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

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 7—Local Government

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(b)

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

(7)

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

156.

(1)

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

(a)

the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and

(b)

any other matter assigned to it by national or provincial legislation.

(2)

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

(3)

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.

(4)

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 —

(a)

that matter would most effectively be administered locally; and

(b)

the municipality has the capacity to administer it.

(5)

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

157.

(1)

A Municipal Council consists of —

(a)

members elected in accordance with subsections (2), (3), (4) and (5); or

(b)

if provided for by national legislation —

(i)

members appointed by other Municipal Councils to represent those other Councils; or

(ii)

both members elected in accordance with paragraph (a) and members appointed in accordance with subparagraph (i) of this paragraph.