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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.