The quality of local democracies: A study into the functionality of municipal governance arrangements
This study examines the legal framework for municipal governance and analyses whether, in practice, the relationships follow the pattern as intended in the law. More than thirty interviews were conducted with office-bearers, councillors and officials in five municipalities which differed according to size, location and success levels.
Municipal councils exercise both legislative and executive functions. This was intended to facilitate hands-on governance and synergy between elected representatives, the executive and the administration. The proximity was meant to facilitate a more vibrant and responsive municipality that would ultimately result in efficient service delivery. This system, however, demands checks and balances and role definition in order to avoid role confusion, conflict and abuse of power.
Local government legislation establishes various organs within the
municipality and broadly defines the functions of these organs. It also
creates various instruments for accountability and oversight.
Importantly, municipalities themselves must define the precise roles of
their organs in delegations and terms of reference. These role
definitions, terms of reference and instruments of accountability are
intended to produce clear and sound internal municipal governance
arrangements. This, in turn, is meant to define and shape the
relationships within the municipal council and between the council and
the administration. Whatever cannot be solved in strictly institutional
or legal terms needs to be solved through agreed protocols, gentleman’s
agreements and working arrangements.
[excerpt taken from the Executive Summary of the Report]