cities

In addition to defining the parameters and structure of the three spheres of government, the
Constitution provides for the progressive realisation (subject to available resources) of socioeconomic
rights, from fair labour practices to giving every citizen the right to have access to basic public services.
Most of the legislation setting out the governance framework for municipalities (and the public service)
is based on the nine values and principles of public service outlined in Chapter 10 of the Constitution,
which states:
Public administration must be governed by the democratic values and principles enshrined in
the Constitution, including the following principles:
a. A high standard of professional ethics must be promoted and maintained.
b. Efficient, economic and effective use of resources must be promoted.
c. Public administration must be development-oriented.
d. Services must be provided impartially, fairly, equitably and without bias.
e. People’s needs must be responded to, and the public must be encouraged to participate in
policy-making.
f. Public administration must be accountable.
g. Transparency must be fostered by providing the public with timely, accessible and accurate
information.
h. Good human resource management and career-development practices, to maximise human
potential, must be cultivated.
i. Public administration must be broadly representative of the South African people, with
employment and personnel management practices based on ability, objectivity, fairness,
and the need to redress the imbalances of the past to achieve broad representation.
The 1998 White Paper on Local Government mandates local governments to work with citizens to
meet their needs and facilitate growth and development. The formal transition to a new system began
with the enactment of the Municipal Demarcation Act (No. 27 of 1998), followed by the Municipal
Structures Act (No. 117 of 1998 amended in 2000 and 2002), which provides for the establishment
of metros, executive mayors, speakers and ward committees. Elections for these new structures were
held in December 2000. The Local Government: Municipal Systems Act (No. 32 of 2000) defines the
process of developmental transformation by requiring the participation of citizens in decision-making
(Figure 6.2).
6
Figure 6.2: Policy and legislation defining transformation
2000
Municipal
Systems Act
2000
Promotion of Access
to Information Act
(PAIA)
2003
Municipal Finance
Management Act
(MFMA)
2005
Intergovernmental
Relations (IGR)
Framework Act
2008
Municipal Property
Rates Act
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