Related documents
- Repeals Ombudsman By-law, 2014
Johannesburg
South Africa
South Africa
Ombudsman By-law, 2023
- Published in Provincial Gazette 61 on 28 February 2024
- Commenced on 28 February 2024
- [This is the version of this document from 28 February 2024 and includes any amendments published up to 1 November 2024.]
Preamble
WHEREAS the City of Johannesburg seeks to ensure that customers and citizens feel acknowledged, through the institutionalisation of a refined, shared and comprehensive customer care approach that puts people first;WHEREAS Section 43(c) of the Constitution of the Republic of South Africa (the Constitution) vests legislative authority in respect of the local sphere of government in municipal councils as set out in section 156;WHEREAS Section 156(2) and (5) of the Constitution provide that a municipality may make and administer By-laws for the effective administration of matters which it has the right to administer, and to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions;WHEREAS Section 181(3) of the Constitution requires organs of state, through legislative and other measures, to assist and protect the institutions established in terms of Chapter 9 of the Constitution to ensure the independence, impartiality, dignity and effectiveness of those institutions;WHEREAS the City of Johannesburg has identified the need to establish an independent Office of the Ombudsman whose primary function is to assist the City of Johannesburg in fulfilling its legislative obligation to provide accountable, democratic and transparent governance to those who reside in its jurisdiction;WHEREAS there is a need for the establishment of a mechanism whereby residents of the City of Johannesburg can formally lodge complaints against alleged abuse of power, unfair decisions and maladministration on the part of the City’s administration;WHEREAS this By-laws subscribes and gives effect to the purpose and principles contained in the By-laws of the International Ombudsman Institute;AND WHEREAS the Council, its political structures and its administration must assist and protect the Office of the Ombudsman to ensure its independence, credibility, impartiality, dignity, and effectiveness.NOW THEREFORE BE IT ENACTED by the Council of the City of Johannesburg as follows:Chapter 1
Interpretation
1. Definitions
In this By-laws, unless the context otherwise indicates—“Administration” means the City’s administration and the administration of any of its municipal entities;“Board” means a board of a municipal entity of the City of Johannesburg;“Chief Executive Officer” means the Chief Executive Officer or Managing Director of a municipal entity in terms of Section 93J of the Municipal Systems Act;“City” means the City of Johannesburg, a municipality established in terms of section 12 of the Municipal Structures Act, including its municipal entities;“City Manager” means the municipal manager appointed in terms of section 54A of the Municipal Systems Act;“Complainant” means any person who has lodged a complaint, or on whose behalf a complaint has been lodged, with the office of the Ombudsman;“Committee” means a Committee established by Council in terms of Section 79 of the Municipal Structures Act to resolve disputes described in section 16(1);“Complaint” means a complaint lodged in terms of Section 4(1), by a complainant;“Constitution” means the Constitution of the Republic of South Africa, 1996;“Corrective action” means a particular action aimed at removing the cause of failures and nonconformities in an effort to prevent their future recurrence;“Council” means the council of the City of Johannesburg, as contemplated in section 18 of the Municipal Structures Act and in Section 157 of the Constitution;“Councillor” means a member of Council;“Departmental Head” means the person appointed in terms of Section 56 of the Municipal Systems Act;“Employee” means a staff member of the City or its entities;“Executive Mayor” means the person elected in terms of Section 55 of the Municipal Structures Act;“Maladministration” means an act or omission committed by the administration or by an employee of the administration and which has the impact of infringing upon a person or institutions’ right to fair administrative action or that results in manifestly inequitable, unfair, irregular or unprocedural treatment;“Managing Director” means the managing director of a municipal entity;“Member of the public” means a member of the general public/population;“Municipal Finance Management Act” means the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), and any regulations made under that Act;“Municipal Structures Act” means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), and any regulations made under that Act;“Municipal Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), and any regulations made under that Act;“Office” means the Office of the Ombudsman established in terms of section 3;“Ombudsman” means the person appointed as such in terms of section 10(1);“Remedial action” means an action intended to correct something that is wrong to improve an unacceptable situation; and“Speaker” means a person elected in terms of section 36(2) of the Municipal Structures Act.Chapter 2
Independence and jurisdiction of the Office
2. Independence of the Office
3. Establishment and jurisdiction of the Office of the Ombudsman
Chapter 3
Complaints and investigations
4. Lodging of complaints
5. Complaints for referral
6. General principles applicable to investigations
7. Investigations
8. Findings and corrective or remedial action
9. Resolution of complaints
Chapter 4
General
10. Appointment and tenure of the Ombudsman
11. Powers and duties of the Ombudsman
12. Remuneration and other terms and conditions of employment of the Ombudsman
13. The staff establishment and staff members
14. Functional reporting
15. Administrative reporting
16. Dispute resolution
17. Public awareness, education and participation and the advancement of human rights
18. Disciplinary offences
19. Offences and penalties
20. Application of the By-laws
21. Repeal and transitional provisions
The Establishment of the Office of the Ombudsman for the City of Johannesburg By-laws, 2014 is hereby repealed subject to the following:22. Short title and date of commencement
This By-laws is called the City of Johannesburg: Ombudsman By-laws, 2023 and takes effect on publication in the Provincial Gazette.History of this document
28 February 2024 this version
Commenced