NEWS

The Municipal Systems Act Confers…

The Municipal Systems Act confers certain duties on the council of a municipality. The Act states that the council of a municipality, within the municipality’s financial and administrative capacity and after having regard to practical considerations, has the duty to:

exercise the municipality’s executive and legislative authority and use the resources of the municipality in the best interests of the local community

provide, without favour or prejudice, democratic and accountable government

encourage the involvement of the local community

strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner

consult the local community about (i) the level, quality, range and impact of municipal services provided by the municipality, either directly or through another service provider; and (ii) the available options for service delivery

give members of the local community equitable access to the municipal services to which they are entitled

promote and undertake development in the municipality

promote gender equity in the exercise of the municipality’s executive and legislative authority

promote a safe and healthy environment in the municipality and

contribute, together with other organs of state, to the progressive realisation of the fundamental rights contained in sections 24, 25, 26, 27 and 29 of the Constitution.

These duties are in compliance with the broad constitutional obligations and requirements and must be read in conjunction with such sections. Subsection (3) also confirms a municipality’s responsibility in the exercise of its executive or legislative authority to respect the rights of citizens and those of other persons that are protected by the Bill of Rights. With reference to the duties of municipalities in relation to their local residents, our courts have already confirmed this.

A municipality consists of the political structures, the administration and the community of the municipality. Community participation and involvement in local government matters are thus of significant importance. Contrary to what is generally accepted, the local community not only has rights with regard to its local authority and can make certain demands of that authority, it has specific statutory duties with which it must comply. In this regard the Municipal Systems Act provides that members of the local community have the right:

to contribute to the decision-making processes of the municipality and to submit written or oral recommendations, representations and complaints to the municipal council or to another political structure or a political office bearer or to the administration of the municipality through mechanisms and in accordance with processes and procedures provided for in the act or other applicable legislation

to prompt responses to their written or oral communications, including complaints, to the Municipal Council or to another political structure or political office bearer or the administration of the municipality

to be informed of the decisions of the Municipal Council or another political structure or any political office bearer of the municipality that has an effect on their rights, property and reasonable expectations

to regulate disclosure of the state of affairs of the municipality, with inclusion of its financial affairs and status

to demand that the proceedings of the municipal council and those of its committees must be open to the public, subject to section 20; conducted impartially and without prejudice and untainted by personal self-interest

Duties of Municipal Administrations

Municipal administrations must be seen as part of the public administration in general. In this regard and in compliance with the constitutional obligations toward the public administration in general, the Municipal Systems Act provides for the following:

A municipality’s administration is governed by the democratic values and principles embodied in section 195(1) of the Constitution.

The administrations of municipalities are further obligated to ensure and adhere to the following principles:

to be responsive to the needs of the local community

to facilitate a culture of public service and accountability amongst staff

to take measures to prevent corruption

to establish clear relationships, and facilitate co-operation and communication, between it and the local community

to give members of the local community full and accurate information about the level and standard of municipal services they are entitled to receive

to inform the local community of how the municipality is managed, of the costs involved and the persons in charge.

The rights and duties of municipal councils and the members of their local communities and the duties of the administrations of municipalities are subject to the Constitution as well as to the Municipal Systems Act and other applicable legislation. These rights and duties should therefore not be evaluated in isolation but within the context of the new system of local governance.

There can be no doubt that the new legal framework which not only explains the legal nature of all municipal authorities but also give statutory protection thereto has significantly advanced the requirements and objectives of the Constitution. Not only does the new legal framework give expression to the structural framework that had to be created, it also furthers values such as accountability and public participation, to mention but two. The nature and legal character of municipal governments are specifically entrenched as unique democratic public institutions with specific powers and functions in specific areas which involve not only political structures but also the local community and the administration of the particular authority. Each of the three distinct components has its own rights and duties which, when combined should result in a more effective and sufficient local sphere of governance. In this regard it is submitted that the entrenched legal nature and divided rights and duties of local government institutions significantly contributes to the system that is envisaged under the Constitution.

 

Important Note

Over the past year Deneysville Ratepayers/Residents have delivered numerous disputes and complaints to Metsimaholo Municipality; these were received by the municipality and acknowledged. To date there has been a few empty promises but no action on their part. This leaves us with no choice but to take our disputes and complaints to provincial government. We will take all necessary steps to be heard – the media, provincial and parliament if need be. Our basic human rights are being ignored and our money is being wasted… enough is enough!  - DRA Chairman