Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 3 : Municipal Functions and Powers

11. Executive and legislative authority

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(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 programmes, 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, programmes 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.