Public Participation - Legislative Framework
The Constitution of the Republic of South Africa, Act No. 108 of 1996, provides for municipalities to encourage the involvement of communities and community organizations in matters of local government to ensure a democratic and accountable government
White Paper on Local Government, 1998 describes participation by citizens in 4 levels, viz. voters, citizens, consumers, & organised partners
Local Government: Municipal Structures, Act, No. 117 of 1998 (as amended) Section 7 (e) provides for the enhancement of participatory democracy through the establishment of ward committees in Category A municipalities with sub-councils or ward participatory system, or a Category B municipalities with a ward participatory system
Local Government: Municipal Systems Act, No. 32 of 2000 (as amended) Section 16 (1)(a) provides for municipalities to develop a culture of municipal governance that complements formal representative government with a system of participatory governance
National Framework: Criteria for Determining Out of Pocket Expenses for Ward Committee Members, 2009; provides for the performance indicators for ward committee functionality. This includes the functionality indicator in respect of number of community feedback/report back meetings convened by ward committee
Guidelines for the Establishment and Operation of Municipal Ward Committees, 2005: provides uniform and simplified guidelines to ward committee members, ward councillors and metropolitan and local municipalities on the establishment and operation of ward committees
Regulations on the term of office of ward committees, 2009, provides for the alignment of term of office of ward committees with municipal councils
Local Government: Municipal Demarcation Act, No. 27 of 1998, Schedule 1 (section 26) provides for the public notification of determination of municipal boundaries; (section 28) provides for public meetings
Promotion of Access to Information Act, No. 2 of 2000 promotes a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information
Promotion of Administrative Justice Act, No. 3 of 2000 gives effect to the right to administrative action that is lawful, reasonable, and procedurally fair
Government Municipal Finance Management Act, No.56 of 2003 encourages the participation of communities in the finances of the municipalities, including the development of municipal budgets
Local Government Municipal Property Rates Act, No. 6 of 2004 provides for community participation in the property registration process, property valuation rolls as well as public consultation with regards to the adoption of rates
National Development Plan, 2011 validates the importance of public participation in fostering development and good governance. Vision 2030 envisages a state that is developmental, accountable, focused on citizen’s priorities and capable of delivering high-quality services consistently and sustainably through cooperative governance
Batho Pele Principles, 1998 were developed as an initiative to ensure that public office bearers become service orientated, strive for excellence in service delivery and commit to continuous service delivery improvement