The focus of the research at the outset was to identify the decision-making structures, the nature of these structures, their powers, functions, composition etc. As a point of departure, the key variables in respect of, firstly the stru'ctures and secondly the decision-making processes were researched.
Specifically, within the structure, attention was given to the primary decision-making body which is the executive committee. The role of the other components namely, the council, the standing committees and the ward committees were also researched. From a procedural point of view the focus was directed on the powers and functions of these committees with particular reference to the delegation of authority. Part of the research focused on the steps in the decision-making process leading to the making of by-laws and the adoption of the annual budget.
To begin with, it was necessary to trace and examine the details pertaining to the establishment of the Msunduzi Municipality. Inaccordance with the provisions of Section 12 of the Structures Act, Notice N° 352 dated 19 September 2000, published in the Provincial Gazette of Kwazulu-Natal by the Minister of Traditional Affairs, Safety and Security and of Local Government, established a district municipality known as DC22 (uMgungundloVll District Municipality). A demarcation map showing the extent and boundaries of the district municipality is attached (Appendix 11). Within the district municipality, which is a Category C municipality, as determined by the Demarcation Board, are seven local municipalities, including the Msunduzi Local Municipality:
KZ 22l uMshwati Local Municipality KZ 222 uMngeni Local Municipality KZ 223 Mpofana Local Municipality KZ 224 Impendle Local Municipality
KZ 226 Mkhambathini Local Municipality KZ 227 Richmond Local Municipality
The Msunduzi Local Municipality was also established in terms of Notice N° 352 published by the Minister of Traditional Affairs, Safety and Security and of Local Government, in the Provincial Gazette of KwaZulu-Natal on 19 September 2000. A map showing the boundaries of KZ 225 (Msunduzi) is attached (Appendix 12).
The notice further specified that the municipality is a Category B municipality, as determined by the Demarcation Board. The type of municipality is that of a collective executive system as described in the KwaZulu-Natal Determination of Types of Municipality Act.1It is noteworthy that the said notice, in describing the type of municipality, did not include a "ward committee participatory system." The notice also provided for 37 ward councillors and 36 proportionally elected councillors; a total of73. This new municipality, with new boundaries, new structures, new systems and new principles came into being after the elections of December 2000.
Having uncovered the details pertaining to the establishment of the municipality, I now shift to the
municipality for Msunduzi as that of a collective executive system which is one of the types identified in the Structures Act. Other types include the executive mayor system. The Structures Act lays down the provisions for the composition of executive committees.2 In accordance with these provisions, the Msunduzi Municipality has an Executive Committee consisting of ten councillors. The composition of this committee was detennined on the basis that parties and interests represented in the municipal council are represented in the executive committee in substantially the same proportion as they are represented in the council. The Executive Committee of the Msunduzi Municipality accordingly has six councillors from the African National Congress, two from the Inkatha Freedom Party and two from the Democratic Alliance. Both the Mayor and Deputy Mayor are elected by the Council from the members of the Executive Committee. The following table contains the names and party affiliation of the councillors currently serving on the Executive Committee.
TABLE 7 : MSUNDUZI LOCAL MUNICIPALITY: MEMBERS OF THE EXECUTIVE COMMITTEE
NAME PARTY
Councillors
H Zondi (Mayor) Chairperson
Z Hlatswayo (Deputy Mayor) AFRICAN NATIO AL CONGRESS
o
Ganie FXM Grantham G Meyer TA Zungu Councillors H KadirDEMOCRATIC ALLIA CE WF Lambert
Councillors B Phungula
INKATHA FREEDOM PARTY D Zondi
The Municipal Structures Act describes the functions of an executive committee as follows:
"44. Functions and powers of executive committees.-
1. Anexecutive committee is-
Ca) the principal committee of the council if a municipality of a type that is entitled to establish an executive committee; and
Cb) the committee of a municipal council which receives reports from the other
with its recommendations to the council when it cannot dispose of the matter in terms of its delegated powers.
2. The executive committee must-
(a) identify the needs of the municipality;
(b) review and evaluate those needs in order of priority;
(c) recommend to the municipal council strategies, programmes and services to address priority needs through the integrated development plan and estimates of revenue and expenditure, taking into account any applicable national and provincial development plans; and
(d) recommend or determine the best methods, including partnership and other approaches, to deliver those strategies, programmes and services to the maximum benefit of the community.
3. The executive committee in performing its duties must-
(a) identify and develop criteria in terms of which progress in the implementation of the strategies, programmes and services referred to in subsection (2)(c) can be evaluated, including key performance indicators which are specific to the municipality and common to local government in general;
(b) evaluate progress against the key performance indicators;
(c) review the performance of the municipality in order to improve-
(i) the economy, efficiency and effectiveness of the municipality
(ii) the efficiency of credit control and revenue and debt collection services; and
(iii) the implementation of the municipality's by-laws;
(d) monitor the management of the municipality administration in accordance with the policy directions of the municipal council;
(e) oversee the provision of services to communities in the municipality in a sustainable manner;
(t) perform such duties and exercise such powers as the council may delegate to it in terms of section 32;
(g) annually report on the involvement of communities and community organisations in the affairs of the municipality; and
(h) ensure that regard is given to public views and report on the effect of consultation on the decisions of the council.
4. An executive committee must report to municipal council on all decisions taken by the committee.