Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 7 : Local Public Administration and Human Resources

Purchase

(1)

A municipality must, within the framework of and in accordance with relevant provisions of the Municipal Structures Act, this Act and other applicable legislation, define the specific role and area of responsibility of each political structure and political office bearer of the municipality and of the municipal manager.

(2)	The respective roles and areas of responsibility of each political structure and political office bearer and of the municipal manager must—

(a)	be defined in precise terms by way of separate terms of’ reference, in writing, for each political structure or political office bearer and the municipal manager; and

(b)	be acknowledged and given effect to in the rules, procedures, instructions, policy statements and other written instruments of the municipality.

(3)	Instruments defining, acknowledging or giving effect to the roles and areas of responsibility of these political structures and political office bearers and the municipal manager must be appropriate to the category and type in which the municipality falls.

(4)	Terms of reference mentioned in subsection (2)(a) may include the delegation of powers and duties to the relevant political structure or political office bearer or the municipal manager in terms of section 59.

(5)	When defining the respective roles and areas of responsibility of each political structure and political office bearer and of the municipal manager, the municipality must determine—

(a)	the relationships among those political structures and political office bearers and the municipal manager, and the manner in which they must interact;

(b)	appropriate lines of accountability and reporting for those political structures and political office bearers and the municipal manager;

(c)	mechanisms, processes and procedures for minimising cross-referrals and unnecessary overlapping of responsibilities between those political structures and political office bearers and the municipal manager;

(d)	mechanisms, processes and procedures for resolving disputes between those political structures and political office hewers and the municipal manager; and

(e)	mechanisms, processes and procedures for interaction, between-

(i)	those political structures and political office bearers and the municipal manager and other staff members of the municipality; and

(ii)	councillors and the municipal manager and other staff members of the municipality.

(6)	If a municipality has a decentralised regional administration in any part of its area, the municipality must determine mechanisms, processes and procedures for interaction between the regional management of the municipality and—

(a)	the ward councillor or other councillor responsible for that part of the municipality’s area;

(b)	any subcouncil or ward committee, where applicable, in that part of the municipality’s area; and

(c)	the local community in that part of the municipality’s area.