Chapter 7: Local Government
provide municipal services in an equitable and sustainable manner.
(5) � Provincial legislation must determine the different types of municipality to be
established in the province.
(6) � Each provincial government must establish municipalities in its province in a
manner consistent with the legislation enacted in terms of subsections (2) and (3)
and, by legislative or other measures, must—
(a) � provide for the monitoring and support of local government in the province;
and
(b) � promote the development of local government capacity to enable
municipalities to perform their functions and manage their own affairs.
(6A) ......
[Sub-s. (6A) inserted by s. 1 of the Constitution Third Amendment Act of 1998 and deleted by s. 2 of
the Constitution Twelfth Amendment Act of 2005.]
(7) � The national government, subject to section 44, and the provincial governments
have the legislative and executive authority to see to the effective performance by
municipalities of their functions in respect of matters listed in Schedules 4 and 5, by
regulating the exercise by municipalities of their executive authority referred to in
section 156(1).
Powers and functions of municipalities
156. � (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.
(2) � A municipality may make and administer by-laws for the effective administration of
the matters which it has the right to administer.
(3) � Subject to section 151(4), a by-law that conflicts with national or provincial
legislation is invalid. If there is a conflict between a bylaw and national or provincial
legislation that is inoperative because of a conflict referred to in section 149, the
by-law must be regarded as valid for as long as that legislation is inoperative.
(4) � The national government and provincial governments must assign to a municipality,
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