The Municipal Systems Act - Part 3

As indicated previously (see http://thecourier-diekoerier.blogspot.com/2011/09/municipal-systems-act-part-2.html) The Courier/Die Koerier will post excerpts from a summary of the Municipal Systems Act over the next few weeks. Here is Part 3, which deals with the rights and duties of municipal councils.

"The council of a municipality has the right to govern, on its own initiative, the local government affairs of the local community; and to exercise the municipality’s executive and legislative authority without interference. Municipal councils must respect the rights of citizens in the way in which they exercise their powers.

A municipal council may finance the affairs of the municipality by charging fees for services, imposing surcharges on fees or property rates, and (when allowed by national legislation) imposing surcharges on other taxes, levies and duties.

Municipal councils have duties as well as rights. These include the duties to

• exercise their powers and use their resources in the best interests of the local community;
• provide, without favour or prejudice, democratic and accountable government
• encourage the participation of the local community;
• ensure that municipal services are provided to the local community in an equitable, and financially and environmentally sustainable manner;
• promote development in the municipality;
• promote gender equity;
• promote a safe and healthy environment in the municipality; and
• contribute to the progressive realisation of the fundamental rights contained in the Constitution."