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City Ombudsman By-law, 2015
- Published in Western Cape Provincial Gazette no. 7419 on 3 July 2015
- Assented to on 29 May 2015
- Commenced on 3 July 2015
- [This is the version of this document from 10 February 2017 and includes any amendments published up to 17 March 2023.]
- [Amended by City Ombudsman: Amendment on 10 February 2017]
PreambleWHEREAS section 156(2) and (5) of the Constitution provides 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 the City of Cape Town has identified the need to establish an independent Ombudsman’s Office whose primary function is to assist the City of Cape Town in fulfilling its legislative obligation to provide accountable, democratic and transparent governance to those who reside in the area of jurisdiction of the City of Cape Town;WHEREAS there is a need for the establishment of a mechanism whereby residents of the City of Cape Town can formally lodge complaints against alleged acts of maladministration;AND WHEREAS the Council, its political structures and its administration must assist and protect the Office of the City Ombudsman to ensure its independence, credibility, impartiality, dignity and effectiveness.NOW THEREFORE BE IT ENACTED by the Council of the City of Cape Town as follows:
1. DefinitionsIn this by-law, unless the context otherwise indicates:"alternative dispute resolution" means to address the complaint in an informal, impartial and confidential manner;"authorised official" means an employee of the City responsible for carrying out any duty or function or exercising any power and includes employees delegated to carry out or exercise such duties, functions or powers;"City" means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 22 September 2000, issued in terms of the Municipal Structures Act, 1998, or any structure or employee of the City acting in terms of delegated authority;"City Manager" means the municipal manager appointed in terms of section 54A of the Municipal Systems Act, 2000;"City Ombudsman" means the person appointed as the City Ombudsman in terms of section 5 of this By-law;"complainant" means any person, or body of persons who has lodged a complaint with the Office of the City Ombudsman as provided for in this by-law;"complaint" means any written complaint, against the City that has been lodged with the Office of the City Ombudsman;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Council" means the Municipal Council of the City;"councillor" means a member of the Council;"Executive Mayor" means the Executive Mayor of the City elected in terms of section 55 of the Municipal Structures Act, 1998;"maladministration" means any act or omission committed by the City or by an employee of the City which has the impact of infringing on a person or organisation"s right to fair and just administrative action;"Mayoral Committee" means the committee, established in terms of section 60 of the Municipal Structures Act, 1998;"municipal entity" means a private company or a body established by the City in terms of sections 86B and 86H respectively of the Municipal Systems Act, 2000 for the purposes of rendering a service;"Municipal Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"policy" means the City Ombudsman"s policy;"recommendation" means a final resolution on a complaint where the outcome of the complaint recommends corrective action to a department;"Speaker" means a person elected in terms of section 36 of the Municipal Structures Act, 1998.
2. ApplicationThis by-Law applies to the City and all municipal entities, established by the City.
3. The office of the city ombudsman
5. Appointment and term of the city ombudsman
6. Functions and powers of the city ombudsman
7. Matters not for investigationThe Office of the City Ombudsman does not investigate any of the following matters:
8. Submission of complaints
9. Offences and penalties
10. Short title and date of commencementThis by-law will be called the City of Cape Town: City Ombudsman By-law, 2015 and will take effect on the date of publication in the Provincial Gazette.
History of this By-law
10 February 2017 this versionAmended by City Ombudsman: Amendment
3 July 2015Published in Western Cape Provincial Gazette no. 7419By-law commences.Read this version
29 May 2015Assented to by council.
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