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

Chapter 7 : Local Public Administration and Human Resources

Part 3 : Delegation system

59. Delegations

 

 

1) A municipal council must develop a system of delegation that will maximize administrative and operational efficiency and provide for adequate checks and balances, and, in accordance with that system, may-
a) delegate appropriate powers, excluding a power mentioned in section 160(2) of the Constitution and the power to set tariffs, to decide to enter into a service delivery agreement in terms of section 76(b) and to approve or amend the municipality’s integrated development plan, to any of the municipality’s other political structures, political office bearers, councillors, or staff members;
b) instruct any such political structure, political office bearer, councillor, or staff member to perform any of the municipality’s duties; and
c) withdraw any delegation or instruction.

 

2) A delegation or instruction in terms of subsection (1)-
a) must not conflict with the Constitution, this Act or the Municipal Structures Act;
b) must be in writing;
c) is subject to any limitations. conditions and directions the municipal council may impose;
d) may include the power to sub-delegate a delegated power;
e) does not divest the council of the responsibility concerning the exercise of the power or the performance of the duty; and
f) must be reviewed when a new council is elected or, if it is a district council, elected and appointed.

 

3) The municipal council-
a) in accordance with procedures in its rules and orders, may, or at the request in writing of at least one quarter of the councillors. must, review any decision taken by such a political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction, and either confirm, vary or revoke the decision subject to any rights that may have accrued to a person; and
b) may require its executive committee or executive mayor to review any decision taken by such a political structure, political office bearer, councilor or staff member in consequence of a delegation or instruction.