MUNICIPAL COUNCIL

THE ROLE

The role of the Municipal Council is inter alia to

  • Represent the local community;

  • Ensure the well-being and interests of the municipality;

  • Ensure the provision of services to the local community;

  • Develop and evaluate the policies and programs of the municipality;

  • Maintain the financial integrity of the municipality;

  • Carry out the duties of council under the Constitution or any other act;

  • Ensure that administrative policies, procedures and oversight policies, practices and procedures are in place to implement the decisions of council; and

  • Ensure the accountability and transparency of the operations of the municipality.

The Municipal Council fulfils that role by governingas contemplated in the Constitution.

 

The Constitution not only confers on a municipality the right to govern the affairs of the community within the municipal area, but also empowers theMunicipal Council to make decisions concerning the exercise of all the powers and the performance of all the functions of the municipality. To this end the Municipal Council is clearly the principal political structure and the ultimate decision maker of the Municipality.

Madibeng Local Municipality thereforeacknowledges that it has the right to govern within the municipal area and will by effective use of its constitutionally conferred powers and functions strive to achieve the objects of local government6, by –

  • Providing democratic and accountable government for local communities;

  • Ensuring the provision of services to communities in a sustainable manner;

  • Promoting social and economic development;

  • Promoting a safe and healthy environment; and

  • Encouraging the involvement of communities and community organisations in the matters of the municipality.

In order to do this the Municipal Council is committed to annually consider and, where necessary, review

  • Its overall performance in achieving these objectives.

  • The needs of the community;

  • its priorities to meet those needs;

  • Its processes for involving the community;

  • Its organisational and delivery mechanisms for meeting the needs of the community; and

  • Its organisational and delivery mechanisms for meeting the needs of the community; and

The Municipal Council is incapable of performing its constitutional mandate on its own and has consequently appointed political office bearers, established political stuctures and employed staff to assist it in this enormous task.

THE AREA OF RESPONSIBILITY

 

The area of responsibility of the Municipal Council may be defined in geographical and functional terms.

The geographical area of the Municipality is determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 van 1998). The Municipal Council may however function outside its geographical area with the approval of the council of the municipality having jurisdiction in that area.

The functional area of the Municipal Council‘s responsibility extends to all the powers of the Municipality as contemplated in

  • The Constitution8 read with sections 83 en 84 of the Structures Act;

  • Other empowering laws;

  • Matters, powers, functions and duties delegated or assigned; and

  • Powers emanating from its status as a legal persona.

POWERS AND FUNCTIONS

 

The Municipal Council governs, exercise and perform powers and functions by virtue of its status as an organ of state, employer, member of organised local government and being a legal persona.

 

3.1. The Municipal Council Governs

Governing does not only confer a right but also imposes a duty. 9

 

The Municipal Council has the right to

(a) exercise the municipality‘s executive and legislative authority, and to do so without improper interference; and

 

Finance the affairs of the municipality by

(i) Charging fees for services; and

(ii) Imposing surcharges on fees, rates on property and other taxes, levies and duties where authorised.

 

The council also has the duty to

(a) Exercise the municipality‘s executive and legislative authority and use the resources of the municipality in the best interests of the local community;

(b) Provide, without favour or prejudice, democratic and accountable government;

(c) Encourage the involvement of the local community;

(d) Strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner;

(e) Consult the local community about the level, quality, range and impact of municipal services and the available options for service delivery;

(f) Give members of the local community equitable access to the municipal services;

(g) Promote and undertake development in the municipality;

(h) Promote gender equity;

(i) Promote a safe and healthy environment in the municipality; and

(j) Contribute to the progressive realisation of the fundamental rights.

The municipal council governs by – making and administering laws;

  • Levying rates;

  • Taking decisions that affects the rights of people;

  • Consulting the community;

  • Overseeing the delegation of appropriate power to maximise administrative & operational efficiency.