STUDENT NUMBER : 10277374

LOCAL GOVERNMENT LAW (LGL3702)

DATE : 19 OCTOBER 2022

OCT\NOV EXAMINATION 2022

QUESTION 1 :

1.1 The municipal councillors are all bound by the code of conduct as included in the Systems Act , and
he code of conduct concerns trhe intergrity of councillors and their accountability towards the
community.

In Schedule 1 of the Systems Act it is listed that councillors must do these duties :

· Perform their duties in good faith , in the interest of the municipality

· Attend meetings of the either the council or other committees of which they are members

· Declare their financial interests, including shares in a company , membership of a close

· Declare gifts received above R1000 in value - such declaration must describe the gift , indicate
the source of the gift and give the value of your gift

· Councillors must declare any direct/indirect personal/financial interest that they have in matter
before the council (if the interest is not trival , the councillor must withdraw from the matter.

1.2 The negative external constraints on local government the Constitution created the legal framework
for the local government , however we identify the number of external factors that despite the legal
framework being in place , have a negative impact on the current municipal system.

· Financial contraints

As a consequence of a new local government structure - and specifically the enhanced responsibilities of
the local government , the number of people for whom each municipal authority must provide services
has increased significantly, it increases the number of the households requiring services along with the
generally expanded jurisdictions of each municipality have not been counterbalanced by the increases in
tax reenue.

· Administrative challanges
The incorporation of local government as a significant sphere and one that is largely autonomous in its
decisions - has resulted in subsantial administrative changes , despite this constitutional imperative local
government still faces a number of administrative difficulties . These include hierarchial structures, a lack
coordination between different departments , inexperienced and untrained staff and general shortage of
women in senior positions , these difficulties have to be addressed through new capacities , approaches
and attitudes and importantly the relationship between municipal council and local communities as well
as between the municipal councils and various operations divisions (including the administrations ,
management and workforce ) in each municipality - will have to be improved.

· Legislative complication

A number of new laws were introduced in order to give the effect to the Constitution in the area of local
government . Many old-order laws ( laws that applied during the pre-1994 period) remain in force and
and continue to operate alongside the newly enacted local government laws. Unsuprinsingly , the old-
order were enacted to give the apartheid governments' policies and ideals. This precidiment has created
some uncertainity for municipal councils.

1.3 The following are the 5 initiatives :

· codes of conduct (for councillors , traditional leaders and officers)

· full-time appointed councillors

· new structures and functionariesunder new legislative scheme

· performance management (these are measured against key performance indicators)

· public rights and responsibilities

1.4 The core components of intergrated development plans are :

An intergrated development plan must reflect

1. the municipal council's vision for the long term development of the municipality with special
empasis on the municipality's most critical development and internal transformation needs ;

2. as assessment of existing level of development in the municipality , which must include an

4. the council's development strategies which must be aligned with any national or provincial
sectoral plans and planning requirements binding on the municipality in terms of the legislation ;

5. a spatial development framework , which must include the provision of basic guidelines for a
land use management system for the municipality ;

6. the council's operational strategies;

7. applicable disaster management plans ;

8. a financial plan . which must include a budget projection for at least the next three years and ;

9. the key performance indicators and performance targets determined in terms of section 41.

1.5 The Bill of Rights contains the foundational constitutional values that underlie our new
constitutional dispensation , the Bill of Rights protects fundamental human rights , includiing the right to
be treated equallyand the right to human dignity. In addition the Bill of Rights incorporates certain core
values into our democratic government ( and local government law forms part of 'government') , namely
accountability responsiveness and openness.

QUESTION 2 :

2.1

Category A

The plenary system cannot stand alone and cannot be combined with either one or both patricipatory
systems in category A (Metropolitan)municipality . Metropolitan areas are too large for plenary executive
systems . Catogory A municipalities can therefore have either the collective or mayroyal system alone , or
be combined with either one or both the patricipatory systems. Sub-councils are usually implemented
on the metropolitan municipaly, and in such case the municipality should consider how the ward and
sub-council systems should co-operate and interact.

Category B :

The new system of local government in South Africa promotes a vision of a two-tier system of local
councils and region wide discrict councils throughout the entire territory of the state excluding
metropolitan areas. It should have one of the three executive systems , and it can only have the
executive system or a combination of executive system with a ward patricipatory system is therefore not
an option for category B municipalities.

Category C

District municipalities may not , therefore , combine the executive systems with one of the patricipatory
systems because district municipalities do not have wards and because local presentation is already
provided for through councillors and importantly , these municipalities must ensure community
participation since these areas usually covers large areas of land in typically rural areas.

2.2

Boundless Municipaliity ( Category A)

· a municipality with a collective executive system;

· a municipality with a collective executive system combined with a sub- council participatory;

· a municipality with a collective executive system combined with a ward partcipatory system ;

· a municipality with a colective executive system combined with both sub-council and ward
patricipatory system;

· a municipality with a mayroyal executive system

Sunday's River Municipality (Category B)

· A municipalities share municipal executive and legislative authority

· It is also known as a Local Municipality/Council

· If part of the area that in terms of section must have municipalities of both category C and D , is
declared in subsection 2 , as district management area that part does not have a category B
municipality.

Tigre Municipality (Category C)

· a municipality with a collective executive system ;

· a municipality with a plenary executive system.

2.3 The establishment of the municipality takes olace by publication of a notice in a Provincial Gazette.
Section 12 of the structures Act headed "MECs to establish municipalities " prescribes certain
requirements in order for such establishments to be effective . The municipality will be formally
established at the first election of council of the given municipality and the so-called "section 12 of the
notice" must be published by the MEC for Local Government .

Section 12 (3) provides the following :

10. the category of minicipality that is established

11. the type of municipality that is established

12. the boundaries of the municipal area

13. the name of the municipality

(dA). in the case of metropolitan or local municipality , the number of wards in the municipality .

e. the number of councillors

(eA). in the case of a district nunicipality , the number of councillors , to represent both parties
proportionally and o represent each local municipality directly

f. which councillors of the municipality(if any) may be designated full time

g. any provisions of this Act from which the municipality has been exempted; and

i. any other relevant detail

QUESTION 3 :
QUESTION 4 :

Section 171 of the MFMA("Financial miscounduct by municipal officials", regulates the posistion where
an accounting offeicer of the municipality commits financial misconduct .

(1) The accounting officer of a municipality commits an act of fnancial misconduct if that accounting
officer of a municipality .

a)contravenes a provision of this Act

b) fails to comply with a dusy imposed by a provision of this Act on the accounting officer of a
municipality.

c) makes or permits or instructs another official of the municipalityto take an unauthorised , irregular or
fruitless and wasteful expenditure or

d) provides incorrect or misleading information in any document which in terms of a requirement of this
Act must be

14. submitted to the mayor or the council of the municipality or the Auditor General, the National
Treasury or other organ of state or
15. made public

(2) The chief financial pfficer of the municipality commits an act of financial misconduct if that officer
delibrately and negligently