Learn About Municipal Systems Act 32 of 2000 Now | South African Municipality Explained
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One of the legislative measures introduced by the South African parliament is the introduction of the Municipal Systems Act, which was signed into law in the year 2000.
The Municipal Systems Act regulate, amongst others,:
- Some of the key aspects of the municipality, including,
- municipal powers and duties,
- Rights and duties of municipal councils, as well as, Rights and duties of municipal councils of members of the community.
- Duties of municipal administrators.
Municipal Systems Act is divided into 12 chapters, namely;
Chapter 1, deals with Definitions And INTERPRETATION
Chapter 2, Deals With the Legal Nature of the Municipality. This chapter also outlines the Rights And Duties Of Municipal councils, members of local community. as well as, Duties of municipal administrators
Chapter 3, details the Functions and Powers of the Municipality. And How such Functions, and Powers are assigned to municipalities.
Chapter 4, provides for a process of community participation and how such community participation should be developed and executed.
Chapter 5. Provides that each municipal council must adopt a single, inclusive, and strategic plan, for the development of the municipality. This plan is called the integrated development plan. Otherwise known as the IDP. The IDP must integrate and co-ordinate all the municipality’s plans, and further, align with the resources and capacity of the municipality.
Chapter 6. requires Every municipality to establish a performance management system. The adopted performance management system must be suited to the municipality’s circumstances. The system must further include a process of how such system, will be monitored. audited. and reported on.
Chapter 7. focuses on the administration of the municipality including Roles and responsibilities of Political structures, political office bearers and municipal staff. This chapter also provides for the appointments of Municipal Managers as well as establishes a system of delegation.
Chapter 8. empowers municipalities with regards setting of fees, charges and tariffs.
The Municipal Systems Act also includes Chapter 8A, which governs the establishment of municipal entities.
Chapter 9. focuses on the regulations on the Customer care and management and Debt collection responsibility of municipalities. This chapter also empowers Municipality with a right of access to premises as well as the Establishment of by-laws to give effect to the Credit Control & Debt Collection Policy.
Chapter 10. empowers National and provincial government with a constitutional obligation to monitor and support local government.
Chapter 11. regulates and provides clarity on several legal issues relevant to local government.
Chapter 12. provides for MISCELLANEOUS aspects of the legislation such as:
Offences and penalties
Regulations and guidelines
Amendment of legislation
Transitional arrangements
Phasing in of certain provisions of this Act
NATIONAL REGULATIONS AND GUIDELINES
The Municipal Systems Act also gives the national Minister for local government the power to issue guidelines and make regulations on a range of issues mentioned in the Municipal Systems Act. These include:
• Community participation
• Integrated development planning
• Performance management systems
• Municipal public administration
• Service delivery:
• Credit control and debt collection
Code of Conduct
The Municipal Systems Act includes a Code of Conduct, which applies to municipal councillors as well as every staff member of a municipality.
The speaker of Council plays a pivotal role in the implementation of the Code of Conduct for councillors. And must ensure that every councillor receives a copy of the Code and that the Code is available wherever the council meets.
The municipal manager, on the other hand, must provide every staff member with a copy of the Code of Conduct, and any amendments to it. And must further ensure that the purpose, contents and consequences of the Code of Conduct are explained to staff members who cannot read.
Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with a professional. Specific issues, concerns and conditions always require the advice of an appropriate professional advisor. The use of the contained information is at the user's own discretion.
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