OVERVIEW
TABLE OF BOOKMARKS
OVERVIEW OF LOCAL GOVERNMENT IN SOUTH AFRICA
S
outh Africa is a constitutional democracy with a threetier system of government and an independent judiciary. The powers of the lawmakers (legislative authorities), government (executive authorities) and courts (judicial authorities) are separate from one another.
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Government consists of national, provincial and local spheres. The national, provincial and local levels of government all have legislative and executive authority in their own spheres. It is a stated intention in the Constitution that the country should be run on a system of cooperative governance. The three spheres of government are defined in the Constitution as ‘distinctive, interdependent and interrelated’.
The remainder of South Africa’s territory is administered by 44 district municipalities (also known as Category C municipalities). Each district municipality is further subdivided into various smaller local municipalities (also known as Category B municipalities). As an example, the territory administered by the Sedibeng District Municipality encompasses the Emfuleni, Lesedi and Midvaal Local Municipalities. District and local municipalities share legislative and executive authority in respect of their commonly administered areas. District councils are primarily responsible for capacity building and district-wide planning.
In terms of Chapter 7 of the Constitution of South Africa, the local sphere of government is made up of municipalities, which form the lowest formal level of democratically elected government in South Africa. A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation. The executive and legislative authority of a municipality is vested in its Municipal Council. The objects of local government are to: • provide democratic and accountable government for local communities • ensure the provision of services to communities in a sustainable manner • promote social and economic development • promote a safe and healthy environment • encourage the involvement of communities and community organisations in matters of local government. While Chapter 7 of the Constitution provides the foundation for the establishment of municipalities, various Acts of Parliament have further defined these municipal structures since the inception of the current constitution, the most important of these being the: • Intergovernmental Relations Framework Act • Local Government: Municipal Demarcation Act • Local Government: Municipal Electoral Act • Local Government: Municipal Finance Management Act • Local Government: Municipal Property Rates Act • Local Government: Municipal Structures Act • Local Government: Municipal Systems Act • Municipal Fiscal Powers and Functions Act.
City of Johannesburg Metropolitan Municipality City of Tshwane Metropolitan Municipality eThekwini Metropolitan Municipality Mangaung Metropolitan Municipality Nelson Mandela Bay Metropolitan Municipality.
There are a total of 257 municipalities in South Africa, comprising eight metropolitan, 44 district and 205 local municipalities. A number of significant demarcation changes became effective after the 2016 local government elections. The demarcation changes reduced the number of local municipalities from 226 to 205 and the total number of municipalities in South Africa from 278 to 257. The political management of municipalities is made up of an elected Municipal Council. The term of a Municipal Council may not be more than five years. The Municipal Council makes decisions on exercising its powers and performing its functions, including electing its office bearers, as well as appointing its executive and other committees. The Municipal Council employs the executive management and personnel that are necessary for the effective performance of its functions.
LOCAL GOVERNMENT ELECTIONS Local government elections are held once every five years. The most recent municipal elections were held on 1 November 2021. All South African citizens over the age of 18 are eligible to vote. The Constitution places all elections and referendums in the country in all three spheres of government under the control of the Independent Electoral Commission (IEC), established in terms of the Electoral Commission Act.
There are three kinds of municipalities in South Africa, metropolitan, local and district municipalities (also known as Category A, B and C municipalities).
The obligations of the IEC are to: • manage elections of national, provincial and municipal legislative bodies • ensure that those elections are free and fair • declare the results of those elections • compile and maintain a voters’ roll.
Metropolitan municipalities have been established to administer South Africa’s most urbanised areas. Metropolitan municipalities have exclusive municipal executive and legislative authority in their respective areas. There are eight metropolitan municipalities in South Africa: • Buffalo City Metropolitan Municipality • City of Cape Town Metropolitan Municipality • City of Ekurhuleni Metropolitan Municipality
The duties of the IEC are to: • compile and maintain a register of parties • undertake and promote research into electoral matters • develop and promote the development of electoral expertise and technology in all spheres of government • continuously review electoral laws and proposed electoral laws, and make recommendations • promote voter education
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