Chapter 7 of the Constitution of South Africa: Local Government

Chapter 7 of the Constitution of South Africa (Umgaqo-siseko woMzantsi Africa) is about the Local Government and it states:

"Status of municipalities

151. (1) The local sphere of government consists of municipalities, which must be established for the whole of the territory of the Republic.

(2) The executive and legislative authority of a municipality is vested in its Municipal Council.

(3) A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation,

as provided for in the Constitution.

(4) The national or a provincial government may not compromise or impede a municipality’s ability or right to exercise its powers or perform its functions."

Then the objectives of local government are as follows:

152. (1) The objects of local government are—

(a) to provide democratic and accountable government for local communities;

(b) to ensure the provision of services to communities in a sustainable manner;

(c) to promote social and economic development;

(d) to promote a safe and healthy environment; and

(e) to encourage the involvement of communities and community organisations in the matters of local government.

(2) A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1)."

Sisahamba sonke ne? Kuyenzeka uMaspala angakwazi ukuphumeza zonke ezizidingo okanye asilele ukufezekisa iminqweno nesikhokelo kulomgaqo siseko siyibaluleyo ngaphambili. Xa kunjalo, kwawona lomgaqo-siseko uthi kungangenelelwa ngolu hlobo nguRhulumente wePhondo ngengokuba uChapter 6 esitsho:

"Provincial intervention in local government

139. (1) When a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking

any appropriate steps to ensure fulfilment of that obligation, including—

(a) issuing a directive to the Municipal Council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations;

(b) assuming responsibility for the relevant obligation in that municipality to the extent necessary to —

(i) maintain essential national standards or meet established minimum standards for the rendering of a service;

(ii) prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or

(iii) maintain economic unity; or

(c) dissolving the Municipal Council and appointing an administrator until a newly elected Municipal Council has been declared elected, if exceptional circumstances warrant such a step..."

Kutsho ukuthi xa umasipala engakwazi okanye engayizalisekisi imfanelo yolawulo ngokwemigaqo yoMgaqo-siseko okanye umthetho, isigqeba esilawulayo sephondo esichaphazelekayo sinokungenelela ngokuthabatha amanyathelo asemthethweni okanye nawaphi na amanyathelo afanelekileyo okuqinisekisa ukuzaliseka kweso sibophelelo somgaqo-siseko.

The next post will cover excerpts from another set of legislation governing municipalities, as we build our case for community participation in the local sphere of government in South Africa.

Ibethil'intsimbi.

By Olwam Mnqwazi

Photo by Loyiso Mali