The functions, power and responsibilities of the Executive Mayor are assigned by legislation, in terms of section 56 of the Municipal Structures Act and Chapter 7 of the MFMA, as well by resolutions of Council passed from time to time to allocate specific responsibilities to the Executive Mayor. Provided that the legislation permits sub-delegation, or Council has authorized the power to sub-delegate in respect of Council delegations of authority made to the Executive Mayor, the Executive Mayor may sub-delegate such functions to the Mayoral Committee members of Standing Committees;

A summary of the powers and functions of the Executive Mayor assigned in terms of Section 56 of the Municipal Systems Act, are as follows:

• Identify the needs of the municipality and recommend to Council strategies, programmes and services to address such needs;
• Identify and develop criteria for the evaluation of strategies, programmes and services implemented to address needs of the municipality;
• Evaluate progress against key performance indicators;
• Review the performance of the municipality in terms of its:
  • Economy, efficiency and effectiveness;
  • Credit control and debt collection efficiency;
• Monitor the management of Administration;
• Oversee the sustainable provision of services to communities;
• Perform duties and exercises powers as delegated by Council;
• Reports annually on the involvement of communities and community organisations in the affairs of the municipality; Such reports must be presented at institutional political forum to ensure ownership of the reports by the Executive;
• Gives attention to the public views and report on the effect of consultation on the decisions of council.

In addition to the above, the Executive Mayor is assigned financial responsibilities as prescribed under Chapter 7 of the MFMA, which can be summarised as follows:

• Providing general political guidance of the fiscal and financial affairs of the municipality;
• Monitoring and overseeing the exercise of financial responsibilities assigned to the Accounting Officer and Chief Financial Officer in terms of the MFMA;
• Taking all reasonable steps to ensure the municipality performs its Constitutional and statutory functions within the limits to the municipality’s approved budget;
• Submitting a report to Council, within 30 days of the end of each quarter, on the implementation of the budget and the financial state of affairs of the municipality;
• Performing any other powers and duties that me be delegated by Council;

In terms of the Budget Process:

• providing general political guidance over the budget process and the priorities that must guide the preparation of the budget;
• co-ordinating the annual revision of the Integrated Development Plan (IDP), and the preparation of the annual budget, and determining how the IDP is to be taken into account, or revised, for the purpose of the budget;
• taking all reasonable steps to ensure that the budget is approved by Council before the start of the budget year; that the Service Delivery and Budget Implementation Plan (SDBIP) is approved by the Mayor within 28 days after the approval of the budget;
• taking all reasonable steps to ensure that performance agreements for S56 managers are in accordance with the Municipal Systems Act and relevant regulations, and are concluded as per the Act;
• reporting to the MEC for finance in the province regarding any delays in tabling the budget for approval, in approval of the SDBIP, or the signing of annual performance agreements for S56 managers;
• ensuring that revenue and expenditure projections for each month and service delivery targets and performance indicators for each quarter, as set out in the SDBIP, are made public within 14 days of the approval of the SDBIP;
• ensuring that S56 managers’ performance agreements, are made public within 14 days after the approval of the SDBIP, and are submitted to Council and the MEC for local government in the province;

In terms of budgetary control:

• on receipt of monthly budget statements or mid-year budget and performance assessment reports submitted by the Accounting Officer:
  • checking budget implementation is being done in accordance with the SDBIP;
  • considering the revision of the SDBIP, provided that the service delivery targets and performance indicators in the plan may only be made with the approval of Council after approving an adjustment budget;
  • ensuring that the public are informed promptly or any revisions to the SDBIP;
  • issuing appropriate instructions to the Accounting Officer to ensure budget implementation with the SDBIP and to ensure spending of funds and revenue collection proceed in accordance with the budget;
  • submitting a report on the mid-year budget and performance assessment to Council by 31 January each year;
• identifying financial problems facing the municipality;
• initiating remedial or corrective steps where financial problems are identified;
• alerting Council and the MEC for local government to financial problems identified

In terms of rights and powers over municipal entities, such as ASPIRE:

• guiding the municipality in exercising its rights and powers over the municipal entity, in a way:
  • that ensures that the municipal entity complies with the MFMA and remains accountable to the municipality; and
  • that would not impede the municipal entity from performing its operational responsibilities;
• monitoring the operational functions of the municipal entity, but in a way that does not interfere in the performance of those functions.