Part 1: Basic principles

50. Basic values and principles governing local public administration

  1. Local public administration is governed by the democratic values and principles embodied in section 195 (1) of the Constitution.
  2. In administering its affairs, a municipality must strive to achieve the objects of local government set out in section 152 (1) of the Constitution, and comply with the duties set out in sections 4 (2) and 6.

51. Organisation of administration

A municipality must within its administrative and financial capacity establish and organise its administration in a manner that would enable the municipality to-

  1. be responsive to the needs of the local community;
  2. facilitate a culture of public service and accountability amongst its staff;
  3. be performance orientated and focused on the objects of local government set out in section 152 of the Constitution and its developmental duties as required by section 153 of the Constitution;
  4. ensure that its political structures, political office bearers and managers and other staff members align their roles and responsibilities with the priorities and objectives set out in the municipality’s integrated development plan;
  5. establish clear relationships, and facilitate co-operation, co-ordination and communication, between-
    1. its political structures and political office bearers and its administration;
    2. its political structures, political office bearers and administration and the local community;
  6. organise its political structures, political office bearers and administration in a flexible way in order to respond to changing priorities and circumstances;
  7. perform its functions-
    1. through operationally effective and appropriate administrative units and mechanisms. including departments and other functional or business units; and
    2. when necessary, on a decentralised basis;
  8. assign clear responsibilities for the management and co-ordination of these administrative units and mechanisms;
  9. hold the municipal manager accountable for the overall performance of the administration;
  10. maximise efficiency of communication and decision-making within the administration;
  11. delegate responsibility to the most effective level within the administration;
  12. involve staff in management decisions as far as is practicable; and
  13. provide an equitable, fair, open and non-discriminatory working environment.

52. Inconsistency with applicable labour legislation

In the event of any inconsistency between a provision of this Chapter, including the Code of Conduct referred to in section 69, or a regulation made for the purposes of this Chapter, and any applicable Iabour legislation, the labour legislation prevails.