Legislative Mandate

Constitutional Mandate

The Constitution of the Republic of South Africa 1996: The Constitution redefined local government as a sphere of government that is distinctive from, yet interdependent and interrelated with provincial and national government. Importantly, the Constitution conferred developmental duties to local government.

Legislative Mandates Public Finance Management Act No. 1 of 1999
(as amended by the Public Finance Management Amendment Act No. 29 of 1999)

This Act regulates financial management in the national and provincial governments to ensure that all revenue, expenditure, assets and liabilities of those governments are managed efficiently and effectively; to provide for the responsibility of persons entrusted with financial management in those governments; and provide for matters connected therewith.

Division of Revenue Act, 2004

This Act provides for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the 2002/2003 financial year; to provide for reporting requirements for allocations pursuant to such divisions; to provide for the withholding and the delaying of payments; to provide for liability for cost incurred in litigation in violation of the principles of cooperative governance and intergovernmental relations; and to provide for matters connected therewith.

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act was promulgated in 1998. The Act repeals the Prevention of Illegal Squatting Act No. 52 of 1951 and makes provision for a fair and equitable process to be followed when evicting people, who have unlawfully invaded land, from their homes. The Act also makes it an offence to evict legally without due process of law.

Subdivision of Agricultural Land Act No. 70 of 1970

This Act is used for Town Planning advice to the Department of Land Affairs on the subdivision of agricultural land.

The Development Facilitation Act No. 67 of 1995

This Act provides directive principles to guide the drafting, adoption and implementation of all policies and legislation for all spheres of government regulating spatial planning, land use management, and land development.

The Physical Planning Act No. 125 of 1991

This Act governs secondarily land uses on farmland that is not agriculture related by way of permits and it also enables the amendment of guide plans and the evaluation of consistency regarding land development.

The Division of Revenue Amendment Act No 15 of 2010

The Act provides for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the 2010/11 financial year and the responsibilities of all three spheres pursuant to such division, and to provide for matters connected therewith.

Municipal Systems Act No. 32 of 2000

The Act introduces changes towards the manner in which they are organised internally, the way they plan and utilise resources, monitor and measure their performance, delegate authority, render services and manage their finances and revenue. Critically, the MSA formalises a range of alternative service delivery mechanisms that could be used to complement traditional service rendering mechanisms/arrangements used by municipalities. This Act also enables the Integrated Development Plans (IDP). The IDP is a single and inclusive strategic plan that must be compiled and adopted by the municipality. IDPs must include a financial plan, performance management plan, disaster plan and a spatial development framework within which all sector plans should be addressed

Municipal Demarcation Act No 27 of 1998

The Municipal Demarcation Act of 1998 provided for the re-demarcation of municipal boundaries and this resulted in the rationalisation of 843 municipal entities into 284 larger, and possible, economically viable entities.

Municipal Structures Act No. 117 of 1998 as amended in 1999 and 2000

The Act defined new institutional arrangements and systems for local government. Importantly, the Act laid a foundation for local government performance management and ward committee systems.

White Paper on Local Government of 1998

The White Paper on Local Government is a broad policy framework that proposes wholesale changes in the areas of political, administrative structures of local government, electoral systems, demarcations, finances, services, infrastructure development, planning, and so forth. The White Paper maps out a vision of developmental local government that is committed to working actively with citizens to identify sustainable ways of meeting their social, economic and material needs and thereby improve their quality of life. Developmental local government envisages the transformation of municipal administrations into rationalised, representative, less bureaucratic, people-centred, efficient, transparent, accountable and responsive entities.

The Civil Protection Act No. 67 of 1977

The Act empowers the Minister of Provincial and Local Government to declare a ‘state of a disaster’ but it does not instruct other relevant ministries on the actions they should take. Again, this Act is more reactive than pro-active.

The Fund Raising Act No. 107 of 1978

The Act provides for the declaration of a disaster by the President in order to provide relief to the victims of disasters, such as drought disaster.

Disaster Management Act No. 57 of 2003

The Act streamlines and unifies disaster management and promotes a risk reduction approach, particularly at provincial and local levels. It eliminates the confusion around disaster declaration and addresses current legislative gaps.

National Veld and Forestry Act No. 101 of 1998

The Act emphasises the formation of Fire Protection Associations for the purpose of predicting, preventing, managing, and extinguishing veld fires.

The National Environmental Management Act No. 107 of 1998

The Act provides for environmental management strategies so as to prevent and mitigate environmental disasters.

Traditional Leadership and Governance Framework Act No. 41 of 2003

The Act provides for the recognition of traditional leaders, their roles and functions, recognition of traditional communities, establishment of traditional councils, and for matters connected therewith.

Public Audit Act, 2004 (Act No. 25 of 2004)

This Act gives effect to the provisions of the Constitution establishing and assigning functions to an Auditor-General, to provide for the auditing of institutions in the public sector, to provide for accountability arrangements of the Auditor-General, to repeal certain obsolete legislation, and to provide for matters connected therewith.

Intergovernmental Relations Framework Act No. 13 of 2005

This Act seeks to strengthen and regulate the relationship between the three spheres of government.

Local Government Laws Amendment Act No. of 2008

This is all-encompassing amendment Act in terms of reviewing sections of different legislation governing local government.

Municipal Finance Management Act, 2003 (Act No. 56 of 2003)

This Act aims to modernise budget and financial management practices in municipalities so that financially sustainable municipalities are able to meet their service delivery obligations. The Act also provides a financial governance framework that clarifies the roles and responsibilities of officials,councillors, the Provincial Treasury and this department. The department is responsible for monitoring and supporting municipalities in its implementation, to share its monitoring results and provide warning of impending financial distress. Although the department is endowed with powers of intervention, the primary responsibility to manage finances, identify and avert financial distress rests with municipalities.

Municipal Property Rates Act, 2004 (Act No. 6 of 2004)

This Act regulates the powers entrusted to municipalities to impose rates on property, to exclude certain property categories from rating and to provide a transparent and fair system for rating of properties and granting rates rebates. The Act further provides for ratepayers to have access and recourse to a process of objection and appeal against rates imposed by municipalities. The mandate of the department is to monitor and support municipalities with MPRA implementation, and to ensure that objections and appeals against property values are resolved through a fair and transparent process of appeal/review.

Policy Mandates

  • Medium Term Strategic Framework
  • Free State Growth and Development Strategy and provincial spatial development framework
  • State of the Nation Address
  • State of the Province Address
  • Budget Speech of the National Minister for Cooperative Governance and Traditional Affairs
  • MEC’s Budget Vote Speech
  • President’s Coordinating Council
  • Premier’s Coordinating Forum
  • MECLOGA
  • Five-year Local Government Strategic Agenda
  • Outcome 9 of the National and Provincial Outcome Based Plan
  • Operational Clean Up (Audit) Programme
  • (Provincial) Operation Hlasela
  • Municipal Infrastructure Grant Policy
  • Municipal Service Partnerships
  • National Disaster Management Framework
  • Regional Industrial Development Strategy (RIDS)
  • National Local Economic Development Framework
  • Free Basic Sanitation Implementation Strategy
  • Municipal International Relations Policy Framework
  • White Paper on Local Government
  • National Spatial Development Perspective (NSDP)

 

Code of Conduct for Public Servants

PURPOSE

  • In order to give practical effect to the relevant constitutional provisions relating to the Public Service, all employees are expected to comply with the Code of Conduct (‘the Code’) provided for in this Chapter.
  • The Code should act as a guideline to employees as to what is expected of them from an ethical point of view, both in their individual conduct and in their relationship with others. Compliance with the Code can be expected to enhance professionalism and help to ensure confidence in the Public Service.

INTRODUCTION

  • The need exists to provide guidelines to employees with regard to their relationship with the legislature, political and executive office-bearers, other employees and the public and to indicate the spirit in which employees should perform their duties, what should be done to avoid conflicts of interests and what is expected of them in terms of their personal conduct in public and private life.
  • The primary purpose of the Code is a positive one. Notwithstanding this, an employee shall be guilty of misconduct in terms of Section 20 (t) of the Public Service Act, 1994, and may be dealt with in accordance with the relevant sections of the Act if he or she contravenes any provision of the Code of Conduct or fails to comply with any provision thereof.

THE CODE OF CONDUCT

  1. Relationship with the Legislature and the ExecutiveAn employee –
  • is faithful to the Republic and honours the Constitution and abides thereby in the execution of his or her daily tasks;
  • puts the public interest first in the execution of his or her duties;
  • loyally executes the policies of the Government of the day in the performance of his or her official duties as contained in all statutory and other prescripts;
  • strives to be familiar with and abides by all statutory and other instructions applicable to his or her conduct and duties; and
  • co-operates with public institutions established under legislation and the Constitution in promoting the public interest.
  1. Relationship with the PublicAn employee –
  • promotes the unity and well-being of the South African nation in performing his or her official duties;
  • will serve the public in an unbiased and impartial manner in order to create confidence in the Public Service;
  • is polite, helpful and reasonably accessible in his or her dealings with the public, at all times treating members of the public as customers who are entitled to receive high standards of service;
  • has regard for the circumstances and concerns of the public in performing his or her official duties and in the making of decisions affecting them;
  • is committed through timely service to the development and upliftment of all South Africans;
  • does not unfairly discriminate against any member of the public on account of race, gender, ethnic or social origin, colour, sexual orientation, age, disability, religion, political persuasion, conscience, belief, culture or language;
  • does not abuse his or her position in the Public Service to promote or prejudice the interest of any political party or interest group;
  • respects and protects every person’s dignity and his or her rights as contained in the constitution; and
  • recognises the public’s right of access to information, excluding information that is specifically protected by law.

Relationship among Employee

An employee –

  • co-operates fully with other employees to advance the public interest;
  • executes all reasonable instructions by persons officially assigned to give them, provided these are not contrary to the provisions of the Constitution and/or any other law;
  • refrains from favouring relatives and friends in work-related activities and never abuses his or her authority or influences another employee, nor is influenced to abuse his or her authority;
  • uses the appropriate channels to air his or her grievances or to direct representations;
  • is committed to the optimal development, motivation and utilisation of his or her staff and the promotion of sound labour and interpersonal relations;
  • deals fairly, professionally and equitably with other employees, irrespective of race, gender, ethnic or social origin, colour, sexual orientation, age, disability, religion, political persuasion, conscience, belief, culture or language; and
  • refrains from party political activities in the workplace.
  1. Performance of DutiesAn employee –
  • strives to achieve the objectives of his or her institution cost-effectively and in the public’s interest;
  • is creative in thought and in the execution of his or her duties, seeks innovative ways to solve problems and enhances effectiveness and efficiency within the context of the law;
  • is punctual in the execution of his or her duties;
  • executes his or her duties in a professional and competent manner;
  • does not engage in any transaction or action that is in conflict with or infringes on the execution of his or her official duties;
  • will recuse himself or herself from any official action or decision-making process which may result in improper personal gain, and this should be properly declared by the employee;
  • accepts the responsibility to avail himself or herself of ongoing training and self-development throughout his or her career;
  • is honest and accountable in dealing with public funds and uses the Public service=s property and other resources effectively, efficiently, and only for authorised official purposes;
  • promotes sound, efficient, effective, transparent and accountable administration;
  • in the course of his or her official duties, shall report to the appropriate authorities, fraud, corruption, nepotism, mal-administration and any other act which constitutes an offence, or which is prejudicial to the public interest;
  • gives honest and impartial advice, based on all available relevant information, to higher authority when asked for assistance of this kind; and
  • honours the confidentiality of matters, documents and discussions, classified or implied as being confidential or secret.
  1. Personal Conduct and Private InterestsAn employee –
  • during official duties, dresses and behaves in a manner that enhances the reputation of the Public Service;
  • acts responsibly as far as the use of alcoholic beverages or any other substance with an intoxicating effect is concerned;
  • does not use his or her official position to obtain private gifts or benefits for himself or herself during the performance of his or her official duties nor does he or she accept any gifts or benefits when offered as these may be construed as bribes.
  • does not use or disclose any official information for personal gain or the gain of others; and
  • does not, without approval, undertake remunerative work outside his or her official duties or use office equipment for such work.