1. The Councillors Role: Oversight & Delegation System
4 October 2016

2. 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 

3. 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

4. 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.

5. 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.

6. 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.

7. 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!

8. 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

9. Thank You