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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Local Government: Municipal Systems Act, No. 32 of 2000

Long title


To provide for the core principles, mechanisms and processes that are necessary to enable municipalities to move progressively towards the social and economic upliftment of local communities, and ensure universal access to essential services that are affordable to all; to define the legal nature of a municipality as including the local community within the municipal area, working in partnership with the municipality’s political and administrative structures; to provide for the manner in which municipal powers and functions are exercised and performed; to provide for community participation; to establish a simple and enabling framework for the core processes of planning, performance management, resource mobilisation and organisational change which underpin the notion of developmental local government; to provide a framework for local public administration and human resource development; to empower the poor and ensure that municipalities put in place service tariffs and credit control policies that take their needs into account by providing a framework for the provision of services, service delivery agreements and municipal service districts; to provide for credit control and debt collection; to establish a framework for support,, monitoring and standard setting by other spheres of government in order to progressively build local  government into an efficient, frontline development agency capable of integrating the activities of all spheres of government for the overall social and economic upliftment of communities in harmony with their local natural environment; to provide for legal matters pertaining to local government; and to provide for matters incidental thereto.

Table of contents

SECTION TITLE

PREAMBLE

TABLE OF CONTENTS

CHAPTER 1. INTERPRETATION
1.  Definitions

CHAPTER 2. LEGAL NATURE AND RIGHTS AND DUTIES OF MUNICIPALITIES
2.  Legal nature
3.  Co-operative government
4.  Rights and duties of municipal councils
5.  Rights and duties of members of local community
6.  Duties of municipal administrations
7.  Exercise of rights and performance of duties

CHAPTER 3. MUNICIPAL FUNCTIONS AND POWERS
8.  General empowerment
9.  Assignment of functions or powers to municipalities generally by Acts of Parliament or provincial Acts [.....was entitled “Assignments initiated by the executive to municipalities generally”]
10.  Assignment of functions or powers to specific municipalities by acts of executive or by agreement [...was entitled “Assignments initiated by the executive to specific municipalities”]
10A. Funding and capacity building [...inserted by Act 2003_044_004]
11.  Executive and legislative authority
12.  Legislative procedures
13.  Publication of by-laws
14.  Standard draft by-laws
15.  Municipal code

CHAPTER 4. COMMUNITY PARTICIPATION
16.  Development of culture of community participation
17.  Mechanisms, processes and procedures for community participation
18.  Communication of information concerning community participation
19.  Public notice of meetings of municipal councils
20. Admission of public to meetings
21.  Communications to local community
21A. Documents to be made public [...inserted by Act 2003_044_005]
21B. Official website [...inserted by Act 2003_044_005]
22.  Regulations and guidelines

CHAPTER 5. INTEGRATED DEVELOPMENT PLANNING

Part 1. General
23.  Municipal planning to be developmentally oriented
24.  Municipal planning in co-operative government
25.  Adoption of integrated development plans

Part 2. Contents of integrated development plans
26.  Core components of integrated development plans ‘

Part 3. Process for planning, drafting, adopting and review of integrated development plans
27.  Framework for integrated development planning
28.  Adoption of process
29. Process to be followed
30. Management of drafting process
31. Provincial monitoring and support 15
32. Copy of integrated development plan to be submitted to MEC for local government
33. Ad hoc committees
34. Annual review and amendment of integrated development plan

Part 4. Miscellaneous
35. Status of integrated development plan
36. Municipality to give effect to integrated development plan
37. Regulations and guidelines

CHAPTER 6. PERFORMANCE MANAGEMENT
38. Establishment of performance management system
39. Development of performance management system
40. Monitoring and review of performance management system
41. Core components
42. Community involvement
43. General key performance indicators
44. Notification of key performance indicators and performance targets
45. Audit of performance measurements
46. Annual performance reports [...was entitled “Annual reports”]
47. Reports by MEC
48. Reports by Minister
49. Regulations and guidelines

CHAPTER 7. LOCAL PUBLIC ADMINISTRATION AND HUMAN RESOURCES

Part 1. Basic principles
50. Basic values and principles governing local public administration
51. Organisation of administration
52. Inconsistency with applicable labour legislation

Part 2. Political structures, political office bearers and roles
53. Roles and responsibilities
54. Code of Conduct for councillors
55. Municipal managers
56. Appointment of managers directly accountable to municipal managers
57. Employment contracts for municipal managers and managers directly accountable to municipal managers
58. [...repealed - was entitled “Remuneration of municipal managers and managers directly accountable to municipal managers”]

Part 3. Delegation system
59. Delegations
60. Certain delegations restricted to executive committees or executive mayors
61. Referral of matters to delegating authorities for decision
62. Appeals
63. Duty to report to delegating authorities
64. Withdrawal, amendment or lapsing of delegation or subdelegation
65. Review of delegations

Part 4. Staff matters
66. Staff establishments
67. Human resource development
68. Capacity building
69. Code of Conduct for municipal staff members
70. Code of Conduct to be provided to staff members and communicated to local community
71. Bargaining council agreement
71A. Participation of staff members in elections [...inserted by Act 2008_019_014]

Part 5. Miscellaneous
72. Regulations and guidelines

CHAPTER 8. MUNICIPAL SERVICES
73. General duty

Part 1. Service tariffs
74. Tariff policy
75. By-laws to give effect to policy
75A. General power to levy and recover fees, charges and tariffs [...inserted by Act 2002_051_039]

Part 2. Provision of services
76. Mechanisms for provision of services
77. Occasions when municipalities must review and decide on mechanisms to provide municipal services
78. Criteria and process for deciding on mechanisms to provide municipal services
79. Provision of services by municipality through internal mechanism
80. Provision of services through service delivery agreements with external mechanisms
81. Responsibilities of municipalities when providing services through service delivery agreements with external mechanisms
82. [...repealed by Act 2003_044_014 - was entitled “Municipal entities”]

Part 3. Service delivery agreements involving competitive bidding
83. Competitive bidding
84. Negotiation and agreement with prospective service provider
85. Establishment of internal municipal service districts
86. Policy framework for internal municipal service districts

Part 4A. Regulations and guidelines regarding municipal services
86A. Regulations and guidelines regarding municipal services [..inserted by Act 2003_044_017]

Part 4. Internal Municipal service districts [...was entitled “Municipal service districts”]

CHAPTER 8A. MUNICIPAL ENTITIES [...inserted by Act 2003_044_018]

Part 1. General provisions [...inserted by Act 2003_044_018]
86B. Kinds of municipal entities [...inserted by Act 2003_044_018]

Part 2. Private companies [...inserted by Act 2003_044_018]
86C. Establishment and acquisition of private companies [...inserted by Act 2003_044_018]
86D. Legal Status of private companies established by municipalities or in which municipalities hold interests [...inserted by Act 2003_044_018]
86E. Conditions precedent for establishing or acquiring interests in private companies [...inserted by Act 2003_044_018]
86F. Conditions precedent for co-owning of private companies [...inserted by Act 2003_044_018]
86G. Disposal of companies and equity interests in companies [...inserted by Act 2003_044_018]

Part 3. Service utilities [...inserted by Act 2003_044_018]
86H. Establishment [...inserted by Act 2003_044_018]
86I. Legal status of service utilities [...inserted by Act 2003_044_018]
86J. Conditions precedent for establishing service utilities [...inserted by Act 2003_044_018]
86K. Disestablishment of service utilities [...inserted by Act 2003_044_018]

Part 4. Multi-jurisdictional service utilities [...inserted by Act 2003_044_018]
87. Establishment of multi-jurisdictional service utilities [...was entitled “Establishment of multi-jurisdictional municipal service districts”]
88. Minister requesting establishment of multi-jurisdictional service utilities [...was entitled "Minister requesting establishment of multi-jurisdictional municipal service districts"]
89. Contents of agreements establishing multi-jurisdictional service utilities [...was entitled “Contents of agreements establishing multi-jurisdictional municipal service districts”]
90. Legal status of multi-jurisdictional service utilities [...was entitled “Legal status of governing bodies”]
91. [...repealed by Act 2003_044_023 - was entitled “Powers and duties of governing bodies of multi-jurisdictional municipal service districts”]
92. Control of multi-jurisdictional service utilities [...was entitled “Control of governing bodies of multi-jurisdictional municipal service districts”]
93. Termination of multi-jurisdictional service utilities [...was entitled “Termination of multi-jurisdictional municipal service districts”]

Part 5. Duties and responsibilities of parent municipalities [...was entitled "Regulations and Guidelines"]
93A. Duties of parent municipalities with respect to municipal entities [...inserted by Act 2003_045_026]
93B. Parent municipalities having sole control [...inserted by Act 2003_045_026]
93C. Parent municipalities having shared control [...inserted by Act 2003_045_026]
93D. Municipal representatives [...inserted by Act 2003_045_026]

Part 6. Governance of municipal entities [...inserted by Act 2003_045_026]
93E. Appointment of directors [...inserted by Act 2003_045_026]
93F. Disqualifications [...inserted by Act 2003_045_026]
93G.  Removal or recall of directors [...inserted by Act 2003_045_026]
93H. Duties of directors [...inserted by Act 2003_045_026]
93I. Meetings of board of directors [...inserted by Act 2003_045_026]
93J. Appointment of chief executive officer [...inserted by Act 2003_045_026]

Part 7. General [...inserted by Act 2003_045_026]
93K. Establishment of and acquisition of interests in corporate bodies disallowed [...inserted by Act 2003_045_026]
93L. Code of conduct for directors and members of staff of municipal entities [...inserted by Act 2003_045_026]
94. [...repealed - was entitled “Regulations and guidelines”]

CHAPTER 9. CREDIT CONTROL AND DEBT COLLECTION
95. Customer care and management
96. Debt collection responsibility of municipalities
97. Contents of policy
98. By-laws to give effect to policy
99. Supervisory authority
100. Implementing authority
101. Municipality’s right of access to premises
102. Accounts
103. Agreements with employers
104. Regulations and guidelines

CHAPTER 10. PROVINCIAL AND NATIONAL MONITORING AND STANDARD SETTING

Part 1. Provincial monitoring
105. Provincial monitoring of municipalities
106. Non-performance and maladministration

Part 2. National monitoring and standard setting
107. Furnishing of information
108. Essential national and minimum standards

CHAPTER 11. LEGAL MATTERS
109. Legal proceedings
109A. Legal representation for employees or councillors of municipality [...inserted by Act 2002_051_043]
110. Certain certificates to be evidence
111. Copy of Provincial Gazette as evidence
112. Prosecution of offences
113. Fines and bail
114. Time of notices and payments
115. Service of documents and process
116. Public servitudes
117. Custody of documents
118. Restraint on transfer of property

CHAPTER 12. MISCELLANEOUS
119. Offences and penalties
120. Regulations and guidelines
121. Amendment of legislation
122. Transitional arrangements
123. Phasing in of certain provisions of this Act
124. Short title and commencement
Sch. 1.  SCHEDULE 1. CODE OF CONDUCT FOR COUNCILLORS [s54]

1 Preamble

2 Definitions

3 General conduct of councillors

4 Attendance at meetings

5 Sanctions for non-attendance of meetings

6 Disclosure of interest

7 Personal gain

8 Declaration of interests

9 Full-time councillors

10 Rewards, gifts and favours

11 Unauthorised disclosure of information

12 Intervention in administration

12A Councillor in arrears [...inserted by Act 2002_051_045]

13 Council property

14 Duty of chairpersons of municipal councils

15 Breaches of Code

16 Application of Code to traditional leaders
Sch. 2. SCHEDULE 2. CODE OF CONDUCT FOR MUNICIPAL STAFF MEMBERS [s69]

1 Definitions

2 General conduct

3 Commitment to serving the public interest

4 Personal gain

5 Disclosure of benefits

6 Unauthorised disclosure of information

7 Undue influence

8 Rewards, gifts and favours

9 Council property

10 Payment of arrears

11 Participation in elections

12 Sexual harassment

13 Reporting duty of staff members

14 Breaches of Code

14A Disciplinary steps [...inserted by Act 2003_045_029]
Sch. 3. SCHEDULE 3. LEGISLATION.AMENDED [s121]

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