Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 2 : Legal Nature and Rights and Duties of Municipalities4. Rights and duties of municipal councils |
| (1) | The council of a municipality has the right to— |
| (a) | govern on its own initiative the local government affairs of the local community; |
| (b) | exercise the municipality's executive and legislative authority, and to do so without improper interference; and |
| (c) | finance the affairs of the municipality by— |
| (i) | charging fees for services; and |
| (ii) | imposing surcharges on fees, rates on property and, to the extent authorised by national legislation, other taxes, levies and duties. |
| (2) | The council of a municipality, within the municipality's financial and administrative capacity and having regard to practical considerations, has the duty to— |
| (a) | exercise the municipality's executive and legislative authority and use the resources of the municipality in the best interests of the local community; |
| (b) | provide, without favour or prejudice, democratic and accountable government; |
| (c) | encourage the involvement of the local community; |
| (d) | strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner; |
| (e) | consult the local community about— |
| (i) | the level, quality, range and impact of municipal services provided by the municipality, either directly or through another service provider; and |
| (ii) | the available options for service delivery; |
| (f) | give members of the local community equitable access to the municipal services to which they are entitled; |
| (g) | promote and undertake development in the municipality; |
| (h) | promote gender equity in the exercise of the municipality's executive and legislative authority; |
| (i) | promote a safe and healthy environment in the municipality; and |
| (j) | contribute, together with other organs of state, to the progressive realisation of the fundamental rights contained in sections 24, 25, 26, 27 and 29 of the Constitution. |
| (3) | A municipality must in the exercise of its executive and legislative authority respect the rights of citizens and those of other persons protected by the Bill of Rights. |