N5 Municipal Administration

Municipal Administration Downloaded from hlayiso.com N5

Module 1 – Development of local authorities INTRODUCTION When towns and cities became religious over time, administrative and political structures and as the urban areas developed and grew, and the citizens realised that they need representatives to govern their affairs. Structures developed that culminated in local authorities. Downloaded from hlayiso.com www.futuremanagers.com

Module 1 – Development of local authorities (continued) SOCIAL DEVELOPMENT OF LOCAL AUTHORITIES UP TO THE 1800s • People started living in areas where produce and livestock were produced. • As soon as people live close together, they start to socialise and do things together. • Churches were built, which was often the start of a town. • Urbanisation resulted in social needs to be satisfied. • Teachers started teaching children Downloaded in groups from and schools were established. hlayiso.com www.futuremanagers.com

Module 1 – Development of local authorities (continued) ECONOMIC DEVELOPMENT OF LOCAL AUTHORITIES UP TO THE 1800s • Farmers in the Cape of Good Hope traded to the ships on their way to the East and started building an economy in the Cape of Good Hope. • Farms could not provide work for everybody and entrepreneurs started to provide services to the farmers on their behalf. • Businesses were established in the towns to sell produce and livestock and repair machinery. Downloaded from hlayiso.com www.futuremanagers.com

Module 1 – Development of local authorities (continued) ADMINISTRATIVE DEVELOPMENT OF LOCAL AUTHORITIES UP TO THE 1800s • Urban areas were developed and a form of government was needed to manage the people living together and settle disputes. • A Heemraden was formed in Stellenbosch and a Landdrost appointed to settle disputes amongst farmers. • In the Cape of Good Hope, a Committee Downloaded of the High Court of Justice was from hlayiso.com formed. www.futuremanagers.com

Module 1 – Development of local authorities (continued) SOCIAL DEVELOPMENT OF LOCAL AUTHORITIES UP TO THE 1900s • The discovery of diamonds and gold resulted in an increase in social needs. • The people that moved to the cities needed work, a place to stay and services, such as health care. • Conflict increased between people who all wanted to get land. • Not everybody found minerals, which Downloaded from resulted in poverty and poor living hlayiso.com conditions. www.futuremanagers.com

Module 1 – Development of local authorities (continued) ECONOMIC DEVELOPMENT OF LOCAL AUTHORITIES UP TO THE 1900s • The Voortrekkers settled as farmers and traded their livestock and produce. • The British settlers were mostly artisans and applied their trades. • The discovery of gold and diamonds caused an industrial and economic boost. • Industries and businesses developed fast around the mining towns. Downloaded from hlayiso.com www.futuremanagers.com

Module 1 – Development of local authorities (continued) ADMINISTRATIVE DEVELOPMENT OF LOCAL AUTHORITIES UP TO 1900s • Dutch took the Cape and replaced the Senate with Raad der Gemeente. • British replaced the Raad der Gemeente. • The Burgher Senate was abolished. • All towns in the Cape Colony established municipal councils. • The Cape Municipal Ordinance served Downloaded fromashlayiso.com a basis for the establishment of municipal councils in Natal, Orange Free State and Transvaal. www.futuremanagers.com

Module 1 – Development of local authorities (continued) SOCIAL DEVELOPMENT OF LOCAL AUTHORITIES UP TO 1983 • Urbanisation increased and many African people came to the cities for better opportunities. • The demand for housing, water, energy, heating and food increased. • There was not enough housing and informal settlements were formed, which are known as squatter camps today. • The apartheid policies after 1948,from Downloaded which moved black people into hlayiso.com townships, caused unhappiness and riots. www.futuremanagers.com

Module 1 – Development of local authorities (continued) ECONOMIC DEVELOPMENT OF LOCAL AUTHORITIES UP TO 1983 • The economy stagnated, which resulted in a loss of many jobs. • The Depression of 1929 throughout the world also affected South Africa. • After 1930, the discovery of other minerals improved the economy again. • White industrialists became richer and owned large portions of land and industry whilst the Africans were labourers. • Apartheid caused international sanctions Downloaded and boycotts, with the loss of from hlayiso.com international investments. www.futuremanagers.com

Module 1 – Development of local authorities (continued) ADMINISTRATIVE DEVELOPMENT OF LOCAL AUTHORITIES UP TO 1983 • The National Party introduced apartheid policies. • Coloured and Indian management committees were established as advisory boards to white local authorities in the Cape and Natal. • Administration Boards and Community Councils was established to empower black people. • The ConstitutionDownloaded was the first attempt fromat political reform, but was of no use hlayiso.com as there was no black representation in Parliament. www.futuremanagers.com

Module 1 – Development of local authorities (continued) SOCIAL DEVELOPMENT OF LOCAL AUTHORITIES UP TO 1994 • People in townships lived in appalling social conditions and boycotted their rent and services charges. • Riots and social unrest increased and people were killed by police during riots. • People in South Africa did not have equal rights. • The first democratic elections allowing Downloaded fromallhlayiso.com South Africans to vote took place on 27 April 1994. www.futuremanagers.com

Module 1 – Development of local authorities (continued) ECONOMIC DEVELOPMENT OF LOCAL AUTHORITIES UP TO 1994 • International sanctions were still in place due to the apartheid policies. • The economy was still run by a white monopoly. • President FW de Klerk realised that, to save the SA economy, the apartheid policies have to be abolished and the anti-apartheid organisations unbanned. • After the releaseDownloaded of Nelson Mandela fromand hlayiso.com the adoption of the 1993 Interim Constitution, international economic relations improved. www.futuremanagers.com

Module 1 – Development of local authorities (continued) ADMINISTRATIVE DEVELOPMENT OF LOCAL AUTHORITIES UP TO 1994 • Regional Services Councils Act allowed the establishment of RSCs to provide income for local authorities. • President FW de Klerk announced the unbanning of anti-apartheid associations and the release of Nelson Mandela. • The Local Government Transition Act was established. • The Interim Constitution Downloaded of South from Africa, Act 200 of 1993, stipulated that the hlayiso.com restructuring of local government must be done according to the LGTA. www.futuremanagers.com

Module 1 – Development of local authorities (continued) DEVELOPMENT FROM 1995 TO 2000 The following acts affected the development of the local government: • Constitution of the Republic of South Africa, Act 108 of 1996, • Organised Local Government Act 52 of 1997, • Local Government: Municipal Demarcation Act 27 of 1998, • Local Government: Municipal Structures Act 117 of 1998, and • Local Government: Municipal Systems Downloaded fromAct 32 of 2000. hlayiso.com www.futuremanagers.com

Module 2 – The reason for existence of municipal authorities INTRODUCTION 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 municipal authorities in the government and administration of the country cannot be overlooked. Downloaded from hlayiso.com www.futuremanagers.com

Module 2 – The reason for existence of municipal authorities (continued) REASONS FOR EXISTENCE OF LOCAL AUTHORITIES There are many reasons why local authorities exist. Several are: • Municipalities ensure that principles of public administration are carried out. • Higher authorities cannot render all the services needed by the inhabitants. • Generate own funds and use money economically. • Services are rendered more cheaply by the authority in the area. • Lighten the burden of central government. Downloaded from hlayiso.com • Inhabitants and officials have interests which ensures better service. www.futuremanagers.com

Module 3 – Determining municipal boundaries INTRODUCTION The Demarcation Board must determine the types of municipalities; whether it is a Category A municipality (metropolitan municipality), a Category B municipality (local municipality) or a Category C municipality (district municipality). Downloaded from hlayiso.com www.futuremanagers.com

Module 3 – Determining municipal boundaries (continued) DEMARCATION BOARD The main function of the Demarcation Board is to: • Determine municipal boundaries in accordance with Act 27 and other legislation, and • Render advisory services with regard to demarcation. Downloaded from hlayiso.com www.futuremanagers.com

Module 3 – Determining municipal boundaries (continued) DEMARCATION The purpose of demarcation factors is to steer the Demarcation Board towards a specific benchmark. These include: • Interdependence; • Land use; • Cohesiveness and integration; • Programmes and services; • Viability and capacity; • Characteristics of an area; • Sharing and redistribution; • Administrative consequences; and Downloaded from hlayiso.com • Traditional and rural communities; • Rationalisation. www.futuremanagers.com

Module 3 – Determining municipal boundaries (continued) CATEGORIES OF MUNICIPALITIES CATEGORY A CATEGORY B CATEGORY C Metropolitan Local municipality District municipality municipality Shares Shares authority with the local Exclusive responsibility municipality within its area. authority to with the district Authority to administer and make make rules over municipality in rules in areas that include more its own area which area it falls than one municipality Downloaded from hlayiso.com www.futuremanagers.com

Module 4 – Environmental factors influencing services INTRODUCTION Environmental factors will differ from place to place because human beings have different needs in different circumstances. The main objective of a local authority is to satisfy the needs of the community by providing the necessary services. To succeed, the local authority will have to take the environmental factors into account. Downloaded from hlayiso.com www.futuremanagers.com

Module 4 – Environmental factors influencing services (continued) ENVIRONMENTAL FACTORS Environmental factors can fall under the following categories: • Physical factors; • Economic factors; • Social factors; • Political factors; • Judicial factors;Downloaded and from hlayiso.com • Religious factors. www.futuremanagers.com

Module 5 – Levels of government and municipal co-operation INTRODUCTION The Constitution requires that the 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. Downloaded from hlayiso.com www.futuremanagers.com

Module 5 – Levels of government and municipal co-operation (continued) LEVELS OF GOVERNMENT The three levels of government all work together in the following way: Downloaded from hlayiso.com www.futuremanagers.com

Module 5 – Levels of government and municipal co-operation (continued) THE ROLE OF CENTRAL GOVERNMENT IN MUNICIPALITIES Functions and authority between the three levels of government: • Central government delegates certain functions and authorities to the Provincial government. • The Provincial government then delegates certain of these functions and authority statutorily (through provincial ordinances) to local authorities. • Local authoritiesDownloaded are then authorised fromto make by-laws to carry out the hlayiso.com functions delegated to them. www.futuremanagers.com

Module 5 – Levels of government and municipal co-operation (continued) THE RELATIONSHIP BETWEEN MUNICIPALITIES AND PROVINCIAL AUTHORITIES The Intergovernmental Relations Framework Act 13 requires a Premier’s intergovernmental forum, of which the Premier, MECs and mayors of district and metropolitan municipalities must be members. The Premier is closely associated with the activities in local authorities. Downloaded from hlayiso.com www.futuremanagers.com

Module 5 – Levels of government and municipal co-operation (continued) STRUCTURE TO ENHANCE CO-OPERATION The Intergovernmental Relations Framework Act 13 was established to promote and facilitate a system of co-operative governance. The Municipal Systems Act 32 also places emphasis on co-operative governance in Section 3, which specifies that local governments must ensure effective and efficient co-operative government. Downloaded from hlayiso.com www.futuremanagers.com

Module 6 – Powers and functions of municipalities INTRODUCTION The objectives of a municipality are to: • Provide democratic and accountable government to communities; • Ensure sustainable provision of services to communities; • Promote social and economic development; • Promote a safe and healthy environment; and • Encourage communities and organisations Downloaded to participate in local from hlayiso.com government affairs. www.futuremanagers.com

Module 6 – Powers and functions of municipalities (continued) POWERS AND FUNCTIONS OF MUNICIPALITIES The powers granted to municipal authorities include the right to: • Make by-laws for the area of jurisdiction of the municipality. • Exercise control over the town/city and ensure that all services operate. • Render services with permission from higher authorities. • Levy taxes within prescribed limits. • Determine tariffsDownloaded for the renderingfrom of services. hlayiso.com • Appoint or dismiss officials within their municipality. www.futuremanagers.com

Module 6 – Powers and functions of municipalities (continued) POWERS BETWEEN DISTRICT AND LOCAL MUNICIPALITIES District and local municipalities are to Metropolitan municipalities are to perform perform functions related to: functions related to: • Air pollution; • Beaches and amusement parks; • Building regulations; • Billboards; • Child-care facilities; • Amenities, markets and public places; Downloaded from • Municipal planning; hlayiso.com • Control of public nuisances; • Municipal health services; • Street lighting and parking. www.futuremanagers.com

Module 6 – Powers and functions of municipalities (continued) PROVINCIAL RESPONSIBILITIES OF MUNICIPAL COUNCILS Provincial legislatures have authority to pass legislation on certain matters of the Constitution and are empowered to pass legislation on various local government matters. Downloaded from hlayiso.com www.futuremanagers.com

Module 7 – Services rendered by municipalities INTRODUCTION The Municipal Systems Act is for basic municipal services. A municipality should provide its power and functions for the benefit of the local community. Such a service is either provided by the municipality itself or by an external mechanism, and fees or tariffs are levied in respect of such services. Downloaded from hlayiso.com www.futuremanagers.com

Module 7 – Services rendered by municipalities (continued) STRUCTURE OF A MUNICIPALITY Downloaded from hlayiso.com www.futuremanagers.com

Module 7 – Services rendered by municipalities (continued) CHARACTERISTICS OF SERVICES • Municipalities render services of a local nature. • Municipalities aim to promote the welfare of the community in their area. • Services influence all residents in the specific area. • Municipalities can make autonomous decisions on delegated services. • Municipalities decide the nature, scope and time to render services. • The development of the area depends Downloaded fromonhlayiso.com the services rendered. • The needs of the residents will determine the types of services to render. www.futuremanagers.com

Module 7 – Services rendered by municipalities (continued) CLASSIFICATION OF SERVICES Services which fall under municipal administration can be classified into two categories: • Its internal mechanisms which makes use of departments or administrative units within its own administration; and • Its external mechanism which makes use of an external party by entering a service deliveryDownloaded agreement. from hlayiso.com www.futuremanagers.com

Module 8 – Municipal elections INTRODUCTION Regular elections are held every four years and provide voters the opportunity to replace representatives who did not represent his/her ward properly. If a councillor dies or resigns, an interim election, for that ward only, will be held to elect another councillor. Downloaded from hlayiso.com www.futuremanagers.com

Module 8 – Municipal elections (continued) VOTER QUALIFICATION • A individual person - not a corporate or business. • A South African citizen. • Of a minimum age of 18. • In possession of valid ID document. • Registered to vote on the municipal voter’s roll. • Resident in the Downloaded area of jurisdiction. from hlayiso.com www.futuremanagers.com

Module 8 – Municipal elections (continued) VOTERS’ ROLL A voters’ roll is a list of names of all the residents who are registered to vote. The voters’ roll helps the Independent Electoral Commission plan an election and identify fraud, as it gives an indication of how many voters to expect in each voting district. Downloaded from hlayiso.com www.futuremanagers.com

Module 8 – Municipal elections (continued) ELECTORAL WARDS A ward is the boundary of an area within which voters may cast their votes. After the wards have been allocated and the number of representatives identified, the election can take place. Downloaded from hlayiso.com www.futuremanagers.com

Module 8 – Municipal elections (continued) ELECTIONS In order to have an orderly election, the following requirements are needed: • Election timetable; • IEC local representatives; • Voters’ roll and ballot papers; • Parties contesting the election; and • Nomination of ward candidates. from hlayiso.com Downloaded www.futuremanagers.com

Module 9 – Municipal councillors INTRODUCTION Councillors are elected members representing the local communities on the municipal council. Councillors must be accountable to their communities and report back on municipal performance at least every quarter. Downloaded from hlayiso.com www.futuremanagers.com

Module 9 – Municipal councillors (continued) MEMBERSHIP OF COUNCIL • Every citizen who is qualified to vote for a municipal council is eligible to be a member of that council. • The person must reside in the municipality where he/she seeks election. • If the person resides outside the municipality, he/she may only seek election if he/she owns property in the municipality concerned. • The person must be registered asfrom Downloaded a voterhlayiso.com in the municipality concerned. www.futuremanagers.com

Module 9 – Municipal councillors (continued) DISQUALIFICATION Several reasons why councillors can be disqualified from serving in the council include that the candidate: • Receives remuneration from that municipality or from the state; • Is disqualified from voting for the National Assembly; • Has been declared an unrehabilitated insolvent; • Has been declared to be of unsound Downloaded frommind by a court of the Republic; and hlayiso.com • Is convicted and sentenced to more than twelve months’ imprisonment. www.futuremanagers.com

Module 9 – Municipal councillors (continued) CODE OF CONDUCT The general conduct of councillors states: A councillor must perform the functions of office in good faith, honestly and in a transparent manner and at all times act in the best interest of the municipality and not compromise the integrity of the municipality. Downloaded from hlayiso.com www.futuremanagers.com

Module 9 – Municipal councillors (continued) STATUS OF COUNCILLORS If a candidate is elected, he/she becomes a councillor bound by the code of conduct and the conditions under which he/she must serve. Decisions are made jointly with other councillors, and policy is determined for the municipality to serve the best interests of the residents. Councillors only have decision-making powers as a collective body. Downloaded from hlayiso.com www.futuremanagers.com

Module 9 – Municipal councillors (continued) FUNCTIONS OF COUNCILLORS 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; and • Represent his/her ward in council meetings by taking part in decision- and policy making. Downloaded from hlayiso.com www.futuremanagers.com

Module 10 – Office-bearers of municipalities INTRODUCTION New legislation makes provision for certain office-bearers, namely the mayor/executive mayor, deputy mayor/executive mayor and speaker. These office-bearers are elected by majority vote of the councillors and committee members. Downloaded from hlayiso.com www.futuremanagers.com

Module 10 – Office-bearers of municipalities (continued) EXECUTIVE LEADERSHIP SYSTEM Every council should have a mayor and an executive. There are three different types of executives: • A plenary system; • Executive mayoral system; and • Collective executive system. Downloaded from hlayiso.com www.futuremanagers.com

Module 10 – Office-bearers of municipalities (continued) THE MAYOR/EXECUTIVE MAYOR Mayor: The municipal council elects a mayor from the members of the executive committee for the duration of the term of office of the council. Executive mayor: The executive mayor can be described as a one-person executive committee. However, the council remains the supreme body. An executive mayor is elected for the term of office of the council, Downloaded from unless he or she vacates the hlayiso.com office for the same reasons as listed for the mayor. www.futuremanagers.com

Module 10 – Office-bearers of municipalities (continued) DEPUTY MAYOR/EXECUTIVE DEPUTY MAYOR The deputy mayor and executive deputy mayor do not have any statutory powers but will act on behalf of the mayor or executive mayor in their absence and assume their powers and functions. It is not necessary for a council to elect a deputy, but in councils where portfolios are allocated, the non- executive deputy mayors can do meaningful work. Downloaded from hlayiso.com www.futuremanagers.com

Module 10 – Office-bearers of municipalities (continued) CHAIRPERSON OF 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. Downloaded from hlayiso.com www.futuremanagers.com

Module 10 – Office-bearers of municipalities (continued) SPEAKER The functions and duties of the Speaker: • Performs duties and exercises the powers delegated to the Speaker in terms of the Municipal Systems Act. • Ensures that council meets at least every quarter. • Maintains order during council meetings. • Ensures compliance by councillors Downloaded with the from code of conduct. hlayiso.com www.futuremanagers.com

Module 10 – Office-bearers of municipalities (continued) WHIP The Whip of the council was introduced to manage meetings and act as liaison between the mayor, Speaker and councillors. All political parties represented in the council appoint a party Whip. The Whip of the majority party is the Chief Whip of the council. Downloaded from hlayiso.com www.futuremanagers.com

Module 11 – Committee system of municipalities INTRODUCTION The main advantage of committees is to prevent lengthy council meetings where matters have to be discussed in detail. With a committee system, the committee must investigate matters and report back to the council, where decisions are taken. Downloaded from hlayiso.com www.futuremanagers.com

Module 11 – Committee system of municipalities (continued) TYPES OF COMMITTEES • Collective executive committee system (single or management committee); and • Committees to assist executive committees (multiple committee system). Downloaded from hlayiso.com www.futuremanagers.com

Module 11 – Committee system of municipalities (continued) MAYORAL COMMITTEE • Members appointed by executive mayor. • Members serve the same term of office as the executive mayor. • Member represent the parties, but mayor may appoint from the opposition. • Committee is accountable to the executive mayor, who accounts to council. Downloaded from hlayiso.com www.futuremanagers.com

Module 11 – Committee system of municipalities (continued) METROPOLITAN SUB-COUNCILS Municipalities may establish sub-councils by means of a by-law, after a process of public consultation. Through the by-law, the number of sub- councils is determined and which wards will form a sub-council. Downloaded from hlayiso.com www.futuremanagers.com

Module 11 – Committee system of municipalities (continued) WARD COMMITTEES Ward committees are the vehicles through which participatory democracy and a representative democracy as outlined the Constitution become a reality. Ward committees cannot directly communicate with administration of the municipality and have to communicate through the councillor to the council or the mayor. Downloaded from hlayiso.com www.futuremanagers.com

Module 12 – Meeting procedures of municipalities INTRODUCTION Different types of meetings are held by municipalities, and councillors and management staff need to understand meeting proceedings so that they can participate and contribute to debates and discussions. Councillors will also be required to chair ward committee meetings. Downloaded from hlayiso.com www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) REASONS FOR MEETINGS The reasons why meetings are held: • Exchange and evaluate information. • Solve problems. • Resolve conflicts. • Disseminate information. • Exchange ideasDownloaded and experiences.from hlayiso.com • Inspire and develop team-work. www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) TYPES OF MEETINGS • Ward committee meetings; • Constituency meetings; • Special meetings/Adhoc meetings; • Council meetings; • Committee meetings; and • Mayoral and executive committeefrom Downloaded meetings. hlayiso.com www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) STANDING ORDERS OR RULES OF PROCEDURES Standing orders are a municipality’s own set of standard rules for meetings to ensure that meetings are held in an orderly manner. Standing orders guide the behaviour in council meetings and the running of council meetings, which are applicable to everyone who attends council meetings, including councillors, traditional leaders and members of the public. Downloaded from hlayiso.com www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) REPORTS Most of the items discussed at council and committee 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. Downloaded from hlayiso.com www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) MEETING PROCEDURES A notice for a meeting must normally be given at least seven days before the meeting and an agenda listing issues to discuss should be drawn up before the meeting. Downloaded from hlayiso.com www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) MINUTES Minutes are the written record of a meeting or hearing. They must be clear, concise and an objective description of: • The members present/absent; • Matters discussed; • Decisions taken; and • Who is responsible for actions to from Downloaded be taken. hlayiso.com www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) THE CHAIRPERSON The mayor of the city or town acts as chairperson of the council meetings. For successful discussion and debating at a meeting, the chairperson should: • Give guidance at the meetings. • Be fully aware of the content and meaning of all items on the agenda • Ensure that discussion does not develop into personal vendettas. • Perserve the unity of the council and Downloaded fromnot hlayiso.com allow it to split into groups. www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) MOTIONS AND RESOLUTIONS A motion is a formal written proposal submitted to the council for consideration and action. A resolution is a recommendation to the council and is the term used in meetings to refer to a decision taken. If a motion is accepted/approved or rejected, it becomes a resolution of the council. Downloaded from hlayiso.com www.futuremanagers.com

Module 12 – Meeting procedures of municipalities (continued) CYCLE OF EVENTS DURING A MEETING 1. Agenda (information) 2. Meeting (conducted in accordance with standing orders) 3. Decisions 4. Minutes (official record of decisions/resolutions) 5. Action (execution of decisions) 6. Report-back (on results at next meeting) Downloaded from hlayiso.com www.futuremanagers.com