Local Environmental Sustainability Workshop Post-2021 Elections in South Africa
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Email:nonhlanhlangcobo9@gmail.com
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Municipal committees established in terms of section 79 and 80 of the Local
Government: Municipal Structures Act 117 of 2008
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Key function: To
delegate specific functions
and to
strengthen the work of
council
.
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Section 155(1)
(1) There are the following categories of municipality:
(a) Category A: A municipality that has exclusive municipal executive and
legislative authority in its area.
(b) Category B: A municipality that shares municipal executive and legislative
authority in its area with a category C municipality within whose area it falls.
(c) Category C: A municipality that has municipal executive and legislative
authority in an area that includes more than one municipality.
Section 160(1)(c)
Internal procedure dictates that a municipal council may elect an executive
committee and other committees, subject to national legislation.
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Local Government: Municipal Structures Act 117 of 1998
Section 79: Other committees of a municipal council
Section 80:
Committees to assist executive committee or executive mayor
Instrument objectives
•
To enable municipal councils to delegate specific functions.
•
E.g.: increase local capacity;
•
enhance public participation and solidarity in communities;
•
specifically design and see to the implementation of redistributive measures such as
policies and plans;
•
monitor and ensure compliance with human rights duties; and
•
investigate and make suggestions on how to address underlying causes of socio-economic
inequalities in local communities.
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Section 79(1)(a) of the Municipal Structures Act
A municipal council may establish one or more committees necessary for
the effective and efficient performance of any of its functions or exercise
any of its powers; this includes environmental management functions and
powers.
Section 80 of the Municipal Structures Act
Provides that a municipal committee may be established in terms of section
79 to assist an executive committee or an executive mayor.
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Section 79 committee
The municipal council is responsible for the establishment of a section 79
committee. This is found in section 79(1)(a) of the Municipal Structures Act.
Section 80 committee
A section 80 committee is also established by a municipal council in terms
of section 79(1)(a) of the Municipal Structures Act.
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Municipal Structures Act does not specify the requirements for developing and
reviewing these committees
in great detail
.
•
The regulations in the Municipal Structures Act do not provide for this.
•
Municipal council may dissolve a committee at any time. No elaboration given.
•
An
executive mayor
or
executive committee
may vary or revoke any decision taken by
a section 80 committee.
Linkages with Sustainable Development Goal 11
•
SDG 11 can not be linked directly or tacitly to the functioning of section 79 and
80 committees.
•
Link created by involving the most vulnerable sectors of society.
•
Where a section 79 or 80 committee is established to enhance public
participation, it will meet the objectives of SDG 11.
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Participatory governance is identified as a key tenant of post-apartheid local
government and legislation.
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Ward committees are a preferred structure for ensuring public participation in
environmentally relevant matters of local government.
•
However, section 79 and 80 committees are a flexible mechanism.
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Urban resilience and sustainable development require
a close integration of urban
governance
.
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Need to
Integrate existing
structures,
committees
and systems towards a common goal
is necessary for building sustainable spaces.
•
See Nel, Du Plessis and Retief “Key elements for municipal action” 2-21: “there is little
doubt that a municipality would fail on the road to sustainability in the absence of good
cooperative intergovernmental relations and open communication”.
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Section 79 or 80 committee may serve to bring together political office bearers
and officials from different departments or sections within a municipality.
•
A section 79 or 80 committee may be established as an ‘environmental
management portfolio committee’ comprising representatives from municipal
planning, environmental management and engineering services among many.
•
Key reason for municipal committees? To build local capacity, enhance public
participation, and specifically design and implement policies and plans on
environmental management.
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s
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Fuo O Local Government’s role in the pursuit of the transformative
constitutional mandate of social justice in South Africa (LL.D thesis North-
West University 2014) 266-267
Kraai S, Holzhauzen N and Malan L ꞋꞋ Oversight Mechanisms in Local
Government A Case of Ekurhuleni Metropolitan Municipality in South AfricaꞋꞋ
2018 African Journal of Public Affairs 59-72
Nel J, Du Plessis W and Du Plessis A “Instrumentation for local
environmental governance” in Du Plessis A (ed) Environmental Law and
Local Government in South Africa
Nel J, Du Plessis A and Retief F “Key elements for municipal action” in Du
Plessis A (ed) Environmental Law and Local Government in South Africa
Pwaka O ꞋꞋ An Evaluation of Effectiveness of Oversight Committees: A Case
of City of Johannesburg, Section 79 CommitteesꞋꞋ 2018 International Journal
of Public Policy and Administration Research 48-67
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Workshop on local environmental sustainability post-2021 elections in South Africa focusing on the establishment and functions of municipal committees under Sections 79 and 80 of the Municipal Structures Act. The workshop aims to enhance public participation, capacity building, and address socio-economic inequalities through environmental management functions.
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Presentation Transcript
After the 2021 Local Government Elections: A fresh outlook on local environmental sustainability in South Africa WORKSHOP 22 November 2022 ---------------------------- Municipal Committees (Ss 79 and 80) Municipal Committees (Ss 79 and 80) Presenter: Nonhlanhla Ngcobo Nonhlanhla Ngcobo Email: nonhlanhlangcobo9@gmail.com
The instrument: Section 79 and 80 committees Municipal committees established in terms of section 79 and 80 of the Local Government: Municipal Structures Act 117 of 2008 Key function: To delegate specific functions and to strengthen the work of council.
Basis in SA Constitution Section 155(1) (1) There are the following categories of municipality: (a) Category A: A municipality that has exclusive municipal executive and legislative authority in its area. (b) Category B: A municipality that shares municipal executive and legislative authority in its area with a category C municipality within whose area it falls. (c) Category C: A municipality that has municipal executive and legislative authority in an area that includes more than one municipality. Section 160(1)(c) Internal procedure dictates that a municipal council may elect an executive committee and other committees, subject to national legislation.
Basis in local government and other law (legislation) Local Government: Municipal Structures Act 117 of 1998 Section 79: Other committees of a municipal council Section 80: Committees to assist executive committee or executive mayor
Instrument objectives To enable municipal councils to delegate specific functions. E.g.: increase local capacity; enhance public participation and solidarity in communities; specifically design and see to the implementation of redistributive measures such as policies and plans; monitor and ensure compliance with human rights duties; and investigate and make suggestions on how to address underlying causes of socio-economic inequalities in local communities.
Environmentally relevant features Section 79(1)(a) of the Municipal Structures Act A municipal council may establish one or more committees necessary for the effective and efficient performance of any of its functions or exercise any of its powers; this includes environmental management functions and powers. Section 80 of the Municipal Structures Act Provides that a municipal committee may be established in terms of section 79 to assist an executive committee or an executive mayor.
The responsible and accountable people Section 79 committee The municipal council is responsible for the establishment of a section 79 committee. This is found in section 79(1)(a) of the Municipal Structures Act. Section 80 committee A section 80 committee is also established by a municipal council in terms of section 79(1)(a) of the Municipal Structures Act.
Requirements for development and review Municipal Structures Act does not specify the requirements for developing and reviewing these committees in great detail. The regulations in the Municipal Structures Act do not provide for this. Municipal council may dissolve a committee at any time. No elaboration given. An executive mayor or executive committee may vary or revoke any decision taken by a section 80 committee.
Linkages with Sustainable Development Goal 11 SDG 11 can not be linked directly or tacitly to the functioning of section 79 and 80 committees. Link created by involving the most vulnerable sectors of society. Where a section 79 or 80 committee is established to enhance public participation, it will meet the objectives of SDG 11.
Linkages with SAs National Development Plan (NDP) Participatory governance is identified as a key tenant of post-apartheid local government and legislation. Ward committees are a preferred structure for ensuring public participation in environmentally relevant matters of local government. However, section 79 and 80 committees are a flexible mechanism.
Linkages with SAs Integrated Urban Development Framework (IUDF) Urban resilience and sustainable development require a close integration of urban governance. Need to Integrate existing structures, committees and systems towards a common goal is necessary for building sustainable spaces. See Nel, Du Plessis and Retief Key elements for municipal action 2-21: there is little doubt that a municipality would fail on the road to sustainability in the absence of good cooperative intergovernmental relations and open communication .
What do the scholars in this field suggest? Section 79 or 80 committee may serve to bring together political office bearers and officials from different departments or sections within a municipality. A section 79 or 80 committee may be established as an environmental management portfolio committee comprising representatives from municipal planning, environmental management and engineering services among many. Key reason for municipal committees? To build local capacity, enhance public participation, and specifically design and implement policies and plans on environmental management.
Additional materials to consult Fuo O Local Government s role in the pursuit of the transformative constitutional mandate of social justice in South Africa (LL.D thesis North-West University 2014) 266-267 Kraai S, Holzhauzen N and Malan L Oversight Mechanisms in Local Government A Case of Ekurhuleni Metropolitan Municipality in South Africa 2018 African Journal of Public Affairs 59-72 Nel J, Du Plessis W and Du Plessis A Instrumentation for local environmental governance in Du Plessis A (ed) Environmental Law and Local Government in South Africa Nel J, Du Plessis A and Retief F Key elements for municipal action in Du Plessis A (ed) Environmental Law and Local Government in South Africa Pwaka O An Evaluation of Effectiveness of Oversight Committees: A Case of City of Johannesburg, Section 79 Committees 2018 International Journal of Public Policy and Administration Research 48-67
The research for this presentation is based on research supported in part by the National Research Foundation of South Africa (Grant number: 115581) & the Konrad Adenauer Foundation (KAS). All views and opinions are the author s own.
