Question

Identify and discuss four important pieces of legislation about local government which were passed at the inception of democratic dispensation.

Please focus on these ones:

1. Local Government: Municipal Systems Act, 2000 (ACT 32 of 2000)

2.Local Government: Municipal Structures Act, 1998 (ACT 117 of 1998)

3. Local Government: Municipal Demarcation Act, 1998 (Act 27 of 1998)

4. Local Government: Municipal Systems Act, 2000 (ACT 32 of 2000)

Answer 1

1.To provide for the core principles, mechanisms and processes that are necessary to enable municipalities to move progressively towards the social and economic upliftment of local communities, and ensure universal access to essential services that are affordable to all; to define the legal nature of a municipality as including the local community within the municipal area, working in partnership with the municipality’s political and administrative structures; to provide for the manner in which municipal powers and functions are exercised and performed; to provide for community participation; to establish a simple and enabling framework for the core processes of planning, performance management, resource mobilisation and organisational change which underpin the notion of developmental local government; to provide a framework for local public administration and human resource development; to empower the poor and ensure that municipalities put in place service tariffs and credit control policies that take their needs into account by providing a framework for the provision of services, service delivery agreements and municipal service districts; to provide for credit control and debt collection; to establish a framework for support, monitoring and standard setting by other spheres of government in order to progressively build local government into an efficient, frontline development agency capable of integrating the activities of all spheres of government for the overall social and economic upliftment of communities in harmony with their local natural environment; to provide for legal matters pertaining to local government; and to provide for matters incidental thereto.

its aims are;

• to provide for the core principles, mechanisms and processes that are necessary to enable municipalities to move progressively towards the social and economic upliftment of local communities, and ensure universal access to essential services that are affordable to all;
• to define the legal nature of a municipality as including the local community within the municipal area, working in partnership with the municipality's political and administrative structures;
• to provide for the manner in which municipal powers and functions are exercised and performed;
• to provide for community participation;
• to establish a simple and enabling framework for the core processes of planning, performance management, resource mobilisation and organisational change which underpin the notion of developmental local government;
• to provide a framework for local public administration and human resource development;
• to empower the poor and ensure that municipalities put in place service tariffs and credit control policies that take their needs into account by providing a framework for the provision of services, service delivery agreements and municipal service districts;
• to provide for credit control and debt collection;
• to establish a framework for support, monitoring and standard setting by other spheres of government in order to progressively build local government into an efficient, frontline development agency capable of integrating the activities of all spheres of government for the overall social and economic upliftment of communities in harmony with their local natural environment;
• to provide for legal matters pertaining to local government; and
• to provide for matters incidental thereto.       

B)To provide for the establishment of municipalities in accordance with the requirements relating to categories and types of municipality; to establish criteria for determining the category of municipality to be established in an area; to define the types of municipality that may be established within each category; to provide for an appropriate division of functions and powers between categories of municipality; to regulate the internal systems, structures and office-bearers of municipalities; to provide for appropriate electoral systems; and to provide for matters in connection therewith.

The primary role of the municipal council is that of political oversight of the municipality’s functions, programmes and the management of the administration. All of the powers of local government are vested in the municipal council. It has the power to make by-laws (legislative authority) and the powers to put those laws into effect (executive authority). The municipal council has executive and legislative authority over the matters set out in Part B of schedule 4 and Schedule 5 of the Constitution. The municipality may also administer any other matter assigned to it by national or provincial legislation. In administering the matters assigned to local government, the municipal council must strive within its capacity to achieve the Constitutional objects of local government.

C)To provide for criteria and procedures for the determination of municipal boundaries by an independent authority; and to provide for matters connected thereto.

By the act there is a Board called the Municipal Demarcation Board.

The functions of the Board are-

(a) to determine municipal boundaries in accordance with this Act and other appropriate legislation enacted in term

(b) to render an advisory service in respect of matters provided for in this Act and other appropriate legislation when so requested.

(1) The Board may do all that is necessary or expedient to perform its function effectively, which includes the power to- (a) determine its own staff establishment and appoint employees in posts on the staff establishment having due regard to available funds;

(b) obtain, by agreement, the services of any person, including any organ of state, for the performance of any specific act or function;

(c) acquire or dispose of any right in or to property, but ownership in immovable property may be acquired or disposed of only with the consent of the Minister;

(d) open and operate its own bank accounts;

(e) insure itself against any loss, damage or risk;

(f) perform legal acts, including acts in association with or on behalf of any other person or organ of state; (g) institute or defend any legal action;

h) collect and disseminate relevant information; and

(i) do anything that is incidental to the exercise of any of its powers.

(2) The Board may not borrow money.

(3) The Board may require a municipality that may reasonably be affected by a boundary determination to provide the Board or any of its committees with facilities, available to that municipality, for the holding of meetings.

D)To provide for the core principles, mechanisms and processes that are necessary to enable municipalities to move progressively towards the social and economic upliftment of local communities, and ensure universal access to essential services that are affordable to all; to define the legal nature of a municipality as including the local community within the municipal area, working in partnership with the municipality's political and administrative structures; to provide for the manner in which municipal powers and functions are exercised and performed; to provide for community participation; to establish a simple and enabling framework for the core processes of planning, performance management, resource mobilisation and organisational change which underpin the notion of developmental local government; to provide a framework for local public administration and human resource development; to empower the poor and ensure that municipalities put in place service tariffs and credit control policies that take their needs into account by providing a framework for the provision of services, service delivery agreements and municipal service districts; to provide for credit control and debt collection; to establish a framework for support, monitoring and standard setting by other spheres of government in order to progressively build local government into an efficient, frontline development agency capable of integrating the activities of all spheres of government for the overall social and economic upliftment of communities in harmony with their local natural environment; to provide for legal matters pertaining to local government; and to provide for matters incidental thereto.

The Municipal Systems Act defines the legal nature of municipalities as part of a system of co-operative government. It also clarifies the rights and duties of the municipal council, local communities, and the municipal administration. Clarifying the rights and obligations of different parties is an important step towards strengthening the democratic contract at the local level.

RIGHTS AND DUTIES OF MUNICIPAL COUNCILS

The council of a municipality has the right to govern, on its own initiative, the local government affairs of the local community; and to exercise the municipality’s executive and legislative authority without interference. Municipal councils must respect the rights of citizens in the way in which they exercise their powers.

A municipal council may finance the affairs of the municipality by charging fees for services, imposing surcharges on fees or property rates, and (when allowed by national legislation) imposing surcharges on other taxes, levies and duties.

Municipal councils have duties as well as rights. These include the duties to:

• exercise their powers and use their resources in the best interests of the local community;
• provide, without favour or prejudice, democratic and accountable government
• encourage the participation of the local community;
• ensure that municipal services are provided to the local community in an equitable, and financially and environmentally sustainable manner;
• promote development in the municipality;
• promote gender equity;
• promote a safe and healthy environment in the municipality; and
• contribute to the progressive realisation of the fundamental rights contained in the Constitution.

The Municipal Systems Act obliges municipal councils to consult the local community about municipal services. Communities should have a say in the way in which services are delivered (for example, by the municipal administration or through a service agreement); the level of services (for example, VIP latrines or waterborne sanitation); the quality of services (for example, how quickly the municipality processes planning applications); and the range of services which are provided (for example, whether the municipal council should provide recycling facilities).

Municipalities must fulfil these duties as far as possible, taking account of the budget and capacity they have available. For example, a municipality with a small budget may not be able to spend a lot of money on media campaigns to promote environmental issues. However, that municipality could still fulfil their duty by ensuring that the way they deliver services is environmentally friendly.