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

Chapter 2 : Legal Nature and Rights and Duties of Municipalities

4. Rights and duties of municipal councils

 

 

1) The council of a municipality has the right to-
a) govern on its own initiative the local government affairs of the local community;
b) exercise the municipality’s executive and legislative authority, and to do so without improper interference; and
c) finance the affairs of the municipality by-
i) charging fees for services; and
ii) imposing surcharges on fees, rates on property and, to the extent authorised by national legislation. other taxes, levies and duties.

 

2) The council of a municipality, within the municipality’s financial and administrative capacity and having regard to practical considerations, has the duty to-
a) exercise the municipality’s executive and legislative authority and use the resources of the municipality in the best interests of the local community;
b) provide, without favour or prejudice, democratic and accountable government;
c) encourage the involvement of the local community;
d) strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner;
e) consult the local community about-
i) the level, quality, range and impact of municipal services provided by the municipality, either directly or through another service provider; and
ii) the available options for service delivery;
f) give members of the local community equitable access to the municipal services to which they are entitled;
g) promote and undertake development in the municipality;
h) promote gender equity in the exercise of the municipality’s executive and legislative authority;
i) promote a safe and healthy environment in the municipality; and
j) contribute, together with other organs of state, to the progressive realisation of the fundamental rights contained in sections 24, 25, 26, 27 and 29 of the Constitution.

 

3) A municipality must in the exercise of its executive and legislative authority respect the rights of citizens and those of other persons protected by the Bill of Rights.