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

Chapter 8 : Municipal Services

Purchase

(1)	An agreement establishing a multi-jurisdictional municipal service district must describe the rights, obligations and responsibilities of the participating municipalities and must-

(a)	determine the boundaries of the district;

(b)	identify the municipal service to be provided in terms of the agreement;

(c)	determine the mechanism that will provide the service in the district;

(d)	determine budgetary, funding and scheduling arrangements for implementation of the agreement;

(e)	provide for—

(i)	the establishment of a governing body for the multi-jurisdictional municipal service district;

(ii)	the appointment of representatives of the participating municipalities to the governing body, the filling of vacancies and the replacement and recall of representatives;

(iii)

the number of representatives appointed for each participating municipality, subject to subsection (2);

(iv)	the terms and conditions of appointment of those representatives;

(v)	the appointment of a chairperson;

(vi)	the operating procedures of the governing body;

(vii)

the delegation of powers and duties to the governing body consistent with section 92; and

(viii)

any other matter relating to the proper functioning of the governing body;

(f)	provide for—

(ix)	the acquisition of infrastructure, goods. services, supplies or equipment by the governing body, or the transfer of infrastructure. goods, services, supplies or equipment to the governing body;

(x)	the appointment of staff by the governing body, or the transfer or secondment of staff to the governing body in accordance with applicable labour legislation;

(xi)	the terms and conditions on which any acquisition. transfer. appointment or secondment is made; and

(g)	determine the conditions for, and consequences of, the withdrawal from the agreement of a participating municipality:

(h)	determine the conditions for, and consequences of, the termination of the agreement, including—

(i)	the method and schedule for winding-up the operations of the district;

(ii)	the distribution of the proceeds; and

(iii)

the allocation among the participating municipalities of any assets and liabilities.

(2)	A governing body must consist of between three and fifteen representatives.