Here are some interesting facts to keep in mind when reading about the antics of the mayor and his merry band of councillors.
The Local Government Municipal Systems Act, specifically section 52, prohibits mayors and other councilors from interfering in the administrative responsibilities assigned to the municipal manager or chief financial officer.
This act aims to ensure the separation of powers between the political and administrative functions within municipalities.
The Act also outlines that a municipal councillor may not interfere in the administration or give instructions to any municipal employee unless mandated to do so.
Here is a more detailed breakdown:
The Municipal Systems Act (MSA)
This Act establishes the framework for municipal governance, including the roles and responsibilities of various actors, such as the mayor, councilors, and municipal officials.
Separation of powers
The MSA aims to prevent political interference in the day-to-day operations of the municipal administration.
This means that the mayor and other political officials cannot directly instruct or interfere with the work of the municipal manager, chief financial officer, or other administrative staff.
Accountability
The Act also establishes clear lines of accountability, with the municipal manager being held responsible for the overall performance of the administration.
Code of conduct for councillors
The code of conduct, which is often linked to the MSA, further reinforces the prohibition of inappropriate interference in the administration by councilors, unless they have been given a specific mandate by the council.
Examples of Interference
Interference could include a mayor trying to influence hiring decisions, dictate financial spending without proper authority, or attempt to override the decisions of the municipal manager or chief financial officer.
■ Dan Mana is Samwu Lejweleputswa full-time shop steward.
