The Councillors Role: Oversight & Delegation System 4 October 2016

Council Structure Council headed by elected Mayor Legislative Authority Pass By-laws Executive Authority Implement By-Laws For the provision of all services in Constitution Electricity delivery Water for household use Sewage and sanitation Storm water systems Refuse removal Fire fighting services Municipal health services Decisions around land use Municipal roads Municipal public transport Street trading Abattoirs and fresh food markets Parks and recreational areas Libraries and other facilities Local tourism Other services assigned 

Council Administration Introduction Council of elected members - approve policies and by-laws ; pass a budget for its municipality each year; decide on development plans and service delivery for their municipal area. Council is co-ordinated by executive or mayoral committee and makes recommendations to council. The Mayor is assisted by an executive or mayoral committee, made up of councillors. Oversees the work of the municipal manager and department heads. The work of the municipality is done by the municipal administration that is headed by the municipal manager, who is supported by other senior officials (S56/57 and others). Municipal Manager is responsible for employing staff below S56/57 employees. Municipal Manager is responsible for co-ordinating the administration to implement all programmes properly approved by council. Council Administration

Only Municipal councils have the power to: Pass by-laws – local laws and regulations about any of the functions they are responsible for. By-Laws may not contradict or over-rule any national laws By-Laws must support the Policy approved by Council Approve budgets and development plans – The council must approve an overall plan for how development should take place in the area – IDP. All projects and planning should happen within the framework of the IDP. Annual municipal budget must be passed setting down how money will be raised and spent Impose rates and other taxes – property rates – a tax – are charged on the value of properties. It is an important source of income. Set the tariff for charging of service fees – based on the use of municipal services like water, electricity, libraries, etc. Impose fines – for anyone who breaks municipal by laws or regulations, for example traffic fines, littering or library fines. Borrow money – to fund capital expenditure /development.

Council Committees There are three different types of committees: Most council have a number of council committees that specialise in specific areas. Committees make recommendations to council and saves the council from having to deal with all matters in detail. Committees do not make final decisions - most decisions need approval by council. There are three different types of committees: Portfolio committees - These are the most common and usually have the same names as the different departments in council e.g. health committee, planning committee, finance committee. Geographically-based committees - These are set up to deal with issues in a specific area. This system is usually used in large metropolitan municipalities that also have sub-councils. Issue-related committees - These may be set up to deal with a specific issue in a way that involves people from different committees. This helps to stop problems from being treated in isolation.

Council Committees – S79 & S80 Committees (Structures Act) Section 80 committees: usually permanent committees; specialise in one area of work; sometimes are given the right to make decisions over small issues; will also advise executive committees on policy matters and make recommendations to council. Section 79 committees: usually temporary, appointed by the executive committee as needed; set up to investigate a particular issue and do not have any decision-making powers; can make recommendations to council; usually disbanded once they completed their task; outside experts as well as councillors can be included on Section 79 committees.

Delegations Only Responsibility can be delegated – Many minor decisions can be delegated to EXCo/MayCo; Portfolio committees; to officials; or other agencies that are contracted to deliver services These are done through delegations Delegations must be in writing Delegations must be reviewed regularly Terms of Reference of committees must be aligned to delegations Only Responsibility can be delegated – Accountability remains with the one delegating!

Accountability is to the Community Public Servants are custodians of Public Funds Public funds: - Money that is generated by the government to provide goods and services to the general public - Business Directory Systems Act defines Municipalities (S2) as: Political Structures Administration Community CUSTODIAN: - a person who has responsibility for taking care of or protecting something – Oxford Dictionary “The enrichment of the few is compromising broader economic growth and development” – Anton Eberhard

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