National Certificate: Ward Committee Governance -57823 ... · LEARNING UNIT: 242892 Display an...

LEARNING

UNIT:

242892 Display an understanding of the Constitution, structure of Ward

Committees and the roles and responsibilities of committee

members

CREDITS: 06

NQF LEVEL: 02

Module: 05- Display an understanding of core municipal functions and Ward Committee in

these functions.

LEARNER GUIDE

National Certificate: Ward Committee Governance -57823

CREDITS: 120

NQF LEVEL: 02

242892

US: 242892 Display an understanding of the Constitution, structure of Ward Committees and the roles and responsibilities of committee members Page | 2

Learner guide Date of review: June 2015

able of

SECTION A: PROGRAMME/MODULE INFORMATION

1. Introduction

2. Module Introduction

3. Purpose of the Module

4. Duration & Notional Hour Grid

5. Programme delivery structure

SECTION B: LEARNING MAP

1. Purpose

2. Specific Outcomes

3. Learner Support Pack

4. Formative Assessment

5. Summative assessment

6. Module:

SECTION C: SELF-REFLECTION

Addendums: Templates

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Table of Contents

SECTION A: PROGRAMME/MODULE INFORMATION .............................................................................6

1.Introduction .......................................................................................................... Error! Bookmark not defined.

Assessment ......................................................................................................................................................... 8

1ST SEMESTER ...........................................................................................................................................9

NOTES TO THE LEARN ............................................................................................................................ 10

Learner Guide Introduction ......................................................................................................................10

SECTION B: LEARNING MAP .................................................................................................................. 11

Purpose ............................................................................................................................................................. 11

Recognition of Prior Learning (RPL) ........................................................................................................12

Range of Learning ...................................................................................................................................12

Learner Support Pack ..............................................................................................................................12

Responsibility ...........................................................................................................................................13

Learner Support .......................................................................................................................................13

Assessment .............................................................................................................................................14

Essential Embedded Knowledge of: ........................................................................................................19

Critical Cross Field Outcomes .................................................................................................................19

SPECIFIC OUTCOME:1 DESCRIBE AND EXPLAIN LEGISLATIVE PROVISIONS AND GUIDELINES RELATING TO THE ESTABLISHMENT AND FUNCTIONING OF A WARD COMMITTEE. .................. 20

FORMATIVE ASSESSMENT..................................................................................................................... 51

Role play ..................................................................................................................................................51

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Activity:1 ..................................................................................................................................................51

Describe the experience after the 2000 local elections in relation to the municipal and Ward Committee context? (SO 1, AC 1).............................................................................................................................51

Project ......................................................................................................................................................52

GroupActivity:2 ........................................................................................................................................52

Explain the national guidelines? (SO 1, AC 2) .......................................................................................52

SUMMATIVE ASSESSMENT .................................................................................................................... 53

Simulation ................................................................................................................................................53

ACTIVITY1 ...............................................................................................................................................53

Explain the efficacy of Council resolutions to establish Ward Committees? (SO 1, AC 4) ....................53

2.4THE ROLE OF WARD COMMITTEE MEMBERS IS UNDERSTOOD AND EXPLAINED WITH EXAMPLES. (SO 2, AC 4) ........................................................................................................................ 69


Role play ..................................................................................................................................................71

Activity:1 ..................................................................................................................................................71

Describe the composition of Ward Committees according to national guidelines? (SO 2, AC 1) ..........71

Project ......................................................................................................................................................72

GroupActivity:5 ........................................................................................................................................72

Explain the role of the Ward Councillor is understood examples? (SO 2, AC 2) ...................................72

Research PROJECT......................................................................................................................................... 72

Activity:6 ..................................................................................................................................................72


Simulation ................................................................................................................................................73

ACTIVITY2 ...............................................................................................................................................73


Role play ..................................................................................................................................................83

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Activity:7 ..................................................................................................................................................83

Explain the authority to make rules for convening meetings, nominate and elect ward counsellors in the context of Ward Committee functioning? (SO 3, AC 1) ..........................................................................83

Project ......................................................................................................................................................84

GroupActivity:8 ........................................................................................................................................84

Describe the typical candidate nomination and election procedures and evaluated in relation to Ward Committee functioning? (SO 3, AC 2) ....................................................................................................84


Simulation ................................................................................................................................................85

ACTIVITY3 ...............................................................................................................................................85

REFERENCES ........................................................................................................................................... 87

SECTION C: SELF REFLECTION ............................................................................................................ 88

SELF-ASSESSMENT ................................................................................................................................ 90

LEARNER EVALUATION FORM .............................................................................................................. 91

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SECTION A: PROGRAMME/MODULE INFORMATION

1. Introduction

The learning experiences are designed to enable the learners to master the learning

content at the appropriate level.

The Learner Pack for this module contains the following documents/prescribed books:

Learner Orientation Guide

Learner Guide

Prescribed Material

Portfolio of Evidence

Logbook

2.Module Introduction

The module introduction with the facilitator will cover:

Overview of the module, including tasks and activities - expectations

Timetable

The Learner Guide

The Learner Portfolio of Evidence

Assessment: The importance of completing all tasks in the PoE; the neat and orderly

submission of evidence in the PoE; all forms completed and signed

Exit leaning outcomes Component

The Summative Assessment

Programme Assessment timetable schedule

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3. Purpose of the Module

UNIT STANDARD NUMBER:

242892 Display an understanding of the Constitution, structure of Ward Committees

and the roles and responsibilities of committee members

LEVEL ON THE NQF:

02

CREDITS:

06

FIELD:

Field 03 - Business, Commerce and Management Studies

Sub Field:

Public Administration

PURPOSE:

Describing and explaining legislative

provisions and guidelines relating to

the establishment and functioning of

a ward committees.

Describing ward committee

membership, composition and roles.

and explaining the

process to nominate and elect the

members of a ward committee.

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Each learning unit has its own learning outcomes and learning activities indicating what

you will achieve in that learning unit.

Assessment

Formative Assessment (during the learning process) will be conducted throughout the

learning events by completing the activities included in this learner guide.

Summative Assessment (at the end of the learning process) will be conducted based

on the assessment criteria of the relevant unit standard.

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2RD Semester

Quadmester system divides the academic year into four terms, up to 12 weeks each, and generally

counts the summer as one of the terms

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Notes to the Learn

Learner Guide Introduction

Dear Learner,

Welcome to this Learning Programme. We trust that this Learning

Programme will be of great value to you during your studies and in your

future career.

To succeed in anything in life requires a lot of hard work.

It will be expected of you to work through this study guide with a great

deal of attention. It provides you with information on how to work

through the material, details exactly what will be expected of you and

what objectives you need to achieve during the study of this Learning

Programme. You will have to:

Complete your assignments with dedication and submit them in time.

Complete the self study sections for your own benefit. The self

study sections provide you with the opportunity to practice what you

have learnt.

Act as adult learners.

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SECTION B: LEARNING MAP

Purpose The purpose of this unit standard is to facilitate learning and to ensure

that learners are able to cope with learning in the context of

learnerships, skills programmes and other learning programmes. Many

adult learners in the FET band have not been in a learning situation for

a long time, and need learning and study strategies and skills to enable

successful progression. Learners competent at this level will be able to

deal with learning materials, to access and use useful resources, to

seek clarification and help when necessary, and apply a range of

learning strategies. They do this with an understanding of the features

and processes of the workplaces and occupations to which their

learning programmes refer.

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Recognition of Prior Learning

(RPL)

RPL is a way of recognising what you already know and can do. You

can receive recognition of existing competency regardless of where,

how and when it was acquired.

For RPL assessment, you need to submit evidence of a skill or

experience. This can be done by compiling a portfolio, being

interviewed, giving a practical demonstration, completing a project, or

by writing a formal ‘test’.

Range of Learning

This describes the situation and circumstance in which competence

must be demonstrated and the parameters in which the learner

operates.

Learner Support Pack

Every learner will receive at least the following resources during this

Learning Programme:

Learner Guide.

Learner Workbook.

The learner workbook must be used in conjunction with this learner

guide for developmental and formative assessment activities.

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Responsibility The responsibility of learning rests with you, so . . .

Be proactive and ask questions.

Seek assistance and help from your facilitator, if required.

Learner Support

Please remember that as the programme is outcomes based – this

implies the following:

a) You are responsible for your own learning. Make sure you

manage your study, research and portfolio time responsibly.

b) Learning activities are learner driven. Make sure you use the

learner guide and workbook in the manner intended, and are

familiar with the portfolio guide requirements.

c) The facilitator is there to reasonably assist you during contact,

practical and workplace time of this programme – make sure

that you have his/her contact details.

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Assessment

How will I be prepared for assessment?

During the programme developmental activities will be conducted to

assist you in preparing for final assessment. For your own benefit,

make sure that you participate fully in all the developmental and

formative assessment activities!

What will I finally be required to do for assessment?

Final assessment will be conducted on the following submission of

evidence:

Knowledge questionnaire.

Portfolio of evidence.

Structured interview.

What will be assessed in the above?

All assessments are conducted strictly in accordance with the unit

standard requirements. Assessment is a way of measuring what you

know and are able to do. When you have learnt something, you should

be able to apply what you have learnt. You may be assessed when you

are sure that you are ready to be assessed. If you do not achieve the

standard the first time, you can be coached or trained further and then

be assessed again later. You will be assessed in a number of ways and

at regular intervals. You will also sit a formal examination at the end of

your studies.

When do I start preparing for assessment?

Right from the start – make sure you are familiar with the assessment

guide/portfolio guide, and start preparing and collecting evidence from

the onset of the programme.

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Formative Assessment

In order to gain credits for this programme you will need to show an assessor that you are

competent in the unit standard. The activities in this programme are designed not only to

bring about your competence but also to prove that you have mastered competence. You

are required to create a file called your portfolio of evidence (POE) to show your assessor

that you have mastered the outcomes of the unit standard. Where you see the POE icon,

you must remove the worksheet from your learner guide and place it in your POE.

Summative assessment

Not all the specific outcomes will be formatively assessed during the programme or in the

workplace. The objective is to create independent and self-sufficient learners. This means

that you will also be required to do independent research and assignments outside the

training room. This work will also need to be presented in your POE. Your assessor and you

will conduct a pre assessment meeting to discuss the assessment process and how you will

collect evidence of your competence. When you are ready, you will advise your assessor that

you are ready for the assessment. The summative assessment activities are indicated at the

end of the learning guide. If your summative assessment is conducted using observation,

role plays or verbal assessment, place a signed copy of the checklists, once completed by the

assessor/assessment panel, in your POE.

ICONS

Icons Type of assessment Description

Formative knowledge

assessment:

This comprises of questions

to assess your knowledge.

You must obtain at least

80% in each assessment

criterion.

Self-reflexive assessment You will be required to

answer a few reflexive

questions.

Teamwork Self-Assessment

Form

After you completed this

course, you will be required

to assess your own

behaviour regarding team

work.

Work place experience After you completed this


to assess your own

behaviour regarding work

experience.

Project research After you completed this


to assess your own

behaviour regarding

reseach.

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SAQA ID: 242892 Display an understanding of the Constitution, structure of Ward Committees and the roles and responsibilities of committee members Page | 17


Instruction key

We will use the instruction key icons below. Pay attention to these icons.

Take note

Definition

Example

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Learning Map

LEARNING UNIT: 01-Describe and explain

legislative provisions and guidelines relating to the

establishment and functioning of a Ward Committee.

LEARNING UNIT: 02-Describe Ward Committee membership,

composition and roles.

LEARNING UNIT: 03-Describe and explain the process to

nominate and elect the members of a Ward Committee.

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Competencies

Essential Embedded

Knowledge of:

The legislation and guidelines relating to the establishment

composition and termination of ward committees.

Typical election procedures and the procedural and political

challenges involved.

The functions and roles of counsellors ward committee

members and other functionaries.

Critical Cross Field Outcomes

Describing and explaining legislative provisions and guidelines

relating to the establishment and functioning of a ward

committees.

Describing ward committee membership, composition and

roles.

Describing and explaining the process to nominate and elect

the members of a ward committee.

http://www.google.co.za/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=CqZN-kxFNGk-cM&tbnid=vtc2VWAr-EkR4M:&ved=0CAUQjRw&url=http://blogs.swa-jkt.com/swa/brianduffy/2013/08/14/drawing-knowledge/&ei=4qofUumAEMil0AWdvoHICg&bvm=bv.51495398,d.d2k&psig=AFQjCNE6u0u6yh3paTFZAzPZJ8_iWUvgEw&ust=1377893464378054

http://www.google.co.za/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=Zzb39Jt1ArQIAM&tbnid=xfPH4oExiUsLaM:&ved=0CAUQjRw&url=http://www.businesswest.co.uk/business-solutions/skills-for-business&ei=g6ofUtqeCcaZ0QX6xYHgDw&bvm=bv.51495398,d.d2k&psig=AFQjCNFB7YXd9GLJ5TBhCBl5j-ePjWm7Vw&ust=1377893191425707

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SPECIFIC OUTCOME:1 Describe and explain legislative

provisions and guidelines relating to the establishment and

functioning of a Ward Committee.

Learning Outcomes

On completion of this section you will be able to: Describe and

explain legislative provisions and guidelines relating to the

establishment and functioning of a Ward Committee.

Assessment Criteria

Experience after the 2000 local elections are described in relation to the municipal and Ward Committee context. (SO 1, AC 1)

The national guidelines are explained with examples. (SO 1, AC 2)

Municipal by-laws and frameworks for Ward Committees are described with examples. (SO 1, AC 3)

The efficacy of Council resolutions to establish Ward Committees are discussed with examples. (SO 1, AC 4)

Other roles and responsibilities of Ward Committees are discussed with examples. (SO 1, AC 5)

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1.1Experience after the 2000 local elections are described in

relation to the municipal and Ward Committee context. (SO 1,

AC 1)

The Constitution and Municipalities

The Municipal Council is the executive and legislative authority of a municipality.. It has the

right to govern the local government affairs of its community, subject to national and

provincial legislation, as provided for in the Constitution.

The Constitution also requires that the three spheres of government engage with each

other in co-operative government. Section 154 specifically requires of national and

provincial governments to support and strengthen the capacity of municipalities. Provincial

departments of cooperative or local government monitor and support the work of local

government.

There are Constitutional limitations to describe the extent to which other spheres of

government can intervene when municipalities are unable to exercise their mandate.

Section 139 of the Constitution limits the powers that provincial governments have to

intervene in the affairs of local government. It says the provincial government can only

intervene when it is clear that the local government has not done what it was supposed to

do under the law.

Developmental duties of municipalities

The key duties of a municipality are to-

structure and manage its administration and budgeting and planning processes

to give priority to the basic needs of the community,

promote the social and economic development of the community; and

participate in national and provincial development programmes

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Laws and policies that govern local government

Municipal Demarcation Act 27 of 1998 - provides for the demarcation of

municipalities

Municipal Structures Act 117 of 1998 - sets out categories and types of

municipalities and provides for elections and other matters

Municipal Systems Act no 32 of 2000 - sets out systems within which

municipalities should operate and procedures that they should follow in their day-

to-day operations

Municipal Property Rates Act 2003 - regulates the power of a municipality to

impose rates on property; exclude certain properties from rating in the national

interest; make provision for municipalities to implement a transparent and fair

system of exemptions, reductions and rebates through their rating policies.

Municipal Finance Management Act, 2004 - provides for secure, sound and

sustainable management of the financial affairs of municipalities.

Government response to problems

To address the problems with service delivery and finances in local government, the

Presidency in 2010 adopted 'Outcome 9' for local government and the Minister and MECs

agreed to try and achieve the following by 2014: address 7 critical issues in order to

achieve the overarching goal or vision of a responsive, accountable, effective and efficient

local government system. The 7 critical issues are as follows:

1. Develop a more rigorous, data driven and detailed segmentation of municipalities

that better reflect the varied and capacities and contexts within municipalities and

lays the basis for a differentiated approach to municipal financing, planning and

support.

2. Ensure improved access to essential services

3. Initiate ward? Based programmes to sustain livelihoods.

4. Contribute to the achievement of sustainable human settlements and quality

Neighbourhoods.

5. Strengthen participatory governance.

6. Strengthen the administrative and financial capability of municipalities.

7. Address coordination problems and strengthen cross? Departmental initiatives.

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1.2The national guidelines are explained with examples. (SO 1, AC 2)

PUBLIC PARTICIPATION

Public participation means that citizens should be able to interact with government on

decisions that affect them. In a democracy, citizens vote for political leaders and

representatives of their choice.

Democracy should not end with elections, Government makes thousands of decisions that

need input from the people. For example many organisations and individuals make

representations to Parliament in public hearings’ when new laws are discussed. At a local

level municipalities should consult people on housing developments and the use of public

land.

Citizens have a right (and a duty) to have a say in the way in which the government should

work. Citizens also pay taxes and have a right to know how this money is being spent. If

people don't participate, the government may make decisions without hearing the opinions

of the people and as a result will not be transparent and accountable for their actions. This

can lead to the abuse of powers.

The Constitution says all spheres of government (national, provincial and local) have to

make it easy for people to participate in government. Section 118 (1)(a)(b)(i) and (ii) of the

Constitution deals with public access to, and involvement in provincial legislatures, and

Chapter 4 of the Local Government Municipal Systems Act is dedicated to community

participation.

So, from the above we can see that public participation is an important part of democracy,

and in particular for South Africa, because it makes the government -

open and accountable for its actions

Act on its promises (usually made in elections) such as political party manifestos,

policy speeches of Ministries of government departments, the Annual State of the

Nation Address (by the President).

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If you want to participate effectively you need to be properly informed which means:

knowing what is happening in your community and what the important issues are

knowing what is happening in your broader society

knowing what your legal rights are and where decisions will be made

How can you participate and influence decision making?

Here is a list of ways that you can participate and influence decision making:

Vote in elections

Participate in party politics

Organise, support and hold public demonstrations and campaigns

Petition local, provincial and national leaders

Lobby decision-makers (e.g. a municipal Councillor, Mayor, Speaker, Member of

Parliament or senior government official e.g. municipal manager, and participate in

decision-making processes, such as public hearings or public consultation

meetings.

Make written or verbal submissions to committees

Print and distribute leaflets

Use local radio and TV stations, or social media networks e.g. Facebook and

Twitter, ask to speak on television or radio

Refer complaints to appropriate institutions like the South African Human Rights

Commission (SAHRC), Commission on Gender Equity, the Public Protector, and the

Independent Directorate of Complaints (ICD) for police issues.

Engage ward committees, intergovernment fora, Budget, IDP and local consultative

fora at a local government level, in order to hold local councillors accountable and

encourage public participation in policy formulation and implementation.

People can also lobby constituency representatives of statutory institutions, such as

the National Economic Development and Labour Council (NEDLAC), South African

National Aids Council (SANAC) and other structures requiring public participation.

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Voting in elections

The Constitution gives everyone who is 18 years or older the right to vote – in secret - in

elections. The Electoral Amendment Act (No 34 of 2003) says a person who is a South

African citizen, has a green, bar-coded ID book, and is 16 years old can apply to register as

a voter, but if the application is successful, their name can only be placed on the voter’s role

once he or she reaches the age of 18 years.

National and Provincial Elections were held in 1994, 1999, 2004 and 2009. Since 1994

Local Government elections were held in 1995, 2000, 2006 and 2011.

National and Provincial Elections

South Africa's national and provincial elections take place every five years.

Voters vote for a political party, not individuals. The political party then gets a share of seats

in Parliament in direct proportion to the number of votes it got in the election. Each

party then decides on members to fill the seats it has won. This is called a proportional

representation (PR) voting system.

Democratic national and provincial elections have taken place every five years starting in

1994.

Voters are registered to a voting district (VD) and appear on the voters roll only at the voting

station in that VD. Special votes are allowed before elections for people who are travelling

outside the countryon election day or those who are disabled, infirm, elderly, or heavily

pregnant. Prisoners are allowed to vote in national and provincial elections.

Municipal Elections

Municipal elections take place every five years. A mixed or hybrid system, making use of

both the ward system (a constituency system) and the proportional representation (PR)

system, is used for municipal elections. The first democratic municipal elections took place

in 1995/6, and the first municipal elections run by the IEC took place in 2000.

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There are 3 types of Municipal Councils in South Africa:

Category A: Metropolitan Councils;

Category B: Local Councils (LC); and

Category C: District Councils (DC) (have executive and legislative powers in areas

that include local municipalities)

For metropolitan municipalities, there are 2 types of elections and ballots:

Metropolitan council ward, and

Metropolitan proportional representation.

In all local municipalities other than metropolitan municipalities, there are 3 types of

elections and ballots:

Local council ward;

Local council proportional representation; and

District council proportional representation.

Municipal By-Elections

By-elections take place within 90 days after a municipal ward council seat becomes vacant

due to death, expulsion or resignation of a ward councillor.

Special votes: Municipal elections

A special vote allows a registered voter, who can't vote at their voting station on

Election Day, to apply to vote on special vote day before Election Day.

Lobbying (campaigning, petitioning)

Lobbying means trying to influence or persuade individuals or groups with decision-making

powers, such as people who make policy or laws, to support a position you believe is right

or to take certain action. Organisations and individuals can lobby to directly influence

decisions being made in all spheres of government.

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Who can you lobby?

In the work you and your organisation does it is important to identify people whose co-

operation or influence you need to help you with your work. These are usually decision-

makers or key role-players. So, you lobby people who have the power to take action to

support the needs and interests of those who do not have direct power and influence.

Lobbying can be used to influence anyone with power, for example:

Parents can lobby the school governing body to provide after care at school

Civics can lobby the police commissioner to have more police on duty at night

HIV and AIDS activists and support organisations can lobby the President to provide

affordable treatment for people who are HIV positive

Civics can lobby local councillors to pass a by-law that says everyone should be

given access to electricity

Organisations can lobby members of parliamentary standing committees, cabinet

ministers and heads of government departments to influence them in policy and law-

making

The two main categories of decision-makers and role-players that you can target are people

who support your cause and people who oppose you.

Timing of lobbying (campaigns and petitions)

Make sure you understand where, when and how a decision will be made. Find out what

rights you have in terms of public participation. Building good relationships with

decision-makers and key role-players

One of the most important parts of lobbying is building relationships with people that you

are planning to engage, in other words, decision-makers and key role-players. (See

Petitioning and lobbying for examples of these). The stronger the ties of trust, mutual

support and credibility between you and the person you are lobbying, the more effective

your action will be.

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These are some guidelines to building good relationships with key role-players -

Provide useful, accurate, context specific and truthful information

it is important for you and your organisation/network to understand and identify

issues of protocol and to raise issues with the appropriate office first. For example,

if there is a problem at a clinic, first raise this with the head of the clinic, then the

area manager, then the provincial or district authority and finally with the MEC for

Health, rather than the other way around. When making a submission to the

municipal council, provincial legislature or Parliament – it is protocol to take the

issue to the relevant decision making body to consider, rather than going to the

media first.

It is important to identify the group/constituency you represent and. to have affected

persons, community representatives participate where possible in the

submission/presentation..

Recognise what the person you are lobbying has done to benefit the community. So

start with a positive and encouraging comment.,

o Offer to help with issues that they care about (so long as it doesn't conflict

with your own interests), for example, helping to spread information.

o Establish ways to work together in the future. Promote win-win solutions

where the people you represent as well as the decision-makers gain

something positive.

Keep in regular contacts and don't be impatient if nothing happens immediately.

Follow up in writing with those you made a petition/submission to, thank them for

their consideration, repeat what you have requested/called for and ask, if needed,

when you can meet again.

Keep the community or interest groups informed of latest developments.

Ensure that they own the lobbying strategy and can be sustain it

Keep the media informed about any changes or developments that may affect the

issue

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EXAMPLE

You want your Municipality to test the drinking water of your community. A local factory has

been pumping their waste into the water and it has been making people sick. You will have

more chance of someone cooperating with you if you provide them with accurate

information, for example by showing them a record of the illnesses in the last month in the

affected area (get these from a clinic or hospital) or providing evidence of the company

dumping waste in the water. If you are knowledgeable in a certain field, offer to assist and

to help solve the problem.

Types of lobbying

There are many different ways of lobbying, campaigning and petitioning. It is important that

the different lobbying activities around an issue are co-ordinated to make sure they have

the greatest impact. It is important that strategic thinking precedes your action.

These strategies can broadly be categorised into 2 groups:

Inside lobbying

Outside lobbying

Inside lobbying

Inside lobbying includes a mix of the following:

Holding meetings with decision-makers, such as local council representatives and

members of parliament for your area

Providing information to role-players, committees and government officials

Making submissions to committee meetings/public hearings

Attending hearings where policy is discussed

Negotiating with decision-makers and other lobby groups

Writing formal letters stating your position

Submitting petitions to relevant committees

Having discussions with people in informal situations, for example, before or after

meetings, during social occasions

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Outside lobbying,

If inside lobbying is not effective, you should mobilise more support for your issue through

outside lobbying for example:

Speaking to the media, holding news conferences, visiting news editors, helping

reporters with stories

Building alliances with other organisations

Public letter-writing campaigns

Public campaigns such as rallies and demonstrations

Methods of lobbying

The following is a summary of methods you can use for lobbying:

Social media

Meetings

Ask if you can have a face-to-face meeting to present your case. Visit the person in their

office or invite them to attend a meeting in the community. Always state clearly why the

meeting is important and give them an agenda and a list of possible outcomes from the

meeting. Remember, to say what is in it for the decision-maker, for example, "This

meeting will provide you with the opportunity to make direct contact with more than 100

people from the community and to hear their concerns on the issue”

Write letters,

Letters, emails and sms messages are the easiest method to use to lobby but they are not

always the most effective. Many people in positions of power have administrative staff who

read their mail and sms messages and summarise it for them. It is always advisable to call

a meeting with decision makers, after writing these letters.

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It is important that the different activities around an issue are co-ordinated to make sure

they have the greatest impact. So, for example, civil society organisations worked together

on the Right to Know Campaign in 2011 to raise concerns about he Protection of

Information Bill.. Simultaneous inside – and outside lobbying, campaigning and petitioning,

delayed the passing of this Bill and helped to address strong concerns from various civil

society organisations and the media.

Ask for an on-site inspection or surprise visit

Invite decision-makers to come and make on-site inspections if appropriate. For example,

get the person to come and look at the condition of a school. Committees of Parliament

have scheduled site visits that can be used to arrange engagements with affected

communities or organisations.

Elected officials and municipal officials are the closest to people. Visits and meetings can

be arranged more easily with this sphere of government. For example, to invite an official or

councillor to explain the budget to a ward committee or organised group in your area.

Informal talks

Talk informally to committee members and decision-makers during tea breaks, etc.

Introduce yourself and share your opinions.

Private meetings

Organise meetings with national and provincial ministers, or mayors and their advisors, and

local councillors to explain your position.

Public meetings

Attend and observe parliamentary committee debates / local council meetings

Petitions

Petitions can be used to show how much popular support your issue has. You can use a

petition to get as many signatures as possible from people in the community or you can get

a smaller number of key individuals or organisations to sign a petition in support of your

submission.

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Public hearings

When a bill is tabled in parliament, public hearings are often held where the public can

make their submissions to the parliamentary committee dealing with the issue. This is a key

moment to get the policy or law changed.

Telephone calls, Facebook, Twitter, SMSing + other social media networks

Get as many people as possible to telephone the decision-maker. Also use sms, faxes and

e-mail, Facebook and Twitter if possible. Try and get influential and well-known people to

telephone. If you cannot speak to the decision-maker, leave a clear message, for example,

We are phoning to object to the council closing the local health clinics.

Use the media

Use radio, newspapers and TV to tell your story. Publicity is a very powerful way of

persuading someone to take certain action. It always helps to make individual contact with

a reporter who is prepared to follow the issue through.

Make submissions

If formal submissions to committees are unsuccessful, you can also make the submission

via an influential member, such as a parliamentary member or a member of a local council

committee. You can make a submission to draw attention to an issue or to try and influence

the policy and law-making process.

Use the legal system

Take a case to court or to one of the human rights commissions set up under the

Constitution to investigate claims of human rights abuses. This is usually the last resort,

when all avenues of lobbying have failed , and where there has been a failure to address an

issue for a long period, or where drastic intervention is needed. This is called public interest

litigation.

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EXAMPLE

The following example shows the lobbying role played by an NGO or civil society network

during the process of amending the Choice on Termination of Pregnancy Act:

Feb 2007 Women's health activists come together and develop draft

abortion policy proposal which is submitted to Department of

Health and the ad hoc Select Committee on Abortion

August 2007 NGOs mobilise the media and make their own submissions to the

public hearings

NGOs mobilize public opinion by running community workshops

on abortion reform.

NGOs form an alliance

March 2008 The alliance of NGOs lobbies parliament through the distribution

of pamphlets to parliamentarians and decision-makers and give

evidence to parliament in favour of abortion reform.

May 2008 Alliance collects data from focus groups to assess community

opinion on the Choice on Termination of Pregnancy Act.

Research helps in providing improved abortion access for

women.

July 2008 Parliamentary hearing on implementation of Act; Alliance

mobilises support from other organisations to give input for the

hearing

Guidelines to effective lobbying

These are some practical tips on how to lobby decision-makers and/or key role-players -

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1.3Municipal by-laws and frameworks for Ward Committees are described with

examples. (SO 1, AC 3)

The structures of a municipality

Each municipality has a council where decisions are made and municipal officials and staff

carry out the work of the municipality.

Composition of a municipality

Elected councillors

Elected members have legislative powers to pass by-laws and approve policies for their

area. By-Laws must not conflict with other National and Provincial legislation. They have to

pass a budget for the municipality each year and they have to decide on development plans

and service delivery for their municipal areas. This development plan is commonly known

as the IDP. (Integrated Development Plan) Councillors meet in committees to develop

proposals for council.

The mayor

The functions of the Mayor and Councillors are set by the Municipal Structures Act.

The mayor is elected by the Municipal council to co-ordinate the work of the Municipality.

The mayor is the political head of the Municipal Council and is assisted by the executive

committee or the mayoral committee.

The executive or mayoral committee

There are two systems for the appointment of an executive:

The executive mayor appoints a mayoral committee, or

The mayor works with an executive committee (exco) elected by the council.

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So, ‘the executive' refers to the executive mayor and the mayoral committee OR the mayor

plus the executive.

The executive or mayoral committee is made up of councillors with specific portfolios which

match the departments within the municipal administration, for example, health. The

executive and the mayor oversee the work of the municipal manager and department

heads.

The executive proposes policy and presents budget proposals to the whole council. The

executive is accountable to the council and has to get approval from the council. Once

policies and budgets are approved by council, the executive is responsible for ensuring that

the municipal administration implements them. Councillors play a monitoring and oversight

role in this process.

The municipal manager and municipal officials

The municipal manager is the chief executive officer and is the head of the administration of

the council. H/she is responsible for the overall functioning of the administration, for

managing the finances and for hiring and disciplining staff. Municipal council officials work

for the administration.

Ward committees

A ward committee can be set up for each ward councillor to assist and advise the councillor

and improve public participation. Ward committees can be set up in category A and B

municipalities where the ward committee model is being used.

Ward committees are mainly advisory committees which can make recommendations on

any matter affecting the ward within a Category B or Category A municipality. The municipal

council makes the rules that guide the ward committees. The rules say how the members of

the ward committee will be appointed, how often ward committee meetings will take place

and the circumstances under which a member of a ward committee can be told to leave the

committee.

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The purpose of a ward committee is to:

get better participation from the community to inform council decisions

make sure that there is more effective communication between the council and the

community

assist the ward councillor with consultation and report-back to the community

Advise the ward councillor on issues and development in the community..

Structure of ward committees

A ward committee consists of the councillor who represents the ward, as elected in the local

government elections a maximum of 10 people from the ward who are elected by the

community they serve. Women should be equally represented on ward committees.

The councillor is the chairperson of the ward committee. Members of the ward committee

must participate as volunteers and are not paid for this work.

Role of the ward councillor on the ward committee

A ward councillor is directly elected to represent and serve the people in a specific ward.

There are usually between 3 000 and 20 000 voters in a ward.

The ward councillor should make sure that the interests of the people in the ward are

represented as properly as possible. The ward councillor should be in touch with the issues

in the area, understand the key problems and monitor development and service delivery. In

committees, caucus and council meetings, the ward councillor should act as a

spokesperson for the people in the ward.

The ward councillor is the direct link between the council and the voters. H/she makes sure

that voters are consulted and kept informed about council decisions, development and

budget plans that affect them.

People can also bring their problems to the ward councillor and he/she should deal with

these in an appropriate way, for example, by taking up matters with council officials.

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Role of the ward committee

The main role of the ward committee is to make sure that voters are involved in and

informed about council decisions that affect their lives. The ward committees should be set

up in a way that it can reach most sectors and areas in the ward. The ward committee's

main tasks are to communicate and consult with the community in respect of development

and service plans.

It has no formal powers however to force the council to do anything. The council should

provide support, for example, providing publicity for meetings, giving financial support, to

enable ward committee to do their work.

Main tasks of ward councillors and ward committees

Ward councillors and committees must know their communities and the people they

represent. They should know:

who the people are in the ward (spread of age groups, gender, employment status)

what problems they experience and their needs

what their attitudes and opinions are towards council plans and proposals

the environment of the ward (types of housing, services provided or not provided, for

example, water, sanitation and electricity, schools, hospitals, clinics, shops,

markets, factories, places of worship, community halls, access to transport)

what is happening in the community (what organisations or bodies exist in the

community: political parties, cultural groups, civic forums, business, youth

organisations, women's organisations, NGOs, traditional leaders, gangs, crime,

sport, school governing bodies, etc)

Ward councillors and committee members can find out more about their communities

through general community meetings and direct consultation (going door-to-door and/or

conducting a survey).

They should also keep up to date with developments in the council in order to pass this

information on to people in their ward.

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In the 2008 Local Government Laws Amendment Act, an amendment of section 73 of

Act 117 of 1998 (Structures Act) was made to ensure that 'out of pocket' expenses (of ward

committee members) must be paid from the budget of the municipality in question.

Metro or local councils must develop a policy and determine criteria for calculating the 'out

of pocket' expenses and can allocate funds and resources to enable ward committees to

perform their functions, exercise their powers and undertake development in their wards

within the framework of the law.

The difference between councillors (elected representatives) and administration

officials/employees

The distinction between the roles of elected representatives (councillors), and municipal

employees (officials) is very important. Councillors are elected public representatives to

serve for a period of five years. Councillors are elected by the people onto a local council,

and only keep their positions if they are re-elected.

Officials or employees are appointed by municipal management to specific jobs within the

municipal administration, and are like any other employee in a job.. Senior officials, such as

the Municipal Manager, Chief Operating Officers, Director of Finance, Director of Housing

etc, should have employment contracts subject to annual performance. Their performance

agreements must be made public on the websites. Together they make up the

management of a municipality

Councillors give political direction and leadership in the municipality, depending on the

balance of power between the political parties elected to the council. Councillors and

officials determine the policies and direction of the municipality

Officials should have the knowledge and skills on the technical and specialised aspects of

municipal affairs. Councillors who don't have this knowledge have to rely on the reports of

officials to help them make decisions. Councillors have to weigh up recommendations from

officials with community needs and interests.

Once the council has reached a decision then officials are expected to carry these out in

the most efficient and cost-effective way.

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Links between the council and administration/employees

The main formal contact persons between councillors and the municipal administration are

the Executive Mayor and the Municipal Manager. There should also be an informal

relationship between each Mayoral or Executive Committee member and the matching

head of department within the municipal administration, for example between the councillor

responsible for health and the head of the health department.

There should be clear lines of communication and accountability, and separation of roles. A

councillor should not interfere in the management or administration of a department, for

example by giving direct instructions to municipal employees or interfering with the

implementation of a council decision. Officials may not try to unduly influence the council, or

provide it with misleading information.

Code of Conduct for Municipal Councillors

The Code of Conduct for Councillors is outlined in Schedule 1 of the Municipal Systems Act

of 2000, and an additional code inserted in 2002. The Code of Conduct refers to general

conduct, such as performing their functions of office in good faith, honestly and in a

transparent matter, at all times acting in the best interest of the municipality, without

compromising the credibility and integrity of the municipality.

Councillors must attend each meeting. Leave of absence is granted within the rules and

orders of the council. Councillors may be sanctioned for non-attendance. Councillors should

also disclose direct or indirect public or private business interest.

Personal gain - a councillor may not use their position or privilege as a councillor, or

confidential information obtained as a councillor, for private gain or to improperly benefit

another person. They cannot be party to, or beneficiary under a contract for the provision of

goods or services to the municipality, or the performance of any work otherwise than as a

councillor for the municipality; obtain a financial interest in any business of the municipality,

acquire a fee by appearing on behalf of any other persons before the council or a

committee.

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A councillor should within 60 days of their appointment or election, declare in writing their

financial interests that include shares and securities in any company, membership of a

close corporation, interest in any trust, directorships, partnerships, pension, interest in

property, subsidies, grants and sponsorship by any organisation, gifts above a prescribed

amount must be declared. Full-time councillors may not undertake any other paid work.

A councillor may not request, solicit or accept any gift for voting/not voting on any matter;

disclose privileged or confidential information; disclose any privileged or confidential

information of the council or committee to any unauthorised person.

Other than provided by law, may not interfere in the management or administration of any

department of the council unless mandated by council, give or purport to give any

instruction to any employee of the council except when authorised to do so, encourage or

participate in conduct that would cause or contribute to maladministration within the council.

A councillor may not use, take, acquire or benefit from any property or asset owned,

controlled or managed by the municipality to which that councillor has no right.

A councillor may not be in arrears to the Municipality for rates and service charges for a

period longer than 3 months.”

A code of conduct for municipal officials has not been prescribed by law as with the code of

conduct for councillors. However, in February 2010, Parliament began to work on a

Proposal to revise Code of Conduct for public officials.

Summary of the key principles

In summary, the Mayor and executive or mayoral committee are responsible for making

policy and monitoring outcomes, while the Municipal Manager is responsible for managing

the administration to implement policy and achieve the specified outcomes.

Councillors approve policy or amend budgets and priorities proposed by the

Executive or committees

Councillors pass by-laws that reflect their policies and objectives.

The Executive or mayoral committee sets the vision, mission and the outcomes and

outputs required of the administration.

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The Municipal Manager must carry out the instructions given by the Executive on

behalf of the council.

The administration must give the Executive regular reports on its activities.

The Executive checks that the Municipal Manager is carrying out his or her duties

under the employment contract.

The council monitors the performance of the Mayor and Executive.

A councillor cannot give an official a direct instruction to do something - this goes

against the lines of accountability.

Officials may not try to unduly influence the council, or provide it with misleading

information.

To avoid corruption, councillors and officials may not be in a business venture

together.

The Municipal Structures Act sets out codes of conduct for councillors (these codes apply

equally to traditional leaders).

How decisions are made in council

Most councils follow the same pattern of decision-making as follows:

Agendas are prepared before meetings and any committee reports, petitions or

motions have to appear on an agenda before they can be discussed.

Some reports appear on pink or green paper and that is classified as confidential.

When an issue comes up for discussion at a council meeting it is often referred to a

committee or to the executive for further discussion and a deadline is given for when

a report should be made.

If the matter is referred to a committee, the committee will report to the executive

committee. The executive will consider the issue and either support the

recommendations or put forward opposing recommendations to the council meeting.

The council then votes on the matter.

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Raising issues with council

There are many different ways that councillors (and the public) can raise issues with the

council. These are:

Petitions

Councillors or individuals are allowed to send petitions to the municipal manager. The

purpose of the petition is to inform the council and the administration that a large number of

people want something to be done, for example, if a law is not being applied properly.

Petitions are handed to the council secretary at the council meeting. The petition is usually

referred to the management committee that will then report to council. The officials send the

petition around to the relevant departments who will make recommendations to the relevant

portfolio or standing committees.

These committees then make recommendations to the executive. The executive discuss

the petition and then make recommendations to the council.

The councillor or group that has sent the petition must follow its progress by keeping in

contact with the relevant departments.

Questions to Council

Questions can be used to monitor council officials and get reliable information about council

policies and programmes. Questions can be sent in writing or asked during a meeting.

Written questions must be submitted 10 days before the council meeting that the officials

have time to prepare the answers.

Answers will often be given at the meetings themselves. The executive chairperson can

often answer a question verbally or provide a reply in writing. Any councillor can ask a

question about executive recommendations or decisions and any executive member can

make immediate verbal replies.

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Requests

Collective and individual requests are the easiest way to get information or to bring

problems to the attention of officials. When councillors table requests on behalf of their

constituency, this should be done in a manner that respects protocol. If by-laws exist to

address a request, then a positive response may be done quickly.

For example, if someone has a blocked water drain you can go to the relevant official and

make a request to get it fixed. But if you want something new in your ward and there is no

policy on this, then additional work and liaison and communication with other government

departments may be necessary.

1.4The efficacy of Council resolutions to establish Ward Committees are discussed

with examples. (SO 1, AC 4)

Collective agreements

Collective bargaining is employee and employer/s negotiating with each other about terms

and conditions of employment, to reach a collective agreement. The collective agreement

may have different conditions to those in the Basic Conditions of Employment Act (BCEA).

A collective agreement overrides any individual contract of employment.

Collective agreements can be of two kinds:

The Basic Conditions of Employment Act (BCEA) allows variation of certain

specified conditions in the BCEA through collective bargaining between a group of

employees represented by a registered union working of the same employer

(usually at one workplace) and the employer.

The Labour Relations Act allows centralised collective bargaining. Groups of

employees in the same industry or sector bargain with the employers in that industry

or sector.

The Act also allows for a Collective Agreement to be entered within an organisation

between a trade union and the employer.

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Workplace-based collective agreements

A group of employees working for the same employer (usually at one workplace) and the

employer negotiate and make a collective agreement. The collective agreement covers

terms and conditions of employment for that category of employees working for that

employer.

The BCEA says what things employees and employers are free to make collective

agreements about. For example, employees and their employer cannot collectively agree

that child labour will be allowed. Certain core rights cannot be altered. These include

normal working hours (45 hours) maternity leave, night work provisions etc.

A workplace-based agreement may have different conditions to those in the BCEA, as long

as they are more favourable to the employee than the BCEA. The BCEA sets out the

minimum conditions of employment. Any agreement must at least comply with all the

provisions of the BCEA. If an agreement breaks any part of the BCEA, it is not enforceable

and the BCEA conditions override the conditions in the agreement.

If the collective agreement does not cover certain terms and conditions of employment,

then those terms and conditions in the BCEA apply to the employees.

Notice to terminate a collective agreement must be given in writing.

A collective agreement can be made mandatory and applicable for all employees in a

bargaining unit (in other words, non-union members) if the registered trade union is a

majority union and the agreement specifies those employees to be covered by such

agreement.

Enforcement of a workplace-based collective agreement

If you are helping an employee with a problem which is covered by a collective agreement

under the BCEA, then you refer the problem to the CCMA or Bargaining council if you have

failed to solve the problem with the employer on your own. If there is disagreement over an

interpretation of a collective agreement or how it is being applied, then this can also be

referred to the CCMA or appropriate bargaining council for conciliation and final arbitration

in terms of Section 24 of the Labour Relations Act.

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Bargaining Council Agreements

A Bargaining Council Agreement is the outcome of centralised collective bargaining under

the Labour Relations Act.

A Bargaining Council Agreement sets out terms and conditions of employment for a

particular industry in a particular area. The Agreement covers things like minimum wages

(the lowest wages that an employer can pay an employee) and conditions of work (notice,

annual leave, sick leave, and so on), in a particular industry in a particular area.

The conditions in the collective agreement may be better for employees than those in the

BCEA. OR employees may agree to conditions less favourable than the BCEA provided

they do not affect certain core rights and the agreement is overly better for the employees

concerned.

How are Bargaining Council Agreements made?

Bargaining Councils are permanent structures. They are made up of representatives of

employers on the one hand and of trade unions on the other. The Labour Relations Act sets

out conditions for setting up Bargaining Councils. The two parties to a Bargaining Council

negotiate together to make a Bargaining Council Agreement which is reported in the

Government Gazette.

A bargaining council may ask the Minister of Labour in writing to extend a collective

agreement to any non-parties to the agreement, who are within the ’scope’ of the council.

If there is no Bargaining Council in a sector, unions or employer organisations can apply to

establish a Statutory Council under the Labour Relations Act. For a Statutory Council to be

introduced, the unions in that sector must represent 30% or more of employees in the

sector, and the employers' organisation must represent 30% or more of employers in the

sector.

Statutory Councils can negotiate education and training, benefit funds and dispute

resolution in the sector. In Statutory Councils, employers are not forced to negotiate over

wages and conditions of employment. A Statutory Council may become a Bargaining

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Council later. At present in South Africa (2011) only one statutory council has been created;

this is in the Printing and Packaging Industry.

Enforcement of a Bargaining Council Agreement

It is an offence for employers or employees working in a particular industry and area not to

obey the terms of the Bargaining Council Agreement. Any problems about any of the

working conditions in the Agreement must be referred to the Bargaining Council for

investigation. The Bargaining Council’s agents have powers of inspection similar to Labour

Inspectors in terms of the BCEA. Such agents can provide compliance orders where

employers are in breach of the council agreement.

Settling disputes under a Bargaining Council

The Bargaining Council also plays a role in settling disputes, such as unfair labour practices

or unfair dismissals in a particular industry. Disputes must be referred to the relevant

Bargaining Council for conciliation if a Bargaining Council exists in the Sector. The Council

appointed conciliators act as conciliators to try to help the two parties negotiate a solution. If

the conciliation does not resolve the dispute, either of the parties may refer the matter for

arbitration to the Bargaining Council which has its own accredited arbitrators.

The Bargaining Council dispute resolution procedure is similar to the CCMA dispute

resolution procedure. A Bargaining Council or CCMA Arbitrator may make an award

ordering the employer to pay unpaid annual leave for example, an amount owing, or make

an appropriate award.

1.5Other roles and responsibilities of Ward Committees are discussed with


Structures of local government and public participation in these structures

All the methods of public participation described under “How can you participate?’ can be

used at the local level of government.

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Structures of municipal councils



The municipality consists of:

The council - Elected members (councillors) who have legislative powers to pass by-

laws and approve policies for their area.

The mayor – who is elected by the council to co-ordinate the work of the council; the mayor

and /or executive committee act as the executive of the council. The mayor is assisted by a

mayoral executive committee.

The executive or mayoral committee - made up of councillors with specific portfolios which

match the departments within the municipal administration; they oversee the work of the

municipal manager and department heads.

The municipal manager - this is the chief executive officer who is head of the administration

of the municipality.

Municipal council officials - people who work for the administration.

Ward committees - Ward committees are mainly advisory committees which can make

recommendations on any matter affecting the ward. A ward committee consists of the

councilor and a maximum of 10 people from the ward who are elected by the community.

The Ward Committee therefore plays a very important role as a link between the community

and decision-makers. It provides important opportunities for public participation.

Ways of participating in local government

The most important opportunities for public participation at local level are through using

ward councillors and ward committees. The ward councillor is the direct link between the

local council and the public operating mainly through the structure of the ward committee.

It is the councillor’s responsibility to make sure that people are consulted and kept informed

about council decisions, development and budget plans and any council programmes that

will affect them. The Municipal Systems Act requires that municipalities take steps to

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ensure the participation of communities in decision-making. Section 16 of the Act considers

the following as key areas requiring community participation:

Assessing and approving the budget

Approving the budget is one of the most important functions of the council. The ward

councillor should not approve the budget until there has been proper consultation with the

ward committee and other stakeholders. So, ward committees play an important role in the

process and they should look carefully at all the parts of the budget that will affect the

people in their area. All members of the community have the right to observe the special

council meeting when the budget is debated and voted on.

Ward committees should also be given regular feedback on the 'cash flow' of the

municipality. 'Cash flow' means the movement of money into and out of the municipality's

bank account. Ward committees have a right to ask questions about how well the 'cash

flow' is being planned and monitored.

Planning and developing the Integrated Development Plan

Ward committees should work closely with the councillor and other community

organizations (community-based organizations and NGO’s) to identify priority needs and

make sure these needs are included in the budget proposals and Integrated Development

Plans.

Monitoring council activities on a regular basis

Ward committees should insist on regular reports and feedback on municipal projects and

services, either at ward committee meetings or at public hearings. If necessary they should

make constructive suggestions for improvement and if Ward committees should insist on

regular reports and feedback on municipal projects and services, either at ward committee

meetings or at public hearings.

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Performance management

The municipality must have clear goals and specific targets of what has to be done to make

sure the goals are achieved. Every department and staff member should be clear what they

have to do and how their performance will contribute to achieving overall goals and targets.

Performance management means that the performance of individuals, departments and the

municipality as a whole should be monitored to make sure the targets are met and that

resources are being used efficiently. Council should prepare a report for the ward

committee at least once a year that shows how it has performed in relation to their

objectives and the budget. This usually happens at the end of the financial year (July of

each year). The report and audited financial statements must be made available to the

public.

Direct advice and support

Councillors are the most direct form of access people have to government. Usually people

will turn to a councillor for direct advice and support. Once a problem has been referred to a

councillor, the person should demand to know what the councillor is doing or has done to

deal with the problem.

Ask for a councillor clinic to be set up

Request the councillor to set up a regular clinic on specific days at a certain place in the

community. This means the councillor must be available to see anyone from the community

at these agreed times. Advertise these dates around the community.

Lobbying

Communities can use their councillors to lobby committees, the Mayor and other spheres of

government.

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Attend public meetings and hearings

Attend public meetings called by the councillor, ward committee or council. Identify which

committees are making decisions about issues that concern you and attend public hearings

of these committees. These meetings are open to the public.

Use the media

Approach a local newspaper or community radio station and ask them to write or present a

story on an issue that concerns the community, explaining what role the municipal council

should play in dealing with the issue.

Get publicity and grow support

Hold public demonstrations and mobilise public support (avoid violence and damage

as you will lose public support with these actions)

Build partnerships, alliances, and networks amongst local organisations, civic

groups.

Planning and implementation of Municipal Service Partnerships

Ward committees and the community can play an important role in the following ways:

Help the municipality to decide on which services to develop and improve

Develop proposals (with the help of CBOs and NGOs) for council to consider

Have council appoint a committee of community representatives to monitor

processes and to advise the municipality on priorities for service development

Communities or their representatives can evaluate future service providers and monitor the

performance of those providing service.

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Formative assessment

Role play

Activity:1

Instructions Describe the experience after the 2000 local elections in

relation to the municipal and Ward Committee context?

(SO 1, AC 1)

Method individual Activity

Media Method Flipchart

Answers:

CCFO

DEMONSTRATING

Marks 10

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Project

GroupActivity:2

Instructions Explain the national guidelines? (SO 1, AC 2)

CCFO

COMMUNICATING

Method Group Activity

Answers:

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Simulation

ACTIVITY1

Instructions Explain the efficacy of Council resolutions to establish

Ward Committees? (SO 1, AC 4)

CCFO

ORGANISING



Mark 10

Answer:

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Essay

Take some time to reflect on what you have learnt in this module and assess your

knowledge against the following pointers. Write down your answers. Should you not

be able to complete each of these statements, go back to your notes and check on

your understanding? You can also discuss the answers with a colleague.

Describing and explaining legislative provisions and guidelines relating to the establishment

and functioning of a ward committees.

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SPECIFIC OUTCOME:2 Describe Ward Committee membership, composition and

roles.

Learning Outcomes

On completion of this section you will be able to: Describe

Ward Committee membership, composition and roles.

Assessment Criteria

The composition of Ward Committees is described according to national guidelines. (SO 2, AC 1)

The role of the Ward Councillor is understood and explained with examples. (SO 2, AC 2)

The role of the proportional representative councillor is understood and explained with examples. (SO 2, AC 3)

The role of Ward Committee members is understood and explained with examples. (SO 2, AC 4)

Legislation relating to members term of office, membership termination, filling of vacancies and dissolution of Ward Committees is understood and explained with examples. (SO 2, AC 5)

Ward Committee performance is monitored and evaluated on an ongoing basis. (SO 2, AC 6)

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2.1The composition of Ward Committees is described according to national

guidelines. (SO 2, AC 1)

Structures of local government and public participation in these structures

All the methods of public participation described under “How can you participate?’ can be

used at the local level of government.

Structures of municipal councils



See How a municipality is made up.

The municipality consists of:

The council - Elected members (councillors) who have legislative powers to pass by-

laws and approve policies for their area.

The mayor – who is elected by the council to co-ordinate the work of the council; the mayor

and /or executive committee act as the executive of the council. The mayor is assisted by a

mayoral executive committee.

The executive or mayoral committee - made up of councillors with specific portfolios which

match the departments within the municipal administration; they oversee the work of the

municipal manager and department heads.

The municipal manager - this is the chief executive officer who is head of the administration

of the municipality.

Municipal council officials - people who work for the administration.

Ward committees - Ward committees are mainly advisory committees which can make

recommendations on any matter affecting the ward. A ward committee consists of the

councilor and a maximum of 10 people from the ward who are elected by the community.

http://www.paralegaladvice.org.za/docs/chap04/05.html#municipality

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The Ward Committee therefore plays a very important role as a link between the community

and decision-makers. It provides important opportunities for public participation.

Ways of participating in local government

The most important opportunities for public participation at local level are through using

ward councillors and ward committees. The ward councillor is the direct link between the

local council and the public operating mainly through the structure of the ward committee.

It is the councillor’s responsibility to make sure that people are consulted and kept

informed about council decisions, development and budget plans and any council

programmes that will affect them. The Municipal Systems Act requires that municipalities

take steps to ensure the participation of communities in decision-making. Section 16 of the

Act considers the following as key areas requiring community participation:

Assessing and approving the budget

Approving the budget is one of the most important functions of the council. The ward

councillor should not approve the budget until there has been proper consultation with the

ward committee and other stakeholders. So, ward committees play an important role in the

process and they should look carefully at all the parts of the budget that will affect the





bank account. Ward committees have a right to ask questions about how well the 'cash

flow' is being planned and monitored.

Planning and developing the Integrated Development Plan

Ward committees should work closely with the councillor and other community

organizations (community-based organizations and NGO’s) to identify priority needs and

make sure these needs are included in the budget proposals and Integrated Development

Plans.

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Monitoring council activities on a regular basis

Ward committees should insist on regular reports and feedback on municipal projects and

services, either at ward committee meetings or at public hearings. If necessary they should

make constructive suggestions for improvement and if Ward committees should insist on

regular reports and feedback on municipal projects and services, either at ward committee

meetings or at public hearings.

Performance management

The municipality must have clear goals and specific targets of what has to be done to make

sure the goals are achieved. Every department and staff member should be clear what they

have to do and how their performance will contribute to achieving overall goals and targets.

Performance management means that the performance of individuals, departments and the

municipality as a whole should be monitored to make sure the targets are met and that

resources are being used efficiently. Council should prepare a report for the ward

committee at least once a year that shows how it has performed in relation to their

objectives and the budget. This usually happens at the end of the financial year (July of

each year). The report and audited financial statements must be made available to the

public.

Direct advice and support

Councillors are the most direct form of access people have to government. Usually people

will turn to a councillor for direct advice and support. Once a problem has been referred to a

councillor, the person should demand to know what the councillor is doing or has done to

deal with the problem.

Ask for a councillor clinic to be set up

Request the councillor to set up a regular clinic on specific days at a certain place in the

community. This means the councillor must be available to see anyone from the community

at these agreed times. Advertise these dates around the community.

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Lobbying

Communities can use their councillors to lobby committees, the Mayor and other spheres of

government.

See Lobbying

See Problem 1: Lobbying local government

Attend public meetings and hearings

Attend public meetings called by the councillor, ward committee or council. Identify which

committees are making decisions about issues that concern you and attend public hearings

of these committees. These meetings are open to the public.

Use the media

Approach a local newspaper or community radio station and ask them to write or present a

story on an issue that concerns the community, explaining what role the municipal council

should play in dealing with the issue.

Get publicity and grow support

Hold public demonstrations and mobilise public support (avoid violence and damage

as you will lose public support with these actions)

Build partnerships, alliances, and networks amongst local organisations, civic

groups.

Planning and implementation of Municipal Service Partnerships

Ward committees and the community can play an important role in the following ways:

Help the municipality to decide on which services to develop and improve

Develop proposals (with the help of CBOs and NGOs) for council to consider

Have council appoint a committee of community representatives to monitor

processes and to advise the municipality on priorities for service development

Communities or their representatives can evaluate future service providers and monitor the

performance of those providing services.

http://www.paralegaladvice.org.za/docs/chap03/04.html#lobbying

http://www.paralegaladvice.org.za/docs/chap03/09.html#lobbying

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2.2The role of the Ward Councillor is understood and explained with examples. (SO

2, AC 2)

The structures of a municipality



Composition of a municipality

Elected councillors

Elected members have legislative powers to pass by-laws and approve policies for their

area. By-Laws must not conflict with other National and Provincial legislation. They have to

pass a budget for the municipality each year and they have to decide on development plans

and service delivery for their municipal areas. This development plan is commonly known

as the IDP. (Integrated Development Plan) Councillors meet in committees to develop

proposals for council.

The mayor

The functions of the Mayor and Councillors are set by the Municipal Structures Act.

The mayor is elected by the Municipal council to co-ordinate the work of the Municipality.

The mayor is the political head of the Municipal Council and is assisted by the executive

committee or the mayoral committee.

The executive or mayoral committee

There are two systems for the appointment of an executive:

The executive mayor appoints a mayoral committee, or

The mayor works with an executive committee (exco) elected by the council.

So,'the executive' refers to the executive mayor and the mayoral committee OR the mayor

plus the executive.

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The executive or mayoral committee is made up of councillors with specific portfolios which

match the departments within the municipal administration, for example, health. The

executive and the mayor oversee the work of the municipal manager and department

heads. The executive proposes policy and presents budget proposals to the whole council.

The executive is accountable to the council and has to get approval from the council. Once

policies and budgets are approved by council, the executive is responsible for ensuring that

the municipal administration implements them. Councillors play a monitoring and oversight

role in this process.

The municipal manager and municipal officials

The municipal manager is the chief executive officer and is the head of the administration of

the council. H/she is responsible for the overall functioning of the administration, for

managing the finances and for hiring and disciplining staff. Municipal council officials work

for the administration.

Ward committees

A ward committee can be set up for each ward councillor to assist and advise the councillor

and improve public participation. Ward committees can be set up in category A and B

municipalities where the ward committee model is being used.

Ward committees are mainly advisory committees which can make recommendations on

any matter affecting the ward within a Category B or Category A municipality. The municipal

council makes the rules that guide the ward committees. The rules say how the members of

the ward committee will be appointed, how often ward committee meetings will take place

and the circumstances under which a member of a ward committee can be told to leave the

committee.

The purpose of a ward committee is to:

get better participation from the community to inform council decisions

make sure that there is more effective communication between the council and the

community

assist the ward councillor with consultation and report-back to the community

Advise the ward councillor on issues and development in the community..

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Structure of ward committees

A ward committee consists of the councillor who represents the ward, as elected in the local

government elections a maximum of 10 people from the ward who are elected by the

community they serve. Women should be equally represented on ward committees.

The councillor is the chairperson of the ward committee. Members of the ward committee

must participate as volunteers and are not paid for this work.

Role of the ward councillor on the ward committee

A ward councillor is directly elected to represent and serve the people in a specific ward.

There are usually between 3 000 and 20 000 voters in a ward.

The ward councillor should make sure that the interests of the people in the ward are

represented as properly as possible. The ward councillor should be in touch with the issues

in the area, understand the key problems and monitor development and service delivery. In

committees, caucus and council meetings, the ward councillor should act as a

spokesperson for the people in the ward.

The ward councillor is the direct link between the council and the voters. H/she makes sure

that voters are consulted and kept informed about council decisions, development and

budget plans that affect them.

People can also bring their problems to the ward councillor and he/she should deal with

these in an appropriate way, for example, by taking up matters with council officials.

Role of the ward committee

The main role of the ward committee is to make sure that voters are involved in and

informed about council decisions that affect their lives. The ward committees should be set

up in a way that it can reach most sectors and areas in the ward. The ward committee's

main tasks are to communicate and consult with the community in respect of development

and service plans. It has no formal powers however to force the council to do anything. The

council should provide support, for example, providing publicity for meetings, giving

financial support, to enable ward committee to do their work.

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Main tasks of ward councillors and ward committees

Ward councillors and committees must know their communities and the people they

represent. They should know:

who the people are in the ward (spread of age groups, gender, employment status)

what problems they experience and their needs

what their attitudes and opinions are towards council plans and proposals

the environment of the ward (types of housing, services provided or not provided, for

example, water, sanitation and electricity, schools, hospitals, clinics, shops,

markets, factories, places of worship, community halls, access to transport)

what is happening in the community (what organisations or bodies exist in the

community: political parties, cultural groups, civic forums, business, youth

organisations, women's organisations, NGOs, traditional leaders, gangs, crime,

sport, school governing bodies, etc)

Ward councillors and committee members can find out more about their communities

through general community meetings and direct consultation (going door-to-door and/or

conducting a survey).

They should also keep up to date with developments in the council in order to pass this

information on to people in their ward.

In the 2008 Local Government Laws Amendment Act, an amendment of section 73 of

Act 117 of 1998 (Structures Act) was made to ensure that 'out of pocket' expenses (of ward

committee members) must be paid from the budget of the municipality in question. Metro or

local councils must develop a policy and determine criteria for calculating the 'out of pocket'

expenses and can allocate funds and resources to enable ward committees to perform their

functions, exercise their powers and undertake development in their wards within the

framework of the law.

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The difference between councillors (elected representatives) and administration

officials/employees

The distinction between the roles of elected representatives (councillors), and municipal

employees (officials) is very important. Councillors are elected public representatives to

serve for a period of five years. Councillors are elected by the people onto a local council,

and only keep their positions if they are re-elected.

Officials or employees are appointed by municipal management to specific jobs within the

municipal administration, and are like any other employee in a job.. Senior officials, such as

the Municipal Manager, Chief Operating Officers, Director of Finance, Director of Housing

etc, should have employment contracts subject to annual performance. Their performance

agreements must be made public on the websites. Together they make up the

management of a municipality

Councillors give political direction and leadership in the municipality, depending on the

balance of power between the political parties elected to the council. Councillors and

officials determine the policies and direction of the municipality

Officials should have the knowledge and skills on the technical and specialised aspects of

municipal affairs. Councillors who don't have this knowledge have to rely on the reports of

officials to help them make decisions. Councillors have to weigh up recommendations from

officials with community needs and interests.

Once the council has reached a decision then officials are expected to carry these out in

the most efficient and cost-effective way.

Links between the council and administration/employees

The main formal contact persons between councillors and the municipal administration are

the Executive Mayor and the Municipal Manager. There should also be an informal

relationship between each Mayoral or Executive Committee member and the matching

head of department within the municipal administration, for example between the councillor

responsible for health and the head of the health department.

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There should be clear lines of communication and accountability, and separation of roles. A

councillor should not interfere in the management or administration of a department, for

example by giving direct instructions to municipal employees or interfering with the

implementation of a council decision. Officials may not try to unduly influence the council, or

provide it with misleading information.

Code of Conduct for Municipal Councillors

The Code of Conduct for Councillors is outlined in Schedule 1 of the Municipal Systems Act

of 2000, and an additional code inserted in 2002. The Code of Conduct refers to general

conduct, such as performing their functions of office in good faith, honestly and in a

transparent matter, at all times acting in the best interest of the municipality, without

compromising the credibility and integrity of the municipality.

Councillors must attend each meeting. Leave of absence is granted within the rules and

orders of the council. Councillors may be sanctioned for non-attendance. Councillors should

also disclose direct or indirect public or private business interest.

Personal gain - a councillor may not use their position or privilege as a councillor, or

confidential information obtained as a councillor, for private gain or to improperly benefit

another person. They cannot be party to, or beneficiary under a contract for the provision of

goods or services to the municipality, or the performance of any work otherwise than as a

councillor for the municipality; obtain a financial interest in any business of the municipality,

acquire a fee by appearing on behalf of any other persons before the council or a

committee.

A councillor should within 60 days of their appointment or election, declare in writing their

financial interests that include shares and securities in any company, membership of a

close corporation, interest in any trust, directorships, partnerships, pension, interest in

property, subsidies, grants and sponsorship by any organisation, gifts above a prescribed

amount must be declared. Full-time councillors may not undertake any other paid work.

A councillor may not request, solicit or accept any gift for voting/not voting on any matter;

disclose privileged or confidential information; disclose any privileged or confidential

information of the council or committee to any unauthorised person.

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Other than provided by law, may not interfere in the management or administration of any

department of the council unless mandated by council, give or purport to give any

instruction to any employee of the council except when authorised to do so, encourage or

participate in conduct that would cause or contribute to maladministration within the council.

A councillor may not use, take, acquire or benefit from any property or asset owned,

controlled or managed by the municipality to which that councillor has no right.

A councillor may not be in arrears to the Municipality for rates and service charges for a

period longer than 3 months.”

A code of conduct for municipal officials has not been prescribed by law as with the code of

conduct for councillors. However, in February 2010, Parliament began to work on a

Proposal to revise Code of Conduct for public officials.

Summary of the key principles

In summary, the Mayor and executive or mayoral committee are responsible for making

policy and monitoring outcomes, while the Municipal Manager is responsible for managing

the administration to implement policy and achieve the specified outcomes.

Councillors approve policy or amend budgets and priorities proposed by the

Executive or committees

Councillors pass by-laws that reflect their policies and objectives.

The Executive or mayoral committee sets the vision, mission and the outcomes and

outputs required of the administration.

The Municipal Manager must carry out the instructions given by the Executive on

behalf of the council.

The administration must give the Executive regular reports on its activities.

The Executive checks that the Municipal Manager is carrying out his or her duties

under the employment contract.

The council monitors the performance of the Mayor and Executive.

A councillor cannot give an official a direct instruction to do something - this goes

against the lines of accountability.

Officials may not try to unduly influence the council, or provide it with misleading

information.

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To avoid corruption, councillors and officials may not be in a business venture

together.

The Municipal Structures Act sets out codes of conduct for councillors (these codes apply

equally to traditional leaders).

How decisions are made in council

Most councils follow the same pattern of decision-making as follows:

Agendas are prepared before meetings and any committee reports, petitions or

motions have to appear on an agenda before they can be discussed.

Some reports appear on pink or green paper and that is classified as confidential.

When an issue comes up for discussion at a council meeting it is often referred to a

committee or to the executive for further discussion and a deadline is given for when

a report should be made.

If the matter is referred to a committee, the committee will report to the executive

committee. The executive will consider the issue and either support the

recommendations or put forward opposing recommendations to the council meeting.

The council then votes on the matter.

2.3The role of the proportional representative councillor is understood and explained

with examples. (SO 2, AC 3)

Raising issues with council

There are many different ways that councillors (and the public) can raise issues with the

council. These are:

Petitions

Councillors or individuals are allowed to send petitions to the municipal manager. The

purpose of the petition is to inform the council and the administration that a large number of

people want something to be done, for example, if a law is not being applied properly.

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Petitions are handed to the council secretary at the council meeting. The petition is usually

referred to the management committee that will then report to council. The officials send the

petition around to the relevant departments who will make recommendations to the relevant

portfolio or standing committees.

These committees then make recommendations to the executive. The executive discuss

the petition and then make recommendations to the council.

The councillor or group that has sent the petition must follow its progress by keeping in

contact with the relevant departments.

Questions to Council

Questions can be used to monitor council officials and get reliable information about council

policies and programmes. Questions can be sent in writing or asked during a meeting.

Written questions must be submitted 10 days before the council meeting that the officials

have time to prepare the answers.

Answers will often be given at the meetings themselves. The executive chairperson can

often answer a question verbally or provide a reply in writing. Any councillor can ask a

question about executive recommendations or decisions and any executive member can

make immediate verbal replies.

Requests

Collective and individual requests are the easiest way to get information or to bring

problems to the attention of officials. When councillors table requests on behalf of their

constituency, this should be done in a manner that respects protocol. If by-laws exist to

address a request, then a positive response may be done quickly.

For example, if someone has a blocked water drain you can go to the relevant official and

make a request to get it fixed. But if you want something new in your ward and there is no

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policy on this, then additional work and liaison and communication with other government

departments may be necessary.

2.4The role of Ward Committee members is understood and explained with


The role of municipal councils

The roles played by municipal councils are to:

Pass by-laws - local laws and regulations about any of the functions they are

responsible for. By-laws may not go against any national laws and aresubject to the

Constitution.

Approve budgets and development plans - every year a municipal budget must be

passed that sets down how money will be raised and spent. The Council must also

approve the 'integrated development plan'.

Impose rates and other taxes, for example, property tax.

Charge service fees - for using municipal services like water, electricity, libraries,

and so on.

Impose fines - for people who break municipal by-laws, for example, traffic fines,

littering.

Draw up, approve or amend integrated development plans (IDPs).

In playing their role, municipal councils have a duty to:

use their resources in the best interests of the communities

be democratic and accountable in the way they govern

encourage communities to be involved in the affairs of local government

provide services to the community

make sure the environment is safe and healthy

Municipalities are responsible for the following functions in terms of Part B of Schedule 4

and Part B of Schedule 5 of the Constitution:

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electricity delivery

water for household use

sewage and sanitation

storm water systems

refuse removal

fire fighting services

municipal health services

decisions around land use

local roads

local public transport

street trading

abattoirs and fresh food markets

parks and recreational areas

other community facilities

local tourism

Municipal councils have executive and legislative powers for these functions. In other

words, they have the right to make laws and decisions about the affairs of residents and

communities in their areas and to claim service fees from residents

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Role play

Activity:1

Instructions Describe the composition of Ward Committees according

to national guidelines? (SO 2, AC 1)



Answers:

CCFO

DEMONSTRATING

Marks 10

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Project

GroupActivity:5

Instructions Explain the role of the Ward Councillor is

understood examples? (SO 2, AC 2)

CCFO

COMMUNICATING


Answers:


Research

PROJECT

Activity:6


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Simulation

ACTIVITY2

Instructions Explain the role of Ward Committee members is

understood with examples? (SO 2, AC 4)

CCFO

ORGANISING



Mark 10

Answer:

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Essay





Describing ward committee membership, composition and roles

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SPECIFIC OUTCOME:3 Describe and explain the process to nominate and elect the

members of a Ward Committee.

Learning Outcomes

On completion of this section you will be able to: Describe and

explain the process to nominate and elect the members of a Ward

Committee.

Assessment Criteria

The authority to make rules for convening meetings, nominate and elect ward counsellors is identified and explained in the context of Ward Committee functioning. (SO 3, AC 1)

Typical candidate nomination and election procedures are described and evaluated in relation to Ward Committee functioning. (SO 3, AC 2)

Criteria and principles regarding representation on Ward Committees are evaluated and explained with examples. (SO 3, AC 3)

Checklists for organising, and holding and running Ward Committees are developed to ensure that correct procedures are adhered to. (SO 3, AC 4)

The criteria for the selection and assigning of portfolios to ward Committee members are identified and evaluated to ensure effective nominations. (SO 3, AC 5)

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3.1The authority to make rules for convening meetings, nominate and elect ward

counsellors is identified and explained in the context of Ward Committee

functioning. (SO 3, AC 1)

The role of district councils

District councils have to see to the development of their areas as a whole. They must build

the capacity of local municipalities in their areas so that the local councils can carry out their

functions. District Councils also have to make sure those resources and services are

distributed fairly amongst the local municipalities.

These are some of the functions and powers of District Councils:

to plan for development for the district municipality as a whole

bulk supply of water that affects a large proportion of the municipalities in the district

bulk supply of electricity that affects a large proportion of the municipalities in the

district

bulk sewage purification works and main sewage disposal

waste disposal sites for the whole district council area

municipal roads for the whole district council area

regulating passenger transport services

municipal health services for the whole area

fire-fighting services for the whole area

control of fresh produce markets

control of cemeteries

promoting local tourism for the whole area

municipal public works

National or provincial government can also delegate other functions to municipalities,

though these must be within the limits of legislative provisions to do so.

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The developmental role of local government

Local governments must play a developmental role in their communities. This means

working with communities (leaders and organisations) to find sustainable ways to meet the

social, economic and material needs of people and to improve the quality of their lives. In

particular, local governments should target people who are most often marginalised or

excluded, such as women, disabled people and very poor people.

Four main aims of developmental local government

Develop communities and provide for economic growth in the area

Municipalities must be serious about their responsibility to provide services to meet the

basic needs of the poor in the most cost-effective and affordable way. They should do this

in the following ways:

provide effective relief for the poor, for example, a specific allocation of free water

and electricity to people who don't have access to these services or who are unable

to pay for them

develop arts and culture programmes/facilities

Work in partnership with local business to improve job creation and investment in

the area.

Co-ordinate the different sectors involved in development of the area

There are many different sectors involved in the development of an area, for example,

national and provincial departments are all involved in some way in establishing and

maintaining health clinics, schools, etc. There are also parastatals (partly government partly

private) like Eskom and Spoornet, trade unions, businesses, non-government organisations

that play a role in developing an area. The municipality must take responsibility for co-

ordinating all their activities for the benefit of the whole community.

Encourage participation in decision-making processes

Local councillors should make sure that the broader community is involved in the decision-

making processes. They can do this through the ward committees and community

consultation. People around the world are always thinking of new and better ways to build

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communities. For example, there are new ideas on how to create jobs, protect the

environment, save water, and do away with poverty, and so on. Local government leaders

need to know about these changes and build these into their policies.

Is your local government playing a developmental role?

Ask yourself these questions to see whether your government is playing a developmental

role. Do they?:

Provide services to everyone, for example, local roads, storm water drainage, refuse

collection, electricity, water?

Try and integrate living areas? For example, the poor often live far away from the

business and industrial areas.

Introduce schemes to promote job creation?

Provide adequate services to encourage people to live and work there?

Drawing up an Integrated Development Plan (IDP)

Integrated Development Planning is an approach to planning that involves the whole

municipality and its citizens in finding the best solutions to achieve effective long-term

development. An IDP is a broad plan for an area that gives an overall framework for

development. It looks at existing conditions and facilities, at the problems and needs and

finally at the resources available for development. There are six main reasons why a

municipality should have an IDP. These are to:

make good use of scarce resources

help speed up delivery of services to poor areas

attract additional funds (government departments and private investors are more

willing to invest their money where municipalities have an IDP)

strengthen democracy

overcome the inequalities and discrimination of the apartheid system

promote co-ordination between local, provincial and national government

All municipalities have to draw up an IDP in consultation with local forums and

stakeholders. In other words, the public must participate fully in the process. The final IDP

document has to be approved by the council. The plan must show:

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the basic needs of disadvantaged sections of the community

the long-term vision for meeting those needs

the need for these sections of the community to advance socially and economically

how the plan will be financed and whether it is financially sustainable, that there will

be money in the future to keep the plan going

the capacity of the municipal council to carry out the plan and what resources are

available to help carry out the plan.

The municipality (the mayor and Exco who pass on responsibility to the municipal manager)

is responsible for co-ordinating the IDP and must draw in other stakeholders in the area

who can help and/or benefit from development in the area. All municipal planning must take

place using the IDP as a guide and the annual council budget should be based on the IDP.

Local economic development (LED)

Municipalities decide on LED strategies and the process of arriving at a LED strategy must

be part of the Integrated Development Planning (IDP) process. Local economic

development must aim to create jobs by making the local economy grow. This means that

more businesses and factories should be started in the municipality. As part of the IDP,

people in a municipality must come together to reach agreement and take decisions to

make the economy grow and create income opportunities for more people, especially the

poor.

The LED strategies should be based on the overall vision outlined in the IDP and should

take into account the result of eth analysis phase. It should also look at things like

integrating our residential and work areas, building development corridors between areas

and supporting the economy with good public transport.

Key principles underlying Local Economic Development include:

making job creation and poverty alleviation a priority in any LED strategy

Targeting previously disadvantaged people, marginalized communities and

geographical regions, black economic empowerment enterprises and SMMEs to

allow them to participate fully in local economies, .

promoting local ownership, community involvement, local leadership and joint

decision-making

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involving local, national and international partnerships between communities,

businesses and government to solve problems, create joint business ventures, and

build local areas

using local resources and skills

integrating diverse economic initiatives in a comprehensive approach to local

development

Applying flexible approaches to responding to changing conditions.

Municipal service delivery

Municipalities have the responsibility to make sure that all citizens are provided with

services to satisfy their basic needs. The most important services the municipality must

provide are:

water supply

sewage collection and disposal

refuse removal

electricity and gas supply

municipal health services

municipal roads and storm water drainage

street lighting

municipal parks and recreation

Municipalities provide services to people by using their own resources - finances,

equipment and employees. People have to pay a certain rate to the municipality for

providing these services.

Free basic municipal services

The government has developed a policy which looks at providing free basic levels of

municipal services for the poor. The policy says that water and electricity are priorities.

Municipal service partnerships

Municipalities can 'outsource' to other people to provide these services. This means, it can

choose to hire someone else, an NGO, CBO or private company, to deliver the service but

the municipality is still responsible for choosing the service provider and for making sure

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that they deliver the service properly. When a municipality 'outsources' to someone else this

is called a Municipal Service partnership (MSP). This is not the same as privatisation, but

must be done carefully..

So, an MSP is an agreement between a municipality and a service provider. Under this

agreement, a service provider agrees to provide a particular municipal service on behalf of

the municipality within a certain time frame and budget. The service provider can provide a

service to the whole community or part of it. For example it may be responsible for

collecting rubbish in a certain part of the community.

Work opportunities, such as Expanded Public Works Programmes (Phase II) are being

rolled out, though these address people’s needs off a low base. Recent government policy

initiatives – to address the chronic and extensive lack of opportunity to work by youth, skills

transfer initiatives, bursaries to complete tertiary studies have been very soon.

Financial management

One of the most important duties of a municipal council is to manage its funds effectively.

This means -

Drawing up a budget - working out what income the municipality will receive and

balancing this with what they think they will have to spend it on

Protecting the income, capital and assets such as money in the bank, motor

vehicles, computer equipment, by putting in proper controls

Monitoring the actual income and expenditure and comparing this to the budget

through regular financial reporting and taking action to correct things when

necessary

Auditing on a regular basis and reporting the financial statements to all stakeholders

Drawing up a budget

Municipalities must prepare budgets for each financial year (which runs from 1 July of each

year to 30 June of the next year). Council must approve these budgets before the new

financial year begins, after proper planning and consultation with ward committees and

other stakeholder groups in the area. For example, the budget for the financial year

beginning in July 2012 must be approved before the end of June 2012. However, Council

must prepare a draft budget a few months before this to allow for proper consultation to

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take place. Government is discussing how to align the financial year of national and

provincial government (March-February) with that of local lgovernment, so there may be

changes soon.

Role of the ward committee in drawing up a budget

Ward committees have the right and duty to ask questions and make recommendations to

the council on the best ways to generate income, keep costs down, prevent corruption and

protect the assets of the municipality.

Approving the budget is one of the most important functions of the ward councillor. The

ward councillor should not approve the budget until there has been proper consultation with

the ward committee and other stakeholders. So, ward committees play an important role in

the process and they should look carefully at all the parts of the budget that will affect the





bank account.

If too much money is spent and not enough money is raised then the municipality will

eventually go bankrupt. Ward committees have a right to ask questions about how well the

'cash flow' is being planned, monitored and followed up by the treasurer and executive or

mayoral committee. Ward committee members can also play a positive role in the 'cash

flow' of the municipality by -

setting an example and paying all rates and taxes for services

encouraging others to pay their rates and taxes

challenging any waste of municipal money that you hear about and asking for an

investigation

making your councillor accountable for fighting corruption or wastage of municipal

funds

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Role play

Activity:7

Instructions Explain the authority to make rules for convening

meetings, nominate and elect ward counsellors in the

context of Ward Committee functioning? (SO 3, AC 1)



Answers:

CCFO

DEMONSTRATING

Marks 10

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Project

GroupActivity:8

Instructions Describe the typical candidate nomination and election

procedures and evaluated in relation to Ward Committee

functioning? (SO 3, AC 2)

CCFO

COMMUNICATING


Answers:


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Simulation

ACTIVITY3

Instructions Explain the checklists for organising, and holding and

running Ward Committees are developed to ensure that

correct procedures are adhered to? (SO 3, AC 4)

CCFO

ORGANISING



Mark 10

Answer:

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Essay





Describing and explaining the process to nominate and elect the members of a ward

committee.

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References

Prescribed Booklist

Learning unit Supplier

Display an understanding of

the Constitution, structure of

Ward Committees and the

roles and responsibilities of

committee members

Yellow Media Publishers

Senior learning material Developer:

Ms DuduzileZwane

www.yellowmedia.co.za

[email protected]

http://www.yellowmedia.co.za/

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SECTION C: SELF REFLECTION

I enjoyed/did not enjoy this module because:

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I enjoyed/did not enjoy this module because:

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I found group work ___________________________________!!!

The most interesting thing I learnt was:

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http://www.google.co.za/url?sa=i&source=images&cd=&cad=rja&uact=8&docid=KyAZdx6IHHcxqM&tbnid=OAQUeiKZhmWJgM:&ved=0CAgQjRw&url=http://blogs.adobe.com/captivate/2012/01/what-i-learned-from-the-scenario-based-learning-book-by-dr-ray-jimenez.html&ei=FPUrU5XPKNSy7AaLmoDAAg&psig=AFQjCNEiKc2arHbYvTSfnH28cOIbFLv6Nw&ust=1395476116753780

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I feel I have gained the necessary skills and knowledge to:

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Please add the following to this module:

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Some comments from my classmates about my participation in class:

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Self-Assessment

Self-Assessment:

You have come to the end of this module – please take the time to review what you have learnt to date, and conduct a self-assessment against the learning outcomes of this module by following the instructions below:

Rate your understanding of each of the outcomes listed below: Keys: - no understanding - Some idea - Completely comfortable

NO OUTCOME

SELF RATING

1. Describe and explain legislative provisions and guidelines relating to the establishment and functioning of a Ward Committee.

2. Describe Ward Committee membership, composition and roles.

3. Describe and explain the process to nominate and elect the members of a Ward Committee.

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Learner Evaluation Form

Learning Programme Name

Facilitator Name

Learner name (Optional)

Dates of Facilitation

Employer / Work site

Date of Evaluation

Learner Tip:

Please complete the Evaluation Form as thoroughly as you are able to, in order for us to continuously improve our training quality! The purpose of the Evaluation Form is to evaluate the following:

logistics and support

facilitation

training material

assessment Your honest and detailed input is therefore of great value to us, and we appreciate your assistance in completing this evaluation form!

http://www.google.co.za/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=RDpok8B544sOWM&tbnid=0J9bAREawM5bSM:&ved=0CAUQjRw&url=http://manchesterundergradcareers.wordpress.com/tag/work-experience/&ei=7QtYUtv6F6me0QWnkIDoDQ&bvm=bv.53899372,d.ZG4&psig=AFQjCNEsimbjcXdvUSLYLUiRDMc9MOImtA&ust=1381588140131627

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A Logistics and Support Evaluation

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2 Was the Programme Coordinator helpful and efficient?

3 Was the training equipment and material used effective and prepared?

4 Was the training venue conducive to learning (set-up for convenience of learners, comfortable in terms of temperature, etc.)?

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B Facilitator Evaluation 1 The Facilitator was prepared and knowledgeable on the

subject of the programme

2 The Facilitator encouraged learner participation and input

3 The Facilitator made use of a variety of methods, exercises, activities and discussions

4 The Facilitator used the material in a structured and effective manner

5 The Facilitator was understandable, approachable and respectful of the learners

6 The Facilitator was punctual and kept to the schedule

Additional Comments on Facilitation

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C Learning Programme Evaluation 1 The learning outcomes of the programme are

relevant and suitable.

2 The content of the programme was relevant and suitable for the target group.

3 The length of the facilitation was suitable for the programme.

4 The learning material assisted in learning new knowledge and skills to apply in a practical manner.

5 The Learning Material was free from spelling and grammar errors

6 Handouts and Exercises are clear, concise and relevant to the outcomes and content.

7 Learning material is generally of a high standard, and user friendly

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1 A clear overview provided of the assessment requirements of the programme was provided

2 The assessment process and time lines were clearly explained

3 All assessment activities and activities were discussed

Additional Comments on Assessment

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