CHAPTER 2 GOVERNANCE INTRODUCTION TO …

1 Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 35 C HAPT ER 2 G OVERN AN C E INTRODUCTION TO GOVERNANCE GOVERNANCE is the process of decision-making and the process by which decisions are implemented. An analysis of GOVERNANCE focuses on the formal and informal actors involved in decision-making and implementing the decisions made and the formal and informal structures that have been set in place to arrive at and implement the decision. GOVERNANCE in the public sector needs to take into account legal and constitutional accountability and responsibilities. Mogale City Local Municipality was established in terms of Section 12 Notice of the Municipal Structures Act of 1998. In terms of the Section 12 Notice, the Municipality is a Category B Municipality which operates within the Mayoral Executive System combined with the Participatory Ward System.

2 GOVERNANCE at MCLM is composed of both the Political and Administrative GOVERNANCE . The Political wing of the Municipality exercise their executive and legislative powers and functions to govern the affairs of the Municipality. The Administration wing is responsible for Corporate GOVERNANCE as prescribed by various legislative frameworks. Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 36 C OMPON EN T A: POLI TIC AL AN D ADMIN I ST RAT IVE G OVERN AN C E INTRODUCTION TO POLITICAL AND ADMINISTRATIVE GOVERNANCE Note: The Constitution S151 (3) states that the council of a municipality has the right to govern on its own initiative, the local government affairs of the local community Mogale City Local Municipality has two management teams: a Political and an Administrative team. Together they exist to provide a wide-range of services to residents and businesses.

3 Municipal councils exercise both legislative and executive functions. This is intended to facilitate hands-on GOVERNANCE and synergy between elected representatives, the executive and the administration. The proximity is meant to facilitate a more vibrant and responsive municipality that would ultimately result in efficient service delivery. The political team made up of councillors and headed by the Executive Mayor and Mayoral Committee, make strategic and policy decisions for the residents and businesses. The Administrative Team, headed by the Municipal Manager and the Departmental Executive Managers, ensure that the political decisions are put into effect. The Mogale City council's vision is "Quality service delivery for all", and its aims are to enhance the quality of life for all communities, develop the local economy, and encourage tourism.

4 This is being achieved by providing great services and infrastructure. Mogale City has outlined a set of values that guides its operations: 1. Integrity 2. Accountability 3. Diligent 4. Considerate 5. Participative 6. Responsive Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 37 2 .1 P OL ITICAL GOVERNA NC E INTRODUCTION TO POLITICAL GOVERNANCE Note: MFMA S52 (a): The Mayor must provide general political guidance over the fiscal and financial affairs of the municipality Mogale City Local Municipality was established in terms of Section 12 Notice of the Municipal Structures Act of 1998. In terms of Section 12 Notice, the Municipality is a Category B Municipality which operates within the Mayoral Executive System combined with the Participatory Ward System. GOVERNANCE in Mogale City Local Municipality is composed of both the Political and Administrative GOVERNANCE .

5 In terms of CHAPTER 7, section 151(2) of the Constitution of the Republic of South Africa, the legislative and executive functions of a municipality are vested within its Municipal Council. The Political leadership of the Municipality exercise their executive and legislative powers and functions to govern the affairs of the Municipality. The legislative function of the Council is vested within the full Council with the Speaker as its Chairperson. The passing of by-laws, policies on functions remains the responsibility of Council except where delegations have been made. The Executive Mayor (Cllr K. C. Seerane) has overarching strategic and political responsibility for Mogale City and also represents the Municipality at ceremonial functions. He receives reports from the different Portfolio Committees and presents these along with recommendations to Council.

6 The Speaker (Cllr S Thupane) is the Chairperson of the Council. The Speaker presides over Council meetings ensuring that meetings are held regularly, maintaining order during Council meetings and that the rules and regulations of the meeting are adhered to. The Chief Whip (Cllr S Dube) is responsible for building and maintaining relationships between all the parties in Council. It is also the role of the Chief Whip to make sure that portfolio committees run smoothly, and that councillors are allocated to particular committees. In consultation with the Speaker the Chief Whip decides, how debates, questions and motions, will take place. The Municipality has established section 80 Portfolio Committees, which are headed by 10 MMC's to assist the Council with its oversight function. The following committees have been established: Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 38 10 Section 80 Portfolio Committees.

7 Each one of these committees is chaired by a member of Mayoral Committee. These committees meet on a monthly basis and consider reports from the various Council departments and would in turn recommend to Mayoral Committee. Section 79 Municipal Public Accounts and Oversight Committee (MPAC) was established with specific terms of reference and consists of 12 non-executive Councillors. MPAC exercises oversight over the executive functionaries of Council and ensures good GOVERNANCE in the Municipality. Its functions include the analysis of the Annual Report, and submission of the Oversight Report on the Annual report to Council with recommendations. Once the Oversight Report has been considered and approved by Council it is published in accordance with the MFMA requirements and guidance. An MCLM Audit Committee is an independent committee constituted to review the control, GOVERNANCE and risk management within the Municipality.

8 It is established in terms of section 166 of the Municipal Finance Management Act (MFMA). The Committee constitutes of 5 members, who meet quarterly as per the schedule of meetings and provide recommendations on financial and non-financial processes of the Municipality. The Petitions Committee has been established as a Section 79 Committee reporting directly to Council in terms of Council s Draft Complaints and Petitions Strategy. Also a section 79 Councillors Ethics Committee has been established to deal with the conduct of councillors. Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 39 MOGALE CITY LOCAL MUNICIPALITY POLITICAL STRUCTURE Executive Mayor Cllr KC Seerane Speaker Cllr S Thupane Chief Whip Cllr S Dube Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 40 MOGALE CITY MAYORAL COMMITTEE MMC: Finance Cllr F Bhayat MMC: Local Economic Development Cllr B Friedman MMC: Infrastructure Services Cllr: M Khuzwayo Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 41 MMC: Human Settlement Cllr D Letsie MMC: Corporate Support Services Cllr N Mangole MMC: Health and Social Services Cllr E Mathe MMC: Environmental Management Cllr A Mathibe Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 42 MMC: Roads and Transport Cllr N Mdlulwa MMC.

9 Sports, Recreation, Arts and Culture Cllr A Setswalo-Moja COUNCILLORS Mogale City has 68 councillors, of which 34 are voted for directly to represent individual wards within the area of jurisdiction of Mogale City. 34 councillors are chosen from a proportional representation system based on the percentage of votes each political party received during the latest local government elections. From these elected representatives the majority party elects the Executive Mayor, who then appoints a Mayoral Committee to oversee specific Portfolio Committees. Also refer to Appendix B which sets out committees and committee purposes. Mogale City Local Municipality | CHAPTER 2 - GOVERNANCE 43 POLITICAL DECISION-TAKING During the course of each month the various Portfolio Committees, chaired by MMC's hold closed meetings where recommendations are made to the Mayoral Committee.

10 Ideally the Mayoral Committee would meet twice a month to deliberate on the Portfolio Committee reports and would in turn make recommendations to Council. The Council of 68 councillors meets once a month. These meetings are open to the public and give insight into how decisions are made and what issues are being debated. 2 .2 AD M INISTRAT IVE GOVE RNANCE INTRODUCTION TO ADMINISTRATIVE GOVERNANCE Note: MFMA 60(b): The Municipal Manager of a municipality is the accounting officer of the municipality for the purposes of this Act and must provide guidance on compliance with this Act to political structures; political office bearers, and officials of the municipality and any entity under the sole or shared control of the municipality. At the head of Administration, the Municipal Manager (Mr. D Mashitisho) acts as the Accounting Officer.