DELEGATION OF POWERS



SCHEDULE A

CONDITIONS OF DELEGATIONS

1. All powers, functions and duties delegated shall:

1.1 not be, or executed in a manner that would be, in conflict with any applicable legislation;

1.2 be in writing; and

1.3 be reviewed whenever a new Municipal Council is elected.

2. The following powers, functions and duties may not be delegated by the Municipal Council:

2.1 a power mentioned in Section 160(2) of the Constitution;

2.1 the power to set tariffs;

2.3 the decision to enter into a service delivery agreement in terms of Section 76(b) of the Municipal Systems Act;

2.4 the power to approve or amend the Municipal Council’s Integrated Development Plan;

2.5 the power to appoint a Building Control Officer in terms of Section 5 of the National Building Regulations and Building Standard Act.

3. The following powers, functions and duties may only be delegated to the Executive Mayor:

3.1 decisions to expropriate immovable property or rights in or to immovable property;

3.2 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.

4. The following powers, functions and duties may only be delegated to the Executive Mayor or the Municipal Council’s Chief Financial Officer:

4.1 decisions to make investments on behalf of the Municipality within a policy framework determined by the Minister of Finance.

5. All powers, functions and duties delegated shall, unless otherwise indicated, be exercised or performed subject to the following conditions, limitations and directions:

5.1 No departure shall be permitted from the terms of any resolution or policy of the Municipal Council, if any: Provided that where in the opinion of the Executive Mayor, a policy should be in place prior to any delegation being exercised, such delegation shall not be exercised until a policy is adopted by the Municipal Council.

5.2 The Municipal Council may designate certain powers and functions which the Executive Mayor may only exercise and perform in conjunction with the other members of the Mayoral Committee.

5.3 No expenses shall be incurred on either the capital or operating account, unless such expenses have been voted for in the annual budget and the expenses are kept within the budgeted limits.

5.4 All contracts entered into shall be on conditions in accordance with the relevant policy of the Municipal Council or conditions specifically laid down by the Municipal Council, if any and subject to the approval of the Director: Legal and Compliance.

5.5 Any power to enter into a contract shall include authority to sign such contract.

5.6 A person whose rights are affected by a decision taken by a political structure, political office bearer, councillor or staff member of the Municipal Council in terms of a power or duty delegated or sub-delegated by a delegating authority to the political structure, political office bearer, councillor or staff member, may appeal against that decision by giving written notice of the appeal and reasons to the Municipal Manager within 21 days of the date of the decision.

5.7 The Municipal Council may:–

(a) in accordance with the procedures contained in its rules and orders, or at the request in writing of at least one quarter of the Councillors, must, review any decision taken by such 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) require its Executive Mayor to review any decision taken by such political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction.

5.8 The delegation of matters relating to the staff and other employees of a cluster, other than their Conditions of Service and disciplinary measures, shall be subject to consultation with the Executive Director: Corporate and Shared Services, and where necessary, with the employee association or trade union concerned, and where agreement cannot be reached the matter in question shall be referred for decision to the Executive Mayor.

5.9 Any delegation of powers, functions and duties relating to matters dealt with in the Municipality’s Conditions of Service shall be exercised or performed subject to such Conditions of Service.

5.10 A delegation to an official other than the Municipal Manager or an Executive Director shall be subject to such instructions as the Municipal Manager or Executive Director may give and shall cease if any of those officials notifies the official concerned in writing to cease exercising the power, function or duty delegated.

5.11 All powers, functions and duties delegated to an Executive Director shall only be exercised in relation to his/her directorate, unless otherwise specifically so authorized.

5.12 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 delegation or sub-delegation.

5.13 All officials to whom any power, function or duty has been delegated in terms of Schedule B hereto, shall, unless otherwise specified in respect of any particular power, function or duty so delegated, report bi-annually to the Executive Mayor (in the case of the Municipal Manager) or to the relevant Member of the Mayoral Committee (in the case of all other officials) on the execution of any such power, function or duty during the preceding 6 (six) month period.

SCHEDULE B

INTERPRETATION

In this Schedule unless the context indicates otherwise: –

(1) “MOE” means a municipal entity as contemplated in the definition of “municipal entity” in Section 1 of the Local Government: Municipal Systems Act 32 of 2000 owned by the City;

(2) “the City” means the Municipality;

(3) “the Council” means the Municipality;

(4) “the Executive Mayor” means the executive mayor of the Municipality elected in terms of Section 55 of the Local Government: Municipal Structures Act 117 of 1998;

(5) “the Municipality” means the City of Johannesburg Metropolitan Municipality, a metropolitan municipality as contemplated in Section 155(1) of the Constitution of the Republic of South Africa, 2003;

6) “the Municipal Council” or “the Council of the Municipality” means the municipal council of the Municipality as contemplated in section 157 of the Constitution of South Africa;

7) “the Municipal Manager” means the City Manager of the City;

8) “the Secretary of Council” means the head of the Speaker’s office, and

(9) “RDP stock” means residential property of the Council used or intended for housing purposes, the development of which is subject to a provincial or state subsidy; and

(10) “Council owned stock” means residential property of the Council, used or intended for housing purposes in terms of any applicable housing legislation and housing codes.

(11) “working days” means days other than Saturdays, Sundays and public holidays.

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