Types of Committees

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FINANCE CHAIRPERSONS’

FORUM

TYPES OF COMMITTEES

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Types of Committees

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• Mayoral Committee

• Executive Committee

• Committees of Council (“Section 79”)

• Portfolio Committees (“Section 80”)

• Oversight Committee

• Municipal Public Accounts Committee

• Audit Committee

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Mayoral Committee

• Established in terms of Municipal Structures

Act, section 60

• Appointed by, and responsible to, the

Executive Mayor

• Members serve at the pleasure of, and during the term of, the Executive Mayor

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Mayoral Committee cont’d

The Mayoral Committee has only two legislated powers:

• The right to exist

• The right to be consulted

Mayoral Committees are only as effective as the Executive Mayor allows them to be

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Executive Committee

• Established in terms of Municipal Structures

Act, section 43

• Members are elected by, and responsible to, the Municipal Council

• Members serve at the pleasure of the Council

• Meetings are called by the Mayor, and chaired by the Mayor

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Executive Committee cont’d

• EXCO is the principal committee of Council

• Receives reports from other committees, and then forwards those reports, with its recommendations, to Council

• Functions and powers are set out in

Municipal Structures Act, section 44

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Committees of Council

• Established in terms of Municipal Structures

Act, section 79

• Established by, and responsible to, Council

May include members from outside the

Council

• Functions and procedures are determined by

Council

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Committees of Council cont’d

• Council may delegate duties & powers to

Committee

• Council must appoint the chairperson

• Council may dissolve a committee at any time

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Portfolio Committees

• Established in terms of Municipal Structures

Act , section 80

• Committees are established by Council, and members are appointed by Council, but do not report to Council

• Portfolio Committees report to the Executive

Mayor or Executive Committee

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Portfolio Committees cont’d

The Executive Mayor or the Executive

Committee --

• Appoints the chairperson for each committee from among the Mayoral Committee or

Executive Committee

• May delegate powers & duties to the

Committee

• May vary or revoke any decision of the

Committee

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Oversight Committee

• Established in terms of Municipal Finance

Management Act, section 129, and Municipal

Structures Act, section 33 and section 79

• Committee cannot include Executive Mayor or Mayoral Committee members or Executive

Committee members

• Committee can include representatives from the community

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Oversight Committee cont’d

• Oversight Committee has only one task – to review the Annual Report and prepare a draft

Oversight Report for Council

• All meetings of the Oversight Committee must be open to the public

• Representatives from the Auditor-General must be invited to each meeting

• The Municipal Manager must attend each meeting

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Oversight Committee cont’d

• The sole function of the Oversight Committee may be performed by the Municipal Public

Accounts Committee

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Municipal Public Accounts

Committee

• MPAC’s are contemplated by MFMA, section

129

• MPAC’s are established in terms of the

Municipal Structures Act, section 79

• National Treasury may issue guidelines concerning the functioning and composition of the MPAC (MFMA, section 79 (4))

• Guidelines are only binding if adopted by

Council (MFMA, section 79 (5))

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MPAC’s cont’d

• Responsible to Council

• Membership, and Chairperson, are appointed by Council Resolution

• Members should not serve on any other committee

• Eligibility set out in National Treasury

Guideline

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MPAC’s cont’d

• MPAC has only one mandatory responsibility

– to prepare a draft Oversight Report

• Any other responsibilities must be assigned by Council, through the adoption of a Terms of Reference (Charter)

• Council must also approve an annual Work

Programme

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MPAC’s cont’d

“MPAC will undertake and manage similar functions and responsibilities for municipalities, as undertaken by the Standing

Committee on Public Accounts in the national and provincial legislatures”

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Audit Committee

• Established in terms of Municipal Finance

Management Act, section 166

• This is a mandatory committee

• The Terms of Reference, or Charter, must be approved by Council

• The Audit Committee is an independent advisory body

• Appointed by, and responsible to, Council

• Cannot include any Councillors

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Audit Committee cont’d

• Must consist of at least three members

• Chairperson appointed by Council

• May include officials

• Must meet at least four times per year

• Has access to all financial records and other relevant information of the municipality

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Audit Committee Functions

• Advise the Council on a range of issues

• Review the Annual Financial Statements

• Carry out such investigations into the financial affairs of the municipality as requested by Council

• Respond to the Council on any issues raised by the Auditor-General in the audit report

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THANK YOU FOR YOUR ATTENTION

?? Questions ??

Comments

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