EXECUTIVE DIRECTOR: CORPORATE AND ADMINISTRATIVE …
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EMALAHLENI LOCAL MUNICIPALITY
SYSTEMS OF DELEGATIONS OF POWERS
TABLE OF CONTENT PAGE
SECTION A
1. OBJECTIVES OF DELEGATION 5
2. PRINCIPLE OF DELEGATION 6
3. CONDITIONS OF DELEGATION 8
SECTION B
4. DEFINITIONS 11
5. PREAMBLE 13
6. INTRODUCTION 14
7. INTERPRETATION 17
8. DELEGATIONS TO POLITICAL OFFICE BEARERS 19
8.1 Municipal Council 19
8.2 Mayor; 50
8.3 Acting Mayor; 69
8.4 Chief whip 71
8.5 Speaker; 74
8.6 Members of Executive Committee; 76
SECTION C
9. GENERAL DELEGATIONS ADMINISTRATIVE 84
OFFICE BEARERS
9.1 Municipal Manager; 84
9.2 Director: Office of the MM 14
9.3 Director: Corporate Services 153
9.4 Director: Infrastructure Development and Human
Settlements 163
9.5 Director: Community Services 187
9.6 Director: Economic Development, Tourism and Agriculture 192
SECTION D
10. General Policy 196
11. Policy for the delegations of powers and functions within the municipality 198
12. Checks and Balances 200
13. Guidelines to Delegations 201
14. Guidelines on Delegation Process 204
15. Implementation Plan and Process 205
16. Persons in Acting Capacity 206
17. Deficiencies in the Systems of Delegation 207
SECTION E
18. Delegation Instruments: Mayor
19. Delegation Instrument: Speaker
20. Delegation Instruments: Municipal Manager
SECTION A
1. OBJECTIVES OF DELEGATION
The objectives of the system of delegation of powers of Council are amongst others:
1.1 To ensure maximum administrative and operational efficiency;
1.2 To provide for adequate checks and balances;
1.3 To delegate decision – making to the most effective level within the administration;
1.4 To involve employees in management decisions as far as practicable;
1.5 To promote a sense of collective responsibility for performance;
1.6 To assign clear duties for the management and co-ordination of administrative and its systems and mechanisms;
1.7 To define in precise terms the duties of each political structure and political office bearer;
1.8 To determine the relationships amongst the political structures, political office bearers and the administration, and the appropriate lines of accountability and reporting for each of the structures
2. PRINCIPLES OF DELEGATION
1. All delegations must ensure that the Council retains all legislative powers and those executive powers which cannot be lawfully delegated;
2. Policy formulation and determination process should remain the prerogative of Council, and any political office bearer or staff member may initiate the generation of proposed policy, and policy must first be channeled to the Mayor for consideration and recommendation and notwithstanding any proposed policy has a direct and significant impact on the community and allow public participation’s input find expression in the finalization of the policy document;
3. Council as the legislative and executive authority may exercise no power and perform no function beyond that conferred upon it by law;
4. No political office bearer or staff member may exercise its authority contrary to any policy approved by Council;
5. Clear corporate policies in respect of support services such as finance, human resources, procurement and certain administrative functions must inform the delegated powers of relevant political office bearers and staff members. Policies should not serve as ad hoc instructions, but must be universally applicable;
6. The function allocated to the municipality’s political office bearers or staff members as may be approved by Council from time to time will form the basis for the allocation of delegations of executive decision making power;
7. All delegation must be in writing;
8. All delegations must provide for good governance and allow for adequate checks and balances;
9. All delegations must enhance service delivery without sacrificing accountability;
10. Delegations must not oblige a delegate to exercise his/her delegated power and must therefore allow for the decision to be taken at the next higher level;
11. In exercising delegated authority, the municipality’s political office bearers or staff members must do so in the spirit of utmost good faith
12. The political office bearer and staff members must be empowered to perform their functions effectively and to take decisions in the management and administration of their functional areas within the maximum amount of delegated authority, subject to compliance with the following constraints:
13. Clear operational policies which are determined by Council must govern the actions of the relevant political office bearer or staff members in performing their respective functions and activities. Where it is necessary for relevant for political office bearers or staff members to operate in exceptional cases outside a defined policy, the authority of either the Mayor or the Municipal Manager respectively must be obtained;
14. Relevant political office bearers or staff members must take decisions and implement policy, projects and manage their functional areas in order to give effect to the requirements of their respective business plans;
15. Relevant political office bearer or staffs members must ensure that their proposed business plans give maximum effect to the achievement of the municipality’s strategic objectives;
16. During the implementation of the municipality’s business plans, relevant political office bearers or staff members must, when exercising their delegated powers, ensures that Council’s strategic objectives are achieved;
17. In giving effect to policies, projects and the requirements of business plans relevant political office bearers or staff members must take decisions and operate within the parameters of their respective operational and capital budgets;
18. Relevant political office bearers and staff members must give effect to the enforcement and observation of all municipal by-laws and other relevant legislation and where changing circumstances so dictates , must recommend the creation or amendment of municipal by laws
2. CONDITIONS OF DELEGATION
Decision making powers delegated by the Council are subject to the following conditions:
Delegated powers are conferred upon the Mayor and posts in the organization of the municipality and not personally on incumbents;
1. Persons who are acting have the same delegated powers as those serving in permanent capacity, provided that the competent authority has duly appointed such acting persons and has not excluded certain powers;
2. The delegate must comply with all relevant legislation, agreements and policy in the execution of the delegated power;
3. It is the responsibility of the Delegator to ensure that clear and comprehensive policies are drafted;
4. In executing delegated powers no expenditure may be incurred unless the delegate is satisfied that the municipality has budgeted for the expenditure and that the funds are still available on the relevant budget;
5. In executing delegated powers all decisions taken must be in support of the municipality’s business plans and its strategic objectives;
6. Council or its Mayor or any part of the municipality’s staff members above the delegatee may at any time, subject to applicable law, order a delegated matter not to be proceeded with by the delegatee and then deal with such matter;
7. The chain of authority from the Council to the Mayor to the Municipal Manager and officials below must not be jeopardized by any delegation;
8. The relevant political office bearer or staff members delegated to take a decision, may determine whether a report is needed motivating the decision and whether the decision must be reduced to writing. If a report is required then it must indicate that all legal and financial requirements have been met;
9. A delegation may set out special circumstances in which a delegatee is prohibited from exercising his/her delegated power
10. Any sub – delegation must be reduced to writing and recorded in the delegation register, contained in this document, which must be kept updated at all times by the Director: Corporate Services and who must be informed in writing of any sub delegation
11. All decisions affecting the rights of others must be in writing and reasons must be recorded for such decisions
12. The Council or any other delegator, may at any time withdraw qualify or amend a delegation made by itself
13. Provision must be made for a separation between the evaluation and recommendation stage of the decision making process and the actual decision itself.
14. Any delegator may require a selected sample of decisions taken by a part of the staff below him/her to be audited
Section B
4. DEFINITIONS
Structures Act - Local Government Municipal Structures Act, 117 of 1998.
Systems Act - Local Government Municipal Systems Act, 32 of 2000 as amended
The Constitution-The Constitution of the Republic of South Africa Act 108 of 1996
MFMA - Municipal Finance Management Act, 56 of 2003
ELM – Emalahleni Local Municipality
IDP - Integrated Development Plan
POLITICAL OFFICE BEARERS - The Speaker, Mayor, or a member of the Executive
Committee as referred to in the Municipal Structures Act
SDBIP – Service delivery and budget implementation plan
Minister – the Minister of Corporate Governance and Traditional Affairs
MEC- Member of the Executive Council responsible for Cooperative Governance and Traditional Affairs in a Province
MUNICIPALITY- Municipal Council as defined in the Sections 54A and 56 of the primary act (MSA 32 of 2000) by substitution of (MSA 7 of 2011) Section 4
CATEGORY- in relation to municipalities means a category A, B or C municipality envisaged in Section 155 ( 1 ) of the Constitution
MUNICIPAL COUNCIL OR COUNCIL- means a municipal council referred to in Section 157 of the Constitution 1996
POLITICAL OFFICE – in relation to a political party or structure thereof, means:
- the position of chairperson, deputy chairperson, secretary, deputy secretary or treasurer of the party nationally or any province, region or other area which the party operates; or
- any position in the party equivalent to a position referred to in the above preceding paragraph, irrespective of the title designated to the person.
NDP – National Development Plan 2030 of South Africa
5. PREAMBLE
The purpose of this system of delegation is to infuse all relevant specific legislation governing the Local Government sphere. ELM will utilise this document as a single integrated systems for their day to day operations and guidance.
Furthermore this document emphasizes the roles, responsibilities and functions in terms of Section 53 of the Systems Act No 32 of 2000 as amended by Act Number 7 of 2011 and how these bodies will interface with communities.
This document moreover illustrates that the inherent power of a municipality which is both legislative and executive is vested in a Municipal Council, which in turn delegates to Political Office Bearers and Municipal Administration.
In addition to the above, this document will specifically demonstrate non- delegable executive and legislative powers to both political office bearers and the Municipal Administration.
It is for these reasons that a Municipal Council should develop a system of delegation.
6. INTRODUCTION
A new system of government has emerged since 1994 that requires dedicated Councillors to play an active role in bringing about the democratic and accountable government of local communities envisaged by the Constitution of the Republic of South Africa (the Constitution 1996).
The Constitution 1996 outlines other goals for municipalities:
• to ensure the provision of services to communities in a sustainable manner
• to promote social and economic development
• to provide safe and healthy environments
• to encourage public involvement in matters of local government.
The Constitution 1996 sets out the mandate for each municipality to strive to achieve these goals, within its financial and administrative capacity.
Its aim was to democratise state institutions, redress inequality and extend expanded services to the broader population. The new system of government has the following features:
1. There is a significant decentralisation of powers, functions and budgeting, through three distinct, interrelated and interdependent spheres of government: national, provincial and local.
2. National Parliament comprises two houses: a national assembly; and a national council of provinces, which represents provincial legislatures and organised local government.
3. Each of the nine provinces has its own legislatures and executive committees, as well as administrative structures.
4. With the recent demarcation of municipalities, there are now 283 municipalities.
5. There are three categories of municipality: metropolitan (category A), district (category C) and local (category B).
6. Each municipality has both political and administrative components. The political components vary, with some municipalities having executive mayors, mayors and others having executive committees, each with distinct powers and functions.
7. Provincial executives and administrations are accountable to provincial legislatures, and municipal executives and administrations are accountable to municipal councils. The legal framework provides for provincial oversight, support and capacity building.
8. The system of election for local government is a mix of directly elected representatives and proportional representation.
In 2010 ELM Council set-out a process of reviewing its draft system of delegation. “The Definition of the role and responsibility of each political structure, political office bearer and the Municipal Manager in terms of the Municipal Systems Act 32 of 2000[1]”. Section 53(1) – (6) of the Systems Act seeks to clarify the following:
• the definition and specific roles and areas of responsibility of political structures, political office bearers and the municipal administration;
• the separate prescripts for each political structure or bearer and municipal administration and the give effect to in roles, procedures, instructions, policy statements and other writing instrument of the municipality;
• instruments defining, acknowledging or giving effect to the roles and areas of responsibility to these political structures and political office bearers and the municipal administration appropriately to the category and type in which the municipality falls;
• the delegation of powers and duties to the relevant political structure or political office bearer or the municipal manager in terms of Section 59 of the Systems Act;
• when defining the respective roles and areas of responsibility of each political structure and political office bearer and of the municipal manager, the municipality must determine the relationships, the manner in which they interact, appropriate lines of accountability and reporting, mechanism, process and procedures for minimizing gross referrals and overlapping, dispute resolutions and interaction process and procedures among political structures, political office bearers and municipal manager;
• The Act prescribes that the municipality must create mechanisms to inform the community on municipal governance, management and development.
The said policy whilst giving effect to the provisions of the Municipal Systems Act comprehensively outlined and defined the role and responsibility of inter-alia the Municipal Council, Speaker, Mayor, Executive Committee, Portfolio Councillors, Chief Whip, and the Municipal Manager.
Having defined the functions of the various structures and functionaries, it is necessary for the Municipal Council, as the repository of the executive powers, to delegate each of the functionaries any powers which are necessary to enable them to carry out those functions.
7. INTERPRETATION
1. In this delegations document, unless inconsistent with or otherwise indicated in the context.
2. The clause headings have been inserted for convenience only and shall not be taken into account for the purposes of interpreting the delegations.
3. Any reference to one gender shall include the other gender.
4. Words in the singular shall include the plural and vice versa.
5. Words defining a specific clause has the same meaning in all other clauses, unless inconsistent with the context.
8. DELEGATIONS: POLITICAL OFFICE BEARERS
8.1 MUNICIPAL COUNCIL
The objectives of local government are based on a co-operative government framework that encourages participation with other councils within the district, as well as the provincial and national spheres of government, in public policy setting, development planning and the delivery of services.
The constitutional mandate for municipalities is that they strive, within their financial and administrative capacity, to achieve the objectives and carry out the developmental duties assigned to local government.
Each municipality covers a defined geographic area, which varies in size, population, and land use. The area may be rural or urban and the population may vary from fewer than 20 000 inhabitants to several million. These differences aside, all municipal councils have the same responsibilities over the governmental affairs of its community.
The MFMA recognises the right of the council to govern and reinforces its responsibilities of policy approval and oversight over the activities of the municipality.
The residents and ratepayers of a municipality elect the municipal council to decide on their behalf, on the overall direction and policies for the municipality. The municipal council is regarded as a corporate body or legal entity, which can acquire rights and incur liabilities in a legal sense. It may take action against individuals and other bodies and in turn be sued. Individual councillors have no authority to make decisions or act on behalf of the council unless the council has made a specific delegation. The council members as a whole form the body that has the power to govern. Therefore, councillors need to understand that the best way to influence policy decisions is by giving input when council policies are formulated and approved at duly convened council meetings.
The Municipal Structures Act, the MSA and the MFMA prescribe the legal framework for the structure and operation of municipal councils. The municipal council operates by votes taken at formal meetings of the council. The municipal council makes decisions to ensure that its functions are performed correctly.
The Municipal Council must elect its Speaker, and may elect an executive committee and other committees, subject to national legislation. The Speaker presides at meetings, ensures that the council meets at least quarterly, maintains order during meetings and performs other duties delegated by the council. The speaker or another councillor may perform the role of a mayor, if so delegated, depending on the type of municipality prescribed in the Municipal Structures Act.
The Municipal Council therefore takes on the following principal responsibilities:
• to provide democratic and accountable government without favour or prejudice
• to encourage the involvement of the local community
• to provide all members of the local community with equitable access to the municipal services that they are entitled to
• to plan at the local and regional level for the development and future requirements of the area to monitor the performance of the municipality by carefully evaluating budget reports and annual reports to avoid financial problems, and if necessary to identify the causes of financial problems and resolve them as they arise.
• to provide services and facilities, and financial capacity, within the constitutional and legislative authority, that benefit ratepayers and residents, and visitors to its area. These would include, but are not limited to, general public services or facilities (such as electricity, water and sanitation services, waste and refuse removal), community services or facilities, and cultural or recreational services or facilities, while focusing on core functions as a priority.
• to provide infrastructure for the community and for development within the area by promoting an attractive climate and locations for the development of business, commerce, industry and tourism.
• to manage, improve and develop resources available to the council.
In its oversight role, the municipal council takes responsibility for the financial affairs of the municipality. The council must establish that the municipality is meeting and will continue to meet its financial commitments and that it will avoid financial problems.
If serious financial problems persist, the council must be active in its oversight role to identify the causes of the problem and ensure that appropriate remedies are instituted.
A majority of the members of a municipal council must be present before a vote may be taken on any matter. Matters include:
• passing by-laws
• Approving integrated development plan
• approving budgets
• approving policies imposing rates and other taxes, levies and duties; and
• approving loans.
For example, if a municipal council consists of 34 members, then it would take 18 members present in any meeting before the council could take formal action on a matter. The municipal council may not delegate decision making on any of the issues listed above.
For instance, in order to consider and adopt a by-law, the municipal council must ensure that all the members of the council have been given reasonable notice and that the proposed by-law has been published for public comment. A municipal council may make by-laws which prescribe rules for internal council arrangements, conducting council business, and establishing committees. When a committee is being set up, the municipal council determines its composition, procedures, powers and functions.
The Municipal Structures Act requires a municipal council and its committees to conduct business in an open manner. In an open and democratic society, municipal councils or council committees must make provisions for notifying the public about meetings and how they can attend and participate. They may close their sittings only when the nature of the business being conducted demands this. Members of a municipal council are entitled to participate in all council and council committee proceedings. Consistent with the principles of democracy, all interest groups are allowed to be fairly represented in all matters before the Council.
The Municipal Structures Act prescribes the right of the council to elect an executive committee from its members. Once elected, the Executive Committee must elect a Mayor.
The Municipal Finance Management Act, the Municipal Systems Act and the Municipal Structures Act prescribe certain duties and responsibilities to Mayors and Committees of the municipality that will be discussed further on.
Appointment of Municipal Manager and municipal employees
The Municipal Structures Act requires a municipal Council to appoint a Municipal Manager. The Municipal Manager is responsible for ensuring that the policies of Council are implemented. The Municipal Manager is the accounting officer of the municipality and is accountable to the Mayor or Council for implementing specific agreed outputs, and to the Council for the overall administration of the municipality.
The Municipal Manager reports directly to the Mayor and indirectly through the Mayor to Council. The Mayor is responsible for approving the annual performance contract for the Municipal Manager and monitors actual performance.
All other municipal employees are appointed and report directly to the Municipal Manager.
1. SYSTEM OF DELEGATION OF POWERS AND FUNCTIONS BY COUNCIL IN TERMS OF LEGISLATION
1. The Constitution of the Republic of South Africa
According to Chapter 7 of the Constitution of the Republic of South Africa, the objectives of Local Government are:
• To provide democratic and accountable government for local communities;
• To ensure the provision of services to communities in a sustainable manner;
• To promote social and economic development
• To promote a safe and healthy environment; and
• To encourage the involvement of communities and community organisations in the matters of local government.
2. A municipality must strive, within its financial and administrative capacity, to achieve the objectives set out in subsection (1) above
2. Bill of Rights (Chapter 2 of the RSA Constitution)
• Human dignity
• Equality
• Life
• Freedom and security of the person
• Slavery, servitude and forced labour
• Freedom of religion, belief and opinion
• Freedom of expression
• Assembly, demonstration, picket and petition
• Freedom of association
• Political rights
• Citizenship
• Freedom of trade, occupation and profession
• Labour relations
• Environment
• Property, housing healthcare, food, water and social security
• Children
• Education
• Language and culture cultural, religious and linguistic communities
• Access to information
• Administrative action arrested, detained and accused persons
8.1.1.3 The Municipal Systems Act (MSA) 32 of 2000.
The MSA outlines the systems that must ensure that municipalities carry out their mandate effectively and efficiently. This act addresses among others the following:
• Legal nature, rights and duties of municipalities
• Municipal functions and powers
• Community participation
• Integrated Development Planning
• Performance management
• Local public administration and human resources
• Municipal services
• Credit control and Debt collection
• Provincial and National monitoring and standard setting
• Local matters
• Code of Conduct for councillors, Code of Conduct for Municipal Staff members.
Section 18 (1) of the Municipal structures act states that every municipality must have a municipal council which must meet at least quarterly.
In terms of section 11 of the Municipal Systems Act and Section 151 (2) of the Constitution, the executive and legislative authority of a municipality is exercised by the council of the municipality, and the council takes all the decisions of the municipality subject to Section 59 of the Systems Act.
The legislative and executive powers of a municipality are described as follows:
(a) developing and adopting policies, plans, strategies and programmed, including setting targets for delivery;
(b) promoting and undertaking development;
(c) establishing and maintaining an administration;
(d) administering and regulating its internal affairs and the local government affairs of the local community;
(e) implementing applicable national and provincial legislation and its by-laws;
(f) providing municipal services to the local community, or appointing appropriate service providers in accordance with the criteria and process set out in Section 78 of the Systems Act;
(g) monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the municipality;
(h) preparing, approving and implementing its budgets;
i) Imposing and recovering rates, taxes, levies, duties, service fees and surcharges on fees, including setting and implementing tariff, rates and tax debt collection policies;
(j) monitoring the impact and effectiveness of any services, policies, programmed or plans;
(k) establishing and implementing performance management systems;
(l) promoting a safe and healthy environment;
(m) passing by-laws and taking decisions on any of the above-mentioned matters; and
(n) doing anything else within its legislative and executive competence.
All decisions taken by a Municipal Council must be recorded.
ELM adheres to the principle of Section 152 of the Constitution of the Republic of South Africa which embraces all the objects of local government as follows:
(a) to provide democratic and accountable government for local communities;
(b) to ensure the provision of services to communities, in a sustainable manner;
(c) to promote social and economic development;
(d) to promote safe and healthy environment; and
(e) to encourage the involvement of communities and community organisations in the matters of local government.
ELM is obliged to plan, organise all its activities within its financial and administrative capacity, to achieve the above-mentioned objects as stipulated in subsection (1) of Section 152 of the Constitution.
The ELM legislative and executive authority is exercised in terms of the procedures set out in Section 12 of the Municipal Systems Act which states that:
a) Only a member or committee of a municipal council may introduce a draft by-law in the council.
b) A by-law must be made by a decision taken by a municipal council-
(i) in accordance with the roles and orders of the council; and
(ii) with a supporting vote of a majority of its members.
c) ELM is obliged by law not to pass any by-laws unless:
(i) all the members of the council have been given proper and reasonable notice; and
(ii) the proposed by-laws have been tabled before council, and council takes a resolution for public participation in regard to the proposed by-law.
The Emalahleni Council, as a juristic person, is authorised by section 4 of the Systems Act, read in line with Section 152 of the Constitution to perform independently the following roles and functions:
(a) to govern on its own initiative the local government affairs of the local community;
(b) to exercise the municipality’s executive and legislative authority, and to do so without improper interference; and
(c) to finance the affairs of the municipality by-
(i) charging fees for services; and
(ii) imposing surcharges on fees, rates on property and, to the extent authorised by national legislation, other taxes, levies and duties.
In terms of the Municipal Finance Management Act, the annual budgets of the Municipality are the responsibility of council, this section reads as follows:
16. (1) The council of a municipality must for each financial year approve an annual budget for the municipality before the start of that financial year.
(2) In order for a municipality to comply with subsection (1), the mayor of the must table the annual budget at a council meeting at least 90 days before the start of the budget year.
(3) Subsection (1) does not preclude the appropriation of money for capital expenditure for a period not exceeding three financial years, provided a separate appropriation is made for each of those financial years.
In obtaining a short term debt, Section 45 (1) and (2) (a) and (b) of
the MFMA specify that:
45. (1) A municipality may incur short-term debt only in
accordance with and subject of this Act and only when necessary to bridge-
(a) shortfalls within a financial year during which the debt is incurred, in expectation of specific and realistic anticipated income to be received within that financial year; or
(b) capital needs within a financial year, to be repaid from specific funds to be received from enforceable allocations or long-term debt commitments.
(2) (a) a resolution of the municipal council, signed by the mayor,
has approved the debt agreement; and
(b) the accounting officer has signed the agreement or other document which creates or acknowledges the debt.
(2) A municipality may incur short-term debt only if debt
agreement; and creates or acknowledges the debt.
(3) For the purpose of subsection (2)(a), a municipal council may-
(a) approve a short-term debt transaction individually; or
(b) approve an agreement with a lender for a short-term credit facility to be accessed as and when required, including a line of credit or bank overdraft facility, provided that-
(i) the credit limit must be specified in the resolution of the council;
(ii) the terms of the agreement, including the credit limit. may be changed only by a resolution of the council; and
(iii) if the council approves a credit facility that is limited to emergency use.
The accounting officer must notify the council in writing as soon as practical of the amount, duration and cost of any debt incurred in terms of such a credit facility, as well as options for repaying such debt.
In obtaining Long Term debts sections 46 (1) and of the MFMA apply, which sections read as follows:
46. (1) A municipality may incur long-term debt only in accordance with and subject to any applicable provisions of this Act, including section 19, and only for the purpose of-
(a) capital expenditure on property, plant or equipment to be used for the purpose of achieving the objects of local government as set out in section 152 of the Constitution, including costs referred to in subsection (4): or
(b) re-financing existing long-term debt subject to subsection (5).
(2)A municipality may incur long-term debt only if:
a) a resolution of the municipal council, signed by the mayor, has approved the debt agreement; and
(b) the accounting officer has signed the agreement or other document which creates or acknowledges the debt.
In the provision of security by a Municipality is governed by Section 48 of the MFMA which states that a municipality may by resolution of its council provide security:
a) any of its debt obligations;
b) any debt obligations of a municipal entity under its sole control or
c) contractual obligations of the municipality undertaken in connection with capital expenditure by other persons on property, plants or equipment to be used by the municipality or such other person for the purpose of achieving the objects of local government in terms of section
152 of the Constitution.
ELM council is required by Section 4 subsection 2 (a) to (e) of the Systems Act to perform duties prescribed by the above section as follows:
(a) to exercise the municipality’s executive and legislative authority and use the resources of the municipality in the best interests of the local community;
(b) to provide, without favour or prejudice, democratic and accountable government;
(c) to encourage the involvement of the local community;
(d) to strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner;
(e) to 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:
(f) give members of the local community equitable access to the municipal services to which they are entitled;
(g) promote and undertake development in the municipality;
(h) promote gender equity in the exercise of the municipality’s executive and legislative authority;
(i) promote a safe healthy environment in the municipality; and
(j) contribute, together with other organs of state, to the progressive realisation of the fundamental rights obtained in sections 24, 25, 26, 27 and 29 of the Constitution.
3. A municipality must in the exercise of its executive and legislative authority respect the rights of citizens and those of other persons protected by the Bill of Rights.
Section 59 of the Municipal Systems Act states that:
1. A municipal council must develop a system of delegation that will maximise administrative and operational efficiency and provide for adequate checks and balances, and, in accordance with that system, may-
(a) delegate appropriate powers, excluding a power mentioned in section 160(2) of the Constitution and the power to set tariffs, to decide to enter into a service delivery agreement in terms of section 76(b) and to approve or amend the municipality’s integrated development plan, to any of the municipality’s other political structures, political office bearers, councillors, or staff members;
(b) instruct any such political structure, political office bearer, councillor, or staff member to perform any of the municipality’s duties; and
(c) withdraw any delegation or instruction.
2. A delegation or instruction in terms of subsection (1)-
(a) must not conflict with the Constitution, this Act or the Municipal Structures Act;
(b) must be in writing;
(c) is subject to any limitations, conditions and directions the municipal council may impose;
(d) may include the power to sub-delegate a delegated power;
(e) does not divest the council of the responsibility concerning the exercise of the power of the performance of the duty; and
(f) must be reviewed
I) annually to achieve effectiveness and relevance and to
entrench accountability on the delegated responsibility.
ii) each time there is a change in political leadership i.e when a new council is elected or, if it is a district council, elected and appointed to afford the incoming municipal council to determine what to delegate and what not to delegate when a new council is elected or, if it is a district council, elected and appointed.
3. The municipal council-
(a) in accordance with procedures in its roles and orders, may, or at the request in writing of at least one quarter of the councillors, must review any decision taken by such a political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction, and either confirm, vary or revoke the decision subject to any rights that may have accrued to a person; and
(b) may require its executive committee or executive mayor to review any decision taken by such a political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction.
In light of the fact the municipal council would not be able to carry out its duties with the members that it contains, section 32 of the Municipal Structures Act makes it obligatory for the municipal council to develop a system of delegation.
1. A municipal council must develop a system of delegation that will maximise administrative and operational efficiency and provide for adequate checks and balances, and, in accordance with that systems may-
a) delegate appropriate powers, excluding a power mentioned in section 160(2) of the Constitution and the power to approve its integrated development plan, to its-
i) executive committee, if it has an executive committee;
ii) executive mayor, if it has an executive mayor;
iii) metropolitan subcouncils, if it has such subcouncils;
iv) ward committees, if it has ward committees;
v) other committees or elected office-bearers; and
vi) municipal manager or any of its other officials;
b) instruct any such committee or functional to perform any of the councils duties; and
c) withdraw any delegation or instruction
2. A delegation or instruction in terms of subsection (1)
(a) must be in accordance with the Constitution and this Act;
(b) must be in writing;
(c) is subject to any limitations, conditions and directions the municipal council may impose;
(d) may include the power to sub-delegate a delegated power;
(e) does not divest the council of the responsibility concerning the exercise of the power or the performance of the duty; and
(f) must be reviewed when a new council is elected or, if it is a district council, elected and appointed.
3. The municipal council-
(a) in accordance with procedures in its roles and orders, may, or at the request in writing of at least one quarter of the councillors, must review any decision taken by a committee or functional in consequence of a delegation or instruction, and either confirm, vary or revoke the decision
subject to any vested rights; and
(b) may require its executive committee or executive mayor to co-ordinate or review any decision taken by a committee or functionary in consequence of a delegation or instruction.
The Municipal Council’s power to delegate is limited in terms of section 60 of the Municipal Systems Act which lists the following restrictions on Councils authority to delegate.
1. The following powers may, within a political framework determined by the municipal council, be delegated to an executive committee or executive mayor only:
(a) decisions to expropriate immovable property or rights in or to immovable property; and
(b) the determination or alteration of the remuneration, benefits or other conditions of service of the municipal manager or managers directly responsible to the municipal manager.
2. The council may only delegate to an executive committee or executive mayor or chief financial officer decisions to make investments on behalf of the municipality within a policy framework determined by the Minister of Finance.
Powers which can be delegated are listed in Section 160(2) of the constitution which states that a provincial official gazette must publish a municipal by-law upon request the by municipality.
In this regard Section 59 of the Municipal Systems Act provides the appropriate mechanism for this in that it provides that:
A Municipal Council must develop a system of delegation that will maximize administrative and operational efficiency and provide for
adequate checks and balances, and, in accordance with that system, may-
a) delegate appropriate powers, excluding a power mentioned in section 160 (2) of the Constitution;
b) instruct any such political structure, political office bearer, councilor, or staff member to perform any of the municipality’s duties; and
c) withdraw any delegation or instruction.
A delegation or instruction in terms of subsection (1)-
a) must not conflict with the Constitution, this Act or the Municipal Structures Act;
b) must be in writing;
c) is subject to any limitations, conditions and directions the municipal council may impose;
d) may include the power to sub-delegate a delegated power;
e) does not divest the council of the responsibility concerning the exercise of the power or the performance of the duty; …”
The purpose of this policy document is to give effect to the above legislative prescripts by creating Council’s System of Delegation. In giving effect to the System of Delegation the afore-mentioned principles as enshrined in Section 59(2) of the Systems Act will apply together with section 79 of the Municipal Finance Management Act.
Given the legal prescripts a clear need exists for powers to be delegated to its organs, structures and the Council functionaries in order to enable the Council to effectively discharge its business.
The delegation of a power does not divest the Council of the responsibility concerning the exercise of the power or the performance of the duty.
It is imperative that the delegation of powers should not be prohibited by law and also should have, as its object, maximizing and advancing the administrative and operational efficiency of the Council.
Council is vested with the responsibility to oversee the performance of their respective Municipality, as required by the Constitution, the Municipal Finance Management Act (MFMA) and Municipal Systems Act (Systems Act).
This oversight responsibility of council is particularly important for the process of considering reports to Council from the Mayor / Executive Committee.
The MFMA and Systems Act recognise that council has a critical role to play to ensure better performance by municipal departments and entities.
The MFMA gives effect to financial management reforms that place greater service delivery responsibilities on managers and makes them more accountable for performance. Whilst, in the first instance it is
left to the Mayor to resolve any performance failures, ultimately the council is vested with the power and responsibility to oversee both the executive and administration.
The Mayor provides the link between the council and administration and is responsible for regular monitoring and for tabling reports before the council. Therefore, the administration is responsible for the day to day operations.
The aforesaid Section 53 process as adopted by Municipal Council must be read in conjunction with this document in respect of the delegated powers which are provided in the relevant legislations which the municipal Council delegates to its functionaries.
In delegating these powers Sections 61, 63 and 64 of the Systems Act applies.
Section 61 provides:
“A political structure, political office bearer, councillor or staff member of a municipality to whom a delegating authority has delegated or sub-delegated to dispose of matters falling within the are of responsibility of that political structure, political office bearer, councillor or staff member may, or must if instructed to do so by the relevant delegating authority, refer a matter before the political structure, political office bearer, councillor or staff member to the relevant delegating authority for a decision”.
Section 63 provides:
“A political structure, political office bearer, councillor or staff member of municipality to whom a delegating authority has delegated or sub-delegated a power or duty, must report to the delegating authority at such intervals as the delegating authority may require, on such decisions taken in terms of that delegated or sub-delegated power or duty since the last report”.
Section 64 provides:
“The withdrawal, amendment or lapsing of a delegation or sub-delegation does not invalidate anything done as a consequence of a decision taken in terms of that sub-delegation”.
POWERS RESERVED FOR COUNCIL BY LEGISLATION
In terms of section 160(2) of the Constitution, 1996, the following powers may not be delegated by a municipal council; namely:
a) the passing of By-laws;
b) the approving of integrated development plan
c) the approval of budgets;
d) the imposition of rates and other taxes, levies and duties;
and
e) the raising of loans.
In addition to the aforementioned four powers the following three powers may in terms of Section 59 of the System Act, 2000 also not be delegated by the Council: namely:
i) the power to set tariffs;
ii) the power to decide to enter into a service delivery agreement in terms of Section 76 (b) of the System Act 2000; and
iii) the power to approve or amend the integrated development plan (IDP) of the Council.
Section 14 of the MFMA further reserves, to the Municipal Council, the power to transfer ownership or the disposal of capital assets not needed to provide the minimum level of basic municipal services.
Section 82 (1) of the Structures Act provides that a Municipal Council appoints the Municipal Manager who is the head of administration and also the accounting officer for the municipality.
In terms of Section 56 (a) a municipal council, after consultation with the municipal manager, appoints a manager directly accountable to the Municipal Manager.
8.1.4 Rights and duties of municipal councils
1. The council of a municipality has the right to-
a) Govern on its own initiative the local government affairs of the local community;
b) Exercise the municipality’s executive and legislative authority, and to do so without improper interference; and
c) Finance the affairs of the municipality by-
i) Charging fees for services; and
ii) Imposing surcharges on fees, rates on property and, to the extent authorised by national legislation, other taxes, levies and duties.
2. The council of a municipality, within the municipality’s financial and administrative capacity and having regard to practical considerations, has the duty to-
a) Exercise the municipality’s executive and legislative authority and use the resources of the municipality in the best interests of the local community;
b) Provide, without favor or prejudice, democratic and accountable government;
c) Encourage the involvement of the local community;
d) Strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner;
e) 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;
f) Give members of the local community equitable access to the municipal services to which they are entitled;
g) Promote and undertake development in the municipality;
h) Promote gender equity in the exercise of the municipality’s executive and legislative authority;
i) Promote a safe and healthy environment in the municipality; and
j) Contribute, together with other organs of state, to the progressive realization of the fundamental rights contained in Sections 24, 25, 26, 27 and 29 of the Constitution 1996
3. A municipality must in the exercise of its executive and legislative authority respect the rights of citizens and those of other persons protected by the Bill of Rights.
In terms section 155 (1) (a) of the Constitution 1996, ELM falls under category B.
In terms of Section 3(1) of the Systems Act municipalities must exercise their executive and legislative authority within the constitutional system of co-operative government envisaged in Section 41 of the Constitution.
This provision entails that a municipality must perform its duties as well as exercise its rights as a distinct sphere of government in compliance with the prescripts of co-operative governance as well as participate in inter-governmental forums with the provincial and national spheres of government.
Further, that a municipal administration must be guided, in this endeavor and as far as possible, by organized local government.
To this effect, in terms of Section 4, the council of a municipality has the following rights:
a) govern on its own initiative the local government affairs of
the community.
b) exercise its authority without improper interference
c) finance the affairs of the municipality by-
i) charging fees for services
ii) imposing surcharges on fees, rates on property and, to the extent authorized by national, other taxes, levies and duties.
Consequently, the same section provides that - within the financial and administrative capacity and having regard to practical considerations – a municipality has the following duty:
a) exercise its authority and use its resources in the best
interest of the local community
b) provide, without prejudice, democratic and accountable government
c) encourage the involvement of local communities
d) strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner.
I. Consult the local community on-
the level, quality, range and impact of municipal services,
II. available options for service delivery
e) Give members of the local community equitable access to municipal services to which they are entitled
f) Promote and undertake development in the municipality
g) Promote gender equality in the exercise of its authority
h) Promote a safe and healthy environment in the municipality
i) Contribute, together with other organs of state, to the progressive realization of fundamental rights contained in Sections 24, 25, 26, 27 and 29 of the Constitution 1996
This section also provides that in exercising its authority, a municipality must respect the rights of citizens and those of other persons protected by the Bill of Rights.
8.1.5 Developmental duties of municipal council
153. A municipal council must:
• Structure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and
• Participate in national and provincial development programmes.
8.1.6 Powers and Duties Of The Municipal Council In Respect Of Delegation Of Supply Chain Management
1. The Council of a municipality must delegate such additional powers and duties to the accounting officer so as to enable the accounting officer-
a) To discharge the supply chain management responsibilities conferred on accounting officer in terms of –
i) Chapter 8 or 10 of the Act; and
ii) The supply chain management policy of the municipality or municipality entity;
b) To maximize administrative and operational efficiency in the implementation of the supply chain management policy;
c) To enforce reasonable cost-effective measures for the prevention of fraud, corruption, favouritism and unfair and irregular practices in the implementation of the supply chain management policy; and
d) To comply with his or her responsibilities in terms of section 115 and other applicable provisions of the Act.
2. Sections 79 and 106 of the Act apply to the sub-delegation of powers and duties delegated to an accounting officer in terms of sub-regulation(1).
3. No municipal council or accounting officer may delegate or sub-delegate any supply chain management powers or duties-
a) in the case of a municipality-
i) to a person who is not an official of the municipality; or
ii) to a committee which is not exclu-composed of officials of the municipality; or
9. in the case of a municipality entity-
i) to a person who is not an official of the municipal entity; or
ii) to a committee which is not exclusively composed of officials of the municipal entity.
4. This regulation may not be read as permitting an official to whom the power to make final awards has been delegated, to make final awards has been delegated, to make a final award in a competitive bidding process otherwise than through the committee system provided for in regulation 26.
8.1.7 Sub-delegations
1) An accounting officer may in terms of section 79 or 106 of the Act sub-delegate any supply chain management powers and duties, including those delegated to the accounting officer in terms of regulation 4(1), but any such sub-delegation must be consistent with sub-regulation (2) and regulation 4.
2) The power to make a final award-
a) Above R 10 million (VAT included) may not be sub-delegated by an accounting officer;
b) Above R 2 million (VAT included), but not exceeding R 1O million( VAT included), may be sub-delegated but only to-
i) The chief financial officer;
ii) A senior manager; or
iii) A bid adjudication committee of which the chief financial officer or a senior manager is a member; or
c) Not exceeding R2 Million (VAT included) maybe sub-delegated but only to-
i) The chief financial officer;
ii) A senior manager;
iii) A manager directly accountable to the chief financial officer or senior manager; or
iv) A bid adjudication committee
3) An official or bid adjudication committee to which the power to make final awards has been sub-delegated in accordance with sub-regulation (2) must within five days of the end of each month submit to the official referred to in subsection (4) a written report containing particulars of each final awards made by such official or committee during that month, including-
a) The amount of the award;
b) The name of the person to whom the award was made; and
c) The reason why the award was made to that person.
4. A written report referred to in sub-regulation (3) must be submitted –
a) to the accounting officer, in the case of an award by-
i) the chief financial officer;
ii) a senior manage; or
iii) a bid adjudication committee of which the chief financial officer or a senior manager is member ; or
b) to the chief financial officer or the senior manager responsible for the relevant bid, in the case of an award by-
i) a manager referred to inn sub-regulation (2)(c )(iii); or
ii) a bid adjudication committee of which the chief financial officer or a senior manager is not a member.
5. sub-delegations (3) and (4) do not apply to procurements out of petty cash.
6. This regulation may not be interpreted as permitting an official to whom the power to make a final award in a competitive bidding process otherwise than through the committee system provided for in regulation 26.
7. no decision-making in terms of any supply chain management powers and duties maybe delegated to an advisor or consultant. (refer to government Gazette no.27636)
In order for effective service delivery the municipal council must:
(a) structure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and
(b) participate in national and provincial development programmes.
8.1.8 Term of Municipal Council
1. The term of a Municipal Council may be no more than five years, as determined by national legislation.
2. If a Municipal Council is dissolved in terms of national legislation, or when its term expires, an election must be held within 90 days of the date that Council was dissolved or its term expired.
3. A Municipal Council, other than a Council that has been dissolved following an intervention in terms of Section 139, remains competent to function from the time it is dissolved or its term expires, until the newly elected Council has been declared elected.
8.1.9 Powers and functions of municipalities
1. A municipality has the executive authority in respect of the constitution, and has the rights to administer-
a) The local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and
b) Any other matter assigned to it by national or provincial legislation.
2. A municipality may take and administer by-laws for the effective administration of the matters which it has the right to administer.
3. Subject to section 151(4), a by-law that conflicts with national or provincial legislation is invalid. If there is a conflict between a by-law and national or provincial legislation that is inoperative because of a conflict referred to in section 149, the by-law must be regarded as valid for as long as that legislation is inoperative.
4. The national government and provincial governments must assign to a municipality, by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 which necessarily relates to local government, if-
a) That matter would most effectively be administered locally; and
b) The municipality has the capacity to administer it.
5. A municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions.
Duties of Municipal administrations
A municipality’s administration is governed by the democratic values and principles embodied in Section 195(1) of the Constitution.
The administration of a municipality must:-
• Be responsive to the needs of the local community;
• Facilitate a culture of public service and accountability amongst staff;
• Take measures to prevent corruption
• Establish clear relationships and facilitate co-operation and communication between it and the local community
• Give members of the local community full and accurate information about the level and standard of municipal services they are entitled to receive; and
• Inform the local community how the municipality is managed, costs involved and the person/s in charge.
The above mentioned sections are confirmed by Section 195 (1) of the Constitution 1996 which seeks to enforce that
1. Public administration must be governed by the democratic values and principles enshrined in the Constitution 1996, including the following principles:
a) A high standard of professional ethics must be promoted and maintained;
b) Efficient, economic and effective use of resources must be promoted;
c) Public administration must be development-oriented;
d) Services must be provided impartially, fairly, equitably and without bias;
e) People’s needs must be responded to, and the public must be encouraged to participate in policy-making;
f) Public administration must be accountable;
g) Transparency must be fostered by providing the public with timely, accessible and accurate information;
h) Good human-resource management and career-development practices, to maximize human potential, must be cultivated;
i) Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation.
This is done in conjunction with Section 6 (1) and (2) of the Municipal Structures Act.
The following functions may not be delegated by a Municipal Council:
a) The passing of by-laws;
b) The passing of integrated development plan
c) The approval of budgets;
d) The imposition of rates and other taxes, levies and duties; and
e) The raising of loans.
8.2 Mayor
8.2.1 DELEGATIONS BY COUNCIL TO THE MAYOR
The Mayor is elected in terms of Section 54 and section 55 of the Municipal Structures Act.
The Mayor’s term in office is determines by Section 57 of the Municipal Structures Act which states that:
1. A Mayor-
(a) must be elected for a term ending, subject to Section 58, when the next council is declares elected; and
(b) may not serve as Mayor for more than two consecutive terms. When a person is elected to fill a vacancy in the office of the mayor, the period between that election and the next election of a Mayor is regarded as a term.
2. A Mayor whose two consecutive terms have expired, may not immediately after the expiry be elected as Mayor or deputy Mayor.
The mayor’s powers and functions are set out in Section 56 of the Municipal Structures Act which states that:
1. A Mayor is entitled to receive reports from committees of the municipal council and to forward these reports together with recommendations to the council when the matter cannot be disposed of by the executive mayor in terms of the executive mayor’s delegated powers.
2. The Mayor as the political head of a municipality is responsible for policy matters and outcomes which include seeking Municipal Council approval and adoption of the municipality’s budget.
The mayor must:
(a) identify the needs of the municipality;
(b) review and evaluate those needs in order of priority;
(c) recommend to the municipal council strategies, programmes and services to address priority needs through the integrated development plan, and the estimates of revenue and expenditure, taking into account any applicable national and provincial development plans; and
(d) recommend or determine the best way, including partnership and other approaches, to deliver those strategies, programmes and services to the maximum benefit of the community.
3. The mayor in performing the duties of office must-
a) identify and develop criteria in terms of which progress in the implementation of the strategies, programmes and services referred to in subsection (2)(c) can be evaluated, including key performance indicators which are specific to the municipality and common to local government in general;
b) evaluate progress against the key performance indicators;
c) review the performance of the municipality in order to improve-
(i) the economy, efficiency and effectiveness of the municipality;
(ii) the efficiency of credit control and revenue and debt collection services; and
iii) the implementation of the municipality’s by-laws
d) monitor the management of the municipality’s administration in accordance with the directions of the municipal council;
e) oversee the provision of services to communities in the municipality in a sustainable manner;
f) perform such duties and exercise such powers as the council may delegate to the executive mayor in terms of section 32;
g) annually report on the involvement of communities and community organisations in the affairs of the municipality; and
h) ensure that regard is given to public views and report on the effect of consultation on the decisions of the council.
4. A Mayor must perform a ceremonial role as the municipal council may determine.
5. A Mayor must report to the municipal council on all decisions taken.
6. The acting Mayor of a municipality exercises the powers and performs the duties of the mayor if the mayor is absent or not available or if the office of the mayor is vacant.
The mayor has an oversight role in terms of the Municipal Systems act and must exercise the supervisory authority given to him by section 99 of the Municipal Systems act which requires him/her to:
a) oversee and monitor-
(i) the implementation and enforcement of the municipality’s credit control and debt collection policy and any by-laws enacted in terms of section 98; and
(ii) the performance of the municipal manager in implementing the policy and any by-laws;
b) when necessary, evaluate or review the policy and any by-laws , or the implementation of the policy and any such by-laws, in order to improve efficiency of its credit control and debt collection mechanisms, processes and procedures; and
c) at such intervals as may be determined by the council report to a meeting of the council, except when the council itself performs the duties mentioned in paragraphs (a) and (b).
The mayor is to establish an executive committee to support him/her in implementing and completing his/her duties. Such committee is established in terms of Section 60 of the Municipal Structures Act which states that
1. If a municipal council has more than five (5) members, its mayor-
a) must appoint an executive committee from among the councillors to assist the mayor;
b) may delegate specific responsibilities to each member of the committee;
c) may delegate any of the mayor’s powers to the respective members; and
d) may dismiss a member of the mayoral committee.
2. The executive committee must consist of the mayor, Troika and as many councilors as may be necessary for effective and efficient government, provided that no more than 20 percent of the councilors or 10 councilors, whichever is the least, are appointed.
3. Those of the mayor’s powers and functions as may be designated by the municipal council, must be exercised and performed by the mayor together with the other members of the executive committee.
4. The members of the executive committee remain in office subject to subsection (5) and section 26, for the term of the mayor who appointed them.
5. f the mayor vacates office, the executive committee appointed by that mayor dissolves.
The executive committee plays an oversight role on the mayor, delegated powers and functions.
The council delegates certain executive powers and functions to the mayor with the aim for the mayor at a certain point in time delegate his executive powers and functions to a member to a member of the executive committee.
Certain delegations are restricted to the mayor, such delegations are:
a) four delegations
(i) the Premier of the province or, if the Premier is not available, any member of the provincial legislature designated by the Premier either generally or for any specific business before the National Council of Provinces; and
(ii) three other delegates; and
b) six permanent delegates appointed in terms of section 61 (2).
3. The Premier of a province, of if the Premier is not available, a member of the province’s delegation designated by the Premier, heads the delegation.
The Municipal Council delegates the powers as reflected in this document to the Mayor including the power to sub-delegate any of his or her powers to the executive committee, any other councilor or official in consultation with the relevant councilor’s party whip and any staff member in consultation with the Municipal Manager if the Municipal Manager is not such a staff member:
8.2.2 CIVIC AND CEREMONIAL DUTIES
The power to receive and interview representatives and delegations from international and national agencies, public interest group etc.
The power to represent the Council at meetings and functions.
The power to make media statements on all matters on behalf of the Municipality.
The power to perform the ceremonial duties at the opening of projects, civic functions and events, and new buildings.
The power to host and welcome dignitaries.
8.2.3 SUBMISSION OF REPORTS
The power to submit reports and recommendations in terms of Section 56 of the Municipal Structures Act to Council on matters reserved to the Council.
The power to submit reports and recommendations received from other committees to the Municipal Council, together with any comments and recommendation.
The power to submit reports and recommendations received from members of the executive committee (portfolio Councilors) to the municipal Council, together with any comments or recommendations.
The power to close meetings of the executive committee to the members of the public, including the media, in terms of Section 20 (3) of the Municipal Systems Act.
8.2.4 CORPORATE ENTITIES, UTILITIES, AGENCIES
The power to instruct the administration to investigate the establishment of a municipal entity as an alternative for the provision of a municipal service as envisaged in Chapter 8 A of the Systems Act.
The power to provide the official line of communication between the Municipality and its municipal entities, in terms of section 93(d) of the Municipal Systems Act;
The power to appoint, remove or recall a director of a municipal entity appointed or nominated by the Municipality, in accordance with section 93 E and G of the Systems Act;
The power to appoint and nominate to, or remove or recall municipal representatives from the board of any corporate entity, utility or agency in terms of an agreement or other legal instrument governing such appointment or nomination;
The power to convene a meeting of shareholders or another general meeting comprising the board of directors of a municipal entity and representatives of the Municipality, in order for the board to give account of its actions, in terms of Section 93(d) of the Municipal Systems Act;
The power to table the proposed budget of a municipal entity when the annual budget of the Municipality for the relevant financial year is tabled;
The power to determine the upper limits of the salaries, allowances and other benefits of the CEO and senior managers of municipal entities in terms of Section 89 of the MFMA;
8.2.5 INTEGRATED DEVELOPMENT PLAN (IDP)
The power to consult affected organs of state and to advise Council on methods of aligning the municipality’s planning, development plans and strategies with such affected organs of state;
The power to approve a process that will guide the Council in the planning, drafting, adoption and reviewing of an integrated development plan, as required in terms of Section 28 of the MSA;
8.2.6 PERFORMANCE MANAGEMENT OF THE MUNICIPAL MANAGER AND MANAGERS DIRECTLY ACCOUNTABLE TO HIM OR HER
The power to oversee and monitor the performance of the Municipal Manager in terms of Section 99(a)(i) of the Municipal Systems Act;
The power to enter into a performance agreement with the Municipal Manager on behalf of the Municipality, in terms of Section 57(3) of the Municipal Systems Act;
The power to review the performance of the Municipal Manager in accordance with the performance management system and policy of the Municipality;
The power to approve of key performance indicators and targets of the Municipal Manager and managers directly reporting to the Municipal manager;
The power to determine or alter the remuneration, benefits or conditions of service of the Municipal Manager and managers directly reporting to the Municipal Manager, in terms of applicable legislation;
The power to constitute evaluation panels for the purposes of evaluation of the annual performance of the municipal manager and managers directly accountable to him/her in terms of Regulation 27 of the Local Government: Municipal Performance Regulations for Municipal Managers and Managers directly accountable to municipal managers, 2006 (GN 805 of 1 August 2006);
The power to make public, no later than 14 days after the approval of the Municipality’s service delivery and budget implementation plan, the performance agreements of the municipal manager, senior managers and any other categories of officials as may be prescribed, and to submit copies of such performance agreements to the Council and to the MEC for local government in the Eastern Cape Province;
8.2.7 FINANCE
The power to table the annual budget of the Municipality at a Council meeting at least 90 days before the start of the budget year;
The power to co-ordinate the processes for preparing the annual budget and for reviewing the Municipality’s integrated development plan and budget-related policies to ensure that the tabled budget and any revisions of the integrated development plan and budget related policies are mutually consistent;
The power to apply to the MEC of the Eastern Cape Province of the extension of any time limit or deadline as provided in section 27(2) of the Act MFMA;
The power to provide general political guidance over the fiscal and financial affairs of the Municipality;
The power to monitor and, to the extent provided in the Act, to oversee the exercise of the responsibilities assigned in terms of the Act to the Accounting officer and the Chief Financial Officer, subject to the restrictions contained in paragraph (b) of section 52 of the Act;
The power to take all reasonable steps to ensure that the Municipal performs its constitutional and statutory functions with the limits of its approved budget;
The power to submit, within 30 days of the end of each quarter, a report on the implementation of the budget and the financial state of affairs of the Municipality;
The power to provide general political guidance over the budget process and the priorities that must guide the preparation of the budget;
The power to sign a resolution of the Municipal Council, as contemplated in paragraph (a) of subsection (2) of Section 45, for the purpose of the incurring of short-term debt by the Municipality;
The power to sign a resolution of the Municipal Council, as contemplated in paragraph (a) of subsection (2) of Section 46, for the purpose of the incurring of long-term debt by the Municipality;
The power to sign a resolution of the council, as contemplated in paragraph (b) of Section 50 read with Sections 45 (2)(a) and 46(2)(a) of the Act, for the purpose of a guarantee by the Municipality of a debt of a municipal entity under its sole control;
The power to report to provincial executive if conditions for provincial intervention exist as contemplated in Section 55 of the MFMA.
The Mayor of a municipal council may in terms of section 28 (4) of the MFMA table an adjustment budget in the municipal council, but an adjustment budget in terms of Section 2(b)-(g) may only be tabled within any prescribed limitations as to timing and frequency.
In terms of Section 29 (1) of the MFMA, the Mayor of ELM in an emergency or other exceptional circumstance authorize unforeseeable and unavoidable expenditure for which no provision was made in an approved budget.
In terms of Section 52 (a)-(e) of the MFMA the Mayor of a Municipality must:
a) provide general political guidance over the fiscal and financial affairs of the municipality;
b) in providing such general political guidance, may monitor and, to the extent provided in this Act, oversee the oversight of responsibilities assigned in terms of this Act to the accounting officer and the chief financial officer, and may not interfere in the exercise of those responsibilities;
c) must take all reasonable steps to ensure that the municipality performs in its constitutional statutory functions within the limits of the municipality’s approved budget;
d) must within 30 days of the end of each quarter, submit a report to council on the implementation of the budget and the financial state of affairs of the municipality; and
e) must exercise the other powers and perform the other duties assigned to the Mayor in terms of this Act or delegated by the council to the Mayor.
5.2.7.16 in respect of municipal entities, Section 56 of the MFMA states that:
1) the Mayor of a municipality which has sole or shared control over a municipal entity, must guide the municipality in exercising its rights and powers over the municipal entity in a way-
a) that would reasonably ensure that the municipal entity complies with this act and at all times remains accountable to the municipality; and
b) that would not impede the entity from performing its operational responsibilities
2) in guiding the municipality in the exercise of its rights and powers over a municipal entity in accordance with subsection (1), the Mayor may monitor the operational functions of the entity, but may not interfere in the performance of those functions.
8.2.8 GENERAL DELEGATIONS
The power to oversee and monitor the implementation of the strategic plan for ELM;
The power to recommend to Council the appointment of a Municipal Manager and when necessary the Acting Municipal Manager when the position of the Municipal Manager becomes vacant;
The power to appoint a manager directly accountable to the Municipal Manager in consultation with the Municipal Manager;
The power to take appropriate measures to ensure that any issues raised by the Auditor-General in an audit report are addressed by the Municipality;
The power to make a grant to an organization or institution to which the Municipality is lawfully empowered to make such grants, or which promotes or contributes to the purpose of duties of local government;
The power to accept conditional donations;
The power to approve any national or international travel of all members of the executive committee including the payment of travel and subsistence allowances;
The power to appoint the acting mayor, any Member of the executive committee and staff members in the political office, or Managers reporting directly to the Municipal Manager as official delegates or representatives at conferences, congresses, workshops, seminars, symposia, etc;
The power to enter into sisterhood/twinning agreements as part of the Municipality’s international relations;
The power to approve membership of any body, organization or institution on behalf of the Municipality;
The power to approve any system or project for any of the functions in the office of the Mayor;
The power to approve an annual events calendar for the Municipality;
The power to enter into any agreement with any organization or institution for a purpose for which the Municipality is legally empowered to contract, subject to section 33 of the MFMA;
The power in terms of Section 135 of the MFMA to seek the resolution of financial problems;
The power to undertake any development or project in the Municipality in respect of any functions of local government or in terms of any applicable legislation, subject to Section 33 of the MFMA;
The power to review and recommend to Council on the mechanism to provide municipal services in terms of Section 78 of the System Act;
The power to monitor the management of the Municipality’s administration in accordance with the policy directions of the Municipality;
The power to establish systems to revise the Municipality’s performance management system in terms of section 40 of the MSA;
The power to recover unauthorized, irregular or fruitless or wasteful expenditure from political office bearers, the Municipal Manager and managers directly accountable to the Municipal Manager and any former Councilors(s);
The power to designate a Councilor to fulfill the function of Mayor in the absence or unavailability of the Mayor;
The power to appoint members of the Civilian Oversight Committee, in terms of section 64 J the South African Police Services Act 68 of 1995;
The power to appoint statutory committees where this authority has not been reserved for Council, in terms of any legislation;
The power to declare a local state of disaster as contemplated in section 55 of the Disaster Management Act 57 of 2002;
The power to determine the appropriate policies that should be developed, to take steps for the development thereof and to recommend such policies to Council;
The power to determine appropriate by-laws that should be drafted, to take steps for the drafting thereof and to recommend such by-laws to Council;
The power to determine policy direction for the Municipal Manager as the head of the administration in terms of Section 55 of the MSA;
The power to determine the policy framework in terms of Section 66 of the MSA, in respect of staff establishment, job description, remuneration and other conditions of service and evaluation of staff establishment of the municipality;
The power to expropriate immovable property or rights in or to immovable property;
The power to ensure that all resolutions of the Executive Committee are duly executed
Notwithstanding the afore-going and without any limitation other than as may be imposed by the statute, the power to exercise the Executive Authority of Council as inter alia referred to in Section 11 of the Municipal Systems Act.
The Mayor may exercise all the powers delegated herein on his/her own subject
thereto that he will table a report at each subsequent Council on all resolutions so taken
for the ratification of such resolutions by the Council.
8.3 ACTING MAYOR
The Acting Mayor exercises the powers and performs the duties of the Mayor if the Mayor is absent or is not available or if the office of the Mayor is vacant.
Acting in terms of Section 59 of the Systems Act, Council hereby delegates the above powers to the acting Mayor including the power to sub-delegate any of his or her delegated powers; and the power to incur the necessary expenditure for the performance of the functions in the office of the Mayor within the approved budget.
8.4 CHIEF WHIP
The Chief Whip is a political office of the African National Congress in Council assigned to an elected member whose task is to administer the whippery system that ensures that members of the political party attend and vote as the party leadership desires.
The Chief Whip of the Majority Party is the most senior ANC Whip, upon whom rests the ultimate responsibility for the actions of all ANC Councillors. It is the task of the Chief Whip to ensure that all ANC Councillor’s perform their functions efficiently. The Chief Whip is the most senior party Council Office Bearer; is the political manager and strategist for ANC Caucus and acts as a communications link between ANC and the regional leadership. The Chief Whip acts on delegated authority from the REC and the Political Committee. In executing this mandate the Chief Whip delegates authority to other Whips and Members as the circumstances may determine.
The Chief Whip has the responsibility to ensure that there is effective political management; political guidance and political education to all ANC members. Central to the functions of the Chief Whip is to ensure that decisions of the ANC collective are adhered to and that Council programme is delivered according to the timetables agreed with the stakeholders.
As the Chief Whip of the Majority Party he has the overall responsibility to ensure that the business of Council is conducted and delivered efficiently. In this the Chief Whip works closely and in cooperation with the executive committee, caucus leaders and Whips of other Political Parties.
The Chief Whip is represented in all political structures and forums, such as Committees, inter-party forums and all Council and sub committees, by designated Whips or directly.
The Chief Whip is also responsible for party organisation, directing the activities of Caucus and individual members and is the accounting officer for Council and constituency ANC budget allocations.
In light of the Chief Whip`s responsibility to ensure that Councillor’s conduct themselves in a disciplined manner and perform their functions efficiently, the Chief Whip has the authority to take disciplinary action against ANC Councillors who do not act accordingly.
The Office of the Chief Whip is the central coordination point of all the activities of ANC in Council. All operational structures and the work of the individual Whips is directed and coordinated from this point. The Office of the Chief Whip consists of the Chief Whip of the Majority Party.
The Chief Whip delegates authority to the Acting Chief Whip for the execution of strategic and management decisions of caucus.
The Acting Chief Whip, by delegation, assists the Chief Whip with overseeing the day-to-day management functions of the whippery.
Council, Multiparty Chief Whips Forum, which met for its weekly meeting today, discussed at length the issue of discipline amongst Members of Council, particularly the conduct amongst Councillors in the sittings of the house and the extended public committee meetings that debate budget votes of departments.
The Forum, which is made up of chief whips from various political parties in parliament, viewed seriously the unacceptable levels of rowdiness, noise, vulgar language and disregard for the authority of Chief Whip during Council meetings.
Such conduct has lowered the quality of debate in Council, undermined the decorum of Council and has the potential to damage the standing of the institution in the eyes of the public. The chief whips agreed that robust and lively debates, which are the cornerstone of a democratic Council processes, should always be conducted civilly and orderly.
The chief whips have resolved to work both jointly and individually to swiftly confront this challenge head-on in the interest of preserving the image of Parliament.
8.3.1 OTHER DELEGATIONS:
The power to oversee the administration of the special programmes of the council focusing on the following:
i) youth development
ii) women
iii) children
iv) the elderly
v) poverty alleviation
To attend the executive committee and ensure the execution of resolutions impacting on any of the special programmes under his or her charge.
To ensure that all council policies and resolutions advance the developmental needs of the members of the special needs communities served under the special programmes of Council
Execute or perform any other functions as may be delegated from time to time by the Mayor or Council.
5.4 SPEAKER OF COUNCIL
The speaker is elected in terms of Section 36 of the Municipal Structures Act.
5.4.1 Election of Speakers
Each municipal council must have a chairperson who will be called the Speaker.
At its first sitting after its election, or when necessary to fill a vacancy, a municipal council must elect its speaker from among the councilors.
The municipal manager of the municipality or, if the municipal manager is not available, a person designated by the MEC for local government in the province, presides over the election of a speaker.
The procedure set out in Schedule 3 applies to the election of a speaker.
A councilor may not hold office as speaker and mayor or acting mayor at the same time, but in municipality of a type mentioned in Section 9(e) of (f) or 10(c) the speaker must be called the mayor.
The speaker’s term of office is determined in terms of Section 38 of the Municipal structures Act as the speaker of a municipal council is elected for a term ending, subject to Section 39, when the next council is declared elected.
The functions of the speaker are listed in Section 36 of the Municipal Structures Act which lists the functions of the speaker as:
1. The speaker of a municipal council-
a) presides at meetings of the council;
b) performs the duties and exercises the powers delegated to the speaker in terms of Section 32;
c) must ensure that the council meets at least quarterly;
d) must maintain order during meetings;
e) must ensure compliance in the council and council committees with the Code of Conduct set out in Schedule 5; and
f) must ensure that council meetings are conducted in accordance with the roles and orders of the council.
Council delegates the following powers to the Speaker including the power to sub-delegate any of his or her delegated powers, functions and duties:
The power to incur expenditure necessary for the performance of the functions in the office of the Speaker within the approved Budget;
The power to appoint an initiator to present a case against a Councilor for contravention of the Code of Conduct for Councilors at the disciplinary hearing and to undertake any investigation in connection therewith;
The power to preside at the meetings of the Council;
The power to ensure that the Council meets at least quarterly;
The power to enforce the standing roles of the Municipality and maintain order during meetings of Council;
The power to ensure compliance with the Code of Conduct for Councilors;
The power to ensure that the Council meetings are conducted in accordance with the Rules and Orders of the Council, and the enforcement thereof;
The duty to provide administrative support and administer for the well-being of all councilors who are not office bearers reporting to the Mayor;
The duty to ensure and administer the petitions and public participation process of the municipality;
The duty to ensure and co-ordinate the performance management and monitoring of the institution;
The duty to ensure that all council committees are duly attended and report on the oversight roles delegated to them;
The duty to ensure that the reports for council consideration are duly tabled in the agenda for consideration and resolution by council;
The duty to ensure that resolutions of the council are carried out;
The duty to chair the Rules Committee and consult with all party Whips on council business
The duty to ensure that the chief whip of council effectively and efficiently uses the whippery system of council as a political consultative tool;
The power to report the outcome of an investigation against a Councilor to the MEC for Local government;
The power to exercise her/his duties as the relevant Appeal Authority in terms of the Promotion of Access to Information Act 2 of 2002.
The power to ensure that all resolutions of council are executed.
The power to submit names of councilor representing council at organized local government and inter-governmental committees in consultation with the Mayor and the whippery and to provide such councilor with al resources to enable them to travel and attend such committee meetings.
8.5 MEMBERS OF THE EXECUTIVE COMMITTEE
Section 60 of the Municipal Systems Act contains a list of delegations which are specifically reserved for the members of the executive committee as:
1. If a municipal council has more than nine members, its Mayor-
a) must appoint an executive committee from among the councilors to assist the mayor;
b) may delegate specific responsibilities to each member of the committee;
c) may delegate any of the mayor’s powers to the respective members; and
d) may dismiss a member of the executive committee.
2. The executive committee must consist of the mayor, Troika and as many Councillors as may be necessary for effective and efficient government, provided that no more than 20 percent of the Councillors or ten (10) Councillors, whichever is the least, are appointed.
3. Those of the mayor’s powers and functions as may be designated by the Municipal Council must be exercised and performed by the mayor together with the other members of the executive committee.
4. The members of an executive committee remain in office subject to subsection (5) and section 26, for the term of the mayor who appointed them.
5. If the mayor vacates office, the executive committee appointed by that mayor dissolves.
The executive committee is established in terms of Section 60 of the Municipal Structures Act and its role is set out in Section 80 of the Municipal structures Act as:
1. If a municipal council has an executive committee or executive mayor, it may appoint in terms of Section 79, committees of Councillors to assist the executive committee or mayor.
2. Such committees may not in number exceed the number of members of the executive committee.
3. The executive committee or mayor-
(a) appoints a chairperson for each committee from the executive committee;
(b) may delegate any powers and duties of the executive committee or mayor to the committee;
(c) is not divested of the responsibility concerning the exercise of the power of the performance of the duty; and
(d) may vary or revoke any decision taken by a committee, subject to any vested rights.
4. Such a committee must report to the executive committee or mayor in accordance with the directions of the executive committee or mayor.
The powers assigned, by virtue of the Municipal Structures Act, to the Mayor may be delegated by the Mayor in terms of Section 60 (1)(c) of the Municipal Structures Act to a member of the executive committee.
8.5.1 CONDITIONS FOR THE DELEGATIONS:
In terms of Section 59 (2) of the Municipal Systems Act, a delegation must –
Be in writing;
Be subject to any limitation or condition that the Mayor may impose, and;
Does not divest the Mayor of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty;
The Mayor may confirm, vary or revoke any decision taken in consequence of the aforesaid delegation, but no such variation or provocation of a decision may detract from any rights that may have accrued as a result of the decision.
8.5.2 DELEGATION BY THE MAYOR TO MEMBERS OF THE EXECUTIVE COMMITTEE (PORTFOLIO COUNCILORS)
Acting in terms of Section 60 of the Systems Act, the Mayor hereby delegates the powers reflected in this document to the Members of the executive committee subject to any conditions that the Mayor may impose from time to time.
The delegation and powers assigned in the functional areas here under delegated to the Member of the executive committee to exercise together with members of the portfolio committee which they chair in fulfilling the functions of advising the Mayor as envisaged in Section 80 of the Structures Act.
The Member of the executive committee may exercise all the powers delegated under their portfolio on their own subject thereto that they will table a report to the subsequent portfolio committee meeting on all resolutions so taken for ratification of such resolutions by the portfolio committee.
8.5.3 FUNCTIONAL AREAS:
8.5.3.1 Budget and Treasury
The delegation and powers assigned in the Budget and Treasury Office here under delegated to the Member of the executive committee to exercise together with members of the portfolio committee which they chair in fulfilling the functions of advising the Mayor as envisaged in Section 80 of the Structures Act:
1. The power to submit reports and recommendations to the Budget and Treasury Committee on matters falling within its Terms of Reference;
2. The power to submit reports with recommendations to the Mayor/ Executive Committee;
3. The power to monitor the implementation of Council’s IDP, budget, business plan, strategic objectives, policies and programs and report herein to the Mayor;
4. The power to assess the performance of service delivery generally within the functional area of the Budget and Treasury committee and report to the Mayor; The power to identify the needs of the Municipality as far as it relates to the Budget and Treasury committee and to recommend the same to the Mayor;
5. The power to determine the best way, including other approaches to deliver on Council strategies, programs and services the best interest and maximum benefit of the Municipality and to recommend the same to the Mayor;
6. The power to ensure that during the deliberations of the committee regard is given to stakeholder views and report on the input/outcome of stakeholder consultation/participation processes to the Mayor;
7. The power to consult the Director, on behalf of the Mayor on the development of any policies and strategies of the Portfolio functions of the Directorate;
8. The power to consult the Director, on behalf of the Mayor, with regard to the development of any by-laws in respect of the Portfolio functions of the Directorate;
9. The power to consult the Director, on behalf of the Mayor, with regard to the preparations of the annual operating and capital budget for the Directorate;
10. The power to consult with the Director on the strategic planning process and ensure the development of key performance indicators and targets for the Directorate;
11. The power to consult the Director with regard to the development, implementation and review of projects and programs for Directorate;
12. The power to submit progress reports to the Mayor with regard to the implementation of the strategic plan of the Municipality.
13. The power to establish sub-committees and/or task teams to dispose of some of
the committees powers or make the necessary recommendations after duly considering matters referred to and/or delegated to the Committee.
14. The duty to attend meetings of organized local government structures
representative of the municipality and carry out the mandate given by the municipality at such meetings.
15. The duty to attend inter-governmental meetings as a representative of the
municipality and carry out the mandate given by the municipality at such meetings.
16. The duty to submit reports on activities and resolutions of the meetings of
organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
17. The duty to submit reports on activities and resolutions of the meetings of inter-
governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
8.5.3.2 Corporate Services
The Member of the executive committee may exercise all the powers delegated under their portfolio on their own subject thereto that they will table a report to the subsequent portfolio committee meeting on all resolutions so taken for ratification of such resolutions by the portfolio committee.
The Member of the executive committee responsible for the Corporate Services Portfolio has the power to exercise executive authority on all matters delegated to the Director: Corporate Services.
The delegation and powers assigned in the Corporate Services Directorate here under delegated to the Member of the executive committee to exercise together with members of the portfolio committee which they chair in fulfilling the functions of advising the Mayor as envisaged in Section 80 of the Structures Act:
1. The power to submit reports and recommendations to the Corporate Services Committee on matters falling within its Terms of Reference;
2. The power to submit reports with recommendations to the Mayor/ Executive Committee;
3. The power to monitor the implementation of Council’s IDP, budget, business plan, strategic objectives, policies and programs and report herein to the Mayor;
4. The power to assess the performance of service delivery generally within the functional area of the Corporate Services committee and report to the Mayor; The power to identify the needs of the Municipality as far as it relates to the Corporate Services committee and to recommend the same to the Mayor;
5. The power to determine the best way, including other approaches to deliver on Council strategies, programs and services the best interest and maximum benefit of the Municipality and to recommend the same to the Mayor;
6. The power to ensure that during the deliberations of the committee regard is given to stakeholder views and report on the input/outcome of stakeholder consultation/participation processes to the Mayor;
7. The power to consult the Director, on behalf of the Mayor on the development of any policies and strategies of the Portfolio functions of the Directorate;
8. The power to consult the Director, on behalf of the Mayor, with regard to the development of any by-laws in respect of the Portfolio functions of the Directorate;
9. The power to consult the Director, on behalf of the Mayor, with regard to the preparations of the annual operating and capital budget for the Directorate;
10. The power to consult with the Director on the strategic planning process and ensure the development of key performance indicators and targets for the Directorate;
11. The power to consult the Director with regard to the development, implementation and review of projects and programs for Directorate;
12. The power to submit progress reports to the Mayor with regard to the implementation of the strategic plan of the Municipality.
13. The power to establish sub-committees and/or task teams to dispose of some of the committees powers or make the necessary recommendations after duly considering matters referred to and/or delegated to the Committee.
14. The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
15. The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
16. The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
17. The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
8.5.3.3 Economic Development, Tourism and Agriculture
The Member of the executive committee may exercise all the powers delegated under their portfolio on their own subject thereto that they will table a report to the subsequent portfolio committee meeting on all resolutions so taken for ratification of such resolutions by the portfolio committee.
The Member of the executive committee responsible for the Economic Development Portfolio has the power to exercise executive authority on all matters delegated to the Director: Economic Development, Tourism and Agriculture.
The delegation and powers assigned in the Economic Development, Tourism and Agriculture Directorate here under delegated to the Member of the executive committee to exercise together with members of the portfolio committee which they chair in fulfilling the functions of advising the Mayor as envisaged in Section 80 of the Structures Act:
1. The power to submit reports and recommendations to the Economic Development Committee on matters falling within its Terms of Reference;
2. The power to submit reports with recommendations to the Mayor/ Executive Committee;
3. The power to monitor the implementation of Council’s IDP, budget, business plan, strategic objectives, policies and programs and report herein to the Mayor;
4. The power to assess the performance of service delivery generally within the functional area of the Economic Development committee and report to the Mayor; The power to identify the needs of the Municipality as far as it relates to the Economic Development committee and to recommend the same to the Mayor;
5. The power to determine the best way, including other approaches to deliver on Council strategies, programs and services the best interest and maximum benefit of the Municipality and to recommend the same to the Mayor;
6. The power to ensure that during the deliberations of the committee regard is given to stakeholder views and report on the input/outcome of stakeholder consultation/participation processes to the Mayor;
7. The power to consult the Director, on behalf of the Mayor on the development of any policies and strategies of the Portfolio functions of the Directorate;
8. The power to consult the Director, on behalf of the Mayor, with regard to the development of any by-laws in respect of the Portfolio functions of the Directorate;
9. The power to consult the Director, on behalf of the Mayor, with regard to the preparations of the annual operating and capital budget for the Directorate;
10. The power to consult with the Director on the strategic planning process and ensure the development of key performance indicators and targets for the Directorate;
11. The power to consult the Director with regard to the development, implementation and review of projects and programs for Directorate;
12. The power to submit progress reports to the Mayor with regard to the implementation of the strategic plan of the Municipality.
13. The power to establish sub-committees and/or task teams to dispose of some of the committees powers or make the necessary recommendations after duly considering matters referred to and/or delegated to the Committee.
14. The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
15. The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
16. The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
17. The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
8.5.3.4 Community Services
The Member of the executive committee may exercise all the powers delegated under their portfolio on their own subject thereto that they will table a report to the subsequent portfolio committee meeting on all resolutions so taken for ratification of such resolutions by the portfolio committee.
The Member of the executive committee responsible for the Community Services Portfolio has the power to exercise executive authority on all matters delegated to the Director: Community Services.
The delegation and powers assigned in the Community Services Directorate here under delegated to the Member of the executive committee to exercise together with members of the portfolio committee which they chair in fulfilling the functions of advising the Mayor as envisaged in Section 80 of the Structures Act:
1. The power to submit reports and recommendations to the Community Services Committee on matters falling within its Terms of Reference;
2. The power to submit reports with recommendations to the Mayor/ Executive Committee;
3. The power to monitor the implementation of Council’s IDP, budget, business plan, strategic objectives, policies and programs and report herein to the Mayor;
4. The power to assess the performance of service delivery generally within the functional area of the Community Services committee and report to the Mayor; The power to identify the needs of the Municipality as far as it relates to the Community Services committee and to recommend the same to the Mayor;
5. The power to determine the best way, including other approaches to deliver on Council strategies, programs and services the best interest and maximum benefit of the Municipality and to recommend the same to the Mayor;
6. The power to ensure that during the deliberations of the committee regard is given to stakeholder views and report on the input/outcome of stakeholder consultation/participation processes to the Mayor;
7. The power to consult the Director, on behalf of the Mayor on the development of any policies and strategies of the Portfolio functions of the Directorate;
8. The power to consult the Director, on behalf of the Mayor, with regard to the development of any by-laws in respect of the Portfolio functions of the Directorate;
9. The power to consult the Director, on behalf of the Mayor, with regard to the preparations of the annual operating and capital budget for the Directorate;
10. The power to consult with the Director on the strategic planning process and ensure the development of key performance indicators and targets for the Directorate;
11. The power to consult the Director with regard to the development, implementation and review of projects and programs for Directorate;
12. The power to submit progress reports to the Mayor with regard to the implementation of the strategic plan of the Municipality.
13. The power to establish sub-committees and/or task teams to dispose of some of the committees powers or make the necessary recommendations after duly considering matters referred to and/or delegated to the Committee.
14. The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
15. The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
16. The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
17. The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
8.5.3.5 Infrastructure Development and Human Settlements
The Member of the executive committee may exercise all the powers delegated under their portfolio on their own subject thereto that they will table a report to the subsequent portfolio committee meeting on all resolutions so taken for ratification of such resolutions by the portfolio committee.
The Member of the executive committee responsible for the Infrastructure Development Portfolio has the power to exercise executive authority on all matters delegated to the Director: Infrastructure Development and Human Settlements.
The delegation and powers assigned in the Infrastructure Development and Human Settlements Directorate here under delegated to the Member of the executive committee to exercise together with members of the portfolio committee which they chair in fulfilling the functions of advising the Mayor as envisaged in Section 80 of the Structures Act:
1. The power to submit reports and recommendations to the Infrastructure Development Committee on matters falling within its Terms of Reference;
2. The power to submit reports with recommendations to the Mayor/ Executive Committee;
3. The power to monitor the implementation of Council’s IDP, budget, business plan, strategic objectives, policies and programs and report herein to the Mayor;
4. The power to assess the performance of service delivery generally within the functional area of the Infrastructure Development committee and report to the Mayor; The power to identify the needs of the Municipality as far as it relates to the Infrastructure Development committee and to recommend the same to the Mayor;
5. The power to determine the best way, including other approaches to deliver on Council strategies, programs and services the best interest and maximum benefit of the Municipality and to recommend the same to the Mayor;
6. The power to ensure that during the deliberations of the committee regard is given to stakeholder views and report on the input/outcome of stakeholder consultation/participation processes to the Mayor;
7. The power to consult the Director, on behalf of the Mayor on the development of any policies and strategies of the Portfolio functions of the Directorate;
8. The power to consult the Director, on behalf of the Mayor, with regard to the development of any by-laws in respect of the Portfolio functions of the Directorate;
9. The power to consult the Director, on behalf of the Mayor, with regard to the preparations of the annual operating and capital budget for the Directorate;
10. The power to consult with the Director on the strategic planning process and ensure the development of key performance indicators and targets for the Directorate;
11. The power to consult the Director with regard to the development, implementation and review of projects and programs for Directorate;
12. The power to submit progress reports to the Mayor with regard to the implementation of the strategic plan of the Municipality.
13. The power to establish sub-committees and/or task teams to dispose of some of the committees powers or make the necessary recommendations after duly considering matters referred to and/or delegated to the Committee.
14. The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
15. The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
16. The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
17. The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
SECTION C
GENERAL DELEGATIONS ADMINISTRATIVE OFFICE BEARERS
6.1 MUNICIPAL MANAGER
1. The Municipal Manager is appointed in terms of Section 82 of the Municipal Structures Act, 117 of 1998, which states that:
“1. A municipal council must appoint-
(a) a municipal manager who is the head of administration and also the accounting officer for the municipality; and
(b) when necessary, an acting municipal manager”.
2. The Municipal Manager is, in terms of Section 51 (i) of the Municipal Systems Act, 32 of 2000 as amended, accountable for the overall performance of the administration of the municipality.
3. The Municipal Manager has a duty, in terms of Section 63 of the Municipal Systems Act, 32 of 2000, as amended and Section 82 of the Municipal Structures Act, 117 of 1998, to report to the delegating authorities, these sections states that:
"A political structure political office bearer, councillor or staff member of a municipality to whom a delegating authority has delegated or sub-delegated a power or duty, must report to the delegating authority at such intervals as the delegating authority may require, on decisions taken in terms of that delegated or sub-delegated power or duty since the last report.”
4. Section 54A of the Municipal Systems Act, 32 of 2000 as amended, also stipulates the appointment of the Municipal Manager:
5. As the accounting officer, the Municipal Manager must-
a) exercise the powers and functions assigned to an accounting officer in terms of the Act;
b) provide guidance and advise in compliance with the Act to-
i) the political structures, political office bearers and officials of the municipality; and
ii) any municipal entity under the sole or shared control of the municipality.
6. General financial management functions
Section 62, of the Municipal Finance Management Act,56 of 2003 prescribes the general financial management functions of the Municipal Manager:
“1. The accounting officer of a municipality is responsible for managing the financial administration of the municipality, and must for this purpose take all reasonable stem to ensure-
a) that the resources of the municipality are used effectively, efficiently and economically;
b) that full and proper records of the financial affairs of the municipality are kept 35 in accordance with any prescribed norms and standards;
c) that the municipality has and maintains effective, efficient and transparent systems-
(i) of financial and risk management and internal control; and
(ii) of internal audit operating in accordance with any prescribed norms and standards;
d) that unauthorised, irregular or fruitless and wasteful expenditure and other losses are prevented;
e) that disciplinary or, when appropriate, criminal proceedings are instituted against any official of the municipality who has allegedly committed an act of financial misconduct or an offence in terms of Chapter 15: and
f) that the municipality has and implements-
(i) a tariff policy referred to in section 74 of the Municipal Systems Act;
(ii) a rates policy as may be required in terms of any applicable national legislation;
iii) a credit control and debt collection policy referred to in section 96(b) of the Municipal Systems Act;
(iv) a supply chain management policy in accordance with Chapter II of the Municipal Systems Act.
(2) The accounting officer is responsible for and must account for all bank accounts of the municipality, including any bank account opened for-
(a) any relief, charitable, trust or other fund set up by the municipality in terms of section 12; or
(b) a purpose referred to in section 48(2)(d)”.
Section 65 – Expenditure Management
“In managing the expenditure of the municipality, the accounting officer:
(1) is responsible for the management of expenditure of the municipality.
(2) The accounting officer must for the purpose of subsection ( 1) take all reasonable steps to ensure-
a) that the municipality has and maintains an effective system of expenditure control, including procedures for the approval, authorisation, withdrawal and payment of funds;
b) that the municipality has and maintains a management, accounting and information system which-
(i) recognises expenditure when it is incurred:
(ii) accounts for creditors of the municipality; and
(iii) accounts for payments made by the municipality:
c) that the municipality has and maintains a system of internal control i n respect of creditors and payments;
d) that payments by the municipality are made-
(i) directly to the person to whom it is due unless agreed otherwise for reasons as may be prescribed; and
(ii) either electronically or by way of non-transferable cheques, provided that cash payments and payments by way of cash cheques may be made for exceptional reasons only, and only up to a prescribed limit;
e) that all money owing by the municipality be paid within 30 days of receiving the relevant invoice or statement, unless prescribed otherwise for certain categories of expenditure;
f) that the municipality complies with its tax. Levy. Duty, pension. medical aid, audit fees and other statutory commitments:
g) that any dispute concerning payments due by the municipality to another organ of state is disposed of in terms of legislation regulating disputes between organs of state;
h) that the municipality's available working capital is managed effectively and economically in terms of the prescribed cash management and investment framework:
i) that the municipality's supply chain management policy referred to in section 111 is implemented in a way that is fair, equitable. Transparent, competitive and cost-effective: and
j) that all financial accounts of the municipality are closed at the end of each month and reconciled with its records
Expenditure on staff benefits, the provisions of section 66 of the MFMA apply, this sections reads as follows:
The accounting officer of a municipality must, in a format and for periods as may be prescribed, report to the council on all expenditure incurred by the municipality on staff salaries, wages, allowances and benefits, and in a manner that discloses such expenditure per type of expenditure, namely-
(a) salaries and wages;
(b) contributions for pensions and medical aid:
(c) travel, motor car, accommodation, subsistence and other allowances:
(d) housing benefits and allowances;
(e) overtime payments:
(f) loans and advances; and
(g) any other type of benefit or allowance related to staff.
Section 69 – Budget implementation
In implementing the municipal budget, the accounting officer of the municipality is subject to the provisions of section 69 of the MFMA, which sections state:
(1) The accounting officer of a municipality is responsible for implementing the municipality's approved budget, including taking all reasonable steps to ensure-
(a) that the spending of funds is in accordance with the budget and is reduced as necessary when revenue is anticipated to be less than projected in the budget or in the service delivery and budget implementation plan: and
(b) that revenue and expenditure are properly monitored.
(2) When necessary, the accounting officer must prepare an adjustments budget and submit it to the mayor for consideration and tabling in the municipal council;
(3) The accounting officer must no later than 14 days after the approval of an annual budget submit to the mayor
(a) a draft service delivery and budget implementation plan for the budget year and
(b) drafts of the annual performance agreements as required in terms of section 57( 1 )(b) of the Municipal Systems Act for the municipal manager and all senior managers.
Section 70: Impending shortfalls, overspending and overdrafts
(1)The accounting officer of a municipality must report in writing to the municipal council-
(a) any impending-
(i) shortfalls in budgeted revenue; and
(ii) overspending of the municipality’s budget; and
(b) any steps taken to prevent or rectify such shortfalls or overspending.
(2) If a municipality’s bank account, or if the municipality has more than one bank account, the consolidated balance in those bank accounts, shows a net overdrawn position for a period exceeding a prescribed period, the accounting officer of the municipality must promptly notify the National Treasury in the prescribed format of-
(a) the amount by which the account or accounts are overdrawn;
( b ) the reasons for the overdrawn account or accounts; and
(c) the steps taken or to be taken to correct the matter.
(3) When determining the net overdrawn position for purposes of subsection (2). The accounting officer must exclude any amounts reserved or pledged for any specific purpose or encumbered in any other way.
Specific Delegation of powers and functions
The Council of the Emalahleni Municipality hereby authorises the Municipal Manager to delegate any of his statutory powers, functions and duties, as outlined above. Acting in terms of Section 59 (1) (a) of the Municipal Systems Act, 32 of 2000 as amended, Council hereby delegates the following specific powers to the Municipal Manager:
2. The power to manage the overall performance of the administration and ensure that the Municipality complies with the relevant legislation to which the municipality is subject.
3. The power to draft and finalise the Municipality's Performance Management System and to take all steps necessary to implement same;
4. The power to implement the Integrated Development Plan;
5. To appoint staff (other than a Manager directly accountable to the Municipal Manager);
6. The power to approve a staff structure;
7. The power to attach to staff posts appropriate remuneration and conditions of service (other than a Manager directly accountable to the Municipal Manager);
8. The power to maintain discipline and ensure sound labour relations amongst staff. Including inter alia the following specific powers:
a) The power to institute disciplinary proceedings;
b) To dismiss employees;
c) The power to impose any other appropriate sanction as may be allowed in terms of the relevant collective agreement;
d) The power to transfer staff;
e) The power to institute investigations in respect of allegations of misconduct or complaints against staff;
f) The power to retrench staff in terms of the Labour Relations Act;
g) The power to deal with any aspect of staff as may be required in order to fulfil the overall objective to ensure proper functioning and fulfilment of the objectives and responsibilities of the Municipality;
h) The power to suspend an employee subject to existing collective agreements.
9. The power to draft appropriate By-laws for submission to Council.
10. The power to prepare a draft budget for approval by Council
11. The power to authorize study bursaries for officials in accordance with a policy of the Council.
12. The power to approve, in accordance with Council policy, an application by an employee for the payment of a housing subsidy in respect of a dwelling unit.
13. The power to issue certificates of services in terms of the relevant Council policy.
14. The power to approve job descriptions prior to evaluation by the Bargaining Council for the Local Government undertaking.
15. The power to approve recommendations on negotiation for the acquisition or disposal of land or interests in land subject to Council Policy and/or any legislation.
16. The power to waive on behalf of Council its rights of reversion in favour of the mortgagor in the event of foreclosure or insolvency.
17. The power to approve the recommendation of the engagement of consultants including professional service providers who are on the Municipality’s panel to provide specific professional services;
18. The power to consider and approve submission and requests for the transfer of funds between capital projects in the capital budget in accordance with the Municipal Financial Management Act and applicable Policy;
19. The power to institute and defend any legal action on behalf of the Municipality;
20. The power to authorize all forensic investigations in relation to the alleged fraud, corruption or criminal activity, mal-administration and/or negligence on the part of any Municipal employee
21. The power to pursue, facilitate and/or represent the Municipality in respect of any appropriate disciplinary, criminal, civil and or related proceedings flowing from any forensic investigations referred to above
22. The power to enforce By-laws
23. The power to take all steps necessary to ensure that the financial and other resources of the Municipality are utilised effectively, efficiently and economically
24. The power to take all steps necessary to ensure that irregular expenditure, fruitless and wasteful expenditure are prevented;
25. The power to ensure that all revenue due to the Municipality is collected;
26. The power to invest funds in the best interest of the Municipality;
27. The power to establish and maintain a website;
28. The power to take all steps necessary to safeguard assets;
29. The power to sign contracts on behalf of the Municipality;
30. The power to open the Municipality’s bank account as contemplated in section 7, 8, and 10 of the MFMA.
31. The power to disburse funds and approve expenditure on behalf of the Municipality;
32. The power to implement all steps necessary to ensure that the Municipality complies with all the relevant provisions of the Occupational Health & Safety Act 85 of 1993;
33. The power to implement all steps necessary to ensure that the Municipality complies with all its obligations in terms of the Promotion of Access to Information Act, 2 of 2002
34. The power to implement and take all steps necessary in terms of the Municipality's Customer Care and Revenue Management By-law, including inter alia, the instructing of attorneys, instituting and defending actions and the instructing of any other form of collection agency which may be necessary to ensure compliance with same;
35. The power to take all steps necessary to comply with the Promotion of Administrative Justice Act,3 of 2000;
36. The power to ensure that all litigation processes of the municipality comply with the court rules and relevant legislation;
37. The power to take all steps necessary on behalf of the Municipality to comply with the National Credit Act, 34 of 2005;
38. The power to recommend to Council the appointment of a manager directly accountable to the Municipal Manager;
39. The power to recommend to the Mayor, any international travel of any employee, including the payment of travel and subsistence allowances;
40. The power to appoint any employee as official delegate or representative at conferences, congresses, workshops, seminars, symposia, etc;
41. The power to do all things necessary to implement policies and resolutions of Council and the Mayor, or otherwise protect the interests of the municipality, notwithstanding that such action may not specifically be referred to herein, subject to consultation with the Mayor, where possible, and to any statutory limitations or Council’s directives to the contrary;
42. The power to establish and implement the following systems in terms of the Supply chain Management Policy:
i) demand management
ii) acquisition management
iii) logistics management
iv) disposal management
v) risk management
vi) performance management;
43. The power to establish technical task teams or committees and furnish such teams with financial resources to execute specified special tasks on an ad ho basis.
SUPPLY CHAIN MANAGEMENT
44. Council delegates such additional powers and duties to the Municipal Manager so as to enable him-
a) To discharge the supply chain management responsibilities conferred on accounting officer in terms of –
i) Chapter 8 or 10 of the Act; and
ii) The supply chain management policy of the municipality;
b) To maximize administrative and operational efficiency in the implementation of the supply chain management policy;
c) To enforce reasonable cost-effective measures for the prevention of fraud, corruption, favouritism and unfair and irregular practices in the implementation of the supply chain management policy; and
d) To comply with the responsibilities in terms of section 115 and other applicable provisions of the Act.
45. The power to appoint Bid Committees for the discharge of the Supply Chain Management function;
46. Sections 79 and 106 of the Act apply to the sub-delegation of powers and duties delegated to an accounting officer in terms of sub-regulation(1) of the Supply Chain Management Regulations
47. The Accounting Officer may not delegate or sub-delegate any supply chain management powers or duties-
a) in the case of a municipality-
i) to a person who is not an official of the municipality; or
ii) to a committee which is not exclu-composed of officials of the municipality; or
SUB-DELEGATIONS
48. The Municipal Manager, may in terms of sections 79 and 106 of the Act, sub-delegate any supply chain management powers and duties, including those delegated to the accounting officer in terms of regulation 4(1), but any such sub-delegation must be consistent with sub-regulation (2) and regulation 4;
49. The power to make a final award-
a) Above R 10 million (VAT included) may not be sub-delegated by an accounting officer;
b) Above R 2 million (VAT included), but not exceeding R 1O million( VAT included), may be sub-delegated, but only to-
i) A bid adjudication committee of which the Chief Financial Officer or a senior manager is a member; or
c) Not exceeding R2 Million (VAT included) maybe sub-delegated but only to-
i) A bid adjudication committee
50. The bid adjudication committee to which the power to make final awards has been sub-delegated in accordance with sub-regulation (2) must within five days of the end of each month submit to the official referred to in subsection (4) a written report containing particulars of each final awards made by such official or committee during that month, including-
a) The amount of the award;
b) The name of the person to whom the award was made; and
c) The reason why the award was made to that person.
51. A written report referred to in sub-regulation (3) must be submitted to the accounting officer, in the case of an award by a bid adjudication committee of which the chief financial officer or a senior manager is member.
52. Sub-delegations (3) and (4) do not apply to procurements out of petty cash.
53. The Supply Chain Management regulation may not be interpreted as permitting an official to whom the power to make a final award in a competitive bidding process otherwise than through the committee system provided for in regulation 26.
54. No decision-making in terms of any supply chain management powers and duties maybe delegated to an advisor or consultant. (refer to government Gazette no.27636)
FINANCIAL DELEGATIONS UNDER THE MFMA
ACCOUNTABILITY
Accountability means giving explanations for any variance in the actual performance from the expectation set. The accounting officer maintains accountability at all levels. This means accountability cannot be delegated per say as it rest with the person who the delegated function fell upon prior to its delegation. However if that person gives a task to a person and ask such a person to ensure that the task is planned, undertaken and implemented to the satisfaction of required results and performance indicators, the responsibility will rests with that person so delegated. However the accountability rests with the person who delegated the said function.
The accounting officer in terms of s 79 of the MFMA cannot delegate his responsibility to any layer of the political sphere. If the Accounting officer does this his or her actions will be deemed to be negligent and he/she will be held liable for such actions.
The accounting officer is subject to a three pronged accountability test giving due consideration to:
i) Implementation and management, including review when occasioned, of system of delegation.
ii) The MFMA work output, results and performance with specific reference to placing the department and municipality respectively to deliver on its executive obligations.
iii) Delegating his/her powers and functions in terms of the MFMA to any political structure and or office bearer, and with respect to the PFMA to persons other than officials in the department or entity.
RESPONSIBILITY AND AUTHORITY
Responsibility is the duty of the person to complete the task assigned to him. A person who gives the responsibility should ensure that he or she accomplishes the tasks assigned to him. In the event that a given task is not completed, responsibility entails not giving excuses. Responsibility flows from the bottom up. Middle management segment and lower level management hold more responsibility.
Authority on the other hand is defined as the power and right of a person to use allocate resources efficiently, to make decisions and give orders so as to achieve the municipal objectives. Authority should be outlined within well defined parameters. The top level management segment has the most authority. It is envisaged that authority should be accompanied by equal amount of responsibility.
OTHER DELEGATIONS:
Shall perform any other functions as it may be delegated from time to time by the Mayor or Council.
GENERAL DELEGATIONS TO:
▪ CHIEF FINANCIAL OFFICER
▪ DIRECTOR IN THE OFFICE OF THE MUNICIPAL MANAGER
▪ DIRECTOR: CORPORATE SERVICES
▪ DIRECTOR: COMMUNITY SERVICES
▪ DIRECTOR: ECONOMIC DEVELOPMENT, TOURISM AND AGRICULTURE
▪ DIRECTOR: INFRASTRUCTURE DEVELOPMENT AND HUMAN SETTLEMENTS
The Municipal Manager has the following general delegations are informed by legislation, Council policies, duties, practice and by- laws; which delegation are herein delegated to the Chief Financial Officer and all Directors and may be sub-delegated in writing further to the lowest management levels to maximize administrative operational efficiency.
CORPORATE SERVICES
The Municipal Manager has the following powers which are hereby delegated to the Director: Corporate Services, which powers you may, from time to time, exercise in consultation with the Municipal Manager; and may be delegated in writing by the Director to the lowest management levels to maximize administrative operational efficiency:
1. The power to appoint personnel from the level of Managers and all lower graded positions in accordance with Council policy and approved organizational structure in consultation with the Municipal Manager.
2. The power to determine a higher salary level of new employees in consultation with the Municipal Manager and/or Director of the relevant Directorate.
3. The power to terminate, after proper notice, the services of a temporary employee in consultation with the Municipal Manager.
4. The power to authorize the appointment of students and unemployed graduates on a part-time basis in terms of Council’s approved policy in consultation with the Municipal Manager.
5. The power to enter into and sign apprenticeship, learnership or similar contracts in terms of any schemes which Council has approved, in respect of employees on behalf of Council.
6. The power to authorize the appointment of part-time employees in cases of emergency; seasonal requirements; for the duration of a strike and stay-away in accordance with the Councils’ policy in consultation with the Municipal Manager.
7. The power to authorize officials to act in the stead of officials who are legitimately absent or officials who have to fill vacancies temporarily on a higher level than their own in terms of Council policy and authorize the payment thereof.
8. The power to negotiate and finalize, subject to Council policy, the removal expenses and temporary accommodation costs to newly appointed staff residing outside the jurisdictional areas of the Municipality subject to applicable Council policy.
9. The power to authorize in accordance with Council policy, the payment of travelling and subsistence allowance of applicants for vacant Council positions.
10. The power to process applications for study bursaries for officials in accordance with Council Policy and make recommendations to the Municipal Manager.
11. The power to authorize refunds of subsistence and travelling costs actually incurred by officials in the course of their duties at the scale as provided for in the travel and subsistence policy of Council.
12. The power to recommend the approval of an organizational structure to the Municipal Manager.
13. The power to recommend the issuing of certificates of services in terms of the relevant Council policy.
14. The power to approve, in accordance with Council policy, an application by an employee for the payment of a housing subsidy in respect of a dwelling unit.
15. The power to make a request to a pension fund of which an employee is a member, subject to the Conditions of Service of Council and the roles of the relevant pension fund/provident fund, for a medical examination of that employee, where the employees’ health has deteriorated to such an extent that he/she is unable to fulfill the duties assigned to his/her post.
16. The power to approve training schemes consistent with an approved workplace skills plan, where applicable subject to Council policy.
17. The power to let, in consultation with the Municipal Manager, municipal offices, rooms at the tariffs, rental and conditions approved by Council.
18. The power to enter into all agreements necessary, in consultation with the Municipal Manager, for the installation of telephones and faxes for official purposes in premises owned or controlled by the Municipality and to agree to any application by a tenant of the Council to the installation of telephones and faxes in premises which he or she occupies.
19. The power to implement and maintain, subject to such written instructions that Council or the Municipal Manager may issue from time to time, a system of proper record and safe-keeping of all resolutions adopted by the Council, including resolutions adopted and/or decisions taken by the Executive Committee and all other committees of Council.
20. The power to prepare for approval by the Municipal Manager job descriptions prior to evaluation by the Bargaining Council for the Local Government undertaking.
21. The power to approve special paid leave for union activities in collaboration with the relevant Director in terms of Councils’ policy and Labour Relations Act imperatives.
22. The power to, in consultation with the Director of the relevant Directorate, determine whether an employee has successfully completed his/her probation.
23. The power to terminate an employees’ service due to pensionable age as determined by the regulations of the relevant pension fund.
24. The power to recommend approval of the use of Council property or goods, or the removal of such from the Council’s premises for performance of official duties to the Municipal Manager.
25. The power to determine, in consultation with the Municipal Manager, all the needs of internal directorates and provide the required support services or provisions to enable them to carry out their functions.
26. The power to develop an internal information and tele-communications system and implement same.
27. The power to render administrative support services by provisioning for the office of the Speaker.
28. The power to provide administrative support and provisioning services for Ward committees.
29. The power to provide administration and provisioning services for the petitions and public participation process of the municipality
GENERAL SUB-DELEGATIONS
30. The power to utilize an official in another capacity.
31. The power to withhold an official’s annual salary increment.
32. The power to accept an official’s written notice of termination of employment.
33. The power to instruct an official to temporarily report for duty outside his or her normal working hours.
34. The power to approve the vacation, sick and special leave of officials in your Directorate.
35. The power to cancel, postpone or interrupt an official’s leave of absence.
36. The power to approve leave of absence (vacation leave) without remuneration.
37. The power to refuse an application for sick leave, vacation and special leave.
38. The power to compel an official to take sick leave.
39. The power to approve maternity leave for female officials and paternity leave for male officials.
40. The power to approve study and examination leave in accordance with Council policies and applicable conditions of service.
41. The power to approve overtime.
42. The power to approve the notch increment and merit increments in accordance with approved Council policies.
43. The power to transfer an official to a post subject to Municipal policies.
44. The power to institute disciplinary proceedings in accordance with Municipal policies and conditions of service.
45. The power to authorize investigations into allegations of misconduct.
46. The power to, in consultation with Corporate Services, give mandates in respect of hearings, arbitrations and mediation.
47. The power to authorize the filling of vacancies in accordance with the applicable municipal policies.
48. The power to authorize the payment of relocation allowances subject to municipal policies and applicable conditions of service.
49. The power to handle grievances emanating from a Directorate in accordance with applicable Municipal policies and conditions of service.
50. The power to accept notice of resignation and the retraction thereof.
51. The power to approve the performance of standby duties and where applicable, the payment of stand-by allowance.
52. The power to instruct an official to submit a medical report.
53. The power to instruct an official within their directorate to submit a medical certificate and/or submit to a medical examination by a medical doctor who is in the employment of the municipality where such an official absents themselves for a period longer than three days and completes a sick leave form in accounting for such a period of absence
54. The power to authorize the medical examination of officials claiming damages from the Municipality arising from bodily injuries on duty.
FINANCIAL
55. The powers conferred to senior managers in terms of Section 79 of the Municipal Finance Management Act.
56. The power to authorize payment or cancellation of an acting allowance to officials from the levels below the Director in accordance with approved municipal policies.
57. The power to approve the payment or cancellation of payment of telephone, transport, and housing or cell phone allowance to employees in Directorate in accordance with approved municipal policies.
58. The power to approve requisitions and payments pertaining to the Directorate up to R30 000.00.
ENFORCEMENT OF STATUTORY OBLIGATIONS
59. The power to take all the necessary action to enforce statutory provisions.
60. The power to accept conditions imposed by statutory agencies.
61. The power to exercise all powers in terms of the by-laws falling within the ambit of the competencies of the Directorate, including the granting of any permission that may be required and the issuing of any notice in accordance with the by-laws whereby a person is summoned to comply.
62. The power to exercise all applicable powers in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), and the General Machinery Regulations.
63. The power to authenticate any order, notice or other document requiring authentication.
64. The power to ensure that the Municipality complies with all its obligations in terms of the Promotion of Access to information Act,2 of 2002, as well as the amendments thereto.
65. The power to process the recruitment process of permanent, contractual or temporary staff up to the level of Manager, in consultation with the Corporate Services, as well as make a recommendation to the Municipal Manager the appointment of staff so recruited.
66. The power to enter into overtime contracts with staff subject to the provisions of the Labour Relations Act and the Collective Agreement as well as the availability of funds.
67. Where an employee is required to work overtime in excess of the prescribed maximum hours then the directorate concerned must consult with the Corporate Services Directorate prior to authorizing any staff member to work such excess over time.
OFFICIAL VEHICLES
68. The power to approve the use of official vehicles of the Municipality outside the municipal area.
ATTENDANCE OF CONFERENCE, WORKSHOP AND SEMINAR
69. The power to approve the attendance of conferences, workshops, seminars, symposium or training sessions by employees (excluding international conferences, congresses, symposium, training sessions and visits), provided that the expenditure per individual application does not exceed R10 000.00 per occasion, and there is sufficient budget to cover accommodation and travelling costs.
REPORTS
70. The power to approve reports that are to be brought before the various committees of council, office bearers and any other functionary of the municipality authorized to receive such a report..
PROCUREMENT
71. The power to approve applications to initiate acquisition and disposal on budgeted and/or approved items as well as assets within a Directorate in accordance with the Supply Chain Policy of the Municipality.
72. The power to award bids not exceeding R10 million, as a member of the Bid Adjudication Committee.
PERFORMANCE MANAGEMENT
73. The power to enter into performance contracts with staff from Manager level and the power to assess the performance as well as recommend a performance reward or intervention in terms of the performance policy of the municipality
EMERGENCY AND DISASTER MANAGEMENT
74. The power to serve in the emergency and disaster management technical committee as well as authorize the directorate specific interventions required in terms of such considered emergencies and disasters in accordance with the prescribed adopted emergency and disaster management policy.
TECHNICAL TASK TEAMS
75. The power to serve on any technical task team as may be designated by the Municipal Manager
76. The power to execute resolution of the task team on which they have been designated to serve
ORGANISED LOCAL GOVERNMENT
77. The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
78. The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
79. The duty to implement organized local government resolutions after being duly adopted by council
INTER-GORVERNMENTAL RELATIONS
80. The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
81. The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of its implications to the municipality for consideration, adoption and/or implementation
82. The duty to implement resolutions taken as a result of due consideration of recommendations under an inter-governmental report.
FINANCIAL DELEGATIONS UNDER THE MFMA
ACCOUNTABILITY
83. Accountability means giving explanations for any variance in the actual performance from the expectation set. The accounting officer maintains accountability at all levels. This means accountability cannot be delegated per say as it rest with the person who the delegated function fell upon prior to its delegation. However if that person gives a task to a person and ask such a person to ensure that the task is planned, undertaken and implemented to the satisfaction of required results and performance indicators, the responsibility will rests with that person so delegated. However the accountability rests with the person who delegated the said function.
84. The accounting officer in terms of s 79 of the MFMA cannot delegate his responsibility to any layer of the political sphere. If the Accounting officer does this his or her actions will be deemed to be negligent and he/she will be held liable for such actions.
85. The accounting officer is subject to a three pronged accountability test giving due consideration to:
i) Implementation and management, including review when occasioned, of system of delegation.
ii) The MFMA work output, results and performance with specific reference to placing the department and municipality respectively to deliver on its executive obligations.
iii) Delegating his/her powers and functions in terms of the MFMA to any political structure and or office bearer,
RESPONSIBILITY AND AUTHORITY
Responsibility is the duty of the person to complete the task assigned to him. A person who gives the responsibility should ensure that he or she accomplishes the tasks assigned to him. In the event that a given task is not completed, responsibility entails not giving excuses. Responsibility flows from the bottom up. Middle management segment and lower level management hold more responsibility.
Authority on the other hand is defined as the power and right of a person to use allocate resources efficiently, to make decisions and give orders so as to achieve the municipal objectives. Authority should be outlined within well defined parameters. The top level management segment has the most authority. It is envisaged that responsibility should be accompanied by equal amount of responsibility.
DIRECTOR IN THE MM’s OFFICE
The Municipal Manager has the following powers which are hereby delegated to the Director in Office of the MM, which powers he/she may from time to time exercise in consultation with the Municipal Manager; and may be delegated in writing by the Chief Operating Officer to the lowest management levels to maximize administrative operational efficiency:
The power to draft and implement the Municipality's Performance Management System and to take all steps necessary to implement same.
The power to draft, and recommend, the Integrated Development Plan and to take all steps necessary to implement same.
The power to draft appropriate by-laws for submission to Council.
The power to enforce by-laws.
The power to establish and maintain a website for the Municipality.
The power to issue and/or make media statements on behalf of the Municipality; and/or to authorize a designate official to issue and/or make same.
The power to take all steps that may be necessary on behalf of the Municipality to comply with the provisions of the Promotion of Administrative Justice Act 3 of 2000.
The power to process the pursuance, facilitation and/or representation of the
Municipality in respect of any appropriate disciplinary, criminal, civil and or related
proceedings flowing from any forensic investigations.
The power to, subject to any relevant legislation and on approval by the Municipal
Manager, have access to, to copy and/or to seize any register, file, document, account, minutes and/or other records whether physical or electronic which may be a subject of a forensic investigation.
The power to have access and be able to question any Municipal employee as to his/her official activities, and if necessary, summon any employee, agent, contractor, supplier and/or service provider in such regard.
The power to process the institution or defending of claims and actions in the name of or against the Municipality as shall be approved by the Municipal Manager:
a) To, on behalf of the Municipality, accept payment, settle and do everything deemed necessary to finalize it in the best interest of the Municipality;
(b) to appoint attorneys and Counsel to institute oppose or defend claims and do everything deemed necessary to finalize a claim in the best interest of the municipality;
(c) to in the event that the defendant/ respondent are in default in respect of a claim, to apply and execute the judgment or Order of court; and
(d) to, at his or her discretion, deny, pay or settle any claim, action instituted against the Municipality.
The power to appear in court on behalf of the Municipality in terms of Rule 52(1)(b) of the Magistrate’s Court Roles promulgated in terms of the Magistrates’ Courts Act 1944 (Act 32 of 1944).
The power to obtain a legal opinion from the attorneys of the Municipality.
The power to instruct attorneys to enter appearance on behalf of the Municipality in
any matter instituted by or against the Municipality and to sign all necessary documents
for this purpose, and to authorize the briefing of advocates.
The power to instruct attorneys to collect any monies owed to the Municipality.
The power to appear before a notary to execute any document or to appoint any other person to appear before the notary on behalf of the Municipality
The power to appoint a person to serve legal documents.
The power to, after due consultation with and on theinstruction of the Municipal Manager, conduct any necessary action in any matter instituted by or against the Municipality, including the signature of the prescribed powers of attorney, affidavits and other documents in order to conduct the matter to its end.
The power to, after due consultation with and on the instruction of the Municipal Manager, institute or defend any legal action in a competent court in order to protect the interests of the Municipality.
The power to, after due consultation with and on the instruction of the Municipal Manager, conduct all necessary action, including the procurement of legal aid in a competent court to enforce all statutory provisions.
The power to, after due consultation with and on the instruction of the Municipal Manager, institute a claim against an insolvent estate or company in liquidation for monies owed to the Municipality.
The power to, after due consultation with and on the instruction of the Municipal Manager, appoint an external chair person in a disciplinary tribunal and disciplinary appeal tribunal.
The power to, after due consultation with and on the instruction of the Municipal Manager, appoint a prosecutor in a Disciplinary Tribunal and/or Disciplinary Appeal Tribunal.
The power to, after due consultation with and on the instruction of the Municipal Manager, appoint an external legal practitioner to represent the Municipality in mediations and arbitrations
The power to sign resolutions in matters before the High Court and Labour Court where the amount involved is less than R1.5 million after due consultation with the Municipal Manager.
The power to initiate research or carry out research on any matter affecting the policy, strategy or any function of council as may be resolved by any duly delegated official, political office bearer or functionary and advise or report back the outcome of such a report to the requesting party.
6.2 CHIEF FINANCIAL OFFICER
The Municipal Manager has the following powers which are hereby delegated to the Chief Financial Officer, which powers you may, from time to time, exercise in consultation with the Municipal Manager; and may be delegated in writing by the Director to the lowest management levels to maximize administrative and operational efficiency:
1. The power to prepare draft annual and adjustment budgets, including budget related policies or in terms of such budget related approved policies and in compliance to or with national policy, for approval by Council.
2. The power to take all steps necessary to ensure that the financial and other resources of the Municipality are utilised effectively, efficiently and economically.
3. The power to take all steps necessary to ensure that unauthorised, irregular, fruitless and wasteful expenditure and other losses are prevented but where such losses do occur, report and recommend to the municipality that action be taken to recover such financial losses as well as initiate the criminal prosecution of implicated parties.
4. The power to ensure that all revenue due to the Municipality is collected.
The power to invest funds on behalf of the Municipality in the best interest of the Municipality and in accordance with the Cash Management and Investment Policy of the Municipality and within the prescripts of regulations promulgated to regulate same.
5. The power to take all steps necessary to safeguard assets.The power to open the Municipality’s bank account as contemplated in Sections 7, 8, and 10 of the MFMA.
6. The power to disburse funds and approve expenditure for payment on behalf of the Municipality subject to such payments and expenditure being duly provided for in the approved budget of the Municipality.
7. The power to implement and take all steps necessary in terms of the Municipality's Customer Care and Revenue Management By-law, including inter alia, in consultation with the Director: Corporate Services institute and defending actions; and the instructing of any other form of collection agency which may be necessary to ensure compliance with same.
8. The power to take all steps that may be necessary on behalf of the Municipality to comply with the National Credit Act, 34 of 2005.
9. The power to take all steps that may be necessary on behalf of the Municipality to comply with the Municipal Property Rates Act 6 of 2004.
10. The power to effect payment on any accounts lawfully due by the Municipality and to authorise such officials as deemed necessary from time to time.
11. The power to disconnect or restrict electricity supplies and the supply of water to consumers where such consumers have failed to pay any sum due to the Municipality in terms of the relevant policies of Council and/or by-laws.
12. The power to arrange all appropriate insurance cover in respect of any asset which is deemed necessary and if it is in the best interest of the Municipality to insure such assets.
13. The power to take all the necessary steps to ensure that full and proper records of the financial affairs of the municipality in accordance with prescribed norms, standards and generally accepted financial practices.
14. The power to ensure that the municipality has adequate accounting and information systems to account for municipal assets and liabilities and that such system are properly maintained and/or updated.
15. The power to advise on the financial affordability and sustainability of the Municipal budget.
16. The power to ensure that all reports containing recommendations that have financial implication, tabled before any committee, office bearer or functionary of the municipality are first presented to the treasury for comment before resolving on such a recommendation.
17. The power to consider and approve submissions and requests for the transfer of funds within expenditure categories in the operating budget in accordance the approved municipal Financial Management Policy.
18. The power to consider and make recommendations for the approval of submission and requests for the transfer of funds between capital projects in the capital budget in accordance with the Municipal Financial Management Policy to the Municipal Manager. The power to ensure that all debt collection and other financial recovery litigation processes of the municipality comply with court rules and legislative provisions.
19. The power to facilitate bridge finance as well as act as the project financial administrator on all housing delivery processes of the municipality, which receive funding from other spheres of government or donor funding, in accordance with the funding agreements entered into with the municipality for the delivery of housing and in terms of any enabling legislation regulating such housing delivery processes.
20. The power to implement and ensure compliance with the provisions of the Supply Chain Policy.
21. The power to provide an emergency and disaster fund as well as formulate a policy for the procedures to access such funds in the event of envisaged emergencies and declared disasters
GENERAL SUB-DELEGATIONS
22. The power to utilize an official in another capacity.
23. The power to withhold an official’s annual salary increment.
24. The power to accept an official’s written notice of termination of employment.
25. The power to instruct an official to temporarily report for duty outside his or her normal working hours.
26. The power to approve the vacation, sick and special leave of officials in your Directorate.
27. The power to cancel, postpone or interrupt an official’s leave of absence.
28. The power to approve leave of absence (vacation leave) without remuneration.
29. The power to refuse an application for sick leave, vacation and special leave.
30. The power to compel an official to take sick leave.
31. The power to approve maternity leave for female officials and paternity leave for male officials.
32. The power to approve study and examination leave in accordance with Council policies and applicable conditions of service.
33. The power to approve overtime.
34. The power to approve the notch increment and merit increments in accordance with approved Council policies.
35. The power to transfer an official to a post subject to Municipal policies.
36. The power to institute disciplinary proceedings in accordance with Municipal policies and conditions of service.
37. The power to authorize investigations into allegations of misconduct.
38. The power to, in consultation with Corporate Services, give mandates in respect of hearings, arbitrations and mediation.
39. The power to authorize the filling of vacancies in accordance with the applicable municipal policies.
40. The power to authorize the payment of relocation allowances subject to municipal policies and applicable conditions of service.
41. The power to handle grievances emanating from a Directorate in accordance with applicable Municipal policies and conditions of service.
42. The power to accept notice of resignation and the retraction thereof.
43. The power to approve the performance of standby duties and where applicable, the payment of stand-by allowance.
44. The power to instruct an official to submit a medical report.
45. The power to instruct an official within their directorate to submit a medical certificate and/or submit to a medical examination by a medical doctor who is in the employment of the municipality where such an official absents themselves for a period longer than three days and completes a sick leave form in accounting for such a period of absence
46. The power to authorize the medical examination of officials claiming damages from the Municipality arising from bodily injuries on duty.
FINANCIAL
47. The powers conferred to senior managers in terms of Section 79 of the Municipal Finance Management Act.
48. The power to authorize payment or cancellation of an acting allowance to officials from the levels below the Director in accordance with approved municipal policies.
49. The power to approve the payment or cancellation of payment of telephone, transport, and housing or cell phone allowance to employees in Directorate in accordance with approved municipal policies.
50. The power to approve requisitions and payments pertaining to the Directorate up to R30 000.00.
ENFORCEMENT OF STATUTORY OBLIGATIONS
51. The power to take all the necessary action to enforce statutory provisions.
52. The power to accept conditions imposed by statutory agencies.
53. The power to exercise all powers in terms of the by-laws falling within the ambit of the competencies of the Directorate, including the granting of any permission that may be required and the issuing of any notice in accordance with the by-laws whereby a person is summoned to comply.
54. The power to exercise all applicable powers in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), and the General Machinery Regulations.
55. The power to authenticate any order, notice or other document requiring authentication.
56. The power to ensure that the Municipality complies with all its obligations in terms of the Promotion of Access to information Act,2 of 2002, as well as the amendments thereto.
57. The power to process the recruitment process of permanent, contractual or temporary staff up to the level of Manager, in consultation with the Corporate Services, as well as make a recommendation to the Municipal Manager the appointment of staff so recruited.
58. The power to enter into overtime contracts with staff subject to the provisions of the Labour Relations Act and the Collective Agreement as well as the availability of funds.
59. Where an employee is required to work overtime in excess of the prescribed maximum hours then the directorate concerned must consult with the Corporate Services Directorate prior to authorizing any staff member to work such excess over time.
OFFICIAL VEHICLES
60. The power to approve the use of official vehicles of the Municipality outside the municipal area.
ATTENDANCE OF CONFERENCE, WORKSHOP AND SEMINAR
61. The power to approve the attendance of conferences, workshops, seminars, symposium or training sessions by employees (excluding international conferences, congresses, symposium, training sessions and visits), provided that the expenditure per individual application does not exceed R10 000.00 per occasion, and there is sufficient budget to cover accommodation and travelling costs.
REPORTS
62. The power to approve reports that are to be brought before the various committees of council, office bearers and any other functionary of the municipality authorized to receive such a report..
PROCUREMENT
63. The power to approve applications to initiate acquisition and disposal on budgeted and/or approved items as well as assets within a Directorate in accordance with the Supply Chain Policy of the Municipality.
64. The power to chair the Bid Adjudication Committee and award bids not exceeding R10 million.
PERFORMANCE MANAGEMENT
65. The power to enter into performance contracts with staff from Manager level and the power to assess the performance as well as recommend a performance reward or intervention in terms of the performance policy of the municipality
EMERGENCY AND DISASTER MANAGEMENT
66. The power to serve in the emergency and disaster management technical committee as well as authorize the directorate specific interventions required in terms of such considered emergencies and disasters in accordance with the prescribed adopted emergency and disaster management policy.
TECHNICAL TASK TEAMS
67. The power to serve on any technical task team as may be designated by the Municipal Manager
68. The power to execute resolution of the task team on which they have been designated to serve
ORGANISED LOCAL GOVERNMENT
69. The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
70. The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
71. The duty to implement organized local government resolutions after being duly adopted by council
INTER-GORVERNMENTAL RELATIONS
72. The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
73. The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of its implications to the municipality for consideration, adoption and/or implementation
74. The duty to implement resolutions taken as a result of due consideration of recommendations under an inter-governmental report.
FINANCIAL DELEGATIONS UNDER THE MFMA
ACCOUNTABILITY
75. Accountability means giving explanations for any variance in the actual performance from the expectation set. The accounting officer maintains accountability at all levels. This means accountability cannot be delegated per say as it rest with the person who the delegated function fell upon prior to its delegation. However if that person gives a task to a person and ask such a person to ensure that the task is planned, undertaken and implemented to the satisfaction of required results and performance indicators, the responsibility will rests with that person so delegated. However the accountability rests with the person who delegated the said function.
76. The accounting officer in terms of s 79 of the MFMA cannot delegate his responsibility to any layer of the political sphere. If the Accounting officer does this his or her actions will be deemed to be negligent and he/she will be held liable for such actions.
77. The accounting officer is subject to a three pronged accountability test giving due consideration to:
i) Implementation and management, including review when occasioned, of system of delegation.
ii) The MFMA work output, results and performance with specific reference to placing the department and municipality respectively to deliver on its executive obligations.
78. iii) Delegating his/her powers and functions in terms of the MFMA to any political structure and or office bearer,
RESPONSIBILITY AND AUTHORITY
Responsibility is the duty of the person to complete the task assigned to him. A person who gives the responsibility should ensure that he or she accomplishes the tasks assigned to him. In the event that a given task is not completed, responsibility entails not giving excuses. Responsibility flows from the bottom up. Middle management segment and lower level management hold more responsibility.
Authority on the other hand is defined as the power and right of a person to use allocate resources efficiently, to make decisions and give orders so as to achieve the municipal objectives. Authority should be outlined within well-defined parameters. The top level management segment has the most authority. It is envisaged that responsibility should be accompanied by equal amount of responsibility.
DIRECTOR: INFRASTRUCTURE DEVELOPMENT & HUMAN SETTLEMENTS
The Municipal Manager has the following powers which are hereby delegated to the Director: Corporate Services, which powers you may, from time to time, exercise in consultation with the Municipal Manager; and may be delegated in writing by the Director to the lowest management levels to maximize administrative operational efficiency:
1. The power to, subject to the issue of necessary statutory notices and in liaison with Director: Community Services, authorize minor traffic engineering works including the laying out of temporary traffic islands and loose curbing for traffic channel schemes, the closing off or deviation of road intersections and the erection of temporary traffic signal installations for traffic control.
2. The power to issue orders to demolish unauthorized work; repair or demolish dilapidated buildings or fences; cease unauthorized use of premises subject to provisions of relevant legislations.
3. The power to ensure the provision and maintenance of sanitation system with regard to:
a) the extension and maintenance of existing sewer reticulation system;
b) the treatment of all industrial and domestic sewage to environmentally accepted standards as set out by DWAF; and
c) the establishment of sewerage service charges.
4. The power to ensure the provision and maintenance of water system with regard to:
a) extension and maintenance of existing water reticulation system;
b) control of water resources in catchments areas;
c) the treatment of raw water to portable water
standards as set out by DWAF;
(d) the establishment of water service charges;
(e) liaison with water irrigation boards;
(f) the preparation and monitoring of Water Services Development Plan;
a) to advise on water shortages and need for restrictions.
5. The power to lend out or hire out at cost Municipal equipment at a cost recovery tariff, provided that no loss or expenses will devolve upon Council and the necessary indemnity (against loss or expenses) and insurance is taken by the borrower.
6. The power to hire vehicles, plant and equipment in accordance with existing Council policy.
7. The power to purchase automotive components and materials by means of direct purchase orders, subject to the Supply Chain Management Policy and to limitations as approved by the Council from time to time.
8. The power to establish or disestablish or to effect adjustments to the layout of on-street and off-street parking facilities including parking bays, parking meters and time restrictions subject to the National Road Traffic Act 93 of 1996.
9. The power to establish or disestablish or to effect adjustments to regulatory, warning and directional signage with the accompanying road markings subject to the National Road Traffic Act 93 of 1996.
10. The power to, subject to the issue of the necessary statutory notices and notification to the Community Services Directorate:
(a) declare, on a temporary basis, one- way directional flows or other restrictions on traffic movements in streets as may be considered desirable for experimental purposes or otherwise, for purposes of traffic control;
(b) to erect directional road signposts in regard to temporary works.
11. The power to establish or disestablish or effect adjustments to public transport facilities or routes.
12. The power to recommend the establishment or disestablishment of:
a) loading Zones;
b) one – way streets;
c) speed limits;
d) toll parking areas.
13. The power to carry out maintenance of Roads and Stormwater Systems.
The power to maintain civil engineering standards for services to be used by consultant and contractors.
14. The power to grant way leaves and servitudes in respect of public utility services.
15. The power to hire vehicles, plant and equipment in accordance with existing Councils’ Supply Chain Management Policy
16. The power to negotiate and conclude arrangements for the supply of electricity to developments, sites required for electricity substations and approve rentals from time to time as the need arises.
17. The power to approve connections to rural as well as urban consumers.
18. The power to negotiate servitudes for overhead and underground electricity feeders on state land.
19. The power to authorize the extension of electricity mains on conditions laid down by the Council.
20. The power to approve the positioning, standards and installation of streetlights.
21. The power to exercise on behalf of Council authority to reduce load for demand side management purposes.
22. The power to enter into agreements with third parties to supply electricity to Council where no infrastructure is available in liaison with Eskom.
23. The power to investigate and recommend the implementation of renewable and sustainable ways of energy provision in the municipal area.
24. The power to authorize the closure of public places and roads in terms of Section 137 of Ordinance 20 of 1974 incidental to an approved land transaction and to permit the closed public place or road to revert in the title of the original owner provided no objections to the closure having been received.
25. The power to negotiate on behalf of the Council for compensation in respect of statutory servitudes for Municipal services.
26. The power to appoint consulting town planners from the Register of Consultants in line with Council policy.
27. The power to consider applications for grant way-leaves and servitudes, in respect of Public Utility Services in public streets
28. The power to authorize the endorsement of powers of attorney relating to subdivisions and applications for title deeds.
29. The power to authorize the payment of all transfer and survey costs where such costs are due by Council.
30. The power to repossess erven sold by the Council in terms of the conditions of sale.
31. The power to approve applications for the incorporation of sanitary lanes which have already been officially closed.
32. The power to negotiate for the acquisition or disposal of land or interests in land and make recommendations to the Municipal Manager subject to Council Policy and/or any legislation
33. The power to carry out expropriation proceedings after the Council has authorized the institution of such proceedings.
34. The power to make recommendation to the Municipal Manager for the appointment of valuers from the list of valuers approved by the Council to value land and buildings to be acquired/sold by the Council.
35. The power to recommend the letting of residential property to the Council’s best advantage at rentals approved by the Council and in line with Council policies.
36. The power to authorise the serving of statutory notices on the tenants of Council owned properties.
37. The power to authorize to give notice to vacate occupied properties, which properties are required for the development of housing schemes or for undertaking any town planning improvement scheme or other public work; and, in the event of the tenants failing to comply with any such notice, the power to recommend for legal proceedings to be instituted for their ejectment from the property.
38. The power to, in writing, approve voluntary cancellations of land sales subject to Council Policy.
39. The power to recommend to the Municipal Manager the granting to land purchasers of extensions of time in which to develop the land in accordance with the requirements of the deed of sale or such conditions as he/she considers necessary, subject to Council Policy.
40. The power recommend to the Municipal Manager the approval to waive, on behalf of Council, its rights of reversion in favor of the mortgagor in the event of foreclosure or insolvency.
41. The power to issue permits for any work in the road reserves.
42. The power to take appropriate action in terms of the conditions of sale where such conditions have not been complied with by the Purchaser.
43. The power to consider applications for amendments to the names of purchasers of sites subject to Council policy.
44. The power to issue valuation certificates of market value for endowment purposes.
45. The power to assess Provincial and Municipal endowments payable in respect of all approved subdivisions in accordance with the Premier’s standard endowment schedules and to recommend for such waiver or reduction of such endowments where the circumstances prescribed by the Premier apply.
46. The power to authorize amendments to general plans as required by the Surveyor-General provided the amendments arise from the closure of a public road or place and the Committee has authorized such closure.
47. The power to approve adjustments to erf boundaries in terms of the Land Use Planning Ordinance No. 15 of 1985.
48. The power to approve applications under the Sectional Titles Act No. 66 of 1971.
49. The power to approve applications for the substitution of mortgagors in terms of any relevant applicable legislation.
50. The power to recommend the approval or refusal of an application for the Council's Special Consent required in terms of the Zoning Schemes of Council and subject to Council policy.
51. The power to recommend or refuse applications for Zoning Schemes departures.
52. The power to renew, resuscitate and transfer Town Planning Departures from one user to another, only in respect of the same premises in line with Council Policy and applicable legislation.
53. The power to appoint consultants rendering town planning and/or related specialist services subject to Council policy.
54. The power to allocate reserved sites within schemes to approved Municipal undertakings.
55. The power to authorize the temporary use of Council land.
56. The power to certify that there has been compliance with conditions of subdivision.
57. The power to serve an instruction on a property owner to rectify a building which fails to comply with the provisions of a Zoning Scheme or conditions of subdivision.
58. The power to issue authorities in terms of Section 41 of the Land Use Planning Ordinance No. 15 of 1985.
65. The power to grant or refuse approval to erect buildings.
66. The power to extend the period within which building work must be commenced or proceeded with.
67. The power to grant provisional authorization to an applicant to commence or proceed with the erection of a building.
68. The power to prohibit the erection of a building or worse work, which in the opinion of the person exercising the delegated power is being or is to be erected in such manner that it-
(a) will not be in the interest of good health or hygiene;
(b) will be unsightly or objectionable;
(c) will probably or in fact be a nuisance to the occupiers of
adjoining or neighboring properties;
e) will probably or in fact derogate from the value of adjoining or erected on a site which is subject to flooding or on a site which or any portion of which in the opinion of the municipality does not drain properly or is filled up or covered with refuse or material impregnated with matter liable to decomposition.
69. The power to order the owner of a building to resume and to complete the erection of the building within a specified time.
70. The power to extend the time periods (as contemplated in Section 11 (1) of the Act).
71. The power to order the demolition and clearing of a site if notices have not been complied with, and in the opinion of the person exercising the delegated authority the building is dangerous to life or property or derogates from the value of adjoining or neighboring properties.
72. The power to demolish and remove the material of which a building consists of in the event of a failure to comply with a Section 11 (3) notice.
73. The power to determine whether a building is dilapidated or in a state of disrepair or if a building or the land or earthworks in question is dangerous to life or property, and also the power to order demolition or securing of the property within a specified period.
74. The power to order the owner of a building, land or with works, which is dangerous to life or property, and to instruct an Architect or Registered person to investigate the condition.
75. The power to order that any activities be stopped or prohibit the performance of any activities which may increase the danger or hinder or obstruct the Architect or Registered person from investigating the condition.
76. The power to require such Architect or Registered person to submit evidence of his or her competence to carry out such duties.
77. The power to require the owner to appoint a competent Architect /Registered person.
78. The power to order the owner to remove any person from a building within a specified time if the person exercising the delegated power deems it necessary for the safety of such person.
79. The power to order the removal of any person from a building within the specified time, if the person exercising the delegated authority deems it necessary for the safety of such person.
80. The power to grant permission for the re-occupation of a building
81. The power to issue a certificate of occupancy.
82. The power to issue temporary certificates of occupancy subject to conditions.
83. The power to grant an exemption from any applicable National Building Regulations, excluding regulations relating to strength and the stability of buildings.
84. The power to approve reasonable extensions of time within which to comply with the Council’s requirements in respect of by-laws which are contravened or reasonable extensions of the validity period of approved plans as laid down in Building By-laws.
85. The power to serve notices on persons occupying dangerous buildings requiring them to cease the use or occupation thereof until such buildings have been secured, repaired or altered to the satisfaction of the municipality.
86. The power to administer and enforce on behalf of the Council the relevant provisions of the National Building Regulations and Building Standards Act (103 of 1977) and the power to institute prosecutions whenever considered necessary.
87. The power to approve reasonable extensions of time within which to comply with the Council’s requirements in respect of the Building Regulations and Building Standards Act, and other by-laws which are contravened or the power to authorize reasonable extensions of the validity period of approved plans as laid down in the Act subject in all cases to a maximum of twelve months in respect of any particular applicant.
88. The power to approve the service of notices on persons occupying dangerous buildings requiring them to cease the use or occupation thereof until such buildings have been secured, repaired or altered to the satisfaction of the Executive Director: Housing and Land.
89. The power to approve or disapprove applications in terms of the National Building Regulations for the demolition of buildings and subject to the requirements of the National Heritage Resources Act 25 of 1999 or related legislation.
90. The power to issue orders to demolish unauthorized work, provided that in the event of the person concerned failing to comply with the order served upon him or her, the Executive Director: Infrastructure and Engineering shall not demolish any such work without first having obtained the authority of the appropriate forum in consultation with the Director: Legal Services.
91. The power to repair or demolish dilapidated buildings or fences.
92. The power to stop unauthorized use of premises.
93. The power to install drainage.
94. The power to approve plans which comply with the Building Regulations and Building Standards Act, Municipal Building By-Law, Water Supply By-law and the Zoning Schemes.
95. The power to approve or disapprove building plans in terms of the National Building Regulations and Building Standards Act (103 of 1977), and the zoning schemes.
96. The power to administer and enforce on behalf of the Council the relevant provisions of the Advertising By-law and the power to institute prosecutions whenever considered necessary.
97. The power to approve or disapprove advertising sign applications in terms of the Advertising By-Law.
98. The power to approve an order for the removal of unauthorized advertising sign.
99. The power to approve the erection of temporary structures on non-residential even in less formal townships established in terms of the Less Formal Townships Establishment Act, 1991, and in subdivisions for informal housing established in terms of the Land Use Planning Ordinance, 1985.
100. The power to classify structures on residential erven in subdivisions for informal housing established in terms of the Land Use Planning Ordinance, 1985 as minor building works in terms of Section 13(1) of the National Building Regulations and Building Standards Act, 1977, and to exempt them from the building plan submission process.
101. The power to take such decisions as may be necessary from time to time, as a matter of urgency, on matters affecting housing schemes approved by the Council and arising out of the following, provided any amendments made do not materially affect or modify in any essential respect the basic elements or layout of such schemes as approved by the Council and which involve consequential adjustments to the detailed estimates of the schemes within the total approved estimates:
(a) amendments to plans and specifications of dwellings;
(b) amendments to the layout plans of housing schemes including the layout of services
(c) relocation of dwellings on residential sites within housing schemes necessitated by adverse subsoil conditions or by other unforeseen circumstances, provided the number of each type of dwelling remains
102. The power to authorize the summary demolition of unoccupied illegal shacks.
103. The power to recommend in terms of Council’s Investment Initiative Policy, when a prospective developer qualifies for a rezoning and/or building plan rebate.
104. The power to consent to the erection of buildings, or the execution of works required for or incidental to the purpose for which the land is zoned Transportation .
105. The power to permit at Council’s pleasure the practice of a profession or occupation from home, subject to the conditions contained in the Zoning Scheme.
106. The power to consent to the erection of a second dwelling, subject to the conditions set out in the Zoning Scheme.
107. The power to decide and give notice which is the predominant use of a building subject to the Zoning Scheme.
108. The power to grant Special Consent for a use that requires Special Consent in terms of the Zoning Scheme subject to the conditions contained therein.
109. The power to consent to the erection of a structure closer to the boundary than the specified distance, in accordance with the other conditions therein.
110. The power to approve subdivisions of land subject to the conditions contained in the Zoning Scheme.
111. The power to approve or disapprove the particulars of a building intended to be erected in any Use Zone other than Residential 4, subject to the conditions set out in the Zoning Scheme.
112. The power to consider and approve or refuse an outline site development plan for an erf in the Use Zone Residential 2 or Residential 3, or at the discretion of the Executive Director: Housing and Land, for a proposed development of any kind in any other Use Zone, subject to conditions set out in the Zoning Scheme.
113. The power to ensure that a parking area be maintained and, marked out if it is necessary, in the opinion of the party exercising the delegated power.
114. The power to require more than one vehicle entrance and exit to a particular parking area or parking garage if necessary, in consultation with the Executive Director: Infrastructure and Engineering.
115. The power to grant purchasers of houses in Council Schemes, which were erected with housing subsidy monies, permission to let such properties for periods not exceeding twelve months, subject to any approval which may be required from the relevant State Department.
116. The power to approve the voluntary cancellation of sales of dwellings and the substitution of purchasers of dwellings in accordance with the policy of the Council and the relevant State Department.
117. The power to approve or refuse applications for the hire of dwelling units owned by the Council.
118. The power to sign on behalf of the Council all tenancy agreements in respect of the Council’s housing schemes.
119. The power to agree to the sale of dwellings in accordance with the policy of the Council and the appropriate State Department where the price and conditions of sale have been approved.
120. The power to grant or refuse applications from tenants of the Council’s housing schemes for the lease of garage premises in such schemes.
121. The power to develop social housing units in municipal township establishments for the provision of rental accommodation and affordable housing
122. The power to take all necessary action to comply with a condition imposed upon the approval of a Township or administration thereof after approval, including matters related to engineering services and engineering services agreements, in terms of the Less Formal Township Establishment Act.
123. The power to provide comments on township establishment applications in terms of the Act.
124. The power to provide the applicant with comments on an application pursuant to Section 8 (1) of the Act.
125. The power to provide clearance to any authority administering the said Act with regard to the provision and installation of engineering services.
126. The power to consent or not to consent, to the amendment or suspension of conditions pursuant to section 3(3).
127. The power to take all necessary action to ensure that Council fulfills its obligations in terms of the Act, and subject further Council policies.
128. The power to consider all applications made in terms of the following Act as amended, unless the delegation has been specifically excluded.
129. The power to issue a certificate for condonation.
130. The power to authorize the Chief Land Surveyor to sign agreements dealing with beacons and boundaries and the power to endorse survey diagrams and general plans as required in terms of Section 23(1) of the Land Use Planning Ordinance No. 15 of 1985.
131. The power to appoint land surveyors as and when necessary for any approved project or purpose, provided the necessary financial provision has been made on the Budget
132. The power to allocate and, where necessary to reallocate numbers to properties abutting on streets and public places.
133. The power to comment on rule nisi applications to the High Court for the expungement of minor title deed restrictions.
138. The power to examine and frame recommendations to the Premier in respect of all applications under the Removal of Restrictive Conditions Act Number 84 of 1967, provided that this delegation shall apply only to cases comply in all respects with the Council’s Zoning Scheme and provided further that: no objections to the relevant applications have been received;
GENERAL SUB-DELEGATIONS
86. The power to utilize an official in another capacity.
87. The power to withhold an official’s annual salary increment.
88. The power to accept an official’s written notice of termination of employment.
89. The power to instruct an official to temporarily report for duty outside his or her normal working hours.
90. The power to approve the vacation, sick and special leave of officials in your Directorate.
91. The power to cancel, postpone or interrupt an official’s leave of absence.
92. The power to approve leave of absence (vacation leave) without remuneration.
93. The power to refuse an application for sick leave, vacation and special leave.
94. The power to compel an official to take sick leave.
95. The power to approve maternity leave for female officials and paternity leave for male officials.
96. The power to approve study and examination leave in accordance with Council policies and applicable conditions of service.
97. The power to approve overtime.
98. The power to approve the notch increment and merit increments in accordance with approved Council policies.
99. The power to transfer an official to a post subject to Municipal policies.
100. The power to institute disciplinary proceedings in accordance with Municipal policies and conditions of service.
101. The power to authorize investigations into allegations of misconduct.
102. The power to, in consultation with Corporate Services, give mandates in respect of hearings, arbitrations and mediation.
103. The power to authorize the filling of vacancies in accordance with the applicable municipal policies.
104. The power to authorize the payment of relocation allowances subject to municipal policies and applicable conditions of service.
105. The power to handle grievances emanating from a Directorate in accordance with applicable Municipal policies and conditions of service.
106. The power to accept notice of resignation and the retraction thereof.
107. The power to approve the performance of standby duties and where applicable, the payment of stand-by allowance.
108. The power to instruct an official to submit a medical report.
109. The power to instruct an official within their directorate to submit a medical certificate and/or submit to a medical examination by a medical doctor who is in the employment of the municipality where such an official absents themselves for a period longer than three days and completes a sick leave form in accounting for such a period of absence
110. The power to authorize the medical examination of officials claiming damages from the Municipality arising from bodily injuries on duty.
FINANCIAL
111. The powers conferred to senior managers in terms of Section 79 of the Municipal Finance Management Act.
112. The power to authorize payment or cancellation of an acting allowance to officials from the levels below the Director in accordance with approved municipal policies.
113. The power to approve the payment or cancellation of payment of telephone, transport, and housing or cell phone allowance to employees in Directorate in accordance with approved municipal policies.
114. The power to approve requisitions and payments pertaining to the Directorate up to R30 000.00.
ENFORCEMENT OF STATUTORY OBLIGATIONS
115. The power to take all the necessary action to enforce statutory provisions.
116. The power to accept conditions imposed by statutory agencies.
117. The power to exercise all powers in terms of the by-laws falling within the ambit of the competencies of the Directorate, including the granting of any permission that may be required and the issuing of any notice in accordance with the by-laws whereby a person is summoned to comply.
118. The power to exercise all applicable powers in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), and the General Machinery Regulations.
119. The power to authenticate any order, notice or other document requiring authentication.
120. The power to ensure that the Municipality complies with all its obligations in terms of the Promotion of Access to information Act,2 of 2002, as well as the amendments thereto.
121. The power to process the recruitment process of permanent, contractual or temporary staff up to the level of Manager, in consultation with the Corporate Services, as well as make a recommendation to the Municipal Manager the appointment of staff so recruited.
122. The power to enter into overtime contracts with staff subject to the provisions of the Labour Relations Act and the Collective Agreement as well as the availability of funds.
123. Where an employee is required to work overtime in excess of the prescribed maximum hours then the directorate concerned must consult with the Corporate Services Directorate prior to authorizing any staff member to work such excess over time.
OFFICIAL VEHICLES
124. The power to approve the use of official vehicles of the Municipality outside the municipal area.
ATTENDANCE OF CONFERENCE, WORKSHOP AND SEMINAR
125. The power to approve the attendance of conferences, workshops, seminars, symposium or training sessions by employees (excluding international conferences, congresses, symposium, training sessions and visits), provided that the expenditure per individual application does not exceed R10 000.00 per occasion, and there is sufficient budget to cover accommodation and travelling costs.
REPORTS
126. The power to approve reports that are to be brought before the various committees of council, office bearers and any other functionary of the municipality authorized to receive such a report..
PROCUREMENT
127. The power to approve applications to initiate acquisition and disposal on budgeted and/or approved items as well as assets within a Directorate in accordance with the Supply Chain Policy of the Municipality.
128. The power to award bids not exceeding R10 million, as a member of the Bid Adjudication Committee.
PERFORMANCE MANAGEMENT
129. The power to enter into performance contracts with staff from Manager level and the power to assess the performance as well as recommend a performance reward or intervention in terms of the performance policy of the municipality
EMERGENCY AND DISASTER MANAGEMENT
130. The power to serve in the emergency and disaster management technical committee as well as authorize the directorate specific interventions required in terms of such considered emergencies and disasters in accordance with the prescribed adopted emergency and disaster management policy.
TECHNICAL TASK TEAMS
131. The power to serve on any technical task team as may be designated by the Municipal Manager
132. The power to execute resolution of the task team on which they have been designated to serve
ORGANISED LOCAL GOVERNMENT
133. The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
134. The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
135. The duty to implement organized local government resolutions after being duly adopted by council
INTER-GORVERNMENTAL RELATIONS
136. The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
137. The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of its implications to the municipality for consideration, adoption and/or implementation
138. The duty to implement resolutions taken as a result of due consideration of recommendations under an inter-governmental report.
FINANCIAL DELEGATIONS UNDER THE MFMA
ACCOUNTABILITY
139. Accountability means giving explanations for any variance in the actual performance from the expectation set. The accounting officer maintains accountability at all levels. This means accountability cannot be delegated per say as it rest with the person who the delegated function fell upon prior to its delegation. However if that person gives a task to a person and ask such a person to ensure that the task is planned, undertaken and implemented to the satisfaction of required results and performance indicators, the responsibility will rests with that person so delegated. However the accountability rests with the person who delegated the said function.
140. The accounting officer in terms of s 79 of the MFMA cannot delegate his responsibility to any layer of the political sphere. If the Accounting officer does this his or her actions will be deemed to be negligent and he/she will be held liable for such actions.
141. The accounting officer is subject to a three pronged accountability test giving due consideration to
i) Implementation and management, including review when occasioned, of system of delegation.
ii) The MFMA work output, results and performance with specific reference to placing the department and municipality respectively to deliver on its executive obligations.
iii) Delegating his/her powers and functions in terms of the MFMA to any political structure and or office bearer,
RESPONSIBILITY AND AUTHORITY
142. Responsibility is the duty of the person to complete the task assigned to him. A person who gives the responsibility should ensure that he or she accomplishes the tasks assigned to him. In the event that a given task is not completed, responsibility entails not giving excuses. Responsibility flows from the bottom up. Middle management segment and lower level management hold more responsibility.
143. Authority on the other hand is defined as the power and right of a person to use allocate resources efficiently, to make decisions and give orders so as to achieve the municipal objectives. Authority should be outlined within well defined parameters. The top level management segment has the most authority. It is envisaged that responsibility should be accompanied by equal amount of responsibility.
DIRECTOR: COMMUNITY SERVICES
The Municipal Manager has the following powers which are hereby delegated to the Director: Community Service, which powers you may, from time to time, exercise in consultation with the Municipal Manager; and may be delegated in writing by the Director to the lowest management levels to maximize administrative operational efficiency:
1. The power to provide for measures for the promotion of the health in general, of the inhabitants of the Municipality in line with Council Policy.
2. The power to define and recommend the duties, powers and responsibility of the health officers in terms of the Health Act 63 of 1977, including by-laws promulgated there-under.
3. The power to consider and recommend the approval of applications for lease or use of portions of the Municipal facilities and to propose rental thereof.
4. The power to consider applications for business licenses including the power to comment on the approval or refusal of same pursuant to Council Policy, By-laws, health legislation and the Businesses Act 71 of 1991.
5. The power to comment on the approval or refusal of applications for holding of religious services, mission, fetes, sport/recreational functions, circuses, cake sales, artistic displays and other functions in parks, beaches, estuaries and open space, subject to Council Policy, By-laws and relevant legislation.
6. The power to approve or refuse applications for the removal and trimming of trees on Council property or in road reserves.
7. The power to administer and enforce on behalf of Council the relevant provisions of the Refuse Removal Regulations and to institute prosecutions should the need arise.
8. The power to manage and maintain all municipal parks in an environmentally sensitive and sustainable manner.
9. The power to enforce the relevant provisions of the Acts, including all the Regulations and By-laws promulgated there under and to institute prosecution should the need arise.
10. The power to approve the erection of any notice-boards or warning signs on property falling under the control of the Directorate.
11. The power to manage libraries and subject to the Supply Chain Management Policy, purchase of library material.
12. The power to let or cancel the letting of amenities (halls) in recreational facilities.
13. The power to approve or refuse application for the hire of dwelling units at resorts and other recreational facilities under the control of the Directorate.
14. The power to manage and maintain sports facilities as well as promote sports within the municipal area.
15. The power to grant approval for the attendance of training courses by Traffic Officials, Vehicle Examiners and Examiners of Drivers Licenses, as well as other personnel to whom it may apply in terms of Council policy.
16. The power to grant the practicing powers in terms of various Acts and notices to relevant security personnel, including,
(a) apprehension in order to carry out warrants;
(b) to issue instant summonses and spot fines;
(c) to obtain the name and address of an offender and/or refusal to supply same,
(d) the power to arrest without a warrant;
(e) apprehension without a warrant; searching;
(f) and the serving of Summonses in criminal law suits.
17. The power to take all necessary action including action in any competent Court relating to prosecutions, and to sign any documents necessary for purposes to enforce any by-law of the Council, or to enforce any National and Provincial legislation.
18. The power to appoint Traffic and Peace Officers in accordance with the provisions of the National Road Traffic Act and Criminal Procedure Act 51 of 1977 as amended.
19. The power to appoint a responsible officer in terms of the provisions of the Regulation of Gatherings Act no.205 of 1993 and to take such steps as he deems necessary, including the obtaining of assistance from the South African Police Services to establish the identity of the convener of such gathering and request such convener to comply with the provisions of Chapter 1 of the Act.
20. The power to grant permission for the use of any loud speaker or other audible instrument at any public meeting or gathering for advertising purposes, in terms of any applicable legislation.
21. The power to approve or refuse an application to do filming on public roads in the area of jurisdiction of the Municipality on such condition as he may consider necessary to ensure the safety of the public, to minimize the disruption of traffic and to protect the interests of Council.
22. The power to perform and execute functions and duties relating to the parking of vehicles on land within the area of jurisdiction of the Municipality, including but not limited to public roads, public places and any Council-owned property.
23. The power to authorize a person in writing in terms of Section 15 (2) of the Magistrates’ Court Act 1944 and Section 22 (8) (b) of the National Prosecuting Authority Act of 1998 or any legislative enactment applicable to Council, to serve process on behalf of Council to protect the interest of the Council.
24. The power to erect, subject to the provisions of any applicable legislation, roadside check points for the purpose of crime prevention and for the execution and implementation of National or Provincial legislation, Regulations, by-laws and policies of Council.
25. The power to remove any advertising sign which constitutes a hazard to public safety and to direct any person to remove same.
26. The power to impound any goods which Council is lawfully empowered to remove, including but not limited to advertising signs and goods and/or structures of illegal traders.
27. The power to display or have displayed any information sign, a danger sign and a combined sign that is neither prohibitive nor injunctive signs; or to put up any other prohibitive or injunctive signs.
28. The power to exercise any powers and perform any duties delegated or assigned in terms of Section 14 of the Disaster Management Act 57 of 2002 or any relevant provisions of the Act.
29. The power to exercise any powers and perform any duties delegated or assigned in terms of the Fire Brigade Act 99 of 1990 to enforce the provisions of the Act.
30. The power to perform and execute all powers, functions and duties in terms of the National Veld and Forest Fire Act of 1998 including but not limited to, training of staff regarding veld fire prevention, management and control and to prevent and fight veld fires in terms of this Act and any other relevant legislation.
31. The power to protect Councils’ assets and to take whatever action necessary to ensure the security of all municipal assets and personnel.
32. The power to oversee contract security and to provide protection.
33. The power to provide security at Council functions.
34. Delegated to authorize the drafting of operational procedures and guidelines.
35. Delegated in terms of Sec 334 of the Criminal Procedure Act ,51/1977 to obtain fingerprints from employees of the Municipality for appointments as peace officers
GENERAL DELEGATIONS
The power to utilize an official in another capacity.
The power to withhold an official’s annual salary increment.
The power to accept an official’s written notice of termination of employment.
The power to instruct an official to temporarily report for duty outside his or her normal working hours.
The power to approve the vacation, sick and special leave of officials in your Directorate.
The power to cancel, postpone or interrupt an official’s leave of absence.
The power to approve leave of absence (vacation leave) without remuneration.
The power to refuse an application for sick leave, vacation and special leave.
The power to compel an official to take sick leave.
The power to approve maternity leave for female officials and paternity leave for male officials.
The power to approve study and examination leave in accordance with Council policies and applicable conditions of service.
The power to approve overtime.
The power to approve the notch increment and merit increments in accordance with approved Council policies.
The power to transfer an official to a post subject to Municipal policies.
The power to institute disciplinary proceedings in accordance with Municipal policies and conditions of service.
The power to authorize investigations into allegations of misconduct.
The power to, in consultation with Corporate Services, give mandates in respect of hearings, arbitrations and mediation.
The power to authorize the filling of vacancies in accordance with the applicable municipal policies.
The power to authorize the payment of relocation allowances subject to municipal policies and applicable conditions of service.
The power to handle grievances emanating from a Directorate in accordance with applicable Municipal policies and conditions of service.
The power to accept notice of resignation and the retraction thereof.
The power to approve the performance of standby duties and where applicable, the payment of stand-by allowance.
The power to instruct an official to submit a medical report.
The power to instruct an official within their directorate to submit a medical certificate and/or submit to a medical examination by a medical doctor who is in the employment of the municipality where such an official absents themselves for a period longer than three days and completes a sick leave form in accounting for such a period of absence
The power to authorize the medical examination of officials claiming damages from the Municipality arising from bodily injuries on duty.
FINANCIAL
The powers conferred to senior managers in terms of Section 79 of the Municipal Finance Management Act.
The power to authorize payment or cancellation of an acting allowance to officials from the levels below the Director in accordance with approved municipal policies.
The power to approve the payment or cancellation of payment of telephone, transport, and housing or cell phone allowance to employees in Directorate in accordance with approved municipal policies.
The power to approve requisitions and payments pertaining to the Directorate up to R30 000.00.
ENFORCEMENT OF STATUTORY OBLIGATIONS
The power to take all the necessary action to enforce statutory provisions.
The power to accept conditions imposed by statutory agencies.
The power to exercise all powers in terms of the by-laws falling within the ambit of the competencies of the Directorate, including the granting of any permission that may be required and the issuing of any notice in accordance with the by-laws whereby a person is summoned to comply.
The power to exercise all applicable powers in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), and the General Machinery Regulations.
The power to authenticate any order, notice or other document requiring authentication.
The power to ensure that the Municipality complies with all its obligations in terms of the Promotion of Access to information Act,2 of 2002, as well as the amendments thereto.
The power to process the recruitment process of permanent, contractual or temporary staff up to the level of Manager, in consultation with the Corporate Services, as well as make a recommendation to the Municipal Manager the appointment of staff so recruited.
The power to enter into overtime contracts with staff subject to the provisions of the Labour Relations Act and the Collective Agreement as well as the availability of funds.
Where an employee is required to work overtime in excess of the prescribed maximum hours then the directorate concerned must consult with the Corporate Services Directorate prior to authorizing any staff member to work such excess over time.
OFFICIAL VEHICLES
The power to approve the use of official vehicles of the Municipality outside the municipal area.
ATTENDANCE OF CONFERENCE, WORKSHOP AND SEMINAR
The power to approve the attendance of conferences, workshops, seminars, symposium or training sessions by employees (excluding international conferences, congresses, symposium, training sessions and visits), provided that the expenditure per individual application does not exceed R10 000.00 per occasion, and there is sufficient budget to cover accommodation and travelling costs.
REPORTS
The power to approve reports that are to be brought before the various committees of council, office bearers and any other functionary of the municipality authorized to receive such a report..
PROCUREMENT
The power to approve applications to initiate acquisition and disposal on budgeted and/or approved items as well as assets within a Directorate in accordance with the Supply Chain Policy of the Municipality.
The power to award bids not exceeding R10 million, as a member of the Bid Adjudication Committee.
PERFORMANCE MANAGEMENT
The power to enter into performance contracts with staff from Manager level and the power to assess the performance as well as recommend a performance reward or intervention in terms of the performance policy of the municipality
EMERGENCY AND DISASTER MANAGEMENT
The power to serve in the emergency and disaster management technical committee as well as authorize the directorate specific interventions required in terms of such considered emergencies and disasters in accordance with the prescribed adopted emergency and disaster management policy.
TECHNICAL TASK TEAMS
The power to serve on any technical task team as may be designated by the Municipal Manager
The power to execute resolution of the task team on which they have been designated to serve
ORGANISED LOCAL GOVERNMENT
The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
The duty to implement organized local government resolutions after being duly adopted by council
INTER-GORVERNMENTAL RELATIONS
The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of its implications to the municipality for consideration, adoption and/or implementation
The duty to implement resolutions taken as a result of due consideration of recommendations under an inter-governmental report.
FINANCIAL DELEGATIONS UNDER THE MFMA
ACCOUNTABILITY
Accountability means giving explanations for any variance in the actual performance from the expectation set. The accounting officer maintains accountability at all levels. This means accountability cannot be delegated per say as it rest with the person who the delegated function fell upon prior to its delegation. However if that person gives a task to a person and ask such a person to ensure that the task is planned, undertaken and implemented to the satisfaction of required results and performance indicators, the responsibility will rests with that person so delegated. However the accountability rests with the person who delegated the said function.
The accounting officer in terms of s 79 of the MFMA cannot delegate his responsibility to any layer of the political sphere. If the Accounting officer does this his or her actions will be deemed to be negligent and he/she will be held liable for such actions.
The accounting officer is subject to a three pronged accountability test giving due consideration to
i) Implementation and management, including review when occasioned, of system of delegation.
ii) The MFMA work output, results and performance with specific reference to placing the department and municipality respectively to deliver on its executive obligations.
iii) Delegating his/her powers and functions in terms of the MFMA to any political structure and or office bearer,
RESPONSIBILITY AND AUTHORITY
Responsibility is the duty of the person to complete the task assigned to him. A person who gives the responsibility should ensure that he or she accomplishes the tasks assigned to him. In the event that a given task is not completed, responsibility entails not giving excuses. Responsibility flows from the bottom up. Middle management segment and lower level management hold more responsibility.
Authority on the other hand is defined as the power and right of a person to use allocate resources efficiently, to make decisions and give orders so as to achieve the municipal objectives. Authority should be outlined within well defined parameters. The top level management segment has the most authority. It is envisaged that responsibility should be accompanied by equal amount of responsibility.
DIRECTOR: ECONOMIC DEVELOPMENT, TOURISM AND AGRICULTURE
The Municipal Manager has the following powers which are hereby delegated to the Director: IPED, which powers you may, from time to time, exercise in consultation with the Municipal Manager; and may be delegated in writing by the Director to the lowest management levels to maximize administrative operational efficiency:
1. The power to carry out the implementation of all approved lead projects and programmes that meet the Municipality’s’ objectives and responsibilities in respect of the IDP, Accelerated Shared Growth Initiative of South Africa (ASGISA), the Expanded Public Works Programme (EPWP); and to ensure that Council meets its contractual obligations thereto.
2. The power to manage and operate municipal markets in a manner that promotes local economic development and in accordance with other related municipal strategies.
3. The power to manage and maintain art and history museums in the municipal area in a manner that promotes heritage and culture as well as preserves same.
4. The power to promote agriculture in accordance with the municipal growth strategy and economic development plan
5. The power to develop and implement strategy to promote trade and investment within the municipal area
6. The power to approve the erection of any noticeboards or warning signs on property falling under the control of the Directorate.
7. The power to consider applications for business licenses including the power to comment on the approval or refusal of same pursuant to Council Policy, By-laws, health legislation and the Businesses Act 71 of 1991.
8. The power to regulate and control all matters concerning the display of advertisements in the Municipality subject to Council policy and relevant by-laws.
9. The power to, subject to such conditions as may be laid down by the Council from time to time, and in consultation with the Director: Infrastructure Development, impose such conditions as may be deemed appropriate in the interests of public safety, or for any other reason:
(a) The power to grant or refuse applications for permission to drop pamphlets or other advertising matter from aircraft over any portion of the Municipal area;
(b) The power to grant or refuse applications for permission
to undertake skywriting;
(c) The power to grant or refuse applications to erect banners and posters, including the display of posters in connection with elections and public meetings of political parties, subject to the payment of any necessary deposits fixed by the Council from time to time;
(d) The power to grant or refuse applications for the
renewal of advertising hoardings;
10. power to exercise on behalf of the Council all the powers conferred upon it by By-laws controlling animated exhibitions on buildings or balconies and the decoration of buildings and balconies.
11. The power to make recommendations to National or Provincial spheres of government where Council does not have delegated authority (nor competency conferred upon it) in terms of the Act, save where the delegation has been specifically excluded.
12. The power to decide on all applications made in terms of the Act, save where the delegation has been specifically excluded.
13. The power to order the removal or obliteration of unauthorized advertising signs.
GENERAL DELEGATIONS
The power to utilize an official in another capacity.
The power to withhold an official’s annual salary increment.
The power to accept an official’s written notice of termination of employment.
The power to instruct an official to temporarily report for duty outside his or her normal working hours.
The power to approve the vacation, sick and special leave of officials in your Directorate.
The power to cancel, postpone or interrupt an official’s leave of absence.
The power to approve leave of absence (vacation leave) without remuneration.
The power to refuse an application for sick leave, vacation and special leave.
The power to compel an official to take sick leave.
The power to approve maternity leave for female officials and paternity leave for male officials.
The power to approve study and examination leave in accordance with Council policies and applicable conditions of service.
The power to approve overtime.
The power to approve the notch increment and merit increments in accordance with approved Council policies.
The power to transfer an official to a post subject to Municipal policies.
The power to institute disciplinary proceedings in accordance with Municipal policies and conditions of service.
The power to authorize investigations into allegations of misconduct.
The power to, in consultation with Corporate Services, give mandates in respect of hearings, arbitrations and mediation.
The power to authorize the filling of vacancies in accordance with the applicable municipal policies.
The power to authorize the payment of relocation allowances subject to municipal policies and applicable conditions of service.
The power to handle grievances emanating from a Directorate in accordance with applicable Municipal policies and conditions of service.
The power to accept notice of resignation and the retraction thereof.
The power to approve the performance of standby duties and where applicable, the payment of stand-by allowance.
The power to instruct an official to submit a medical report.
The power to instruct an official within their directorate to submit a medical certificate and/or submit to a medical examination by a medical doctor who is in the employment of the municipality where such an official absents themselves for a period longer than three days and completes a sick leave form in accounting for such a period of absence
The power to authorize the medical examination of officials claiming damages from the Municipality arising from bodily injuries on duty.
FINANCIAL
The powers conferred to senior managers in terms of Section 79 of the Municipal Finance Management Act.
The power to authorize payment or cancellation of an acting allowance to officials from the levels below the Director in accordance with approved municipal policies.
The power to approve the payment or cancellation of payment of telephone, transport, and housing or cell phone allowance to employees in Directorate in accordance with approved municipal policies.
The power to approve requisitions and payments pertaining to the Directorate up to R30 000.00.
ENFORCEMENT OF STATUTORY OBLIGATIONS
The power to take all the necessary action to enforce statutory provisions.
The power to accept conditions imposed by statutory agencies.
The power to exercise all powers in terms of the by-laws falling within the ambit of the competencies of the Directorate, including the granting of any permission that may be required and the issuing of any notice in accordance with the by-laws whereby a person is summoned to comply.
The power to exercise all applicable powers in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), and the General Machinery Regulations.
The power to authenticate any order, notice or other document requiring authentication.
The power to ensure that the Municipality complies with all its obligations in terms of the Promotion of Access to information Act,2 of 2002, as well as the amendments thereto.
The power to process the recruitment process of permanent, contractual or temporary staff up to the level of Manager, in consultation with the Corporate Services, as well as make a recommendation to the Municipal Manager the appointment of staff so recruited.
The power to enter into overtime contracts with staff subject to the provisions of the Labour Relations Act and the Collective Agreement as well as the availability of funds.
Where an employee is required to work overtime in excess of the prescribed maximum hours then the directorate concerned must consult with the Corporate Services Directorate prior to authorizing any staff member to work such excess over time.
OFFICIAL VEHICLES
The power to approve the use of official vehicles of the Municipality outside the municipal area.
ATTENDANCE OF CONFERENCE, WORKSHOP AND SEMINAR
The power to approve the attendance of conferences, workshops, seminars, symposium or training sessions by employees (excluding international conferences, congresses, symposium, training sessions and visits), provided that the expenditure per individual application does not exceed R10 000.00 per occasion, and there is sufficient budget to cover accommodation and travelling costs.
REPORTS
The power to approve reports that are to be brought before the various committees of council, office bearers and any other functionary of the municipality authorized to receive such a report..
PROCUREMENT
The power to approve applications to initiate acquisition and disposal on budgeted and/or approved items as well as assets within a Directorate in accordance with the Supply Chain Policy of the Municipality.
The power to award bids not exceeding R10 million, as a member of the Bid Adjudication Committee.
PERFORMANCE MANAGEMENT
The power to enter into performance contracts with staff from Manager level and the power to assess the performance as well as recommend a performance reward or intervention in terms of the performance policy of the municipality
EMERGENCY AND DISASTER MANAGEMENT
The power to serve in the emergency and disaster management technical committee as well as authorize the directorate specific interventions required in terms of such considered emergencies and disasters in accordance with the prescribed adopted emergency and disaster management policy.
TECHNICAL TASK TEAMS
The power to serve on any technical task team as may be designated by the Municipal Manager
The power to execute resolution of the task team on which they have been designated to serve
ORGANISED LOCAL GOVERNMENT
The duty to attend meetings of organized local government structures as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
The duty to submit reports on activities and resolutions of the meetings of organized local government as well as highlight the implications of such resolutions or make recommendations on the basis of such implications to the municipality for consideration, adoption and/or implementation.
The duty to implement organized local government resolutions after being duly adopted by council
INTER-GORVERNMENTAL RELATIONS
The duty to attend inter-governmental meetings as a representative of the municipality and carry out the mandate given by the municipality at such meetings.
The duty to submit reports on activities and resolutions of the meetings of inter-governmental forums attended as well as highlight the implications of such resolutions or make recommendations on the basis of its implications to the municipality for consideration, adoption and/or implementation
The duty to implement resolutions taken as a result of due consideration of recommendations under an inter-governmental report.
FINANCIAL DELEGATIONS UNDER THE MFMA
ACCOUNTABILITY
Accountability means giving explanations for any variance in the actual performance from the expectation set. The accounting officer maintains accountability at all levels. This means accountability cannot be delegated per say as it rest with the person who the delegated function fell upon prior to its delegation. However if that person gives a task to a person and ask such a person to ensure that the task is planned, undertaken and implemented to the satisfaction of required results and performance indicators, the responsibility will rests with that person so delegated. However the accountability rests with the person who delegated the said function.
The accounting officer in terms of s 79 of the MFMA cannot delegate his responsibility to any layer of the political sphere. If the Accounting officer does this his or her actions will be deemed to be negligent and he/she will be held liable for such actions.
The accounting officer is subject to a three pronged accountability test giving due consideration to
i) Implementation and management, including review when occasioned, of system of delegation.
ii) The MFMA work output, results and performance with specific reference to placing the department and municipality respectively to deliver on its executive obligations.
iii) Delegating his/her powers and functions in terms of the MFMA to any political structure and or office bearer,
RESPONSIBILITY AND AUTHORITY
Responsibility is the duty of the person to complete the task assigned to him. A person who gives the responsibility should ensure that he or she accomplishes the tasks assigned to him. In the event that a given task is not completed, responsibility entails not giving excuses. Responsibility flows from the bottom up. Middle management segment and lower level management hold more responsibility.
Authority on the other hand is defined as the power and right of a person to use allocate resources efficiently, to make decisions and give orders so as to achieve the municipal objectives. Authority should be outlined within well- defined parameters. The top level management segment has the most authority. It is envisaged that responsibility should be accompanied by equal amount of responsibility.
SECTION D
General Policy
A delegated authority or power must have its roots in the enabling legislation, should be as specific as possible and preferably refer to the specific provision in the applicable legislation from which an authority originates.
The functionary/official that is actually executing the activities in terms of the enabling legislation should, as far as practical and possible, be empowered by way of delegation to execute the delegated authority. In other words a delegated power should vest as near as possible to the operational functionary but at the same time not compromising the principles of accountability and proper governance.
Delegations should at all times be executed within and be subject to the Council's normal practices, procedures and other regulations and should be granted with the view of maximizing the Council administrative and operational efficiency. It should furthermore provide for adequate checks and balances to ensure responsible and accountable decision-making.
Any power delegated to any of the Council's political structures, political office bearers or staff member may be further sub-delegated to any of the other political structures, political office bearers or staff members and to subsequent political structures, political office bearers or staff members on condition that the principles contained herein are adhered to and the sub-delegation of the specific power is not prohibited by legislation.
For purposes of duly maintaining the Council's System of Delegations, the Municipal Manager must be furnished with a copy of any sub-delegations to subordinates and must amend the relevant annexure to the System of Delegations accordingly.
All delegated powers are and remain subject to and should be executed in accordance with any applicable policy, condition, enactment or other legal requirements, as approved by Council.
The execution of a delegation that has financial implications for the Council should only be executed by the person who has a specific responsibility and authority to incur expenditures under a specific vote.
No delegation may be executed if there are insufficient funds on a specific vote or a specific item does not appear on the Council's budget.
Please Note: In terms if the provisions of section 11(4) of the Systems Act, 2000, all decisions taken by the Council or any other political structure of the municipality must be recorded in writing.
POLICY FOR THE DELEGATION OF POWERS AND FUNCTIONS WITHIN THE MUNICIPALITY
Policy arising from statutory provisions
The following powers may not be delegated by Council in terms of the provision of Section 160(2) of the Constitution 1996, and Section 59(1) (a) of the Systems Act, 2000:
• The passing of by-laws;
• The passing of integrated development plan;
• The approval of budgets;
• The imposition of rates and other taxes, levies and duties;
• The raising of loans;
• The power to set tariffs;
• The power to decide to enter into a service delivery agreement;and
• The power to approve or amend the municipality’s Integrated Development Plan.
In terms of Section 60 of the Systems Act, 2000, the following powers may, within a policy framework determined by Council, only be delegated to the Executive Mayor:
• The expropriation of immovable property or the rights in such property;
• The remuneration, benefits or other conditions of service of the Municipal Manager or managers directly responsible to him; and
• The decision to make investments on behalf of the municipality within a policy framework determined by the Minister of Finance (This power may also be delegated to the Chief Financial Officer).
In terms of Section 59(2) of the Systems Act, 2000, all delegation or instruction must comply with the following requirements:
• It must not be in conflict with the Constitution or the Municipal Systems or Structures Acts (or any other legislation)
• It must be in writing;
• It is subject to any limitations, conditions and directions imposed by the Council;
• It may include the power to sub-delegate;
• It does not divest the Council of the responsibility concerning the exercise of the power or the performance of the duty; and
• It must be reviewed when a new Council is elected.
In terms of Section 59(4) of the Systems Act, 2000, any delegation or sub-delegation to a staff member of a power conferred on the Municipal Manager is to be approved by the Council in accordance with its System of Delegation.
All decisions taken in terms of delegated powers must, in terms of Section 63 of the Systems Act of 2000, be reported to the delegating authority at three monthly intervals.
In terms of the provisions of Section 60(3) of the Structures Act, 1998, the Executive Mayor’s powers and functions must be exercised and performed by the Executive Mayor together with the other members of the Mayoral Committee.
Checks and balances
The Mayor, Executive Committees, the Municipal Manager, Directors and every official to whom powers and functions have been delegated must keep a record of all decisions taken under
delegated authority and report it in writing on a three-monthly basis as follows:
• Mayor/ Executive Committee report to Council;
• Section 79 and 80 Committees report to the Mayor;
• Ward Committees report to the Mayor;
• Municipal Manager report to the Mayor;
• Directors report to the Municipal Manager; and
• Other officials report to their respective Directors.
It should be noted that if a decision has been taken under delegated authority, such a decision is final (functus officio) and may not be changed, unless an appeal is received from a person whose rights are affected by such decision.
The purpose of reporting decisions taken is to keep the delegator informed of what has happened, to ask questions relating to certain issues and if necessary to amend or withdraw a delegated authority, if necessary.
Taking into account the rapid changes and developments within the municipal area and the Council, all delegations are to be reviewed, rationalised, refined, amended, withdrawn or sub-delegated on an annual basis.
ADDENDUM TO THE MAIN DOCUMENT IN RELATION TO MFMA
Financial delegations under the MFMA
Accountability
Accountability means giving explanations for any variance in the actual performance from the expectation set. The accounting officer maintains accountability at all levels. This means accountability cannot be delegated per say as it rest with the person who the delegated function fell upon prior to its delegation. However if that person gives a task to a person and ask such a person to ensure that the task is planned, undertaken and implemented to the satisfaction of required results and performance indicators, the responsibility will rests with that person so delegated. However the accountability rests with the person who delegated the said function.
The accounting officer in terms of s 79 of the MFMA cannot delegate his responsibility to any layer of the political sphere. If the Accounting officer does this his or her actions will be deemed to be negligent and he/she will be held liable for such actions.
The accounting officer is subject to a three pronged accountability test giving due consideration to
i) Implementation and management, including review when occasioned, of system of delegation.
ii) The MFMA work output, results and performance with specific reference to placing the department and municipality respectively to deliver on its executive obligations.
iii) Delegating his/her powers and functions in terms of the MFMA to any political structure and or office bearer, and with respect to the PFMA to persons other than officials in the department or entity.
RESPONSIBILITY AND AUTHORITY
Responsibility is the duty of the person to complete the task assigned to him. A person who gives the responsibility should ensure that he or she accomplishes the tasks assigned to him. In the event that a given task is not completed, responsibility entails not giving excuses. Responsibility flows from the bottom up. Middle management segment and lower level management hold more responsibility.
Authority on the other hand is defined as the power and right of a person to use allocate resources efficiently, to make decisions and give orders so as to achieve the municipal objectives. Authority should be outlined within well defined parameters. The top level management segment has the most authority. It is envisaged that responsibility should be accompanied by equal amount of responsibility.
EFFECTIVENESS AND EFFICENCY
Effectiveness relates to understanding the mandate, determining all the right things that must be executed to achieve desired results and outcomes of the said mandate.
Efficiency denotes the understanding of determining the timeframes, the techniques and the skills to manage the implementation plan that is directly focused to achieving the outcomes of a specific mandate.
GUIDELINES ON HOW TO DELEGATE
❖ Explain the reasons for delegating: this will enable the subordinates to appreciate the benefit of the delegation to the person so delegated.
❖ Set clear goals and standards: This can be achieved by involving the officials who will be subject to the delegation ensure clarity of authority and responsibility.
❖ Involve subordinates: This will give them ownership, motivate them, and improve their knowledge and skills thus allowing them to properly execute their work.
❖ Provide the necessary direction and assistance. This involves requesting completion of tusks incidental to exercising the delegated powers or duties. Managers can see to it that delegated officials complete tusks delegated to them according to a predetermined standard or goal.
❖ Provide performance training: Should continually evaluate responsibilities delegated and provide training to help delegated officials overcome shortcomings.
❖ Provide feedback to subordinates: Timely and accurate feedback should be provided to subordinates on a regular basis. Such feedback may consist of negative and positive feedback.
GUIDELINES ON THE DELEGATION PROCESS
❖ Make a determination on what powers and duties should be delegated. Repetitive duties and function and duplicated chores can be delegated with ease. More difficult delegations have the added advantage of boosting staff self confidence and aids in skill development.
❖ Make a decision on who should carry out the power and function, projected time spend. The skills required to see the task through. All this should take adequate consideration to the experience of the subordinate who is delegated to
❖ The delegator should then provide sufficient resources needed for the successful implementation of the delegation to the delegatee. This includes but is not limited to human, financial, technical resources and equipment such as telephones, computers etc
❖ The delegator should then delegate the power and function to the delegate providing full information related to the delegated function.
❖ Establish a reporting system. This will enable the delegator to keep track of the implementation or otherwise of the delegated power and duty.
THE IMPLEMENTATION PLAN AND PROCESS
It falls on the Accounting Officer with the support and assistance of the Chief Financial Officer and senior management at strategic levels to undertake an implementation and management plan in terms of Section 77 of MFMA
The CFO is in turn required to evaluate the results achieved by the Senior Management with regards to the sub-delegations to Managers at the operational level.
In pursuance of this duty the Accounting officer is required to submit to the municipal council (after an evaluation), a report detailing results on performances that are achieved with regards to functionality of the system within the municipality or department and secondly how the system has contributed to improved outcomes on the work of the MFMA on service delivery. This review should be taken on an annual basis or when occasioned by a change in legislation.
It falls on the Municipal Council to undertake quarterly review of the results and performance that is achieved by a Political head, such a report must be tabled at the council meeting.
All implementation and management plans should be included and must be in line with pre-existing employment contracts performance agreements operational between the Municipality and the delegatee.
The office of the Internal Auditor must regularly monitor the implementation and management of the System of Delegations within the Municipality.
PERSONS IN AN ACTING CAPACITY
Persons in acting capacity are equally, severally and/or wholly accountable as the person who normally occupies the post.
It is recommended that a person in an acting capacity also signs a separate delegation that will accompany his or her letter of appointment such letter must be clear, specific, and precise. The person in an acting capacity accepts the effective and efficient performance of tasks related to the post.
RESPONSES TO DEFICIENCIES IN THE SYSTEM OF DELEGATION
It falls upon the accounting officer to plan, implement and monitor not only the delegated official of the system of delegation within Senior Management and the municipality but also as to determine whether the right results and performance is achieved under each matter with the system of delegation. It then follows that should he/she identify any shortcomings in the system of delegation he/she is entitled to take adequate measures to correct such malfunctions so identified.
It also falls on the Mayor, Municipal Manager and other officer bearer to alert the Accounting Officer of any shortcomings they may identify in the system of delegation, and suggest were possible remedial interventions that they fill may be best suited to address such shortcomings.
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