An assessment of the role of ward committees in public participation with reference to the Kouga local municipality

The Republic of South Africa became a democratic country in 1994 after the historic democratic elections. This year also marks the year when South Africa’s first democratic parliament was convened. The Constitution of the Republic of South Africa Act (no. 108 of 1996) was enacted in 1996. This Constitution provides for the creation of the three spheres of government, namely, the national level, which deals with matters of national importance, the provincial level, which deals with matters of provincial importance, and the local level which deals with matters of local importance. Section 152(1) (e) of the above-mentioned Constitution stipulates that the object of local government, amongst others, is to ensure the involvement of communities and community organizations in the matters of local governance. Section 73 of the Municipal Structures Act (no.117 of 1998) also requires municipalities to establish ward committees in a manner that seeks to enhance participatory democracy at the local level. Municipalities are established in terms of Section 12 of the Municipal Structures Act (no. 117 of 1998), wherein Members of Executive Councils (MEC’s) may, by notice in the Provincial Gazette, establish a municipality in each municipal area which the Demarcation Board demarcates in the province in terms of the Municipal Demarcation Act (no. 27 of 1998). Sections 7 and 8 of the Municipal Structures Act (no. 117 of 1998) further stipulate the categories of municipalities as A, B and C. Category A is a metropolitan municipality with wards and ward committees. B is a local municipality characterized by the existence of wards and ward committees to enhance public participation. C is a district municipality, whose responsibility is to support local municipalities within its area of jurisdiction so that they are self sufficient and can manage their own affairs. This study focuses on the Kouga Local Municipality, which is a Category B Municipality as promulgated by the then MEC for Housing, Local Government and Traditional Affairs, Honourable MEC S. Kwelita in the Provincial Gazette (Gazette No. 1537) dated 23 May 2006. The scenario above indicates that in the Kouga Local Municipality, ward committees are supposed to play a critical role in public participation. The study seeks to assess their role and to establish whether or not the ward committee system is effective in this regard. It is common knowledge that, whilst various pieces of legislation are clear in terms of what the role of ward committees should be, the question remains whether there is any adherence in municipalities to ensure that they fulfill their role in public participation, and hence the stud