Community Politics 101: Damage, Removal and Mistrust
In South Africa, if someone holds a ward committee seat while not being a resident of the ward, it can have several implications:
Legal Implications
- Contravention of the Local Government: Municipal Structures Act: Section 73 of the Act requires that ward committee members must be residents of the ward. Non-compliance with this provision can render the appointment invalid.
- Illegality of decisions made: Any decisions made by the ward committee with a non-resident member may be deemed invalid or unlawful.
Governance Implications
- Lack of accountability: A non-resident ward committee member may not be accountable to the community they serve, as they do not live in the ward.
- Disconnection from community needs: A non-resident member may not have a deep understanding of the ward’s specific needs and challenges, which can lead to ineffective decision-making.
- Undermining of democratic processes: Allowing a non-resident to hold a ward committee seat can undermine the democratic principles of representation and accountability.
Consequences
- Removal from office: If the non-residency is discovered, the member may be removed from office.
- Reputation damage: The municipality and the ward committee may suffer reputational damage due to the illegality and perceived lack of accountability.
- Community mistrust: The community may lose trust in the ward committee and the municipality, leading to decreased participation and engagement in local governance.
To avoid these implications, municipalities must ensure that ward committee members meet the eligibility criteria, including residency requirements, and that appointments are made in a transparent and accountable manner.
