Transcript Business law workshop

LOCAL GOVERNMENT LAW
WORKSHOP
HIGHER CERTIFICATE IN LOCAL GOVERNMENT AND DEVELOPMENT MANAGEMENT
28 MARCH 2015
INTRODUCTION
Lecturer/Facilitator
Andrew Tucker
B Com LLB, Attorney of the High Court of South Africa
Contact details:
[email protected]
WORKSHOP PROGRAMME
• 13:30 – 14:15
Course Overview
• 14:15 – 14:20
Break
• 14:20 – 14:50
Assignment Questions
• 14:50 – 15:00
Your questions and problem areas
RESOURCES
•www.letslearnmore.weebly.com
COURSE OVERVIEW
• Let’s examine some key areas and concepts
INTRODUCTION TO LG
• Definition: Local governance describes the process of making decisions,
allocating funds and delivering services at the local level.
• It involves actors (e.g. mayors, local councils, NGOs, business associations),
formal and informal institutions (e.g. municipal administration, council, but
also rules and regulations), and available means (e.g. human resources,
money).
LOCAL GOVERNMENT
• Constitution reigns supreme
• Spheres of government
• Co-operative government
LOCAL GOVERNMENT IS
• Grassroots democracy
• Closest to the people
• Able to respond to the needs of a particular area
NATURE OF LOCAL GOVERNMENT
• A local area and local community formed by common interests,
whether rural, urban or regional;
• Participation by a local community in the government of its local
affairs – grassroots democracy;
• A local political unit with executive and legislative powers of
government as the third sphere of government, and powers of
taxation to control, regulate and develop local affairs and render
services by means of co –operative government.
THE THREE CATEGORIES OF LOCAL GOVT
• Category A – Metropolitan Municipalities
• 8 of them – Jhb, Cpt, Dbn etc
• Category B – Local Municipalities
• Falls into a district & shares powers & functions
• Category C – District Municipalities
• Comprised of a number of local municipalities
THE DUTIES OF LOCAL GOVERNMENT
• The provision of democratic and accountable government for local
communities.
• Ensure the provision of services in a sustainable manner.
• To promote social and economic development.
• A safe and healthy environment.
• The involvement of communities and community organizations
within local government.
THE SEPARATION OF POWERS
LEVEL OF GOVT
LEGISLATIVE
EXECUTIVE
JUDICIARY
NATIONAL
PARLIAMENT
PRESIDENT
COURTS
PROVINCIAL
PROVINCIAL
LEGISLATURE
PREMIER
COURTS
LOCAL
MUNICIPAL
COUNCIL
MAYOR
COURTS
SUPREMACY OF CONSTITUTION & LG STATUS
• Constitution is our supreme law – everything tested
against the Constitution
• Constitution provides for local government status
NATIONAL & PROVINCIAL GOVERNMENT POWERS
• National and Provincial Government have power to
ensure municipalities perform their functions efficiently
and effectively
S139 OF THE CONSTITUTION
• Limits the powers of Provincial government to interfere with LG
• Can intervene only when LG has not done what it is supposed to
do.
PRINCIPLES AND GOALS OF LOCAL ADMINISTRATION
• 195. Basic values and principles governing public administration
1.
Public administration must be governed by the democratic values and principles enshrined in the
Constitution, including the following principles:
a.
A high standard of professional ethics must be promoted and maintained.
b.
Efficient, economic and effective use of resources must be promoted.
c.
Public administration must be development-oriented.
d.
Services must be provided impartially, fairly, equitably and without bias.
e.
People's needs must be responded to, and the public must be encouraged to participate in policymaking.
f.
Public administration must be accountable.
g.
Transparency must be fostered by providing the public with timely, accessible and accurate information.
h.
Good human-resource management and career-development practices, to maximise human potential, must
be cultivated.
i.
Public administration must be broadly representative of the South African people, with employment and
personnel management practices based on ability, objectivity, fairness, and the need to redress the
imbalances of the past to achieve broad representation.
LAW MAKING PROVISIONS
• Section 156 (2)
• A municipality may make and administer by-laws for the
effective administration of the matters which it has the
right to administer
Pg 60 Local Government Law Study Guide, Mancosa
NO DELEGATION OF LEGISLATIVE POWER
• SEC 160 prohibits the delegation of law making powers
• The power to make law vests in the municipal council. The council
cannot dispose of that power by delegating it to any committee,
office-bearer or municipal official.
• This includes the approval of a budget
DEVELOPMENTAL DUTIES OF MUNICIPALITIES
• Structure and manage its
• Administration
• Budgeting
• Planning processes to give priority to the basic needs of the
community,
FINANCES
• Duties of the accounting officer
• Audits
• Unsound finances
• Sources of income
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.
TENDERS
• Procurement policy
• Fairness and transparency
• PFMA
ASSIGNMENT QUESTIONS
QUESTIONS 1 AND 2
• General discussion
QUESTION 3
• Resources
• The Role of Ward Committees in South Africa, T Smith, 2008
• Ward Committee Resource Book, Dept Provincial & Local
Government, 2005
• Local Government law, Johan Meyer, 1998, Butterworths
• Municipal Administration – The handbook, DL Craythorne, 6th
Ed, 2006, Juta at page 116
QUESTION 4
• Resources
• Municipal Administration – The handbook, DL Craythorne, 6th
Ed, 2006, Juta at page 298
• Local Government law, Johan Meyer, 1998, Butterworths at
page 28
QUESTION 5
• Resources
• Municipal Administration – The handbook, DL Craythorne, 6th
Ed, 2006, Juta at pages 283 – 287
• PRESENTATION TO THE SELECT COMMITTEE ON FINANCE,
SUPPORT PROVIDED BY THE DoCG TO MUNICIPALITIES
PLACED UNDER ADMINISTRATION UNDER SECTION 139 OF
THE CONSTITUTION, 1996, Department of Cooperative
Governance, 11 September 2013