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 [.....Title amended by Act 2003_004_002_20040130 by way of unmarked omission and marked insertion - 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 [.....Title amended by Act 2003_004_002_20040130 by way of unmarked omission and marked insertion - was
entitled “Assignments initiated by the executive to
specific municipalities”] |
10A. |
Funding
and capacity building [...inserted
by
Act
2003_044_004_20040130] |
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. |
... [... repealed by Act
2021_003_037_20210601 - was entitled "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_20040130] |
21B. |
Official
website [...inserted
by
Act
2003_044_005_20040130] |
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 [...Title substituted by Act 2003_044_006_20040130 wef 2004/08/01 by way of unmarked omission and marked insertion - 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. |
... [... repealed by Act
2021_003_037_20210601 - was entitled "Code of conduct for councillors"] |
54A. |
Appointment of municipalmanagers and
acting
municipal managers [...inserted by Act
2011_007_002-20110705] |
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 by Act 2003_044_009_20040130
- 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 agreements [NOTE: Act 2000_032_000_20001120 Table of contents reflects title as "Bargaining council agreement"] |
71A. |
Participation
of staff members in
elections [...inserted
by Act 2008_019_014_20091013] |
71B. | Limitation of political rights [...inserted
by Act 2022_003_009_20220817] |
|
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_20021205] |
|
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_20040130 - 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_20040130] |
|
Part
4. Internal Municipal service
districts [...was
entitled “Municipal service districts”] |
|
CHAPTER
8A. MUNICIPAL ENTITIES [...inserted by
Act
2003_044_018_20040130] |
|
Part
1. General provisions [...inserted by
Act
2003_044_018_20040130] |
86B. |
Kinds
of municipal entities [...inserted by
Act
2003_044_018_20040130] |
|
Part
2. Private companies [...inserted by
Act
2003_044_018_20040130] |
86C. |
Establishment
and acquisition of private
companies [...inserted by
Act
2003_044_018_20040130] |
86D. |
Legal
Status of private companies established by municipalities or in which
municipalities hold interests [...inserted by
Act
2003_044_018_20040130] |
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_20040130] |
86G. |
Disposal
of companies and equity interests
in companies [...inserted by
Act
2003_044_018_20040130] |
|
Part
3. Service utilities [...inserted by
Act
2003_044_018_20040130] |
86H. |
Establishment [...inserted by
Act
2003_044_018_20040130] |
86I. |
Legal
status of service utilities [...inserted by
Act
2003_044_018_20040130] |
86J. |
Conditions
precedent for establishing
service utilities [...inserted
by
Act
2003_044_018_20040130] |
86K. |
Disestablishment
of service
utilities [...inserted
by Act
2003_044_018_20040130] |
|
Part
4. Multi-jurisdictional service
utilities [...inserted
by Act
2003_044_018_20040130] |
87. |
Establishment
of multi-jurisdictional service utilities [... Title substituted by Act 2003_044_019 by way of unmarked omission and marked insertion - was entitled
“Establishment
of multi-jurisdictional municipal service districts”] |
88. |
Minister
requesting establishment of multi-jurisdictional service utilities [... Title amended by Act 2003_044_020_20040130 - was
entitled "Minister requesting establishment of multi-jurisdictional
municipal service districts"] |
89. |
Contents
of agreements
establishing multi-jurisdictional service utilities [...Title amended by Act 2003_044_021_20040130 - was entitled
“Contents of agreements establishing multi-jurisdictional
municipal
service districts”] |
90. |
Legal
status of multi-jurisdictional
service utilities [...Title amended by Act 2003_044_022_20040130 - 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 [...Title amended by Act 2003_044_024_20040130 - was entitled
“Control of
governing bodies of multi-jurisdictional municipal service
districts”] |
93. |
Termination
of multi-jurisdictional service utilities [...Title amended by Act 2003_044_025_20040130 - was entitled
“Termination of
multi-jurisdictional municipal service districts”] |
|
Part
5. Duties and responsibilities of
parent municipalities [...Title inserted by Act 2003_044_026 - was
entitled
"Regulations
and Guidelines"] |
93A. |
Duties
of parent municipalities with
respect to municipal entities [...inserted by Act
2003_045_026_20040130] |
93B. |
Parent
municipalities having sole control [...inserted by Act
2003_045_026_20040130] |
93C. |
Parent
municipalities having shared
control [...inserted by Act
2003_045_026_20040130] |
93D. |
Municipal
representatives [...inserted by Act
2003_045_026_20040130] |
|
Part
6. Governance of municipal
entities [...inserted by Act
2003_045_026_20040130] |
93E. |
Appointment
of directors [...inserted by Act
2003_045_026_20040130] |
93F. |
Disqualifications [...inserted by Act
2003_045_026_20040130] |
93G. |
Removal
or recall of directors [...inserted by Act
2003_045_026_20040130] |
93H. |
Duties
of directors [...inserted by Act
2003_045_026_20040130] |
93I. |
Meetings
of board of directors [...inserted by Act
2003_045_026_20040130] |
93J. |
Appointment
of chief executive
officer [...inserted by Act
2003_045_026_20040130] |
|
Part
7. General [...inserted by Act
2003_045_026_20040130] |
93K. |
Establishment
of and acquisition of
interests in corporate bodies disallowed [...inserted by Act
2003_045_026_20040130] |
93L. |
Code
of conduct for directors and members
of staff of municipal entities [...inserted by Act
2003_045_026_20040130] |
94. |
... [...repealed
by Act
2003_044_027_20040130_20040130 - 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_20040130] |
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. |
...
[...
repealed by Act 2021_003_037_20210601 - was entitled 'SCHEDULE
1. CODE OF CONDUCT FOR
COUNCILLORS" [s54]
[... amended by Act 2022_003_013_20220817]**
|
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_20040130] |
Sch.
3. |
SCHEDULE
3. LEGISLATION.AMENDED [s121] |