We have noted before that the idea behind Ryts is to enable you to reclaim your sovereignty. You do this be being able to easily and efficiently read legislation for your financial and emotional benefit. There is more to it than that, however. In this article we take a look at local government. Here we are looking at a collective benefit. We are all concerned with service delivery and we have to get that right for everybody.
The Municipal Structures Act 117 of 1998 starts off by defining categories and types of municipalities. Areas like Johannesburg, Durban and Cape Town are Category A municipalities. Within a defined category of municipality there can be various types, which we will not get into here.
[18] Each municipality must have a municipal council and [19] the municipal council must strive within its capacity to achieve the objectives set out in section 152 of the Constitution and must annually review, amongst other thing, its processes for involving the community.
Section 152 of the constitution notes that the objects of local government are –
- to provide democratic and accountable government for local communities;
- to ensure the provision of services to communities in a sustainable manner;
- to promote social and economic development;
- to promote a safe and healthy environment; and
- to encourage the involvement of communities and community organisations in the matters of local government.
A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1). Note the important words there “ within its financial and administrative capacity”. That leaves room for debate.
So how do you know what is going on in your area? [31.] A municipal council must conduct its business in an open manner. and may close its sittings, or authorise its committees to close their sittings. only when it is reasonable and justifiable to do so in an open and democratic society and having regard to the nature of the business which is conducted. So generally, you have a right to know (we will cover the Promotion of Access to Information Act in another article).
Why bother with local government and what is the best way to interact? Well, many areas are facing either plummeting service delivery or no services at all. Add to that problematic by-law adherence and if you are not careful the situation may soon become irredeemable.
Your first port of call is your local Ward Councillor or Ward Committee (if you have one). [72.(3)] The object of a ward committee is to enhance participatory democracy in local Government. [74.] A ward committee may make recommendations on any matter affecting its ward to the ward councillor or through the ward councillor, to the metro or local council, the executive committee, the executive mayor or the relevant metropolitan subcouncil.
In the next article on local government we are going to look further at Ward Councillors and what we can expect going forward.
Ramaphosa signs 3 new laws for South Africa
- Public Procurement Act.
- Climate Change Act.
- National Small Enterprise Amendment Act.
