Special Investigating Units and Special Tribunals Act, 1996
R 385
Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 3 : Functions and Powers11. 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. |
