So-called "Section 79 and 80 Committees" are municipal committees that are established in terms of ss 79 and 80 of the Local Government: Municipal Structures Act 117 of 2008.

These committees are established in municipalities to enable councils to delegate specific functions and to strengthen the work of council. For instance, committees may be established to: increase local capacity, enhance public participation and solidarity in communities; specifically design and see to the implementation of redistributive measures or measures aimed at environmental sustainability such as policies and plans; monitor and ensure compliance with human rights and other international duties and objectives; and investigate and make suggestions on how to address the underlying causes of socio-economic inequality in local communities, deterioration of the local environment and civil disobedience (community protests), amongst others.

The powers of a Section 79 committee are determined by the municipal council. However, the executive can alter or amend reports of such a committee before the submission of such reports to council. A Section 80 committee is different in that it is established primarily to assist the executive mayor and/or an executive committee. Section 80 committees are therefore not municipal council committees. They report and are accountable to the executive. In effect, this means that municipalities with non-executive councils would not involve Section 80 committees.

Basis in law

Section 79 and 80 Committees are established in terms of ss 79 and 80 of the Local Government: Municipal Structures Act 117 of 2008.

Section 79 of the Act states that a municipal council may establish one or more committees necessary for the effective and efficient performance of any of its functions or the exercise of any of its powers and that the council may appoint the members of such a committee from among its members. The council may also dissolve a Section 79 Committee at any time.

The Act determines that a municipal council must determine the functions of a Committee and may delegate duties and powers to it in terms of s 32 of the Act. The council must appoint the chairperson and may authorise a Committee to co-opt advisory members who are not members of the council. The council may remove a member of a Committee at any time and may further determine a Committee's procedures.

Section 80 of the Act states that if a municipal council has an executive committee or executive mayor, it may appoint in terms of s 79, committees of councillors to assist the executive committee or executive mayor. However, such committees may not in number exceed the number of members of the executive committee or mayoral committee. A Section 80 committee must report to the executive committee or executive mayor in accordance with the directions of the executive committee or executive mayor.

The Act further determines that when establishing a Section 80 Committee, a municipality must take into consideration the extent of the powers and functions of the municipality, the need for efficiency and effectiveness in the discharge of municipal powers and functions, and the financial and administrative resources available to support such a Committee.

Environmental application

Section 79 and 80 Committees have the potential to strengthen the overall performance and coordination of environmentally relevant decisions and plans in the municipality.  Section 79 Committees may be particularly useful for local environmental governance in the sense that they can co-opt environmental experts as advisory members. Such experts may include academics, business owners, members of the local community or professional organisations, engineers, environmental managers and scientists as well as climate change experts and specialists in the fields of waste, biodiversity and air quality.