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Constitution for Ward Committees
of the Knysna 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:
1. Represent the interests of various communities and /or sectors in a particular
ward of Knysna Municipality;
2. Recognise the value of a democratic, inclusive, open and responsive municipal
council, which is committed to meaningful public participation;
3. Respect and value constructive and regular interaction with the democratically
elected representatives; and
4. Support a system of participatory municipal governance that enables the Knysna
Municipal Council to fulfill its constitutional obligations,
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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THEREFORE
Members of Ward Committees -
1. Undertake to -
1. 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;
2. Respect the authority of the Knysna Municipal Council, its Committees and
structures, the respective Ward Councilors and Knysna Municipal officials;
3. Pay municipal services, rates and taxes; and promote this culture in their
respective communities and sectors
4. Encourage others to take care of and protect public property and other
community assets; and
5. Take into account the views of the communities of the municipal area of
Knysna
1. The Object of Ward Committees
(1) 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
(2) The object of Ward Committees is to enhance participatory democracy.
(3) The main objectives of Ward Committees are as follows:
1. Create formal unbiased communication channels and co-operative
partnerships between Knysna Municipality and the community within a ward;
2. Ensure contact between Knysna Municipality and the community through the
relevant feedback mechanisms;
3. Create harmonious relationships between the residents of a ward, ward
councillor, the diverse community and Knysna Municipality as a whole;
4. Facilitate public participation in the process of the development, review and
implementation of the Budget and IDP of Knysna Municipality;
5. Act as an advisory body on council policies and matters affecting
communities in the ward as requested;
2 Sections 72 to 78
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6. Serve in an officially recognised and specialized participatory structure in the
Knysna Municipality;
7. Make recommendations on matters affecting the ward to the ward councillor,
the local council, and the Mayor;
8. Serve as a constructive mobilizing agent for positive community action;
9. 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
10. Promote a culture of use and payment of/for services supplied by all spheres
of government.
(4) The work of the Ward Committees must be aimed at the following outcomes:
1. Enhancing participatory democracy;
2. Participating in neighbourhood and ward based planning, and
encouraging communities to take charge of their livelihood;
3. Assisting the municipality in service delivery improvement;
4. Assisting in the economic empowerment of communities;
5. Enhancing local democracy and accountability;
6. Enhancing social cohesion, nation building and integration of
communities across class, race, culture and religion; and
7. Assisting in civic education e.g. rights and responsibilities etc.
(5) 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 -
1. Preparation, implementation and review of the
Integrated Development Plan;
2. The establishment, implementation and review of the
Performance Management System, in which ever way practical;
3. The monitoring and review of the Municipality’s performance, including
the outcomes and impact of such performance, in which ever way
practical;
4. The preparation of the Budget and inputs to it in whichever way
practical;
5. Strategic decisions relating to the provision of Municipal
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Services; and
6 Active involvement in community projects and actions
pertaining to poverty alleviation initiated by the Knysna
Municipal Council.
2. Establishment and composition of Ward Committees
(1) A Ward Committee must be established in each of the wards of the Knysna
Municipality.
(2) A Ward Committee must consist of –
1. The Ward Councillor, who serves as the chairperson of the Ward
Committee; and
2. Not less than four and not more than 10 members representing various
interest/focus groups, sectors, or geographical areas of the Ward
community.
3. If the geographical situation of a ward is of such a nature that it consists
of two or more distantly separated communities, the Ward Councillor in
conjunction with the Speaker as well as his/her ward committee may
determine the most practical arrangement for meeting as a complete
or split ward committee, as relevant and may be required or practical.
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(3) The establishment of Ward Committees must take into account the need for –
1. A democratic, representative, open and inclusive Ward
Committee;
2. An active, empowered and competent Ward Committee;
3. Equitable gender representation and representation of the
previously marginalised as well as special focus groups eg
disabled, youth, as far as possible; and
4. A representative, responsible and accountable Ward Committee.
(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
(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 -
1. Newsletter;
2. Advertisement in the local media and on notice boards.
3. Any other means that may be effective, and
4. Any other method recommended and relevant from the Communication
Strategy.
(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, interest
groups and interested community members in each ward to determine which
organisations and interest groups are active in each ward.
(3) The final decision regarding which interest groups are to be represented is to
be made by the Speaker, who must take into account the recommendations
of the Ward Councillor and the relevant responsible official.
4. Procedure to elect a Ward Committee
(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
-
1. A practical, democratic, free and fair Ward Committee process;
2. Representivity and accountability of Ward Committee Members;
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3. Interaction between Ward Committees and Ward Councillors;
and
4. Voluntary participation.
(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
(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.
(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
(1) A person is only eligible for election to a Ward Committee if he or she –
1. Represent an organisation/sector/interest group or geographical area
which is involved in some formal activity in the ward;
2. Is elected by his or her interest group to serve on the committee, and
remains in good standing as a member of his/her interest group;
3. 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;
4. Is not an employee of the local or district municipality;
5. Has not been convicted after February 1997 of an offence, for which he
or she was sentenced to imprisonment without the option of a fine for a
period of not less than 12 months; and
6. Is not a person of unsound mind who has been declared so by a
competent court.
(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;
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(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
Ward Committee members will serve up 3 (three) months following the local
government elections following their appointment.
10. Powers and Functions
(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.
(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:
(3)
1. Informing members of their community about processes and
procedures they can use to contribute to the decision-making
processes of the Municipality;
2. Assist members of their community to submit written or oral
recommendations, representations and complaints to the Municipality;
3. Assist members of their community to obtain responses to their
recommendations, representations and complaints;
4. Informing their communities of council decisions or any other matter
that may effect them;
5. Serving as a communication channel between the Municipal Council
and the community;
6. 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
7. Making the community aware of the duties they have to comply with in
order to receive municipal services, namely:
1) To observe and respect the mechanisms and procedures of the
municipality;
2) Pay service fees, rates and levies;
3) To respect the rights of others;
4) To allow officials access to their property in order to perform their
municipal functions;
5) To comply with the By-laws of the municipality; and
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6) Being actively involved in community projects and actions
pertaining to poverty alleviation initiated by the Knysna Municipal
Council.
(4) A Ward Committee may develop rules for conducting its internal business
within the ambit of this constitution, municipal policies and any applicable
legislation.
(5) 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.
(6) 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
(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.
(2) A Ward Committee or a member of a Ward Committee may not -
1. Be delegated with executive functions;
2. Perform executive and/or administrative functions on behalf of a
Ward Councillor, the municipal council and/or municipal officials;
3. Represent, or be requested to represent a councillor, and/or the
municipal council at any gathering;
4. Issue any instructions to municipal officials; or
5. Interfere with or obstruct a municipal official performing his or her
official duties or any activities sanctioned by the municipal
council.
(3) The functional areas of ward committees are clustered according to normal and
ad hoc Activities as follow:
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
Functional Area 3: Registering of operational service delivery and other complaints
by ward committee member.
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Functional Area 4: Active involvement in ward based development, monitoring and
evaluation thereof by a ward committee member
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
1) The activities of the ward committees shall include the following:
1. Organize and attend meetings of the ward committee, council,
community and sector consultation and feedback meetings;
2. Receive and record complaints from the community within the ward
regarding service delivery, payment systems and provide feedback on
council`s responses;
3. Visit relevant sector organizations and communities for the feedback,
intervention, networking, community mobilization, conflict resolutions
and other reasons;
4. Participate in the stakeholder cluster forums;
5. Being represented in the council`s study groups by their chairpersons;
and
6. Coordinating ward programmes.
2) Participating in the IDP Review and Representative Forum through:
1. Information gathering
2. Identifying priorities/reprioritize/add projects
3. Attending review exercises
4. Serving on representative forum to liaise with residents
5. Overseeing development projects emerging from IDP/Ward based
Integrated Development Plan; and
6. Attending public IDP/Ward based Integrated Development Plan
Meetings
3) Participating in budget processes through
1. Attending public hearing per ward
2. Attending Mayoral Committee and Finance Committee outreach
programmes
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3. Discuss ward based budget with Ward Councilor and official assigned
to the ward; and
4. Attend and make inputs into municipal budget meetings and
processes.
4) Participating in performance management functions through:
1. Engage in performance review of IDP,
2. Raise concerns regarding off-schedule capital projects and service
delivery requests, and
3. Through IDP reviews provide written comments/feedback on the level
of proposed development and service delivery.
13. Meetings
(1) Ward Committees must meet at least once a quarter, but preferably once
every two months
(2) The date, time and place of Ward Committee meetings shall be decided
upon by a majority of the members, in conjunction with the ward councillor
and the administration
(3) When organising meetings of a Ward Committee, the Administration must-
(a) Ensure that all members of the Ward Committee receive at least 7days
written or electronic (email, sms) notice of the meeting.
(b) Ensure that the notice of the meeting includes the date, time and
venue of the meeting.
(c) Ensure that an agenda, minutes of the previous meeting and any other
relevant documents reach Ward Committee members 2 (two) days
before the meeting date.
(d) Ensure that, where a ward committee meeting has been cancelled and
/ or postponed, a notice is affixed to the door of the venue setting out
the reason for the cancellation and, where possible, the new date and
time of the meeting.
(4) For the purposes of transacting its business, a Ward Committee must form a
quorum consisting of a simple majority of members of that Ward Committee,
or of the split committee, as the case may be.
(5) All meetings of the Ward Committee will be open to the public including the
media, as observers only.
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(6) All other councillors of Knysna Municipality may attend a Ward Committee
meeting and in such event, must inform the Chairperson of the relevant Ward
Committee in advance that they wish to attend the Ward Committee
meeting.
(7) Should the Ward Councillor not be available for a meeting of the Ward
Committee, the Ward Councillor may delegate in writing the chairing of the
meeting in his/her absence to any other Councillor, with the written approval
of the Office of the Speaker.
(8) There shall be no voting on the issues discussed in a Ward Committee, except
on matters concerning its own internal procedures. Decisions should be by
consensus.
(9) In the event of a vacancy in the office of Ward Councillor for a specific ward,
the Speaker or a councillor designated by the Speaker may act as chair
person of the Ward Committee.
(10) No items from the agenda of the municipal council that are marked
confidential shall be discussed at a Ward Committee meeting.
(11) Minutes of Ward Committee meetings shall be handled in
the manner prescribed by Schedule 3 of this Constitution.
(12) The Chairperson of the Ward Committee must take reasonable
steps to regulate public access to meetings, and public conduct at meetings.
14. Special Meetings
The Ward Councillor may call a special or urgent Ward Committee meeting
when in his or her opinion it is necessary to do so, and must for this purpose
request the administration to ensure that all members of the Ward Committee
receive the notice of such a special or urgent meeting at least 24 hours
before the meeting. This should however be in exceptional circumstances
and be approved in writing by the Speaker
15. Attendance of Meetings
(1) A Ward Committee member may not be absent from a meeting of the Ward
Committee without a valid reason
(2) A written apology, setting out the reason for the absence, must be submitted
in writing to the Ward Councillor prior to the meeting.
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(3) If a Ward Committee Member fails to attend a Ward Committee meeting
without a valid explanation, the administration must inform such a member in
writing that another absence without a valid reason will result in his or her
membership being terminated;
16. Remuneration
(1) No remuneration shall be payable to members of a Ward Committee, besides
any Out of Pocket expenses paid in terms of Council policy. Such funds will
be subject to taxation as determined by SARS
(2) The Municipal Council may prescribe criteria and guidelines for payment of
Out of Pocket expenses of ward committee members. Knysna Municipality will
ensure that technical and administrative assistance is provided to the ward
committees, where possible.
(3) Knysna Municipality will do their best to ensure that ward committees have
access to meeting venues and necessary equipment.
17. Resignation
(1) A Ward Committee member who intends to resign must send a written
letter of resignation to the Ward Councillor or to the Office of the
Speaker. The letter may be delivered either by hand or sent by email.
(2) Where a Ward Councillor has received a letter of resignation, he / she
must immediately forward it to the Office of the Speaker.
18. Vacancy
In the event of a vacancy in the Ward Committee, the Ward Councillor may
in conjunction with the Speaker, in compliance with Section 2 above:
(1) Invite organisations not currently represented to fill a specific vacancy in
the Ward Committee; or
(2) Call a community meeting to elect members from a sector /
geographical area; or
(3) Allow the represented structure to nominate a replacement.
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19. Removal from Ward Committee
(1) A member of a Ward Committee may be removed from office in the
following circumstances:–
(a) When he / she commits a breach of the Code of Conduct for
Ward Committee members referred to in Section 23 below;
(b) On written request from the structure he /she represents.
(2) Termination of membership shall become effective on the date:
(a) The letter of resignation is received by either the Ward Councillor
or the Speaker, whichever is the earlier date;
(b) The written request from the structure he /she represents is
received; or
(c) The Speaker makes a decision to terminate membership.
20. Procedure to Remove a Ward Committee Member from Office:
The procedure to remove a Ward Committee Member must be fair and
reasonable and for this purpose a Ward Committee member may only be
removed from office where the procedure set out in the Code of Conduct for
Ward Committee members has been followed.–
21. Resolution of Disputes
Any difference or dispute arising between a Ward Councillor and a Ward
Committee member or members must be referred to the Speaker of the
municipality for resolution, and the decision of the Speaker will be final and
binding.
22. Dissolution of a Ward Committee
(1) The municipal council reserves the right to dissolve a Ward Committee by a
majority vote if a Ward Committee fails to realize its objective.
(2) A Ward Councillor may recommend to Council that the Ward Committee for
the ward she/he represents be dissolved. The Speaker must conduct an
investigation to determine whether the recommendation is justified, and
submit a report to Council for consideration.
23. Code of Conduct
The Code of Conduct for Ward Committee Members contained in Schedule 2
applies to every member of a Ward Committee and every member will sign
an undertaking to abide by the Code.
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24. Amendment of this Constitution
The municipal council may amend this Constitution by resolution after
preferably obtaining the comments of all Ward Committees in the municipal
area at the time, provided that no such consultation needs to take place
during the two months preceding a general municipal election and until the
establishment of new Ward Committees, in which case the municipal council
may consult with the interest groups and organisations it deems fit.
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Schedule 1
KNYSNA MUNICIPALITY
Procedure to Elect a Ward Committee
(In terms of Clause 4(1) of the Constitution of Ward Committees for the Knysna
Municipality)
1. INTRODUCTION
Due to the diversity of the wards demarcated in the Knysna Municipal area, it
is not possible to determine a uniform procedure for the election of Ward
Committees. For that reason, the procedure is designed to ensure that the
election of a Ward Committee for each ward will facilitate compliance with
the object of Ward Committees set out in the Constitution of Ward
Committees.
The general procedure for the election of Ward Committee members may
require the following steps:
(a) The holding of community meetings and the identification of active
organisations and interest groups;
(b) Receiving nominations;
(c) Compilation of a list of nominations per ward;
(d) Submission of the lists to the Ward Councillors for comment;
(e) Submission to the Speaker;
(f) Publication of names of provisionally selected Ward Committee
members for public comment or objections;
(g) Consideration of public input;
(h) Submission of names of Ward Committee members per ward, and
any comment or objections received, to Council; and
(i) Council approval of the Ward Committee members
2. COMMUNITY MEETINGS
2.1. Community meetings will be held within the boundaries of each
ward, as far as possible;
2.2. Meetings will be chaired by the Ward Councillor, and in his or her
absence and with his or her permission, the Speaker or a properly
delegated councillor;
2.3. Community meetings will be held at a time that is convenient to
the community.
2.4. Other Councillors may attend community meetings as observers,
but may only participate in the proceedings with the prior
approval of the Ward Councillor concerned;
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2.5. At the community meeting the community will be requested to
identify the organisations and interest groups (which may not
exceed 10 in number) that should be representing the interests of
the ward on the Ward Committee, in accordance with
Constitution of Ward Committees; and
2.6. Only persons residing in the particular ward may participate in the
process of identifying organisations and interest groups at the
community meeting.
3. NOMINATION OF REPRESENTATIVES
Within 3 days after the community meeting referred to in paragraph 2, the
Municipality must notify the organizations and interest groups in writing that
they have been identified as representing the interests of a particular ward.
Within 10 days of being so notified, the organisations or interest groups
identified at the meeting must provide the names and particulars of at least
two nominated representatives, in order of preference, to the Municipal
Manager (or a delegated official), provided that:
3.1. The nominees qualify to serve as Ward Committee members in terms
of Clause 8 of the Constitution of Ward Committees;
3.2. At least one of the nominated representatives is a female; and
3.3. The nominees indicate their acceptance of the nomination in writing
4. CONFIRMATION OF NOMINATIONS WHERE POSITIONS ARE NOT CONTESTED
4.1. The official designated (the official) in terms of Clause 3(1) of the
Constitution of Ward Committees must compile a report containing a list
of all nominations for Ward Committee members received in respect of
each ward and submit the list to the Ward Councillor concerned for
his/her comments and recommendation.
4.2. The official must submit the report together with the comments and
recommendations of the Ward Councillor to the Speaker.
4.3. The Speaker:
4.3.1 Must consider the nominations and the comments and
recommendations of the Ward Councillor;
4.3.2 Must establish a representative Ward Committee for each ward
from the nominations received;
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4.3.3. May consult with an organisation or interest group regarding the
nomination of a representative on the Ward Committee for the
organisation or interest group; and
4.3.4. Compile and confirm a list of accepted Ward Committee
members accepted for each ward and publish such list in the
local press for public comment and/or objections, upon Council
approval
5. ELECTION PROCEDURE WHERE POSITIONS ARE CONTESTED
Where more than one nomination is received from a sector in a ward:
(i) The Ward Councillor calls a meeting in the ward for the election of Ward
Committee members
(ii) The meeting votes by majority vote (50% plus one) for a representative
from a particular sector.
(iii) In the event that no candidate receives a majority vote, the meeting
votes again, but only the two candidates who received the most votes
in the first round of votes are eligible for election in the second round of
votes.
(iv) If no candidate receives a majority vote in the second round of votes, a
report will be submitted to Council and Council will vote by majority
vote.
Where a candidate is elected in terms of this paragraph, the procedure set out in
paragraph 4 must be followed.
6. PROCEDURE WHERE NO NOMINATIONS ARE RECEIVED
In the event that no nomination for a Ward Committee member is received from an
identified organisation or interest group in a ward, the Speaker shall report the
matter to the Council for consideration.
7. OBJECTIONS
All objections and comments received in connection with the names of Ward
Committee members must be considered by the Municipal Council and the
decision of Council regarding the composition of the Ward Committee will be final.
An objection against the confirmation of a person as Ward Committee member
shall not affect the confirmation of the other members of the same Ward
Committee by Council, or the proceedings of such Ward Committee, provided that
the remaining members are four or more in number.
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Schedule 2
Knysna Municipality
Code of Conduct for Ward Committee Members
Preamble
All Ward Committee members must abide by this Code of Conduct, which requires
them to serve the interest of the sector or interests group they represent, and also to
serve the community at large.
Ward Committee members serve on the Ward Committee as a resource to the
Ward Councillor, who is elected to champion the developmental needs of their
community in the Knysna Municipal Council. The prime function of Ward
Committee members is to represent the interest of a sector or interest group in the
Ward Committee. Members of Ward Committees represent their sectors or interest
groups, to whom they are expected to regularly report back by obtaining inputs
and mandates from their sectors to advise the Ward Councillor.
1. General conduct of Ward Committee Members
(a) A Ward Committee member must:
(i) Perform his or her functions within the Ward Committee in good faith,
honestly and in a transparent manner.
(ii) At all times act in the best interest of the community in collaboration
with the Councillor, always maintain the interest of the sector or
interest group he or she is representing.
(iii) At all times act within the framework espoused in the White Paper on
Transforming the Public Service, also called “Batho Pele” – People
First.
To this end, Ward Committee Members must always strive to:
Involve their sector or interest group in consultative processes
pertaining to municipal governance;
Ensure that their sector or interest group has access to information
pertaining to municipal governance, including the minutes of Ward
Committee meetings;
Act in a transparent manner and share information on the operation
of the Ward Committee.
(b) A Ward Committee member must always conduct him or herself in such a
manner not bring the Ward Committee and/or the municipal council into
disrepute.
(c) A Ward Committee member who has a direct or indirect financial interest
in any matter serving before a Ward Committee must recuse him or herself
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from such discussion, unless that interest is the same as that of any other
person in the ward.
2. Meetings of the Ward Committee
A Ward Committee member:
(a) Must strive to attend all meetings of the Ward Committee;
(b) May not miss Ward Committee meetings, except if prior written notice
of such absence has been given to the Ward Councillor;
(c) Inform the Ward Councillor if he or she is unable to attend a meeting
and state the reason for the inability to attend;
(d) Liaise with his or her sector or interest group prior to each Ward
Committee meeting, so that issues tabled at these meetings are
informed by input from the broader sector; and
(e) Provide feedback to his/her sector or interest group on matters raised at
Ward Committee meetings as well as on other municipal matters.
3. Breaches of the Code of Conduct
The following actions may constitute a breach of the Code of Conduct:
(a) Fails to attend the prescribed number of meetings without a valid
reason;
(b) Fails to represent his or her constituency adequately.
(c) Does not account to his or her constituency, as may be required by the
rules and Constitution of the relevant constituency;
(d) If a Ward Committee member brings the Ward Committee into
disrepute.
(e) A Ward Committee member interferes a municipal official performing his
or her official duties or any activities sanctioned by the municipal
council.
(f) If a Ward Committee Member is in arrears of Municipal Services for not
longer than 3 months.
4. Procedure for breach of the Code of Conduct
(a) The Ward Councillor, as the chairperson of the Ward Committee, must
investigate and make a finding on any alleged breach of the code of conduct by a
Ward Committee member. A sub-committee comprised of two Ward Committee
members may assist the Councillor in the investigation.
(b) The investigation conducted by the Ward Councillor must include giving
the Ward Committee member an opportunity to state his / her case.
(b)The finding and recommendation of the Ward Councillor in terms of Clause
4 (a) must be reported to the Speaker.
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(d) The Speaker must consider the finding and recommendation of the
Ward Councillor and thereafter make a decision regarding an
appropriate sanction.
(e) The Speaker has the delegated authority to terminate a Ward
Committee member’s membership for a reason set out in the
Constitution and Code of Conduct of Ward Committee Members and
after the procedure set out above has been followed.
(f) A decision taken by the Speaker in terms of this section must be
reported to Council at the next ordinary sitting thereof.
(g) The date of termination of a Ward Committee Member’s membership
for a breach of the Code of Conduct for Ward Committee Members
shall be the date of the Speaker’s decision.
(h) Any disciplinary steps which include the investigation by the councillor
for the breach of the code of conduct must be taken within 30(thirty)
days after the ward Councillor became aware of such breach.
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(5) Declaration
Declaration
I …………………………………………………………………. (Name & surname)
…………………………………………..(ID no) declare that I have read the Code of
Conduct for Ward Committee members, that I understand it and that I agree to be
bound to it in the execution of my duties and the performance of my functions as a
Ward Committee member.
Signature:……………………………………………………………………………………
Date: …………………………………………………………………………………………
Ward number: ……………………………………………………………………………..
Address: ……………………………………………………………………………………..
Contact Details: ……………………………………………………………………………
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Schedule 3
Knysna Municipality
Handling of Ward Committee Meetings Minutes
(In terms of clause 13of the Constitution of Ward Committees for the Knysna
Municipality)
1. The Standard Operational Procedures with regard to Ward Committee minutes
should be as follows:
(a) Public participation department is responsible for all logistical support
with regard to arranging Ward Committee meetings;
(b) Public Participation should develop action minutes of the Ward
Committee meetings;
(c) The minutes must be forwarded to Ward Councillors for approval.
(d) After Approval by the Ward Councillors, all minutes must be copied to
the Office of the Speaker for all meetings held; and the minutes must
be forwarded to the Manager Administration for follow up and
coordination of feedback from all Directorates
(e) Policy issues should be referred to the Municipal Manager, complaints
to the Customer Relations Section and IDP related to the IDP unit,
budget to Finance etc;
(f) The feedback of the action minutes of Ward Committees must be
submitted to the relevant Ward Councillor for feedback to his/her ward
committee, and to the office of the Speaker for record/oversight
purposes.