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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.