Guideline Document on the Roles and Responsibilities of ...

1 Guideline Document on the Roles and Responsibilities of Councillors, Political Structures and Officials March 2011 Contents 1 Introduction 1 Terms of reference 1 Requirements and principles for terms of reference 2 2 Legal framework 3 Constitution 4 Municipal Structures Act 4 Municipal Systems Act 4 Municipal Finance Management Act 4 3 Definition of a municipality 5 What is a municipality? 5 Categories of municipalities 6 Types of municipalities 6 Collective Executive System 7 Mayoral Executive System 7 Plenary Executive System 8 Role of a municipality 8 Role of the municipal administration 10 4 Municipal Council 13 Executive Obligations 13 Community Participation and Processes 14 Core

2 Functions 15 5 Speakers of Municipal Councils 16 General principles regarding the functions of the speaker 16 Legislative process 16 Integrity, privileges and interests of the council and councillors 16 Independence of the speaker 16 Functions of Speakers 17 Conducting council meetings 17 Legislative process 19 Legality and constitutionality 19 Procedures

3 20 Code of Conduct 20 Policy formulation 20 Sanctions 21 Councillors' accountability towards the community 21 Complaints against councillors 21 Compliance in council's committees 21 Application to traditional leaders 21 Support and assistance to councillors 21 Allowances and use of council facilities 21 Additional Roles of Speakers 22 Ceremonial functions 22 Ward committees

4 22 District representation 22 Appeals in terms of Access to Information Act 22 Line of Authority 22 Interaction with municipal manager 22 Interaction with staff members 22 Dispute resolution 23 6 Executive Committees 23 Composition of Executive Committee 23 Powers of Executive Committee 23 Line of Authority 24 Interaction with the municipal manager 24

5 Interaction with staff members 24 Dispute resolution 24 7 Mayors 25 Finance 25 Identification of financial problems 26 Inferred powers and functions of the mayor 27 Preparation of legislation 27 Integrity, privileges and immunities of councillors 28 Enforcing the code of conduct for councillors in executive committee meetings 28 Agenda and minutes 28 Meeting procedures 28 Order 29 Conduct of voting during meetings 29 Admission of public to executive committee meetings 29 Granting

6 Of leave of absence 30 Compliance with the code of conduct in committees 31 Ceremonial functions 31 Appeals in terms of Access to Information Act 31 Receiving reports from delegated bodies 31 Delegated powers of the mayor 31 Ceremonial powers and functions of the mayor 33 Relationship between the mayor and speaker in a collective executive system 33 Line of Authority 33 Interaction with the municipal manager 33 Interaction with staff members 34 Dispute resolution

7 34 8 Deputy Mayors 34 Line of Authority 34 Interaction with the municipal manager 34 Interaction with staff members 34 Dispute resolution 34 9 Executive Mayors 34 Statutory functions 35 Mayoral Committee 36 Finance 36 Identification of financial problems 38 Political head 38 Ceremonial Functions

8 39 Other functions 39 Line of Authority 39 Interaction with the municipal manager 39 Interaction with staff members 39 Dispute resolution 39 10 Whip of Council 40 Statutory functions of the Whip of Council 40 Other functions of the Whip of Council 40 Line of Authority 40 Interaction with the municipal manager