These responsibilities are set out in the Constitution and require councillors to understand complex planning, financial, and service-delivery documents. However, research and experience show that many councillors lack the capacity to perform these duties fully. Without adequate training, councillors struggle to understand budgets, IDPs, environmental reports, and other technical documents essential for effective oversight. Training and development are therefore not optional. They are necessary for councillors to meet their constitutional and statutory obligations. 

The Legal Framework

Two main legal instruments govern the funding of councillor training:

• Section 167 of the Municipal Finance Management Act (MFMA), which sets the rules on councillor remuneration and benefits.
• Items 16 and 17 of the Upper Limits Notice (Government Notice 51407 of 17 October 2024) outline how councils must budget for councillor training and what counts as irregular expenditure. 

Section 167 allows councillors to receive remuneration and benefits within a framework set by law. It states that anything paid outside this framework, including bonuses or bursaries, is considered irregular expenditure. But the key phrase is “outside this framework.” A benefit is only irregular if it falls outside what is allowed. 

Items 16 and 17 clarify what is permitted. Item 16 requires every council to adopt a policy for councillor education, training, and development. Councils must also budget for training programmes that help councillors fulfil their duties. Item 17 simply confirms that payments made outside this framework are irregular. It does not prohibit training or bursaries for councillors. 

Evolution of councillor training rules

The rules on councillor training have changed over time. Early Upper Limit Notices in the early 2000s did not mention capacity building at all. Later Notices introduced training requirements but in a limited way.

Initially, training was restricted to courses delivered by national departments, government agencies, SETAs, provincial departments, municipalities, or organised local government. Tertiary education, usually funded through bursaries, was explicitly excluded. For example, the 2017 Notice stated:

“This capacity building programme may include specific training conducted by national departments, associated government agencies and SETAs, provincial departments, municipalities and organised local government, but excludes tertiary education.”

A major change occurred in the 2022 Notice. The prohibition on tertiary education was removed, and training was no longer limited to government institutions. Councils could fund short courses or programmes outlined in their training and skills development plans. Items 16 and 17 of the current Upper Limit reflect a deliberate regulatory shift: the removal of the prohibition on tertiary education and the abandonment of the earlier, rigid restriction to short courses or government-delivered training programmes. This evolution shows a deliberate shift: councils now have wider discretion to fund councillor training, including tertiary education, provided it is linked to councillor duties. 

What this means for councillor training

In practical terms, councils can lawfully fund councillor education and bursaries if three conditions are met:

• The training is linked to the councillor’s duties, such as oversight, governance, financial management, or policy development.
• The training falls within a council-approved capacity-building policy, as required by Item 16.
• The council budgets for the training in accordance with the Upper Limits.

Training unrelated to municipal governance, such as courses in veterinary science, theology, or cosmetology, would not meet these criteria. Funding such courses would fall outside the authorised framework and count as irregular expenditure.

Why councillor training  matters

Proper councillor training strengthens local government. It equips councillors to hold executives accountable, scrutinise budgets, evaluate service delivery, and understand municipal law and policy. Without training, councillors cannot meet their constitutional duties. The legal framework supports this. Section 167, read together with the Upper Limits, explicitly allows councils to fund education and training. Item 16 makes it a mandatory obligation. Councils cannot adopt a capacity-building policy and then claim they are not allowed to fund it. 

Common misunderstandings

Some interpret Section 167 and Item 17 to mean that all bursaries for councillors are prohibited. This is incorrect. These interpretations make several errors:

• They treat training as a personal benefit rather than an institutional necessity.
• They ignore the council’s obligation under Item 16 to provide training.
• They misread Item 17, which only deals with payments made outside the approved framework.

Reading the law this way would prevent councillors from acquiring skills necessary to perform their duties. It would also create an irrational outcome: staff can be trained, but councillors, whose oversight role is constitutional, cannot. 

Conclusion

Municipal councils are legally permitted to fund councillor education, training, and bursaries, provided the training is linked to councillor duties and is included in an approved capacity-building policy. Only programmes unrelated to municipal governance would be irregular expenditure. In short, councillor training is not a luxury. It is a legal requirement to ensure that local government functions effectively and meets constitutional standards. Councils should actively implement policies and budget for programmes that equip councillors with the knowledge and skills they need to govern responsibly. 

By providing education and training, councils strengthen accountability, governance, and service delivery. It ensures that councillors can fulfil their constitutional and statutory duties, ultimately benefiting communities and enhancing local democracy.

The Dullah Omar Institute is one of many institutions that offers postgraduate education and training in local government. Its Postgraduate Diploma Programme in Public Law is a unique programme, aimed at practitioners working in or with local government. The Programme will equip you with knowledge of the South African local government system, and with skills to apply this knowledge in practice. Applications for 2026 intake are still open.

By Raymond Esau, Director Strategic Support Services, Breede Valley Municipality