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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 7- Local Government

156. Powers and functions of municipalities

 

 

1) A municipality has executive authority in respect of, and has the right to administer :
a) the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and
b) any other matter assigned to it by national or provincial legislation.

 

2) A municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer.

 

3) Subject to section 151(4), a by-law that conflicts with national or provincial legislation is invalid. If there is a conflict between a by-law and national or provincial legislation that is inoperative because of a conflict referred to in section 149, the by-law must be regarded as valid for as long as that legislation is inoperative.

 

4) The national government and provincial governments must assign to a municipality, by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 which necessarily relates to local government, if :
a) that matter would most effectively be administered locally; and
b) the municipality has the capacity to administer it.

 

5) A municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions.