INSTITUTIONAL DEVELOPMENT & TRANSFORMATION
1.3 Organizational review analysis
The administration, as appropriately delegated, has a responsibility to support the Council in exercising its powers and functions. It has to support the political structures in performing the political functions. These include the Council itself, the offices of the Speaker, the Mayors and his/ her Mayoral Committee and Council Committees. It also has a responsibility to support the functioning of community participation structures as required in Chapter 5 of the Municipal Systems Act. These include ward committees. Lastly, it has to ensure that services that are incidental to the exercise of the municipality’s powers and functions are delivered.
The objective of this section of the situational analysis is to assess the extent to which the administration is able to meet the above responsibilities and identify issues that may be of strategic concern in this regard so as to inform the development of strategies and in particular the extent to which the administration may or may not be able to deliver the municipal strategy as contained in the IDP.
This section will first clarify the powers and functions of the municipality and then asses the extent to which the powers and functions are being performed.
Powers and Functions at Nyandeni Local Municipality
Section 156 of the Constitution1 provides for the powers and functions of municipalities and states that a municipality has executive authority in respect of, and has the right to administer:
(a) the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and
(b) any other matter assigned to it by national or provincial legislation.
As indicated above a municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer.
Specific functions and the way that the responsibilities for these functions are allocated to the 3 different spheres of government are detailed in Schedules 4 and 5 of the constitution. Schedules 4B and 5B identifies those functions allocated to local government.
These Schedules read together with section 84 of the Local Government:
Municipal Systems Act2 provide further for the distinction between those services which can be delivered by district municipalities and those which can be run by the local municipalities.
The Nyandeni Municipality has been allocated powers and functions in terms of the Constitution and the Municipal Structures Act no 117 of 1998. Accordingly, Nyandeni has been granted executive authority over its area of jurisdiction.
1 Constitution of the Republic of South Africa, Act 108 of 1996
2 Local Government: Municipal Systems Act, Act 32 of 2000
Constitutionally Allocated Functions
The table below illustrates the powers and functions that have been allocated to local government in terms of Part B of Schedules 4 and 5 of the Constitution.
Figure 9: Powers and functions of local government Part B of Schedule 4 Part B of Schedule 5
1. Air pollution
2. Building regulations 3. Child care facilities 4. Electricity and gas
reticulation
5. Fire-fighting services 6. Local tourism
7. Municipal airport 8. Municipal planning 9. Municipal health services
10. Municipal public transport 11. Pontoons, fairies, settees, piers
and harbours excluding the regulations of international and national shipping
12. Municipal public works only in respect of the needs of the municipalities
13. Storm water management system
14. Trading regulations
15. Water and sanitation services (limited to potable water supply system, domestic waste water and sewerage disposal system)
16. Beaches and amusement facilities
17. Billboards and display advertisement in public places
18. Cemeteries, funeral parlors and crematoria
19. Cleansing
20. Control of public nuisance 21. Control of undertakings that
sell liquor to the public 22. Facilities for the
accommodation care and burial of animals
23. Fencing and fences
24. Licensing and controlling of undertakings that sell food to the public
25. Local amenities 26. Local sport facilities 27. Markets
28. Municipal abattoirs 29. Municipal parks and
recreation 30. Municipal roads 31. Noise pollution 32. Pounds
33. Public places
34. Refuse removals, refuse dumps and solid waste disposals
Part B of Schedule 4 Part B of Schedule 5 35. Street trading 36. Street lighting 37. Traffic and parking
District Municipality Functions
Section 84 of the Municipal Structures Act provides for the Division of powers and functions between District and Local Municipalities, by clearly setting out the functions that are the responsibility of the District Municipality.
In terms of the Structures Act the following functions are the responsibility of District Municipalities:
(a) Integrated development planning for the district municipality as a whole, including a framework for integrated development plans of all municipalities in the area of the district municipality.
(b) Potable water supply systems.
(c) Bulk supply of electricity, which includes for the purposes of such supply, the transmission, distribution and, where applicable, the generation of electricity.
(d) Domestic waste-water and sewage disposal systems.
(e) Solid waste disposal sites, in so far as it relates to-
(i) the determination of a waste disposal strategy;
(ii) the regulation of waste disposal;
(iii) the establishment, operation and control of waste disposal sites, bulk waste transfer facilities and waste disposal facilities for more than one local municipality in the district.
(f) Municipal roads which form an integral part of a road transport system for the area of the district municipality as a whole.
(g) Regulation of passenger transport services.
(h) Municipal airports serving the area of the district municipality as a whole.
(i) Municipal health services.
(j) Fire fighting services serving the area of the district municipality as a whole, which includes-
(i) planning, co-ordination and regulation of fire services;
(ii) specialised fire fighting services such as mountain, veld and chemical fire services;
(iii) co-ordination of the standardisation of infrastructure, vehicles, equipment and procedures;
(iv) Training of fire officers.
(k) The establishment conduct and control of fresh produce markets and abattoirs serving the area of a major proportion of the municipalities in the district.
(l) The establishment conduct and control of cemeteries and crematoria serving the area of a major proportion of municipalities in the district.
(m) Promotion of local tourism for the area of the district municipality.
(n) Municipal public works relating to any of the above functions or any other functions assigned to the district municipality.
(o) The receipt, allocation and, if applicable, the distribution of grants made to the district municipality.
(p) The imposition and collection of taxes, levies and duties as related to the above functions or as may be assigned to the district municipality in terms of national legislation.
Authorized Functions
Section 85 of the Structures Act provides further that the MEC for local government in a province may, adjust the division of functions and powers between a district and a local municipality as set out in section 84 by allocating, within a prescribed policy framework, any of those functions or powers vested- (a) in the local municipality, to the district municipality; or
(b) in the district municipality (excluding a function or power referred to in section 84 (1) (a), (b), (c), (d), (i), (o) or (p), to the local municipality.
Provincial Notice No. 23 of 2003 dated 5 May 2003 deals with the adjustment of functions and powers between district and local municipalities in terms of section 85(1) of the Structures Act.
The notice provides as follows:
1. that O.R.Tambo District Municipality performs the following local functions in respect of Nyandeni Local Municipality:
a. Municipal planning;
2. that NLM performs the following district functions in its local area:
a. 84(1)(e) Solid waste disposal sites, in so far as it relates to- (l) the determination of a waste disposal strategy;
(ii) the regulation of waste disposal;
(iii) the establishment, operation and control of waste disposal sites, bulk waste transfer facilities and waste disposal facilities for more than one local municipality in the district
b. 84(1)(l) The establishment, conduct and control of cemeteries and crematoria serving the area of a major proportion of municipalities in the district.
c. 84(1)(n) Municipal public works relating to any of the above functions or any other functions assigned to the district municipality.
In addition, information supplied by the Municipal Demarcation Board3 suggests that NLM has been authorised by the provincial department to perform the following powers and functions. This needs to be confirmed by NLM and the details of the authorising document needs to be provided as well as a copy of the document:
Figure 10: Powers and functions NLM is authorised to perform
Part B of Schedule 4 Part B of Schedule 5 1. Air pollution
2. Building Regulations 3. Child-care facilities 4. Fire-fighting services -
including the DM function 5. Local tourism
6. Municipal airport
7. Municipal public transport 8. Pontoons and ferries 9. Storm water management
system
10. Trading regulations
11. Beaches and amusement facilities
12. Billboards and display advertisement in public places
13. Cemeteries, funeral parlors and crematoria – including the DM function
14. Cleansing
15. Control of public nuisance 16. Control of undertakings that
sell liquor to the public 17. Facilities for the
accommodation care and burial of animals
18. Fencing and fences
3http://www.demarcation.org.za/powers_functions2003/authorization/EC122.html
Part B of Schedule 4 Part B of Schedule 5
19. Licensing of dogs
20. Licensing and controlling of undertakings that sell food to the public
21. Local amenities 22. Local sport facilities 23. Markets
24. Municipal abattoirs 25. Municipal parks and
recreation 26. Municipal roads 27. Noise pollution 28. Pounds
29. Public places
30. Refuse removals, refuse dumps and solid waste disposals – including the DM function
31. Street trading 32. Street lighting 33. Traffic and parking 34. Municipal public works
As such of the 39 functions listed in Parts B of Schedules 4 and 5 of the Constitution, Nyandeni has been allocated 34 functions which it is required to deliver on.
Functions being performed by Nyandeni
Of the functions listed above, the following 16 functions are being performed by Nyandeni.
Figure 11: Functions performed by NLM
Part B of Schedule 4 Part B of Schedule 5 1. Solid waste
2. Abattoirs
3. Fire-fighting services 4. Municipal planning*
5. Storm water management system
6. Public transport 7. Trading regulations 8. Tourism
9. Electricity reticulation*
10. Cemeteries, funeral parlors and crematoria – including the DM function
11. Cleansing
12. Local sport facilities 13. Municipal parks and
recreation 14. Municipal roads 15. Pounds
16. Public places
17. Refuse removals, refuse dumps and solid waste disposal
18. Traffic and parking 19. Municipal public works The extent to which Nyandeni performs its functions
As mentioned above, NLM performs the municipal planning function and plans to perform electricity reticulation functions even though these have not been allocated to it. The extent to which the municipality performs its functions will be assessed from the point of view of the theoretical adequacy or appropriateness of the organisational structure and the state of the service to which the
administration actually performs in the areas it has set itself to perform.
The table below reflects function that NLM is authorised to perform but is not performing:
Figure 12: Functions authorised but not performed by NLM Part B of Schedule 4 Part B of Schedule 5
1. Air pollution
2. Building regulations 3. Child care facilities
4. Electricity and gas reticulation (not authorized but included in new organizational design) 5. Fire-fighting services
6. Municipal airport
7. Municipal public transport 8. Pontoons and ferries
11. Beaches and amusement facilities 12. Billboards and display advertisement
in public places
13. Control of public nuisance
14. Control of undertakings that sell liquor to the public
15. Fencing and fences
16. Licensing and controlling of undertakings that sell food to the public
Part B of Schedule 4 Part B of Schedule 5 9. Storm water management
system
10. Trading regulations
17. Local amenities 18. Local sport facilities 19. Markets
20. Municipal abattoirs
21. Municipal parks and recreation 22. Municipal roads
23. Noise pollution 24. Public places
25. Street trading (Not currently performed but included in new organizational structure)
26. Street lighting
27. Traffic and parking (Not currently performed but included in new organizational structure)
STRUCTURE OF THE MUNICIPALITY
The current organogram, which is being reviewed, reflects that NLM has the following 5 departments:
Municipal Manager
Budget and Treasury Office
Corporate Services Department
Community Services Department
Technical Services Department
Planning and Development
Municipal Top Structure
Office of the Municipal Manager
Staff compliment in Nyandeni Local Municipality as of end 30 April 2010
Department Approved Filled Vacant
MM 35 18 17
BTO 40 23 19
CPS 58 37 26
CS 185 116 106
TECH 33 12 22
PLAN & DEV 26 11 13
377 174 203
Total
NYANDENI MUNICIPAL COUNCIL
MAYOR & EXECUTIVE COMMITTEE
MUNICIPAL MANAGER PL0 – FILLED
CHIEF FINANCIAL OFFICER PL 1 - Filled
SENIOR MANAGER CORPORATE
SERVICES PL 1 - Filled SENIOR MANAGER
TECHNICAL SERVICES PL 1 - Filled
PL1 FILLED
SENIOR MANAGER PLANNING AND DEVELOPMENT
PL 1 - Filled
SENIOR MANAGER COMMUNITY SERVICES
PL1 – FILLED
SENIOR MANAGER:
INTERNAL AUDIT FILLED AUDIT COMMITTEE
SENIOR MANAGER:
OPERATIONS PL 1 - Filled
The Office of the municipal Manager has
Employment Equity
Africans Coloured Whites Indians Total Percentage
Females 85 0 0 0 85
Males 136 0 1 0 136
Total 220 0 1 0