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

Chapter 2 : Legal Nature and Rights and Duties of Municipalities

5. Rights and duties of members of local community
Purchase cart Previous page Return to chapter overview Next page

 

(1) Members of the local community have the right—
(a) through mechanisms and in accordance with processes and procedures provided for in terms of this Act or other applicable legislation to—
(i) contribute to the decision-making processes of the municipality; and
(ii) submit written or oral recommendations, representations and complaints to the municipal council or to another political structure or a political office bearer or the administration of the municipality;
(b) to prompt responses to their written or oral communications, including complaints, to the municipal council or to another political structure or a political office bearer or the administration of the municipality;
(c) to be informed of decisions of the municipal council, or another political structure or any political office bearer of the municipality, affecting their rights, property and reasonable expectations;
(d) to regular disclosure of the state of affairs of the municipality, including its finances;
(e) to demand that the proceedings of the municipal council and those of its committees must be—
(i) open to the public, subject to section 20;
(ii) conducted impartially and without prejudice; and
(iii) untainted by personal self-interest;
(f) to the use and enjoyment of public facilities; and
(g) to have access to municipal services which the municipality provides, provided the duties set out in subsection (2)(b) are complied with.

 

(2) Members of the local community have the duty—
(a) when exercising their rights, to observe the mechanisms, processes and procedures of the municipality;
(b) where applicable, and subject to section 97(1)(c), to pay promptly service fees, surcharges on fees, rates on property and other taxes, levies and duties imposed by the municipality;
(c) to respect the municipal rights of other members of the local community;
(d) to allow municipal officials reasonable access to their property for the performance of municipal functions; and
(e) to comply with by-laws of the municipality applicable to them.