the services needed by the inhabitants. Municipalities generate own funds and use money economically. Services are rendered more cheaply by the authority in the area. Municipalities lighten the burden of central government. Different municipalities have different needs and know best how to satisfy them. Interest in administration is increased and, because they pay for services, inhabitants can demand better services. Municipal workers and councillors live in the area and need the same services, which can improve services. Specialised needs are known by LA and can be satisfied faster and more cheaply on local than higher level. Policies are implemented faster. Inhabitants & officials share interests in environment, which ensures better service. Local initiative stimulated to create economical stability and better services LA is better situated to implement central policy. Higher authorities cannot utilise resources effectively and efficiently. LA helps with formulation of central policy.
Review question 1. To facilitate the government and administration of the state power is divided into three levels of government. State TEN reasons why services are rendered by the third level of government.
15
Module 2
16
Module 3
Module 3
1.
1.1
1.2
Environmental factors
Here is a schematic representation of the environmental factors that will be discussed in this module:
Physical factor Economic factor
Social factor
Municipal authority
Judicial factor
Political factor
Religious factor
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A balance should always be maintained between conservation and development where the demand for growth of cities increases. Geographical characteristics can also be developed as tourist attractions, for example, Table Mountain in Cape Town and the Big Hole in Kimberley which generate income and stimulate economic growth in the area.
Table Mountain was elected as one of the seven natural wonders of the world
Historical areas Historical buildings and areas need to be protected. A balance should be maintained between conservation of historical areas and development. Decisions have to be made on which buildings to keep and where to develop in order to maintain the character of the city. These decisions have an influence on the economic, aesthetic and community factors. As cities or towns develop and expand, better infrastructure is needed, which makes it difficult to keep a balanced environment. Difficult decisions have to be taken, for example, if a historical building has to be demolished so that another road lane can be bluit to solve the traffic problem. Climate Towns and cities can experience climatesranging from almost tropical to almost desert conditions. These differences in climate have an effect on the growth and development of local authorities. Rainfall and climate must be taken into account when building roads, bridges and buildings. When development is planned, factors such as floods, droughts and earthquakes need to be taken into account. Municipalities should be aware of the climatic conditions and be prepared to handle disaster situations. Fauna and flora Fauna and flora is the variety of animals, fish species, birds and plants found in a specific area. A municipal authority has an obligation to protect the indigenous fauna and flora in its area. Nature reserves are established for the protection of fauna and flora. The nature reserves ensure protection and serve as tourist attractions.
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Module 3
20
Problems experienced by urban municipalities: People coming to cities cannot find houses and jobs. This results in anti-social behaviour like crime, drunkenness, etc. Urbanisation causes a lot of problems for the municipal authority who must provide services for these extra inhabitants. The municipality must also aim to minimise unemployment, crime and health risks caused by squatting. The situation must be monitored regularly by the municipality. Health Schedule 4B of the Constitution makes municipal health services a municipal function. The provision of services such as water, refuse removal, sewerage and night soil removal is delegated from central to local government. The Health Act stipulates that municipalities must provide preventative services such as family planning, care of the aged and health counselling. Municipalities play a valuable role in the prevention of AIDS and tuberculosis. Primary health services are also delegated to municipalities. Public facilities Municipalities must provide and maintain public facilities like parks, sports grounds, libraries, streets, public toilets, etc. These facilities must be safe and not endanger the lives of the inhabitants. All departments of the municipality must ensure the safety and welfare of the community, e.g. traffic (public transport), health, engineering (roads), etc. Recreation facilities like sports grounds and libraries should be provided. Proper and enough public facilities also improve the image of the city or town.
21
Module 3
22
The size of the municipality will also determine the complexity of services. Nowadays councillors are elected on a political basis, whereas in the past, they were elected for what they could do for the inhabitants. Groups with political interests (unions) are formed, putting pressure on councils to satisfy their political needs. These groups use sit-ins, marches and rent boycotts to manipulate municipalities. Even the workers of the municipalities are forced to take part in strikes and are intimidated if they want to go to work. Municipalities also suffer damages to property, road signs and vehicles during protests, which can influence the quality of services.
1.3
Conclusion
Municipalities perform a very important role in their area of jurisdiction. When they provide services they have to take the environmental factors into account. Some factors will be more prominent in certain municipalities as not two local authorities are the same. Review questions 1. Various environmental factors affect local authorities in one way or another. Explain how the following physical environmental factors affect municipalities: 1.1 Geographical characteristics 1.2 Historical environment 2. Discuss the following social factors which have an influence on the services of municipal authorities: 2.1 Housing 2.2 Literacy, education and employment 2.3 Influence of urbanisation 3. Explain how the economic factor affects the way in which municipalities function and provide services. 4. Discuss how the political environment affects the way in which municipalities function.
(5x2) (5x2)
(10) (5x2)
23
Module 3
24
Module 4
Module 4
1.
1.1
1.2
HOD
HOD
HOD
HOD
HOD
HOD = Head of Department or Division The council, executive officer (Town Clerk or Municipal Manager) and the executive units (Departments) form the main structure of the municipality. The committees are additional and are established from members of the council to discuss policies. The Town Clerk / Municipal Manager is the Chief Executive and Administrative Officer in charge of the administration of the municipality
26
The Municipal Systems Act specifies that a municipality must have an administration. If municipalities are to fulfil their constitutional mandate, they should have the means (funds) to provide sustainable services, to promote social and economic development, to promote a safe and healthy environment and to perform the functions as listed in the Constitution. There is no set model for the classification of local government services, because of the diversity between urban and rural areas. Below is a list of the departments of the City of Cape Town: Community Services Social Development and Early Childhood Development Tourism, Events and Marketing Economic, Environmental and Spatial Planning Safety and Security Health Transport, Roads and Storm water Human Settlements Finance Corporate Services Utility Services A municipal council has to prioritise the needs of the community, declare its intentions and set specific objectives to satisfy these needs. It has to clearly indicate what it wants to achieve and ensure that the necessary funds are available to achieve the objectives. After setting objectives it has to formulate the policies so that the officials can execute the policies and render the necessary services.
1.3
Characteristics of services
When examining the services rendered by municipal authorities, we can identify a few distinct characteristics as follows: Municipal authorities render services of a local nature, which explains why services differ from one municipality to another. Municipal authorities fulfil an important role in promoting the welfare of the community. Each service rendered influences every person living in that specific area. Municipalities are not forced to render services. Provincial authorities set broad guidelines for municipal services. Municipalities are autonomous institutions on local government level. Municipalities decide on the nature of services, scope and when they should be rendered. Rendering of services is linked to the development of a municipality. The need of the local inhabitants will determine what type of service to render. Services will be rendered if the necessary funds are available. The inhabitants of the specific municipality must pay for the services rendered by the municipality. Services can only be rendered if the councillors are aware of the needs of the inhabitants whose responsibility it is to make their needs known.
1.4
Classification of services
The Constitution requires that municipalities provide services in a sustainable manner and that municipal administrations provide services impartially, fairly, equitably and without bias. The Municipal Systems Act place a responsibility on municipalities to give effect to the provisions of the
27
Module 4
Constitution by providing in the basic needs of the community promoting the development of the local community ensuring that all members of the local community have access to the minimum basic municipal services. The Act also states that municipal services must be equitable and accessible to all provided in a manner that is effective and efficient financially sustainable (affordable) preserve the environment for future generations regularly review and upgrade or improve services. The services which are rendered by most municipalities will be dealt with below.
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To eliminate this disadvantage and to escape the rising costs for the maintenance of cemeteries, cremation of the dead is increasing. It is expensive to build a crematorium and thats why it is only found in bigger cities and towns.
1.4.3 Electricity
Electricity forms part of the infrastructure of many homes and when there is a power failure, people are very upset. People are very dependent on electricity. In the old days municipalities generated their own electricity. Since the establishment of ESCOM (Electricity Supply Commission) most municipal authorities buy electricity in bulk from ESCOM and resell it to residents. Electricity provision is an expensive undertaking which involves the building of power stations, construction of towers, laying of cables and repairing of cables. Municipal authorities make a profit on the sale of electricity, but also lose a lot of money if people do not pay their electricity bills. To monitor consumption, meters are installed at each house. Personnel take meter readings every second month to prepare bills. A new method is to buy electricity cards which are inserted into the electrical box at home. Each card contains a number of units which can be used, and if the units are finished, the owner can reload electricity on the card at various businesses or through the Internet.
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Module 4
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1.4.6 Housing
A section of the Housing Act 107 of 1997 stipulates the duty of on municipalities with regard to housing. Every municipality must, as part of the municipalitys process of integrated development planning, take all reasonable and necessary steps within the framework of national and provincial housing legislation and policy to ensure that inhabitants of its area of jurisdiction have access to adequate housing from arising conditions that are not healthy and safe for the inhabitants in its area of jurisdiction revented or remove such condition services in an economically efficient manner in respect of water, sanitation, electricity, roads, storm water drainage and transport. set housing delivery goals in respect of its area of jurisdiction identify and designate land for housing development promote the resolution of conflicts arising in the housing development process initiate, plan, co-ordinate, facilitate, promote and enable housing development in its area of jurisdiction plan and manage land use and development. Municipalities have houses and flats that they rent out to inhabitants. One of the biggest problems they are facing is to determine to whom the houses must be allocated. The following process is normally followed: Names are usually put on a waiting list When a house becomes available, it is allocated to the person whose name appears on the top of the list The moment people move into the house a second problem arises: The collecting of rent can be very complicated and sensitive. If people do not pay, discussions take place between the municipality and the tenant to determine the reason for not paying. Reasons for not paying vary from neglecting to pay to a shortage of the necessary funds. If a person cannot pay the rent, solutions must be found. When a tenant signs a rental contract with the municipality he pays a deposit equal to one months rent. When the contract is terminated, this deposit is used to repair any damages. The balance or full deposit is then paid to the tenant. The municipal authority must ensure that the tenant does not let certain rooms to other people as it is against the rules to rent rooms to generate income. Overcrowding must also not be allowed on the premises. Inspectors have to regularly visit the rented properties. If defects are found, they must be repaired and the tenant is held liable for the damages. These service points not only lend books to residents but also provide them with access to electronic resources, magazines and journals, programmes in information-retrieval skills, lifelong learning and storytelling. In addition, city libraries function as cultural hubs and venues for community activities and events.
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Module 4
1.4.8 Licences
Motor vehicle licences Municipal authorities are required by Provincial Ordinances to award licences to inhabitants. There are over a million vehicles currently registered on the Electronic National Traffic Information System (eNaTIS) (ITP, 2009), which is the official register for all vehicle, driving licence, contravention and accident data.
They undertake the registration and licensing of motor vehicles. They also issue roadworthy certificates for licensing vehicles. Licences are awarded after drivers have been tested by traffic officials. Income is generated by rendering these services. Part of the amounts collected is paid to municipal authorities.
Business licences Municipal authorities are involved in the licensing of commercial undertakings. Ordinances authorise municipalities to exercise control functions associated with the licensing of businesses. Municipalities are entrusted with the control function as they are responsible for rendering health services and must see that the premises do not create a health hazard. They issue control certificates which are essential for an applicant to have before a licence will be issued by the Receiver of Revenue. Healthinspectors inspect business premises and can take action against any individual who does not comply with the regulations. The granting or refusal of a business licence is important because the rights of individuals and the well-being of the community are at stake. Municipalities make use of a licence committee (consisting of council members) to deal with licences.
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1.4.9
33
Module 4
34
The Water Act prescribes the requirements to be met when constructing water schemes and makes provision for subsidies from government. Sometimes water is supplied in bulk to metropolitan areas. Individual municipalities provide for the construction of reservoirs and reticulation systems to supply and sell water to the consumers. Water delivered by municipal authorities must be suitable for drinking and washing purposes. To determine the consumption of inhabitants, people are appointed by municipalities to take readings of metres installed. These readings are used to prepare water bills. Electricity and water are reflected together on the account.
1.5
1.6
Conclusion
A detailed list of services rendered by municipal authorities has been discussed above. As the population increases and cities and towns develop, more services are needed. Municipalities can only provide services as set out in legislation, and if they have the necessary funds to provide the services. Local authorities are autonomous bodies and can decide for themselves which services they will render, depending on the availability of resources.
35
Module 4
36
Module 5
Levels of government
After completion of this module you should be able to: Understand the levels of government Explain the relations between local authorities and central government Understand the role of Parliament in local government Understand the role of the State President in local government Understand the role of Cabinet in local government Explain the relationship between local authorities and provincial government Explain the relationship and co-operation with other local authorities.
Module 5
1.
1.1
Relations between municipal authorities and between municipalities and other levels of the hierarchy
Introduction
The Constitution has established three levels of government which are distinctive (separate from one another), interdependent and interrelated (Section 40). The Constitution also requires that all three levels of government must conduct their activities with the principles of co-operative government and intergovernmental relations in providing a service to the citizens of the country. The Intergovernmental Relations Framework Act 13 of 2005 also lays down principles and provides a framework for the national, provincial and local governments and all organs of state within those governments to facilitate co-ordination in the implementation of policy and legislation. Local government is important because it is the sphere of government closest to the citizens of South Africa and is constitutionally responsible for providing services without which citizens cannot live. Local government can however not function without the higher authorities as all municipal functions are authorised by central legislation or provincial ordinances and some activities are also funded by higher authorities. This means that municipal authorities must be in contact with higher authorities and maintain good relations. Central and provincial authorities often have local offices within the boundaries of the municipalities, which requires them to work together on a regular basis. The relations between the three spheres of government will be discussed below.
1.2
Levels of government
The three levels of public institutions, central, provincial and local, were established by the Constitution (Section 40) to carry out all the functions which must be performed in order to provide services to the population. Legislative, executive and administrative functions are carried out on all three levels of government to provide the necessary services.
Provincial government
Local government
38
Levels of government
South Africa is a big country with a large population. To facilitate government with the administration of the state the geographical area is divided into smaller parts. Before 1994 South Africa was divided into four provinces and ten TBVC states (black homelands). With the new Constitution (Act 108 of 1996) the country was divided into nine provinces including the TBVC states. The provinces consist of urban areas, towns and cities and rural areas consisting of farms. This division of the state into geographical areas necessitates the creation of institutions to administer and govern the state. The state is divided into three levels of government: central, provincial and local government. The nine provinces are each divided into local or municipal authorities. There will always be a relationship between theses three levels of government because the local authority, although an autonomous body, needs authorisation from higher authorities to perform its functions.
Municipalities in Gauteng
1.3
Module 5
The object of Act 13 of 2005 is to provide within the principle of co-operative government a framework for the national, provincial and local governments, and all organs of state within those governments, to facilitate co-ordination in the implementation of policy and legislation including: coherent government the effective provision of services the monitoring of the implementation of policy and legislation the realisation of national priorities. The role and relationship of the higher authorities with local authorities will be discussed below.
40
Levels of government
To summarise: legislative authority is vested in Parliament and, to carry out the delegated functions, municipal authorities have to be in contact with the minister of Cabinet entrusted with local government. Central and local government work together in areas of finance, health, housing, electricity, transport, planning, tourism, sport, labour and recreation, to name a few, and thus a co-operative relationship between these two government bodies is essential.
1.4
1.5
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Module 5
Sections 24 to 27 of Act 13 of 2005 deal with district intergovernmental forums. For every district municipality there must be a district intergovernmental forum to promote and facilitate intergovernmental relations between the district municipality and the local municipalities. The forum consists of the mayors of the municipalities, or councillor designated by them. The role of the district forum is to serve as a consultative forum for the local authorities to discuss and consult one another on matters of mutual interest, including: draft national and provincial policy and legislation relating to matters affecting the local government interests the implementation of national and provincial policy and legislation with respect to such matters matters arising from the Premiers forum which affect the local authorities mutual support and the provision of services in the district together with planning and development in the district the co-ordination and alignment of the strategic and performance plans and priorities, objectives and strategies of the municipalities in the district any other matters of strategic importance which affect the interests of the municipalities in the district. Act 13 of 2005 also allows two or more municipalities to establish an inter-municipality forum to serve as a consultative forum for the participating municipalities to discuss and consult one another on matters of mutual interest.
1.6
Conclusion
In the past, intergovernmental relations between the different levels of government was more a matter of hope than of constitutional fact. The Constitution, Act 108 of 1996, changed this. Chapter 3 deals with the principles of co-operative government and intergovernmental relations. As discussed above, national legislation was promulgated to establish forums on the different levels for intergovernmental relations. The Constitution also requires that all organs of state must make every reasonable effort to avoid intergovernmental disputes and to settle intergovernmental disputes without resorting to judicial proceedings. If disputes do happen, the procedures on how to deal with them are also laid down in legislation.
Review questions 1. Discuss how the functions and authority are distributed among the three levels of government. 2. Parliament makes numerous laws on matters which affect the functioning of the local authority e.g. laws on electricity, roads, etc. 2.1 Describe the role of Parliament in Local Authority. 2.2 Explain the role of Cabinet in Local Authority. 3. In each province an executive council is established according to the constitution. The Premier of the province is the head of each province. Discuss the role of the Premier in municipalities.
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Module 6
Module 6
1.
1.1
Municipal Elections
Introduction
Residents in a municipal area cannot decide individually about a matter, and therefore representatives are elected to make decisions on their behalf in the municipal council. Residents must register as voters and then have the opportunity to select representatives through local elections. Representation is not the perfect way to satisfy all the needs of the community, but it is not possible for all inhabitants to meet to make decisions. By voting for a representative the voter gets the opportunity to voice his opinion on local matters. The elected representatives get a mandate from the voters to deliberate with other representatives on legislation to organise community life and provide services to satisfy needs and approve the budget which is needed to implement decisions. Regular elections (every four years) will give the voter the opportunity to replace representatives (councillors) who did not represent his/her ward properly. If a councillor die or resign an interim election, for that ward only, will be held to elect another councillor. In the paragraphs that follow the municipal election process will be discussed.
1.2
A resident can only vote once for a municipal government but can vote in two different municipal areas if he/she own property in both areas. A voter whose residence has changed must apply to have that change recorded in the voters roll or be deregistered as voter.
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The national common voters roll compiled and maintained in terms of the Electoral Act must be used for municipal elections. A municipalitys segment of the voters roll consists of the segments of the voters roll for the voting district falling within the municipality. Municipal Electoral Act 27 of 2000.
1.3
Voters roll
A voters roll is a list of names of all the residents who registered to vote. The Independent Electoral Commission (IEC) specifies the format and details to be entered on the voters roll. Before an election can take place, it is the function of the Chief Electoral Officer to compile a voters roll.
1.4
Electoral wards
The Constitution requires that wards be determined for each local authority. A ward is the boundary of area within which voters may cast their votes. The Demarcation Board, an independent authority, required by the Constitution, receives its authority to determine wards from the Municipal Structures Act. When deciding on the number of wards the following criteria can be used: The number of councillors must be determined before wards can be allocated; The number of registered voters in an area; Topographical and physical characteristics of the area; The availability and location of suitable places for voting and counting; The density of the population greater density more voting stations; Safety and security of voters and election material.
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Module 6
After the wards have been allocated and how many representatives must be elected, the election can take place.
1.5
Elections
A municipal authority must be elected democratically according to the Constitution and Municipal Electoral Act 27 of 2000 at intervals of not less than three years and not more than five years.
Local government elections in South Africa takes place every four years.
The IEC must: compile a list of candidates contesting the wards for each ward to be contested; certify those lists for that specific election; keep copies of the lists available at the office of the IECs local representative and Issue to each candidate a certificate.
Activity 2 Go to the website of the municipality in your area and find the councillor who represents the ward where you live. List the name of the ward and the details of the councillor (ward representative). Establishment of voting stations Suitable venues which will serve as voting stations must be identified. When determining voting stations the IEC must take into account: anything that could affect the free, fair and orderly conduct of the election for example an area exposed to attacks; population density (how many people live in the area); the need to avoid congestion at the voting station e.g. inadequate parking facilities or poor design of venue which hinder free flow of voters from door to officials to voting compartments. The IEC must give notice that copies of voting stations are available for inspection at the office of the local representative. If necessary for a free and fair election, the IEC may relocate a voting station. Ballot papers The IEC determines the design of the ballot papers to be used in an election and ensure that ballot papers are printed and delivered in the correct form and number to the correct voting station. Strict security in the printing, transport, delivery and storage of ballot papers is of utmost importance. The names of parties or candidates appear in alphabetical order on the ballot paper. Ballot papers are bound into books or blocks and the counterfoils contain a serial number for control purposes. Ballot boxes The IEC is responsible for the design, construction and numbering of the ballot boxes. It must be designed in such a way that it can be securely closed after the elections. In the past ballot boxes was made of steel, which is expensive and difficult to handle. Modern ballot boxes are made of cardboard. Voting compartments (voting booths) The IEC is responsible for the design, construction and delivery of the voting compartments. Three sides of the voting compartment are closed and one side open where the voter enters and make his mark / vote. Voting materials The IEC is responsible for providing every voting station with the following voting materials: ballot papers; ballot boxes; voting compartments; 47
Module 6 certified segment of the voters roll for that voting district; stationary; furniture and An official mark to be stamped on the back of the ballot papers.
Appointment of presiding officers A presiding officer and deputy presiding officer are appointed by the IEC for every voting station. The presiding officer or deputy presiding officer has to: manage, co-ordinate and supervise the voting at the voting station; take all necessary steps to ensure orderly conduct at voting station; order, if needed security to assist in ensuring orderly conduct; Exercise any other duty imposed by the Act. Appointment of voting officers The IEC also appoints voting officers who assist the presiding officer with duties on election day e.g. checking voters roll and IDs, handing out ballot papers, etc. Appointment of counting officers and counters At each voting station a counting officer and deputy counting officer is appointed by the IEC whose duties are the managing, supervision and counting of votes. A counter is a person who helps the counting officer with the counting of voters. Appointment of agents An agent is a person appointed by a political party or by an independent ward candidate who may observe the proceedings concerning voting, counting and declaration of results. An agent may not interfere with the proceedings but may lodge an objection, if alleged irregularities are suspected, to the presiding officer or counting officer. Observers An organisation may apply to the IEC to be an observer at an election who will only observe and be present at the election proceedings.
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Opening of voting stations Before opening at 7:00 the presiding officer at each voting station must: Show the agents and candidates present that each ballot box is empty; Seal the ballot box with a seal designed by the IEC; Close and secure all openings of the ballot box except the opening through which the ballot papers are inserted by the voters. Duties of officials at voting stations ensure that ballot boxes are sealed before opening voting station; ensure that required furniture and stationary are available; ensure that layout of voting station is effective; open and close voting station at the prescribed times; ensure that the voters vote in secret in the voting compartments; verify the registration of the voter on the voters role; issue ballot papers and keep record of it; keep order at the voting station; seal the boxes after closure of the voting station; deliver the ballot boxes and election material to the presiding officer.
Voting procedure A voter may vote once at the voting station where that voter is registered. The procedure is as follows: The voter produces his/her identity document to an electoral officer. The official will verify the voter on the voters roll and check if the voters is the person in the identity document.
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Module 6
The voters name is marked in the voters roll as proof of voting. The voters left thumb and nail is marked with ink. The back of the ballot paper is marked with the official election stamp. The ballot paper is handed to the voter. The voter vote in a voting compartment in secret. The voter folds the ballot paper and put it in the ballot box. Voter exits the voting station.
Closing of voting station The voting stations doors will close at 21:00 if not extended by the IEC. Voters who entered the voting station before 21:00 can finish their voting procedure. The presiding officer will then close the opening, through which ballot papers were inserted of the ballot box, using a seal provided by the IEC. Other ballot boxes would have been sealed in this way as they have been filled up during the day. All unused boxes must also be sealed by the end of the voting day. After boxes were sealed the presiding officer must do the following: Complete a ballot paper statement reflecting the number of: ballot boxes issued; used ballot boxes; unused ballot boxes; ballot papers issued; ballot papers not issued / unused ballot papers; cancelled ballot papers. Seal in separate containers: the certified segments of the voters roll provided; the unused ballot papers; any cancelled ballot papers; the written record of objections concerning voting; allow agents to affix their seals to those containers.
Counting of votes and announcement of results In the past votes were counted at central point by nowadays votes are counted at voting stations. This is safer than transporting the ballot boxes to a central point, but it requires expert officials to do the job. The IEC can also identify a venue for counting votes in cases of mobile voting stations. The presiding officer may also be the counting officer. The procedure for counting votes is as follows: Verification of the sealed boxes and other material; The presiding officer with agents, candidates and observers must examine seals of ballot boxes to ensure that there was no tampering; Sealed boxes are opened and verified with presiding officers form; Ballot papers are sorted and spoilt papers and papers without the official mark are removed; Ballot papers are sorted into bundles of 50 or 100, face down so that votes cannot be seen and back is checked for the official mark; The bundles are totalled and checked against the totals in the presiding officers ballot paper statement; The actual count is done by teams who turn ballot papers face up and sort them into bundles of 50 or 100 for each party or ward candidate. After the counting has been completed, the presiding officer will inspect the doubtful ballot papers and decide to accept or reject them.
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Once counting is completed, and the presiding officer is satisfied with the counting process, he/she will submit the results to the IEC. The IEC may have to investigate alleged irregularities by electoral or counting officials. The declaration of results will be made by the IEC within seven days of an election.
1.6
Party Politics
The role of political parties in municipal elections is often questioned. Voters vote for a candidate and not for a political party even though candidates represent political party, independent candidates, who do not represent a political party, can also stand in municipal elections. We can argue that political parties do not play a role in municipal elections, but municipalities is part of South Africa as a whole and cannot be separated from national and provincial legislation. Till 1988 political parties did not play a very big role in municipal elections but in 1988 political parties openly contested seats in the elections. The involvement of political parties in municipal elections has both advantages and disadvantages.
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Module 6
Activity 3 Go to the website of the municipality in your area and identify all political parties that contested the last local election and which parties are represented on the council.
1.7
Conclusion
All inhabitants of municipalities have a right according the Constitution (Act 108 of 1996) to elect their municipal representatives. Local level is the closest level to the citizens and is the place where they can take part in municipal government and administration. Inhabitants in an area are directly affected by the decisions of the Municipal Council and they must deep the municipal authority accountable and take part in elections. If they do not it may happen that candidates are elected who might serve their own or party interests rather than the interests of the residents in the municipality.
Review Questions 1. Residents in a municipal area choose, through voting, representatives (councillors) to represent them on the Municipal Council. Explain the following with regard to the voting procedure: 1.1 Who qualify to vote in local elections? 1.2 How can a person be disqualified to vote? 1.3 Discuss the procedure for preparing a Voters Roll. 2. Explain the criteria used to determine the how the number of wards for a municipal election. 3. A ward candidate could be a member of a political party registered for the election or an independent candidate. 3.1 Discuss the procedure political parties must follow to contest the local elections. 3.2 Explain what a candidate must do to contest the election. 3.3 Explain what the IEC must do i.r.t the ward candidate. 4. On the day of the elections everything must run smoothly in order to have orderly elections. The different role players will all have their own duties. Discuss the duties of officials at the polling stations during elections. 5. Discuss the procedure for counting of votes after the election. 6. Since 1988 political parties openly contested seats in the Municipal elections. The presence of political parties in Municipal elections has both advantages and disadvantages. 6.1 Discuss the advantages of political parties. 6.2 Discuss the disadvantages of political parties.
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Module 7
Councillors
After completion of this module you should be able to: Explain who qualifies to be elected as a councillor Explain how a person is disqualified from becoming a councillor Understand the conditions under which councillors serve Discuss the status of councillors Explain the functions of councillors.
Module 7
1.
1.1
Municipal councillors
Introduction
Municipalities enjoy a constitutional status, but not the same as national and provincial government. A municipal council is a legislative as well as governmental institution. Nowadays councillors need special abilities and qualities although no particular academic or other qualifications are prescribed for councillors. Councillors have diverse training, each with his/ her own occupation and profession exercised in a private capacity. Basic requirements to serve as councillor are a sound judgement, good debating skills and a sound knowledge of governmental and political issues. The basic conditions under which councillors must serve is prescribed in provincial ordinances. In this module the qualifications and disqualifications of councillors, the conditions under which they serve and the status and functions of councillors will be discussed.
1.2
1.3
1.4
54
Councillors
Module 7
he/she may be found guilty by a court of law and ordered to vacate his office and will not be eligible for election for a period of three years. A councillor who has been forced to resign due to an infringement may not be re-elected as councillor for a period of three years.
Councillors
1.5
Status of councillors
When a candidate accepts the nomination, he/she agrees to devote him/herself to the interests of the inhabitants of the municipality. If the candidate is elected to the municipal council, the interests of the voters and inhabitants come before personal interest and needs. If elected, the councillor is bound by the code of conduct and the conditions as discussed above, under which he/she must serve. Jointly with other councillors decisions are made and policy is determined for the municipality to serve the best interest of the inhabitants. Individual municipal councillors do not have any authority to make decisions on behalf of the council but, together with the other councillors, as a group, they have the authority given to them by the voters to manage the municipality to the best of their ability.
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Module 7
1.6
Functions of councillors
1.6.1 Representation
Councillors are elected by the voters to represent them (the voter) in the municipal council. The voters expect the councillor to ensure that their needs and expectations are met through decisions by the council and municipal policy. To perform this task councillors must: keep themselves informed of the views and needs of the voters determine the nature and extent of activities undertaken by the council and its officials to satisfy these needs Represent their wards in council meetings by taking part in decision- and policy-making.
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Councillors
1.7
Conclusion
The high degree of urbanisation, especially in metropolitan areas, requires municipal councillors with exceptional qualities such as a high degree of integrity, a good sense of judgement, the ability to debate, good articulation and the art of persuasion, in order to be able to get colleagues and others to accept their point of view. Although no specific qualification is necessary to become a councillor, specific disqualifications are prescribed in legislation to prevent ineligible persons from serving as councillors. Individual municipal councillors do not have authority on their own, and cannot interfere in the administration of the municipality. Their function is to govern the municipality through decisions and policy approved in council and committee meetings and represents the voters who elected them.
Review questions 1. To be nominated or elected as members of municipal councils, members must comply with certain statutory qualifications prescribed in Acts of Parliament and provincial ordinances. Discuss the criteria which can be used to disqualify a person from becoming a councillor. 2. Briefly discuss the following conditions / codes of conduct under which councillors must serve: 2.1 Withdrawal from meetings 2.2 Exceptions for entering into contracts/agreements with the council 2.3 Personal gain 2.4 Acting as agent 2.5 Declaration of interest 2.6 Interference in the administration 3. Discuss the functions of councillors.
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Module 7
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Module 8
Mayors
After completion of this module you should be able to: Understand the mayoral system in municipal authorities Explain the process of election of the mayor Discuss the duties and powers of the mayor Explain the role of the deputy mayor Explain the role of chairperson of a committee in municipal authorities.
Module 8
1.
1.1
1.2
The mayor
Two types of mayoral systems are applicable in municipal authorities. A Strong Mayor System where the mayor is elected by voters and the mayor serves as chief executive of the municipal authority. This system is in use in America. The Weak Mayor System where the mayor is elected by the council members. South Africa makes use of this system but the mayor plays a much bigger role nowadays. The current status of mayors in South Africa has changed radically from the older, traditional model in the last century where the mayors role was more ceremonial. The new South African mayor is the political leader of the council, acts as chairperson of the council and has certain executive powers. The Municipal Structures Act 117 of 1998 makes provision for the election of an executive mayor or non-executive mayor depending on the type of municipal structure adopted.
62
Mayors
If no candidate receives an outright majority of votes, then the candidate with the lowest number of votes is eliminated and another vote is taken. This process continue till one candidate has a clear majority and is elected. If only two candidates are nominated, or only two remain after having received the same number of votes, a further council meeting must be held within seven days where election procedure is repeated till a candidate is elected.
The people of Cape Town have given us the resounding mandate to deliver on the promise of building the opportunity city of the future. We will build on the solid foundation laid by the previous two administrations under my predecessors, Helen Zille and Dan Plato, by fulfilling our mission of being a government of excellence and innovation, a government with a vision of a greater city. That vision is to address poverty through economic growth and jobs, because only through a strategy of sustained poverty reduction through economic development will we ensure that we give every resident the means for a better life and create a truly inclusive city. I am determined that all of us in this new administration will work tirelessly, day and night, to live up to this vote of confidence to ensure that we do justice to the hopes, dreams and aspirations of all the citizens of our great city. It will be difficult work but I have faith that we will achieve what we set out to do and more. (Executive Mayor Alderman Patricia de Lille)
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Module 8 Powers and functions of mayors (non-executive) The non-executive Mayor has the same functions as the traditional mayor. The powers and functions are: to chair the full municipal council meeting except where the Management Committee System is used to be an ex-officio (non-voting) member of each committee to have a casting vote in the council, in addition to normal vote in the case of an equal vote to convene an extra-ordinary or special meeting to sign the minutes of the council meeting, often in conjunction with the municipal manager to call a public meeting on request of a prescribed number of voters to authenticate documents (sign documents to give it legal validity). Non-statutory functions of the mayor are: to represent the town or city to act as ceremonial head of the city or town and meet and entertain prominent visitors on behalf of the community, and attend functions to head the delegations to provincial and central government to initiate, sponsors or act as patron for welfare causes. The remuneration of mayors is set out the Public Office Bearers Act 20 of 1998 which provides for the determination of upper limits of the salaries and allowances of the different members of municipal councils by the Minister of Provincial Affairs and Local Government after consultation with the local government MECs.
1.3
Deputy mayors
The deputy mayor is elected at the same meeting and in the same manner as the mayor. There are two types of deputy mayor, namely the deputy executive mayor and the deputy mayor, depending on the type of municipality. Both types do not have any statutory powers, but assume the powers of the executive mayor/mayor when they are absent or unavailable.
1.4
Chairpersons of committees
The Municipal Structures Act makes provision for the compulsory committees, such as the executive committee or mayoral committee for executive mayors and committees such as planning, finance, etc., as well as sub-council and ward committees. For each committee a chairperson and deputy chairperson must be appointed after the different committees have been established by the council. The council may appoint the chairperson and deputy chairperson, or the members of the committee can elect them. The executive mayor/mayor is not allowed to chair a committee meeting. The duties of the chairman of the committees will be discussed in Module 10.
1.5
Conclusion
Office bearers play an important role in the municipal councils and new legislation makes provision for the election of an executive mayor or mayor deputy, executive mayor and/or deputy mayor. The election of the office bearers and their own powers and responsibilities is set out in the Municipal Structures Act 117 of 1998.
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Mayors
Municipalities make use of a committee system and the chairperson of the committees must ensure that committees are effective and issues are discussed and evaluated before recommendations to the council are made.
Review questions 1. Discuss the procedure for electing the mayor. 2. Discuss the powers and functions of the executive mayor. 3. Discuss the powers and functions of the non-executive mayor.
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Module 8
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Module 9
Committee system
After completion of this module you should be able to: Understand the committee structures of municipalities Explain the executive committee system of municipalities Explain the role of the committees in assisting the executive committee/mayor Explain the metropolitan sub-council system Explain the role of ward committees
Module 9
1.
1.1
1.2.
68
Committee system
The functions and powers of the executive committee are to: receive reports from other committees, which are forwarded to the council with recommendations, except if the executive committee can deal with the matter identify the needs of the municipality review and evaluate those needs in order of priority recommend to the municipal council programmes and strategies to address the priority needs and the estimates of revenue and expenditure for these needs recommend the best way to deliver those strategies and satisfy the needs to the maximum benefit of the community evaluate the progress of the implementation of strategies and programmes that address the needs review municipal performance in order to improve: the economy, efficiency and effectiveness of the municipality; the efficiency of credit control and revenue and debt collection; the implementation of municipal by-laws monitor the management of the administration of the municipality in accordance with municipal council directions oversee the provision of services to communities in the municipality in a sustainable manner; perform such duties and exercise such powers as delegated by the council report annually on the involvement of communities and community organisations in the affairs of the municipality ensure that public views are taken into account.
1.2.3 Advantages
Decisions are taken more quickly because there is only one committee to consider matters. The executive committee give priority to the basic needs of the community. It concentrates on developmental local government. It deals with financial control, personnel matters, property management and policy formulation. It makes an effort to get community involvement. Accountability can be pinned on a specific person because of the small number of members.
1.2.4 Disadvantages
Other councillors lose interest in municipal administration if they are not a member of the executive committee. Council meetings tend to be there as a rubber stamp for the recommendations of the executive committee. Members of the executive committee tend to dominate council meetings. Most matters are presented in final form before the council and non-members of the executive committee feel that they do not have much say in the matter. The term of office for the members of the executive committee is too long. The executive committees often does not succeed in co-ordinating the activities of the different departments.
1.3
Committees to assist executive committees or executive mayors (previously known as Multiple Committees)
An executive committee or executive mayor may appoint committees to assist them. The Mayor: chooses the members of the mayoral committee (the chairperson of the portfolio committees) appoints the chairperson of the committee may delegate any vested powers and duties to such a committee.
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Module 9
The function of these committees is to: report to the executive committee or mayor in accordance with the direction or delegation given to them assist the executive committee or mayor. This committee is not a committee of the council but only assists the executive committee and mayor.
City of Cape Towns Mayoral Committee Cape Town and Johannesburg as well as Nelson Mandela Bay Municipality (PE) make use of this system. See below: Executive Mayoral System: Nelson Mandela Bay Municipality The Executive Mayor governs together with the Speaker, who is the Chairperson of the Metropolitan Council, the Deputy Executive Mayor and a team of nine Chairpersons of Portfolio Committees within an Executive Mayoral Committee system. Our Executive Mayoral system is combined with a vibrant Ward Participatory System to ensure community participation on grassroots level. The Portfolio Committees are outlined below: 1. Budget and Treasury 2. Economic Development, Tourism and Agriculture 3. Public Health 4. Human Settlements 5. Corporate Services 6. Infrastructure and Engineering 7. Sport, Recreation, Arts and Culture 8. Safety and Security 9. Constituency Services 10. Special Projects
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Committee system
1.4
Metropolitan sub-councils
Only metropolitan municipalities established as a type of municipality with sub-councils may establish sub-councils.
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Module 9 Additional PR councillors become members in proportion to the number of registered voters in the area. One of the members is elected as chairperson by the sub-council. Members serve for the term of office of the council. The chairman decides when and where the sub-council will meet. A meeting must be held if the majority of members request it in writing. A sub-council, by means of majority vote, may determine its own procedures, subject to directions by the council. A quorum is needed for sub-council decisions which are made by majority vote. A sub-council may appoint committees, including a management committee, to assist it in exercising its duties. A sub-council has the statutory power to make recommendations to the council on any matter affecting its area. A sub-council may advise the council on what duties and powers should be allocated to it.
Committee system
1.5
Ward committees
Ward committees are an option allowed in the Municipal Structures Act for metropolitan and local municipalities established as a type with ward committees. In some municipalities there can be sub-councils and ward committees. Ward committees are established to enhance participation by the community. Ward committees are established by rules made by the council and consist of: The ward councillor is the chairperson Not more than ten persons who are elected by the community they serve Women should be well represented. The purposes of the ward committees are: to get better participation from the community to inform council decisions to make sure that there is more effective communication between the council and the community to assist the ward councillor with consultation and report-backs to the community. Ward committees cannot directly communicate with the administration of the municipality and have to communicate through the councillor to the council or mayor.
Ward committees Each ward may have a ward committee of up to 10 persons which must accurately reflect the registered CBOs in the ward in the relevant sectors including ratepayers and civic organisations, faith-based organisations, safety and security groups, environmental groups, early education, youth organisations, arts and culture, sport, the business community and designated vulnerable groups such as the aged, gender and the disabled. The Ward Councillor is the chairperson of the ward committee. A proportional representation (PR) councillor allocated to the Ward Committee, and the Junior City Councillor, are ex officio non-voting members. All committee members must regularly consult their sectors and advise the ward councillor on needs and priorities, including the budget, and make recommendations to the sub-council or other committees of council. Although ward committees have no powers, they are the most direct link between a community and the structures of council. They must meet at least quarterly and members receive an allowance for out of pocket expenses to carry out their duties. Click on the following documents for more information: (www.capetown.gov.za)
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The City of Cape Towns schematic representation of the committee system which helps the residents understand how they fit into local government.
1.6
Conclusion
All types and forms of government have committees. No democratic system can function without a committee system. The Municipal Structures Act makes provision for the establishment of compulsory committees, such as the executive committee or the mayoral committee for executive mayors, who can establish other committees to assist them. Sub-council and ward committees can also be established, which bring municipal government to the voters.
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Module 10
Module 10
1.
1.1
A chairperson organizes a meeting through an agenda (list of items to be discussed) which is distributed in advance. The chairperson is responsible for running meetings: keeping the discussion on the appropriate subject, recognising members (calling on them to speak), and calling for votes after a debate has taken place. (Formal voting is normally only done in committees involved in governance as governance committees often have formal processes.) Minutes are a record of the discussion and decisions of the meeting, taken by a person designated as the secretary of the meeting. Typically for government committees, the minutes are legally binding. For committees that meet regularly, the minutes of the most recent meeting are often circulated to committee members before the next meeting. Committees may meet on a regular basis, often weekly or yearly, or meetings may be called irregularly as the need arises.
1.2
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Each municipal authority should have its own set of standard rules and procedures for meetings to ensure that meetings are held in an orderly manner. These procedures must prescribe the order of business, notice of meeting, agenda, minutes, motions, etc.
1.3
Reports
Most of the items discussed at council and commitee meetings are submitted for discussion in the form of reports. These reports are submitted under the signature of the head of department or delegate, in a prescribed format. Reports are numbered on the first page and must be traceable immediately. Councillors receive a lot of reports and deal with a large volume of literature received. The following tips can help to make the tasks of the counicillors easier: Council must clearly specify who may sign reports to eliminate uncontrolled reports. Reports that affect more than one department (organisational unit) can only be submitted to the council if comments of all departments concerned have been obtained and included in the report.
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Reports must be submitted in a prescribed format and should include: A systematic representation of particulars and arguments; A summary of the report A recommendation Reports submitted must be correct and written in unambiguous language to be suitable for discussion without requiring explanations from the author of the report.
A notice of a meeting states the date, time and place of a meeting, and is usually at the top of the same page as the agenda. Notice must normally be given at least 7 days in advance.
1.4
Notice of Meeting
Provincial ordinances prescribe that members of Council and commitee members should be informed of the meeting in time for them to prepare for the meeting. Article 16 (4 &5) of Local Authority Notice 82 below, prescribes the procedure for giving notice of a meeting to councillors.
An agenda is a list of items (issues) to be discussed at a meeting. All reports / financial statements to be discussed should be attached to the agenda.
1.5
Agenda
No meeting can be productive without an agenda which is to a meeting like a map to a tourist. The agenda contains the following information: Type of meeting, date, time and venue of the meeting (notice of meeting) List of items to be discussed at the meeting Reports that need to be discussed. These should be attached to enable the members to prepare themselves for the meeting.
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1.6
Minutes
A secretary is responsible to take note of all decisions (resolutions) taken by the members during the meeting. After the meeting the items discussed and the resolutions must be recorded in the minutes. If minutes are written in English, they must be written in the past tense whilst if they are written in Afrikaans, the present tense is used.
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The minutes must be clear, concise and an objective description of: The members present/absent; Matters discussed Decisions taken Who is responsible for actions to be taken. The reasons why minutes are important: Minutes are the official record of the decisions taken at a meeting and all members have a right to access to the minutes. Decisions taken at meetings must be put into action, and without formal written minutes disagreements on the decisions taken might occur. Report-back is given at the next meeting on the result of actions taken due to the decisions of the previous meeting. Minutes of the previous meeting are also approved at the follow-up meeting if all members agree with the content. Minutes, together with the budget documents of municipal authorities, are seen as a declaration of policy that needs to be executed. Minutes are legally binding and must be kept on record for future use. Certain aspects need to be kept in mind when drawing up minutes.
1.6.2 Content
The heading should include: Name of municipal authority Nature of meeting (ordinary, committee or special meeting) Date, place and time of meeting The names of those concerned as follows: Councillors present Councillors absent with and without apology Serving officials Special delegates with an indication of when they joined and left Previous minutes Word approved with place for signature of chairman, and date. Body of minutes should include: Headings of items Descriptions of items discussed Decisions taken Names of councillors / persons responsible for actions Due dates for actions to be taken
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Transport services a) Extend My-City bus service to X b) Purchase 4 buses for this service
A municipal council can decide which type of minutes to use and has to look at the advantages and disadvantages of all systems before deciding.
Activity 5 Get a copy of an agenda and minutes of a council meeting of your local authority. Bring it to class and discuss it. (You can go to the website of your municipality and find it there).
1.6.4 Compilation
To compile minutes is a simple task because they are compiled as a unit. Where more than one agenda have been dealt with at the same meeting, it is possible to compile one set of minutes for both agendas. A confidental agenda item does not necessarily result in a confidential resolution. If certain discussions in a council meeting were held confidentially and the resolutions were confirmed by the council as a whole, such resolutions are no longer regarded as confidential and can be included in the agenda. The most common way to number minutes is according to the numbers on the agenda. It is also convenient if the minutes are bound together with the annexures in one volume.
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1.6.5 Indexing
Indexing is the compilation of a catalogue of the subjects on which council resolutions have been passed. This helps with the tracing of information, especially to determine if a resolution on a specific item has been passed. Indexing is done alphabetically according to the item (e.g. transport) with the respective dates and relevant file numbers. Nowadays it is very easy to trace an resolution by using the search engine on the website of the municipal authority.
1.7
Chairperson
The mayor of the city or town acts as chairperson of the council meetings and, if he/she is absent, the deputy mayor does. If both are absent, the councillors present elect one of the members to chair the meeting. For successful discussion and debating at a meeting, the chairman: should should not dominate and enforce his/her views on the other members must give guidance at the meetings must be fully knowledgeable about the content and meaning of all items on the agenda should ensure that discussion does not develop into personal vendettas shoule perserve the unity of the council and not allow it to split into groups.
Module 10
A motion is a formal proposal by a member of a council meeting that the meeting take certain action. It can bring new business before the assembly or consist of numerous other proposals to take procedural steps or carry out other actions relating either to a pending motion or the body itself.
1. Agenda
6. Reporting
2. Meetings
5. Action
3. Decisions
4. Minutes
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1.8
Conclusion
Meetings are necessary to make binding decisions, therefore the Standing Orders must be followed when conducting meetings. Meetings take time and must be conducted in an orderly way to eliminate waste of time, therefore agendas are distributed beforehand for members to familiarise themselves with the items to be discussed. Decisions/resolutions made at meetings are binding and must be recorded and written in such a way that they are easy to understand and are a true reflection of the decisions of the meeting. Minutes are important documents in which the policy of the municipal authority is set out, and must be kept for future reference. The chairperson is the person who must ensure that meetings are orderly; the items on the agenda are discussed in the order they appear, and decisions are made. Meetings are a fact of life and it is impossible to govern democratically without meetings where issues are discussed and decisions are made.
Review questions
1. Councillors receive a lot of reports and deal with a large volume of literature received. What practical hints can help to make their task easier? 2. Which format should be used when submitting reports? 3. There are statutory provisions for agendas for each municipal authority and councillors must be aware of the statutory provisions for their municipality. Discuss the general provisions found in most municipal authorities. 4. Explain the reasons why minutes are important. 5. Which aspects should be kept in mind when drawing up minutes? 6. List and briefly explain the different types of minutes that can be used. 7. Discuss the statutory provisions that councillors must adhere to regarding meetings. 8. For successful discussions and debating at meetings there are certain things the chairperson must adhere to. Discuss. 9. The chairman must consult the relevant Rules of Order to familiarise himself with his duties and powers. Discuss: 9.1 The functions of the chairman 9.2 The duties of the chairman 10. Explain the cycle of a meeting either with a description or a schematic representation.
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Municipal Administration
Bibliography
Bibliography
Official publications
The Constitution of the Republic of South Africa Act 108 of 1996 Electoral Act 73 of 1998 Municipal Structures Act 117 of 1998. Municipal Structures Amendment Act 20 of 2002 Municipal Electoral Act 27 of 2000. Municipal Finance Management Act 56 of 2003 The White Paper on Local Government, March 1998 A Guideline to Municipal Finance Management for Councillors.
Web searches
www.capetown.gov.za www.joburg.org.za www.durban.gov.za www.nelsonmandelabay.gov.za www.parliament.gov.za www.sadelivery.co.za
Reference books
Craythorne, DL, Municipal Administration. The Handbook, 6th edition, Juta, 2006. Botes, PS, et al, Public Administration and Management, Kagiso Tertiary, 1992. Cloete, JNN, Public Administration and Management, New Constitutional dispensation, JL van Schaik, 1996. Du Toit, D et al, Public Administration and Management The Grassroots, 2nd ed, Juta, 1998.
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