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Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 3 : Functions and Powers

11. Executive and legislative authority

 

 

1) The executive and legislative authority of a municipality is exercised by the council of the municipality, and the council takes all the decisions of the municipality subject to section 59.

 

2) A municipality may exercise executive and legislative authority within its boundaries only, but may, by written agreement with another municipality and subject to Chapter 5 of the Municipal Structures Act and other applicable national legislation, exercise executive authority in the area of that other municipality.

 

3) A municipality exercises its legislative or executive authority by-
a) developing and adopting policies, plans, strategies and programmed, including setting targets for delivery;
b) promoting and undertaking development;
c) establishing and maintaining an administration;
d) administering and regulating its internal affairs and the local government affairs of the local community;
e) implementing applicable national and provincial legislation and its by-laws;
f) providing municipal services to the local community. or appointing appropriate service providers in accordance with the criteria and process set out in section 78;
g) monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the municipality;
h) preparing, approving and implementing its budgets;
i) imposing and recovering rates, taxes, levies, duties, service fees and surcharges on fees, including setting and implementing tariff, rates and tax and debt collection policies;
j) monitoring the impact and effectiveness of any services, policies, programmed or plans;
k) establishing and implementing performance management systems;
l) promoting a safe and healthy environment;
m) passing by-laws and taking decisions on any of the above-mentioned matters; and
n) doing anything else within its legislative and executive competence.

 

4) A decision taken by a municipal council or any other political structure of the municipality must be recorded in writing.