How to hold ward councillors accountable in South Africa

Ward councillors form the cornerstone of local governance in South Africa, serving as elected representatives who bridge communities and municipal councils. However, these elected representatives do not always carry out what is expected of them, leaving residents at their wits’ end.

As local government elections shape the landscape of municipal leadership, a clear understanding of ward councillors’ responsibilities, the mechanisms ensuring their accountability, and the avenues available to communities when councillors underperform is vital for robust governance.

With communities increasingly demanding transparency and responsiveness, Newcastillian News looks at the legislated duties of ward councillors, the frameworks safeguarding their accountability, and the practical steps residents can pursue to address non-performance, all firmly rooted in official South African legislation and guidelines.

Responsibilities of Ward Councillors in South Africa

Ward councillors are elected to represent designated geographic wards within a municipality, championing constituents’ interests and ensuring local priorities are embedded in municipal governance. Their duties encompass representation, community engagement, oversight, reporting, and ethical conduct, as prescribed by South African legislation.

• Representation and Advocacy:
  Ward councillors advocate for their ward’s interests within the municipal council, ensuring that community priorities, such as service delivery and infrastructure development, are seamlessly integrated into municipal planning processes like the Integrated Development Plan (IDP). They strive for equitable resource allocation to address local needs effectively.
  Source: Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), Section 73; Department of Cooperative Governance and Traditional Affairs (CoGTA): Ward Committee Resource Book, 2005.
• Public Participation and Engagement:
  Ward councillors orchestrate regular public meetings, including ward committee sessions and community forums, to consult residents, gather insights, and address local concerns. They chair ward committees, comprising up to ten volunteer members from diverse community sectors, to bolster participatory governance.
  Source: Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), Chapter 4; CoGTA: Guidelines for the Establishment and Operation of Municipal Ward Committees, 2005.
• Monitoring and Oversight:
  Ward councillors scrutinise the implementation of municipal projects and services to ensure equitable, efficient, and sustainable delivery. While they oversee municipal performance, they are not empowered to issue direct instructions to municipal officials, preserving the distinction between governance and administration.
  Source: Municipal Systems Act, 2000, Section 79; South African Local Government Association (SALGA): Councillor Induction Programme, 2021.
• Accountability and Reporting:
  Ward councillors are mandated to report to their constituents at least quarterly on council activities, including municipal performance against established indicators. They assist communities in drafting petitions, lodging complaints, or organising lawful protests to tackle service delivery challenges.
  Source: CoGTA: Ward Committee Resource Book, 2005; Municipal Systems Act, 2000, Section 17.
• Ethical Conduct:
  Ward councillors must adhere to the Code of Conduct for Councillors, acting with transparency, integrity, and in the municipality’s best interests. They are obliged to disclose any personal or financial interests in council matters and recuse themselves from related discussions to prevent conflicts of interest.
  Source: Municipal Structures Act, 1998, Schedule 7 (Code of Conduct for Councillors).

Accountability Mechanisms for Ward Councillors

South Africa employs a comprehensive framework of electoral, legislative, municipal, and community-based mechanisms to ensure ward councillors fulfil their mandates. These measures foster transparency and responsiveness in local governance.

• Elections:
  Ward councillors are elected every five years through a “first-past-the-post” system, where the candidate with the most votes prevails. Communities can hold councillors accountable by voting out underperforming individuals in subsequent local government elections.
  Source: Electoral Commission of South Africa (IEC): Local Government Elections Handbook, 2021.
• Code of Conduct Enforcement:
  The Code of Conduct for Councillors establishes ethical and performance standards. Breaches, such as non-attendance at meetings or misuse of authority, may result in sanctions, including fines or removal. Persistent absence from three or more consecutive council or committee meetings can lead to a councillor’s removal, subject to council procedures.
  Source: Municipal Structures Act, 1998, Schedule 7, Section 14.
• Municipal Oversight:
  The municipal council vigilantly oversees councillors’ performance by monitoring attendance, participation in council decisions, and adherence to municipal policies. The council can initiate disciplinary proceedings for Code of Conduct violations, ensuring fairness through procedures aligned with natural justice principles.
  According to: Municipal Structures Act, 1998, Section 79; SALGA: Councillor Induction Programme, 2021.
• Ward Committees and Public Participation:
  Ward committees, as advisory bodies, hold councillors accountable by raising community concerns and providing local insights. Councillors are required to facilitate regular public meetings and report-backs to maintain transparency and responsiveness to their constituents.
  Source: CoGTA: Guidelines for the Establishment and Operation of Municipal Ward Committees, 2005; Municipal Systems Act, 2000, Section 17.
• Audits and Performance Monitoring:
  The Auditor-General of South Africa (AGSA) conducts annual audits of municipal performance, indirectly assessing councillors’ oversight roles through municipal outcomes. Councillors must report on municipal performance indicators, ensuring transparency in service delivery and project execution.
  Source: Auditor-General of South Africa (AGSA): Consolidated General Report on Local Government Audit Outcomes, 2022-23.
• Oversight by Provincial and National Bodies:
  The provincial Department of Cooperative Governance or the MEC for Local Government can intervene in cases of persistent councillor or municipal underperformance. The Public Protector investigates allegations of maladministration or misconduct upon receipt of community complaints.
  According to: CoGTA: Framework for the Establishment of Ward Committees, 2005; Public Protector Act, 1994 (Act No. 23 of 1994).

Steps to Take if a Ward Councillor is Not Performing

When a ward councillor fails to fulfil their duties, communities can pursue structured steps to address the issue, leveraging official processes to enforce accountability. These measures empower residents to demand effective representation. According to the Auditor-General’s 2022-23 report, 66% of municipalities faced challenges with councillor oversight, highlighting the urgency of community action to address non-performance.

• Direct Engagement with the Councillor:
  Communities should engage directly with the ward councillor to discuss concerns, request meetings, or seek updates on service delivery issues. Contact details are accessible through the Electoral Commission of South Africa (IEC) or municipal offices. Attending ward committee meetings or public forums offers opportunities to raise issues directly.
  Source: CoGTA: Ward Committee Resource Book, 2005; IEC: Local Government Elections Handbook, 2021.
• Lodge a Formal Complaint:
  Communities can submit a written complaint to the municipal manager or speaker of the council, detailing the councillor’s non-performance, such as failure to engage or address service delivery issues. For ethical breaches, such as conflicts of interest, complaints should be reported to the municipal council for investigation under the Code of Conduct.
  Source: Municipal Structures Act, 1998, Schedule 7; Municipal Systems Act, 2000, Section 17.
• Escalate to Oversight Authorities:
  If issues persist, communities can file a complaint with the Public Protector to investigate allegations of maladministration or misconduct. Alternatively, they can contact the provincial Department of Cooperative Governance or the MEC for Local Government to request intervention in cases of ongoing non-performance.
  Source: Public Protector Act, 1994; CoGTA: Framework for the Establishment of Ward Committees, 2005.
• Organise Community Action:
  Communities can collaborate with ward committees or local organisations to draft petitions or memoranda outlining demands, which the councillor is obligated to assist with and forward to relevant municipal officials. Lawful protests or marches, supported by the councillor to secure authorisation, can highlight service delivery failures. For example, in 2023, residents of a KwaZulu-Natal ward successfully petitioned their municipal council for water infrastructure repairs after organising a community forum and escalating their concerns through a formal complaint, demonstrating the power of collective action.
  Source: Municipal Systems Act, 2000, Section 17; CoGTA: Ward Committee Resource Book, 2005.
• Advocate for Disciplinary Action:
  Communities can request the municipal council to investigate Code of Conduct violations, which may lead to fines or removal for repeated absences or misconduct.
  Source: Municipal Structures Act, 1998, Schedule 7, Section 14.
• Electoral Recourse:
  Communities can utilise local government elections, held every five years, to replace an underperforming councillor by voting for a new candidate. This democratic process ensures long-term accountability.
  Source: IEC: Local Government Elections Handbook, 2021.

As South Africa’s local governance relies on ward councillors to champion community needs, their role remains vital in fostering transparent and responsive municipalities. By adhering to their legislated duties and embracing accountability, councillors can drive meaningful change, while empowered communities hold the key to ensuring effective representation through active engagement and democratic processes. Residents, equipped with these tools and united in purpose, can transform local governance by demanding excellence and driving progress in their wards.

What are your thoughts on the above? Share your views in the comment section below.