THEME ONE

MUNICIPAL MANAGEMENT: AN
ORIENTATION

Dr. Nyawo
 Chapter outcomes
 After this chapter, you should able to:
• Pinpoint the early origins and explain the meaning of local government;
• Illustrate the systems and structures of a typical municipality;
• Contextualise the dynamic context of local government, with specific
reference to the process of urbanization & globalization;
• Explain the origin of the current system of local government in South Africa;
• Clarify the place of municipalities in the system of co-operative governance &
intergovernmental relations in South Africa;
• Highlight the role of municipalities in the democratization of society;
• Assess the developmental mandate and role of local government.
 Introduction
 Theories of democracy- health of democracy depends to a considerable extent upon
preserving the special identities of local communities, & that maintaining strong local
self-government should therefore be a prime goal of government
 This is because there is only one national government & many people can participate
directly and continuously in local government than in national gvt.
 Municipal activities, values & expectations are infused by relationship that requires the
carrying out of complex activities linking people in their social, economic & public lives.
 Local government is an invaluable socio-political laboratory for testing various new
government proposal on a small scale. Local failures can be borne with far less social
cost than national ones.
 Local government are much more immediately visible and accessible to ordinary citizens
than national government, the citizens are bound to be much more interested in,
informed about , and likely to participate in them than in the more remote national
government.
 Introduction
 Since 1994, local government has been in the forefront of the discussions on
constitutional and administrative change in South Africa.
 The local sphere of government – and its functional structures, municipalities –
is not immune to forces from the environment impacting on the reasons for its
existence, its systems and its functions.
 Changing world impacts local government in two ways: (i) local government is
influenced by its macro or external socio-economic and political environments,
and (ii) local authorities are confronted with change in the nature of their local
communities.
 As a co-creators of the future of local communities, municipalities must master
the totality of municipal management & governance. Thus, current &
prospective municipal mangers need to understand, for example:
• Role & functions of municipalities,
• Strategic orientation of municipalities –global & national contexts,
• Capacities & resources available to them,
• Best practises as far as processes, procedures & methods are concerned
Introduction
 The study of municipalities in South Africa is further complicated by the
interaction of hierarchical governmental bodies, networks of stakeholders,
and role players, power relations, political and ideological dynamics, and
demographical realities.
 Origin & meaning of local government &
municipalities
 Origin of human settlements in relatively densely populated areas such as cities
reaches back to the early stages of human culture.
 First settled urban areas with a high density of population were notably Egypt, China,
India (2500 to 3000 BC). These cities were the residential form adopted by citizens
who were typically land owners whose constant physical presence at the place of
agricultural production was not required.
 Cities became the religious, administrative and political centres of the civilizations
that produced them. They formed a new social system, but one that was not separated
from rural communities, for they were both closely linked.
 Produce harvested in rural areas was sold in cities, and, as a result, eventually new
commercial practices and industries emerged within cities.
 Expansion of human knowledge & economic growth from the late eighteen century
onward, especially the process of industrialization, led to massive urbanization, as new
opportunities brought huge numbers of migrants from rural to urban areas in search for
a better life.
 Origin & meaning of local government &
municipalities
 Urbanisation & socio-economic development go hand in hand, and it is evident that
urbanization is essential for wealth generation, prosperity & human development.
 Citizens of human settlements such as towns and cities soon realized that they
needed representatives who should govern their affairs to the benefit of everyone.
 Overtime, structures emerged that ultimately culminated in local government &
eventually municipalities.
 South African cities & towns are relatively young in comparison with those of Asia,
Europe, & North America, as municipality emerged at the Cape of Good Hope only
after the landing of the Dutch there in 1652
 The first Dutch settlers governed their colony on a centralized basis until a system of
magistrates & local court members was established, since it became increasingly
difficult to administer local affairs in the outlying areas. This system remained in
place until the British took over the Cape in 1806.
Origin & meaning of local government &
municipalities
 Due to various socio-political processes- colonialism, segregation & apartheid,
the South African governance scene was altered on a continuous basis
throughout its recent history.
 In South Africa, since 1910 to present, legislative frameworks especially the
Constitution changed the entire nature of the South African state
 What is local government
 Is a level of government created to bring government to the local populace & to give
citizens a sense of participation in the political processes that influence their lives.
 They were/are created to provide services and goods, and to maintain & promote
the well-being of the residents in its municipal area.
 The term ‘local government’ is generally used to refer to a decentralized,
representative institution with general and specific powers, devolved upon it and
delegated to it by the national or provincial government, within its geographical
area.
 It has the authority to exercise legislative and executive authority in an area
demarcated by law by a higher authority.
 Characteristics of local government: locality; legal personality; autonomy;
governmental powers; participation & representation.
What is local government
 As per the Constitution of RSA, the objectives of local government are to:
• Provide democratic & accountable government for local communities,
• Provide services that are sustainable,
• Promote social & economic development,
• Promote safe & healthy environment, and
• Encourage the involvement of communities & community organisations in the
affairs of local government.
 Key points: Constitutional arrangements
 Local gvt is a distinct sphere of gvt in its own right.
 All spheres must respect each other’s constitutional status, institutions, powers &
functions. No obstruction by other spheres.
 Cooperative governance among the spheres of government.
 Local government must be empowered to be democratic, efficient, accountable,
developmental & sustainable.
 Local gvt must erxecise their legislative authority within the constitutional system
of cooperative governance (Constitution S41, 151 & 154; Municipal Systems Act 32
of 2000, S3(1))
 Concept of a municipality
 Word ‘local’ refers to a particular place, but when used in relation to government,
it refers to a particular part of a geographically defined area such as a region or
province.
 S151(1) of the Constitution provides that ‘the local sphere of government consists
of municipalities’
 Thus, the word ‘municipal’ has the same meaning as ‘local’. The term
‘municipality’ or ‘municipal area’ refers to the area of jurisdiction of a local or
municipal government.
 Municipal Structures Act 117 of 1998 & Municipal Systems Act 32 of 2000 defines a
municipality as an organ of state within the local sphere of government consisting
of political structures, tradition leaders, office-bearers & administration of the
municipality, a geographical area, functions in its area, a separate legal personality
& the community of the municipality.
 Municipalities refers to the organizational units of local government, and these can
be regarded as decentralized agencies for the national sphere off government
 Concept of a municipality
 A municipality, when referred to as a geographical area, means a municipal area
determined in terms of Municipal Demarcation Act
 Constitution S153(a) defines the role of a municipality in the sense that it must
‘structure & manage its administration & budgeting, & planning processes to give
priority to the basic needs of the community.
 In playing their role, municipal councils have a duty to: use resources in the best
interests of the community; be democratic & accountable; encourage community
participation; provide services to the community make sure that the environment is
safe & healthy.
 Municipalities must provide a platform for democratic practices – election &
increase of public participation
 The form of municipalities:
• Municipalities take different spatial forms such as rural, urban, metro, city,
township
• Within the Municipal Structures Act, institutional categories of municipalities on the
basis of geographical, demographical, economical, social, special & management
criteria.
Form of municipalities
 To regconise an urban as a city, geographical area, density of population,
number of inhabitants, economic, social & political profile of the area, & its
growth potential are key variables to be taken into account.
 Key functions of the municipalities as contained in the Constitution (Part B of
Shedule 4 & Part B of Shedule 5):
• Electricity delivery; supply of water; sewage & sanitation; storm water system;
refuse removal; fire fighting services; municipal health services; decision
around land use; local roads; local public transport; street lighting; abattoirs &
fresh food markets; street trading; parks & recreational areas; libraries & other
community facilities; local tourism.
 Municipalities have the responsibilities to make sure that all citizens are
provided with services to satisfy their basic needs.
 They provide these services to people by using their own resources – finances,
equipment & employees.
 People have to pay a certain rate to the municipality for providing these
services.
Structures of a municipality
 Municipality has a council where decisions are made, & municipal officials who carry
out the work of the municipality.
 Elected members ‘councilors’ have legislative powers to make & administer/pass by-
laws for their area.
 The council has to pass a budget for the municipality each year & decide on
developmental plans & service delivery for its municipal area. Thus, legislative
authority is vested in the municipal council.
 Municipal council may consist of elected ward councilors &/or councilors nominated in
terms of proportional representation on the basis of the number of votes cast in favour
of that specific party in relation to the total number of votes
 The mayor is elected by the council to coordinate its work & is the political head of
the council. The mayor is assisted by the executive committee or mayoral committee.
 The speaker is the chairperson of the municipal council
 Councillors meets in various committees (portfolio committees) to develop proposals
for the council.
 Structures of a municipality
 Local government structure consists of three categories of municipalities:
• Category A: Metropolitan municipalities (exclusive municipal executive &
legislative authority in their area). There are eight of these in SA. What are those?
• Category B: local municipalities that share municipal legislative & executive
authority in their area with Category C (District- 44) municipality within whose
area they fall. Name a few.
• Category C: district municipality that have municipal legislative & executive
authority in an area that includes more than one local municipality for which the
district council is responsible. Name a few.
 A Municipal/City Manager is the chief executive officer of the municipality and the
head of the administration of the council, responsible for the overall functioning of
the administration, for managing finances, for the hiring and disciplining of staff.
 Officials are appointed by council management to specific jobs within the
municipal administration.
Structures of a municipality
 Officials should have the required knowledge and skills regarding the
technical and specialized aspects of municipal affairs. Councillors rely on the
reports of officials to help them make decisions
 Councillors give political direction and leadership in the municipality.
 Councillors have to weigh up recommendations from officials in terms of
municipality needs and interests.
 Once the council has reached a decision, then officials are expected to carry
these out in the most efficient & effective way.
Dynamic context of local government

 Vocabulary used to discuss local government has changed drastically:

‘governance’ ‘decentralization’ ‘contracting’ ‘outsourcing’ ‘new public
management’ ‘community partnership’ ‘network governance’ ‘private
partnership’
Urbanisation & globalisation
 Urbanisation- movement of people from rural to urban areas in search for
better opportunities.
 Urbanisation cause challenges for municipalities: lack of proactive planning,
lack of availability of resources, limited financial & administrative capacity,
exclusion & rising inequalities, increased residency in slums & informal
settlements, rapid urban growth, climate change, challenges in providing
urban services.
 To address the challenges requires the active promotion of urban resilience,
sustainable development, social inclusivity, health & safety, economic
prosperity, effective spatial planning & technological connectivity. This in
turn requires competent local leadership to drive this agenda.
 Globalisation challenges assumptions about the sovereignty of states.
 The structures of government & policy-making system need to be adjusted if
government are going to function effectively in a global policy environment.
 Increase of more output-oriented, more demanding and more critical citizens
is forcing local government to improve their capacity for effective & efficient
governance.
 Origins of the current system of local
government in S.A
 Manifestations of apartheid value system were most visible & entrenched at local
community level, in the form of polices enforced on S.A population.
 As a special policy of segregation, apartheid caused the total reorganization of
S.A towns & cities, which led to political and administration fragmentation.
 In the period between 1990 & 1999, substantial progress was made in removing
many of the more openly discriminatory measures of the apartheid era.
 Post-apartheid era began when de Clerk announced the unbanning of ANC, PAC,
SACP & other parties.
 Interim Constitution (1993) reconfigured the political landscape of the country &
included the reintegration of the former homelands. Nine provinces were
created. Local Government Negotiating body was established & negotiated a new
dispensation for local government.
Origins of the current system of local
government in S.A
 Local Government Transaction Act of 1993 provided for the following:
• A pre-interim phase: existing councilors would be replaced with newly
appointed councilors based on legislative frameworks. This phase ended with
the first local elections.
• An interim phase: started with the first democratic elections, & ended when
the new Constitution took effect.
• Establishment of local & metropolitan forums to choose one of the options of
the Act. To establish a traditional council that had to prepare for the first
democratic local government elections. Political disputes, elections took
place in 1995 until 1996.
 Constitution of 1996 entrenched the status of municipalities as an integral
part of government. The Constitution of 1996 clearly stipulated that the three
spheres of government are distinctively interdependent and interrelated.
 White Paper on Local Government 1998 outlined a comprehensive programme
of institutional reform due to spatial separations & disparities between towns
& townships that the system of apartheid had generated made cities difficult
to manage
 Origins of the current system of local
government in S.A
 The White Paper proposed that the municipalities should in future be
developmentally oriented, providing vision & leadership to coordinate the activities
of public and private agencies, encourage the community to participate in policy
making.
 Municipalities should further prioritise their needs through integrated development
planning that would guide all their operations and eventually their budgeting.
 A national performance management system should monitor their progress, and
they should develop their policies and mobilise resources in partnership with
communities and the private sector.
 Local government elections: conducted in 1995 (rural council & transitional local
councils)
• Between 1995 & 2000, four significant pieces of legislation were introduced:
Organised Local Government Act of 1997 (establishment of SALGA), Municipal
Demarcation Act 1998 (determine boundaries & wards of municipalities), Municipal
Structures Act of 1998 (categories & types of the municipalities, establishment of
municipalities, electoral system, establishment of council), Municipal System Act of
2000 (covers IDP, community involvement, performance management, municipal
services, revenue collection & debt control).
 Municipalities in the system of cooperative
governance & intergovernmental relations
 You must read Chapter 3 of the Constitution –co-operative governance.
 Constitution provides for three spheres, and these spheres are distinctive,
interrelated & interdependent
 The previous system of governance in S.A. was characterised by a top-down,
hierarchical system that restricted co-operative, integration & coordination.
 The current system of governance has a strong focus on integration.
 The national & provincial governments by legislation or other means should
support and strengthen the capacity of municipalities to manage their own
affairs, to exercise their powers and to perform their functions.
 There is a current debate about how national & provincial government can bring
the necessary control mechanisms and checks into the cooperative governance
system before a legislative intervention becomes a necessity.
 Mechanisms for improved monitoring, early warning system & strengthened
means for intergovernmental oversight & support measures
 Municipalities in the system of cooperative
governance & intergovernmental relations
 Division of responsibilities for municipal services between national & local spheres of
government is regulated by constitutional & legislative arrangements.
 Several preconditions that influence the interrelationship between national & local
government, these are:
• Importance of an effective system of local gvt in a democratic dispensation
• Local gvt must be allowed to play a role as a partner in national, & provincial
development
• Need for fair allocation of financial resources
• Importance of a division of human resources & non-restrictive remuneration system
• Effective communication & regular flow of information within, among & between local
gvts and external environment
• Citizen participation at all levels
• Political & social harmony
• Trust & honest as basic principles of gvt
• Responsiveness & receptiveness to innovation & creative ideas.
 Local gvt doesn’t exist in isolation. Read Intergovernmental Relations Framework Act
of 2005