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Buffalo City Metropolitan Municipality Manual

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Buffalo City Metropolitan Municipality Manual ANNEXURE “A” BUFFALO CITY METROPOLITAN MUNICIPALITY MANUAL 2019 Prepared in accordance with the provisions of Section 14 of the Promotion of Access to Information Act No. 2 of 2000 INDEX NO. CONTENT PAGE 1. INTRODUCTION 4 2. PURPOSE OF MANUAL 4-5 3. DEFINITION AND INTERPRETATION 5-7 4. BCMM MACRO-ORGANISATIONAL STRUCTURE :- 8-10 4.1 TRADITIONAL LEADERS 11 4.2 WARD COMMITTEES 11-12 4.3 METROPOLITAN MAYORAL COMMITTEE MEMBERS 12-13 4.4 TOP MANAGEMENT COMMITTEE MEETING 13-14 5. AREA OF OPERATION 14-15 6. CONTACT DETAILS OF INFORMATION OFFICER & DEPUTY 15-16 INFORMATION OFFICER 7. SECTION 10 GUIDES ON HOW TO USE THE ACT SECTION 14(1)(C) 16-17 8. ACCESS TO THE RECORDS HELD BY BCMM :- 18 8.1 AUTOMATIC DISCLOSURE (SECTION 14 (1)(E) 18 8.2 RECORDS AVAILABLE WITHOUT REQUESTS FORMS 18 8.3 RECORDS THAT ARE NOT AUTOMATICALLY AVAILABLE & 19-20 NEED TO BE REQUESTED AS PROVIDED IN SECTION 14(1)(D) 8.4 HOW REQUEST FOR ACCESS TO RECORDS ARE 20 RECEIVED 8.5 RECORDS SECTION AS CUSTODIAN OF INFORMATION 20 8.6 LAW ENFORCEMENT AGENTS REQUESTS 21 8.7 INTERNAL PROCEDURE TO BE FOLLOWED BY OFFICIALS 21-22 WHEN REQUESTING ACCESS TO A CONFIDENTIAL RECORD 8.8 FORM OF REQUESTS : PROCEDURES TO BE FOLLOWED 22 WHEN REQUESTING ACCESS TO A RECORD 8.9 REQUEST FEE AND ACCESS FEE 23 8.10 FEES 24 9. FILE PLAN/FILING INDEX 25 10. SERVICE AVAILABLE (SECTION 14 (1) (F) 25 11. NATURE OF SERVICE 25-37 Page 2 of 208 NO. CONTENT PAGE 12. HOW TO GAIN ACCESS TO THESE SERVICES 38 13. ARRANGEMENTS ALLOWING FOR PUBLIC PARTICIPATION IN THE 38 FORMULATION OF POLICY AND EXERCISING OF POWERS OF BCMM :- (a) Communication 38 (b) Mayoral Imbizo 38 (c) Council Open Day 38 (d) Business Forum 39 (e) Police Forum 39 (f) Integrated Development Plan (IDP) Hearings 39 (g) Municipal Public Accounts Committee (MPAC) Hearings 39 14. THE REMEDIES AVAILABLE IF THE PROVISION OF THIS ACT ARE 40 NOT COMPLIED WITH : SECTION 14(1)(H) 15. MISCELLANEOUS :- 40 OTHER INFORMATION AS PRESCRIBED IN TERMS OF THE ACT 40 SECTION 14(i)(ii) 16. UPDATING OF THE MANUAL (SECTION 14(2) 40 17. AVAILABILITY OF THE MANUAL 40-41 18. REQUEST TO THE MINISTER OF JUSTICE AND CONSTITUTIONAL 41 DEVELOPMENT FOR THE COMPILATION OF THE MANUAL {SECTION 14 (4) (b)} 19. EXEMPTION BY THE MINISTER OF JUSTICE AND 41 CONSTITUTIONAL DEVELOPMENT FROM ANY PROVISION OF THIS SECTION FOR A DETERMINED PERIOD {SECTION 14 (5)} 20. GENERAL INSTRUCTIONS TO FILING SYSTEM 41-48 21. SCHEDULE 1 - BCMM FILING SYSTEM 49-198 22. SCHEDULE 2 - SCHEDULE OF PRESCRIBED FEES FOR 199-200 PUBLIC BODIES 23. SCHEDULE 3 - PRESCRIBED FORMS FOR ACCESS TO A 201-204 RECORD OF A PUBLIC BODY - REQUEST FOR ACCESS TO RECORD OF 205-208 PRIVATE BODY Page 3 of 208 ENGLISH 1. INTRODUCTION Section 7 (1) (2) and (3) of Constitution of the Republic of South Africa, 1996 provides as follows:- 1. “This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. 2. The state must respect, protect promote and fulfil the rights in the Bill of Rights. 3. The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.” The Promotion of Access to Information Act, No 2 of 2000 was enacted on February 2000, giving effect to the Constitutional right of access to any information held by the State and any information that is held by another person and that are required for the exercise or protection of any rights. Where a request is made in terms of the Act, Buffalo City Metropolitan Municipality is obliged to release the information, except where the Act expressly provides that the information may or must not be released. The Act sets out the requisite procedural issues attached to such request. 2. PURPOSE OF THE SECTION 14 MANUAL OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 This manual is intended to foster a culture of transparency and accountability within the Buffalo City Metropolitan Municipality as a whole, by giving effect to the right to information that is required for the exercise or protection of any right and to actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect their rights. Page 4 of 208 In order to promote effective governance of public bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of the Act in order for them to exercise their rights in relation to public and private bodies. Section 9 of the Act however recognizes that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including but not limited to :- - Limitation aimed at reasonable protection of privacy - Commercial confidentiality and - Effective, efficiency and good governance and in a manner, which balances that right with any other right, including such right contained in the Bill of Rights in the Constitution. This manual provides guidance to deal with the requests in a conforming manner, which will enable the requesters to obtain the records which they are entitled to in a quick, easy and accessible manner. This manual may be adapted by the individual role players in the municipality to specifically meet their needs. The manual has been drafted in accordance with the generic manual of the Human Rights Commission. 3. DEFINITIONS AND INTERPRETATION In this Manual, unless the context otherwise indicates:- “Access Fee” means a fee proscribed for the purpose of Section 22(6) or 54(6) of the Promotion of Access to Information Act 2000, as the case may be; Page 5 of 208 “Application” means an application to a court in terms of Section 78; “Constitution” means the Constitution of the Republic of South Africa, 1996 (Act 10 No 108 of 1996) “Court” means :– a) the Constitutional Court acting in terms of Section 167(6)(a) of the Constitution; or b) (i) a High Court or another court of similar status, or (ii) a Magistrate’s Court, either generally or in respect of a specified class of decision in terms of this Act, designated by the Minister, by notice in the Gazette and presided ever by a magistrate designated in writing by the Minister after consultation with the Magistrate Commission. ”Human Rights Commission” means the South African Human Rights Commission referred to in Section 181(1)(b) of the Constitution. “Information Officer” of, or in relation to, a public body in the case of the municipality, means the municipal manager appointed in terms of Section 82 of the Local Government, Municipal Structures Act, 1998 (Act No 117 of 1998) or the person who is acting as such. “Internal Appeal” means an internal appeal to the relevant authority in terms of Section 74. “Minister” means the cabinet member responsible for the administration of justice. Page 6 of 208 “Notice” means notice in writing, and “notify” and notified have corresponding meanings. “Personal Requester” means a requester seeking access to a record containing personal information about the requester. “Record” of or in relation to, a public or private body, means any recorded information ;– (a) regardless of form of medium (b) in the possession or under the control of that public or private body respectively; and (c) whether or not it was created by that public or private body respectively “Request for Access” in relation to: - a public body, means a request for access to a record of a pubic body in terms of Section 11 “Third Party” in relation to a request for access to: - a record of a public body, means any person (including, but not limited to the government of a foreign state, and international organization or an organ of the government or organization) other than: - (i) the requester concerned; and (ii) a public body Page 7 of 208 ANNEXURE “B” A Schematic Diagram of the Organisational Structure of Buffalo City Metropolitan Municipality BUFFALO CITY METROPOLITAN MUNICIPALITY MACRO ORGANISATIONAL STRUCTURE ADOPTED BY COUNCIL ON 29 JUNE 2016 VIDE MINUTE NO. BCMC 413/16 Page 8 of 208 ANNEXURE “B” BUFFALO CITY METROPOLITAN MUNICIPALITY ORGANISATIONAL STRUCTURE Speaker’s Office Council Chief Whip’s Office of the Deputy Executive City Manager Municipal Public Ombudsman Office Executive Mayor Mayor’s Office Accounts Committee (x1) (MPAC) (x1) Chairperson [Reporting lines change from General Manager : Speakers Office] (x1) Administrative Officer (x1) Page 9 of 208 ANNEXURE “B” BUFFALO CITY METROPOLITAN MUNICIPALITY ORGANISATIONAL STRUCTURE City Manager (x1) Directorate : Directorate : Human Settlement Health, Public Safety & Directorate of Finance Directorate : Head of Directorate Emergency Services Chief Financial Officer Municipal Services Head of Directorate Head of Directorate (x1) (x1) (x1) (x1) Directorate : Directorate : Directorate : Spatial Planning Infrastructure Services Economic Development and Development Head of Directorate Chief Operating Officer and Agencies Head of Directorate Head of Directorate (x1) (x1) (x1) (x1) Directorate : Directorate : Executive Support Services Corporate Services Head of Directorate Head of Directorate (x1) (x1) Page 10 of 208 4. BUFFALO CITY MUNICIPALITY’S ORGANISATIONAL STRUCTURE In terms section 8 (g) of the Local Government Municipal Structures Act (Act 117 of 1998), Buffalo City Metropolitan Municipality has an executive mayoral system combined with a ward participatory system. Ten Councillors make up the Mayoral Committee, with a Council chaired by the Speaker and 99 elected Councillors. Fifty of these Councillors represent wards. The total number of Councillors in hundred (100).
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