EXECUTIVE POWERS, DUTIES AND COMMITTEES
of both the collective executive system
and mayoral executive system

There are two issues that apply to both the collective executive system and mayoral executive system of municipal government:

  • The powers and duties of the executive.
  • Committees to assist the executive.

These issues are discussed below.

POWERS AND DUTIES

The collective executive and mayoral executive systems, described above, both allow for the establishment of an executive structure through which the municipal council may exercise its executive powers and duties:

  • In the case of the collective executive system, the municipal council delegates executive powers to the executive committee.
  • In the case of the mayoral executive system, the municipal council delegates executive powers to the executive mayor. The executive committee and executive mayor have similar roles.

The Municipal Structures Act defines the minimum powers and duties which must be performed by either the executive committee or executive mayor.

IDENTIFYING NEEDS

The executive is responsible for ensuring that the resources at the disposal of the municipality are used in a way that best meets the variety of needs of local citizens. The Executive Mayor or Executive Committee must:

  • Identify the variety of needs that exist in the municipality.
  • Review and evaluate those needs in order of priority.
  • Develop strategies, programmes and services to address priority needs.
  • When formulating strategies, applicable national and provincial development plans must be taken into account. These strategies, along with revenue and expenditure estimates, must be recommended to the municipal council.
  • Recommend the best methods, including partnerships and other approaches, to deliver those strategies, programmes and services for the maximum benefit of the community.

MONITORING

The executive must also monitor whether those strategies are working successfully, and if resources are being used efficiently.

The executive mayor or executive committee must:

  • Identify and develop criteria in terms of which progress in the implementation of the strategies, programmes and services referred to above can be evaluated. The executive should develop key performance indicators (KPIs) which are measures against which the performance of a programme can be assessed. Some KPIs will be specific to each municipality. Other KPIs will be developed as part of a national performance management system, which will require all municipalities to report against some common KPIs (see Performance management).
  • Evaluate progress against the KPIs.
  • Review the performance of the municipality in order to improve:
    • The economy, efficiency and effectiveness of the municipality.
    • The efficiency of credit control and revenue and debt collection services.
    • The implementation of the municipality's by-laws.
  • Monitor the management of the municipality's administration in accordance with the directions of the municipal council.
  • Oversee the provision of services to communities in the municipality in a sustainable manner.

REPORTING AND ACCOUNTABILITY

It is important that the executive remains accountable to the municipal council, and that all local citizens and community groups are able to participate in the development and monitoring of municipal programmes. The executive mayor or executive committee must therefore also:

  • Annually report on the involvement of communities and community organisations in the affairs of the municipality.
  • Ensure that regard is given to all public views and report on the effect of consultation on the decisions of the council.
  • Report to the municipal council on all decisions taken.
  • Perform such duties and exercise such powers as delegated by the municipal council.

The municipal council may also delegate ceremonial functions to the executive mayor in a mayoral executive system, or to the mayor in a collective executive system.

COMMITTEES TO ASSIST THE EXECUTIVE

The committee system

It is common practice for municipal councils to establish committees to deal with specific clusters of powers and functions. For example, planning and urbanisation, or engineering services. The establishment of committees allows councillors to dedicate time to in-depth debates on specific issues. In the absence of committees, all matters would have to be debated in full council meetings. Time constraints would make it difficult to address properly the full range of issues for which the council is responsible.

The establishment of committees also allows councillors to develop an expertise in one or more aspects of local government. Councillors are not elected because they are specialists in planning, finance, economic development or human resources. They are elected because they represent part of the local community, and are trusted by their constituency to lead in a way that meets the needs and aspirations of the community. It is impossible for any person to develop a detailed knowledge of all the different functions for which local government is responsible within a short space of time.

However, to take wise decisions councillors need a high-level understanding of the issues at hand and an in-depth understanding of the diverse needs and interests in the community. The committee system allows councillors to develop their expertise in a few aspects of local government, and also ensures that all aspects of the council's business are thoroughly debated by a committee dedicated to that issue.

These "specialist" committees can vary in function, from being oversight bodies to exercising actual executive power. "Oversight" committees are similar to parliamentary committees, which check on the way different ministers perform their duties but don't actually perform any executive functions. But committees can also be given specific executive functions. In these cases they are referred to as committees to assist the executive and their powers are delegated by the executive committee or executive mayor.

Committees to assist the executive

Municipal councils may appoint committees to assist the executive mayor or executive committee. In this way councillors can be involved in the functioning of the executive. A municipal council may not establish more committees than there are members of the executive committee or mayoral committee.

The executive committee or executive mayor may appoint a councillor to chair each committee. It is important that the chairperson is a member of the executive committee or the mayoral committee so that committee proceedings are integrated into the overall work of the executive.

The executive committee or executive mayor may delegate any powers and duties of the executive committee or executive mayor to such a committee. However, the executive committee or executive mayor remains responsible for the exercise of all powers and duties delegated to it by the municipal council.

Committees must report to the executive committee or executive mayor. Reports from all council committees (committees to assist the executive committee or executive mayor, and reports from other committees of council) must be submitted to the executive committee or executive mayor. The executive committee or executive mayor must consider the issues raised in these reports, and either:

  • Dispose of them in terms of the powers delegated to the executive committee or executive mayor.
  • Forward them with a recommendation to the municipal council.

This system allows for some councillors to dedicate time to issues within specific sectors, while still ensuring that issues are integrated across sectors. Municipalities deal with a wide range of issues, from the delivery of services through to planning and local economic development. It is important that the strategies and programmes developed for different sectors are integrated into a coherent plan for the development of all aspects of the municipal area.

Each committee focuses on its specific area. The executive committee or executive mayor should ensure that integration takes place.


Introduction | Responsibilities of municipal councils | Delegation of powers and duties | Community participation and accountability | Municipal types | Systems of municipal government | Plenary executive system | Collective executive system | Mayoral executive system | Executive powers, duties and committees | The ward participatory system | The subcouncil participatory system | Combining the systems of government to form municipal types | Applying types to individual municipalities | Conclusion | Annexure A | Annexure B

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