Municipalities in crisis: can South Africa fix the status of its municipalities

Municipalities in crisis: can South Africa fix the status of its municipalities
Podcast
Municipalities in crisis: can South Africa fix the status of its municipalities
Podcast
Charles explained that the roles and responsibilities of municipal officials are outlined in several key pieces of legislation, which collectively define their mandate. A useful starting point, Charles noted, is Section 195 of the Constitution, which sets out the basic values and principles governing public administration. While these principles apply across all spheres of government, they are particularly relevant in the municipal context.
Charles further highlighted the Municipal Finance Management Act (MFMA) as a critical piece of national legislation that not only reinforces these constitutional principles but also expands on the powers and duties of municipal officials. "The MFMA essentially provides the framework for what the mandate is and outlines the consequences of failing to meet that mandate," Charles said.
As an example, Charles pointed to Section 32 of the MFMA, which holds municipal officials personally liable for unauthorised expenditure, meaning any funds spent without proper legal authority or outside the scope of approved legislation. While municipal officials are protected from liability to third parties, Charles noted that municipalities retain the right to recover losses or damages arising from negligence.
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