An analysis of oversight mechanisms to promote good governance : the case of Ekurhuleni Metropolitan Municipality

Abstract

This study examines oversight and accountability in relation to good governance in Ekurhuleni Metropolitan Municipality. It also explores the implementation of the separation of powers governance model since its inception in August 2011. The study accentuated the significance of legislative mechanisms to foster greater oversight and separation of powers within the municipality’s governance structures. It demonstrates that the relevance of the available mechanisms in current legislation can lead to the practical separation of executive and legislative powers as well as sound oversight within the municipality. The study acknowledges the conflation of executive and legislative functions in the municipal council as stipulated in the Constitution of the Republic of South Africa, 1996 section 151(2) that resulted in a lack of clarity of the roles of office bearers causing an oversight deficit. The literature review acknowledged that the concept of good governance is conducted through a policy approach that highlights the roles of the political, organisational and economic standards of lawfulness and efficacy in the daily operations of the public sector. The study illustrates the significance of the section 79 committees as an oversight mechanism established in respect of Section 43 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) of the municipal council in relation to the separation of powers governance model. The study applied qualitative research methods, which included open-ended questionnaires and secondary sources to comprehend the separation of powers governance model in local government. Triangulation of data was fundamental to ensure that the case study provided the correct interpretation of the participants’ perceptions. The case study concludes with recommendations as informed by the research to improve the functionality of the separation of powers governance model in the Ekurhuleni Metropolitan Municipality. The commendations could assist policy makers to institute municipal systems of governance separating the executive functions from the legislative functions to create meaningful oversight to stimulate good governance. The implementation of separation of powers governance model provides an opportunity within local government to contribute towards the attainment of good governance. Ultimately, this study contributes to the knowledge and modernisation in local government within metropolitan municipalities in South Africa.