91. Powers and duties of governing bodies of multi-jurisdictional municipal service districts

  1. The governing body of a multi-jurisdictional municipal service district, in relation to the provision of the municipal service for which the district is established-
    1. may in terms of the delegation in the agreement establishing the governing body exercise any of the powers, a municipality may exercise for the proper provision of a service of the kind in question, subject to section 160(2) of the Constitution and any limitations. qualifications and directives set out in the agreement; and
    2. must in terms of the delegation perform all the duties a municipality must perform in terms of this Act or any other applicable legislation when providing a service of the kind in question. subject to any limitations, qualifications and directives set out in the agreement.
  2. In addition a governing body has the following powers, subject to any limitations, qualifications and directives set out in the agreement establishing the governing body:
    1. To determine its own staff establishment and appoint persons to posts on its staff establishment;
    2. to obtain the services of any person or entity to perform any specific act or function;
    3. to open a bank account;
    4. to acquire or dispose of any right in or to property;
    5. to insure itself against any loss, damage, risk or liability;
    6. to perform legal acts, or institute or defend any legal action in its own name;
    7. to do anything that is incidental to the exercise of any of its powers or duties; and
    8. to set, review and adjust tariffs within the policy framework approved by the participating municipalities.
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