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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 11 May 2022.]
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-(a)"approval" means approval by the Council of the City;(b)"authorised official" means an official of the Council who has been authorised by it to administer, implement and enforce the provisions of these By-laws;(c)"the Board" means the Board of Directors;(d)"business day" means a day other than a Saturday, Sunday or public holiday in the Republic of South Africa;(e)"the Chairperson" means the Chairperson of the Board appointed from time to time;(f)"CEO" means the chief executive officer of JIT appointed in terms of Section 22 of these By-laws, who is also an accounting officer of JIT as contemplated in Section 93 of the MFMA;(g)"CFO" means the Chief Financial Officer of JIT;(h)"the City" means the City of Johannesburg Metropolitan Municipality or its successor-in-title from time to time, being the sole parent Municipality of the JIT;(i)"City Manager" means the Municipal Manager appointed by the Council in terms of Section 82(1)(a) or (b) of Local Government: Municipal Structures Act, 1998 and who is the accounting officer in terms of the Local Government: Municipal Finance Management Act 53 of 2003;(j)"the Constitution" means the Constitution of the Republic of South Africa Act, 108 of 1996, as amended from time to time;(k)"committee" means the Investment Promotion Advisory Committee, Tourism Advisory Committee, Audit Risk Committee, Social and Ethics Committee, Remuneration Committee and any other committee that may be established by the Board from time to time;(l)"committee members" means members of JIT as appointed in terms of the Terms of Reference;(m)"Council" means the Municipal Council of the City as defined in Section 1 of the Municipal Structures Act;(n)"councillor" means a member of the Council;(o)"Directors" mean the Directors of Johannesburg Investment and Tourism appointed in terms of Clause 13(2);(p)"ED" means the Executive Director for Economic Development responsible for oversight of the Johannesburg Investment and Tourism;(q)"Executive Manager: Investment" means the Head of the Investment Promotion division;(r)"Executive Manager: Tourism" means the Head of the Tourism division;(s)"force majeure" means an act omission or circumstance over which either party could not have reasonably foreseen nor exercised control;(t)"JIT" means Johannesburg Investment and Tourism as a service utility established in terms of these By-laws;(u)"MFMA" means the Local Government; Municipal Finance Management Act 56 of 2003;(v)"MMC" means a Member of the Mayoral Committee as contemplated in Section 60 of the Municipal Structures Act;(w)"municipal entity" means a person or institution or body established in terms of the Systems Act;(x)"municipal services" means municipal services as defined in the Systems Act;(y)"SDA" means the Service Delivery Agreement entered into between the City as a parent Municipality and JIT as a municipal entity, as amended from time to time;(z)"SDBIP" means the Service Delivery Budget Implementation Plan of the City as formulated from time to time;(aa)"service area" means the geographical area in respect of which Johannesburg Investment and Tourism is appointed (and where applicable, licensed in terms of applicable regulatory provisions) to render the services as set out in these By-laws;(bb)"Structures Act" means Municipal Structures Act 117 of 1998;(cc)"Service Utility" means Johannesburg Investment and Tourism Service Utility, a municipal entity created in terms of these By-laws; and(dd)"Systems Act" means the Local Government: Municipal Systems Act 32 of 2000, as amended.
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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