1. A municipal council must develop a system of delegation that will maximize administrative and operational efficiency and provide for adequate checks and balances, and, in accordance with that system, may-
   
   1. delegate appropriate powers, excluding a power mentioned in section 160(2) of the Constitution and the power to set tariffs, to decide to enter into a service delivery agreement in terms of section 76(b) and to approve or amend the municipality's integrated development plan, to any of the municipality's other political structures, political office bearers, councillors, or staff members;
   2. instruct any such political structure, political office bearer, councillor, or staff member to perform any of the municipality’s duties; and
   3. withdraw any delegation or instruction.
2. A delegation or instruction in terms of subsection (1)-
   
   1. must not conflict with the Constitution, this Act or the Municipal Structures Act;
   2. must be in writing;
   3. is subject to any limitations. conditions and directions the municipal council may impose;
   4. may include the power to sub-delegate a delegated power;
   5. does not divest the council of the responsibility concerning the exercise of the power or the performance of the duty; and
   6. must be reviewed when a new council is elected or, if it is a district council, elected and appointed.
3. The municipal council-
   
   1. in accordance with procedures in its rules and orders, may, or at the request in writing of at least one quarter of the councillors. must, review any decision taken by such a political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction, and either confirm, vary or revoke the decision subject to any rights that may have accrued to a person; and
   2. may require its executive committee or executive mayor to review any decision taken by such a political structure, political office bearer, councilor or staff member in consequence of a delegation or instruction.

1. The following powers may, within a policy framework determined by the municipal council, be delegated to an executive committee or executive mayor only:
   
   1. decisions to expropriate immovable property or rights in or to immovable property; and
   2. the determination or alteration of the remuneration, benefits or other conditions of service of the municipal manager or managers directly responsible to the municipal manager.
2. The council may only delegate to an executive committee or executive mayor or chief financial officer decisions to make investments on behalf of the municipality within a policy framework determined by the Minister of Finance.

A political structure, political office bearer, councillor or staff member of a municipality to whom a delegating authority has delegated or sub-delegated a power to dispose of matters falling within the area of responsibility of that political structure, political office bearer, councillor or staff member may, or must if instructed to do so by the relevant delegating authority, refer a matter before the political structure, political office bearer, councillor or staff member to the relevant delegating authority for a decision.

1. A person whose rights are affected by a decision taken by a political structure, political office bearer, councillor or staff member of a municipality in terms of a power or duty delegated or sub-delegated by a delegating authority to the political structure, political office bearer, councillor or staff member, may appeal against that decision by giving written notice of the appeal and reasons to the municipal manager within 21 days of the date of the notification of the decision.
2. The municipal manager must promptly submit the appeal to the appropriate appeal authority mentioned in subsection (4).
3. The appeal authority must consider the appeal, and confirm, vary or revoke the decision, but no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.
4. When the appeal is against a decision taken by-
   
   1. a staff member other than the municipal manager, the municipal manager is the appeal authority;
   2. the municipal manager, the executive committee or executive mayor is the appeal authority, or, if the municipality does not have an executive committee or executive mayor, the council of the municipality is the appeal authority; or
   3. a politics structure or political office bearer, or a councillor-
      
      1. the municipal council is the appeal authority where the council comprises less than 15 councillors; or
      2. a committee of councillors who were not involved in the decision and appointed by the municipal council for this purpose is the appeal authority where the council comprises more than 14 Councillors.
5. An appeal authority must commence with an appeal within six weeks and decide the appeal within a reasonable period.

A political structure, political office bearer, councillor or staff member of a municipality to whom a delegating authority has delegated or sub-delegated a power or duty, must report to the delegating authority at such intervals as the delegating authority may require, on decisions taken in terms of that delegated or sub-delegated power or duty since the last report.

The withdrawal, amendment or lapsing of a delegation or subdelegation does not invalidate anything done as a consequence of a decision taken in terms of that delegation or sub-delegation.

1. Whenever it becomes necessary in terms of section 59(2)(f) to review a municipality's delegations, the municipal manager must submit to the council-
   
   1. a report on the existing delegations issued in terms of section 59 by the council and other delegating authorities of the municipality; and
   2. recommendations on tiny changes to the existing delegations which the municipal manager may consider necessary.
2. If the municipality has an executive committee or executive mayor, the municipal manager must submit the report and any recommendations to the municipal council through the executive committee or executive mayor.