Transcript Document
Presentation to the Learning Network The Councillor’s Mandate The councillor’s role is not an easy one and demands expertise and knowledge about the local government system and municipal environment. Councillors must have an understanding of their mandate. There are many challenges they will face during their five year term such as high expectations of the communities they serve, competing interests among different groups of citizens living in the municipality, limited human and financial resources and tight time frames for delivery of services. The councillor’s mandate must guide him or her in the conduct of their duties. Three important aspects of the councillor’s mandate are: - Acting as representatives of, and reporting back to, the community they serve; - Providing leadership roles in the council; and, - Acting as custodians or guardians of public finances. The Department developed a Handbook called “Everything you need to know about being a Councillor”which provides useful and accessible information to councillor on a number of key issues. Chapter 1: Introduction This chapter is all about governance – the obligations and duties of leadership and the art of being a wise and effective councillor. It lays the foundation for the Handbook by stating that the foundation of being a good councillor is sound ethics and integrity of character in everything you do. It stresses that councillors are there to serve, not to dictate. Chapter 2: National and Provincial Legislation applicable to Local Government Before going any further, it is important to understand the legal background to municipal government. While there are a great many laws that you will come across during your term as councillor, the laws summarised in this chapter are the key pieces of legislation that you need to know and understand. Chapter 3: Inside the Council This chapter provides a brief summary of the key structures and functions of the Council itself. You have to understand how a Council operates and what the powers and limits to those powers are within Council. Chapter 4: Councillor Oversight This chapter deals with accountability; the mechanisms that are in place to ensure that Council business is conducted within the law and that public money is spent cost-effectively for the benefit of all the communities in the municipality. Chapter 5: Intergovernmental Relations It is not just the operations within the Council and municipality that are important, it is also essential that councillors and Council establish and maintain good relationships with all other spheres of government, including neighbouring local municipalities, the district municipality, provincial and national government departments as well as traditional authorities. This chapter deals with those intergovernmental relationships. Chapter 6: Municipal Milestones This is a brief but important chapter dealing with some essential dates that councillors need to be aware of where, in terms of policy and legislation, the Council and its administrative staff, need to perform certain functions, submit or receive key Council reports and deal with critical planning, budgeting and financial matters. Chapter 7: Service-delivery Trends This chapter describes briefly two of the important service delivery issues which concern all Councils – providing for the poor and dealing with the provision of housing and associated services. Clearly, there is much more that councillors will have to deal with while in this position and this will be covered during councillor training. Chapter 8: Councillors and the Community This chapter links back strongly to Chapter 1; it deals with the essential relationship and responsibility of councillors towards the communities they serve. It stresses the importance of working closely with community representative structures to obtain information on needs and challenges, and the importance of reporting back on Council matters to ensure openness and transparency, the basis of a working and sound democracy. Chapter 9: Major Programmes and Support for Local Government This chapter provides information on key development and governance programmes that municipalities are responsible for and which Councillors need to know about and understand. Chapter 10: Finance A municipality has to manage its finances effectively and efficiently; if it does not, then it will be unable to perform its functions and not be able to fulfil its mandate. Councillors play a critical role in ensuring that there is sound financial management and accountability through a system of checks and balances. This chapter sets out the key points that councillors need to know about and comply with in terms of legislation. Chapter 11: Performance Management Performance management runs through every aspect of Council and municipal operations. This chapter reinforces those performance management milestones, as well as setting out specific performance management tasks and indicators that must be complied with in order to ensure accountability and promote efficient and effective governance. Chapter 12: Municipal Planning Underlying all of Council‟s work and municipal responsibilities in terms of service delivery is good planning. All operations rely on finances and budgets and the municipal budget is drawn out of a participatory planning process – the strategic Integrated Development Plan for the municipality. This chapter describes briefly the key planning documents that guide the Council and its staff in all their activities. In addition the Department researched and developed 8 modules which are currently in the process of being accredited before roll-out. Module 1: Municipal Governance This module provides an overview of municipal governance and administration and is the foundation for subsequent modules which contain more detail on various aspects such as municipal finance and performance management. It is essential that Councillors have an overall understanding of municipal governance with the broad overview of how the Council and Administration work together. The intended outcomes of the module are that councillors will have: 1. An understanding of the main objectives of the Constitution in terms of its implications for local government an understanding of the clauses of the Constitution sets out the separate roles and responsibilities of the three levels of government and how these levels are linked; an overall understanding of the objectives of local government; an understanding of the objectives of municipalities in terms of co-operative government; an understanding of the status of municipalities; 2. A clear picture of the different elements of local government an understanding of the difference between local, provincial and national government structures and processes the main roles and functions of local government the activities of local government and their social and economic impact the establishment, composition, terms, powers and functions of municipalities are understood and explained 3. A clear understanding of their own work roles and accountabilities and how these contribute to the achievement of the roles and functions of local government an understanding of the scope and limitations of a councillor’s role an understanding of the personal responsibility of a councillor in delivering government’s objectives at a local level how the objectives, developmental duties and functions of local government are listed and linked to a councillor’s own work roles how the Batho Pele principles in the context of a councillor’s work are linked to the roles and functions of local government 4. An understanding of the challenges confronted by local government and how government responds to those challenges an understanding of the kind of challenges and the extent of the responsibility of local government in responding to those challenges 5. An overall understanding of municipal governance (political structures) and administration (staff / administration structures) structure and functioning 6. An appreciation that this provides a foundation on which to build more detailed knowledge about municipal governance during later, more intensive capacity building on this aspect of local government. 7. An understanding that this is the foundation for all other more specialised activities in the municipality. Module 2: Municipal Planning The purpose of the module is to introduce councillors to municipal planning concepts and some of the key legislation and policy that governs or guides municipal planning. The Integrated Development Plan or IDP is the central planning document which guides all municipal activities and drives the annual budgeting process. The IDP is informed by a number of different types of plans, including sector plans, such as Local Economic Development Plans, Transport Plans and Water Services Development Plans. Council makes decisions, amongst other things, on applications they receive for various types of development. For councillors to take informed decisions, it is essential that they understand how these plans are developed and what the implications are of implementing such plans. The intended outcomes of the module are that councillors will have: 1. A clear picture of the different elements of local government, in this case, that of municipal planning 2. A clear understanding of their own work roles and accountabilities and how these contribute to the achievement of the roles and functions of municipal planning 3. An understanding of the challenges confronted by municipal planning and how government responds to those challenges 4. An appreciation that this module provides a foundation on which to build more detailed knowledge about municipal planning during later, more intensive capacity building on this aspect of local government. Module 3: Municipal Finance The module introduces councillors to two aspects of their role as overseers of municipal finance: Financial management: refers to the councillor’s duty to safeguard municipal assets, to monitor council’s performance, to be accountable for how money is used and to oversee budgeting processes. Councillors play an important role in financial management to ensure that money is spent in a way that is accountable and transparent. Budgeting processes: the difference between a capital and an operating budget will be explained as well as the budgeting processes and budgeting cycles that municipalities must adhere to. Councillors also oversee budgeting processes to ensure that the municipality is able to deliver basic services efficiently and address the needs of the communities they serve. Municipal finances are complex and there are elements of municipal finance that are important for municipal councillors to be aware of, even if they do not have to understand the detailed workings which is the concern of the municipal administration. The intended outcome of the module is that councillors will have: 1. received information on a broad overview of the structure and functioning of municipal finances; 2. received more detailed information on those elements of municipal finances which directly affect councillors responsibilities; 3. gained a general understanding of the main elements of municipal financing and the councillor’s role in dealing with municipal finances; 4. sufficient knowledge to be able to answer the questions that form part of the training manual; and, 5. a reference document in the form of this module which they can use in conjunction with the Councillor Handbook during the course of their work as a councillor. Module 4: Municipal Infrastructure A fundamental role of local government is the provision of services – water, sanitation, electricity, municipal level roads, street lighting and waste/refuse collection and disposal. These are the issues which most affect the residents of a municipality when the services are poor, non-existent or if there are problems. In the case of lack of, or poor provision of potable water, sanitation and waste disposal facilities, there are serious health risks that can arise which will not only affect the residents who are experiencing the poor services, but the effects will spread of those areas, causing, for example, water pollution which will affect all users downstream. Service delivery protests have become a regular feature of the local political landscape. It is therefore essential that councillors understand, broadly, the mechanisms and processes that need to be in place for the provision of efficient, appropriate and sustainable infrastructure. Sustainable in this sense means being able to afford ongoing maintenance on an operational basis. The intended outcomes of the module are that councillors will have: 1. A clear picture of the different elements of local government, in this case, that of municipal infrastructure 2. A clear understanding of their own work roles and accountabilities and how these contribute to the achievement of the roles and functions involved in the provision of municipal infrastructure 3. An understanding of the challenges confronted in municipal infrastructure provision and how government responds to those challenges 4. An appreciation that this module provides a foundation on which to build more detailed knowledge about municipal infrastructure during later, more intensive capacity building on this aspect of local government. Module 5: Performance Management The purpose of the module is to provide councillors with a thorough overview of performance management in a municipality – what it means, how it is carried out, and what the benefits are to a proper system of performance management (PMS). Of particular importance is that councillors should understand their role in performance management, and that if carried out properly, should result in a cost-effective, efficient operating system within the municipality. The intended outcomes of this module are that councillors should: 1. have a broad understanding of the legal framework that guides performance management in a municipality; 2. understand the roles and responsibilities of councillors in performance management; 3. understand the issue of accountability in performance management; 4. understand the principles of performance management; 5. understand the concept of key performance indicators in monitoring and evaluation of performance in all areas and functions of the municipality Module 6: Traditional Governance This module will provide councillors with information on how and where traditional leadership and traditional authorities link into municipal government – both the political and administrative components of local government. The intended outcomes of the module are as follows: 1. knowledge and understanding of the legislative background to traditional governance and how this relates to municipal management; 2. an understanding of the relationship between traditional leadership and municipal political leadership and management; 3. an understanding of the role that traditional leaders should play in municipal affairs, particularly with respect to public participation; 4. an understanding of the responsibilities of councillors towards ensuring that there is communication with traditional leaders and that they are provided with the opportunity to participate actively in municipal affairs 5. an understanding of the limitations of involvement of traditional leaders in municipal affairs. Module 7: Public Participation Increasing community participation in local governance can help deepen democracy and improve good government. Examples from all over the world show that greater community participation can empower communities, improve people’s material lives and build community identity. To achieve this, however, is hard work, and perhaps the hardest part of all is a change of attitude to local governance from councillors, officials and the community. No longer is government something done by elites to the community, but rather a shared responsibility, with new requirements to openness, inclusion and respect among all. The purpose of this module is to demonstrate to councillors the central importance of community participation in deepening democracy at local government level, and provide councillors with the practical information they need to ensure that they comply with the spirit and intent of the legislation in working with, or setting up, effective community participation structures. The intended outcomes of this module are: 1. councillors will be fully informed of the essential reasons for, and meaning of community participation; 2. councillors will have an understanding of their central role in community participation, in terms of informing, consulting and involving the community, particularly with regard to the key municipal processes; 3. community participation in the municipal wards will be effective and add value to the key municipal processes; 4. democratic principles and practices will be promoted and sustained throughout the term of office of ward councillors throughout the entire municipality. Module 8: Special Projects and Additional Matters This module brings together several additional aspects of governance that municipal councillors will encounter during their term of office and which they need to have an understanding of. Councillors play a role in each of these functions. The module covers: i. Rural Development ii. Community Work Programme iii. Local Economic Development iv. Disaster Management • The intended outcome of the module is: 1. That councillors have knowledge of these special programmes and additional activities of municipal governance or of concern to municipal governance 2. That councillors understand the role they can play in relation to these programmes. 14th Floor, North Tower Natalia Building 330 Langalibalele Street Pietermaritzburg, 3200 Tel: +27(0) 33 395 2831 Fax: +27(0) 33 345 6432 E-mail: [email protected] Website: www.kzncogta.gov.za