Chapter 7: Local Government
Municipalities in co-operative government
154.
(1)
(2)
The national government and provincial governments, by legislative and other
measures, must support and strengthen the capacity of municipalities to manage
their own affairs, to exercise their powers and to perform their functions.
Draft national or provincial legislation that affects the status, institutions, powers
or functions of local government must be published for public comment before
it is introduced in Parliament or a provincial legislature, in a manner that allows
organised local government, municipalities and other interested persons an
opportunity to make representations with regard to the draft legislation.
Establishment of municipalities
155.
(1)
(2)
(3)
(4)
There are the following categories of municipality:
(a) Category A: A municipality that has exclusive municipal executive and
legislative authority in its area.
(b) Category B: A municipality that shares municipal executive and legislative
authority in its area with a category C municipality within whose area it falls.
(c) Category C: A municipality that has municipal executive and legislative
authority in an area that includes more than one municipality.
National legislation must define the different types of municipality that may be
established within each category.
National legislation must—
(a) establish the criteria for determining when an area should have a single
category A municipality or when it should have municipalities of both category
B and category C;
(b) establish criteria and procedures for the determination of municipal
boundaries by an independent authority; and
(c) subject to section 229, make provision for an appropriate division of powers
and functions between municipalities when an area has municipalities of
both category B and category C. A division of powers and functions between
a category B municipality and a category C municipality may differ from the
division of powers and functions between another category B municipality and
that category C municipality.
The legislation referred to in subsection (3) must take into account the need to
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