Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/67



Chapter 7—Local Government

promote the development of local government capacity to enable municipalities to perform their functions and manage their own affairs.

The national government, subject to section 44 , and the provincial governments have the legislative and executive authority to see to the effective performance by municipalities of their functions in respect of matters listed in Schedules  4  and  5  , by regulating the exercise by municipalities of their executive authority referred to in  section 156  (1).

Powers and functions of municipalities

A municipality has executive authority in respect of, and has the right to administer —

the local government matters listed in Part B of Schedule 4  and  Part B of Schedule 5  ; and any other matter assigned to it by national or provincial legislation.

A municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer.

Subject to section 151  (4), a by-law that conflicts with national or provincial legislation is invalid. If there is a conflict between a by-law and national or provincial legislation that is inoperative because of a conflict referred to in section 149 , the by-law must be regarded as valid for as long as that legislation is inoperative.

The national government and provincial governments must assign to a municipality, by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4  or  Part A of Schedule 5  which necessarily relates to local government, if —

that matter would most effectively be administered locally; and the municipality has the capacity to administer it.

A municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions.

Composition and election of Municipal Councils

A Municipal Council consists of —

members elected in accordance with subsections (2), (3), (4) and (5); or if provided for by national legislation —

members appointed by other Municipal Councils to represent those other Councils; or both members elected in accordance with paragraph (a) and members appointed in accordance with subparagraph (i) of this paragraph.