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Formation of Johannesburg Investment and Tourism as a Service Utily By-law, 2016
- Published in Gauteng Provincial Gazette no. 278 on 31 August 2016
- Commenced on 31 August 2016
- [This is the version of this document from 31 August 2016 and includes any amendments published up to 24 March 2023.]
1. PreambleA. Whereas the City of Johannesburg Metropolitan Municipality ("the City"), in terms of the Constitution of the Republic of South Africa and other applicable legislations, charged with the responsibility of ensuring the sustainable provision of municipal services within its area of jurisdiction;B. Whereas the City has approved alternative service delivery mechanisms for the provision of municipal services;C. Whereas with a view to deriving maximum benefit from the principles of performance-based contracting, the City has elected to deliver the services through a wholly owned municipal entity under its sole control and ownership;D. Whereas acknowledging the complexity and challenges associated with the current service delivery model;E. Whereas realising the need to migrate or transfer the functions from the current service delivery mechanism to a service utility;F. Whereas recognising the advantages of cost effectiveness obtained through a service utility as opposed to a company and an ordinary internal department;G. And whereas Section 156(2) of the Constitution empowers the City with legislative authority to enact, administer and pass By-laws;H. And whereas the Local Government: Municipal Systems Act 32 of 2000, affirms the constitutional power in the Municipal Council by stating that Council exercises legislative and executive authority of a Municipality by passing By-laws; andI. And whereas these By-laws are integral part of the applicable legal framework or regulations that give effect to the establishment of Johannesburg Investment and Tourism as a service utility.Be it therefore enacted by the Municipal Council of the City of Johannesburg Metropolitan Municipality, as follows-
2. Definitions and interpretationIn these By-laws, unless context indicates otherwise-
3. Legal framework governing the Service Utility
4. Application of the MFMA and the Systems Act
Establishment of the Service Utility
5. Establishment of the Service Utility
6. Objectives of the Service Utility
7. Powers of the City of Johannesburg as parent municipality
Relationship between the City and the Service Utility
8. Service delivery agreement
9. Service levels and standards
10. Directives by the City
Functions and governance of the Service Utility
11. Functions of the Service Utility
12. Powers of the Service Utility
Board of Directors of JIT
13. Establishment of the Board of JIT
14. Disqualification for appointment
15. Term of office and removal of Directors
16. Roles and responsibilities of the Board
17. Investment Advisory Committee
18. Tourism Advisory Committee
Management of JIT
19. Board Charter
20. Roles and responsibilities of the Board Chairperson
21. Roles and responsibilities of the management of JIT
22. Chief Executive Officer
23. Human capital
Budget, reporting and accounting
24. Assets and funding arrangements
25. Opening of the bank account
26. Budgetary, monthly and quarterly reports
27. Annual reports and annual financial statementsThe CEO shall ensure the preparation and submission of the annual financial statements within two months of JIT financial year end in accordance with the provisions of any legislation governing municipal entities.
28. The business planJIT shall develop an annual Business Plan and Budget which shall be approved within the time limits provided for in terms of Section 87 of the MFMA as read with the Municipal Budget and Reporting Regulations.
29. ProcurementJIT shall develop a Supply Chain Management Policy to regulate procurement of goods and services in line with the applicable legal framework and cognisant with the City Supply Chain Management Framework.
32. Short titleThese By-laws are referred to as Formation of JIT as Service Utility By-laws.
33. CommencementThese By-laws shall come into force and effect on date of publication in the Provincial Government Gazette.
History of this By-law
31 August 2016 this versionPublished in Gauteng Provincial Gazette no. 278By-law commences.
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