Handbook for Municipal Councillors
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Councillor Induction Programme Handbook for Municipal Councillors SALGA and GTZ South Africa, March 2006 Acknowledgements This Handbook for Municipal Councillors is part of SALGA’s larger Skills Development and Capacity Building Initiative. The authors acknowledge the valuable feedback and comments provided by SALGA’s national and provincial offices, Department of Provincial and Local Government, the Presidency, National Treasury, Department of Housing, Department of Water Affairs and Forestry, the Good Governance Learning Network (GGLN), GTZ, CSIR, University of Pretoria and a number of service providers. Special appreciation is expressed to EISA and Planact for the preparation of the Handbook. Both organisations have provided invaluable knowledge and expertise in the field of local governance and municipal development. We also thank GTZ’s Strengthening Local Governance Programme for making this project possible. The material has been compiled by EISA and Planact Design & layout by ITL Communication & Design Printed by Global Print Councillor Induction Programme Handbook for Municipal Councillors Executive Mayor Councillor Amos Masondo Chairperson of SALGA Foreword The South African Local Government Association (SALGA) is indeed proud to produce this edition of the Councillor Handbook with the support of the Department of Provincial and Local Government, Masibambane and the German Technical Cooperation (GTZ). Many municipalities across the country will witness the ushering in of a new cadre of councillors whose main responsibility will be to play a crucial role in accelerating service delivery to their respective communities. Moreover, councillors will be increasingly called upon to lend positive impetus to the process of public participation in the affairs of their municipalities, be the political custodians of good governance and accountability, and to vigorously advocate for the needs of their constituents – hence the publication of this Handbook to aid you with the challenging tasks that await you. It is opined that this Handbook for Municipal Councillors, which is an integral component of the Councillor Induction Programme, will inculcate in councillors a broad understanding of their roles and responsibilities, the legislative framework, policies and procedures, and the express mandate of a developmental local government system. In using this Handbook as a constant source of information during their term of office, councillors must be acutely mindful that in spite of the significant progress that has been acknowledged in all areas of service delivery, much more has to be done to counter the effects of poverty, increase the pace of job creation, and to give meaning and effect to local economic development programmes. In wishing you every success in all your endeavors to create a better life for all South Africans, we are confident that all councillors will discharge their responsibilities with the highest degree of integrity in this Age of Hope. South Africans expect all municipalities to be at the cutting edge of quality and sustainable services. I am sure that through our dedication and hard work, we will and shall deliver. Good luck! Dr Makhosi Khoza CEO: SALGA Preface First and foremost, I take this opportunity to congratulate you on being elected to your Municipal council. I believe that once the excitement of the election subsides you may well have just a little sense of apprehension at the responsibility entrusted on you. You are therefore now part of the democratic local governance system of the Republic of South Africa. The 2006 Local Government elections have ushered in a new cadre of councillors, many of whom are women. The South African Local Government Association (SALGA) acknowledges that this is a critical time for the local government sector as municipalities are increasingly faced with resistance from communities on service delivery matters. While there are compelling reasons for services not being adequately delivered in certain areas, the strengthening of the capacity of councillors and officials remains a key factor. The elections provided an opportunity to re-look and re-think systems so that local government is able to deliver on its mandate. Being mindful of the capacity constraints of the political and administrative echelons of municipalities, SALGA has initiated this induction and Handbook as a programme aimed at appropriately equipping councillors with the required knowledge and expertise. The Handbook covers the policy and legal framework guiding local government; the role of co-operative governance and municipalities’ important role in this respect; roles and functions of councillors; key Municipal processes, such as the Municipal Integrated Development Planning, Municipal budgeting and financial management, performance management, public participation, personal and leadership skills as well as meeting procedures. It is expected that this Handbook will help you attain a clear understanding of the local government environment and processes and address the challenges of local development. In making this Handbook possible, I extend my sincere gratitude to the German Agency for Technical Cooperation’s (GTZ) Strengthening Local Governance Programme for their invaluable support. In wishing you a successful, meaningful and fulfilling term as an elected representative, the following excerpt from President Thabo Mbeki’s State of the Nation address in February 2006 offers every councillor valuable direction: “We must ensure that the local government sphere discharges its responsibility effectively and efficiently, honouring the precepts of Batho Pele”. Table of Contents Abbreviations .................................................................................................................................................. iv Introducing the handbook .............................................................................................................................. v Chapter 1 Policy and legal framework guiding local government .................................................................................1 Introduction ......................................................................................................................................................1 The principles that guide the formation of local government laws ...............................................................2 The legislative framework ...............................................................................................................................3 How are laws made? .......................................................................................................................................9 Establishment of municipalities ................................................................................................................... 10 The structures of municipalities .................................................................................................................. 12 Functions and powers of municipalities .......................................................................................................17 Dissolution of council ................................................................................................................................... 19 Developing policies and by-laws .................................................................................................................. 20 Institutions protecting constitutional democracy ........................................................................................ 26 Key points ..................................................................................................................................................... 27 Chapter 2 Co-operative governance: The importance of national and provincial processes for municipalities ......29 Introduction .................................................................................................................................................. 29 Co-operative governance .............................................................................................................................. 30 Government’s Programme of Action ............................................................................................................ 32 National Spatial Development Perspective ................................................................................................. 35 Provincial Growth and Development Strategies .......................................................................................... 38 Chapter 3 Roles and responsibilities of councillors .....................................................................................................41 Maximising social development and economic growth ................................................................................... 43 Integrating and co-ordinating ....................................................................................................................... 44 Democratising development, empowering and redistributing .................................................................... 45 Key roles of a councillor ................................................................................................................................47 Code of conduct ............................................................................................................................................ 55 Delegation of authority