VAN DER WESTHUIZEN J
section 8(2) ―[a] municipality has the right to do anything reasonably necessary for, or
incidental to, the effective performance of its functions and the exercise of its
powers.‖ Section 11(3) provides for the exercise of legislative and executive authority
by municipalities through a number of means.22
[26] Finally, section 23(1) places an obligation on municipalities to ―undertake
developmentally-oriented planning‖ in order to ensure that they achieve the objects of
local government in section 152 of the Constitution, give effect to their developmental
duties in section 153 of the Constitution, and ―together with other organs of state
contribute to the progressive realisation of the fundamental rights contained in
sections . . . 25 [and] 26 . . . of the Constitution.‖ Section 73(1) places a general duty
on municipalities to give effect to the provisions of the Constitution and to ―give
priority to the basic needs of the local community; promote the development of the
local community; and ensure that all members of the local community have access to
at least the minimum level of basic services.‖
(3)
22
A municipality must in the exercise of its executive and legislative authority respect
the rights of citizens and those of other persons protected by the Bill of Rights.‖
These include:
―(a)
developing and adopting policies, plans, strategies and programmes, including setting
targets for delivery;
(b)
promoting and undertaking development;
...
(e)
implementing applicable national and provincial legislation and its by-laws;
...
(h)
preparing, approving and implementing its budgets;
...
(n)
doing anything else within its legislative and executive competence.‖
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