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Page | 1 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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Page 1: P a g e | - Knysna Municipality a g e | 1 Constitution for Ward Committees of the Knysna Municipality 1 Purpose of the Constitution The purpose of this Constitution is to provide uniform

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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.