4. Rights and duties of municipal councils

  1. The council of a municipality has the right to-
    1. govern on its own initiative the local government affairs of the local community;
    2. exercise the municipality's executive and legislative authority, and to do so without improper interference; and
    3. finance the affairs of the municipality by-
      1. charging fees for services; and
      2. imposing surcharges on fees, rates on property and, to the extent authorised by national legislation. other taxes, levies and duties.
  2. The council of a municipality, within the municipality's financial and administrative capacity and having regard to practical considerations, has the duty to-
    1. exercise the municipality's executive and legislative authority and use the resources of the municipality in the best interests of the local community;
    2. provide, without favour or prejudice, democratic and accountable government;
    3. encourage the involvement of the local community;
    4. strive to ensure that municipal services are provided to the local community in a financially and environmentally sustainable manner;
    5. consult the local community about-
      1. the level, quality, range and impact of municipal services provided by the municipality, either directly or through another service provider; and
      2. the available options for service delivery;
    6. give members of the local community equitable access to the municipal services to which they are entitled;
    7. promote and undertake development in the municipality;
    8. promote gender equity in the exercise of the municipality's executive and legislative authority;
    9. promote a safe and healthy environment in the municipality; and
    10. contribute, together with other organs of state, to the progressive realisation of the fundamental rights contained in sections 24, 25, 26, 27 and 29 of the Constitution.
  3. 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.