The main formal contact persons between councillors and the municipal administration are the executive mayor and the municipal manager. There should also be an informal relationship between each mayoral or executive committee member and the matching head of department within the municipal administration, for example, between the councillor responsible for health and the head of the health department.

There should be clear lines of communication and accountability and separation of roles. A councillor should not interfere in the management or administration of a department, for example by giving direct instructions to municipal employees or interfering with the implementation of a council decision. Officials may not try to unduly influence the council, or provide it with misleading information.

CODE OF CONDUCT FOR MUNICIPAL COUNCILLORS

The Code of Conduct for councillors is outlined in Schedule 1 of the Municipal Systems Act of 2000, and an additional Code inserted in 2002. The code of conduct refers to general conduct, such as performing their functions of office in good faith, honestly and in a transparent matter, at all times acting in the best
interest of the municipality, without compromising the credibility and integrity of the municipality.
Councillors must attend each meeting. Leave of absence is granted within the rules and orders of the council. Councillors may be sanctioned for non-attendance. Councillors should also disclose direct or indirect public or private business interest.

Personal gain – A councillor may not use their position or privilege as a councillor, or use confidential information obtained as a councillor, for their benefit or gain, or to incorrectly benefit another person. They also cannot be a party to, or be a beneficiary under a contract for the provision of goods or services to the municipality, or the performance of any work other than as a councillor for the municipality. They cannot have a financial interest in any business of the municipality, or acquire a fee by appearing on behalf of any other person before the council or a government committee..

A councillor should within 60 days of their appointment or election, declare in writing their financial interests including shares and securities in any company, membership of a close corporation, interest in any trust, directorships, partnerships, pension, interest in property, subsidies, grants and sponsorship by any organisation, gifts above a prescribed amount must be declared. Full-time councillors may not undertake any other paid work.

A councillor may not request, solicit or accept any gift for voting/not voting on any matter; disclose privileged or confidential information; disclose any privileged or confidential information of the council or committee to any unauthorised person.

Other than provided by law, may not interfere in the management or administration of any department of the council unless mandated by council, give or purport to give any instruction to any employee of the council except when authorised to do so, encourage or participate in conduct that would cause or contribute to maladministration within the council.

A councillor may not use, take, acquire or benefit from any property or asset owned, controlled or managed by the municipality to which that councillor has no right.

A councillor may not be in arrears to the Municipality for rates and service charges for a period longer than 3 months.

Councillors are barred from doing business with the state.

REPORTING CORRUPTION IN MUNICIPALITIES

Corruption is the abuse of a position in government and/or resources for personal gain. Corruption makes government weak, reduces transparency and accountability and removes trust in government and private institutions. For example, when public funds that could have been spent to meet essential basic services such as water and sanitation, education and health care or developmental needs such as poverty alleviation, are either misused, misappropriated, or stolen. Corruption affects everyone negatively but mostly the poor and vulnerable.

All government bodies are required to give employees a copy of guidelines which explain procedures for receiving and dealing with information about corrupt behaviour.

Municipalities should have a whistleblowing policy or established channels for reporting corruption. Check the municipality’s official website or contact their office. There might be dedicated phone lines, email addresses, or web portals for people wanting to report corruption.

The Protected Disclosures Act (No 26 of 2000) (Whistleblowers Act) Regulations provide that a whistleblower can make a protected disclosure to:
• The Public Protector which investigates complaints from the public against government bodies or officials
• The South African Human Rights Commission
• The Commission for Gender Equality
• The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
• The Public Service Commission
• The Auditor General

A protected disclosure can be made to a Chairperson of a Municipal Council, or Minister or Member of the Executive Council (MEC) of a province.

These are other options for reporting corruption:

• Contact the authorities:
  • South African Local Government Association (SALGA): As an association representing the interests of municipalities, SALGA can be approached for advice or to report corruption.
  • South African Police Service (SAPS): If you believe a crime has been committed, you can report it to your nearest police station. You can also report any crime anonymously to the SAPS toll-free hotline, Crime Stop: 0860010111.

• National Anti-Corruption Hotline (NACH): Managed by the Public Service Commission. You can report corruption to:
  • The toll-free number: 0800 701 701, or
  • Email them at publicservicecorruptionhotline.org.za; integrity@publicservicecorruptionhotline.org.za, or
  • SMS: 39772.

• Corruption Watch: This is an NGO that gathers and reports on corruption complaints from the public. You can use their online platform to submit a report on corruption. Go to www.corruptionwatch.org.za and click on ‘Report’.

Protecting whistleblowers

A whistleblower is a person who discloses information about wrongdoing in the workplace and reasonably believes that there is evidence of gross mismanagement or activity that is illegal, criminal, unethical, corrupt or it violates the law.

South Africa has laws to protect whistleblowers under the Labour Relations Act, the Company’s Act, the Protection Against Harassment Act (No 17 of 2008) and the Protected Disclosures Act (PDA) (No 26 of 2000) (Whistleblowers Act).

The Whistleblowers Act is the main law used to protect whistleblowers. It protects people who blow the whistle on corrupt activities at work. The Act says that every employer and employee has a responsibility to disclose criminal and any other irregular conduct in the workplace. Employers have a responsibility to make sure that an employee who discloses information is protected from any negative consequences to their work, such as:
• Disciplinary action
• Dismissal, suspension, demotion, harassment, or intimidation
• Transfer against an employee’s will
• Refusal of transfer or promotion
• Changing a term or condition of employment or retirement which impacts negatively on the employee

The PDA provides that an employee may not suffer any negative consequences from their employer if they report conduct so long as it is made:
• in good faith which means the whistleblower believes it is true
• according to a correct procedure
• not for personal gain
• without committing a criminal offence
• to the right authority

Contact a lawyer or Legal Aid if you think you need legal advice or protection as a whistleblower.