Background

Following the local government elections nationwide on 5 December 2000 - the first fully democratic election of its kind in South Africa - the number of municipalities in the Free State Province was consolidated from 99 to 25, including five district municipalities covering the five main regions according to which the Province is being managed. One of these five regions is the Motheo Region covering the central part of the province, with Bloemfontein as focal point. Hence the establishment of the Motheo District Council in 2001.

The establishment, status, objects and developmental duties of Motheo District Municipality are in principle vested as follows in the Constitution of the Republic of South Africa, Act 108 of 1996:

"Status of municipalities


  • The local sphere of government consists of municipalities, which must be established for the whole of the territory of the Republic.
  • The executive and legislative authority of a municipality is vested in its Municipal Council.
  • A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as provided for in the Constitution.
  • The national or a provincial government may not compromise or impede a municipality's ability or right to exercise its powers or perform its functions.

Objects of local government

  • The objects of local government are -
    • to provide democratic and accountable government for local communities;
    • to ensure the provision of services to communities in a sustainable manner;
    • to promote social and economic development
    • to promote a safe and healthy environment; and
    • to encourage the involvement of communities and community organizations in the matters of local government.
  • A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1).

Developmental duties of municipalities

A municipality must -

  • structure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and
  • participate in national and provincial development programmes

Establishment of municipalities

There are the following categories of municipality:

  • Category A: A municipality that has exclusive municipal executive and legislative authority in its area.
  • Category B: A municipality that shares municipal executive and legislative authority in its area with a category C municipality within whose area it falls.
  • Category C: A municipality that has municipal executive and legislative authority in an area that includes more than one municipality."

In terms of this, Motheo is a Category C District Municipality.
The functions and duties of Motheo as a District Municipality is set out in more detail as follows in Section 84 (1) of the Local Government Structures Act, 1998:

"A district municipality has the following functions and powers-

  • Integrated development planning for the district municipality as a whole, including a framework for integrated development plans of all municipalities in the area of the district municipality.
  • Potable water supply systems.
  • Bulk supply of electricity, which includes for the purposes of such supply, the transmission, distribution and, where applicable, the generation of electricity.
  • Domestic wastewater and sewage disposal systems.
  • Solid waste disposal sites, in so far as it relates to-
    • the determination of a waste disposal strategy;
    • the regulation of waste disposal;
    • the establishment, operation and control of waste disposal sites, bulk waste transfer facilities and waste disposal facilities for more than one local municipality in the district.
  • Municipal roads which form an integral part of a road transport system for the area of the district municipality as a whole.
  • Regulation of passenger transport services.
  • Municipal airports serving the area of the district municipality as a whole.
  • Municipal health services.
  • Fire fighting services serving the area of the district municipality as a whole, which includes:
    • planning, co-ordination and regulation of fire services;
    • specialized fire fighting services such as mountain, veld and chemical fire services;
    • co-ordination of the standardization of infrastructure, vehicles, equipment and procedures;
    • training of fire officers.
  • The establishment conduct and control of fresh produce markets and abattoirs serving the area of a major proportion of the municipalities in the district.
  • The establishment conduct and control of cemeteries and crematoria serving the area of a major proportion of municipalities in the district.
  • Promotion of local tourism for the area of the district municipality.
  • Municipal public works relating to any of the above functions or any other functions assigned to the district municipality.
  • The receipt, allocation and, if applicable, the distribution of grants made to the district municipality.
  • The imposition and collection of taxes, levies and duties as related to the above functions or as may be assigned to the district municipality in terms of national legislation."
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