Legal Services is a multi-discipline field, which deals with legal activities over a broad spectrum ranging from Family Law, Criminal Law, Civil Law, Law of Contract and Conveyancing, to mention but a few. It is structured around various areas of expertise to provide required support to Council.

Functions of the Legal Services section

• Managing the provision of a comprehensive, efficient and effective legal service to the Municipality;

• Safeguarding the Municipality's interests in all legally related matters and to ensure that all the Municipality's operations are conducted within the parameters of the law;

• Strengthening the capacity of the Municipality to fulfil its mandate as stipulated in terms of Sections 152 and 153 of the Constitution of South Africa, 1996 and other applicable legislations;

• Providing a support and advisory role to the Municipality in order to fulfil its objectives;

• Enhancing organisational efficiency by promoting an environment that complies with corporate governance, which enables the Municipality to achieve its objectives, and;

• Executing responsibilities spread over Legal Agreements, Conveyancing, litigation and labour relations.

Units within the Legal Services Section

• Litigation and Legal Opinions;

• Contracts, and;

• Conveyancing.

CONTRACTS AND CONVEYANCING

This unit ensures that the governance and legal compliances around all contracts entered into by the Municipality are done in terms of applicable legislation, thus ensuring that the Municipality is strengthened, when entering into these transactions with third parties.

Contracts (Drafting and Vetting)

The Law of Contracts supports social exchange between parties through formal written agreements. It governs obligations, enforcement, and remedies. The law supports daily business transactions by creating certainty, predictability, and enforceability. It ensures a system of governance and compliance in municipalities. Contracts typically involve negotiation, but in a municipal environment, the terms and conditions are initiated at tendering.

Conveyancing

Conveyancing is the transfer of immovable property from one seller to another, often through mortgage bonds. It involves transactions in municipal systems with potential buyers. Conveyancing also involves preparing deeds and documents for registration or filing in the Deeds Registry, including drafting, lodgement, and signing by authorized persons. Besides conventional transfers, the sub-section also deals with the following categories of transfers, namely:

• rectification transfers, for example where properties may erroneously have been transferred incorrectly to parties;

• relaying out of a portion of land which requires a property to be registered with the correct, new property description/s;

• exchange agreements, and;

• Donations.

LEGISLATION, LITIGATION AND LEGAL OPINIONS

Council as a statutory body and in order to fulfil its mandate of service delivery to the community in its jurisdiction; has to ensure that there is compliance with Legislation. In addition, Council bears a mandate to litigate and defend litigation where necessary to ensure that its prescripts of good governance are carried forward in the courts.

Unnecessary legal action or action that is baseless in its defence causes Council to be exposed to reputational damage as well as unnecessary legal action, and hence legal opinions are sought by various Departments who wish to explore the legal route by way of an opinion before they make a decision on the way forward.

Bylaws, Rules and Policies

Bylaws, rules and policies govern the working environment as well as the City and its relationship with its citizens. They become the subject of constant change and adjustment in line with the needs of the organization, City and the rules of governance, especially when there are new judgements or legislative changes that influence the way in which we conduct ourselves.