Municipal Functions

01. Has Executive Authority

Performs a municipal function for or on behalf of a municipality, or acquired the management or use of the municipal property for its own commercial purposes, of performs both a municipal function for or on behalf of a municipality and acquired the management or use of the municipal property for its own commercial purposes.

• The local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 of the Local government
• Any other matter assigned to it by national or provincial legislation

02. Has the Right to Administer

A municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer

03. Regarded as Valid

Subject to section 151(4), a by-law that conflicts with national or provincial legislation is invalid. If there is a conflict between a by-law and national or provincial legislation that is inoperative because of a conflict referred to in section 149, the by-law must be regarded as valid for as long as that legislation is inoperative.

04. Must Assign to a Municipality

The national government and provincial governments must assign to a municipality, by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 which necessarily relates to local government, if

• That matter would most effectively be administered locally
• The municipality has the capacity to administer it

05. Has the Right to Exercise

A municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions.