Intellectual Property Rights from Publicly Financed Research and
R 385
Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)Chapter 7 : Local Government156. 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. |
