VAN DER WESTHUIZEN J
municipalities to strive to achieve these objects.14 Section 153(a) provides that a
municipality must ―structure and manage its administration and budgeting and
planning processes to give priority to the basic needs of the community, and to
promote the social and economic development of the community‖.
Section 156
authorises municipalities to carry out their functions.15
[23] These provisions must be read with Chapter 3 of the Constitution. It enshrines
the principle of co-operative government.16
14
Section 152 provides:
―(1)
(2)
15
The objects of local government are—
(a)
to provide democratic and accountable government for local communities;
(b)
to ensure the provision of services to communities in a sustainable manner;
(c)
to promote social and economic development;
(d)
to promote a safe and healthy environment; and
(e)
to encourage the involvement of communities and community organisations
in the matters of local government.
A municipality must strive, within its financial and administrative capacity, to
achieve the objects set out in subsection (1).‖
The relevant subsections provide:
―(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.
...
(5)
16
A municipality has the right to exercise any power concerning a matter reasonably
necessary for, or incidental to, the effective performance of its functions.‖
Section 40 provides:
―(1)
In the Republic, government is constituted as national, provincial and local spheres of
government which are distinctive, interdependent and interrelated.
(2)
All spheres of government must observe and adhere to the principles in this Chapter
and must conduct their activities within the parameters that the Chapter provides.‖
10