11. Executive and legislative authority

  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.
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