Powers & Functions

Constitutional Mandate

Chapter 7 of the Constitution of the Republic of South Africa, 1996 establishes local government as a distinctive sphere of government. Section 151 vests the legislative and executive authority of a municipality in its Municipal Council, and gives the Council the right to govern the local government affairs of its community on its own initiative, subject to national and provincial legislation.

Objects of Local Government (Section 152)

• To provide democratic and accountable government for local communities.
• To ensure the provision of services to communities in a sustainable manner.
• To promote social and economic development.
• To promote a safe and healthy environment.
• To encourage the involvement of communities and community organisations in the matters of local government.

Section 153 places developmental duties on the municipality: to structure and manage its administration, budgeting and planning processes so as to give priority to the basic needs of the community and to promote its social and economic development, and to participate in national and provincial development programmes.

Functional Areas

Section 156 of the Constitution gives a municipality executive authority over, and the right to administer, the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5, as well as any other matter assigned to it by national or provincial legislation. Council may make and administer by-laws for the effective administration of those matters.

Schedule 4 Part B Matters

• Building regulations
• Electricity and gas reticulation
• Firefighting services
• Local tourism
• Municipal airports
• Municipal planning
• Municipal health services
• Municipal public transport
• Stormwater management systems in built-up areas
• Trading regulations
• Water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems

Schedule 5 Part B Matters

• Cleansing and refuse removal, refuse dumps and solid waste disposal
• Local amenities, sport facilities and public places
• Municipal parks and recreation
• Municipal roads
• Street lighting and street trading
• Traffic and parking
• Cemeteries, funeral parlours and crematoria
• Licensing and control of undertakings that sell food to the public
• Public nuisances and noise pollution

Governing Legislation

Matters Reserved for Council

Section 160(2) of the Constitution reserves certain functions for the Council itself — they may not be delegated to the Executive Mayor, a committee or an official.

• The passing of by-laws
• The approval of budgets
• The imposition of rates and other taxes, levies and duties
• The raising of loans