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Ombudsman By-law, 2014
- Published in Gauteng Provincial Gazette no. 80 on 28 March 2014
- Commenced on 1 September 2014
- [This is the version of this document from 28 March 2014 and includes any amendments published up to 23 September 2022.]
PreambleThe Municipal Manager of the City of Johannesburg Metropolitan Municipality hereby, in terms of Section 13a of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000) publishes the Establishment of the Office of the Ombudsman By-Laws for the City of Johannesburg Metropolitan Municipality, as approved by its Council, as set out herein under.WHEREAS the City of Johannesburg has adopted the Joburg 2040 GDS, an aspirational strategy that defines the type of society the City aspires to achieve, by 2040;WHEREAS in terms of the Joburg 2040 GDS the City is required to be responsive, accountable, efficient and productive in the way it carries out its duties as developmental local government.WHEREAS the City seeks to ensure that customers and citizens feel acknowledged, through the operationalizaton of a refined, shared and comprehensive customer care approach that puts people first.WHEREAS section 43(c) of the Constitution vest 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 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 Johannesburg has identified the need to establish an independent Office of the Ombudsman whose primary function is to be a designated neutral facilitator who provides confidential and impartial assistance in resolving grievances and disputes. The City Ombudsman shall investigate complaints, reports findings, and mediates fair settlements between individuals, group of individuals; and institutions or organisationsAND WHEREAS there is a need for the establishment of a mechanism whereby residents of the City of Johannesburg can formally lodge complaints against alleged acts of maladministration, the following by-law is therefore established.
1. DefinitionsIn this By-law, unless the context otherwise indicates-"Administration" means the administration of the municipality as contemplated in section 51 of the Municipal Systems Act;"City Manager" means the municipal manager appointed in terms of section 57 of the Municipal Systems Act and section 82 of the Municipal Structures Act;"Ombudsman" means a person appointed as the Ombudsman in terms of section 5;"Complainant" means any person who has lodged a complaint with the Office of the Ombudsman as provided for in this by-law;"Constitution" means the Constitution of the Republic of South Africa;"Council" means the Council of the City of Johannesburg municipality as contemplated in section 18 of the Municipal Structures Act;"Councillor" means a member of the Council;"Employee" means any staff member of the City of Johannesburg municipality or any of its municipal owned entities;"Executive Mayor" means the a person elected in terms of section 55 of the Municipal Structures Act;"Mayoral Committee" means the Mayoral Committee established in terms of section 60 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;"Municipality" means the City of Johannesburg municipality established in terms of Section 12 of the Municipal Structures Act;"Prescribe" means prescribe by regulation in terms of this by-law;"Speaker" means a person elected in terms of section 36(2) of the Municipal Structures Act;
2. The office of the ombudsman
3. The structureOffice of the Ombudsman shall consist of the Ombudsman and such other persons who may be necessary for the effective exercise of the powers and functions and duties provided for in this by-law.
4. ObjectivesThe objectives of the Office of the Ombudsman are to:
5. Appointment of the ombudsman of the city of johannesburg
6. Functions and powers of the ombudsmanThe Ombudsman may, at his or her own instance, and must, on receipt of a complaint in terms of section 8, investigate any alleged act or omission or any attempt by an employee serving in the municipality or municipal entity which constitutes-
7. Matters not for investigation
8. Submission of complaints
9. Terms of reference
10. Resolution/settlement of complaints
11. Complaints finalisation procedure
12. Complaints for referral
13. Organisational or internal investigations
14. General principles applicable to investigations
16. Public participation and public awareness
17. GeneralThe Ombudsman and staff employed in the Office of the Ombudsman shall-
18. Cooperative actionThe Office of the Ombudsman shall operate cooperatively with -
20. Application to municpal entitiesThe provisions of this by-law shall apply to employees of any municipal entity established by Council in terms of section 82 of the Municipal Systems Act.
21. AccountabilityThe Office of the Ombudsman and the Ombudsman are accountable to Council in accordance with the provisions of this by-law.
22. Offence and penaltiesAny person who fails to comply with any lawful instruction issued by the Office of the Ombudsman in terms of provisions of this by-law shall be guilty of an offence and on conviction be liable to a fine or imprisonment for a period not exceeding 12 months or to both such fine or imprisonment and/or face disciplinary proceedings.
23. Short title and date of commencementThis by-law shall be called the City of Johannesburg: Ombudsman By-Law and takes effect on 01 September 2014.
History of this By-law
1 September 2014By-law commences.
28 March 2014 this versionPublished in Gauteng Provincial Gazette no. 80