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WATER IS LIFE, SANITATION IS DIGNITY

Water Sector Policy Database (WSPD)

Policy Detail Information
Policy Name: Local Government: Municipal Systems Act 32 of 2000

Open Policy Document Open Policy Document
This document has been opened: 10 193 times to date.
Date Of Release: 20 Nov 2000
Date Of Expected Review:
Date Last Updated: 15 Aug 2008
Policy Type: Existing legislation
Policy Level: National
Department: Department of Cooperative Governance and Traditional Affairs
Contact Name: Switchboard
Phone Number: 012 334 0600
Fax Number: 012 334 0603
Email:
Directorate: Policy & Legislation
Contact Name: Switchboard
Phone Number: (012) 334 0600
Fax Number: (012) 334 0603
Email:
Topics covered:
Legislations Impacting on WS/WR
Policy Precis:

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.

Section Summary

  Section Number Section Heading Section Description
01 INTERPRETATION Definitions
02 LEGAL NATURE AND RIGHTS AND DUTIES OF MUNICIPALITIES Legal nature; Co-operative government; Rights and duties of municipal councils; Rights and duties of members of local community; Duties of municipal administrations; Exercise of rights and performance of duties
03 MUNICIPAL FUNCTIONS AND POWERS General empowerment; Assignments of functions or powers to municipalities generally by national or provincial legislation; Assignments of functions or powers to specific municipalities by acts of executive or by agreement; Funding and capacity building; Executive and legislative authority; Legislative procedures; Publication of by-laws; Standard draft by-laws; Municipal code.
04 COMMUNITY PARTICIPATION Development of culture of community participation; Mechanisms, processes and procedures for community participation; Communication of information concerning community participation; Public notice of meetings of municipal councils; Admission of public to meetings; Communications to local community; Documents to be made public; Official website; Regulations and guidelines.
Public notice of meetings of municipal councils
Admission of public to meetings
Communications to local community
Regulations and guidelines
05 INTEGRATED DEVELOPMENT PLANNING Part 1 contains General provision concerning: Municipal planning to be developmentally oriented; Municipal planning in co-operative government; Adoption of integrated development plans. Part 2 deals with the contents of integrated development plans and in particular the core components of integrated development plans. Part 3 deals with the process for planning, drafting, adopting and review of integrated development plans including: Framework for integrated development planning; Adoption of process; Process to be followed; Management of drafting process; Provincial monitoring and support; Copy of integrated development plan to be submitted to MEC for local government; Ad hoc committees; Annual review and amendment of integrated development plan. Finally, Part 4 deals with miscellaneous provisions including Status of integrated development plan; Municipality to give effect to integrated development plan; and Regulations and guidelines
06 PERFORMANCE MANAGEMENT Establishment of performance management system; Development of performance management system; Monitoring and review of’ performance management system; Core components; Community involvement; General key performance indicators; Notification of key performance indicators and performance targets; Audit of performance measurements; Annual performance reports; Reports by MEC; Reports by Minister; Regulations and guidelines.
07 LOCAL PUBLIC ADMINISTRATION AND HUMAN RESOURCES Part 1 deals with basic principles: Basic values and principles governing local public administration; Organisation of administration; Inconsistency with applicable labour legislation. Part 2 deals with political structures, political office bearers and roles: Roles and responsibilities; Code of Conduct for councillors; Municipal managers; Appointment of managers directly accountable to municipal managers; Employment contracts for municipal managers and managers directly accountable to municipal managers. Part 3 deals with the Delegation system: Delegations; Certain delegations restricted to executive committees or executive mayors; Referral of matters to delegating authorities for decision; Appeals; Duty to report to delegating authorities; Withdrawal, amendment or lapsing of delegation or subdelegation; Review of delegations. Part 4 deals with staff matters: Staff establishments; Human resource development; Capacity building; Code of Conduct for municipal staff members; Code of Conduct to be provided to staff members and communicated to local community; Bargaining council agreements. Part 5 deals with miscellaneous provisions: Regulations and guidelines
08 MUNICIPAL SERVICES This chapter begins with the general duties of municipalities concerning the provision of municipal services. Part 1 deals with service tariffs: Tariff policy; By-laws to give effect to policy;General power to Levy and recover fees, charges and tariffs. Part 2 deals with the provision of services Mechanisms for provision of services; Occasions when municipalities must review and decide on mechanisms to provide municipal services; Criteria and process for deciding on mechanisms to provide municipal services; Provision of services by municipality through internal mechanism; Provision of services through service delivery agreements with external mechanisms; Responsibilities of municipalities when providing services through service delivery agreements with external mechanisms. Part 3 deals with service delivery agreements involving competitive bidding : Competitive bidding; Negotiation and agreement with prospective service provider. Part 4 deals with municipal service districts: Establishment of internal municipal service districts; Policy framework for internal municipal service districts. Part 4A deals with regulations and guidelines regarding municipal services.
09 CREDIT CONTROL AND DEBT COLLECTION Customer care and management; Debt collection responsibility of municipalities; Contents of policy; By-laws to give effect to policy; Supervisory authority; Implementing authority; Municipality’s right of access to premises; Accounts; Agreements with employers; Regulations and guidelines.
10 PROVINCIAL AND NATIONAL MONITORING AND STANDARD SETTING Part 1 deals with provincial monitoring: Provincial monitoring of municipalities; Non-performance and maladministration. Part 2 deals with national monitoring and standard setting: Furnishing of information; Essential national and minimum standards.
11 LEGAL MATTERS Legal proceedings;legal representation for employees or councillors of municipality; Certain certificates to be evidence; Copy of Provincial Gazette as evidence; Prosecution of offences; Fines and bail; Time of notices and payments; Service of documents and process; Public servitude; Custody of documents; Restraint on transfer of property
12 MISCELLANEOUS Offences and penalties; Regulations and guidelines; Amendment of legislation; Transitional arrangements; Phasing in of certain provisions of this Act; Short title and commencement
08A MUNICIPAL ENTITIES Part 1 deal swith general provisions relating to the kinds of municipal entities. Part 2 deals with private companies and includes the following sections: Establishment and acquisition of private companies; Legal status of private companies established by municipalities or in which municipalities hold interests; Conditions precedent for establishing or acquiring interests in private companies; Conditions precedent for co-owning of private companies; Disposal of companies and equity interests in companies. Part 3 deals with service utilities under the following headings: Establishment; Legal status of service utilities; Conditions precedent for establishing service utilities; Disestablishment of service utilities. Part 4 deals with multi-jurisdictional service utilities under the following headings: Establishment of multi-jurisdictional service utilities; Minister requesting establishment of multi-jurisdictional service utilities; Contents of agreements establishing multi-jurisdictional service utilities; Legal status of multi-jurisdictional service utilities; Control of multi-jurisdictional service utilities; Termination of multi-jurisdictional service utilities. Part 5 deals with duties and responsibilities of parent municipalities including: Duties of parent municipalities with respect to municipal entities; Parent municipality having sole control; Parent municipalities having shared control; Municipal representatives. Part 6 deals with the governance of municipal entities under the following headings: Appointment of directors; Disqualifications; Removal or recall of directors; Duties of directors; Meetings of board of directors; Appointment of chief executive officer. Part 7 deals with the following general issues: Establishment of and acquisition of interests in corporate bodies disallowed; and Code of Conduct for directors and members of staff of municipal entity.
Schedule 1 CODE OF CONDUCT FOR COUNCILLORS Definitionsl General conduct of councillors; Attendance at meetings; Sanctions for non-attendance of meetings; Disclosure of interest; Personal gain; Declaration of interests; Full-time councillors; Rewards, gifts and favours; Unauthorised disclosure of information; Intervention in administration; Council property; Councillors in arrears; Duty of chairpersons of municipal councils; Breaches of Code; Application of Code to traditional leaders
Schedule 2 CODE OF CONDUCT FOR MUNICIPAL STAFF MEMBERS Definitions; General conduct; Commitment to serving the public interest; Personal gain; Disclosure of benefits; Unauthorised disclosure of information; Undue influence; Rewards, gifts and favours; Council property; Payment of arrears; Participation in elections; Sexual harassment; Reporting duty of staff members; Breaches of Code; and Disciplinary steps.
Schedule 3 LEGISLATION AMENDED

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