SECTION I 7.21.1.14 Policy
2.7 OBJECTIVES, POWERS AND FUNCTIONS OF MUNICIPALITIES
Section 152 (1) of the Constitution of the Republic of South Africa, (Act 108 of 1996) and the KwaZulu Natal Provincial Enactment Act (Act No 38 of 1996 set out the objectives of local government.
2.7.1 OBJECTIVES
Zybrands (1998:205-208) provides an overview of each objective
(a) Providing democratic and accountable government for local communities
There is an obligation on the part of the Government of National Unity (GNU) to provide democratic local government. This implies free, fair and regular elections based on voters' rolls that are comprehensive to reflect the potential number of voters adequately.
Democracy is not restricted to elected government structures only. It implies that ways and means should be found for the broad public to give input on a continuous basis. For this to be successful, a municipal council should also report back regularly to its electorate. This is where the aspect of accountability comes into play, viz. Accountable government. A council must give feedback to its community regularly, but what can a community do if it is dissatisfied with such feedback? The offices of the Public Protector and the Auditor-General have been established as public watchdogs.
(b) Ensuring the provision of service to communities in a sustainable manner
This underlines the fact that a local authority is a service-rendering institution. Such services are rendered to satisfy the need of the people. Sustainability could guarantee that the services should continue in the future and not be easily abandoned. A service is also only sustainable if it is affordable and addresses a real need of the public. The identification and prioritisation of services to be rendered are, therefore, key objectives of a municipality.
The services rendering function of a municipality is crucial to the study. The provision of water and electricity are fundamental services that should be made accessible to all citizens, especially the poorer section of the population at affordable cost.
Sustainable development (Hunter 1995:238) is development that meets the needs of the present without compromising the ability of the future generations to meet their own needs.
Cook (1995:279) assert that people are at the heart of the quest for sustainability, both as the means by which development activities are carried out (through direct or indirect funding), and as a reason why development happens in the first place (to improve the quality of life).
(c) Promoting social and economic development
Both these aspects are particularly new to local government and have not, in the past, been part of their traditional function. Social development could include aspects such as child welfare functions, for example, feeding schemes, creches, day care centres and recreational facilities. It could also include the care of the aged by promoting the homes, and even pension pay-outs. It could address issues such as unemployment, family violence, drug dependence, alcohol abuse and marriage counselling.
All these services, if rendered, would require highly skilled employees and, in turn, also substantial funding. In this regard, Section lOD(l) (b) of the Local Government Transitional Act, 1993 (Act 209 of 1993) states that the powers and duties conferred or imposed upon or delegated/ assigned to a council can only take place if sufficient resources for the exercise of such power or the performance of such duty are made available. Economic development can only take place if a municipality has adopted its own Local Economic Development (LED) plan.
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In order to address urban problems such as unemployment and the affordability of levels of services such as water and electricity, it follows that urban local government will, in future, be obliged to stimulate its local economy and create jobs.
(d) Promoting a safe and healthy environment
"Safe", from a healthy point of view, could mean preventing the spread of contagious diseases and ensuring a healthy life, inter alia, by providing primary health care services.
It could also refer to matters such as environmental pollution, which could include noise, water and air pollution. "Safe" could also refer to the combating of crime. Authority to combat crime can be found in Section 10D (1) (a) of the LGTA of 1993 (Act 209 of 1993), which states that a council may establish and control a municipal law enforcement agency subject to the South African Service Act, 1995 (Act 68 of 1995).
As policing is primarily a function of concurrent national and provincial competence, it should be understood that local government is not obliged to do local law enforcement and may only do so if it has the financial resources available. One of the major challenges will be to strike a proper balance between economic development which implies industrialisation and its concomitant negative impact on the environment and the promotion of a safe and healthy environment.
(e) Encouraging the involvement of communities and community organisations in the matters of local government
Section 152 (1) (e) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) states that one of the objects ("purposes") of local government is to encourage the involvement of communities and community organisations in the matters of local government.
Similarly, Section lOG (1) (g) of the LGTA, 1993 (Act 209 of 1993) states that a municipality must actually report to and receive feedback from its community regarding the objectives set in its integrated development plan. The audited account of a
municipality must also be considered in public at a meeting to which the public has specifically been invited.
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Achieving objectives within financial and administrative capacityThe attainment of the stated objectives is qualified by Section 152 (2) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) which states that a municipality must strive, within its financial and administrative capacity, to achieve its objectives. The constitutional recognition that a municipality's own financial and administrative capacity could inhibit the attainment of the objectives is very meaningful. It implies that a local community cannot raise unrealistic expectations, which are beyond the financial and administrative means of a municipality.
2.7.2 POWERS
Section 156 (1) of the Constitution of the Republic of South Africa (Act 108 of 1996) stipulates that a municipality has executive authority in respect of, and has
(a) the right to administer the local government matters,
(b) any other matter assigned to it by national or provincial legislation.
In the general elections of 1994, the Inkatha Freedom Party won 51 percent of the vote
(41 seats) in the KwaZulu Natal provincial legislature, the ANC won 32 percent (26 seats), the National Party won 11 percent (9 seats), the Democratic Party won 2 percent (2 seats), and the African Christian Democratic Party (lseat), the Minority front (1 seat) and the Pan African Congress each won 1 percent.
The Cabinet portfolio were assigned according to the formula in the interim constitution which stipulated that all parties with at least 10 percent of the seats in a provincial legislature would be entitled to one or more cabinet portfolio in proportion to the number of seat held by other parties, Constitution of the Republic of South Africa, Act 200 of 1993. Section 149 (2) portfolio and Mr Jacob Zuma of the ANC became MEC of Economic Affairs and Tourism portfolio.
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Given the combative nature of the ANC-IFP relation, the implementation of National policy at provincial level, could not be taken as a foregone conclusion. The most important legislation in this respect was, of course, the Reconstruction and Development Programme.
In terms of Section 156 (5) of the Constitution of the Republic of South Africa 1996 (Act 108 of 1996), municipalities also have the incidental right to exercise any power concerning a matter reasonably necessary for, or incidental too, the effective performance of their functions. These schedules contain a wide range of functions ranging from traditional aspects such as the provision of water; sewage, sanitation, electricity and roads, to other less traditional functions such as child care facilities and the control of undertakings that sell liquor to the public.
The powers mentioned above make the Durban Metropolitan Council the pnmary infrastructure and service provider in the Durban Metropolitan Area.
2.7.3 FUNCTIONS OF MUNICIPALITIES
A new local government system needs to be building on the strengths of the current system. Equally, it needs to address its weakness, and build the capacity of municipalities to address the considerable challenges they face.
Municipalities face the challenge of managing environmentally urban and rural systems.
Municipalities need to function extensively in order to address some of the challenge functions.
The powers and functions of municipalities should be exercised in a way that has a maximum impact on the social development of communities in particular meeting the basic needs of the poor and on the growth of the local economy. Through its traditional responsibilities (service delivery and regulation), municipalities exert a great influence over the social and economic well being of local communities. Each year municipalities collect a large sum in rates, user charges and fees.
They employ thousands of people throughout the country. In many cases, they are responsible for water, electricity and roads. They control the use and development of land. In parts of the country they own substantial amounts of land.
They purchase goods and services and pay salaries and therefore contribute to the flow of money in the local economy. They set the agenda for local politics, and the way they operate gives strong signals to their own residents and to respective migrants and investors. These functions give municipalities a great influence over local economies.
Municipalities therefore, need to have a clear vision for the local economy, and work in partnership with local business to maximise job creation and investment.
Both local government and municipalities should work together. Local government can also promote social development through functions such as arts and culture, the provision of recreational and community facilities, and the delivery of aspects of social work servIces.
Municipalities have the constitutional power to provide child care facilities, and may provide grant to associations for this purpose in terms of the Child Care Act of 1993. The empowerment of marginalised and disadvantaged groups is a critical contribution to social development. Municipalities should also seek to provide an accessible environment for disabled people so as to facilitate their independence (Local Government: White Paper 1998:39).