Who does what: water, power, roads, refuse, housing and policing
Your councillor answers for some services and not others. The Constitution sets out which sphere of government is responsible for what. Here is a plain guide, and how it plays out in Emfuleni.
By Staff Reporter · Published
As at 5 November 2026.
Knowing who is responsible for a service helps you complain to the right office. It also helps you judge which election promises a council can actually keep.
Two schedules to the Constitution, Schedule 4 Part B and Schedule 5 Part B, list the matters on which municipalities have executive authority. A municipality can also run other matters that national or provincial government assigns to it.1,2,3
Municipal: your council’s job
| Service | Where it comes from |
|---|---|
| Water and sanitation (drinking water supply and domestic waste-water and sewage systems) | Schedule 4B2 |
| Electricity and gas reticulation (local distribution) | Schedule 4B2 |
| Refuse removal, refuse dumps and solid waste disposal | Schedule 5B3 |
| Municipal roads, street lighting, traffic and parking | Schedule 5B3 |
| Storm-water systems in built-up areas | Schedule 4B2 |
| Municipal planning and building regulations | Schedule 4B2 |
| Firefighting services and municipal health services | Schedule 4B2 |
| Municipal public transport | Schedule 4B2 |
| Cemeteries, funeral parlours and crematoria | Schedule 5B3 |
Outside the metros, some of these functions sit with the district municipality, such as Sedibeng, rather than with the local council. Examples include municipal health services and district-wide fire fighting. The provincial MEC can adjust that split.4
Provincial and national: not your council’s job
| Service | Who is responsible | Source |
|---|---|---|
| Housing | National and provincial government (a shared function) | Schedule 4A2 |
| Health services such as clinics and hospitals | National and provincial | Schedule 4A2 |
| Schools | National and provincial | Schedule 4A2 |
| Public transport (beyond municipal public transport) | National and provincial | Schedule 4A2 |
| Provincial roads and traffic | Provincial | Schedule 5A3 |
| Policing | The national police service, with provincial oversight | Sections 205 and 2065 |
Housing. The Constitution says national and provincial government must assign a Schedule 4A or 5A matter to a municipality if it relates to local government, would be run most effectively locally and the municipality has the capacity to run it.1 Who processes housing applications in your area can therefore vary. Ask your ward councillor or the provincial human settlements office.
Policing. Police stations and detectives fall under the national police service. Provinces may monitor police conduct and oversee how effective the police are.5 The Constitution also allows national law to provide for municipal police services.5
How it plays out in Emfuleni
What the schedules say and what happens in practice can differ when a municipality is in trouble.
- Water and sanitation. In 2024, CoGTA told Parliament that the national Department of Water and Sanitation had invoked section 63 of the Water Services Act and assumed Emfuleni’s water and sanitation function.6 We could not confirm the current status of that takeover.
- Electricity. In February 2026, National Treasury told Parliament that Eskom was operating the electricity service on Emfuleni’s behalf under a court order, and that Eskom had imposed a subsequent Delivery Agency Agreement on the municipality.7
- Debt. Treasury reported that Emfuleni owed Eskom R7.74 billion (at 31 January 2026) and Rand Water R1.7 billion (at 31 December 2025), excluding current accounts.7
For more on what this means for the council’s money, read Emfuleni’s money: budgets, audits and section 139.
- Report a burst pipe, outage, pothole or missed refuse collection to the municipality first. Then tell your ward councillor. For how, see Ward and PR councillors.
- Report crime to SAPS. Complaints about police inefficiency can go to the provincial government, which may investigate them.5
- Measure promises against the schedules. A council candidate can lobby for houses, clinics or schools, but councils do not run them.2
- Series guide: How local government works: a Vaal guide for the 2026 elections and after
- Metros, districts and local municipalities explained
- Who does what: water, power, roads, refuse, housing and policing (you are here)
- Ward, PR and district ballots: how your vote becomes seats
- Ward and PR councillors: what yours can and can’t do
- Mayor, speaker, whip and municipal manager explained
- Hung councils and coalitions explained (coming soon)
- Emfuleni’s money: budgets, audits and section 139
- How to hold your council to account
- Constitution of the Republic of South Africa, Chapter 7: Local Government, section 156, Department of Justice
- Constitution, Schedule 4: Functional Areas of Concurrent National and Provincial Legislative Competence, gov.za
- Constitution, Schedule 5: Functional Areas of Exclusive Provincial Legislative Competence, gov.za
- Local Government: Municipal Structures Act 117 of 1998 (consolidated to 1 November 2022), sections 84 and 85, LawLibrary
- Constitution, Chapter 11: Security Services, sections 205 and 206, Department of Justice
- Minister of Cooperative Governance and Traditional Affairs, NCOP written reply to question CW64, Parliamentary Monitoring Group (6 September 2024)
- Minister of Finance, written reply to question NW20: Emfuleni Local Municipality, Parliamentary Monitoring Group (26 February 2026)
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