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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:

(a) Information gathering

(b) Identifying priorities/reprioritize/add projects

(c) Attending review exercises

(d) Serving on representative forum to liaise with residents

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(e) Overseeing development projects emerging from IDP/Ward

based Integrated Development Plan; and

(f) Attending public IDP/Ward based Integrated Development Plan

Meetings

12.3 Participating in budget processes through

(a) Attending public hearing per ward

(b) Attending Mayoral Committee and Finance Committee

outreach programmes

(c) Discuss ward based budget with Ward Councilor and official

assigned to the ward; and

(d) Attend and make inputs into municipal budget meetings and

processes.

12.4 Participating in performance management functions through:

(a) Engage in performance review of IDP,

(b) Raise concerns regarding off-schedule capital projects and

service delivery requests, and

(c) Through IDP reviews provide written comments/feedback on the

level of proposed development and service delivery.

13. Meetings

13.1 Ward Committees must meet at least once a quarter, but preferably

once every two months

13.2 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

13.3 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.

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(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.

13.4 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.

13.5 All meetings of the Ward Committee will be open to the public

including the media, as observers only.

13.6 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.

13.7 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.

13.8 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.

13.9 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.

13.10 No items from the agenda of the municipal council that are marked

confidential shall be discussed at a Ward Committee meeting.

13.11 Minutes of Ward Committee meetings shall be handled in the manner

prescribed by Schedule 3 of this Constitution.

13.12 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

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in exceptional circumstances and be approved in writing by the

Speaker

15. Attendance of Meetings

15.1 A Ward Committee member may not be absent from a meeting of

the Ward Committee without a valid reason.

15.2 A apology, setting out the reason for the absence, must be submitted

to the Ward Councillor prior to the meeting.

15.3 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

16.1 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

16.2 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.

16.3 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 possible vacancy in the Ward Committee, the second

highest nominee during the election process shall fill in the vacancy. If

there is no information, the Ward Councillor may in conjunction with

the Speaker, in compliance with Section 2 above:

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(a) Invite organisations not currently represented to fill a specific

vacancy in the Ward Committee; or

(b) Call a community meeting to elect members from a sector /

geographical area; or

(c) Allow the represented structure to nominate a replacement.

19. Removal from Ward Committee

19.1 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 represent.

19.2 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

22.1 The municipal council reserves the right to dissolve a Ward Committee

by a majority vote if a Ward Committee fails to realize its objective.

22.2 A Ward Councillor may recommend to Council that the Ward

Committee for the ward she/he represents be dissolved. The Speaker

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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.

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 sectors 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 sectors;

(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;

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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;

2.5 At the community meeting the community will be requested to identify

the sectors, or geographical areas (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 sectors 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 sectors in writing that

they have been identified as representing the sector in a particular

ward. Within 10 days of being so notified, the organisations or sector

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:

(a) The nominees qualify to serve as Ward Committee members in

terms of Clause 8 of the Constitution of Ward Committees;

(b) At least one of the nominated representatives is a female; and

(c) 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

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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:

(a) Must consider the nominations and the comments and

recommendations of the Ward Councillor;

(b) Must establish a representative Ward Committee for each ward

from the nominations received;

(c) May consult with an organisation or sector regarding the

nomination of a representative on the Ward Committee for the

organisation or sector; and

(d) 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:

(a) The Ward Councillor calls a meeting in the ward for the election of

Ward Committee members

(b) The meeting votes by majority vote (50% plus one) for a

representative from a particular sector.

(c) 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.

(d) 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

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In the event that no nomination for a Ward Committee member is received

from an identified organisation or geographical area 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 geographical area 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

geographical group in the Ward Committee. Members of Ward Committees

represent their sectors or geographical areas to whom they are expected to

provide regular report back and obtaining inputs and mandates from their

sectors/geographical areas 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 geographical area 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:

(iv) Involve their sector or geographical area in consultative

processes pertaining to municipal governance;

(v) Ensure that their sector or geographical area has access to

information pertaining to municipal governance, including

the minutes of Ward Committee meetings;

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(vi) 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 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 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 geographical area 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 geographical area 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 sector or geographical area

adequately.

(c) Does not account to his or her sector or geographical area, as

may be required by the rules and Constitution of the relevant

constituency;

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(d) If a Ward Committee member brings the Ward Committee into

disrepute.

(e) A Ward Committee member interferes with 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 longer than 3 months without an acceptable arrangement.

4. Procedure for breach of the Code of Conduct

4.1 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.

4.2 The investigation conducted by the Ward Councillor must include

giving the Ward Committee member an opportunity to state his / her

case.

4.3 The finding and recommendation of the Ward Councillor in terms of

Clause 4.1 must be reported to the Speaker.

4.4 The Speaker must consider the finding and recommendation of the

Ward Councillor and thereafter make a decision regarding an

appropriate sanction.

4.5 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.

4.6 A decision taken by the Speaker in terms of this section must be

reported to Council at the next ordinary sitting thereof.

4.7 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.

4.8 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 13 of 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 shall develop action minutes of the particular Ward

Committee meeting within 3 working days after it has been held.

(c) The minutes must be forwarded to Ward Councillors for approval and

shall be copied to the Office of the Speaker for record purposes.

(d) A feedback meeting on the action minutes of Ward Committees must

be arranged (if required) by the Office of the Speaker between the

Administration and the relevant Ward Councillor, within 5 working days

after the correctness of the ward committee minutes has been

confirmed.

(e) If required before the next ward committee meeting, another follow up

meeting shall be arranged by the Office of the Speaker with the

administration to provide the ward Councillor with an

update/feedback.