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

Chapter 8 : Municipal Services

Part 4 : Municipal service districts

91. Powers and duties of governing bodies of multi-jurisdictional municipal service districts

 

 

1) The governing body of a multi-jurisdictional municipal service district, in relation to the provision of the municipal service for which the district is established-
a) may in terms of the delegation in the agreement establishing the governing body exercise any of the powers, a municipality may exercise for the proper provision of a service of the kind in question, subject to section 160(2) of the Constitution and any limitations. qualifications and directives set out in the agreement; and
b) must in terms of the delegation perform all the duties a municipality must perform in terms of this Act or any other applicable legislation when providing a service of the kind in question. subject to any limitations, qualifications and directives set out in the agreement.

 

2) In addition a governing body has the following powers, subject to any limitations, qualifications and directives set out in the agreement establishing the governing body:
a) To determine its own staff establishment and appoint persons to posts on its staff establishment;
b) to obtain the services of any person or entity to perform any specific act or function;
c) to open a bank account;
d) to acquire or dispose of any right in or to property;
e) to insure itself against any loss, damage, risk or liability;
f) to perform legal acts, or institute or defend any legal action in its own name;
g) to do anything that is incidental to the exercise of any of its powers or duties; and
h) to set, review and adjust tariffs within the policy framework approved by the participating municipalities.