The Constitution

Sections 40 and 41 of the Constitution require the three spheres of government (National, Provincial and Local) to co-operate with one another and adhere to the principles of co-operative government and inter- governmental relations.

Section 152 (1) of the Constitution sets out the objects of local government namely:

• To provide democratic and accountable government for local communities;

• To ensure the provision of services to the communities in a sustainable manner;

• To promote social and economic development;

• To promote a safe and healthy environment; and

• To encourage the involvement of communities and community organisations in the matters of local government.

Municipalities must therefore give effect to their developmental duty which requires them to structure and manage their administration, budgeting and planning processes in a manner that gives priority to the basic needs of the community whilst promoting social and economic development of the community. Municipalities must also participate in National and Provincial Development Programmes (Section 153). The powers and functions of municipalities are set out in Schedules 4B and 5B of the Constitution, and the application of these schedules to Bergrivier Municipality is elaborated on under Chapter 8 of this document.