Legislation in local government

Municipal Law: 10 laws that are important to municipalities

Posted on by CAN Team
 

Key Laws That Shape Local Government in South Africa

While all laws have an impact on local government, some pieces of legislation explicitly focus on municipalities and their functioning. Here’s an overview of some of the most significant laws governing local government.

1. The Constitution

The Constitution of South Africa is the foundation of all legislation, and any law found unconstitutional is unenforceable. Chapter 7, covering Sections 151 to 164, is dedicated to local government. It outlines the legal status, objectives, powers, responsibilities, and privileges of municipalities, making it essential reading for anyone interested in local governance.

2. Municipal Finance Management Act (MFMA)

The Local Government: Municipal Finance Management Act 56 of 2003 is designed to ensure sound and sustainable financial management within municipalities. It sets the framework for transparency, accountability, and effective financial governance in the local sphere.

3. Municipal Systems Act

The Local Government: Municipal Systems Act 32 of 2000 establishes core principles and mechanisms to enable municipalities to uplift local communities through efficient service delivery. Key features include:

  • Promoting community participation.
  • Ensuring universal access to essential services.
  • Providing frameworks for planning, performance management, and resource mobilization.
  • Empowering municipalities to address the needs of disadvantaged communities through equitable service tariffs and credit control policies.

4. Municipal Structures Act

The Local Government: Municipal Structures Act 117 of 1998 provides guidelines on municipal categories and types, their division of functions and powers, and their internal systems. It also regulates electoral systems, laying the foundation for democratic local governance.

5. Intergovernmental Relations Framework Act

The Intergovernmental Relations Framework Act 13 of 2005 creates a framework to promote cooperation among national, provincial, and local governments. It also provides mechanisms to resolve disputes between these spheres of government, ensuring smoother intergovernmental relations.

6. Municipal Demarcation Act

The Local Government: Municipal Demarcation Act 27 of 1998 establishes the criteria and procedures for determining municipal boundaries, overseen by an independent authority. This law is critical for ensuring fair and logical boundary demarcation.

7. Municipal Electoral Act

The Local Government: Municipal Electoral Act 27 of 2000 governs the conduct of municipal elections, ensuring free, fair, and transparent electoral processes at the local level.

8. The Electoral Act

The Electoral Act 73 of 1998 regulates elections for the National Assembly, provincial legislatures, and municipal councils. It plays a crucial role in ensuring consistency and fairness across all levels of governance.

9. Municipal Property Rates Act

The Local Government: Municipal Property Rates Act 6 of 2004 standardizes how municipalities impose property rates. It includes provisions for:

  • Fair valuation methods.
  • Transparent exemption and rebate systems.
  • Objections and appeals processes for property owners.

10. Organised Local Government Act

The Organised Local Government Act 52 of 1997 provides for the recognition of organizations representing municipalities at national and provincial levels. It outlines procedures for:

  • Participation in the National Council of Provinces.
  • Consultation with national and provincial governments.
  • Nominating members to the Financial and Fiscal Commission.
CAN Team