OVERVIEW OF LOCAL GOVERNMENT IN SOUTH AFRICA

South Africa is a constitutional democracy with a three-tier system of government and an independent judiciary. The powers of the lawmakers (legislative authorities), government (executive authorities) and courts (judicial authorities) are separate from one another.

Government consists of national, provincial and local spheres.

The national, provincial and local levels of government all have legislative and executive authority in their own spheres. It is a stated intention in the Constitution that the country should be run on a system of cooperative governance. The three spheres of government are defined in the Constitution as ‘distinctive, interdependent and interrelated’.

In terms of Chapter 7 of the Constitution of South Africa, the local sphere of government is made up of municipalities, which form the lowest formal level of democratically elected government in South Africa. A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation. The executive and legislative authority of a municipality is vested in its Municipal Council.

The objects of local government are to:

•provide democratic and accountable government for local communities

•ensure the provision of services to communities in a sustainable manner

•promote social and economic development

•promote a safe and healthy environment

•encourage the involvement of communities and community organisations in matters of local government.

While Chapter 7 of the Constitution provides the foundation for the establishment of municipalities, various Acts of Parliament have further defi ned these municipal structures since the inception of the current constitution, the most important of these being the:

•Intergovernmental Relations Framework Act

•Local Government: Municipal Demarcation Act

•Local Government: Municipal Electoral Act

•Local Government: Municipal Finance Management Act

•Local Government: Municipal Property Rates Act

•Local Government: Municipal Structures Act

•Local Government: Municipal Systems Act

•Municipal Fiscal Powers and Functions Act.

There are three kinds of municipalities in South Africa, metropolitan, local and district municipalities (also known as Category A, B and C municipalities).

Metropolitan municipalities have been established to administer South Africa’s most urbanised areas. Metropolitan municipalities have exclusive municipal executive and legislative authority in their respective areas.

There are eight metropolitan municipalities in South Africa:

•Buffalo City Metropolitan Municipality

•City of Cape Town Metropolitan Municipality

•City of Ekurhuleni Metropolitan Municipality

•City of Johannesburg Metropolitan Municipality

•City of Tshwane Metropolitan Municipality

•eThekwini Metropolitan Municipality

•Mangaung Metropolitan Municipality

•Nelson Mandela Bay Metropolitan Municipality.

The remainder of South Africa’s territory is administered by 44 district municipalities (also known as Category C municipalities). Each district municipality is further subdivided into various smaller local municipalities (also known as Category B municipalities). As an example, the territory administered by the Sedibeng District Municipality encompasses the Emfuleni, Lesedi and Midvaal Local Municipalities. District and local municipalities share legislative and executive authority in respect of their commonly administered areas. District councils are primarily responsible for capacity building and district-wide planning.

There are a total of 257 municipalities in South Africa, comprising eight metropolitan, 44 district and 205 local municipalities. A number of significant demarcation changes became effective after the 2016 local government elections. The demarcation changes reduced the number of local municipalities from 226 to 205 and the total number of municipalities in South Africa from 278 to 257.

The political management of municipalities is made up of an elected Municipal Council. The term of a Municipal Council may not be more than fi ve years. The Municipal Council makes decisions on exercising its powers and performing its functions, including electing its office bearers, as well as appointing its executive and other committees. The Municipal Council employs the executive management and personnel that are necessary for the effective performance of its functions.

Local Government Elections

Local government elections are held once every fi ve years. The most recent municipal elections were held on 1 November 2021. All South African citizens over the age of 18 are eligible to vote. The Constitution places all elections and referendums in the country in all three spheres of government under the control of the Independent Electoral Commission (IEC), established in terms of the Electoral Commission Act.

The obligations of the IEC are to:

•manage elections of national, provincial and municipal legislative bodies

•ensure that those elections are free and fair

•declare the results of those elections

•compile and maintain a voters’ roll.

The duties of the IEC are to:

•compile and maintain a register of parties

•undertake and promote research into electoral matters

•develop and promote the development of electoral expertise and technology in all spheres of government

•continuously review electoral laws and proposed electoral laws, and make recommendations

•promote voter education

•declare the results of elections for national, provincial and municipal legislative bodies within seven days

•appoint appropriate public administrations in any sphere of government to conduct elections.

DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS (COGTA)

The Department of Cooperative Governance and Traditional Affairs is responsible for facilitating cooperative governance, to support all spheres of government and to assist the institution of traditional leadership to transform itself into a strategic partner of government in the development of communities.

CoGTA oversees the implementation of the following legislation applicable to local government.

The Local Government: Municipal Property Rates Act regulates the power of a municipality to impose property rates, excludes certain properties from rating in the national interest, provides fair and equitable valuation methods of properties, and for municipalities to implement a transparent and fair system of exemptions, reductions and rebates through their rating policies.

The Local Government: Municipal Finance Management Act is aimed at modernising municipal budgeting and fi nancial management. It also introduces a governance framework for separate entities created by municipalities.

The Act is a critical element in the overall transformation of local government in South Africa. It fosters transparency through budget and reporting requirements.

The Local Government: Municipal Systems Act establishes a framework for planning, performance-management systems, effective use of resources, and organisational change in a business context. The Act also establishes a system for municipalities to report on their performance, and provides residents with an opportunity to compare this performance with that of other municipalities. It also regulates public-private partnerships.

The Act allows municipalities signifi cant power to corporatise their services, to establish utilities for service delivery, or to enter into partnerships with other service providers. The Act provides for the adoption of a credit-control policy for municipalities, which will provide for the termination of services in the event of non-payment. Municipalities have the power to pass by-laws to implement the policy.

The Local Government: Municipal Systems Amendment Act is aimed at professionalising local government for improved service delivery and performance management, while also instilling a people-centred local government mindset in municipalities.

A key objective of the Act is to progressively align the systems of municipal administration and human resource management with those of the Public Service in national and provincial government.

The aim of the Act, among other things, is to:

• professionalise local government by ensuring that the administrative apparatus of municipalities is staffed by appropriately qualified and competent persons to improve service delivery

• require that employment contracts and performance agreements of municipal managers (and managers directly accountable to municipal managers) are consistent with the uniform systems and procedures set nationally

• extend the Minister’s regulatory power to make regulations relating to macro-benefi ts such as medical aid and pension benefi ts after consultation with the ministers of health and finance.

The Local Government: Municipal Structures Act intends to:

• provide for the establishment of municipalities in accordance with the requirements relating to categories and types of municipality

• to establish criteria for determining the category of municipality to be established in an area

• to define the types of municipality that may be established within each category

• to provide for an appropriate division of functions and powers between categories of municipality

• to regulate the internal systems, structures and office-bearers of municipalities

• to provide for appropriate electoral systems.

It also provides for the appointment of ward committees, made up of representatives of a particular ward. Ward committees are recognised as consultative bodies on matters affecting the ward. Their tasks, among other things, are to:

• represent the community in the compilation and implementation of the Integrated Development Plan

• ensure a constructive and harmonious interaction between the municipality and the community

• attend to all matters that affect and benefit the community

• act in the best interest of the community

• ensure active participation of the community in the municipality’s budgetary process.

In fulfilling its role with regards to local government, CoGTA is pursuing the following strategic programmes:

THE INTEGRATED URBAN DEVELOPMENT FRAMEWORK (IUDF)

The IUDF seeks to foster a shared understanding across government and society about how best to manage urbanisation and achieve the goals of economic development, job creation and improved living conditions. The IUDF is a policy framework on how the South African urban system can be reorganised so that cities and towns become more inclusive, resource efficient, and good places to live, work, shop and play in, as per the vision outlined in the National Development Plan.