The SALGA Constitution

Please click here to download the SALGA Constituion.

SALGA is governed by its constitution as adopted in May 2000. The objectives and principles are in the context of the Constitution of the Republic, Act 108 of 1996, the White Paper on Local Government and within the parameters of the Organised Local Government Act 52 of 1997.

The constitution can only be amended by a two thirds majority at a national conference which is the highest decision-making body of the organisation.

The state and nature of local government in South Africa is dynamic and as it develops it is imperative that legislation governing local government be amended to provide for change. The progression in developmental local government, including SALGA’s new vision as it emerges, may require constitutional amendments from time to time.

Amendments to SALGA’s constitution in chronological order to date are as follows:

2004

Following deliberation at SALGA’s National Conference in 2004, SALGA’s constitution was amended to give effect to its impetus towards a unitary structure.

Membership

One of the most significant amendments to the Constitution was the inclusion of the provision that SALGA would have the following categories of membership:

1. Municipalities established in terms of the Structures Act;
2. Provincial associations
3. Associate members

In terms of this amendment to its constitution, SALGA provided for municipalities to be its members directly without having to be members of the provincial local government associations. This marked a significant change from what SALGA has been recognised for in terms of the Organised Local Government Act. In terms of the Recognition Gazette, SALGA was recognised as being representative of the majority of provincial local government associations.

In addition, it also provided for associate members, i.e. an organisation which was not a municipality or a provincial local government association, but was strongly concerned with or involved in local government matters and complied with criteria as may have been determined by the SALGA National Executive Committee.

2007

SALGA’s National Conference of 2007, SALGA’s constitution was amended in the following respects:

• Definition of Office Bearers narrowed down to only include Chairperson and Deputy Chairpersons of SALGA;
• New definition for Working Groups introduced;
• Payment of membership levies due between 1 April and 1 July of each calendar year;
• National and Provincial Conferences to be held after every local government general elections;
• National Conference empowered to consider the audited financial statements in respect of previous year, approve programme of action, business plan and the budget as approved by the NEC and review SALGA’s financial performance;
• National Members Assembly to be convened annually as opposed to twice a year;
• National Executive Committee to meet once every two months instead of monthly;
• NEC in addition to developing and reviewing, also to adopt SALGA’s administrative policies;
• NEC to exclusively determine SALGA representation in all IGR structures and other forums. All representatives to table quarterly reports to NEC;
• Certain powers and functions of the NEC extended to PECs; and
• Mandatory for PECs to table quarterly reports to the NEC.

The 2007 constitutional amendments outlined above, pertained to the functioning of SALGA’s governance structures and did not alter provisions in reference to membership to SALGA.