The municipal council is the legislative authority of a municipality. It has the right to pass by-laws, budgets and policies to govern the local government affairs of its community, subject to national and provincial legislation. The council also elects the executive that oversees implementation (mayor plus committee).

The Constitution also requires that the three spheres of government engage with each other in co-operative government. Section 154 specifically requires national and provincial governments to support and strengthen the capacity of municipalities. Provincial departments of cooperative or local government monitor and support the work of local government.

There are Constitutional limitations to describe the extent to which other spheres of government can intervene when municipalities are unable to exercise their mandate. Section 139 of the Constitution limits the powers that provincial governments have to intervene in the affairs of local government. It says the provincial government can only intervene, or take over when it is clear that the local government has not done what it was supposed to do under the law.

DEVELOPMENTAL DUTIES OF MUNICIPALITIES

The key duties of a municipality are to:

• Structure and manage its administration, budgeting and planning processes to give priority to the basic needs of the community
• Promote the social and economic development of the community
• Participate in national and provincial development programmes

LAWS AND POLICIES THAT GOVERN LOCAL GOVERNMENT

Local government is governed by the:

• Municipal Demarcation Act 27 of 1998 sets out how the boundaries of municipalities and wards must be decided
• Municipal Structures Act 117 of 1998 sets out categories and types of municipalities and provides for elections and other matters
• Municipal Systems Act no 32 of 2000 sets out systems within which municipalities should operate and procedures that they should follow in their day-to-day operations
• Municipal Property Rates Act 2003 regulates the power of a municipality to impose rates on property; exclude certain properties from rating in the national interest; make provision for municipalities to implement a transparent and fair system of exemptions, reductions and rebates through their rating policies.
• Municipal Finance Management Act, 2004 provides for secure, sound and sustainable management of the financial affairs of municipalities.