SPEAKERCllr. Happy Mzikayise Ngqasa

Physical Address:

ERF 823
Main Street
Mount Frere
5090

Speaker of Council Contact details
Buso.Phindiwe@umzimvubu.gov.za
Tel: (+27) 392558503

Cell: 082 322 7021

Cllr Happy Mzikayise Ngqasa was born and raised in KwaBhaca at Nqalweni Administrative area and commenced his education at Antioch Junior Secondary School. He later matriculated at Zibokwana Senior Secondary School in KwaBhaca. He furthered his studies with the University of Walter Sisulu, where he obtained his Bachelor of Sciences in Chemistry. He also holds a Diploma in Local Government Law and Administration from Fort Hare University.

Cllr Ngqasa began his professional career as a teacher in 2006, teaching Physical Sciences and Mathematics for a period of 10 years. He started his political career at the structures of the ANC Youth League as a Buthanani (ward13) Branch Secretary in 2005- 2009. He later became the Regional executive committee member of the ANCYL at Alfred Nzo Region from the year 2009-2011. Between 2011-2014, he was elected as the Deputy Chairperson of the ANCYL in the Alfred Nzo Region and served as a Regional Secretary of the ANCYL between 2015-2017.

In the ANC structures, Cllr Ngqasa served as a Branch Secretary between 2008- 2017, while serving as an ANC Sub-Regional Treasurer. During 2014- 2017, he was elected as the Sub-Regional Secretary of the ANC, where he was later elected as the Alfred Nzo Regional Executive Committee Member.

During his leadership tenure at Umzimvubu, Cllr Ngqasa expressed his commitment towards rural communities, where he became the Secretary of ULM South African Youth Council between 2011-2013, wherein he was later elected as Chairperson of the Alfred Nzo District SAYC.

Before assuming his duties as Umzimvubu Council Speaker for the 2021- 2026 Council term, Cllr Ngqasa served as member of the Municipal Executive Committee (EXCO) as the Portfolio Head of the Budget and Treasury Department from 2016- 2021.

OFFICE OF THE SPEAKER UMZIMVUBU LOCAL MUNICIPALITY

ABOUTH THE OFFICE OF THE SPEAKER

1.1    STATUTORY FUNCTIONS OF THE SPEAKER AS SET OUT IN SECTION 37 OF THE

MUNICIPAL STRUCTURES ACT

1.1.1 Presides at meetings of the council and signs the minutes of the council meetings;

1.1.2 Ensures that council meets at least quarterly;

1.1.3 Maintains order during meetings of the council and ensures that the meetings are conducted     in compliance with the council’s rules of order;

1.1.4 performs all other duties assigned to him/her in the council’s rules of order;

1.1.5 Ensures compliance in the council with the Code of Conduct as set out in Schedule 1 to the         Municipal Systems Act.

1.1.6 Performs the duties and exercises the powers delegated to the Speaker in terms of section 32 of the Structures Act.

1.2    OTHER FUNCTIONS OF THE SPEAKER

1.2.1 Chairs committees such as the Rules and Order Committee.

1.2.2 The Speaker is in charge of the legislative arm of the Municipal Council and must therefore guard the integrity of the legislative process, as well as protect the “checks and balances” between the legislature and the executive.

1.2.3 The Speaker has to ensure that by-laws that are tabled comply with the Constitution, Structures Act, Systems Act and other applicable National and Provincial legislation.

1.2.4 The Speaker must ensure that the procedural requirements that apply specifically to the adoption of by-laws have been adhered to.

1.2.5 The Speaker has to guard the integrity of the Council, which requires the Speaker to guard against the abuse of Councilor’s privileges and interests.

1.2.6 The Speaker should deal with complaints lodged against Councilors by members of the community.

1.2.7 The Speaker must exercise his or her duties within the rules as determined by the Council, and is therefore accountable to the Council.

1.2.8 The Speaker calls Council meetings and decides on their time and venue. However, if a majority of Councilors request a meeting, the Speaker must convene a meeting accordingly.

1.2.9 Although the Council is the ultimate decision maker on the rules of order, the Speaker should take the initiative in the policy formulation around the rules of order.

1.2.10        The Speaker must further ensure that:

1. Councillor’s freedom of speech in the Council is protected, i.e. that Councilors are allowed to speak freely, that there is order in the meeting, that there are no interruptions etc.
2. Councillor’s freedom of speech is exercised subject to Council’s rules of order.
3. The Speaker’s responsibility for presiding over Council meetings implies that the Speaker     must be involved in the preparation of the agenda that is circulated to the          Council members         prior to a meeting (Council’s rules of order should provide for a        procedure that must be          followed in preparing the agenda. The principle suggested      should be a consultative process, including the Mayor, Municipal Manager and Corporate Services Department)
4. The Speaker must ensure the implementation of the provisions of the Act dealing withCouncil meetings, such as section 30, which deals with quorums and decisions
5. The Speaker is in charge of allocating speaking time to members in terms of the Council’s    policy on that issue.
6. The Speaker must also implement section 81(3) of the Act, which affords the participating traditional authorities an opportunity to address the Council in particular circumstances.
7. The Speaker must implement the voting procedures as determined by the Council in its rules of order, subject to the Structures Act(quorum, abstentions, voting by division, declaration         of the result etc.). If Council cannot take a decision on any matter, the Councillor presiding, which would normally be the Speaker, can cast an extra vote to decide the matter (s 30(4) of     the Act).
8. The Speaker must facilitate the implementation of section 20(1) and (2) of the Act in as far as it deals with the public’s admission to Council meeting. The Council decides whether or       not to close a meeting but the Speaker must be able to advise Council and facilitate the                 decision making around the issue. The Speaker must ensure that members of the public are     seated in designated areas and should have the authority to remove any person who refuses       to comply with the Speaker’s ruling.
9. The Speaker must maintain an attendance register in order to implement item 4(2) of the Code of Conduct. This provides for the removal of a Councillor after a third consecutive absence from a Council meeting without having obtained leave of absence.
10. Develops format for reporting of cllrs on a monthly basis on their constituency work
11. Receives monthly reports from Cllrs on their constituency work (co-responsibility with Chief Whip)

1.3    LINE OF AUTHORITY

1.3.1 Reports to Council.

DELEGATIONS TO SPEAKER

The following powers are delegated by the council to the office of the speaker and may not be sub-delegated:

Delegated authority to approve attendances at workshops, conferences, seminars, lectures, special courses, meetings or all other attendances of the same nature for councillors (excluding the Mayor, executive committee Members and officials attached to these offices.

1. Delegated authority to approve leave for all Councillors to be absent from Council meetings, excluding Executive Committee Meetings.

2. Delegated power to oversee that all council’s by-Laws, policies, procedures, Organogram and any other system or work method including job descriptions are crafted, reviewed yearly, work shopped, published and approved by council.

3. Delegated authority to approve council’s training schedule for councillors and officials to be trained in policies, procedures, by-laws, legislation and other training required.

4. Delegated authority to report to South African Police, all alleged irregularities of Councillors. (Section 173(5) of the Municipal Finance Management Act)

5. Delegated authority to investigate the reasons for non- compliance by Mayor to table the Annual report timeously (Section 133 (1) (a) of the Finance Management Act).

6. Delegated authority to monitor and oversee the standing Committee meetings to ensure they are compliant with the standing Rules for holding meetings.

7. Delegated authority to monitor and ensure compliance by all Councillor’s with the code of conduct for Councillor’s (Schedule 1 to the Local Government Municipal Systems Act).

8. Delegated authority to investigate any dispute between Councillors and to present his report and investigation to Council for a resolution which will be final.

9. Delegated authority to obtain answers on any query/information required by Councillor’s from the Municipal Manager.

10. Delegated authority to receive monthly reports from the Municipal Manager on all the Council/Committee resolutions execute and/or not executed and in such event the reasons why the resolutions of Council have not been complied with.

11. Delegated authority to set and/or approve dates for Council and Standing Committee meetings and to call such meetings under the Municipal Manager’s signature.

12. Delegated authority to receive notices of motion from Councillors and to arrange that the motions are placed on the agenda provided it complies with the rules for holding of Council meetings

13.    Delegated authority to serve as the Internal Appeal Authority as per Section 5 sub-section 5.3 of the Umzimvubu Municipality Section 14 Manual – Access to Information