Office of the Speaker The Speaker as the Chairperson of the Municipal Council is responsible for ensuring that discussions and debates within the Council are conducted in a fair and impartial manner. This is done by ensuring that the Rules and Orders Policy of the Municipality is properly applied during the proceedings of Council.
Besides chairing the municipal council, the Speaker enforces the councillors’ code of conduct.
Section 37 of the Municipal Structures Act of 1998 states that the Speaker is responsible for:
presiding over and maintaining order in council meetings;
ensuring that the council meets at least quarterly;
ensuring that the meetings are in accordance with the rules;
ensuring compliance with the Code of Conduct for Councillors; and
This is a final decision-making body of the Municipality on issues pertaining to the affairs of the local community. Council holds executive and legislative power of the Municipality. The Council is established in terms of Section 18 of the Municipal Structures Act 117 of 1998. All Councillors of the Municipality serve on Council.
Executive Committee
This is a Principal Committee of the Municipal Council established in terms of Section 42 of the Municipal Structures Act 117 of 1998. The Committee guides Council to make decision on Municipal functions and programmes as well as the management of administration.
Committees Established in terms of Section 79 of the Municipal Structures Act 117 of 1998
These are Committees established by the Municipal Council to perform any of its functions or exercise any of its powers.
Speaker's Committee
Assist the Speaker to perform statutory duties including managing the conduct of Councillors and the conduct of Council meetings. Responsible for managing Councillor welfare.
AIDS Committee
Advises the Executive Committee and Council on the incidence of persons infected and affected by HIV and AIDS within the Municipal area and strategies for a comprehensive Municipal response to HIV and AIDS and related matters. A mandate is drawn from the South African National Aids Council.
Municipal Public Accounts
Assists Council to hold the administration, municipal agencies and entities accountable for their management of municipal funds and assets in order to ensure the efficient and effective utilisation of Council resources.
Committees Established in terms of Section 80 of the Municipal Structures Act 117 of 1998
These are Committees established to assist the Executive Committee. The approach within the eThekwini Municipality is that these Committees align with the Clusters established by the Municipality to oversee the functioning of the respective Clusters.
Community Services Committee
Considers and makes recommendations to the Executive Committee and Council on all matters pertaining to Community Services, Health and Social Services.
Human Settlements & Infrastructure Committee
Considers and makes recommendations to the Executive Committee and Council on all matters pertaining to electricity, engineering, human settlements, transport, waste management and water & sanitation.
Security and Emergency Services
Considers and makes recommendations to the Executive Committee and Council on all matters pertaining to Emergency Services, Safety and Security.
Governance and Human Resources Committee
Responsible for corporate administration; promotion of interface between the Municipality and local communities, national and international stakeholders; and human resources matters including skills development.
Economic Development & Planning Committee
Deals with promotion of local economic development and investment opportunities in the eThekwini Municipal area. Provides conducive environment to promote entrepreneurship and also oversees regulations pertaining to land use management.
Town Planning Appeals Committee
This is a sub-Committee of the Economic Development and Planning Support Committee focusing on land use management in terms of subdivision of land; land rezoning; and amendments to Town Planning Regulations.
EThekwini Municipality Informal Economy Forum
This Committee was established after the adoption of the eThekwini Municipality Informal Economy Policy in February 2001. This Committee serves as a negotiation forum where all organisations are given the opportunity to gain recognition as bona fide representatives, subject to a set criterion.
Climate Change Committee
The Committee is responsible for considering and reporting to the Executive Committee on the City’s efforts to address climate change and the progress made in respect of the implementation of the Durban Climate Change Strategy which addresses both climate adaptation and mitigation.
Statutory Committees
These are Committees established to perform specific functions in compliance with the provisions of legislation.
Civilian Oversight Committee
Performs the function of civilian supervision of the Municipal Police Service as per the requirement in terms of the South African Police Act.
Executive Committee Appeals
This Committee was established as per Section 51 of the Spatial Planning and Land Use Management Act. The Committee serves as an appeal authority where persons whose rights are affected by a decision taken by the Municipal Planning Tribunal may appeal against that decision.
Appeals Committee
The establishment of this Committee is a requirement in terms of Section 62(4) (c)(ii) of the Municipal Systems Act. The Committee is responsible to hear appeals against decision taken by a political structure or a political office bearer delegated authority over a particular matter.
Ethics Committee
The Committee was established by Council to ensure compliance with the Code of Conduct as set out in Schedule 1 of the Municipal Systems Act 32 of 2000.
Ward Committees
A legislated structure promoting participatory governance for the local community to be involved in the affairs of the Municipality by contributing input and comments on programmes; plans; budget; as well as the performance of the Municipality.
Local Labour Forums
These committees are established as required by Section 11.8 the SALBGC Main Collective Agreement which guides their establishment and composition. The Local Labour Forums have the powers and functions to negotiate matters of mutual concern pertaining to the workplace.
The SALGBC Main Collective Agreement sets out how LLFs are to function optimally. For this to be achieved, there must be co-operation between the employer and Labour. Councillors are members of the Employer delegation during negotiations with Union Representatives to ensure that Labour matters do not have an impact on Service Delivery
Treasury and Office of the City Manager
Economic Development and Planning
Human Settlements and Infrastructure
Community and Emergency Services
Governance and Corporate HR
Administrative Committees
Committees established to ensure clean and accountable administration in the functioning of the Municipality and in terms of contract management.
Audit Committee
Advises Council, political office bearers, the City Manager and Management on matters relating to internal financial control and financial audits; accounting policies; the adequacy, reliability and accuracy of financial reporting and information; performance management; effective governance; enterprise risk management; compliance with the Municipal Finance Management Act, the Annual Division of Revenue Act and any other applicable legislation; and performance evaluation.
Bid Specification Committee
Compiles specifications for each public invitation for competitive bids, and where authority has been sought to invite bids, by the Municipality.
Bid Evaluation Committee
Evaluates bids in accordance with the specifications for a specific procurement; and the points system set out in terms of paragraph 27(2)(f) of the SCM Policy and as prescribed by the Preferential Procurement Policy Framework Act.
Bid Adjudication Committee
Considers reports and recommendations of the Bid Evaluation Committee; and either makes a final award or a recommendation to the Accounting Officer to make the final award; or makes another recommendation to the Accounting Officer on how to proceed with the relevant procurement.
Municipal Planning Tribunal
The Committee was established as per the requirements of Section 35 (1) of the Spatial Planning and Land Use Management Act. The Committee determines land use and development applications within the eThekwini Municipal area.
The Constitution of the Republic of South Africa provides that public administration must be governed by democratic values and principles, including the promotion and maintenance of a high standard of professional ethics. This provision applies to all levels of government, including municipalities. It was in this spirit that the eThekwini Council resolved to establish the City Integrity and Investigations.
The function of the City Integrity and Investigations are:
To promote respect for human rights and to cultivate a culture of human rights within the eThekwini Municipal area;
To investigate any conduct, in the affairs of eThekwini Municipality, that is alleged to be improper or to result in any impropriety or prejudice, including maladministration, corruption, abuse of power, undue delay and unfair discrimination.
The City Integrity and Investigations has power to
The Enterprise Risk Management department, is part of the Ethekwini Municipality Audit & Risk Advisory Services unit, and has the responsibility of assisting Council and City Manager to undertake risk assessment of the Business of Council, establish and maintain an environment that fosters business ethics, risk management, business continuity management, control and governance.
Its mandate is to:
Mobilise integrated risk assurance to strengthen administrative governance in pursuit of efficient, effective service delivery with economy of scales to realise Batho Pele principles.
To develop, co-ordinate, implement and monitor the Enterprise Risk Management and Business Continuity (BCM) systems and Project Risk Management programs within the municipality
The department’s aim is to:
Provide enterprise wide risk assurance that the control environment within areas reviewed is adequate to manage the related risks within acceptable limits and at reasonable cost;
Provide expertise and advice regarding improvement of the existing risk levels, controls, processes and/or outputs, either by recommendations in reports, or through direct facilitation in a consulting capacity;
Provide update on emerging risk issues and topical regulatory requirements and actions required to management and the audit committee;
Provide expertise and advice to ensure services that are critical to our objectives continue despite the occurrence of a potentially disruptive event;
Provide advice to stabilise the effects of a disruptive event and return to normal operations and a full recovery as quickly as possible;
Provide expertise and advice to capitalise on opportunities created by the disruptive event.
Legal Services
The eThekwini Municipality approves and declines deals, builds up partnerships with institutions and makes many decisions where they, as well as the residents of eThekwini are directly affected.
To do this properly, there needs to be a legal team that guides the process so that everything is above board and within the arms of the law. This is where Legal Services Unit comes in.
Through its supportive and advisory role, the Legal Services Unit will strengthen the capacity of the Municipality to fulfill its Constitutional and other legislative mandates. This is done by providing legal advice, settling documents, support to committees and Council as well as supporting the Speaker on the discipline of Councillors.
Contact Legal and Compliance Services
Head, Malusi Mhlongo
Legal Support: Deputy Head, Mthandeni Mthiyane
Litigation: Deputy Head, Malusi Mhlongo
Municipal Courts: Nonhlanha Dladla
Legislative Drafting: Muhammed Oomar
Employment Relations: Mbali Ngcobo
Language Services: Vusi Mshlengu
Admin Support: Bernadine Beugger
Tel: 031-311 3196
18th Floor, Embassy Building
199 Anton Lembede Street
Durban, 4001
Performance Monitoring and Evaluation
Performance Monitoring and Evaluation is a strategic approach to management, which equips leaders, managers, employees and stakeholders at various levels with a set of tools and techniques to regularly plan, continuously monitor, periodically measure and review performance of the organisation in terms of indicators and targets for efficiency, effectiveness and impact.
Mission
EThekwini Performance Monitoring & Evaluation is dedicated to continuous enhancement of service delivery and stakeholder satisfaction through efficient and effective monitoring and evaluation of municipal performance.
Vision
By 2030 PME will be a centre of excellence in monitoring and evaluation within the local government sphere, by ensuring performance accountability and promoting transparency within eThekwini Municipality.
Research and Policy Advocacy (RAPA)
The Research and Policy Advocacy Department is in the Office of Strategy Management within the Office of the City Manager.
Vision
To develop innovative research and policy foundation for the city to enhance evidence-based decision-making with the view to support eThekwini’s vision of becoming Africa’s most caring and liveable city by 2030
The functions of the Research and Policy Advocacy Department are:
Research
Undertake multi-sectoral research;
Undertake primary quantitaltive, qualitative and spatial research;
Conduct secondary research; and
Provide technical research assistance and support to Units of the Municipality as required.
Policy
Liaise with various Units and line Departments on policy formulation;
Provide policy technical advice to the Municipal departments;
Promote and facilitate policy writing in the Municipality;
Support the strategic development of eThekwini policy competence.
Advocacy
Organise Seminars;
Prepare Research and Policy Briefs;
Representation at various internal municipal committees and symposiums.
Enterprise Risk Management’s role in making eThekwini the most livable and Caring City by 2030
EThekwini Municipality adopted Enterprise Risk Management (ERM) to form an integral part of its strategic management with a view to increase the prospects of successful achievement of objectives in the municipality through minimizing negative outcomes and optimizing opportunities.
ERM is a dynamic, structured, systematic and integrated process whereby key risks are assessed within and across all levels (i.e Organizational /Cluster/Unit/Department) in the Municipality and appropriate action plans introduced or improved.
Enterprise Risk Management is the responsibility of every employee in the Municipality. Enterprise Risk Management services ensures proper risk assessment by establishing sustainable relationships with management to enforce clear articulation of business objectives and directing more focused management information to better appreciate trade-offs between risk and reward.
Main objectives of eThekwini Enterprise Risk Management
To develop and implement the Enterprise Risk Management (ERM) systems and tools (infrastructure) to ensure that the municipality is at the forefront of risk management best practice and technological development at all times.
To assess the risks that might impact service delivery and other Council objectives as a continuous process in order to ensure appropriate decisions are taken timeously to mitigate those risks and seize opportunities.
To monitor, communicate and report adherence to enterprise risk policy and framework approved by Council to appropriate stakeholders at agreed time intervals to ensure adequate awareness and response to risks.
To develop and implement Business Continuity Management system and tools (infrastructure) to ensure continuity of critical business processes in the event of interruption.
EThekwini Municipality is served by elected Councillors who facilitate the provision of service delivery to make people's lives better.
The Council comprises an elected Mayor, Councillors, executive committee and several implementation committees. The eThekwini Mayor is Councillor Mxolisi Thomas Kaunda.
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