The Mayor, the Speaker and the Chief Whip known as TROIKA of Council has Powers and Functions vested in the Municipality. This is reflected in the following legislative requirements:
• The Constitution of the Republic of South Africa, Act 108 of 1996.
• Local Government Systems, Act 32 of 2000.
• The Municipal Structures, Act 117 of 1998.
• Municipal Finance Management, Act 56 of 2003.
• SALGA’s Guideline Document on the Roles and Responsibilities of Councillors, Political Structures and Officials, March 2011.
• SALGA’s Discussion Paper: Separation of Functions: A Differentiated Model of Accountability and Oversight
The Constitution of the Republic of South Africa creates local sphere of government as a distinctive sphere of government vested with the authority to govern its own affairs, subject to National and Provincial legislation permitted by the Constitution.
Local sphere of government is more complex than the National and Provincial spheres. The constitution does not separate legislative and executive roles at the local government sphere.The municipal Council, according to section 151 (2), is bestowed with both legislative and executive authority.
The Constitutional Court once referred to the local government sphere as “a hybrid one”.