THE SUBCOUNCIL PARTICIPATORY SYSTEM

To further enhance democratic participation, and to enable decentralised management in large metropolitan areas, the Municipal Structures Act also provides for a subcouncil participatory system. Metropolitan municipalities cover large urban areas, and often have to deliver services to a population of over one million people. Because they are so large, some metropolitan services and functions may be better managed through subcouncils for parts of the municipal area.

Subcouncils are committees of the metropolitan council, and have such powers and duties as are delegated by the metropolitan council. Subcouncils may range from being essentially consultative in nature, to having extensive delegated powers and duties for service delivery, similar to the existing metropolitan local councils. The subcouncil may advise the metropolitan council on which powers and duties should be delegated to it.

HOW ARE SUBCOUNCILS ESTABLISHED?

If a metropolitan council wishes to establish subcouncils, it should first have a clear sense of how subcouncils will promote effective and efficient government in its area.

The following questions are inter-related and need to be considered together:

• How small or large the subcouncils will be.
• Which powers and duties will be delegated to subcouncils.
• The financial framework in which subcouncils will operate.

For example, if the municipal council intends to delegate powers and duties for a particular service to subcouncils, it must ensure that the subcouncil boundaries allow for the efficient delivery of that service, and that the subcouncil has adequate funding to deliver that service.

The metropolitan council must run a targeted and multi-faceted process of public consultation to ensure involvement of the relevant sectors in the community before it establishes subcouncils.

In order to establish subcouncils the metropolitan council must pass a by-law that:

• Determines the number of subcouncils which will be established.
• Determines the area which each subcouncil will cover.
• Establishes in each area a subcouncil under a distinct name.
• Provides an equitable financial framework in terms of which the subcouncil must function.
• Regulates other relevant matters.

Subcouncil boundaries, or the area covered by each subcouncil, are determined by clustering wards together. When clustering wards to determine the boundaries of a subcouncil, the metropolitan council must consult the Municipal Demarcation Board. It should also, as far as possible, apply the criteria for demarcation as laid out in sections 24 and 25 of the Municipal Demarcation Act. The number of subcouncils will vary from one metropolitan area to another, depending on how decentralised the municipality wants the administration of functions to be.

HOW DO SUBCOUNCILS WORK?

Subcouncils must elect a chairperson who will preside at meetings of the subcouncil. Subcouncils may appoint committees to assist in the performance of their powers and duties. Such committees must be appointed from the members of the subcouncil.

The subcouncil may also appoint a management committee. The management committee can be established as a principle committee, which fulfils the function of integrating reports from other committees, and forwarding them to the subcouncil with recommendations (this is similar to the integrating role played by an executive committee or mayoral committee).

The subcouncil takes decisions by a majority vote. If an equal number of votes are cast for and against any particular issue, the chairperson presiding at the meeting may exercise a casting vote in addition to their vote as a member.

WHICH COUNCILLORS SERVE ON SUBCOUNCILS?

Subcouncils consist of councillors representing each ward in that subcouncil area as well as additional councillors as determined by the metropolitan council, in order to ensure political proportionality.

The Municipal Structures Act provides guidelines for how additional councillors are allocated to serve on subcouncils. These guidelines are summarised in Annexure B.

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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