Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 1 : Interpretation1. Definitions |
In this Act, unless inconsistent with the context—
means a municipal service that is necessary to ensure an acceptable and reasonable quality of life and, if not provided, would endanger public health or safety or the environment;
in relation to a municipal entity, means the board of directors of the entity;
[Definition inserted by section 1(a) of Act No. 44 of 2003]
means legislation passed by the council of a municipality binding in the municipality on the persons to whom it applies;
in relation to municipalities, means a category A, B or C municipality envisaged in section 155(1) of the Constitution;
means a citizen of the Republic as envisaged in section 3 of the Constitution;
in relation to—
| (a) | a councillor, means the Code of Conduct set out in Schedule 1; and |
| (b) | a staff member of a municipality, means the Code of Conduct set out in Schedule 2; |
means a member of a municipal council;
| (a) | in relation to a delegation of a power or duty by a municipal council, means the municipal council; or |
| (b) | in relation to a subdelegation of a power or duty by another political structure, or by a political office bearer, councillor or staff member of a municipality, means that political structure, political office bearer, councillor or staff member; |
in relation to a duty, includes an instruction to perform the duty, and "delegate" has a corresponding meaning;
means sustainable development, and includes integrated social, economic, environmental, spatial, infrastructural, institutional, organisational and human resources upliftment of a community aimed at —
| (a) | improving the quality of life of its members with specific reference to the poor and other disadvantaged sections of the community; and |
| (b) | ensuring that development serves present and future generations; |
means a category C municipality envisaged in section 155(1)(c) of the Constitution;
in relation to a private company, means the power which a shareholder in the private company may have—
| (a) | to appoint or remove at least the majority of the board of directors of the private company; or |
| (b) | to control at least the majority of the voting rights at a general meeting of the private company; |
[Definition inserted by section 1(b) of Act No. 44 of 2003]
in relation to the provision of a municipal service, means the provision of a municipal service in a manner aimed at ensuring that—
| (a) | the risk of harm to the environment and to human health and safety is minimised to the extent reasonably possible under the circumstances; |
| (b) | the potential benefits to the environment and to human health and safety are maximised to the extent reasonably possible under the circumstances; and |
| (c) | legislation intended to protect the environment and human health and safety is complied with; |
in relation to a municipality, means the municipality's executive authority envisaged in section 156 of the Constitution, read with section 11 of this Act;
means an external mechanism referred to in section 76(b) which provides a municipal service for a municipality;
[Definition inserted by section 1(c) of Act No. 44 of 2003]
in relation to the provision of a municipal service, means the provision of a municipal service in a manner aimed at ensuring that the financing of that service from internal and external sources, including budgeted income, grants and subsidies for the service, is sufficient to cover the costs of—
| (a) | the initial capital expenditure required for the service; |
| (b) | operating the service; and |
| (c) | maintaining, repairing and replacing the physical assets used in the provision of the service; |
means a plan envisaged in section 25;
includes collective agreements in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995);
in relation to a municipality, means that body of persons comprising—
| (a) | the residents of the municipality; |
| (b) | the ratepayers of the municipality; |
| (c) | any civic organisations and non-governmental, private sector or labour organisations or bodies which are involved in local affairs within the municipality; and |
| (d) | visitors and other people residing outside the municipality who, because of their presence in the municipality, make use of services or facilities provided by the municipality, |
and includes, more specifically, the poor and other disadvantaged sections of such body of persons;
means a category B municipality envisaged in section 155(1)(b) of the Constitution;
means a member of a provincial Executive Council;
means the MEC responsible for local government in a province;
means the national Minister responsible for local government;
means a body established in terms of section 87;
[Definition inserted by section 1(d) of Act No. 44 of 2003]
means a municipal council referred to in section 157(1) of the Constitution;
means—
| (a) | a private company referred to in section 86B(1)(a); |
| (b) | a service utility; or |
| (c) | a multi-jurisdictional service utility; |
[Definition substituted by section 1(e) of Act No. 44 of 2003]
means the Local Government: Municipal Finance Management Act, 2003, and any regulations made under that Act;
[Definition inserted by section 1(f) of Act No. 44 of 2003]
when referred to as—
| (a) | an entity, means a municipality as described in section 2; and |
| (b) | a geographic area, means a municipal area determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998); |
means a person appointed in terms of section 54A;
[Definition substituted by section 1(a) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
means a service that a municipality in terms of its powers and functions provides or may provide to or for the benefit of the local community irrespective of whether—
| (a) | such a service is provided, or to be provided, by the municipality through an internal mechanism contemplated in section 76 or by engaging an external mechanism contemplated in section 76; and |
| (b) | fees, charges or tariffs are levied in respect of such a service or not; |
[Definition inserted by section 35(a) of Act No. 51 of 2002]
means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
means an organ of state functioning within the national sphere of government;
means the National Treasury established by section 5 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
[Definition inserted by section 1(g) of Act No. 44 of 2003]
means an organisation recognised in terms of section 2(1) of the Organised Local Government Act, 1997 (Act No. 52 of 1997), to represent local government nationally or provincially;
means an organ of state as defined in section 239 of the Constitution;
| (a) | in relation to a municipal entity which is a private company in respect of which effective control vests in a single municipality, means that municipality; |
| (b) | in relation to a municipal entity which is a private company in respect of which effective control vests in two or more municipalities collectively, means each of those municipalities; |
| (c) | in relation to a municipal entity which is a service utility, means the municipality which established the entity; or |
| (d) | in relation to a municipal entity which is a multi-jurisdictional service utility, means each municipality which is a party to the agreement establishing the service utility; |
[Definition inserted by section 1(h) of Act No. 44 of 2003]
in relation to a political party or structure thereof, means—
| (a) | the position of chairperson, deputy chairperson, secretary, deputy secretary or treasurer or an elected or appointed decision-making position of a political party nationally or in any province, region or other area in which the party operates; or |
| (b) | any position in the party equivalent to a position referred to in paragraph (a), irrespective of the title designated to the position; |
[Definition (a) substituted by section 1(b) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
[Definition deleted by section 1(i) of Act No. 44 of 2003]
means the speaker, executive mayor, deputy executive mayor, mayor, deputy mayor or a member of the executive committee as referred to in the Municipal Structures Act;
[Definition substituted by section 11 of Act No. 19 of 2008]
in relation to a municipality, means the council of the municipality or any committee or other collective structure of a municipality elected, designated or appointed in terms of a specific provision of the Municipal Structures Act;
means prescribe by regulation or guidelines in terms of section 120, and "prescribed" has a corresponding meaning;
means a company referred to in sections 19 and 20 of the Companies Act, 1973 (Act No. 61 of 1973);
[Definition inserted by section 1(j) of Act No. 44 of 2003]
means—
| (a) | immovable property registered in the name of a person, and includes a unit as defined in section 1 of the Sectional Titles Act, 1986 (Act No. 95 of 1986); or |
| (b) | a right registered against immovable property in the name of a person; |
[Definition inserted by section 35(b) of Act No. 51 of 2003]
means the official gazette of the province concerned;
means an organ of state functioning within the provincial sphere of government;
in relation to a municipality, means a person who is liable to the municipality for the payment of—
| (a) | rates on property in the municipality; |
| (b) | any other tax, duty or levy imposed by the municipality; or |
| (c) | fees for services provided either by the municipality or in terms of a service delivery agreement; |
means a registrar as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);
[Definition inserted by section 35(c) of Act No. 51 of 2003]
in relation to a municipality, means a person who is ordinarily resident in the municipality;
means an employee who performs duties in terms of an agreement between their employer and the relevant official in organ of state receiving the employee;
[Definition inserted by section 1(c) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
means the power of a municipality to regulate the provision of a municipal service by a service provider;
means an agreement between a municipality and an institution or person mentioned in section 76(b) in terms of which a municipal service is provided by that institution or person, either for its own account or on behalf of the municipality;
means a person or institution or any combination of persons and institutions which provide a municipal service;
means a body established in terms of section 86H;
[Definition substituted by section 1(k) of Act No. 44 of 2003]
in relation to a municipality, means the employees of the municipality, including the municipal manager;
includes any regulations made in terms of section 120;
in relation to municipalities, means a type of municipality envisaged in section 155(2) of the Constitution, and defined in Part 2 of Chapter 1 of the Municipal Structures Act.