Local Government, Environ-mental Affairs and Development Planning

13. (1)(a), (b) and (c)

As the categories posed in (a), (b) and (c) can be replied to in a consolidated manner, it will not be distinguished for each respective Political Office Bearer as posed in the question and equally for the Municipal Manager. It is furthermore necessary to assert that the roles and responsibilities, formal functions and processes of the incumbents is transversely contained in various pieces of the local government suite of legislation, hence the written reply to question 13(1)(a), (b) and (c)-(i), (ii) and (iii) will not necessarily be an exhaustive list.

(i) Executive Mayor

Section 56 of the Municipal Structures Act, 117 of 1998 extensively outlines the functions and powers of Executive Mayors. In order to avoid a repetition of the Statutory provisions, the Honourable member may refer to the latter-mentioned cited section of the Municipal Structures Act. Section 60 of the Municipal Structures Act, furthermore, empowers the Executive Mayor to appoint a mayoral committee in the instance where a municipal council has more than nine members. The latter-mentioned section further contains prescripts applicable to and related to the mayoral committee.

One may also make reference to the provision(s) of section 80 of the Municipal Structures Act, which provides for the role and function of the Executive Mayor pertaining to committees of councillors which is required to assist the Executive Mayor.

Based on the provisions of the Municipal Systems Act, 32 of 2000, there are a host of provisions which are applicable to the Executive Mayor, in this case, section 30 of the Municipal Systems Act for example, requires the Executive Mayor to manage the drafting of the municipality’s integrated development plan, assign responsibilities to the municipal manager in this regard and submit the draft plan to the municipal council for adoption by the Council. In addition, section 53 of the Municipal Systems Act, requires a municipality within a framework of and in accordance with relevant provisions of the Municipal Structures Act, the Systems Act itself and other applicable legislation define the specific role and area of responsibility of each political structure and political office bearer of the municipality and its municipal manager.

By virtue of section 57(2)(a) of the Municipal Systems Act, the performance agreement of the municipal manager is required to be entered into on behalf of the Municipality by the Executive Mayor. Section 62(4)(b) of the latter-mentioned Act, bestows the Executive Mayor as the appeal authority in the case of a decision taken by a municipal manager.

Chapter 7 of the Municipal Finance Management Act, 56 of 2003 (MFMA), also outlines the responsibilities of the Executive Mayor within the financial context of a municipality. Notwithstanding the provisions as contained in the latter-mentioned Chapter, the further roles, responsibilities and functions of the Executive Mayor is transversely mentioned in the Act and it would be a repetition of the provisions of the Act to outline these in this reply and therefore reference may be had to the Act itself to obtain an understanding of the remainder roles, responsibilities of the political office bearer.

(ii) Speaker

The functions of a Speaker is expressed in section 37 of the Municipal Structures Act, and which is as follows: he/she presides at meetings of the Council, performs the duties and exercises the powers delegated to the Speaker, must ensure that the Council meets at least quarterly, must maintain order during meetings, must ensure compliance in the Council and Council committees with the Code of Conduct for Councillors and must ensure that Council meetings are conducted in accordance with the Rules and Orders of the Council. In addition, section 29(1) of the Municipal Structures Act, provides that the Speaker of a municipal council decides when and where the Council meets subject to section 18(2) of the Act, but if a majority of the Councillors requests the Speaker in writing to convene a council meeting, the speaker must convene a meeting at a time set out in the request.

Without expressing in detail the provisions of the Code of Conduct of Councillors as contained in Schedule 1 of the Municipal Systems Act, 32 of 2000, one may also refer to the provisions as contained in Schedule 1 of the Municipal Systems Act as to the role, responsibilities and functions of the Speaker and the related processes applicable to the Speaker.

Notwithstanding the afore-mentioned, the provisions as highlighted above, may not necessarily be an exhaustive list as the role, responsibilities and functions of the Speaker can furthermore be determined in other provisions of the legislative suite but will be onerous in further regurgitating and citing such applicable provisions.

(iii) Municipal Manager

In relation to the position of Municipal Manager and his/her roles, responsibilities, functions and related processes assigned to him or her, at the outset, you are referred to the provisions of section 55 of the Municipal Systems Act, 32 of 2000 which outlines in detail the responsibilities for which the Municipal Manager is accountable.

You are furthermore referred to the provisions of Chapter 8 of the Municipal Finance Management Act, 56 of 2003 (MFMA), which in details prescribes the role, responsibilities, functions and processes applicable to the Municipal Manager, referred to as the Accounting Officer in the MFMA.

Notwithstanding the above-mentioned, which would not be an exhaustive list, it would be an onerous task to repeat every legislative provision applicable in the local government suite of legislations, which apply to the Municipal Manager as the responsibilities and functions of the Municipal Manager are transversely mentioned in various legislative prescripts.

13 (2) It is necessary and imperative to mention, that in the case of the Department of Local Government, Municipalities, including the political office bearers mentioned are supported and guided on a continuous basis during the term of office as well as subsequent to the Auditor-General’s Report. In this respect, Municipalities are guided through inter alia, Circulars, Good Governance Practice Notes, legal guidance at various Intergovernmental Forums, focussed training workshops, courses with academic institutions facilitated by my Department, amongst others.            

            For example, through the Nelson Mandela Metropolitan University, capacity building initiatives was implemented with Councillors on the following: Rules of Procedures: Conduct Meetings of a Municipal Council, the Roles and Responsibilities of Councils, Mayors and Speakers in Local Government, the Constitutional Mandate and Introduction to Local Government Law, the Law Governing decisions and decision-making in Local Government, Oversight Committees and the functioning of Municipal Public Accounting in Local Government, Delegations of Powers in Local Government, Code of Conduct and Procedures for Disciplinary Hearings and Investigations (including practical role-playing and case studies), Public Participation and Communication, Role of Councillors in the Appointment and Discipline of Senior Officials; section 62 Appeals and Duties of Commissioner of Oaths. This excludes the Winter School, Summer School and Seasonal School Training conducted through academic institutions. If the Honourable Member requires copies of the content of the training material, this can be obtained at the request and behest of the Honourable Member.

            For your ease of reference, attached the Good Governance Practice Note: Roles and Responsibilities of Councillors within the ambits of the Municipal Systems Act, 32 of 2000, which was circulated in preparation for the 2016 Local Government Elections, Circular C17 of 2021: Draft Standard Rules of Order for Meetings of Council and Committees and Circular C2 of 2019: Guideline for Municipal Councillors Acting in their Capacity as Commissioners of Oaths. In addition, due to the voluminous consolidation of presentations conducted at various intergovernmental forums, copies of such presentations can be made available to the Honourable Member, upon request and if required.           

In addition, Provincial Treasury currently monitors the support provided to Municipalities as to queries raised by the Auditor-General’s report, which is monitored across all the sector departments.