2.1.1 THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA
Chapter 7 of the Constitution of the Republic of South Africa, Act 108 0f 1996 establishes local government as a distinct sphere of government with full authority to govern, on its own initiative, the local government affairs of its own community subject to national and provincial legislation. It provides for the establishment of three categories of municipalities, that is Categories A (metropolitan municipalities); Category B (District municipalities); and Category C (local municipalities). Zululand District Municipality is a Category B Municipality.
Section 152 of the Constitution defines the core business and basis for the existence of local government as:
o to provide democratic and accountable government for local communities;
o to ensure the provision of services to communities in a sustainable manner;
o to promote social and economic development;
o to promote a safe and healthy environment; and
o to encourage the involvement of communities and community organizations in the matters of local government.
Therefore, the Constitution requires a municipality, the ZDM in this context, to structure and manage its administration, budgeting, and planning processes to give priority to the objects of local government and to participate in the national and provincial development programmes hence developmental local government.
2.1.2 LOCAL GOVERNMENT:MUNICIPAL DEMARCATION ACT,ACT NO.27 OF 1998
The Municipal Demarcation Act, (Act No. 27 of 1998) establishes the Municipal Demarcation Board and outlines a process for the redetermination of municipal boundaries in South Africa. Chapter 2 of the Act outlines the demarcation process, and requires determination of a municipal boundary to enable the Constitutional role of a municipality and attainment of demarcation objectives, that being to: -
o enable the municipality for that area to fulfil its constitutional obligations, including- o the provision of democratic and accountable government for the local communities;
o the provision of services to the communities in an equitable and sustainable manner;
o the promotion of social and economic development; and o the promotion of a safe and healthy environment;
o enable effective local governance;
o enable integrated development; and
o have a tax base as inclusive as possible of users of municipal services in the municipality.
These objectives are similar to the objects of local government as outlined in the Constitution and represent the broader outcomes that a boundary redetermination process should seek to achieve. Section 25 identifies 12 factors that the Board must take into account when determining a municipal boundary. These factors are intended to enable developmental local government.
2.1.3 LOCAL GOVERNMENT:MUNICIPAL STRUCTURES ACT,117 OF 1998
Part B of Schedules 4 and 5 of the Constitution provides an indication of the exclusive competencies of local government. However, the Local Government: Municipal Structures Act, Act No. 117 of 1998 provides details on the establishment, structure and allocation of powers and functions between district and local municipalities. Section 12 (1) bestows the responsibility for the establishment of a municipality by government gazette notice to the MEC for local government in the Province. It provides for the establishment and operation of municipal structures including municipal council, executive committees, ward committees, municipal administration and any other committees that are necessary for an efficient and affective performance of powers and functions. The Systems Act further requires a district municipality, including the ZDM, to seek to achieve the integrated, sustainable and equitable social and economic development of its area as a whole by:- o ensuring integrated development planning for the district as a whole;
o promoting bulk infrastructural development and services for the district as a whole;
o building the capacity of local municipalities in its area to perform their functions and exercise their powers where such capacity is lacking; and
o promoting the equitable distribution of resources between the local municipalities in its area to ensure appropriate levels of municipal services within the area.
Section 84 of the Act provides a more detailed list of powers and functions that a district municipality must perform.
2.1.4 LOCAL GOVERNMENT:MUNICIPAL SYSTEMS ACT,ACT 32 OF 2000
The Local Government: Municipal Systems Act, Act 32 of 2000 regulates the process of assigning powers and functions to local government. It entrenches the principle of cooperative government within this sphere of government, and introduces, among others, the following systems for an efficient and effective operation of municipalities:
o Community participation which is essentially the involvement and participation of local communities in local government affairs that impacts on them directly and indirectly.
o Integrated development planning (IDP) which coordinates the work of different spheres of government within the district; provides for integrated and sustainable development;
and sets a framework for the desired land use pattern.
o Performance management system (PMS) used to measures if the organization meets its targets; achieves its goals; and makes the desired impact.
o Delegation system which optimizes administrative and operational efficiency; and creates a responsive organization.
o Mechanisms for an efficient and effective provision of services including outsourcing.
o Establishment and operation of municipal entities.
o Establishment and operation of service utilities:
2.1.5 LOCAL GOVERNMENT:MUNICIPAL FINANCIAL MANAGEMENT ACT
The MFMA provides a sound financial governance framework at a local government level. It separates and clarifies the roles and responsibilities of the mayor, executive and non- executive councillors, and officials. It maximises the capacity of municipalities to deliver services to all its residents, customers, and users. It is based on the following five principles:
o promoting sound financial governance by clarifying roles;
o a more strategic approach to budgeting and financial management;
o modernisation of financial management;
o promoting co-operative government; and o promoting sustainability.
In addition, the MFMA gives effect to the constitutional principle that recognises local government as a “distinctive” and “independent” sphere, with the power to determine its own budget and policies.