1. A municipality has all the functions and powers conferred by or assigned to it in terms of the Constitution, and must exercise them subject to Chapter 5 of the Municipal Structures Act.
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.

1. A Cabinet member or Deputy Minister initiating the assignment of a function or a power by way of national legislation to municipalities generally must, before the draft legislation providing for [he assignment is introduced in Parliament-
   
   1. consult the Minister, the national Minister of Finance and organised local government representing local government nationally;
   2. consider any assessment by the Financial and Fiscal Commission in terms of subsection (4); and
   3. publish the draft legislation in terms of section 154 (2) of the Constitution.
2. An MEC initiating the assignment of a function or a power by way of provincial legislation to municipalities in the province generally must, before the draft legislation providing for the assignment is introduced in the relevant provincial legislature-
   
   1. consult the MEC responsible for finance in the province, the MEC for local government in the province and organised local government representing local government in the province;
   2. consider any assessment by the Financial and Fiscal Commission in terms of subsection (4); and
   3. publish the draft legislation in terms of section 154 (2) of the Constitution.
3. The Cabinet member, Deputy Minister or MEC initiating the national or provincial legislation referred to in subsections (1) and (2), must take appropriate steps to ensure sufficient funding, and capacity building initiatives as may be needed, for the performance of the assigned function or power by the municipalities concerned if-
   
   1. the assignment imposes a duty on the municipalities concerned;
   2. that duty falls outside the functional areas listed in Part B of Schedule 4 or Part B of Schedule 5 to the Constitution or is not incidental to any of those functional areas; and
   3. the performance of that duty has financial implications for the municipalities concerned.
4. The Cabinet member, Deputy Minister or MEC initiating the national or provincial legislation referred to in subsections (1) and (2), must request the Financial and Fiscal Commission to make an assessment of the financial implications of the legislation.

1. A Cabinet member initiating the assignment of a function or a power to any specific municipality-
   
   1. by way of national legislation, must consult the Minister before the draft legislation providing for the assignment is introduced in Parliament; or
   2. by way of an agreement in terms of section 99 of the Constitution, must consult the Minister before the agreement is concluded.
2. An MEC initiating the assignment of a function or a power to any specific municipality-
   
   1. by way of provincial legislation, must consult the MEC for local government in the province before the draft legislation providing for the assignment is introduced in the relevant provincial legislature; or
   2. by way of an agreement in terms of section 126 of the Constitution, must consult the Minister before the agreement is concluded.
3. The Cabinet member or MEC initiating the legislation or agreement referred to in subsections (1) and (2), respectively, must take appropriate steps to ensure sufficient funding, and capacity building initiatives as may be needed, for the performance of the assigned function or power by the municipality concerned if-
   
   1. the assignment of the function or power imposes a duty on the municipality concerned;
   2. that duty falls outside the functional areas listed in Part B of Schedule 4 or Part B of Schedule 5 to the Constitution or is not incidental to any of those functional areas; and
   3. the performance of that duty has financial implications for the municipality concerned.

1. The executive and legislative authority of a municipality is exercised by the council of the municipality, and the council takes all the decisions of the municipality subject to section 59.
2. A municipality may exercise executive and legislative authority within its boundaries only, but may, by written agreement with another municipality and subject to Chapter 5 of the Municipal Structures Act and other applicable national legislation, exercise executive authority in the area of that other municipality.
3. A municipality exercises its legislative or executive authority by-
   
   1. developing and adopting policies, plans, strategies and programmed, including setting targets for delivery;
   2. promoting and undertaking development;
   3. establishing and maintaining an administration;
   4. administering and regulating its internal affairs and the local government affairs of the local community;
   5. implementing applicable national and provincial legislation and its by-laws;
   6. providing municipal services to the local community. or appointing appropriate service providers in accordance with the criteria and process set out in section 78;
   7. monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the municipality;
   8. preparing, approving and implementing its budgets;
   9. imposing and recovering rates, taxes, levies, duties, service fees and surcharges on fees, including setting and implementing tariff, rates and tax and debt collection policies;
   10. monitoring the impact and effectiveness of any services, policies, programmed or plans;
   11. establishing and implementing performance management systems;
   12. promoting a safe and healthy environment;
   13. passing by-laws and taking decisions on any of the above-mentioned matters; and
   14. doing anything else within its legislative and executive competence.
4. A decision taken by a municipal council or any other political structure of the municipality must be recorded in writing.

1. Only a member or committee of a municipal council may introduce a draft by-law in the council.
2. A by-law must be made by a decision taken by a municipal council-
   
   1. in accordance with the rules and orders of the council; and
   2. with a supporting vote of a majority of its members.
3. No by-law may be passed by a municipal council unless-
   
   1. all the members of the council have been given reasonable notice; and
   2. the proposed by-law has been published for public comment in a manner that allows the public an opportunity to make representations with regard to the proposed by-law.
4. Subsections (1) to (3) also apply when a municipal council incorporates by reference, as by-laws, provisions of-
   
   1. legislation passed by another legislative organ of state: or
   2. standard draft by-laws made in terms of section 14.

A by-law passed by a municipal council-

1. must be published promptly in the Provincial Gazette, and, when feasible, also in a local newspaper or in any other practical way to bring the contents of the by-law to the attention of the local community; and
2. takes effect when published or on a future date determined in or in terms of the by-law.

1. 1. The Minister, at the request of organised local government representing local government nationally, or after consulting the MECS for local government and organised local government, may by notice in the Gazette-
      
      1. make standard draft by-laws concerning any matter, including standard draft rules and orders referred to in section 160(6) of the Constitution, for which municipal councils may make by-laws; and
      2. amend any standard draft by-laws made in terms of subparagraph (i).
   2. Before making any standard draft by-laws or amendment in terms of paragraph the Minister must-
      
      1. publish the proposed standard draft by-laws or amendment in the Gazette for public comment; and
      2. consult the Cabinet member concerned if those standard draft by-laws or amendment affect that Cabinet member's area of responsibility.
2. 1. An MEC for local government, on request by organised local government representing local government in the province, or after consulting the Minister and organised local government, may by notice in the Provincial Gazette-
      
      1. make standard draft by-laws concerning any matter for which municipal councils in the province may make by-laws; and
      2. amend any standard draft by-laws made in terms of subparagraph (i)
   2. Before making any standard draft by-laws or amendment in terms of paragraph (a), the MEC must-
      
      1. publish the proposed standard draft by-laws or amendment in the Provincial Gazette for public comment; and
      2. consult the MEC concerned if those standard draft by-laws or amendment affect that MEC'S area of responsibility.
3. 1. A standard draft by-law or an amendment of a standard draft by-law is applicable in a municipality only if, and to the extent and subject to any modifications and qualifications, adopted by the council of that municipality.
   2. The repeal of a standard draft by-law after it has been adopted by a municipality does not affect the continuation of that by-law in that municipality.
4. If a municipal council intends to adopt a standard draft by-law with or without any modifications or qualifications, it must follow the procedure set out in section 12 (3) end, after adoption, publish the by-law in accordance with section 13.

1. A municipality must compile and maintain in bound or loose-leaf form, and when feasible also in electronic format, a compilation of all its by-laws, including any provisions incorporated by reference as by-laws of the municipality.
2. This compilation, to be known as the municipal code, must be-
   
   1. constantly updated and annotated; and
   2. kept at the municipality's head office as the municipality's official record of all applicable by-laws.
3. The municipality, at the request of a member of the public, must provide that person with a copy of or an extract from its municipal code against payment of a reasonable fee determined by the municipal council.