Page | 1 Constitution for Ward Committees of the Knysna Local Municipality 1 Purpose of the Constitution The purpose of this Constitution is to provide uniform and simplified directives to Ward Committee members, Ward Councillors, Council and Knysna Municipality, on the establishment and operation of Ward Committees. PREAMBLE WHEREAS Ward Committees are established in all the wards of Knysna Municipality in order to: Represent the interests of various communities, geographical areas and/or sectors in a particular ward of Knysna Municipality; Recognise the value of a democratic, inclusive, open and responsive municipal council, which is committed to meaningful public participation; Respect and value constructive and regular interaction with the democratically elected representatives; and 1 Established in terms of the provisions of Sections 72 to 78 (Part 4) of the Local Government: Municipal Structures Act, 117 of 1998.
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Purpose of the Constitution PREAMBLE WHEREAS a g e | 1 Constitution for Ward Committees of the Knysna Local Municipality 1 Purpose of the Constitution The purpose of this Constitution
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Constitution for Ward Committees
of the Knysna Local Municipality 1
Purpose of the Constitution
The purpose of this Constitution is to provide uniform and simplified directives
to Ward Committee members, Ward Councillors, Council and Knysna
Municipality, on the establishment and operation of Ward Committees.
PREAMBLE
WHEREAS
Ward Committees are established in all the wards of Knysna Municipality in
order to:
Represent the interests of various communities, geographical areas and/or
sectors in a particular ward of Knysna Municipality;
Recognise the value of a democratic, inclusive, open and responsive
municipal council, which is committed to meaningful public participation;
Respect and value constructive and regular interaction with the
democratically elected representatives; and
1 Established in terms of the provisions of Sections 72 to 78 (Part 4) of the Local Government:
Municipal Structures Act, 117 of 1998.
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Support a system of participatory municipal governance that enables the
Knysna Municipal Council to fulfill its constitutional obligations,
THEREFORE
Members of Ward Committees -
Undertake to -
Abide by the provisions of this ward constitution and all bylaws and
policies of the Knysna Municipality, the Constitution of the Republic of
South Africa and all other applicable legislation;
Respect the authority of the Knysna Municipal Council, its Committees
and structures, the respective Ward Councilors and Knysna Municipal
officials;
Pay municipal services, rates and taxes; and promote this culture in their
respective communities and sectors
Encourage others to take care of and protect public property and other
community assets; and
Take into account the views of the communities of the municipal area of
Knysna
1. The Object of Ward Committees
(a) Ward Committees in the Knysna municipal area are established
and will operate according to the provisions of the Local
Government: Structures Act, 117 of 1998.2
(b) The object of Ward Committees is to enhance participatory
democracy.
1.1 The main objectives of Ward Committees are as follows:
(a) Create formal unbiased communication channels and co-
operative partnerships between Knysna Municipality and the
community within a ward;
(b) Ensure contact between Knysna Municipality and the community
through the relevant feedback mechanisms;
2 Sections 72 to 78
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(c) Create harmonious relationships between the residents of a ward,
ward councillor, the diverse community and Knysna Municipality as
a whole;
(d) Facilitate public participation in the process of the development,
review and implementation of the Budget and IDP of Knysna
Municipality;
(e) Act as an advisory body on council policies and matters affecting
communities in the ward as requested;
(f) Serve in an officially recognised and specialized participatory
structure in the Knysna Municipality;
(g) Make recommendations on matters affecting the ward to the ward
councillor, the local council, and the Mayor;
(h) Serve as a constructive mobilizing agent for positive community
action;
(i) Monitor, in conjunction with the ward councillor, the
implementation of ward plans, programmes and ward discretionary
funds, the control and implementation of which rests with council;
and
(j) Promote a culture of use and payment of/for services supplied by all
spheres of government.
1.2 The work of the Ward Committees must be aimed at the following
outcomes:
(a) Enhancing participatory democracy;
(b) Participating in neighbourhood and ward based planning, and
encouraging communities to take charge of their livelihood;
(c) Assisting the municipality in service delivery improvement;
(d) Assisting in the economic empowerment of communities;
(e) Enhancing local democracy and accountability;
(f) Enhancing social cohesion, nation building and integration of
communities across class, race, culture and religion; and
(g) Assisting in civic education e.g. rights and responsibilities etc.
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1.3 The Knysna Municipality will establish and adopt mechanisms,
processes and procedures to enable ward committees to participate
where possible and practical in the affairs of the municipality, including:
(a) Preparation, implementation and review of the Integrated
Development Plan;
(b) The establishment, implementation and review of the Performance
Management System, in which ever way practical;
(c) The monitoring and review of the Municipality’s performance,
including the outcomes and impact of such performance, in which
ever way practical;
(d) The preparation of the Budget and inputs to it in whichever way
practical;
(e) Strategic decisions relating to the provision of Municipal Services;
and
(f) Active involvement in community projects and actions pertaining to
poverty alleviation initiated by the Knysna Municipal Council.
2. Establishment and composition of Ward Committees
2.1 A Ward Committee must be established in each of the wards of the
Knysna Municipality.
2.2 A Ward Committee must consist of –
(a) The Ward Councillor, who serves as the chairperson of the Ward
Committee; and
(b) Not less than four and not more than 10 members representing
various sectors or geographical areas of the Ward community.
2.3 The establishment of Ward Committees must take into account the
need for –
(a) A democratic, representative, open and inclusive Ward
Committee;
(b) An active, empowered and competent Ward Committee;
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(c) Equitable gender representation and representation of the
previously marginalised as well as special focus groups eg
disabled, youth, as far as possible; and
(d) A representative, responsible and accountable Ward
Committee.
2.4 Ward Committees are established to achieve the objects set out in
Section 1 of this Constitution and must not be interpreted as a
mechanism to establish ward representatives parallel to Ward
Councillors, a Council or the Administration. The ward committee
structure remains an advisory structure to Council and its various sub-
committees and structures.
3. Process to establish a Ward Committee
3.1 When the Municipal Council adopts a resolution to establish Ward
Committees, the Municipal Manager or an official delegated by the
Municipal Manager, or the Ward Councillor must inform the community
of this resolution through any of the following mechanisms -
(a) Newsletter;
(b) Advertisement in the local media and on notice boards.
(c) Any other means that may be effective, and
(d) Any other method recommended and relevant from the
Communication Strategy.
3.2 To encourage the involvement of communities and community
organisations in the establishment of Ward Committees, the Municipal
Manager or the responsible official must facilitate consultative
meetings with sectors, geographic areas and interested community
members in each ward to determine which are active in each ward.
3.3 The final decision regarding which sector and/or geographic areas are
to be represented is to be made by the Speaker in consultation with
the Ward Councillor and the relevant responsible official.
4. Procedure to elect a Ward Committee
4.1 The procedure and guidelines for the election of Ward Committees
contained in Schedule 1 of this Constitution must be followed with the
object to promote -
(a) A practical, democratic, free and fair Ward Committee
process;
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(b) Representivity and accountability of Ward Committee
Members;
(c) Interaction between Ward Committees and Ward
Councillors; and
(d) Voluntary participation.
4.2 The procedure to elect Ward Committees must be consistent with the
object of Ward Committees as set out in Section 1(1) of this constitution.
5. Name
As its official name, the Ward Committee will have the number of the
Ward as determined by the Local Government: Municipal
Demarcation Act, 27 of 1998.
6. Area of Operation
6.1 Ward Committees will operate within the borders of the wards for
which it was elected as demarcated in terms of the Local Government:
Municipal Demarcation Act, 27 of 1998.
6.2 If the borders of a ward are re-determined by a competent body as
provided for by the Local Government: Municipal Demarcation Act, 27
of 1998, the area of operation for the Ward Committee will change
accordingly.
7. Authority
Ward Committee members are appointed by the Knysna Municipal
Council through its resolutions, and are subject to and will be governed
by the policies and guidelines of the Knysna Municipal Council.
8. Criteria for membership
8.1 A person is only eligible for election to a Ward Committee if he or she –
(a) Represent a sector or geographical area which is involved in
some formal activity in the ward;
(b) Is elected by his or her sector/geographic area to serve on the
committee, and remains in good standing as a member of
his/her sector/geographic area;
(c) Is not indebted to the municipality for a period longer than three
months, unless he or she can prove that arrangements for the
settlement of the account have been made;
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(d) Is not an employee of the local or district municipality;
(e) Is not a person of unsound mind who has been declared so by a
competent court.
8.2 A South African Police clearance will be performed on all nominated
ward committee members. A negative outcome will be assessed by
the Speaker in conjunction with the relevant ward Councillor; whom
shall then determine the viability of the nominee to serve on the
relevant ward committee, or not.
8.3 The following are excluded from being represented on a Ward
Committee –
(a) Political parties and political organisations;
(b) Any organisation that is prohibited in terms of national legislation;
(c) Municipal officials;
(d) Trade unions;
(e) Any other structure or organisation that, in the opinion of the
municipal council, is not advancing the object of Ward
Committees;
(f) A serving municipal councillor of Knysna Municipality or any
other municipality (with the exception of the relevant Ward
Councillor in terms of Section 2(2)(1) above); or
(g) Government departments at the National and Provincial spheres.
9. Term of Office
The term of office for a Ward Committee member will be five years,
which shall correspond and run concurrently with the term of the
council referred to in section 24 and 75 of the Municipal Structures Act
117 of 1998.
10. Powers and Functions
10.1 Ward Committees will exercise all functions delegated to them in terms
of Section 59 of the Local Government: Municipal Systems Act, 32 of
2000.
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10.2 A Ward Committee must strive to give effect to the requirements of
section 5 of the Municipal Systems Act, 32 of 2000, as amended. Ward
Committee members will do this by:
(a) Informing members of their community about processes and
procedures they can use to contribute to the decision-making
processes of the Municipality;
(b) Assist members of their community to submit written or oral
recommendations, representations and complaints to the
Municipality;
(c) Assist members of their community to obtain responses to their
recommendations, representations and complaints;
(d) Informing their communities of council decisions or any other
matter that may affect them;
(e) Serving as a communication channel between the Municipal
Council and the community;
(f) Sensitising the community with regard to their rights to demand
openness and transparency in all municipal proceedings, the
right to the use and enjoyment of public facilities and the right of
access to municipal services; and
(g) Making the community aware of the duties they have to comply
with in order to receive municipal services, namely:
(i) To observe and respect the mechanisms and procedures
of the municipality;
(ii) Pay service fees, rates and levies;
(iii) To respect the rights of others;
(iv) To allow officials access to their property in order to
perform their municipal functions;
(v) To comply with the By-laws of the municipality; and
(vi) Being actively involved in community projects and actions
pertaining to poverty alleviation initiated by the Knysna
Municipal Council.
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10.3 A Ward Committee may develop rules for conducting its internal
business within the ambit of this constitution, municipal policies and any
applicable legislation.
10.4 A Ward Committee may make recommendations on any matter
affecting its ward to the Ward Councillor, and through the Ward
Councillor to any other political structure of the municipal council.
10.5 A Ward Committee may not instruct the Ward Councillor on how to
vote on any matter which serves before the municipal council.
11. Delegation of Powers and Functions
11.1 Only those powers and functions consistent with this Constitution, the
policies of the Municipality and any applicable legislation may be
delegated to Ward Committees.
11.2 A Ward Committee or a member of a Ward Committee may not –
(a) Be delegated with executive functions;
(b) Perform executive and/or administrative functions on
behalf of a Ward Councillor, the municipal council and/or
municipal officials;
(c) Represent, or be requested to represent a councillor,
and/or the municipal council at any gathering;
(d) Issue any instructions to municipal officials; or
(e) Interfere with or obstruct a municipal official performing his
or her official duties or any activities sanctioned by the
municipal council.
11.3 The functional areas of ward committees are clustered according to
normal and ad hoc Activities as follow:
(a) Normal Activities
Functional Area 1: Attendance of formal scheduled ward
committee meetings by ward committee member.
Functional Area 2: Attendance of formal and scheduled
community and sector report back meetings by ward committee
member
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Functional Area 3: Registering of operational service delivery and
other complaints by ward committee member.
Functional Area 4: Active involvement in ward based
development, monitoring and evaluation thereof by a ward
committee member
(b) Adhoc Activities:
Functional Area 5: Attendance of compulsory ward committee
training and capacity building programmes by ward committee
member.
Functional Area 6: Attendance and/or participation by ward
committee member in other official forums from other spheres of
government that is approved by that local municipality.
12. Activities of Ward Committees
12.1 The activities of the ward committees shall include the following:
(a) Organize and attend meetings of the ward committee, council,
community and sector consultation and feedback meetings;
(b) Receive and record complaints from the community within the
ward regarding service delivery, payment systems and provide
feedback on council`s responses;
(c) Visit relevant sector organizations and communities for the
feedback, intervention, networking, community mobilization,
conflict resolutions and other reasons;
(d) Participate in the stakeholder cluster forums;
(e) Being represented in the council`s study groups by their
chairpersons; and
(f) Coordinating ward programmes.
12.2 Participating in the IDP Review and Representative Forum through: