VAN DER WESTHUIZEN J
[25] These functions must be considered with reference to the functions and
responsibilities of municipalities set out in the Local Government: Municipal Systems
Act20 (Municipal Systems Act). Section 1 defines ―basic municipal services‖ as ―a
municipal service that is necessary to ensure an acceptable and reasonable quality of
life and, if not provided, would endanger public health or safety or the environment‖.
Section 4 provides for the rights and duties of municipal councils. 21 According to
20
32 of 2000.
21
Section 4 provides:
―(1)
(2)
The council of a municipality has the right to—
(a)
govern on its own initiative the local government affairs of the local
community;
(b)
exercise the municipality‘s executive and legislative authority, and to do so
without improper interference; and
(c)
finance the affairs of the municipality by—
(i)
charging fees for services; and
(ii)
imposing surcharges on fees, rates on property and, to the extent
authorised by national legislation, other taxes, levies and duties.
The council of a municipality, within the municipality‘s financial and administrative
capacity and having regard to practical considerations, has the duty to—
(a)
exercise the municipality‘s executive and legislative authority and use the
resources of the municipality in the best interests of the local community;
(b)
provide, without favour or prejudice, democratic and accountable
government;
...
(e)
consult the local community about—
(i)
the level, quality, range and impact of municipal services provided
by the municipality, either directly or through another service
provider; and
(ii)
the available options for service delivery;
(f)
give members of the local community equitable access to the municipal
services to which they are entitled;
(g)
promote and undertake development in the municipality;
...
(j)
contribute, together with other organs of state, to the progressive realisation
of the fundamental rights contained in sections 24, 25, 26, 27 and 29 of the
Constitution.
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