Post on 06-Apr-2018
P a g e | 1
Constitution for Ward Committees
of the Knysna Local Municipality 1
Purpose of the Constitution
The purpose of this Constitution is to provide uniform and simplified directives
to Ward Committee members, Ward Councillors, Council and Knysna
Municipality, on the establishment and operation of Ward Committees.
PREAMBLE
WHEREAS
Ward Committees are established in all the wards of Knysna Municipality in
order to:
Represent the interests of various communities, geographical areas and/or
sectors in a particular ward of Knysna Municipality;
Recognise the value of a democratic, inclusive, open and responsive
municipal council, which is committed to meaningful public participation;
Respect and value constructive and regular interaction with the
democratically elected representatives; and
1 Established in terms of the provisions of Sections 72 to 78 (Part 4) of the Local Government:
Municipal Structures Act, 117 of 1998.
P a g e | 2
Support a system of participatory municipal governance that enables the
Knysna Municipal Council to fulfill its constitutional obligations,
THEREFORE
Members of Ward Committees -
Undertake to -
Abide by the provisions of this ward constitution and all bylaws and
policies of the Knysna Municipality, the Constitution of the Republic of
South Africa and all other applicable legislation;
Respect the authority of the Knysna Municipal Council, its Committees
and structures, the respective Ward Councilors and Knysna Municipal
officials;
Pay municipal services, rates and taxes; and promote this culture in their
respective communities and sectors
Encourage others to take care of and protect public property and other
community assets; and
Take into account the views of the communities of the municipal area of
Knysna
1. The Object of Ward Committees
(a) Ward Committees in the Knysna municipal area are established
and will operate according to the provisions of the Local
Government: Structures Act, 117 of 1998.2
(b) The object of Ward Committees is to enhance participatory
democracy.
1.1 The main objectives of Ward Committees are as follows:
(a) Create formal unbiased communication channels and co-
operative partnerships between Knysna Municipality and the
community within a ward;
(b) Ensure contact between Knysna Municipality and the community
through the relevant feedback mechanisms;
2 Sections 72 to 78
P a g e | 3
(c) Create harmonious relationships between the residents of a ward,
ward councillor, the diverse community and Knysna Municipality as
a whole;
(d) Facilitate public participation in the process of the development,
review and implementation of the Budget and IDP of Knysna
Municipality;
(e) Act as an advisory body on council policies and matters affecting
communities in the ward as requested;
(f) Serve in an officially recognised and specialized participatory
structure in the Knysna Municipality;
(g) Make recommendations on matters affecting the ward to the ward
councillor, the local council, and the Mayor;
(h) Serve as a constructive mobilizing agent for positive community
action;
(i) Monitor, in conjunction with the ward councillor, the
implementation of ward plans, programmes and ward discretionary
funds, the control and implementation of which rests with council;
and
(j) Promote a culture of use and payment of/for services supplied by all
spheres of government.
1.2 The work of the Ward Committees must be aimed at the following
outcomes:
(a) Enhancing participatory democracy;
(b) Participating in neighbourhood and ward based planning, and
encouraging communities to take charge of their livelihood;
(c) Assisting the municipality in service delivery improvement;
(d) Assisting in the economic empowerment of communities;
(e) Enhancing local democracy and accountability;
(f) Enhancing social cohesion, nation building and integration of
communities across class, race, culture and religion; and
(g) Assisting in civic education e.g. rights and responsibilities etc.
P a g e | 4
1.3 The Knysna Municipality will establish and adopt mechanisms,
processes and procedures to enable ward committees to participate
where possible and practical in the affairs of the municipality, including:
(a) Preparation, implementation and review of the Integrated
Development Plan;
(b) The establishment, implementation and review of the Performance
Management System, in which ever way practical;
(c) The monitoring and review of the Municipality’s performance,
including the outcomes and impact of such performance, in which
ever way practical;
(d) The preparation of the Budget and inputs to it in whichever way
practical;
(e) Strategic decisions relating to the provision of Municipal Services;
and
(f) Active involvement in community projects and actions pertaining to
poverty alleviation initiated by the Knysna Municipal Council.
2. Establishment and composition of Ward Committees
2.1 A Ward Committee must be established in each of the wards of the
Knysna Municipality.
2.2 A Ward Committee must consist of –
(a) The Ward Councillor, who serves as the chairperson of the Ward
Committee; and
(b) Not less than four and not more than 10 members representing
various sectors or geographical areas of the Ward community.
2.3 The establishment of Ward Committees must take into account the
need for –
(a) A democratic, representative, open and inclusive Ward
Committee;
(b) An active, empowered and competent Ward Committee;
P a g e | 5
(c) Equitable gender representation and representation of the
previously marginalised as well as special focus groups eg
disabled, youth, as far as possible; and
(d) A representative, responsible and accountable Ward
Committee.
2.4 Ward Committees are established to achieve the objects set out in
Section 1 of this Constitution and must not be interpreted as a
mechanism to establish ward representatives parallel to Ward
Councillors, a Council or the Administration. The ward committee
structure remains an advisory structure to Council and its various sub-
committees and structures.
3. Process to establish a Ward Committee
3.1 When the Municipal Council adopts a resolution to establish Ward
Committees, the Municipal Manager or an official delegated by the
Municipal Manager, or the Ward Councillor must inform the community
of this resolution through any of the following mechanisms -
(a) Newsletter;
(b) Advertisement in the local media and on notice boards.
(c) Any other means that may be effective, and
(d) Any other method recommended and relevant from the
Communication Strategy.
3.2 To encourage the involvement of communities and community
organisations in the establishment of Ward Committees, the Municipal
Manager or the responsible official must facilitate consultative
meetings with sectors, geographic areas and interested community
members in each ward to determine which are active in each ward.
3.3 The final decision regarding which sector and/or geographic areas are
to be represented is to be made by the Speaker in consultation with
the Ward Councillor and the relevant responsible official.
4. Procedure to elect a Ward Committee
4.1 The procedure and guidelines for the election of Ward Committees
contained in Schedule 1 of this Constitution must be followed with the
object to promote -
(a) A practical, democratic, free and fair Ward Committee
process;
P a g e | 6
(b) Representivity and accountability of Ward Committee
Members;
(c) Interaction between Ward Committees and Ward
Councillors; and
(d) Voluntary participation.
4.2 The procedure to elect Ward Committees must be consistent with the
object of Ward Committees as set out in Section 1(1) of this constitution.
5. Name
As its official name, the Ward Committee will have the number of the
Ward as determined by the Local Government: Municipal
Demarcation Act, 27 of 1998.
6. Area of Operation
6.1 Ward Committees will operate within the borders of the wards for
which it was elected as demarcated in terms of the Local Government:
Municipal Demarcation Act, 27 of 1998.
6.2 If the borders of a ward are re-determined by a competent body as
provided for by the Local Government: Municipal Demarcation Act, 27
of 1998, the area of operation for the Ward Committee will change
accordingly.
7. Authority
Ward Committee members are appointed by the Knysna Municipal
Council through its resolutions, and are subject to and will be governed
by the policies and guidelines of the Knysna Municipal Council.
8. Criteria for membership
8.1 A person is only eligible for election to a Ward Committee if he or she –
(a) Represent a sector or geographical area which is involved in
some formal activity in the ward;
(b) Is elected by his or her sector/geographic area to serve on the
committee, and remains in good standing as a member of
his/her sector/geographic area;
(c) Is not indebted to the municipality for a period longer than three
months, unless he or she can prove that arrangements for the
settlement of the account have been made;
P a g e | 7
(d) Is not an employee of the local or district municipality;
(e) Is not a person of unsound mind who has been declared so by a
competent court.
8.2 A South African Police clearance will be performed on all nominated
ward committee members. A negative outcome will be assessed by
the Speaker in conjunction with the relevant ward Councillor; whom
shall then determine the viability of the nominee to serve on the
relevant ward committee, or not.
8.3 The following are excluded from being represented on a Ward
Committee –
(a) Political parties and political organisations;
(b) Any organisation that is prohibited in terms of national legislation;
(c) Municipal officials;
(d) Trade unions;
(e) Any other structure or organisation that, in the opinion of the
municipal council, is not advancing the object of Ward
Committees;
(f) A serving municipal councillor of Knysna Municipality or any
other municipality (with the exception of the relevant Ward
Councillor in terms of Section 2(2)(1) above); or
(g) Government departments at the National and Provincial spheres.
9. Term of Office
The term of office for a Ward Committee member will be five years,
which shall correspond and run concurrently with the term of the
council referred to in section 24 and 75 of the Municipal Structures Act
117 of 1998.
10. Powers and Functions
10.1 Ward Committees will exercise all functions delegated to them in terms
of Section 59 of the Local Government: Municipal Systems Act, 32 of
2000.
P a g e | 8
10.2 A Ward Committee must strive to give effect to the requirements of
section 5 of the Municipal Systems Act, 32 of 2000, as amended. Ward
Committee members will do this by:
(a) Informing members of their community about processes and
procedures they can use to contribute to the decision-making
processes of the Municipality;
(b) Assist members of their community to submit written or oral
recommendations, representations and complaints to the
Municipality;
(c) Assist members of their community to obtain responses to their
recommendations, representations and complaints;
(d) Informing their communities of council decisions or any other
matter that may affect them;
(e) Serving as a communication channel between the Municipal
Council and the community;
(f) Sensitising the community with regard to their rights to demand
openness and transparency in all municipal proceedings, the
right to the use and enjoyment of public facilities and the right of
access to municipal services; and
(g) Making the community aware of the duties they have to comply
with in order to receive municipal services, namely:
(i) To observe and respect the mechanisms and procedures
of the municipality;
(ii) Pay service fees, rates and levies;
(iii) To respect the rights of others;
(iv) To allow officials access to their property in order to
perform their municipal functions;
(v) To comply with the By-laws of the municipality; and
(vi) Being actively involved in community projects and actions
pertaining to poverty alleviation initiated by the Knysna
Municipal Council.
P a g e | 9
10.3 A Ward Committee may develop rules for conducting its internal
business within the ambit of this constitution, municipal policies and any
applicable legislation.
10.4 A Ward Committee may make recommendations on any matter
affecting its ward to the Ward Councillor, and through the Ward
Councillor to any other political structure of the municipal council.
10.5 A Ward Committee may not instruct the Ward Councillor on how to
vote on any matter which serves before the municipal council.
11. Delegation of Powers and Functions
11.1 Only those powers and functions consistent with this Constitution, the
policies of the Municipality and any applicable legislation may be
delegated to Ward Committees.
11.2 A Ward Committee or a member of a Ward Committee may not –
(a) Be delegated with executive functions;
(b) Perform executive and/or administrative functions on
behalf of a Ward Councillor, the municipal council and/or
municipal officials;
(c) Represent, or be requested to represent a councillor,
and/or the municipal council at any gathering;
(d) Issue any instructions to municipal officials; or
(e) Interfere with or obstruct a municipal official performing his
or her official duties or any activities sanctioned by the
municipal council.
11.3 The functional areas of ward committees are clustered according to
normal and ad hoc Activities as follow:
(a) Normal Activities
Functional Area 1: Attendance of formal scheduled ward
committee meetings by ward committee member.
Functional Area 2: Attendance of formal and scheduled
community and sector report back meetings by ward committee
member
P a g e | 10
Functional Area 3: Registering of operational service delivery and
other complaints by ward committee member.
Functional Area 4: Active involvement in ward based
development, monitoring and evaluation thereof by a ward
committee member
(b) Adhoc Activities:
Functional Area 5: Attendance of compulsory ward committee
training and capacity building programmes by ward committee
member.
Functional Area 6: Attendance and/or participation by ward
committee member in other official forums from other spheres of
government that is approved by that local municipality.
12. Activities of Ward Committees
12.1 The activities of the ward committees shall include the following:
(a) Organize and attend meetings of the ward committee, council,
community and sector consultation and feedback meetings;
(b) Receive and record complaints from the community within the
ward regarding service delivery, payment systems and provide
feedback on council`s responses;
(c) Visit relevant sector organizations and communities for the
feedback, intervention, networking, community mobilization,
conflict resolutions and other reasons;
(d) Participate in the stakeholder cluster forums;
(e) Being represented in the council`s study groups by their
chairpersons; and
(f) Coordinating ward programmes.
12.2 Participating in the IDP Review and Representative Forum through:
(a) Information gathering
(b) Identifying priorities/reprioritize/add projects
(c) Attending review exercises
(d) Serving on representative forum to liaise with residents
P a g e | 11
(e) Overseeing development projects emerging from IDP/Ward
based Integrated Development Plan; and
(f) Attending public IDP/Ward based Integrated Development Plan
Meetings
12.3 Participating in budget processes through
(a) Attending public hearing per ward
(b) Attending Mayoral Committee and Finance Committee
outreach programmes
(c) Discuss ward based budget with Ward Councilor and official
assigned to the ward; and
(d) Attend and make inputs into municipal budget meetings and
processes.
12.4 Participating in performance management functions through:
(a) Engage in performance review of IDP,
(b) Raise concerns regarding off-schedule capital projects and
service delivery requests, and
(c) Through IDP reviews provide written comments/feedback on the
level of proposed development and service delivery.
13. Meetings
13.1 Ward Committees must meet at least once a quarter, but preferably
once every two months
13.2 The date, time and place of Ward Committee meetings shall be
decided upon by a majority of the members, in conjunction with the
ward councillor and the administration
13.3 When organising meetings of a Ward Committee, the Administration
must-
(a) Ensure that all members of the Ward Committee receive at least
7days written or electronic (email, sms) notice of the meeting.
(b) Ensure that the notice of the meeting includes the date, time and
venue of the meeting.
(c) Ensure that an agenda, minutes of the previous meeting and any
other relevant documents reach Ward Committee members 2 (two)
days before the meeting date.
P a g e | 12
(d) Ensure that, where a ward committee meeting has been cancelled
and / or postponed, a notice is affixed to the door of the venue
setting out the reason for the cancellation and, where possible, the
new date and time of the meeting.
13.4 For the purposes of transacting its business, a Ward Committee must
form a quorum consisting of a simple majority of members of that Ward
Committee, or of the split committee, as the case may be.
13.5 All meetings of the Ward Committee will be open to the public
including the media, as observers only.
13.6 All other councillors of Knysna Municipality may attend a Ward
Committee meeting and in such event, must inform the Chairperson of
the relevant Ward Committee in advance that they wish to attend the
Ward Committee meeting.
13.7 Should the Ward Councillor not be available for a meeting of the Ward
Committee, the Ward Councillor may delegate in writing the chairing
of the meeting in his/her absence to any other Councillor, with the
written approval of the Office of the Speaker.
13.8 There shall be no voting on the issues discussed in a Ward Committee,
except on matters concerning its own internal procedures. Decisions
should be by consensus.
13.9 In the event of a vacancy in the office of Ward Councillor for a specific
ward, the Speaker or a councillor designated by the Speaker may act
as chair person of the Ward Committee.
13.10 No items from the agenda of the municipal council that are marked
confidential shall be discussed at a Ward Committee meeting.
13.11 Minutes of Ward Committee meetings shall be handled in the manner
prescribed by Schedule 3 of this Constitution.
13.12 The Chairperson of the Ward Committee must take reasonable steps to
regulate public access to meetings, and public conduct at meetings.
14. Special Meetings
The Ward Councillor may call a special or urgent Ward Committee
meeting when in his or her opinion it is necessary to do so, and must for
this purpose request the administration to ensure that all members of
the Ward Committee receive the notice of such a special or urgent
meeting at least 24 hours before the meeting. This should however be
P a g e | 13
in exceptional circumstances and be approved in writing by the
Speaker
15. Attendance of Meetings
15.1 A Ward Committee member may not be absent from a meeting of
the Ward Committee without a valid reason.
15.2 A apology, setting out the reason for the absence, must be submitted
to the Ward Councillor prior to the meeting.
15.3 If a Ward Committee Member fails to attend a Ward Committee
meeting without a valid explanation, the administration must inform
such a member in writing that another absence without a valid reason
will result in his or her membership being terminated;
16. Remuneration
16.1 No remuneration shall be payable to members of a Ward Committee,
besides any Out of Pocket expenses paid in terms of Council policy.
Such funds will be subject to taxation as determined by SARS
16.2 The Municipal Council may prescribe criteria and guidelines for
payment of Out of Pocket expenses of ward committee members.
Knysna Municipality will ensure that technical and administrative
assistance is provided to the ward committees, where possible.
16.3 Knysna Municipality will do their best to ensure that ward committees
have access to meeting venues and necessary equipment.
17. Resignation
(1) A Ward Committee member who intends to resign must send a
written letter of resignation to the Ward Councillor or to the
Office of the Speaker. The letter may be delivered either by
hand or sent by email.
(2) Where a Ward Councillor has received a letter of resignation, he
/ she must immediately forward it to the Office of the Speaker.
18. Vacancy
In the event of a possible vacancy in the Ward Committee, the second
highest nominee during the election process shall fill in the vacancy. If
there is no information, the Ward Councillor may in conjunction with
the Speaker, in compliance with Section 2 above:
P a g e | 14
(a) Invite organisations not currently represented to fill a specific
vacancy in the Ward Committee; or
(b) Call a community meeting to elect members from a sector /
geographical area; or
(c) Allow the represented structure to nominate a replacement.
19. Removal from Ward Committee
19.1 A member of a Ward Committee may be removed from office in the
following circumstances:–
(a) When he / she commits a breach of the Code of Conduct for Ward
Committee members referred to in Section 23 below;
(b) On written request from the structure he /she represent.
19.2 Termination of membership shall become effective on the date:
(a) The letter of resignation is received by either the Ward Councillor or
the Speaker, whichever is the earlier date;
(b) The written request from the structure he /she represents is received;
or
(c) The Speaker makes a decision to terminate membership.
20. Procedure to Remove a Ward Committee Member from Office:
The procedure to remove a Ward Committee Member must be fair
and reasonable and for this purpose a Ward Committee member may
only be removed from office where the procedure set out in the Code
of Conduct for Ward Committee members has been followed.–
21. Resolution of Disputes
Any difference or dispute arising between a Ward Councillor and a
Ward Committee member or members must be referred to the Speaker
of the municipality for resolution, and the decision of the Speaker will
be final and binding.
22. Dissolution of a Ward Committee
22.1 The municipal council reserves the right to dissolve a Ward Committee
by a majority vote if a Ward Committee fails to realize its objective.
22.2 A Ward Councillor may recommend to Council that the Ward
Committee for the ward she/he represents be dissolved. The Speaker
P a g e | 15
must conduct an investigation to determine whether the
recommendation is justified, and submit a report to Council for
consideration.
23. Code of Conduct
The Code of Conduct for Ward Committee Members contained in
Schedule 2 applies to every member of a Ward Committee and every
member will sign an undertaking to abide by the Code.
24. Amendment of this Constitution
The municipal council may amend this Constitution by resolution after
preferably obtaining the comments of all Ward Committees in the
municipal area at the time, provided that no such consultation needs
to take place during the two months preceding a general municipal
election and until the establishment of new Ward Committees, in which
case the municipal council may consult with the sectors and
organisations it deems fit.
P a g e | 16
Schedule 1
KNYSNA MUNICIPALITY
Procedure to Elect a Ward Committee
(In terms of Clause 4(1) of the Constitution of Ward Committees for the
Knysna Municipality)
1. INTRODUCTION
Due to the diversity of the wards demarcated in the Knysna Municipal
area, it is not possible to determine a uniform procedure for the
election of Ward Committees. For that reason, the procedure is
designed to ensure that the election of a Ward Committee for each
ward will facilitate compliance with the object of Ward Committees set
out in the Constitution of Ward Committees.
The general procedure for the election of Ward Committee members
may require the following steps:
(a) The holding of community meetings and the identification of
active organisations and sectors;
(b) Receiving nominations;
(c) Compilation of a list of nominations per ward;
(d) Submission of the lists to the Ward Councillors for comment;
(e) Submission to the Speaker;
(f) Publication of names of provisionally selected Ward
Committee members for public comment or objections;
(g) Consideration of public input;
(h) Submission of names of Ward Committee members per ward,
and any comment or objections received, to Council; and
(i) Council approval of the Ward Committee members
2. COMMUNITY MEETINGS
2.1 Community meetings will be held within the boundaries of each ward,
as far as possible;
P a g e | 17
2.2 Meetings will be chaired by the Ward Councillor, and in his or her
absence and with his or her permission, the Speaker or a properly
delegated councillor;
2.3 Community meetings will be held at a time that is convenient to the
community.
2.4 Other Councillors may attend community meetings as observers, but
may only participate in the proceedings with the prior approval of the
Ward Councillor concerned;
2.5 At the community meeting the community will be requested to identify
the sectors, or geographical areas (which may not exceed 10 in
number) that should be representing the interests of the ward on the
Ward Committee, in accordance with Constitution of Ward
Committees; and
2.6 Only persons residing in the particular ward may participate in the
process of identifying organisations and sectors at the community
meeting.
3. NOMINATION OF REPRESENTATIVES
Within 3 days after the community meeting referred to in paragraph 2,
the Municipality must notify the organizations and sectors in writing that
they have been identified as representing the sector in a particular
ward. Within 10 days of being so notified, the organisations or sector
identified at the meeting must provide the names and particulars of at
least two nominated representatives, in order of preference, to the
Municipal Manager (or a delegated official), provided that:
(a) The nominees qualify to serve as Ward Committee members in
terms of Clause 8 of the Constitution of Ward Committees;
(b) At least one of the nominated representatives is a female; and
(c) The nominees indicate their acceptance of the nomination in
writing
4. CONFIRMATION OF NOMINATIONS WHERE POSITIONS ARE NOT
CONTESTED
4.1 The official designated (the official) in terms of Clause 3(1) of the
Constitution of Ward Committees must compile a report containing a
list of all nominations for Ward Committee members received in respect
P a g e | 18
of each ward and submit the list to the Ward Councillor concerned for
his/her comments and recommendation.
4.2 The official must submit the report together with the comments and
recommendations of the Ward Councillor to the Speaker.
4.3 The Speaker:
(a) Must consider the nominations and the comments and
recommendations of the Ward Councillor;
(b) Must establish a representative Ward Committee for each ward
from the nominations received;
(c) May consult with an organisation or sector regarding the
nomination of a representative on the Ward Committee for the
organisation or sector; and
(d) Compile and confirm a list of accepted Ward Committee members
accepted for each ward and publish such list in the local press for
public comment and/or objections, upon Council approval
5. ELECTION PROCEDURE WHERE POSITIONS ARE CONTESTED
Where more than one nomination is received from a sector in a ward:
(a) The Ward Councillor calls a meeting in the ward for the election of
Ward Committee members
(b) The meeting votes by majority vote (50% plus one) for a
representative from a particular sector.
(c) In the event that no candidate receives a majority vote, the
meeting votes again, but only the two candidates who received
the most votes in the first round of votes are eligible for election in
the second round of votes.
(d) If no candidate receives a majority vote in the second round of
votes, a report will be submitted to Council and Council will vote by
majority vote.
Where a candidate is elected in terms of this paragraph, the procedure set
out in paragraph 4 must be followed.
6. PROCEDURE WHERE NO NOMINATIONS ARE RECEIVED
P a g e | 19
In the event that no nomination for a Ward Committee member is received
from an identified organisation or geographical area in a ward, the Speaker
shall report the matter to the Council for consideration.
7. OBJECTIONS
All objections and comments received in connection with the names of Ward
Committee members must be considered by the Municipal Council and the
decision of Council regarding the composition of the Ward Committee will be
final.
An objection against the confirmation of a person as Ward Committee
member shall not affect the confirmation of the other members of the same
Ward Committee by Council, or the proceedings of such Ward Committee,
provided that the remaining members are four or more in number.
P a g e | 20
Schedule 2
Knysna Municipality
Code of Conduct for Ward Committee Members
Preamble
All Ward Committee members must abide by this Code of Conduct, which
requires them to serve the interest of the sector or geographical area they
represent, and also to serve the community at large.
Ward Committee members serve on the Ward Committee as a resource to
the Ward Councillor, who is elected to champion the developmental needs
of their community in the Knysna Municipal Council. The prime function of
Ward Committee members is to represent the interest of a sector or
geographical group in the Ward Committee. Members of Ward Committees
represent their sectors or geographical areas to whom they are expected to
provide regular report back and obtaining inputs and mandates from their
sectors/geographical areas to advise the Ward Councillor.
1. General conduct of Ward Committee Members
(a) A Ward Committee member must:
(i) Perform his or her functions within the Ward Committee in
good faith, honestly and in a transparent manner.
(ii) At all times act in the best interest of the community in
collaboration with the Councillor, always maintain the interest
of the sector or geographical area he or she is representing.
(iii) At all times act within the framework espoused in the White
Paper on Transforming the Public Service, also called “Batho
Pele” – People First.
To this end, Ward Committee Members must always strive to:
(iv) Involve their sector or geographical area in consultative
processes pertaining to municipal governance;
(v) Ensure that their sector or geographical area has access to
information pertaining to municipal governance, including
the minutes of Ward Committee meetings;
P a g e | 21
(vi) Act in a transparent manner and share information on the
operation of the Ward Committee.
(b) A Ward Committee member must always conduct him or herself in
such a manner not bring the Ward Committee and/or the municipal
council into disrepute.
(c) A Ward Committee member who has a direct or indirect financial
interest in any matter serving before a Ward Committee must
recuse him or herself from such discussion, unless that interest is the
same as that of any other person in the ward.
2. Meetings of the Ward Committee
A Ward Committee member:
(a) Must strive to attend all meetings of the Ward Committee;
(b) May not miss Ward Committee meetings, except if prior notice of
such absence has been given to the Ward Councillor;
(c) Inform the Ward Councillor if he or she is unable to attend a
meeting and state the reason for the inability to attend;
(d) Liaise with his or her sector or geographical area prior to each
Ward Committee meeting, so that issues tabled at these
meetings are informed by input from the broader sector; and
(e) Provide feedback to his/her sector or geographical area on
matters raised at Ward Committee meetings as well as on other
municipal matters.
3. Breaches of the Code of Conduct
The following actions may constitute a breach of the Code of Conduct:
(a) Fails to attend the prescribed number of meetings without a valid
reason;
(b) Fails to represent his or her sector or geographical area
adequately.
(c) Does not account to his or her sector or geographical area, as
may be required by the rules and Constitution of the relevant
constituency;
P a g e | 22
(d) If a Ward Committee member brings the Ward Committee into
disrepute.
(e) A Ward Committee member interferes with a municipal official
performing his or her official duties or any activities sanctioned by
the municipal council.
(f) If a Ward Committee Member is in arrears of Municipal Services
for longer than 3 months without an acceptable arrangement.
4. Procedure for breach of the Code of Conduct
4.1 The Ward Councillor, as the chairperson of the Ward Committee, must
investigate and make a finding on any alleged breach of the code of
conduct by a Ward Committee member. A sub-committee comprised
of two Ward Committee members may assist the Councillor in the
investigation.
4.2 The investigation conducted by the Ward Councillor must include
giving the Ward Committee member an opportunity to state his / her
case.
4.3 The finding and recommendation of the Ward Councillor in terms of
Clause 4.1 must be reported to the Speaker.
4.4 The Speaker must consider the finding and recommendation of the
Ward Councillor and thereafter make a decision regarding an
appropriate sanction.
4.5 The Speaker has the delegated authority to terminate a Ward
Committee member’s membership for a reason set out in the
Constitution and Code of Conduct of Ward Committee Members and
after the procedure set out above has been followed.
4.6 A decision taken by the Speaker in terms of this section must be
reported to Council at the next ordinary sitting thereof.
4.7 The date of termination of a Ward Committee Member’s membership
for a breach of the Code of Conduct for Ward Committee Members
shall be the date of the Speaker’s decision.
4.8 Any disciplinary steps which include the investigation by the councillor
for the breach of the code of conduct must be taken within 30(thirty)
days after the Ward Councillor became aware of such breach.
P a g e | 23
(5) Declaration
Declaration
I …………………………………………………………………. (Name & surname)
…………………………………………..(ID no) declare that I have read the Code
of Conduct for Ward Committee members, that I understand it and that I
agree to be bound to it in the execution of my duties and the performance
of my functions as a Ward Committee member.
Signature:……………………………………………………………………………………
Date: …………………………………………………………………………………………
Ward number: ……………………………………………………………………………..
Address: ……………………………………………………………………………………..
Contact Details: ……………………………………………………………………………
P a g e | 24
Schedule 3
Knysna Municipality
Handling of Ward Committee Meetings Minutes
(In terms of clause 13 of the Constitution of Ward Committees for the Knysna
Municipality)
1. The Standard Operational Procedures with regard to Ward Committee
minutes should be as follows:
(a) Public participation department is responsible for all logistical support
with regard to arranging Ward Committee meetings;
(b) Public Participation shall develop action minutes of the particular Ward
Committee meeting within 3 working days after it has been held.
(c) The minutes must be forwarded to Ward Councillors for approval and
shall be copied to the Office of the Speaker for record purposes.
(d) A feedback meeting on the action minutes of Ward Committees must
be arranged (if required) by the Office of the Speaker between the
Administration and the relevant Ward Councillor, within 5 working days
after the correctness of the ward committee minutes has been
confirmed.
(e) If required before the next ward committee meeting, another follow up
meeting shall be arranged by the Office of the Speaker with the
administration to provide the ward Councillor with an
update/feedback.