INTERNATIONAL BEST PRACTICES SESSION IIMC CONFERENCE, CHICAGO 22 MAY 2009 THE SOUTH AFRICAN CLERK

1. INTERNATIONAL BEST PRACTICES SESSION IIMC CONFERENCE, CHICAGO 22 MAY 2009 THE SOUTH AFRICAN CLERK

2. 1. LOCAL GOVERNMENT IN SOUTH AFRICA Introduction Government in South Africa has been divided in three spheres: • National sphere of Government; • Provincial sphere of Government; • Local sphere of Government. The spheres of Government are: • Distinctive; • Interdependent; • Inter-related. Each of the three spheres of Government has been accorded specific constitutional powers, duties and responsibilities.

3. LOCAL GOVERNMENT IN SOUTH AFRICA Local Government, exists closest to the people of South Africa and has often been described as the most important sphere of Government. Objects of Local Government in South Africa: • to provide for a democratic and accountable government for local communities; • to ensure sustainable provision of services; • to promote social and economic development; • to promote a safe and healthy environment; • to encourage public involvement in the affairs of local government.

4. LOCAL GOVERNMENT IN SOUTH AFRICA How is it organised? Local Government Institutions cover the entire territory of the South African State – “A system of wall-to-wall municipal governance”. The Executive and Legislative Authority of a Municipality is vested in its Municipal Council. Municipalities in South Africa have the right to govern all local government affairs on their own initiative. Members of Municipal Councils are elected every five years.

5. LOCAL GOVERNMENT IN SOUTH AFRICA Local Government consists of:- • a Municipal Council represented by democratically elected local residents; • a Municipal Administration headed by a Municipal Manager; • The Local Community South Africa has 231 Local Councils, 47 District Councils and 6 Metropolitan Councils, divided into three categories: • Metropolitan Municipalities; • Local Municipalities; • District Municipalities.

6. LOCAL GOVERNMENT IN SOUTH AFRICA • Metropolitan Municipalities • Metropolitan Municipalities, also known as Unicities have exclusive municipal executive and legislative authority in their areas. • Metropolitan Municipalities have a choice of two types of executive systems: • Mayoral Executive System; • Collective Executive System. • District and Local Municipalities • District and Local Municipalities are interdependent and involve a division of powers.

7. LOCAL GOVERNMENT IN SOUTH AFRICA A District Council has municipal executive and legislative authority over a large area, its primary responsibilities being – • District wide planning; • Capacity building. Local Councils operate within a district council’s area and share their municipal authority with the district council under which they fall. District Councils have primacy over Local Councils.

8. LOCAL GOVERNMENT IN SOUTH AFRICA • Five different systems of Municipal Government in South Africa • A collective executive system, which allows for the exercise of executive authority through an executive committee; • A mayoral executive system, which allows for the exercise of executive authority through an executive mayor. Executive leadership of the municipality is vested in the mayor, who is assisted by a mayoral committee. • A plenary executive system, which limits the exercise of executive authority to the municipal council itself; • A sub-council participatory system, which allows for delegated powers to be exercised by sub-councils that are established for/in parts of the municipality; • 5. A ward participatory system, which allows for matters of local concern within the different wards of a particular municipality to be dealt with by the specific committee that has been established for such wards.

9. 2. MY ROLE AT EKURHULENI METROPOLITAN MUNICIPALITY My role in the capacity of Regional Executive Manager is to manage Legal and Administrative Services at regional level, to ensure the realisation of the goals, objectives and key performance areas as contained in the Integrated Development Plan of Ekurhuleni Metropolitan Municipality, the Service Delivery Budget Implementation Plan and the Departmental Business Plan. Responsible for the following key performance areas: • Committee and Secretariat Services; • Ward Committee Services; • Councillor Support Services; • General Administration and Auxiliary Services; • Records Management; • Financial Management; • Legal compliance of property matters;

10. MY ROLE AT EKURHULENI METROPOLITAN MUNICIPALITY • Properties and Estates Administration; • Rendering of advice to Councils Portfolio Committees; • Manage the implementation of decisions of Council and Committees of Council; • Human Resources Management and Development. The cities/towns of Benoni, Daveyton, Springs, Kwa-Thema, Nigel, Duduza, Brakpan and Tsakane form part of the Eastern Region and I am responsible to render and maintain effective and efficient Legal and Administrative Services to ensure good governance. My mission is to guide and enhance governance processes within the constitutional framework in the Municipality by providing innovative and excellent legal and administrative services.

11. 3. SYSTEM OF WARD COMMITTEES AS BEST PRACTICE The object of Ward Committees is to enhance participatory democracy in local government. Ward Participatory System The ward participatory system allows for the establishment of ward committees within the Municipal jurisdiction to- • Facilitate Community Participation in Local Government Affairs- • Integrated Development Plans; • Budget Priorities; • Service Delivery. • Facilitate the needs of the Community to the Municipal Council; • Assist the elected Ward Councillors to carry out their mandate and act as advisors;

12. SYSTEM OF WARD COMMITTEES AS BEST PRACTICE • Act as foundation of accountability of Municipal Councillors; • Improve communication between the Municipal Council and Local Community; • Assist to build partnerships with civil society for development and projects. • Establishment of Ward Committees • A Ward Committee must be established for each ward in the Metropolitan Municipality; • The Committee must consist of:- • the Councillor representative in the Council for that ward who must be the Chairperson; and • not more than 10 other elected persons to serve on the Ward Committee as representatives of the following sectors: -

13. SYSTEM OF WARD COMMITTEES AS BEST PRACTICE • Compulsory Sectors • Youth, Women, Aged, Disabled, Health and Social Development, Economic Development and Community Safety; • Optional Sections • NGO’s, CBO’s, Education, Religion, Sport and Culture and Environmental Election of Members of Ward Committees A metro or local council must make rules regulating - • the procedure to elect the members of a ward committee taking into account the need: • for women to be equitably represented in a ward committee; and • for a diversity of interests in the ward to be represented.

14. SYSTEM OF WARD COMMITTEES AS BEST PRACTICE • the circumstances under which those members must vacate office; and • the frequency of meetings of ward committees. A metro or local council may make administrative arrangements to enable ward committees to perform their functions and exercise their powers effectively. Functions and Powers A Ward Committee - • may make recommendations on any matter affecting its ward: • to the Ward Councillor; or • through the Ward Councillor, to the Metropolitan Municipality, the Executive Mayor/Mayoral Committee. • has such duties and powers as the Metropolitan Municipality may delegate to it.