Municipal Administration N5 - Module 9

Municipal councillors

MODULE 9

Introduction

Councillors are elected members representing the local communities on the municipal council.
Councillors must be accountable to their communities and report back on municipal performance
at least every quarter.

Membership of council

Every citizen who is qualified to vote for a municipal council is eligible to be a member of that
council.

•The person must reside in the municipality where he/she seeks election.

•If the person resides outside the municipality, he/she may only seek election if he/she owns
property in the municipality concerned.

•The person must be registered as a voter in the municipality concerned.

Disqualification

Several reasons why councillors can be disqualified from serving in the council include that the
candidate:

•Receives remuneration from that municipality or from the state;

•Is disqualified from voting for the National Assembly;

•Has been declared an unrehabilitated insolvent;

•Has been declared to be of unsound mind by a court of the Republic; and

•Is convicted and sentenced to more than twelve months’ imprisonment.

Multiple Choice

Can a non-South African citizen become a councillor?

• Yes

• No

Code of conduct

The Municipal Systems Act contains a code of conduct for councillors, which sets out the
conditions under which counsillors must serve. Each councillor must receive a copy of the code
of conduct when they take office and a copy must be in the council chambers.

General conduct of councillors

A councillor must perform the functions of office in good faith, honestly and in a transparent
manner and at all times act in the best interest of the municipality and not compromise the
integrity of the municipality.

Code of conduct

Attendance at meetings

Councillors must attend council and committee meetings except if leave of absence is granted or
if a councillor had to withdraw from the meeting.

A councillor who is absent for more than three consecutive council or committee meetings
without prior permission is unfit to remain a councillor. Leave of absence from meetings can be
granted to a councillor if he/she informs the secretary in writing at least 24 hours before the
meeting.

Code of conduct

Sanctions for non-attendance of meetings

A municipal council may fine a councillor for:

•Not attending a meeting which he/she is required to attend

•Failing to remain in attendance at such a meeting, and

•Being absent for three or more consecutive meetings without permission

Code of conduct

Withdrawal from meetings

A municipal council may fine a councillor for:

•Not attending a meeting which he/she is required to attend

•Failing to remain in attendance at such a meeting, and

•Being absent for three or more consecutive meetings without permission

Code of conduct

Vested interest in council contracts

Ordinances of all nine Provinces contain conditions that forbid a councillor from entering into an
agreement with his/her council under the following circumstances:

•He/she or their spouse or an associate would receive financial gain or benefit from the agreement; or

•If there is indirect financial gain, no contract may be closed.

There are exceptions tot the rule and councillors may enter into contracts with their council where
he/she:

•Enters into a contract with the council regarding normal municipal services available to all residents

•Buys or rents land with the permission of the Premier or buys or rents land at a public auction

•Sells goods at a public auction

•Is a member of a sports club and this club has to sign a contact with the council

•Is a shareholder of a company and the company is entering into a contract with the council, provided
that he/she and their spouse does not own more than a third of the company’s shares

Code of conduct

Personal gain

A councillor may not use his/her position or privileges or confidential information obtained as a
councillor for private gain or to improperly benefit another person, except with prior consent of
the council.

A councillor:

•May not be party to or benefit from a contract to provide goods and services to the municipality

•May not perform any other work except as councillor

•May not obtain any financial interest in any business of the municipality

•For a fee appear om behalf of another person before the council

Code of conduct

Declaration of interests

A councillor must declare in writing to the Municipal Manager all financial interests and income
within a period of sixty days after being elected; also any change in his/her financial interests
must be declared to the municipal manager annually. Gifts received by a councillor, above a
prescribed amount, must be declared.

Multiple Choice

Can I councillor, directly or indirectly, apply for tenders that the municipality advertises?

• Yes

• No

Code of conduct

Councillors acting as agents

A councillor or his/her spouse or business associate may not act as agent or representative of
any person in the following cases:

•Before a valuation court appointed by the council or a committee of the council

•At a licensing committee of the council

•As a paid advocate, attorney, notary or conveyancer on behalf of the council on which he/she
serves

•Act as medical doctor, veterinary surgeon, architect, engineer, land surveyor, accountant,
auctioneer, appraiser or assessor and receive remuneration from the council.

Code of conduct

Bribery and corruption

A councillor may not be involved in bribery and corruption. If found guilty by a court of law,
severe sentences may be imposed and the councillor found guilty of these transgressions would
be declared incompetent to remain a councillor. Such a councillor cannot seek re-election for a
period of seven years.

Code of conduct

Exemption from personal liability

Councillors who have taken actions, on the instruction of the council and in good faith, are freed
from personal liability for any action, responsibility, gain or any claim which may derive from
them, by the relevant legislation. Any expenses incurred by the councillor in this regard must be
paid from the revenue of the council concerned.

Code of conduct

Appointment as an official of a council

A councillor may not be appointed as an official/civil servant of the council unless his term of
service as a councillor was ended at least six months before appointment.

Code of conduct

Rewards, gifts and favours

A councillor may not request or accept any reward, gift or favour for:

•voting or not voting on a matter before the municipal council

•persuading the council or any committee to take certain action

•making a presentation to the council or committee.

Multiple Choice

Can a municipal administrator also be a councillor?

• Yes

• No

Code of conduct

Unauthorised disclosure of information

A councillor may not, without the permission of the council or committee, disclose any
confidential information which:

•was determined as confidential information by the council

•was discussed in a closed session by the council or committee

•would violate a person's right or privacy

•was declared to be privileged or secret in terms of law.

Code of conduct

Intervention in administration

A councillor may not interfere in the administration or management of any department of the
municipality, unless mandated by the council, and may not:

•give any instruction to an employee of the municipality unless authorised to do so by the council

•obstruct or attempt to obstruct the implementation of any decision of the council or a
committee by an employee of the municipality

•encourage or participate in any conduct which would cause or contribute to maladministration
in the council or municipality.

Code of conduct

Council property

A councillor may not appropriate or misuse council property, office facilities or equipment for
his/her personal use or for conducting private business affairs.

Councillors may not be in arrears to the municipality for rates and service charges for longer than
three months.

If the Speaker of the Council becomes aware that the code of conduct has been breached, he/she
must:

•Authorise that the breach of the code of conduct be investigated

•Allow the councillor to reply in writing regarding the allegation

•Report it to the council after the top two points have been dealt with

•Report the outcome of the investigation to the MEC for local government of the province.

Multiple Choice

If a councillor is your friend, can they disclose information about meetings that were held by the municipality

• Yes

• No

Status of councillors

When a candidate accepts the nomination, he/she agrees to devote themselves to the interests
of the residents of the municipality. If the candidate is elected to the municipal council, the
interests of the voters and residents come before personal interest and needs. If elected, the
councillor is bound by the code of conduct and the conditions, as discussed above, under which
he/she must serve.

Councillors only have decision-making powers as a collective body.

Functions of councillors

Role of representation

Councillors are elected by the voters to represent them (the voters) in the municipal council. The
voters give councillors a mandate to ensure that their needs and expectations are met through
decisions by the council and municipal policy.

To perform this task councillors must:

•keep themselves informed of the views and needs of the voters

•determine the nature and extent of activities undertaken by the council and its officials to satisfy
these needs, and

•represent his/her ward in council meetings by taking part in decision- and policy making.

Functions of councillors

Participation in committees

The municipal council makes use of a system of committees to discuss matters and makes
recommendations to the council before policy is made. Committees are formed for all the major
functions of the municipality, for example, finance committee or transport committee. It is expected
from councillors to be a member of a committee, and to exercise their governing function properly,
he/she must:

•be willing to be a member of a committee or ad hoc committee

•be conversant (informed) with the proceedings of committee meetings

•put more energy into committee meetings than council meetings, as committee meetings are the
venues where all problems, wishes and needs of the residents are discussed

•discuss matters in detail in meetings and formulate alternative policies and decisions for submission
to the council.

No matter will be put on the agenda of a full council meeting unless it has been discussed in a
committee meeting.

Functions of councillors

Public liaison

A councillor's duty does not end after decision-making. Sometimes, decisions are made by the
council that are not always acceptable by all the voters.

A councillor, as part of his/her liaison function, must:

•inform voters in his ward of the reason for council decisions and policy and convince them to
accept them

•inform the community about the progress made in the execution of council decisions and the
rendering of services

•evaluate the result of policies that have been implemented to determine whether the needs and
wishes of the community have been satisfied

•be available to the community to know their needs and expectations.

Multiple Choice

A councillor may receive gifts from service providers

• True

• False

Multiple Choice

Can a municipality fine a councillor for not attending meetings?

• Yes

• No

Multiple Choice

If a councillor wins a trip overseas, they are not allowed to go to it

• True

• False