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Table of Contents
Municipal Systems Act, 2000 (Act No. 32 of 2000)
Notice No. 1187 of 2000
Preamble
Chapter 1 : Interpretation
1. Definitions
Chapter 2 : Legal Nature and Rights and Duties of Municipalities
2. Legal nature
3. Co-operative government
4. Rights and duties of municipal councils
5. Rights and duties of members of local community
6. Duties of municipal administrations
7. Exercise of rights and performance of duties
Chapter 3 : Functions and Powers
8. General empowerment
9. Assignments initiated by the executive to municipalities generally
10. Assignments initiated by the executive to specific municipalities
11. Executive and legislative authority
12. Legislative procedures
13. Publication of by-laws
14. Standard draft by-law
15. Municipal code
Chapter 4 : Community Participation
16. Development of culture of community participation
17. Mechanisms, processes and procedures for community participation
18. Communication of information concerning community participation
19. Public notice of meetings of municipal councils
20. Admission of public to meetings
21. Communications to local community
22. Regulations and guidelines
Chapter 5 : Integrated Development Planning
Part 1 : General
23. Municipal planning to be developmentally oriented
24. Municipal planning in co-operative government
25. Adoption of integrated development plans
Part 2 : Contents of integrated development plans
26. Core components of integrated development plans
Part 3 : Process for planning, drafting, adopting and review of integrated development plan
27. Framework for integrated development planning
28. Adoption of process
29. Process to be followed
30. Management of drafting process
31. Provincial monitoring and support
32. Copy of integrated development plan to be submitted to MEC for local government
33. Ad hoc committees
34. Annual review and amendment of integrated development plan
Part 4 : Miscellaneous
35. Status of integrated development plan
36. Municipality to give effect to integrated development plan
37. Regulations and guidelines
Chapter 6 : Performance Management
38. Establishment of performance management system
39. Development of performance management system
40. Monitoring and review of performance management system
41. Core components
42. Community involvement
43. General key performance indicators
44. Notification of key performance indicators and performance targets
45. Audit of performance measurements
46. Annual reports
47. Reports by MEC
48. Reports by Minister
49. Regulations and guidelines
Chapter 7 : Local Public Administration and Human Resources
Part 1 : Basic principles
50. Basic values and principles governing local public administration
51. Organisation of administration
52. Inconsistency with applicable labour legislation
Part 2 : Political structures, political office bearers and roles
53. Roles and responsibilities
54. Code of Conduct for councillors
54A. Appointment of municipal managers and acting municipal managers
55. Municipal managers
56. Appointment of managers directly accountable to municipal managers
56A. Limitation of political rights of municipal managers and managers directly accountable to municipal managers
57. Employment contracts for municipal managers and managers directly accountable to municipal managers
57A. Employment of Dismissed Staff and Record of Disciplinary Proceedings
58. Remuneration of municipal managers and managers directly accountable to municipal managers
Part 3 : Delegation system
59. Delegations
60. Certain delegations restricted to executive committees or executive mayors
61. Referral of matters to delegating authorities for decision
62. Appeals
63. Duty to report to delegating authorities
64. Withdrawal, amendment or lapsing of delegation or subdelegation
65. Review of delegations
Part 4 : Staff matters
66. Staff establishments
67. Human resource development
68. Capacity building
69. Code of Conduct for municipal staff members
70. Code of Conduct to be provided to staff members and communicated to local community
71. Bargaining council agreements
Part 5 : Miscellaneous
72. Regulations and guidelines
Chapter 8 : Municipal Services
Part 1 : Service tariffs
73. General duty
74. Tariff policy
75. By-laws to give effect to policy
Part 2 : Provision of services
76. Mechanisms for provision of services
77. Occasions when municipalities must review and decide on mechanisms to provide municipal services
78. Criteria and process for deciding on mechanisms to provide municipal services
79. Provision of services by municipality through internal mechanism
80. Provision of services through service delivery agreements with external mechanisms
81. Responsibilities of municipalities when providing services through service delivery agreements with external mechanisms
82. Municipal entities
Part 3 : Service delivery agreements involving competitive bidding
83. Competitive bidding
84. Negotiation and agreement with prospective service provider
Part 4 : Municipal service districts
85. Establishment of internal municipal service districts
86. Policy framework for internal municipal service district
87. Establishment of multi-jurisdictional municipal service districts
88. Minister requesting the establishment of multi-jurisdictional municipal service distric
89. Contents of agreements establishing multi-jurisdictional municipal service districts
90. Legal status of governing bodies
91. Powers and duties of governing bodies of multi-jurisdictional municipal service distric
92. Control of governing bodies of multi-jurisdictional municipal service districts
93. Termination of multi-jurisdictional municipal service districts
Part 5 : Regulations and guidelines
94. Regulations and guidelines
Chapter 9 : Credit Control and Debt Collection
95. Customer care and management
96. Debt collection responsibility of municipalities
97. Contents of policy
98. By-laws to give effect to policy
99. Supervisory authority
100. Implementing authority
101. Municipality's right of access to premises
102. Amounts
103. Agreements with employers
104. Regulations and guidelines
Chapter 10 : Provincial and National Monitoring and Standard Setting
Part 1 : Provincial monitoring
105. Provincial monitoring of municipalities
106. Non-performance and mal-administration
Part 2 : National monitoring and standard setting
107. Furnishing of information
108. Essential national and minimum standards
Chapter 11 : Legal Matters
109. Legal proceedings
110. Certain certificates to be evidence
111. Copy of Provincial Gazette as evidence
112. Prosecution of offences
113. Fines and bail
114. Time of notices and payments
115. Service of documents and process
116. Public servitudes
117. Custody of documents
118. Restraint on transfer of property
Chapter 12 : Miscellaneous
119. Offences and penalties
120. Regulations and guidelines
121. Amendment of legislation
122. Transitional arrangements
123. Phasing in of certain provisions of this Act
124. Short title and commencement
Schedules
Schedule 1 : Code of Conduct for Councillors
Preamble
1. Definitions
2. General conduct of councillors
3. Attendance at meetings
4. Sanctions for non-attendance of meetings
5. Disclosure of interests
6. Personal gain
7. Declaration of interests
8. Full-time councillors
9. Rewards, gifts and favours
10. Unauthorised disclosure of information
11. Intervention in administration
12. Council property
13. Duty of chairpersons of municipal councils
14. Breaches of Code
15. Application of Code to traditional leaders
Schedule 2 : Code of Conduct for Municipal Staff Members
1. Definitions
2. General conduct
3. Commitment to serving the public interest
4. Personal gain
5. Disclosure of benefits
6. Unauthorised disclosure of information
7. Undue influence
8. Rewards, gifts and favours
9. Council property
10. Payment of arrears
11. Participation in elections
12. Sexual harassment
13. Reporting duty of staff members
14. Breaches of Code
Schedule 3 : Legislation Amended
Amendments
Part 1 : Service tariffs
Purchase
73. General duty
74. Tariff policy
75. By-laws to give effect to policy
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