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Chapter 4 - Local Government

Introduction

Chapter 7 of the Constitution creates a framework for local governments, making them autonomous (independent) bodies and more independent of national and provincial government than under the previous constitution.

The Constitution and Municipalities

The Municipal Council is the executive and legislative authority of a municipality.. It has the right to govern the local government affairs of its community, subject to national and provincial legislation, as provided for in the Constitution.

The Constitution also requires that the three spheres of government engage with each other in co-operative government. Section 154 specifically requires of national and provincial governments to support and strengthen the capacity of municipalities. Provincial departments of cooperative or local government monitor and support the work of local government.

There are Constitutional limitations to describe the extent to which other spheres of government can intervene when municipalities are unable to exercise their mandate. Section 139 of the Constitution limits the powers that provincial governments have to intervene in the affairs of local government. It says the provincial government can only intervene when it is clear that the local government has not done what it was supposed to do under the law.

Developmental duties of municipalities

The key duties of a municipality are to-

• structure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community,
• promote the social and economic development of the community; and
• participate in national and provincial development programmes

Laws and policies that govern local government

• Municipal Demarcation Act 27 of 1998 - provides for the demarcation of municipalities
• Municipal Structures Act 117 of 1998 - sets out categories and types of municipalities and provides for elections and other matters
• Municipal Systems Act no 32 of 2000 - sets out systems within which municipalities should operate and procedures that they should follow in their day-to-day operations
• Municipal Property Rates Act 2003 - regulates the power of a municipality to impose rates on property; exclude certain properties from rating in the national interest; make provision for municipalities to implement a transparent and fair system of exemptions, reductions and rebates through their rating policies.
• Municipal Finance Management Act, 2004 - provides for secure, sound and sustainable management of the financial affairs of municipalities.

Government response to problems

To address the problems with service delivery and finances in local government, the Presidency in 2010 adopted 'Outcome 9' for local government and the Minister and MECs agreed to try and achieve the following by 2014: address 7 critical issues in order to achieve the overarching goal or vision of a responsive, accountable, effective and efficient local government system. The 7 critical issues are as follows:

1. Develop a more rigorous, data driven and detailed segmentation of municipalities that better reflect the varied and capacities and contexts within municipalities and lays the basis for a differentiated approach to municipal financing, planning and support.
2. Ensure improved access to essential services
3. Initiate ward?based programmes to sustain livelihoods.
4. Contribute to the achievement of sustainable human settlements and quality Neighbourhoods.
5. Strengthen participatory governance.
6. Strengthen the administrative and financial capability of municipalities.
7. Address coordination problems and strengthen cross?departmental initiatives.