Constitution of the Western Cape, 1997/Chapter 5

by enacted by the Western Cape Provincial Parliament

Chapter 5

Local Government

Local Government in Western Cape

52.

(1)

The local sphere of government in the Western Cape consists of municipalities established in terms of the national Constitution. The ability or right of a municipality to exercise its powers or perform its functions may not be compromised or impeded.

(2)

The Western Cape government, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions.

(3)

The Western Cape government 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 of the national Constitution which necessarily relates to local government, if—

(a)

that matter would most effectively be administered locally; and

(b)

the municipality has the capacity to administer it.

(4)

Provincial legislation must provide for the publication and dissemination of draft provincial legislation that affects the status, institutions, powers or functions of local government, before it is introduced in the Provincial Parliament, in a manner that allows organised local government, municipalities and other interested persons an opportunity to make representations with regard to the draft legislation.

(5)

The Western Cape government must publish a municipal by-law in the official gazette of the Province upon request by the municipality.

Establishment of municipalities

53.

(1)

Provincial legislation must determine the different types of municipality to be established in the Western Cape, as defined by national legislation.

(2)

The Western Cape government must establish municipalities in the Western Cape in a manner consistent with national legislation.

Monitoring of local government

54.

(1)

The Western Cape government must, by legislative or other measures—

(a)

provide for the monitoring and support of local government in the Western Cape; and

(b)

promote the development of local government capacity to enable municipalities to perform their functions and manage their own affairs.

(2)

The Western Cape government has the legislative and executive authority in terms of the national Constitution to see to the effective performance by municipalities of their functions in respect of matters listed in Schedules 4 and 5 of the national Constitution, by regulating the exercise by municipalities of their executive authority.