Local Government Municipal Structures Act

This section is titled “Definitions,” but the provided text does not include any actual definition terms or rules.

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Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 117 of 1998
Version: Undated source snapshot
Language: en
Updated: 18 Dec 1998
Official source: View official record ↗

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This section is titled “Definitions,” but the provided text does not include any actual definition terms or rules. This provision labels section 2 as “Category A municipality.” This section concerns Category B and C municipalities. 5. Metropolitan areas Section 6 is titled “District management area” and appears under Part 2, “Types of municipality.”

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Provisions of Local Government Municipal Structures Act

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1
Definitions
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AI-assisted research summary: This section is titled “Definitions,” but the provided text does not include any actual definition terms or rules.

1. Definitions GOVERNMENT GME~E, 18 D~~m ~ LOCAL GOVERNMENT MUMCIPAL STRUCTU~S ACT. 1998 TABLE OF CONTENTS CHAPTER 1 CATEGORIES AND TYPES OF MUNICIPALITY Part 1: Categories of municipality

Part

Part 1: Categories of municipality

2
Category A municipality
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AI-assisted research summary: This provision labels section 2 as “Category A municipality.”

2. Category A municipality
3
Category B and C municipalities
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AI-assisted research summary: This section concerns Category B and C municipalities.

3. Category B and C municipalities
5
Metropolitan areas
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AI-assisted research summary: 5. Metropolitan areas

5. Metropolitan areas
6
District management area
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AI-assisted research summary: Section 6 is titled “District management area” and appears under Part 2, “Types of municipality.”

6. District management area Part 2: Types of municipality
2
An area must have a single category A municipality if that area can reasonably be
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AI-assisted research summary: An area must have a single category A municipality if it meets the listed municipal-planning and economic-structure criteria.

2. An area must have a single category A municipality if that area can reasonably be regarded as— (a) a conurbation featuring— (i) areas of high population density: (ii) an intense movement of people. goods. and services: (iii) extensive development: and (iv] multiple business districts and industrial areas; (lJ) a centre of economic activity with a complex and diverse economy: (c) a single area for which integrated development planning is desirable: and (d) having strong interdependent social and economic linkages between its constituent units. Areas which must have municipalities of both category C and B
3
An area that does not comply with the criteria set out in section 2 must have
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AI-assisted research summary: This section says areas that do not meet section 2 criteria must have category C and B municipalities, and it gives the Minister powers to decide, declare, and withdraw certain municipal area classifications.

3. An area that does not comply with the criteria set out in section 2 must have municipalities of both category C and category B. Application of criteria 5 10 15 ~o 25 4. (1) The Minister must apply the criteria set out in section 2 and determine whether an area in terms of the criteria must have a single category A municipality or whether it 30 must have municipalities of both category C and category B. (2) The Minister may determine that an area must have a category A municipality only after consultation with the MEC for local government in the province concerned, the Demarcation Board, SALGA and organised local government in the province, Declaration of metropolitan areas 35 5. (1) If the Minister determines that an area must have a single category A municipality, the Minister, by notice in the Government Gazette, must declare that area as a metropolitan area, (2) When declaring an area as a metropolitan area the Minister designates the area by identifying the nodal points of the area but must leave the determination of the outer 40 boundaries to the Dem~cation Bored, Parts of category C areas in which category B municipalities not viable 6. (1) If a part of an area that in terms of section 3 must have municipalities of both category C and category B, is declared in terms of subsection (2) as a district management area, that part does not have a category B municipality. 45 18 NO. 19614 Act No. 117, 1998 GOVERNME~ G~ETTE, 18 DECEMBER 1998 LOCAL GOVERNME~ MUNICEW STRUCWWS ACT, 1998 (2) The Minister, on the recommendation of the Demarcation Board and after consulting the MEC for local government in the province concerned, may declare a part of an area that must have municipalities of both category C and category B as a district management area if the establishment of a category B municipality in that part of the area will not be conducive to fulfillment of the objectives set out in section 24 of the 5 Demarcation Act. (3)(a) The Minister, on recommendation of the Demarcation Board and after consulting the MEC for local government in the province concerned, may by notice in the Go]ernmenf Gazette withdraw the declaration of an area as a district management area. (b) When such declaration is withdrawn, the MEC for local government in the province concerned must, with effect from the date of the next election of municipal councils— (i) establish a municipality for that area in terms of section 12: or (ii) include that area into another local municipalit~ in terms of section 16. 10 115 Part 2: Types of municipali~ General

Part

Part 2: Types of municipality

8
Types of category A municipalities
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AI-assisted research summary: This section is titled “Types of category A municipalities.”

8. Types of category A municipalities
9
Types of category B municipalities
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AI-assisted research summary: This section is titled “Types of category B municipalities.”

9. Types of category B municipalities
10
Types of category C municipalities
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AI-assisted research summary: Section title: Types of category C municipalities.

10. Types of category C municipalities
11
Determination of types
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AI-assisted research summary: Section 11 is titled “Determination of types” in Chapter 2 on establishment of municipalities.

11. Determination of types CHAPTER 2 ESTABLISHMENT OF MUNICIPALITIES

Part

CHAPTER 2

13
Guidelines for selecting types
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AI-assisted research summary: Section 13 is titled “Guidelines for selecting types.”

13. Guidelines for selecting types
14
Regulation of establishment
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AI-assisted research summary: Section heading: Regulation of establishment.

14. Regulation of establishment
15
Review and rationalisation of by-laws
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AI-assisted research summary: This section is about reviewing and rationalising by-laws.

15. Review and rationalisation of by-laws
16
Amendment of section 12 notices
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AI-assisted research summary: This section amends section 12 notices.

16. Amendment of section 12 notices
17
Repeal, amendment or replacement of section 12 notices
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AI-assisted research summary: This section concerns the repeal, amendment, or replacement of section 12 notices.

17. Repeal, amendment or replacement of section 12 notices CHAPTER 3 MUNIC~AL COUNCILS Part 1: Composition, membership, operation and dissolution
15
If an existing municipality is wholly or partially superseded by another
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AI-assisted research summary: When one municipality is replaced in whole or part by another, the new municipality must review and, if needed, rationalise the old municipality’s by-laws, regulations, resolutions, and standing delegations that still apply in the area.

15. If an existing municipality is wholly or partially superseded by another municipality in terms of section 14(1 ). the by-laws. regulations and resolutions 40 (including standing delegations) of the existing municipality, to the extent that the) continue to apply in the area or part of the area of the superseding municipality as provided for in section 14(2) (b)(i}!). must be reviewed and, where necessary. rationalised by the superseding municipality. Amendment of section 12 notices 45 16. (1) The MEC for local government in a province, by notice in the Prol;ncial Gazette, may amend a section 12 notice— (a) to change the municipality from its existing type to another type: (b) to alter the name of the municipality; —.,..,...,,,.., - 24 No, 19614 Act No. 117, 1998 GOVERNMENT GUE~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT, 1998 (c) subject to section 20, to alter the number of councillors, but only with effect from the next election of the municipal council; (d) to specify which councillors of the municipality (if any) may be designated as full-time in terms of section 18(4); (e) to give effect to any adjustments in the division of functions and powers in 5 terms of section 85 which affect the municipality; ~) to specify any provisions of this Act from which the municipality has been exempted in terms of section 91; (g) to give effect to any change in boundtiies; or (h) to further regulate the matters mentioned in section 14 after consulting all 10 affected municipalities. (2) Any amendment of a section 12 notice must be consistent with the provisions of this Act. (3) The MEC for local government must— (a) at the commencement of the process to amend a section 12 notice, give written 15 notice of the proposed amendment to organised local government in the province and any existing municipalities that may be affected by the amendment; (b) before publishing the amendment notice consult— (i) organised local government in the province: and (ii) the existing municipalities affected by the amendment; and (c) after such consultation publish particulars of the proposed notice for public ~o comment. Repeal, amendment or replacement of section 12 notices when boundaries are re-determined 25 17. (1) When the Demarcation Board in terms of the Demarcation Act re-determines a municipal boundary which affects the area of a municipality established in terms of section 12— (a) the provisions of sections 12 and 14 are applicable to the extent necessary to give effect to the re-determination; and (b) the MEC for local government in the province concerned must repeal, amend or replace the relevant section 12 notice as may be required in the circumstances. (2) Before repealing, amending or replacing any notice in terms of subsection (1 )(b). the MEC for local government must consult the affected municipalities. (3) Any repeal, amendment or replacement of a section 12 notice takes effect on a date mentioned in the notice, but if the number of councillors is changed section 16(1)(c) applies. CHAPTER 3 MUNICEAL COUNCILS 30 35 40 Part 1: Composition, membership, operation and dissolution Municipalities must have municipal councils 18, (1) Each municipality must have a municipal council. (2) A municiprd council must meet at least quarterly. (3) A municipal council consists of a number of councillors determined by the MEC 45 for local government in the province concerned by notice in the Provincial Gazette. (4) A municipality has the power to designate councillors determined by the MEC for local government as full-time, An MEC’S determination must be in accordance with a policy framework as maybe determined by the Minister after consulting the MECS for local government. 50 26 No. 19614 Act No. 117, 1998 GOVE-NT GWE~, 18 DECEMBER 1998 LOCAL GOVERNME~ MUNICFW STRUCTURES ACT, 1998 Municipal objectives 19. (1) A municipal council must strive within its capacity to achieve the objectives set out in section 152 of the Constitution. (2) A municipal council must annually review— (a) the needs of the community; (b) its priorities to meet those needs; (c) its processes for involving the community; (d) its organisational and delivery mechanisms for meeting the needs of the 5 community; and (e) its overall performance in achieving the objectives referred to in subsection 10 (1). (3) A municipal council must develop mechanisms to consult the community and community organisations in performing its functions and exercising its powers. Determination of number of councillors 20. ( 1 ) The number of councillors of a municipal council— 15 (a) must be detetined in accordance with a formula determined by the Minister by notice in the Government Gazette, which formula must be based on the number of voters registered on that municipality’s segment of the national common voters roll: (b) may not be fewer than three or more than 90 councillors, if it is a local or 20 district municipality: and (c) may not be more than 270 councillors. if it is a metropolitan municipality. (~) Different fomulae may be dete~ined in te~s of subsection (1 )(a) for the different categories of municipalities. (3) The MEC for local government in a province may deviate from the number of 25 councillors determined for a municipality in terms of subsection (1) by— (a) increasing the number of councillors if extreme distances, a lack of effective communication in the municipality or other exceptional circumstances render it necessary: or (b) decreasing the number of councillors if it is necessary to achieve the most 30 effective size for— (i) (ii) (iii) active participation by all councillors at council meetin&s; good and timely executive and legislative decisions; responsiveness and accountability of councillors, taking into account the possible use of modem communication techniques and facilities; or 35 the optimum use of municipal funds for councillor allowances and administrative support facilities. (iv) (4) A deviation in terms of subsection (3) may be no more than— (a) three of the number determined for the municipality in accordance with the subsection ( 1 )(a) formula, if 30 or fewer councillors have been determined for 40 the municipality in terms of the formula, provided that a council of fewer than seven may not be decreased; or (b) 10 percent of the number determined for the municipality in accordance with the subsection (1)(a) formula, if more than 30 councillors have been determined for the municipality in terms of the formula. 45 (5) The number of councillors determined for a district municipality in terms of subsections ( 1 ) to (4) must be increased by any number of councillors required to give effect to item 15(3) of Schedule 2. Qualifications for councillors 21. (1) Every citizen who is qualified to vote for a particular municipal council has the 50 right— (a) to. stand as a candidate in an election for that council, except a person disqualified in terms of section 158(1)(c) of the Constitution; and 28 No. 19614 Act No. 117, 1998 GOVERNMENT GUEnE. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 (b) if elected, to become and remain a councillor, except a person disqualified in terms of section 158(1 )(a), (c), (d) or (e) of the Constitution, (2) The MEC for local government in a province, by notice in the Provincial Gazette, may exempt a person from a disqualification mentioned in section 158( 1 )(a) of the Constitution to be a member of the municipal council concerned, but only when there is no substantial conflict of interest or any irreconcilable conflict between the duties of the person in the capacity as described in section 158(1 )(a) of the Constitution and the person’s mandate or duties as a member of the municipal council. 5 Election of metropolitan and local councils 22. (1) The council of a metropolitan or local municipality consists of councillors 10 elected in accordance with Schedule l— (a) by voters registered on that municipality’s segment of the national common voters roll, to proportionally represent the parties that contested the election in that municipality; and (b) by voters registered on that municipalitys segment of the national common voters roll in the respective wards in that municipality, to directly represent the wards. (~) The number of ward councillors in a metropolitan or local council refereed to in subsection (1)(b) must be equal to 50 per cent of the number of councillors determined for the municipality in terms of section 20. If the number of councillors determined in terms of section 20 is an uneven number. the fraction must be rounded off upwards. (3) The number of proportionally elected councillors in a metropolitan or local municipality referred to in subsection ( 1 )(a) is determined by subtracting the number determined in terms of subsection (2) from the number of councillors determined for the municipality in terms of section 20. (4) If a local municipality has no wards, all its councillors must be elected in accordance with subsection ( 1 )(a). Local municipalities with fewer than seven members have no wards. Election and appointment of district councils 23.(1 )~~- (a) (b) (c) ------” -c- “-a-’-’ ----”-’ -“ r L IIC CUUIIU1l U1 d UISlrlC[ mUnlClpall[y COnSISIS 01— councillors elected in accordance with Part 1 of Schedule 2 by voters registered on that municipality.s segment of the national common voters roll, to proportionally represent the parties that contested the election in that district municipality; councillors appointed in accordance with Schedule 2 by the councils of the respective local municipalities within that district municipality. to directly represent those local municipalities: and if the district municipality has a district management area, councillors elected in accordance with Part 1 of Schedule 2 by voters registered on that district municipality. s segment of the national common voters roll in that area, to proportionally represent the parties that contested the election in that area. (2) The number of councillors representing local municipalities and district management areas in a district council referred to in subsection (1)(b) and (c) must be— (a) equal to 60 per cent (fractions to be disregarded) of the number of councillors determined for the municipality in terms of section 20 before any increase in terms of section 20(5), plus the increase: and (b) allocated to the respective local councils and district management areas in accordance with Part 2 of Schedule 2, (3) The number of proportionally elected councillors referred to in subsection (1 )(a) is determined by subtracting the number determined in terms of subsection (2)(a) from the number of councillors determined for the municipality in terms of section 20, including any increase in terms of section 20(5), (4) A local council must appoint its representatives to the district council within 14 days after the result of the election of the local council has been declared. , 15 20 25 30 35 40 45 50 30 No. 19614 Act No. 117, 1998 GOVERNMENT G~EnE. 18 DECEMBER 1998 LOCAL GOVERNME~ MUNICIPAL STRUCTURES ACT. 1998 Term of municipal councils M.(1) The term of municipal councils is no more than five years as determined by the Minister by notice in the Government Gazette, calculated from the day following the date or dates set for the previous election of all municipal councils in terms of subsection (2). (2) Whenever necessary, the Minister. after consulting the Electoral Commission, must, by notice in the Government Gazette, call and set a date or dates for an election of all municipal councils. which must be held within 90 days of the date of the expiry of the term of municipal councils. The notice may be published either before or after the term of municipal councils expires in terms of subsection (1). By-elections 25. (1) A by-election must be held if— (a) the Electoral Commission does not declare the result of the election of a municipal council, or in a district management area, or in a ward, within the period specified in terms of the Electoral Act; (b) a court sets aside the election of a council. or in a district development area, or in a ward: (c) a council is dissolved: or (d) a vacancy in a ward occurs. (2) If the election in a specific ward is the reason why the Electoral Commission does not declare the result of the election of a metro or local council, a by-election must be held in that ward only. (3) The municipal manager of the municipality concerned, after consulting the Electordi Commission, must. by notice in a local newspaper. call and set a date or dates for the by-election. which must be held within 90 days of the date— (a) of the voting day or last voting day of the previous election, if subsection ( 1 )(a) applies; (b) on which the election was set aside by the court. if subsection (1 )(b) applies; (c) on which the council was dissolved. if subsection ( 1 )(c) applies: or (d) on which the vacancy occurred. if subsection ( 1 )(d) applies. (4) If the municipal manager of the municipality concerned does not call and set a date or dates for a by-election within 14 days of the applicable date referred to in paragraph (a), (b), (c) or (d) of subsection (3). the MEC for local government in the province. after consulting the Electoral Commission. must, by notice in the Provincial Ga:et[e, call and set a date or dates for the by-election. which must be held within 90 days of the applicable date. (5) The term of a municipal council is not interrupted by a by-election. (6) The municipal manager of a municipality may not call a by-election in terms of subsection (3) if— (a) the next election of all municipal councils must be held— (i) within nine calendar months of the applicable date mentioned in paragraph (a). (b) or (c) of subsection (3): or (ii) if it is a by-election in a ward, within six calendm months of the applicable date mentioned in paragraph (a), (b) or (d) of subsection (3); and (b) the MEC for local government in the province decides that the by-election must stand over until the next election of all municipal councils. (7) A by-election in a ward does not affect the representation of parties by councillors elected from party lists. Term of office of councillors 26. ( 1 ) A person— (a) is elected as a member of a municipal council for a period ending when the next council is declared elected: or 5 10 15 ~o 25 30 35 40 45 50 32 No. 19614 Act No. 117, 1998 GOVERNME~ GHE~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 (b) is appointed as a representative of a local council to a district council for a period ending when the next local council is declared elected. (2) A person assumes office as a councillor when declared elected or when appointed, as the case may be. Vacation of office

Part

Part 1: Composition, membership, operation and dissolution

18
Municipal councils
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AI-assisted research summary: Section 18 is titled “Municipal councils.”

18. Municipal councils
19
Municipal objectives
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AI-assisted research summary: This provision is titled “Municipal objectives.”

19. Municipal objectives
20
Number of councillors
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AI-assisted research summary: Section title: Number of councillors.

20. Number of councillors
21
Qualifications for councillors
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AI-assisted research summary: Section 21 is titled “Qualifications for councillors.”

21. Qualifications for councillors
22
Election of metro and local councils
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AI-assisted research summary: This section is titled “Election of metro and local councils.”

22. Election of metro and local councils
23
Election and appointment of district councils
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AI-assisted research summary: Section 23 concerns the election and appointment of district councils.

23. Election and appointment of district councils
24
Term of councils
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AI-assisted research summary: This section is about the term of councils.

24. Term of councils
26
Term of office of councillors
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AI-assisted research summary: This section is titled “Term of office of councillors.”

26. Term of office of councillors
27
Vacation of office
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AI-assisted research summary: This section is titled “Vacation of office,” but the provided text contains no operative rule.

27. Vacation of office
28
Privileges and immunities
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AI-assisted research summary: Section 28 is titled “Privileges and immunities.”

28. Privileges and immunities
30
Quorums and decisions
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AI-assisted research summary: This section is about quorums and decisions.

30. Quorums and decisions
31
Business of councils
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AI-assisted research summary: Section 31 is titled “Business of councils.”

31. Business of councils
32
Delegations of powers and duties
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AI-assisted research summary: Section 32 is titled “Delegations of powers and duties.”

32. Delegations of powers and duties
33
Criteria for committees
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AI-assisted research summary: Section title: Criteria for committees.

33. Criteria for committees
34
Dissolution of councils
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AI-assisted research summary: Section 34 is titled “Dissolution of councils.”

34. Dissolution of councils
35
Caret&er provisions
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AI-assisted research summary: 35. Caret&er provisions i} -=. 5 10 15 20 30 35 40 45 6 No. 19614 Act No. 117, 1998 GOVERNMENT GAZETTE, 18 D~ ; f’ :: ., . . , &,M. :.,J.,:, T..,7. ---- LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 Part 2: Speakers of municipal councils

35. Caret&er provisions i} -=. 5 10 15 20 30 35 40 45 6 No. 19614 Act No. 117, 1998 GOVERNMENT GAZETTE, 18 D~ ; f’ :: ., . . , &,M. :.,J.,:, T..,7. ---- LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 Part 2: Speakers of municipal councils 36, Election
27
A councillor vacates office during a term of office if that councillor—
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AI-assisted research summary: A councillor vacates office during the term if certain events happen, including resignation, loss of qualification, changing party membership in specified cases, removal under the Code of Conduct, or changes affecting district-council or ward representation.

27. A councillor vacates office during a term of office if that councillor— (a) resigns in writing; (b) is no longer qualified to be a councillor: (c) was elected from a party list referred to in Schedule 1 or 2 and ceases to be a member of the relevant party: 5 10 (d) contravenes a provision of the Code of Conduct for Councillors set out in Schedule 5 and is removed from office in terms of the Code: (e) is a representative of a local council in a district council and ceases to be a member of the local council which appointed that councillor to the district council or is replaced by the local council as its representative in the district 15 council; or (~) was elected to represent a ward and wh~ (i) used on the part of the ballot paper for wards the same distinguishing mark or symbol as a party which contested the election, and ceases to be a member of that party: or ~o (ii) did not use on the part of the ballot paper for wards the same distinguishing mark or symbol as a party which contested the election and becomes a member of a party. Privileges and immunities 28. ( 1 ) Provincial legislation in terms of section 161 of the Constitution must provide 2j at least— (a) that councillors have freedom of speech in a municipal council and in its committees, subject to the relevant council .s rules and orders as envisaged in section 160(6) of the Constitution: and (b) that councillors are not liable to civil or criminal proceedings, arrest. 30 imprisonment or damages for— (i) anything that they have said in. produced before or submitted to the council or any of its committees; or (ii) anythin& revealed as a result of anything that they have said in, produced before or submitted to the council or any of its committees. (~) Until provincial legislation contemplated in subsection (1) has been enacted the privileges referred to in paragraphs (a) and (b) of subsection ( 1 ) will appll to all municipal councils in the province concerned. 35 Meetings of municipal councils 29.( 1 ) The speaker of a municipal council decides when and where the council meets 40 subject to section 18(2). but if a majority of the councillors requests the speaker in writing to convene a council meeting, the speaker must convene a meeting at a time set out in the request. (2) The municipal manager of a municipality or. in the absence of the municipal manager. a person designated by the MEC for local government in the province. must 45 call the first meeting of the council of that municipality within 14 days after the council has been declared elected or, if it is a district council, after all the members to be appointed by local councils, have been appointed. Quorums and decisions 30. (1) A majority of the councillors must be present at a meeting of the council before 50 a vote may be taken on any matter. 34 No. 19614 Act No. 117, 1998 GOVERNMENT G~E~, 18 DECEMBER 1998 LOCAL GOVERNMENT M~CIPAL STRUCTURES ACT, 1998 (2) All questions concerning matters mentioned in section 160(2) of the Constitution are determined by a decision taken by a municipal council with a supporting vote of a majority of the councillors. (3) All other questions before a municipal council are decided by a majority of the votes cast, subject to section 34. (4) If on any question there is an equality of votes. the councillor presiding must exercise a casting vote in addition to that councillor’s vote as a councillor. (5) Before a municipal council takes a decision on any of the following matters it must first require its executive committee or executive mayor, if it has such a committee or mayor, to submit to it a report and recommendation on the matter— (a) any matter mentioned in section 160(2) of the Constitution; (b) the approval of an integrated development plan for the municipality, and any amendment to that plan; and (c) the appointment and conditions of service of the municipal manager and a head of a department of the municipality. Business of municipal councils 31. (1) A municipal council must conduct its business in an open manner. and may close its sittings, or authorise its committees to close their sittings. only when it is reasonable and justifiable to do so in an open and democratic society and having regard to the nature of the business which is conducted. (~) A municipal Counci] may m~e by-laws prescribing roles and orders for— (a) its internal arrangements: (b) its business and proceedings; and (c) the establishment. composition, procedures. powers and functions of its committees. Delegation to committees and other internal functionaries 5 10 15 ~o ?5 32. (1) A municipal council must develop a system of delegation that will maximise administrative and operational efficiency and provide for adequate checks and balances. and. in accordance with that system may— (a) delegate appropriate powers, excluding a power mentioned in section 160(2) 30 of the Constitution and the power to approve its integrated development plan. to its— (i) executive committee, if it has an executive committee; (ii) executive mayor, if it has an executive mayor: (iii) metropolitan subcouncils, if it has such subcouncils; (iv) ward committees. if it has ward cotittees: (v) other committees or elected office-bearers: and (vi) municipal manager or any of its other officials: 35 (b) instruct any such committee or functional to perform any of the councils duties: and (c) withdraw any dele&ation or instruction. (~) A delegation or lnstmction in terms of subsection ( 1> 40 (a) must be in accordance with the Constitution and this Act: (b) must be in writing; (c) is subject to any limitations, conditions and directions the municipal council 45 may impose; (d) may include the power to sub-delegate a delegated power: (e) does not divest the council of the responsibility concerning the exercise of the power or the performance of the duty; and (~) must be reviewed when a new council is elected or. if it is a district council, 50 elected and appointed. (3) The municipal council— 36 No. 19614 Act No. 117, 1998 GOVERNMENT GHETTE, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTUMS ACT, 1998 (a) (b) in accordance with procedures in its rules and orders, may, or at the request in writing of at least one quarter of the councillors, must, review any decision taken by a committee or functional in consequence of a delegation or instruction, and either confirm. vary or revoke the decision subject to any vested rights: and may require its executive committee or executive mayor to co- ordinate or review any decision taken by a committee or functionary in consequence of a delegation or instruction. 5 Criteria for establishment of committees

Part

Part 2: Speakers of municipal councils

39
Vacation of office
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AI-assisted research summary: 39. Vacation of office

39. Vacation of office
40
Removal from office
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AI-assisted research summary: Section heading: “Removal from office.”

40. Removal from office 41, Acting speakers f’ r CHAPTER 4 INTERNAL STRUCTUMS AND FUNCTIONARIES Part 1: Executive committees
37
The speaker of a municipal council—
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AI-assisted research summary: The speaker of a municipal council must preside over council meetings and ensure they are orderly, held at least quarterly, and run according to the council’s rules and the Code of Conduct.

37. The speaker of a municipal council— (a) (b) (c) (d) ((’) (i) pr&sides at meetings ‘of the council: performs the duties and exercises the powers delegated to the speaker in terms of section 32: must ensure that the council meets at least quarterly: must maintain order during meetings: must ensure compliance in the council and council committees with the Code of Conduct set out in Schedule 5: and must ensure that council meetings are conducted in accordance with the rules and orders of the council. Term of office of speakers
38
The speaker of a municipal council is elected for a teml ending, subject to section
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AI-assisted research summary: The speaker of a municipal council is elected for a term ending when the next council is declared elected, subject to section 39.

38. The speaker of a municipal council is elected for a teml ending, subject to section 39. when the next council is declared elected. Vacation of office
39
The speaker of a municipal council vacates office during a term if that person—
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AI-assisted research summary: A municipal council speaker vacates office during the term if they resign, are removed from office, or stop being a councillor.

39. The speaker of a municipal council vacates office during a term if that person— (aj resigns as speaker: (b) is removed from office: or (c) ceases to be a councillor. Removal from office 10 15 20 30
40
A municipal council by resolution may remove its speaker from office. Prior
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AI-assisted research summary: A municipal council may remove its speaker from office by resolution, and prior notice must be given before that motion is moved.

40. A municipal council by resolution may remove its speaker from office. Prior notice of an intention to move a motion for the removal of the speaker must be given. 35 Acting speakers
41
If the speaker of a municipal council is absent or not available to perform the
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AI-assisted research summary: If the speaker is absent, unavailable, or the office is vacant, the council must elect another councillor to act as speaker.

41. If the speaker of a municipal council is absent or not available to perform the functions of speaker, or during a vacancy. the council must elect another councillor to act as speaker. 40 No, 19614 Act No. 117, 1998 GOVERNMENT GHE~E. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 CHAPTER 4 INTERNAL STRUCTURES AND FUNCTIONARIES Part 1: Executive committees Only municipalities of certain types may estiblish executive committees 42. (1) Only municipalities of the types mentioned in sections 8(a), (b). (c) and (d). 5 9(a) and (b) and 10(a) may establish an executive committee. (2) If a municipality of a type referred to in subsection (1) chooses to establish an executive committee. the provisions of this Part apply. Composition of executive committees 43. (1) If the council of a municipality establishes an executive committee, it must 10 elect a number of councillors necessary for effective and efficient government. provided that no more than 20 per cent of the councillors or 10 councillors. whichever is the least. are elected. An executive committee may not have less than three members. (~) An executive committee must be composed in such a way that parties and interests represented in the municipal council are represented in the executive committee in 15 substantially the same proportion they are represented in the council. (3) A municipal council may determine any alternative mechanism for the election of an executive committee. provided it complies with section 160(8) of the Constitution. Functions and powers of executive committees 44. ( 1 ) An executive committee is— ~o (a) the principal committee of the council of a municipality of a type that is entitled to establish an executive committee: and (b) the committee of a municipal council which receives reports from the other committees of the council and which must forward these reports together with its recommendations to the council when it cannot dispose of the matter in 25 terms of its delegated powers. (2) The executive committee must— ~ a ) identif! the needs of the municipality: (b) review and evaluate those needs in order of priority: (c) recommend to the municipal council strategies. programmed and services to 30 address priority needs through the integrated development plan and estimates of revenue and expenditure. taking into account any applicable national and provincial development plans: and (d) recommend or determine the best methods. including partnership and other approaches. to deliver those strategies, programmed and services to the 35 maximum benefit of the community. (3) The executive committee in performing its duties must— (a) identify and develop criteria in terms of which progress in the implementation of the strategies. programmed and services referred to in subsection (2)fc) can be evaluated. including key performance indicators which are specific to the 40 municipality and common to local government in general; (b) evaluate progress against the key performance indicators; (c) review the performance of the municipality in order to improve— (i) the econom~. efficiency and effectiveness of the municipality; (ii) the efficiency of credit control and revenue and debt collection services; 45 and (iii) the implementation of the municipality’s by-laws: 42 No. 19614 Act No. 117, 1998 GOVERNMENT GHEfi, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 (d) monitor the management of the municipality.s administration in accordance with the policy directions of the municipal council: (ej oversee the provision of services to communities in the municipality in a sustainable manner: (f) perfo~ such duties and exercise such powers as the council may delegate to 5 it in terms of section 32: (g) annually report on the involvement of communities and community organisations in the affairs of the municipality: and (b) ensure that regard is given to public views and report on the effect of consultation on the decisions of the council. 10 (4) An executive committee must report to the municipal council on all decisions taken by the committee. Election of members of executive committees 4j. A municipal council must elect the members of its executive committee from among its members at a meeting that must be held— (a) within 14 days of the council .s election: or (1?) if it is a district council. within 14 days after the last of the local councils has 15 appointed its representatives to the district council. Term of office of members

Part

Part 1: Executive committees

44
Functions and powers
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AI-assisted research summary: Section heading for functions and powers, relating to election of members.

44. Functions and powers 4j. Election of members
48
Election of mayor
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AI-assisted research summary: This section is about the election of a mayor.

48. Election of mayor
49
Functions and powers of mayor
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AI-assisted research summary: Section title only: Functions and powers of mayor.

49. Functions and powers of mayor jO. Meetings
51
Procedures
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AI-assisted research summary: This section concerns procedures, quorum and decisions, and removal from office for executive mayors.

51. Procedures j2. Quorum and decisions j3. Removal from office Part 2: Executive mayors
46
The members of an executive committee are elected for a term ending. subject to 20
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AI-assisted research summary: This section sets rules for electing and replacing executive committee members, mayors, and deputy mayors, and says who may preside, meet, or act when offices are vacant.

46. The members of an executive committee are elected for a term ending. subject to 20 section 47. when the next municipal council is declared elected. Vacancies 47. ( 1 ) A member of an executive committee vacates office during a term if that nlember— (c~j resigns as a member of the executive committee: (17 J is removed from office as a member of the executive committee in terms of section 53: or (CJ ceases to be a councillor. (2) The filling of a vacanc> in an executile committee is subject to section 43. Election of mayors 48. ( 1 ) The municipal council must elect a member of its executive committee as the mayor and. if the MEC for local government in the province so approves, another member of the executive committee as the deputy mayor. of the municipality. (2) The election of a mayor and deputy mayor takes place when the executive committee is elected or when it is necessary to fill a vacancy. (3) The procedure set out in Schedule 3 applies to the election of a mayor and deputy mayor. 25 30 35 (4) A mayor and deputy mayor is elected for the duration of that person’s term as a member of the executive committee. but vacates office during a term if that person— (a) resigns as mayor or deputy mayor: (b) is removed from office as a member of the executive committee in terms of 40 section 53: or (c) ceases to be a member of the executive committee. (5) No person may hold office as mayor or deputy mayor for more than two consecutive terms. If a person is elected to fill a vacancy in the office of mayor or deputy 45 mayor. the period between that election and the next election of a mayor or deputy mayor is regarded as a te~. (6) A mayor whose two consecutive terms have expired, may not immediately after the expiry be elected as deputy mayor. M No. 19614 Act No. 117, 1998 GOVERNMENT G=E~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNtCFAL STRUCTURES ACT. 1998 Functions and powers of mayors 49. ( 1 ) The mayor of a municipality— (a) presides at meetings of the executive committee: and (b) performs the duties. including any ceremonial functions, and exercises the powers delegated to the mayor by the municipal council or the executive 5 committee. (2) The deputy mayor exercises the powers and performs the duties of the mayor if the mayor is absent or not available or if the office of the mayor is vacant. The mayor may delegate duties to the deputy mayor. Meetings of executive committees 10 50. (1) The mayor decides when and where the executive committee meets. but if a majority of the members requests the mayor in writing to convene a committee meeting, the mayor must convene a meeting at a time set out in the request. (2) If both the mayor and the deputy mayor are absent from a meeting, and there is a quorum, the members present must elect another member to preside at the meeting. 15 Procedures of executive committees
51
An executive committee. by resolution ttien with a supporting vote of a majority
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AI-assisted research summary: This provision sets rules for executive committees and executive mayors, including how they decide, when councils may remove members, how executive mayors are elected, and the duties and term limits of executive mayors.

51. An executive committee. by resolution ttien with a supporting vote of a majority of its members, may determine its own procedures subject to any directions and the rules and orders of the municipal council. Quorum and decisions 52. ( 1 ) A majority of the members of an executive committee constitutes a quorum for a meeting. (2) A question before the committee is decided if there is agreement among at least the majority of the members present at the meeting. (3) If on any question there is an equality of votes, the member presiding must 25 exercise a castin& vote in addition to that member’s vote as a member. Removal from office of executive committees 53. ( 1 ) A municipal council may. by resolution remove from office one or more or all the members of its executive committee, Prior notice of an intention to move a motion for the removal of members must be given. (2) If all the members of an executive committee are removed, a new election of members and the mayor and. if the municipality has a deputy mayor. the deputy mayor. must be held in terms of sections 45 and 48. respectively. (3) The election of a member or members of an executive committee followin& a removal from office in terms of this section, is subject to section 43. 30 35 Part 2: Executive mayors Only municipalities of certain types may elect executive mayors 54. (1) Only municipalities of the types mentioned in sections 8(e). (f), (g) and (h), 9(c) and (d) and 10(b) may have an executive mayor. (2) If a municipality of a type referred to in subsection (1) chooses to have an 40 executive mayor, the provisions of this Part apply. Election of executive mayors 55. (1) If a municipal council chooses to have an executive mayor it must elect an executive mayor and. if the MEC for local government in the province so approves, also an executive deputy mayor. from among its members at a meeting that must be held— 45 . T 46 No. 19614 Act No. 117, 1998 GOVERNMENT GWE~E, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICPAL STRUCTURES ACT. 1998 (a) within 14 days of the councils election; or (b) if it is a district council, within 14 days after the last of the local councils has appointed its representatives to the district council, (2) A vacancy in the office of executive mayor or executive deputy mayor must be filled when necessary. 5 (3) The procedure set out in Schedule 3 applies to the election of an executive mayor and executive deputy mayor. Functions and powers of executive mayors 56. ( 1 ) An executive mayor is entitled to receive reports from committees of the municipal council and to forward these reports together with a recommendation to the 10 council when the matter cannot be disposed of by the executive mayor in terms of the executive mayors delegated powers. (2) The executive mayor must— (a) (b) (c) (d) identify the needs of the municipality: review and e~raluate those needs in order of priorit): recommend to the municipal council strate&ies, programmed and services to address priority needs through the integrated development plan, and the estimates of revenue and expenditure. taking into account any applicable national and provincial development plans: and recommend or determine the best way. including partnership and other 20 approaches. to deliver those strategies: programnles and services to the maximum benefit of the community. -. 15 (3) The executive mayor in performing the duties of office, must— (a) identif} and develop criteria in ~erms of which progress in the implementation of the strategies. programtnes and services refe-rred to in subsection (2)(c) can 25 be evaluated. including key performance indicators which are specific to the municipality and common to local government in general: evaluate progress against the key performance indicators; review the performance of the municipality in order to improve— (i) the economy, efficiency and effectiveness of the municipality; (ii) the efficiency of credit control and revenue and debt collection services: 30 and (iii) the implementation of the municipality.s by-laws: monitor the management of the municipalit}. s administration in accordance with the directions of the municipal council: oversee the provision of services to communities in the municipality in a sustainable manner; perform such duties and exercise such powers as the council may delegate to the executive mayor in terms of section 32; annually report on the involvement of communities and community 40 organisations in the affairs of the municipality: and ensure that regard is given to public views and report on the effect of consultation on the decisions of the council. 35 (b) (c) (d) (e) (f) (g) (11) (4) An executive mayor must perform a ceremonial role as the municipal council may determine. (5) An executive mayor must report to the municipal council on all decisions taken by the executive mayor. (6) The deputy executive mayor of a municipality exercises the powers and performs the duties of the executive mayor if the executive mayor is absent or not available or if the office of the executive mayor is vacant, 45 50 Term of office of executive mayors 57. ( 1 ) An executive mayor and a deputy executive mayor— (a) must be elected for a term ending, subject to section 58, when the next council is declared elected; and 48 No. 19614 Act No. 117, 1998 GOVERNMENT GAZE~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 (b) may not serve as executive mayor or deputy executive mayor for more than two consecutive terms. When a person is elected to fill a vacancy in the office of executive mayor or deputy executive mayor. the period between that election and the next election of an executive mayor or deputy executive mayor is regarded as a term. (~) An executive mayor whose two consecutive terms have expired. may not 5 immediately after the expiry be elected as deputy executive mayor. Removal from office

Part

Part 2: Executive mayors

54
Types to elect
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AI-assisted research summary: Section titled “Types to elect” / “Election.”

54. Types to elect 5j. Election
56
Functions and powers
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AI-assisted research summary: Section title: Functions and powers.

56. Functions and powers
57
Term
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AI-assisted research summary: This section is about the term of office, removal from office, and vacation of office.

57. Term j8. Removal from office j9. Vacation of office
60
Mayoral committees
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AI-assisted research summary: This section is titled “Mayoral committees” and относится to Part 3 on Metropolitan subcouncils.

60. Mayoral committees Part 3: Metropolitan subcouncils
58
A municipal council, by resolution may remove its executive mayor or deput>
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AI-assisted research summary: A municipal council may remove its executive mayor or deputy executive mayor from office by resolution.

58. A municipal council, by resolution may remove its executive mayor or deput> executive mayor from office. Prior notice of an intention to move a motion for the 10 removal of the executive mayor or deputy executive mayor must be given. Vacation of office
59
An executive mayor or deputy executive mayor vacates office during a term if that
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AI-assisted research summary: An executive mayor or deputy executive mayor vacates office during the term if they resign, are removed, or stop being a councillor.

59. An executive mayor or deputy executive mayor vacates office during a term if that person— (a) resigns as executive mayor or deputy executive mayor; (b) is removed from office as executive mayor or deputy executive mayor: or (c) ceases to be a councillor, 15 Mayoral committees 60. ( 1 ) If a municipal council has more than nine members, its executive mayor— (a) must appoint a mayoral committee from among the councillors to assist the 20 executive mayor: (b) may delegate specific responsibilities to each member of the committee: (c) may delegate any of the executive mayor’s powers to the respective members: and (d) may dismiss a member of the mayoral committee. 25 (2) The mayoral committee must consist of the deputy executive mayor (if any) and as many councillors as may be necessary for effective and efficient government. provided that no more than 20 per cent of the councillors or 10 councillors. whichever is the least. are appointed. (3) Those of the executive mayors powers and functions as may be designated by the 30 municipal council. must be exercised and performed by the executive mayor together with the other members of the mayoral committee. (4) The members of a mayoral committee remain in office subject to subsection (5) and section 26, for the term of the executive mayor who appointed them. (5) If the executive mayor vacates office. the mayoral committee appointed b> that 35 executive mayor dissolves. Part 3: Metropolitan subcouncils Only metropolitan municipalities of certiin types may estiblish metropolitan subcouncils 61. (1) Only metropolitan municipalities of the types mentioned in section 8(b). (d). 40 (f) and (17) may establish metropolitan subcouncils, (2) If a metropolitan municipality of a type referred to in subsection (1) chooses to establish metropolitan subcouncils, the provisions of this Part apply. Establishment of metropolitan subcouncils 62. (1) If a metropolitan municipality decides to establish metropolitan subcouncils. 45 it must do so by passing. after a process of public consultation. a by-law which— 50 No, 19614 Act No. 117, 1998 GOVERNMENT G=ETTE, 18 DECEMBER 1998 LOCAL GOVE~MENT MUNICIPAL STRUCTURES ACT. 1998 (a) (b] (c) (d) (e) determines the number of subcouncils to be established; determines for each subcouncil an area within the municipality consistin& of a cluster of adjoining wards; establishes in each area a subcouncil under a distinct name; provides an equitable financial framework in terms of which the subcouncils 5 must function; and regulates any other relevant matters. (2) When; lustering wards to determine a metropolitan subcouncil area, the municipal council must— ((/) apply the criteria set out in sections 24 and 25 of the Demarcation Act in so far 10 as they can be applied; and (b) consult the Demarcation Board. Composition 63. ( I ) Each metropolitan subcouncil consists of— ((J) the councillors representing the wards included in the subcouncil area: and (b ~ an additional number of councillors determined by the metro council so that the combined total of paragraph (a) and this paragraph is substantially in the same proportion to the total number of councillors in the council as the number of registered voters in the area of the subcouncil is in proportion to the total number of registered voters in the municipality. (2) The councillors referred to in subsection ( 1 )(b) must— (CJ) consist of councillors elected to the metro council from party lists in accordance with Part 3 of Schedule 1; and (b) be appointed to the metropolitan subcouncil in accordance with Schedule 4. Functions and powers 64. ( 1 ) A metropolitan subcouncil— (a) has such duties and powers as the metro council may delegate to it in terms of section 32: and (b) may make recommendations to the metro council on any matter affecting its area. (2) A metropolitan subcouncil may adtise the metro council on what duties and powers should be delegated to it. Chairpersons

Part

Part 3: Metropolitan subcouncils

61
Types to establish
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AI-assisted research summary: Section 61 is titled “Types to establish.”

61. Types to establish
64
Functions and powers
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AI-assisted research summary: 64. Functions and powers 6j. Chairpersons

64. Functions and powers 6j. Chairpersons
70
Quorum and decisions
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AI-assisted research summary: This section concerns quorum and decisions.

70. Quorum and decisions
71
Committees
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AI-assisted research summary: Section 71 is titled “Committees” and appears under Part 4 on ward committees.

71. Committees Part 4: Ward committees
65
A metropolitan subcouncil must elect one of its members to be the chairperson of
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AI-assisted research summary: A metropolitan subcouncil must choose one of its members to be the chairperson.

65. A metropolitan subcouncil must elect one of its members to be the chairperson of that subcouncil. Term of office of members 15 ~~ 25 30 35
66
The section 63( 1 )(b) members of a metropolitan subcouncil are elected for a te~
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AI-assisted research summary: Members of a metropolitan subcouncil under section 63(1)(b) are elected for a term that ends when the next metro council is declared elected, subject to section 67.

66. The section 63( 1 )(b) members of a metropolitan subcouncil are elected for a te~ ending, subject to section 67. when the next metro council is declared elected. ~~acancies
67
A section 63(1 )(b) member vacates office during a term if that person—
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AI-assisted research summary: A section 63(1)(b) member vacates office during the term if they resign or stop being a councillor. The chairperson of a metropolitan subcouncil decides meeting times and places, but must call a meeting if a majority of members asks in writing. If the chairperson is absent and there is a quorum, the members present must choose another member to preside.

67. A section 63(1 )(b) member vacates office during a term if that person— 40 (a) resigns as a member of the metropolitan subcouncil: or (b) ceases to be a councillor, Meetings 68. (1) The chairperson of a metropolitan subcouncil, subject to any directions of the metro council. decides when and where the subcouncil meets. but if a majority of the 45 members requests the chairperson in writing to convene a meeting of the subcouncil. the chairperson must convene a meeting at a time mentioned in the request. -. —— 52 No. 19614 Act No. 117, 1998 GOVERNMENT Ga~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 “ - - - - -- ” - ““T (2) The chairperson of a metropolitan subcouncil presides at meetings of that subcouncil, but if the chairperson is absent from a meeting and a quorum is present the members present must elect another member to preside at that meeting. Procedures of metropoli~n subcouncils
69
A metropolitan subcouncil, with a supporting vote of a majority of its members.
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AI-assisted research summary: A metropolitan subcouncil may set its own procedures unless the metro council directs otherwise, and ward committees can be created only in certain municipalities.

69. A metropolitan subcouncil, with a supporting vote of a majority of its members. 5 may determine its own procedures, subject to any directions of the metro council. Quorum and decisions 70. (1) A majority of the members of a metropolitan subcouncil constitutes a quorum for a meeting of that subcouncil. (2) A question before a subcouncil is decided if there is agreement among at least the 10 majority of the members present at the meeting. (3) If on any question there is an equality of votes. the member presiding must exercise a casting vote in addition to that member’s vote as a member, Committees 71, A metropolitan subcouncil may appoint committees, including a management committee, from among its members to assist it in the performance of its duties and the exercise of its powers, Part 4: Ward committees Only metropolitan committees and local municipalities of certain types may have ward 15 20 72. ( 1 ) Only metropolitan and local municipalities of the types mentioned in sections 8(c), (d). (g) and (h) and 9(b). (d) and (~) may have ward committees. (2) If a metropolitan or local municipality of a type referred to in subsection (1) chooses to establish ward committees. the ~rovisions of this Part aD~lv. (3) The object of a ward committee is tb enhance participatory ‘~ernocracy in local 25 Qovemrnent. . Establishment of ward committees 73. ( 1 ) If a metro or local council decides to have ward committees. it must establish a ward committee for each ward in the municipality, (2) A ward committee consists of— 30 (a) the councillor representing that ward in the council. who must also be the chairperson of the committee: and (b) not more than 10 other persons. (3) A metro or local council must make rules regulating— (a) the procedure to elect the subsection (2)(b) members of a ward committee, 35 taking into account the need— (i) for women to be equitably represented in a ward committee; and (ii ) for a diversity of interests in the ward to be represented. (b) the circumstances under which those members must vacate office; and (c) the frequency of meetings of ward committees. (4) A metro or local council may make administrative arrangements to enable ward committees to perform their functions and exercise their powers effectively, Functions and powers of ward committees

Part

Part 4: Ward committees

72
Municipalities which may have ward committees
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AI-assisted research summary: Municipalities may have ward committees.

72. Municipalities which may have ward committees
74
Functions and powers
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AI-assisted research summary: 74. Functions and powers

74. Functions and powers
78
Dissolution
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AI-assisted research summary: Section 78 is titled “Dissolution.”

78. Dissolution 5 10 15 20 25 30 35 40 45 50 I 8 No. 19614 Act No. 117.1998 GOVERNMENT GAZETTE, 18 DE “-7 . ..- —. \ ‘~ LOCAL GOVERNMENT MUNICWAL STRUCTURES ACT, 1998 Part 5: Other committees ofmunicipal councils
74
A ward committee—
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AI-assisted research summary: A ward committee may make recommendations about matters affecting its ward and may receive duties and powers delegated by the metro or local council.

74. A ward committee— (a) may make recommendations on any matter affecting its ward— 40 45 54 No. 19614 Act No. 117, 1998 GOVERNMENT G=E~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 (i) to the ward councillor; or (ii) through the ward councillor, to the metro or local council. the executive committee, the executive mayor or the relevant metropolitan subcouncil: and (b) has such duties and powers as the metro or local council may delegate to it in 5 terms of section 32.- Term of office of members 7j. The section 73(2)(b) members of a ward committee are elected for a te~ determined by the metro or local council. Vacancies 10
76
If a vacancy occurs among the section 73(2)(b) members of a ward committee. the
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AI-assisted research summary: If a vacancy happens among the section 73(2)(b) ward committee members, it must be filled using a procedure set by the metro or local council.

76. If a vacancy occurs among the section 73(2)(b) members of a ward committee. the vacancy must be filled in accordance with a procedure determined by the metro or local council. Remuneration
77
No remuneration is payable to the section 73(2)(b) members of a ward committee. 15
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AI-assisted research summary: Members of a ward committee under section 73(2)(b) are not paid remuneration.

77. No remuneration is payable to the section 73(2)(b) members of a ward committee. 15 Dissolution of ward committees
78
A metro or local council may dissolve a ward committee if the committee fails to
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AI-assisted research summary: Municipal councils may dissolve ward committees that fail to fulfil their object, and they have specific powers and duties over committees and traditional-leader participation.

78. A metro or local council may dissolve a ward committee if the committee fails to fulfil its object. Establishment Part j: Other committees of municipal councils 79. ( 1 ) A municipal council may— (a) establish one or more committees necessary for the effective and efficient performance of any of its functions or the exercise of any of its powers; (b) appoint the members of such a committee from among its members; and (c) dissolve a committee at any time. (2) The municipal council— ~o 25 (CIj must determine the functions of a committee: (bJ may delegate duties and powers to it in terms of section 32: (() must appoint the chairperson: (d) may authorise a committee to co-opt advisory members who are not members 30 of the council within the limits determined by the council; ((’j may remove a member of a committee at any time: and (f) may determine a committees procedure. Committees to assist executive committee or executive mayor 80. ( 1 ) If a municipal council has an executive committee or executive mayor, it may 35 appoint in terms of section 79, committees of councillors to assist the executive committee or executive mayor. (~) Such Committees may not in number exceed the number of members of the executive committee or mayoral committee. [3) The executive committee or executive mavor— 40 \a) (b) (c) appoints a chairperson for each committee from the executive committee or mayoral committee; may delegate any powers and duties of the executive committee or executive mayor to the committee: is not divested of the responsibility concerning the exercise of the power or the 45 performance of the duty: and .. —.———— 56 No. 19614 Act No. 117, 1998 GOVERNMENT G~~E. 18 DECEMBER 1998 LOCAL GOVE~ME~. MUNtCIPAL STRUCTURES ACT. 1998 (d) may vary or revoke any decision taken by a committee. subject to any vested rights. (4) Such a committee must report to the executive committee or executive mayor in accordance with the directions of the executive committee or executive mayor. Part 6: Participation of traditional leaders Participation in municipal councils 81. (1) Traditional authorities that traditionally observe a system of customary law in the area of a municipality, may participate through their leaders, identified in terms of subsection (2), in the proceedings of the council of that municipality, and those traditional leaders must be allowed to attend and pmicipate in any meeting of the council. (2) (a) The MEC for local government in a province. in accordance with Schedule 6 and by notice in the Provincial Gazette. must identify the traditionrd leaders who in terms of subsection (1) may participate in the proceedings of a municipal council. (b) The number of traditional leaders that may participate in the proceedings of a municipal council may not exceed 10 per cent of the total number of councillors in that council, but if the council has fewer than 10 councillors, only one traditional leader may so participate. (c) If the number of traditional leaders identified in a municipality’s area of jurisdiction. exceeds 10 per cent of the total number of councillors the MEC for local government in the province may determine a system for the rotation of those traditional leaders. (3) Before a municipal council takes a decision on any matter directly affectin& the area of a traditional authority, the council must give the leader of that authority the opportunity to express a view on that matter. (4) The MEC for local government in a province, after consulting the provincial House of Traditional Leaders, may by notice in the Pro\ ’incia/ Ga:erre— (a) regulate the participation of traditional leaders in the proceedings of a municipal council; and 5 10 15 ~o 25 (b) prescribe a role for traditional leaders in the affairs of a municipality. 30 (5) When participating in the proceedings of a municipal council a traditional leader is subject to the appropriate provisions of the Code of Conduct set out in Schedule 5. Part 7: Municipal managers Appointment

Part

Part 5: Other committees ofmunicipal councils

80
Committees to assist
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AI-assisted research summary: This section is titled “Committees to assist” under Part 6 on participation of traditional leaders.

80. Committees to assist Part 6: Participation of traditional leaders

Part

Part 6: Participation of traditional leaders

81
Participation in councils
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AI-assisted research summary: This section concerns participation in councils by municipal managers.

81. Participation in councils Part 7 Municipal managers

Part

Part 7 Municipal managers

82
Appointment
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AI-assisted research summary: Section 82 is titled “Appointment” under Chapter 5 on the functions and powers of municipalities.

82. Appointment CHAPTER 5 FUNCTIONS AND POWERS OF MUNICIPALITIES .[, . -, .?:. . ..,. ,L

Part

CHAPTER 5

84
Division of functions and powers
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AI-assisted research summary: Section heading: “Division of functions and powers.”

84. Division of functions and powers
85
Adjustment of division of functions and powers
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AI-assisted research summary: 85. Adjustment of division of functions and powers

85. Adjustment of division of functions and powers
86
Resolution of disputes
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AI-assisted research summary: Section 86 is titled “Resolution of disputes.”

86. Resolution of disputes
87
Temporary allocation
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AI-assisted research summary: This provision is titled Temporary allocation, but no operative rule text is provided.

87. Temporary allocation
88
Co-operation between councils
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AI-assisted research summary: This section concerns co-operation between councils.

88. Co-operation between councils
89
District management areas
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AI-assisted research summary: Section 89 is titled “District management areas.”

89. District management areas CHAPTER 6 MISCELLANEOUS MATTERS
86
If a district and a local municipality perform a function or exercise a power of a
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AI-assisted research summary: If a district and local municipality dispute who should do a similar function or power, the provincial MEC for local government may resolve it after consulting them.

86. If a district and a local municipality perform a function or exercise a power of a similar nature and a dispute arises between them concerning the performance of that function or the exercise of that power, the MEC for local government in the province, afler consulting them. may, by notice in the Provincial Gazette, resolve the dispute by defining their respective roles in the performance of that function or in the exercise of 55 that power. 62 No. 19614 Act No. 117, 1998 GOVERNMENT G=E~. 18 DECEMBER 199X LOCAL GOVE~MENT: MUNICIPAL STRUCTU~S ACT. 1998 Temporary allocation of functions and powers 87. (1) If the provision of basic services by a district or local municipality collapses or is likely to collapse because of that municipality’s lack of capacity or for any other reason, the MEC for local government in the province may, after written notice to the district or local municipality and with immediate effect, allocate any functions and powers necessary to restore or maintain those basic services, to a local municipality which falls within that dis~ict municipality or to the district municipality in whose area that local municipality falls, as the case may be. (2) The district or local municipality may lodge a written objection against the allocation to the Minister, who may confirm. vary or withdraw the allocation after having consulted the Demarcation Board. (3) If the district or local municipality does not lodge a written objection against the allocation to the Minister within 14 days of the date of the notice referred to in subsection (1), the municipality is regarded as having consented to the allocation. (4) The MEC for local government must reallocate that function or power to the original municipality when that municipality is in a position to resume the provision of those basic services. Co-operation between district and local municipalities 88. ( 1 ) A district municipality and the local municipalities within the area of that district municipality must co-operate with one another by assisting and supporting each other. (2) (a) A district municipality on request by a local municipality within its area may provide financial. technical and administrative support services to that local municipal- ity to the extent that that district municipality has the capacity to provide those support services. (b) A local municipality on request of a district municipality in whose area that local municipality falls may provide financial, technical and administrative support services to that district municipality to the extent that that local municipality has the capacity to provide those support services. (c) A local municipality may provide financial, technical or administrative support services to another local municipality within the area of the same district municipality to the extent that it has the capacity to provide those support services, if the district municipality or that local municipality so requests. (3) The MEC for local government in a province must assist a district municipality to provide support services to a local municipality. District management areas
89
In district management
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AI-assisted research summary: District municipalities have all municipal functions and powers in district management areas; the Act also sets rules for cross-boundary municipalities and exemptions.

89. In district management areas. the district municipality has all the municipal functions and powers. CHAPTER 6 Miscellaneous matters Cross-boundary municipalities 90. (1) This section applies to the establishment of a municipality envisaged in section 155(6A) of the Constitution only if an Act of Parliament authorises the establishment of the municipality. (2) If the Demarcation Board demarcates a municipal area across a Provincial boundary with the concurrence of the legislatures of the provinces involved. the MECS for local government in those provinces must, subject to subsection (1 )— (a) establish in that area, in accordance with section 12. a municipality of a type mentioned in section 8, 9 or 10 agreed to between them; and 5 10 15 ~o ?5 30 35 40 45 64 No. 19614 Act No. 117,1998 GOVERNMENT GAZE~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNtCFAL STRUCTU~S ACT. 1998 (b) with regard to that municipality, exercise their executive authority in terms of this Act and any other legislation jointly, except when the provincial governments concerned have entered into an agreement which provides for an alternative arrangement envisaged in subsection (3). (3) The governments of the provinces concerned may enter into an agreement 5 providing for an arrangement which may include— (a) the exercise of their executive authority with regard to that municipality or in that municipal area by functionaries of one of those provincial governments on a delegation or agency basis; (b) the provision of financial and other assistance to the municipality; and (c) the suspension of all or any legislation of the one province and the application of all or any of the other province’s legislation in that municipal area. (4) An agreement in terms of subsection (3)(c) that provides for the application of one province’s legislation in that part of the municipal area that falls in another province, is enforceable only if the provincial legislature of that other province passes legislation providing for such application. (5) If a provincial legislature no longer supports the continuation of a cross-boundary municipality and passes a resolution calling for the disestablishment of that municipal- ity, the Demarcation Board must redetermine the boundaries of the municipal area in such a way that no boundary extends across a provincial boundary. Exemptions from certain provisions of this Act 91. (1) The MEC for local government in a province. within a policy framework as may be determined by the Minister, and by notice in the Provincial Gazette, may exempt a municipality in the province from a provision of section 36(2). (3) or (4), 38 to41. 45 to 47, 48(2), (3) and (4). 50 to 53, 58, 65 to 71, 75 and 76. (2) A municipality exempted from a provision of this Act in terms of subsection(1) may pass its own legislation with regard to the matter dealt with in the exempted provision. 10 15 20 25 Regulations

Part

CHAPTER 6

90
Cross-boundary municipalities
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AI-assisted research summary: This section is titled “Cross-boundary municipalities.”

90. Cross-boundary municipalities
91
Exemptions from pro~risions of Act
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AI-assisted research summary: Section heading: exemptions from provisions of the Act.

91. Exemptions from pro~risions of Act
93
Application of this Act and transitional arrangements
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AI-assisted research summary: Section 93 is titled “Application of this Act and transitional arrangements.”

93. Application of this Act and transitional arrangements
94
Amendment of section 5 of Act 51 of 1996
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AI-assisted research summary: This provision is an amendment heading for section 5 of Act 51 of 1996.

94. Amendment of section 5 of Act 51 of 1996
95
Short title
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AI-assisted research summary: This provision is the short title for Schedule 1, which concerns the electoral system for metro and local councils and for sparsely populated areas.

95. Short title SCHEDULE 1 ELECTORAL SYSTEM FOR METRO AND LOCAL COUNCILS AND IN SPARSELY POPULATED AREAS
92
The Minister may m~e regulations not inconsistent with this Act prescribing—
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AI-assisted research summary: The Minister may make regulations, but they must not be inconsistent with the Act.

92. The Minister may m~e regulations not inconsistent with this Act prescribing— 30 fa) any matter that may or must be prescribed in terms of this Act; and (b) any matter that may facilitate the application of this Act. Application of this Act and transitional arrangements 93. (l) The provisions of this Act will only apply in respect of a municipality from the date contemplated in section 12. but this does not preclude the application of any provision of this Act for a purpose related to the demarcation of a municipal boundary. the establishment of a municipality or an election of a council. (~) If any conflict relating to the matters dealt within this Act arises between this Act and the provisions of any other law, except the Constitution. the provisions of this Act prevail. (3) The first term of all municipal councils after the enactment of this Act expires not later than 1 November 2000 as determined by the Minister by notice in the Gover}lmelzf Gazette. 35 40 Amendment of section 5 of Act 51 of 1996
94
Section 5 of the Electoral Commission Act, 1996 (Act No. 51 of 1996), is hereby
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AI-assisted research summary: This provision amends section 5 of the Electoral Commission Act, 1996 by deleting a paragraph in subsection (1), but the text is garbled.

94. Section 5 of the Electoral Commission Act, 1996 (Act No. 51 of 1996), is hereby 45 amended by the deletion is subsection ( 1 ) of paragraph fro). Short title
95
This Act is called the Local Government: Municipal Structures Act, 1998. and
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AI-assisted research summary: This section says the Act starts on a date set by the President by proclamation in the Gazette, subject to section 93.

95. This Act is called the Local Government: Municipal Structures Act, 1998. and t&es effect, subject to section 93, on a date determined by the President by proclamation in the Gazette. 50 66 No. 19614 Act No. 117, 1998 Definitions GOWRNMENT G=E~E. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICPAL STRUCTURES ACT. 1998 SCHEDULE 1 Electoral system for metro and local councils

Part

SCHEDULE 1

1
Definitions
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AI-assisted research summary: This provision is a section heading for definitions in Part 1 (General).

1. Definitions Part 1: General
1
In this Schedule, unless the context otherwise indicates—
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AI-assisted research summary: This provision defines several terms used in the Schedule, including “chief electoral officer,” “election,” “independent ward councillor,” “nomination day,” and “ward candidate representing a party.”

1. In this Schedule, unless the context otherwise indicates— “chief electoral 05cer” means the chief electoral officer appointed in terms of section 12( 1 ) of the Electoral Commission Act, 1996 (Act No. 51 of 1996), and includes a person designated by the chief electoral officer for the purposes of this Schedule; “election” means an election called in terms of section 24. and. where appropriate, also a by-election called in terms of section 25; “independent ward councillor” means a councillor who used on the ward ballot paper the distinguishing mark or symbol of a party which did not submit a party list in terms of item 1 2; “nomination day” means the day determined in terms of the Electoral Act for the announcement of the nominated candidates and parties for a municipal election; “ward candidate representing a party” means a ward candidate who used in an election on the part of the ballot paper for wards the same distinguishing mark or symbol as a party which submitted a party list in terms of item 10. Delimitation of wards Part 1: General

Part

Part 1: General

2
Delimitation of wards
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AI-assisted research summary: This section is titled “Delimitation of wards.”

2. Delimitation of wards
4
Delimitation criteria
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AI-assisted research summary: Section 4 is titled “Delimitation criteria.”

4. Delimitation criteria
6
Electoral system for councils with wards
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AI-assisted research summary: Section 6 is titled “Electoral system for councils with wards.”

6. Electoral system for councils with wards
7
Electoral system for councils without wards
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AI-assisted research summary: This section is titled “Electoral system for councils without wards” and Part 2 is titled “Ward elections.”

7. Electoral system for councils without wards Part 2: Ward elections
2
The Demarcation Board after consultation with the Electoral Commission, for
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AI-assisted research summary: The Demarcation Board must delimit metropolitan and local municipalities into wards for election purposes, after consulting the Electoral Commission.

2. The Demarcation Board after consultation with the Electoral Commission, for purposes of an election. must delimit all metropolitan municipalities and all local municipalities that must have wards, into wards. Number of wards
3
The number of wards in a metropolitan or local municipality must be equal to the
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AI-assisted research summary: The number of wards in a metropolitan or local municipality must match the number of ward councillors determined for that municipality under section 22(2).

3. The number of wards in a metropolitan or local municipality must be equal to the number of ward councillors detemined for the municipality in terms of section 22(2). Delimitation criteria
4
The Demarcation Board after consulting the Electoral Commission must delimit a
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AI-assisted research summary: The Demarcation Board must divide a municipality into wards, publish the delimitation, and handle written objections lodged within 14 days.

4. The Demarcation Board after consulting the Electoral Commission must delimit a municipality into wards, each having approximately the same number of voters, ttin& into account the following criteria: (a) The number of registered voters in each ward, may not vary by more than fifteen per cent from the norm, where the norm is determined by dividing the total number of registered voters on the municipality’s segment of the national common voters roll by the number of wards in the municipality. (b) The need to avoid as far as possible the fragmentation of communities. (c) The object of a ward committee as set out in section 72(3) which is to enhance participatory democracy in local government. (d) The availability and location of a suitable place or places for voting and counting if appropriate, taking into consideration— (i) communication and accessibility; (ii) density of population; (iii) topography and physical characteristics; and (iv) the number of voters that are entitled to vote within the required time-frame. (e) The safety and security of voters and election material. (f) Identifiable ward boundaries. 68 No. 19614 Act No. 117,1998 GOVERNM~ GHE~, 18 DECEMBER 1998 LOCAL GOVERNME~ MUNCIPW STRUCTUWS ACT. 1998 Publication of delimitation 5. (1) The Demarcation Board must publish its delimitation of wards for a municipality in the Provincial Gazette. (2) Any person aggrieved by a delimitation may within 14 days of publication submit objections in writing to the Demarcation Board. and the Board must— (a) consider those objections; and (b) confirm. vary or withdraw its determination. Electoral system for metro and local councils with wards
6
A metro council, and a local council havin& wards, must be elected as follows:
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AI-assisted research summary: Metro councils and local councils with wards must be elected using a mixed system: ward councillors are directly elected, and the remaining councillors are elected from party lists.

6. A metro council, and a local council havin& wards, must be elected as follows: (a) A number of councillors equal to the number of wards in the municipality must be directly elected in accordance with Part 2 of this Schedule to represent the wards in the Council; and (b) the rest of the councillors must be elected from party lists in accordance with Part 3 of this Schedule to representparties proportionally in the council. Electoral system for local councils without wards

Part

Part 2: Ward elections

8
Number of votes
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AI-assisted research summary: This provision is headed “Number of votes” and appears to relate to proportional representation elections.

8. Number of votes ; 5 10 15 20 25 30 35 10 No. 19614 Act No. 117, 1998 GOVERN MENT G=E~, 18 DE~~ IW8 LOCAL GOVERNMENT: MUNICIPAL STRUCTU~S ACT, 1998 Part 3: Proportional representation elections

Part

Part 3: Proportional representation elections

10
Submission of lists
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AI-assisted research summary: Section 10 is titled “Submission of lists.”

10. Submission of lists
13
Allocating seats
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AI-assisted research summary: 13. Allocating seats

13. Allocating seats
14
Uncontested elections
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AI-assisted research summary: This provision is titled “Uncontested elections.”

14. Uncontested elections
15
Procedure if no party applications
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AI-assisted research summary: Procedure if no party applications.

15. Procedure if no party applications
17
Insufficient party list
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AI-assisted research summary: Section 17 is titled “Insufficient party list.”

17. Insufficient party list
18
Filling of vacancies and changing order
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AI-assisted research summary: This section is titled “Filling of vacancies and changing order” for Part 4 on filling and amending a party list.

18. Filling of vacancies and changing order Part 4: Filling and amending party list

Part

Part 4: Filling and amending party list

19
Causes of vacancies
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AI-assisted research summary: This section is titled “Causes of vacancies.”

19. Causes of vacancies
20
Filling of vacancies and changing order
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AI-assisted research summary: Section 20 concerns filling vacancies and changing the order under Schedule 2 for the electoral system for district councils.

20. Filling of vacancies and changing order SCHEDULE 2 ELECTORAL SYSTEM FOR DISTRICT COUNCILS

Part

SCHEDULE 2

1
Definitions
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AI-assisted research summary: This section is titled “Definitions” and references “Proportional elections.”

1. Definitions Part 1: Proportional elections
1
In this Schedule. unless the context otherwise indicates—
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AI-assisted research summary: This section defines terms used in the Schedule, including “chief electoral officer,” “election,” and “nomination day.”

1. In this Schedule. unless the context otherwise indicates— “chief electoral officer” means the chief electoral officer appointed in terms of section 12( 1 ) of the Electoral Commission Act, 1996 (Act No. 51 of 1996). and includes a person designated by the chief electoral officer for the purposes of this Schedule; “election” means an election called in terms of section 24. and. where appropriate. also a by-election called in terms of section 25; “nomination day” means the day determined in terms of the Electoral Act for the announcement of the nominated candidates and parties for an election. Part 1: Proportio~lal elections Electoral system for party representatives

Part

Part 1: Proportional elections

2
Electoral systems for party representatives
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AI-assisted research summary: This section concerns electoral systems for party representatives.

2. Electoral systems for party representatives
4
Submission of lists
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AI-assisted research summary: Section heading: “Submission of lists” concerning party lists.

4. Submission of lists j. Party lists
8
Uncontested elections
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AI-assisted research summary: 8. Uncontested elections

8. Uncontested elections
9
Procedure if no party applications
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AI-assisted research summary: Section 9 is titled “Procedure if no party applications.”

9. Procedure if no party applications
10
Insufficient lists
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AI-assisted research summary: This section is titled “Insufficient lists.”

10. Insufficient lists
11
Filling of vacancies
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AI-assisted research summary: Section 11 concerns the filling of vacancies.

11. Filling of vacancies
12
Causes of vacancies
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AI-assisted research summary: This section is about the causes of vacancies.

12. Causes of vacancies
13
Filling of vacancies and changing order
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AI-assisted research summary: Section 13 is titled “Filling of vacancies and changing order” for Part 2 on allocation and election of representatives to district councils.

13. Filling of vacancies and changing order Part 2: Allocation and election of representatives of local councils and district management areas to district councils

Part

Part 2: Allocation and election of representatives of local councils and

14
Manner of elections
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AI-assisted research summary: Section 14 is titled “Manner of elections.”

14. Manner of elections
16
Electing representatives to district councils
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AI-assisted research summary: This section concerns the election of representatives to district councils.

16. Electing representatives to district councils
17
Candidates Iists
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AI-assisted research summary: Section heading: “Candidates Iists”.

17. Candidates Iists
19
Determining quota
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AI-assisted research summary: Section 19 is titled “Determining quota.”

19. Determining quota
20
Allocating seats
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AI-assisted research summary: Section 20 is titled “Allocating seats.”

20. Allocating seats
21
Selecting from lists
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AI-assisted research summary: Section title only: Selecting from lists.

21. Selecting from lists
22
Insufficient lists
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AI-assisted research summary: The provided text only gives the section title, “Insufficient lists,” and does not state any operative rule.

22. Insufficient lists
23
Filling of vacancies
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AI-assisted research summary: Section heading: Filling of vacancies.

23. Filling of vacancies
24
Electing members representing district management areas
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AI-assisted research summary: This section is titled “Electing members representing district management areas.”

24. Electing members representing district management areas 5 10 15 20 25 30 35 40 12 No. 19614 Act No. 117.1998 GOVERNMENT G~E~. 18 DECEMBER 1998 LOCAL GOVERNME~ MUNICIPAL STRUCTURES ACT. 1998 SCHEDULE 3 ELECTION OF MUNICIPAL OFFICE-BEARERS

Part

SCHEDULE 3

3
Formal requirements
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AI-assisted research summary: This section is titled “Formal requirements.”

3. Formal requirements
4
Announcement of candidates
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AI-assisted research summary: Section heading: announcement of candidates.

4. Announcement of candidates
6
Election procedure
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AI-assisted research summary: Section title: Election procedure.

6. Election procedure
7
Elimination procedure
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AI-assisted research summary: Section 7 is titled “Elimination procedure.”

7. Elimination procedure
8
Further meetings
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AI-assisted research summary: This section is titled “Further meetings” and refers to Schedule 4 on allocating councillors elected from party lists to metropolitan subcouncils.

8. Further meetings SCHEDULE 4 METHOD OF ALLOCATING COUNCILLORS ELECTED FROM PARTY LISTS TO METROPOLITAN SUBCOUNCILS

Part

SCHEDULE 4

2
Allocating seats to parties
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AI-assisted research summary: Section 2 is titled “Allocating seats to parties.”

2. Allocating seats to parties
3
Designation of councillors
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AI-assisted research summary: Section 3 is titled “Designation of councillors.”

3. Designation of councillors
4
Councillors to serve on one council only
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AI-assisted research summary: This provision is titled “Councillors to serve on one council only.”

4. Councillors to serve on one council only j. Vacancies SCHEDULE 5 CODE OF CONDUCT FOR COUNCILLORS Preamble
3
Each party represented in a metro council must designate from among the
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AI-assisted research summary: Each party in a metro council must appoint its representatives to each metropolitan subcouncil from among its elected councillors, and councillors may serve on only one metropolitan subcouncil.

3. Each party represented in a metro council must designate from among the councillors elected from its party list, its representatives to each metropolitan subcouncil in the municipality with regard to which seats were awarded to it in terms of item 2. Councillors to serve on one metropolitan subcouncil only
4
No councillor may serve on more than one metropolitan subcouncil.
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AI-assisted research summary: A councillor must not serve on more than one metropolitan subcouncil.

4. No councillor may serve on more than one metropolitan subcouncil. Vacancies
5
Parties must fill vacancies as they occur.
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AI-assisted research summary: Parties must fill vacancies as they arise, and councillors must be accountable to local communities and report back at least quarterly.

5. Parties must fill vacancies as they occur. 1 94 No. 19614 Act No. 117, 1998 Preamble GOVERNMENT G=~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTUmS ACT, 1998 SCHEDULE 5 CODE OF CONDUCT Councillors are elected to represent local communities on municipal councils, to ensure that municipalities have structured mechanisms of accountability to local communities, and to meet the priority needs of communities by providing services equitably, effectively and sustainably within the means of the municipality. In fulfilling this role councillors must be accountable to local communities and report back at least quarterly to constituencies on council matters, including the performance of the municipality in terms of established indicators. In order to ensure that councillors fulfil their obligations to their communities, and support the achievement by the municipality of its objectives set out in section 19 of the Act, the following Code of Conduct is established. Definitions

Part

SCHEDULE 5

3
Attendance at meetings
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AI-assisted research summary: Section 3 is titled “Attendance at meetings.”

3. Attendance at meetings
4
Sanctions for non-attendance
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AI-assisted research summary: Section heading for sanctions for non-attendance and disclosure of interest.

4. Sanctions for non-attendance j. Disclosure of interest
7
Declaration of interest
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AI-assisted research summary: Section 7 is titled “Declaration of interest.”

7. Declaration of interest
8
Full-time councillors
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AI-assisted research summary: Section 8 is titled “Full-time councillors.”

8. Full-time councillors
9
Rewards, gifts and favours
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AI-assisted research summary: Section 9 is titled “Rewards, gifts and favours.”

9. Rewards, gifts and favours
10
Unauthorised disclosure of information
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AI-assisted research summary: This section concerns unauthorised disclosure of information.

10. Unauthorised disclosure of information
11
Intervention in administration
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AI-assisted research summary: Section 11 is titled “Intervention in administration.”

11. Intervention in administration
12
Council property
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AI-assisted research summary: Section heading: Council property.

12. Council property
13
Duty of chairperson
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AI-assisted research summary: This section is about the chairperson’s duty.

13. Duty of chairperson
14
Breaches of code
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AI-assisted research summary: This section is titled “Breaches of code.”

14. Breaches of code
15
Application to traditional leaders
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AI-assisted research summary: This heading says Schedule 6 identifies traditional leaders for the purposes of section 81.

15. Application to traditional leaders SCHEDULE 6 IDENTIFICATION OF TRADITIONAL LEADERS FOR PURPOSES OF SECTION 81
1
In this Schedule “partner.’ means a person who permanently lives with another
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AI-assisted research summary: This Schedule defines “partner” as a person who permanently lives with another person as if married.

1. In this Schedule “partner.’ means a person who permanently lives with another person in a manner as if married General conduct of councillors
2
A councillor must—
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AI-assisted research summary: A councillor must perform office functions honestly, in good faith, and transparently, and must always act in the municipality’s best interest without harming its credibility or integrity.

2. A councillor must— (a J perform the functions of office in good faith. honestly and a transparent manner: and (b) at all times act in the best interest of the municipality and in such a way that the credibility and inte&rity of the municipality> are not compromised. Attendance at meetings
3
A councillor must attend each meeting of the municipal council and of a committee
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AI-assisted research summary: Councillors must attend meetings, disclose interests, avoid misuse of office, and follow disclosure rules; the municipal council can fine or remove councillors for non-attendance.

3. A councillor must attend each meeting of the municipal council and of a committee of which that councillor is a member, except when— (u/ leave of absence is granted in terms of an applicable law or as determined by the rules and orders of the council; or (b) that councillor is required in terms of this Code to withdraw from the meeting. Sanctions for non-attendance of meetings 4. ( 1 ) A municipal council may impose a fine as determined b! the standing rules and orders of the municipal council on a councillor for: (a) not attending a meeting which that councillor is required to attend in terms of item 3; or (b) fdiling to remain in attendance at such a meeting. (2) A councillor who is absent from three or more consecutive meetings of a municipal council, or from three or more consecutive meetings of a committee. which that councillor is required to attend in terms of item 3. must be removed from office as a councillor. (3) Proceedings for the imposition of a fine or the removal of a councillor must be conducted in accordance with a uniform standing procedure which each municipal council must adopt for the purposes of this item. The uniform standing procedure must comply with the rules of natural justice. Disclosure of interests 5. (1) A councillor must— 96 No. 19614 Act No. 117, 1998 GOVERNMENT GfiE~. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 (a) disclose to the municipal council, or to any committee of which that councillor is a member, any direct or indirect personal or private business interest that that councillor. or any spouse, partner or business associate of that councillor may have in any matter before the council or the committee: and (b) withdraw from the proceedings of the council or committee when that matter is considered by the council or committee. unless the council or committee decides that the councillor’s director indirect interest in the matter is trivial or irrelevant. (2) A councillor who, or whose spouse. partner, business associate or close family member, acquired or stands to acquire any direct benefit from a contract concluded with the municipality, must disclose full particulars of the benefit of which the councillor is aware at the first meeting of the municipal council at which it is possible for the councillor to make the disclosure. (3) This section does not apply to an interest or benefit which a councillor. or a spouse. partner, business associate or close family member. has or acquires in common with other residents of the municipality. Personal gain 6. ( 1 ) A councillor may not use the position or privileges of a councillor. or confidential information obtained as a councillor. for private gain or to improperly benefit another person. (2) Except with the urior consent of the municipal council. a councillor may not— be a party to’or beneficiary under a contrdct for— (i) the provision of goods or services to the municipality: or (ii ) the performance of any work otherwise than as a councillor for the municipality: obtain a financial interest in any business of the municipality: or for a fee or other consideration appear on behalf of any other person before the council or a committee. (3) If more than one quarter of the councillors object to consent being given to a councillor in terms of subitem (2). such consent may only be given to the councillor with the approval of the MEC for local government in the province, Declaration of interests 7. (1) When elected or appointed. a councillor must within 60 days declare in writing to the municipal manager the following financial interests held by that councillor: (a) shares and securities in any company: (b) membership of any close corporation: (c) interest in any trust: (d) directorships: (e) partnerships: (f) other financial interests in an~- business undertaking: (g) employment and remuneration: (1?) interest in property: (;) pension: and (j) subsidies, grants and sponsorships by any organisation. (2) Any change in the nature or detail of the financial interests of a councillor must be declared in writing to the municipal manager annually. (3) Gifts received by a councillor above a prescribed amount must also be declared in accordance with subitem (1). (4) The municipal council must determine which of the financial interests referred in subitem ( 1 ) must be made public having regard to the need for confidentiality and the public interest for disclosure. 98 No. 19614 Act No. 117, 1998 GOVERNMENT GAZE~. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTU~S ACT. 1998 Full-time councillors
8
A councillor who is a full-time councillor may not undertake any other paid work.
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AI-assisted research summary: A full-time councillor may not do any other paid work unless the municipal council consents.

8. A councillor who is a full-time councillor may not undertake any other paid work. except with the consent of a municipal council which consent shall not unreasonably be withheld. Rewards, giffi and favours
9
A councillor may not request. solicit or accept any reward, gift or favour for—
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AI-assisted research summary: A councillor must not request, solicit, or accept rewards, gifts, or favours for specified council-related actions.

9. A councillor may not request. solicit or accept any reward, gift or favour for— (a) voting or not voting in a particular manner on any matter before the municipal council or before a committee of which that councillor is a member; (b) persuading the council or any committee in regard to the exercise of any power, function or duty: (c) making a representation to the council or any committee of the council: or (d) disclosing privileged or confidential information. Unauthorised disclosure of information 10. ( 1 ) A councillor may not without the permission of the municipal council or a committee disclose any privileged or confidential information of the council or committee to any unauthorised person. (2) For the purpose of this item “privileged or confidential information’ includes any information— (a J determined by the municipal council or committee to be privileged or confidential; (b) discussed in closed session by the council or committee; (c) disclosure of which would violate a persons right to privacy: or (d) declared to be privileged. confidential or secret in terms of law. (3) This item does not derogate from the right of any person to access to information in terms of national legislation. Intervention in administration
11
A councillor may not. except as provided by law—
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AI-assisted research summary: A councillor must not interfere in council administration, give instructions to council employees unless authorised, obstruct council decisions, or encourage conduct that causes maladministration, except where mandated or authorised by law.

11. A councillor may not. except as provided by law— (a) (b) (c) (d) interfere in ‘the management or administration of any department of the municipal council unless mandated by council: give or purport to give any instruction to any employee of the council except when authorised to do so: obstruct or attempt to obstruct the implementation of any decision of the council or a committee by an employee of the council: or encourage or participate in any conduct which would cause or contribute to maladm~nistration iri the council. Council property
12
A councillor may not use. take. acquire or benefit from any property or asset
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AI-assisted research summary: A councillor must not use, take, acquire, or benefit from municipal property or assets that the councillor has no right to.

12. A councillor may not use. take. acquire or benefit from any property or asset owned, controlled or mana&ed by the municipality to which that councillor has no right. Duty of chairpersons of municipal councils 13. (1) If the chairperson of a municipal council. on reasonable suspicion, is of the opinion that a provision of this Code has been breached. the chairperson must— (a) authorise an investigation of the facts and circumstances of the alleged breach; (b) give the councillor a reasonable opportunity to reply in writing regarding the alleged breach; and (c) report the matter to a meeting of the municipal council after paragraphs (a) and (b) have been complied with. (~) A repo~ in terms of subitem (1 )(c) is open to tie public 100 No, 19614 Act No. 117, 1998 GOVERNMENT GUE~. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICmAL STRUCTURES ACT 1998 (3) The chairperson must report the outcome of the investigation to the MEC for local government in the province concerned. (4) The chairperson must ensure that each councillor when taking office is given a copy of this Code and that a copy of the Code is available in every room or place where the council meets. Breaches of Code 14. (1) A municipal council may— (a) investigate and make a finding on any alleged breach of a provision of this Code; or (b) establish a special committees— (i) to investigate and make a finding on any alleged breach of this Code: and (ii) to make appropriate recommendations to the council. (2) If the council or a special committee finds that a councillor has breached a provision of this Code, the council may— (a) issue a formal warning to the councillor: (b) reprimand the councillor: (c) request the MEC for local government in the province to suspend the councillor for a period; (d) fine the councillor; and (e) request the MEC to remove the councillor from office. (3) (a) Any councillor who has been warned. reprimanded or fined in terms of paragraph (a), (b) or (d) of subitem (2) may within 14 days of having been notified of the decision of council appeal to the MEC for local government ]n writing setting out the reasons on which the appeal is base. (12) A copy of the appeal must be provided to the council. (c) The council may within 14 days of receipt of the appeal referred to in paragraph (b) make any representation pertaining to the appeal to the MEC for local government in writing. (d) The MEC for local government may. after having considered the appeal, confirm, set aside or vary the decision of the council and inform the councillor and the council of the outcome of the appeal. (4) The MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommenda- tion on whether the councillor should be suspended or removed from office. (5) The Commissions Act, 1947 (Act No.8 of 19471. may be applied to an investigation in terms of subitem (3). (6) If the MEC is of the opinion that the councillor has breached a provision of this Code. and that such contravention warrants a suspension or removal from office. the MEC may— (a) suspend the councillor for a period and on conditions determined by the MEC: or (bj remove the councillor from office. (7) Any investigation in terms of this item must be in accordance with the rules of natural justice. Application of Code to traditional leaders lj. (1) Items 1.2, 5, 6, 9 (b) to (d), 10.11, 12. 13 and 14 (1) apply to a traditional leader who participates or has participated in the proceedings of a municipal council in terms of section 81. (2) These items must be applied to the traditional leader in the same way they apply to councillors. (3) If a municipal council or a special committee in terms of item 14 (1) finds that a traditional leader has breached a provision of this Code, the council may— (a) issue a formal warning to the traditional leader; or (b) request the MEC for local government in the province to suspend or cancel the traditional leaders right to participate in the proceedings of the council. 102 No. 19614 Act No. 117,1998 GOVERNMENT GUETTE. 18 DECE~ER 1998 LOCAL Government MUNIC~AL STRUCTURES ACT. 1998 (4) The MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommenda- tion on whether the right of the traditional leader to participate in the proceedings of the municipal council should be suspended or cancelled. (5) The Commissions Act, 1947. may be applied to an investigation in terms of subitem (4). (6) If the MEC is of the opinion that the traditional leader has breached a provision of this Code. and that such breach warrants a suspension or cancellation of the traditional leader’s right to participate in the council’s proceedings, the MEC may (a) suspend that right for a period and on conditions determined by the MEC: or (b) cancel that right. (7) Any investigation in terms of this item must be in accordance wiifi ;l~e iules :: natural justice. (8) The suspension or cancellation of a traditional leader’s righ[ to participate in the proceedings of a council does not affect that traditional leader’s right to address the council in terns of section 81(3). lM No. 19614 Act No. 117, 1998 GOVERNMENT GUE~, 18 DECEMBER 1998 LOCAL GOVERNMENT: MWCIPAL STRUCTURES ACT, 1998 SCHEDULE 6 Identi@ation of Wadtional leaders for purposes of section 81 Manner of identification 1. (1) If it comes to the notice of the MEC for local government in a province that one or more traditional authorities traditionally observe a system of customary law in the area of a municipality, the MEC— (a) must inform the provincial House of Traditional Leaders of the maximum number of traditional leaders that may be identified in terms of section 81 to participate in the proceedings of the council of that municipality; (b) must request that House of Traditional Leaders to recommend which leaders of that traditional authority or of those traditional authorities can be identified for the purposes of section 81; (c) on receipt of the recommendation, or if no recommendation is received within 30 days after the request in terms of paragraph (b) has been made, may identify the leaders of that authority or authorities; and (d) if any leaders have been identified in terms of paragraph (c), must submit the names of those leaders to the municipal manager of that council. (2) In a province in which no provincial House of Traditional Leaders has been established, the MEC must consult the traditional authority concerned before identifying any leader for the purposes of section 81. Guidelines for identification

Part

SCHEDULE 6

1
Manner of identification
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AI-assisted research summary: This provision is titled “Manner of identification.”

1. Manner of identification
2
Guidelines for identification
Verify source ↗

AI-assisted research summary: The extracted text is a section heading for guidelines for identification and definitions, without a stated rule in the provided text.

2. Guidelines for identification 10 15 25 30 35 40 14 No. 19614 Act No. 117, 1998 Definitions GOVERNMENT G~EnE, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 DEFINITIONS
1
In this Act, unless the context otherwise indicates—
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AI-assisted research summary: This section defines terms used in the Act, such as by-election, capacity, councillor, municipality, Minister, speaker, ward, and ward committee.

1. In this Act, unless the context otherwise indicates— in relation to a duty, includes an instruction to perform the duty: in relation to ~ district council, means the election of the councillors “by-election” means an election that is held between the regular elections called in terms of section 24; “capacity”, in relation to a municipality. includes the administrative and financial management capacity and infrastructure that enables a municipality to collect revenue and to govern on its own initiative the local government affairs of its community: “category”. in relation to municipalities. means a category A, B or C municipality en~’isaged in section 15j( 1 ) of the Constitution: “councillor” means a member of a municipal council: “delegation”. “Demarcation Act” means the Local Government: Municipal Demarcation Act. 1998 (Act No. 27 of 1998); “Demarcation Board” means the Municipal Demarcation Board established by section ~ of the Demarcation Ac(: “district council” means the municipal council of a district municipality: “district management area” means a part of a district municipality which in terms of section 6 has no local municipality and is governed b) that district municipality alone; “district municipality” means a municipality that has municipal executive and Iegis]ative authority in an area that includes more than one municipality, and which is described in section 15j( 1 ) of the Constitution as ~ categor! C municipality: ‘election”, referred to in section 23( 1 )([/) and (c): .’Electoral Act”’ the Electoral Act, 1998 (Act No. 73 of 1998); “Electoral Commission” means the Electoral Commission established by section 18 I of” the Constitution; “executive committee” means an executive committee established in terms of section 4.3: “executive mayor”’ means an executive mayor elected in terms of section 55: “existing municipality”’ includes a municipality that existed when this Act took effect: “integrated development plan” means a plan aimed at the integrated development and rnunagement of a municipal area: “local council” means the municipal council of a local municipality: “local municipality” means a municipality that shares municipal executive and legislative authoritv in its area with a district municipality within whose area it falls. and which is described-in section 155(1) of the Constitution as a category B municipality: “MEC for local government” means the member of the Executive Council of a province responsible for local government in the province: “metro council” means the municipal council of a metropolitan municipality; “metropolitan municipality.’ means a municipality that has exclusive executive and legislative authority in its area. and which is described in section 155(1) of the Constitution as a category A municipality; “metropolitan subcouncil” or “subcouncil” means a metropolitan subcouncil established in terms of section 62: “Minister” means the national Minister responsible for local government: “municipal council” or “council” means a municipal council referred to in section 157 of the Constitution: “municipality “ includes a municipality referred to in section 155(6) of the Constitu- tion; “organised local government in the province” means a pro~incial organisation recognised in terms of section 2(1 )(h) of the Organised Local Government Act. 1997 (Act NO. j~ of 1997): “party”. itl ~.lation t~ 5 10 15 20 25 30 35 40 45 50 (u, a metro or local council. means a Pa~Y referred to in paragraph (u) or (b) of 55 item 10 of Schedule 1: or (b) a district council. means a party referred to in paragraph (a) or (b) of item 4 of Schedule 2: ““-”Y 16 No. 19614 Act No. 117, 1998 GOVERNMENT G~nE, I g DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 “prescribe” means prescribe by regulation in terms of section 92; “SALGA” means the South African Local Government Association recognised in terms of section 2( I )(a) of the Organised Local Government Act, 1997 (Act No. 52 of 1997); “speaker” means a councillor elected in terms of section 36 to be the chairperson of a municipal council as envisaged in section 160(1)(b) of the Constitution; “type” in relation to municipalities, means a type of municipality envisaged in section 155(2) of the Constitution, and defined in Part 2 of Chapter 1 of this Act; “ward” means a ward mentioned in item 2 of Schedule 1; “ward committee” means a ward committee established in terms of section 73. CHAPTER 1 CATEGORIES AND TYPES OF MUNICWALITY Part 1: Categories of municipality Areas which must have category A municipalities
2
The traditional leader to be identified must—
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AI-assisted research summary: The traditional leader to be identified must hold the supreme office of authority among the leaders and live in the municipality concerned.

2. The traditional leader to be identified must— (a) hold the supreme office of authority among all the leaders of the traditional authority referred to in item 1; and (b) be ordinarily resident within the area of the municipality concerned.

Part

Part 2: Types of municipali~

7
The different types of municipality that may be established within each catego~ of
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AI-assisted research summary: This section lists the systems used to define the types of municipality that may be established within each category of municipality.

7. The different types of municipality that may be established within each catego~ of municipality are defined in accordance with the following systems of municipal government or combinations of those systems. as set out in sections 8.9 and 10: ~o (a) Collective executi~re system which allows for the exercise of executive authority through an executive committee in which the executive leadership of the municipalit~’ is collectively vested. (12) Mayoral executive system which allows for the exercise of executive authority through an executive mayor in whom the executive leadership of the 25 municipality is vested and who is assisted by a mayoral committee. (c) Plenary executive system which limits the exercise of executive authority to the municipal council itself. (d) Subcouncil participatory system which allows for delegated powers to be exercised by subcouncils established for parts of the municipality. 30 (c) MJard participatory system which allows for matters of local concern to wards to be dealt with by committees established for wards. Types of category A municipalities
8
There are the following types of catego~ A municipalities:
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AI-assisted research summary: This provision lists the types of category A municipalities.

8. There are the following types of catego~ A municipalities: (a) a municipality with a collective executive system; (b) a municipality with a collective executive system combined with a subcouncil 35 participatory system: (c) a municipality with a collective executive system combined with a ward participatory system: (d) a municipality with a collective executive system combined with both a 40 subcouncil and a ward participatory system: (e) a municipality with a mayoral executive system: ~) a municipality with a mayoral executive system combined with a subcouncil participatory system; (g) a municipality with a mayoral executive system combined with a ward 45 participatory system; and (h) a municipality with a mayoral executive system combined with both a subcouncil and a ward participatory system. %pes of category B municipalities
9
There are the following types of category B municipalities:
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AI-assisted research summary: This provision lists the types of category B municipalities.

9. There are the following types of category B municipalities: (a) a municipality with a collective executive system: 50 20 No. 19614 Act No. 117, 1998 GOVERNMENT GUE~, 18 DECEMBER 1998 LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT, 1998 (b) a municipality with a collective executive system combined with a ward participatory system; (c) a municipality with a mayoral executive system; (d) a municipality with a mayoral executive system combined with a ward participatory system: (e) a municipality with a plenary executive system; and (H a municipality with a plenary executive system combined with a ward participatory system. Types of category C municipalities
10
There are the following types of category C municipalities:
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AI-assisted research summary: This section lists the types of category C municipalities.

10. There are the following types of category C municipalities: (u) a municipality with a collective executive system: (b) a municipality with a mayoral executive system; and (c) a municipality with a plenary executive system, Determination of types for provinces 5 10
11
Provincial legislation must determine for each category of municipality the 15
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AI-assisted research summary: Provincial legislation must define municipality types, and the MEC must establish municipalities by notice, consult affected bodies, and publish details and transitional arrangements.

11. Provincial legislation must determine for each category of municipality the 15 different types of municipality that may be established in that category in the province. CHAPTER 2 ESTABLISHMENT OF MUNICIPALITIES MECS to establish municipalities 12. ( 1 ) The MEC for local government in a province, by notice in the Pro\i/lcia/ 20 Ga:er(e. must establish a municipality in each municipal area which the Demarcation Board demarcates in the province in terms of the Demarcation Act. (2) The establishment of a municipality. (u) must be consistent with the provisions of this Act; and (b) takes effect at the commencement of the first election of the council of that 25 municipality. (3) The notice establishing the municipality must specify— (a) the category of municipality that is established: (b) the type of municipality that is established: (c) the boundaries of the municipal area: (d) the name of the municipality; (e) the number of councillors as determined in terms of section 20: (f) which councillors of the municipality (if any ) maybe designated as full-time 30 in terms of section 18(4): (g) any adjustments in the division of functions and powers in terms of section 85 35 affecting the municipality: (II) any provisions of this Act from which the municipality has been exempted in terms of section 91: and (i) any other relevant detail. (4) The MEC for local government must— (a) at the commencement of the process to establish a municipality, give written notice of the proposed establishment to organised local government in the province and any existing municipalities that may be affected by the establishment of the municipality; (b) before publishing a notice in terms of this section. consult— (i) organised local government in the province: and (ii) the existin& municipalities affected by the proposed establishment: and (c) after such consultation publish particulars of the proposed notice for public comment. 40 45 . ~~ No. 19614 Act No. 117, 1998 GOVERNMENT GWEnE, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 Guidelines for selecting types 13. ( 1 ) The Minister, by notice in the Government Gazette, may determine guidelines to assist MECS for local government to decide which type of municipality would be appropriate for a particular area. (~) An MEC for local government must take these guidelines into account when 5 establishing a municipality in terms of section 12 or changing the type of a municipality in terms of section 16(1 )(a). Regulation of effects of establishment of municipality on existing municipalities 14. ( 1 ) The establishment of a municipality in terms of section 12 in the area of an existing municipality supersedes the existing municipality in that area. and the new 10 municipality becomes its successor in law with regard to that area. (2) If subsection ( 1 ) is applicable, the section 12 notice must— ([~) prol,ide for the disestablishment of the existing municipality or. if only part of the existing municipality’s area is affected. the disestablishment of the existing municipality in the affected area: and (b) re&ulate the legal, practical and other consequences of the total or paflial disestablishment of the existing municipality, including— (i) the vacation of office by councillors of the existing municipality: (ii) the transfer of staff from the existing municipality to the superseding municipality: lj ~o (iii ) the transfer of assets, liabilities and administrative and other records from the existing municipality to the superseding municipality. taking into account the interests of creditors of the existing municipality: and (iv) the continued application of any by-laws. regulations and resolutions of the existing municipality to or in that area. and the extent of such 25 application. (3) The transfer of staff in terms of a section 12 notice must take place in accordance with the Labour Relations Act. 1995 (Act No. 66 of 1995). (4) (~{) On production of a certificate by a municipality that any asset registered in a deeds registry was transferred to it in terms of a section 12 notice, a registrar of deeds 30 must make such entries or endorsements in or on any relevant register. title deed or other document to register that asset in the name of that municipality. (1?) NO duty. fee or other charge is payable for a registration in terms of paragraph (a). (5) The MEC for local government in a province. by notice in the Provincial Guzerre. may make pro\’ision for transitional measures to facilitate the disestablishment of an 35 existing municipality and the establishment of a new municipality. The MEC must consult the existing municipality before publishing the notice. Review and rationalisation of existing municipal by-laws

Part

Schedule 5 and is removed from office in terms of the Code:

33
A municipality may establish a committee provided for in this Act if—
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AI-assisted research summary: A municipality may establish a committee only if the Act empowers it to do so and the committee is necessary; an executive committee also requires more than nine councillors.

33. A municipality may establish a committee provided for in this Act if— 10 (a) the municipality is of a type that is empowered in terms of this Act to establish a committee of the desired kind: (b) the establishment of the committee is necessary. taking into account— (i) the extent of the functions and powers of the municipality: (ii) the need for the delegation of those functions and powers in order to ensure efficiency and effectiveness in their performance: and (iii) the financial and administrative resources of the municipality available to support the proposed committee: and (c) in the case of the establishment of an executive committee, the municipality has more than nine councillors. Dissolution of municipal councils 34. ( 1 ) A municipal council may dissolve itself at a meeting called specifically for this purpose. by adopting a resolution dissolving the council with a supporting vote of at least two thirds of the councillors. (2) A municipal council may dissolve itself only when two years have passed since the council was last elected. (3) The MEC for local government in a province, by notice in the Provincial Gazette, may dissolve a municipal council in the province if— (a) the Electoral Commission in terms of section 23(2)(a) of the Demarcation Act is of the view that a boundary determination affects the representation of voters in that council, and the remaining part of the existing term of municipal councils is more than one year: or (b) an intervention in terms of section 139 of the Constitution has not resulted in 25 30 the council being able to fulfil its obligations in terms of legislation. (4) The MEC for local government may dissolve a municipal council in terms of 35 subsection (3)(b) only— (a) with the concurrence of the Minister; and (b) after notice of that dissolution has been tabled in the National Council of Provinces and that Council has approved the dissolution. Caretaker provisions 3j. (1) If a municipal council is dissolved or does not have enough members to form a quorum for a meeting, the MEC for local government in the province must appoint one or more administrators to ensure the continued functioning of the municipality until a new municipal council is elected or until the council has sufficient members for a quorum. (2) When appointing one or more administrators the MEC for local government, by notice in the Provincial Gazette, must determine the functions and powers of the administrator or administrators. 40 45 \ 38 No. 19614 Act No. 117, 1998 GOVERNMENT GAzEnE. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT, 1998 Part 2: Speakers of municipal councils Election of speakers 36. ( 1 ) Each municipal council must have a chairperson who will be called the speaker. (2) At its first sitting after its election. or when necessav to fill a vacancy. a municipal 5 council must elect its speaker from among the counciliors. (3) The municipal manager of the municipality or. if the municipal manager is not available. a person designated by the MEC for local government in the province, presides over the election of a speaker. (4) The procedure set out in Schedule 3 applies to the election of a speaker. (5) A councillor may not hold office as speaker and mayor or executive mayor at the same time. but in a municipality of a type mentioned in section 9(e) or (f) or 10(c) the speaker must be called the mayor. Functions of speakers

Part

Part 7: Municipal managers

82
A municipal council must appoint—
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AI-assisted research summary: A municipal council must appoint a municipal manager and, when needed, an acting municipal manager.

82. A municipal council must appoint— (a) a municipal manager who is the head of administration and also the accounting officer for the municipality: and (b) when necessary, an acting municipal manager. CHAPTER 5 FUNCTIONS AND POWERS OF MUNICIPALITIES 35 40 General 83. (1) A municipality has the functions and powers assigned to it in terms of sections 156 and 229 of the Constitution. (2) The functions and powers referred to in subsection (1) must be divided in the case of a district municipality and the local municipalities within the area of the district municipality, as set out in this Chapter. 45 58 No. 19614 Act No. 117, 1998 GOVERNMENT GAZE~. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 (3) A district municipality must seek to achieve the integrated, sustainable and equitable social and economic development of its area as a whole by— (a) ensuring integrated development planning for the district as a whole: (b) promoting bulk infrastructural development and services for the district as a whole; (c) building the capacity of local municipalities in its area to perform their functions and exercise their powers where such capacity is lacking; and (d) promoting the equitable distribution of resources between the local munici- palities in its area to ensure appropriate levels of municipal services within the area. 5 10 Division of functions and powers between district and local municipalities 84. ( 1 ) A district municipality has the following functions and powers: (a) Integrated development planning for the district municipality as a whole including a framework for integrated development plans for the local municipalities within the area of the district municipality. taking into account 15 the integrated development plans of those local municiPalltles. (b) Bulk supply of water that affects a significant proportion of municipalities in the district. (c) Bulk supply of electricity that affects a significant proportion of municipalities in the district. ~o (d) Bulk sewage purification works and main sewage disposal that affects a significant proportion of municipalities in the district. (e) Solid waste disposal sites serving the area of the district municipality as a whole. (f) Municipal roads which form an integral part of a road transport system for the 25 area of the district municipality as a whole. (g) Regulation of passenger transport services. (h) Municipal airports serving the area of the district municipality as a whole. (i) Municipal health services serving the area of the district municipality as a whole. (~) Fire fighting services serving the area of the district municipality as a whole. (k) The establishment, conduct and control of fresh produce markets and abattoirs serving the area of the district municipality ai a whole. (1) The establishment, conduct and control of cemeteries and crematoria serving the district as a whole. (m) Promotion of local tourism for the area of the district municipality. (n) Municipal public works relating to any of the above functions or any other functions assigned to the district municipality. (o) The receipt. allocation and. if applicable. the distribution of grants made to the district municipality. 30 35 40 (p) The imposition and collection of taxes. levies and duties as related to the above functions or as may be assigned to the district municipality in terms of national legislation. (2) A local municipality has the functions and powers referred to in section 83(1). excluding those functions and powers vested in terms of subsection ( 1 ) of this section in 45 the district municipality in whose area it falls. (3) Subsection (2 )does not prevent a local municipality from performing functions in its area and exercising powers in its area of the nature described in subsection (1). Adjustment of division of functions and powers between district and local municipalities 50 8j. (1) The MEC for local government in a province may. subject to the other provisions of this section, adjust the division of functions and powers between a district and a local municipality as set out in section 84(1) or (2). by allocating, within a prescribed policy framework, any of those functions or powers vested— 60 No. 19614 Act No. 117, 1998 GOVERNMENT GUE~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNIC~AL STRUCTUWS ACT, 1998 (a) in the local municipality, to the district municiptiity; or (b) in the district municipality (excluding a function or power referred to in section 84( 1)(a), (o) or (p)), to the local municipality. (2) An MEC may allocate a function or power in terms of subsection (1) only if— (a) the municipality in which the function or power is vested lacks the capacity to 5 perform that function or exercise that power; and (b) the MEC has consulted the Demarcation Board and considered its assessment of the capacity of the municipality concerned. (3) Subsection (2)(b) does not apply if the Demarcation Board omits to comply with subsection (4) within a reasonable period. (4) The Demarcation Board must— (a) consider the capacity of a district or local municipality to perform the functions and exercise the powers vested in the municipality in terms of section 84( 1 ) or (2) when— (i) determining or redetermining the boundaries of the district and the local municipalities; or (ii) requested in terms of subsection (2)(b) by the MEC for local government in the province concerned to do so; and (b) convey its assessment in writing to the relevant MEC. (5) If an MEC disagrees with the Demarcation Board on the capacity of the district or local municipality and adjusts the division of functions and powers between the district and local municipality, or refuses to adjust the division. con~~ to the assessment of the Demarcation Board, the MEC must furnish reasons to the relevant municipalities and the Minister before finalizing an adjustment in terms of subsection ( 1). (6) Any adjustment of the division of functions and powers by way of an allocation in terms of subsection ( 1 ) or reallocation in terms of subsection (9) must be reflected in the notices referred to in section 12 which establish the municipalities concerned. Where applicable the le&al. practical and other consequences of the allocation or reallocation must be regulated, including— (a) the transfer of staff, (b) the transfer of assets, liabilities and administrative and other records; and (c) the continued application of any by-laws, regulations and resolutions in the area or the municipalities concerned and the extent of such application. (7) The Minister may by notice in the Govemmenr Gazette and after consulting the MEC for local government and the municipalities concemed— (u) vary or withdraw any allocation of a function or power in terms of subsection (1) or reallocation of a function or power in terms of subsection (9); or (b) adjust the division of functions and powers between a district and local municipality if the MEC has refused to make an adjustment in accordance with the assessment of the Demarcation Board. (8) The MEC must amend the relevant section 12 notices to give effect to any variation or withdrawal of any allocation or reallocation in terms of subsection (7). (9) (a) If a function or power has been allocated in terms of subsection(1) the MEC for local government in the province must regularly review the capacity of the relevant municipality and reallocate that function or power to that municipality when that municipality acquires the capacity to perform that function or exercise that power. (b) A reallocation in terms of paragraph (a) must be made with the concurrence of the receiving municipality or, in the absence of such concurrence, after having consulted the Demarcation Board. 10 15 20 15 30 35 40 45 Resolution of disputes concerning performance of functions or exercise of powers 50

Part

Part 3 of this Schedule to representparties proportionally in the council.

7
If a local council has no wards, dl the councillors must be elected from party lists
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AI-assisted research summary: If a local council has no wards, councillors must be elected from party lists.

7. If a local council has no wards, dl the councillors must be elected from party lists in accordance with Part 3 of this Schedule to represent parties proportion~ly in the council. Part 2: Ward elections Number of votes 8.( 1) In an election of a councillor for a ward each voter has one vote only, and a voter may vote for one candidate only. (2) in each ward the candidate who receives the most votes is the elected councillor for that ward. ln the event of two or more candidates receiving an equal number of votes, the result will be determined by lot. Part 3: Propofi’ona[ representation elections Number of votes 9. (1) ln an election for a metro council. or for a local council that has wards, each voter has two votes, and may vote for— (a) not more than one ward candidate; and (b) not more than one party. (2) ln an election for a local council that has no wards, each voter has one vote only, and may vote for one party only. Submission of Iisk of candidates

Part

Part 3: Propofi’ona[ representation elections

10
A list of candidates may be submitted—
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AI-assisted research summary: Certain parties may submit a list of candidates.

10. A list of candidates may be submitted— (a) by a political party registered in terms of the Electoral Act; or (b) by a party other than a party referred to in paragraph (a) if it— (i) has one or more office-beaers; and (ii) operates an office or has an address within the municipality to which the election relates. Party lists 11. (1) The number of candidates on a list submitted by a party may not exceed double the number of seats in the metro or local council to be filled from party lists. 1! 70 No. 19614 Act No. 117.1998 GOVERNMENT GAZE~, 18 DECEMBER 1998 LOCAL GOVEWMENT MUNICIPAL STRUCTUWS ACT 1998 (2) The candidates’ names must appear on the list in the order of the party’s preference, commencin& with the first in order of preference and ending with the last. (3) Every party must seek to ensure that fifty per cent of the candidates on the party list are women and that women and men candidates are evenly distributed through the list. Quota 12. (1) The quota of votes for a seat in the metro or local council, must be determined in accordance with the following formula (fractions to be disregarded): A B-C +1 Where— A represents the total number of valid votes cast for all parties. consisting of those cast on the party vote and those cast for ward candidates representing parties: B represents, the number of seats in the metro or local council: and C represents the number of independent ward councillors elected in the election. (2) If a ward candidate representing a party is elected unopposed. a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose of factor A be counted as two votes. Allocating seats 13. ( 1 ) (a) The total number of valid votes cast for each party on the party vote and for the ward candidates representing the party must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled before any adjustment in terms of subitem (3). (b) If a ward candidate representin& a party is elected unopposed, a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose of paragraph (a) be counted as two votes. (2) (a) If the calculation in subitem (1) yields a surplus not absorbed by the seats awarded to a party. that surplus must compete with similar surpluses accruing to any other party or parties. and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus. (b) If the surplus for two or more parties is equal the seat must be awarded to the party that obtained the highest number of valid votes. (3) (a) In an election for a metro council or for a local council that has wards. the chief electoral officer must deduct from the total number of seats to which each party is entitled in terms of subitem ( 1 ) and (2). the number of ward candidates representing that party who were declared elected. (b) The result is the number of seats which the party is entitled to fill from its list of party candidates. (4) If no party is awarded a seat in terms of subitem ( 1). the votes for each party, read with subitem ( 1 )(b). must be treated in accordance with subitem (2) as if they are surpluses. (5) The chief electoral officer must determine which party candidates are elected by selecting from the party’s list, in accordance with the party’s order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled, beginning with the first candidate on the list and ending with the lowest ranking candidate. Uncontested elections 14. (1) If only one party submitted a list. an election according to proportional representation must not be held for the metro or local council. 72 No. 19614 Act No. 117, 1998 GOVERNME~ GME~E, 18 DECEMBER 1998 LOCAL GOVERNME~ MUNICIPAL STRUCTURES ACT. 1998 (2) The number of seats to which the party is entitled is the total number of seats on the council to be filled by proportional representation. (3) The chief electoral officer must determine which party candidates are elected by selecting from the party’s list, according to the party’s order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled. Procedure if no party applications 15. ( 1 ) If no party applies for registration or every application is rejected. a by-election must be held within 90 days of nomination day. (~) If no p~y applies for registration Or eve~ application is rejected for the by-election— (a) the municipal manager must notify the chief electoral officer within 24 hours: (b) the chief electoral officer within seven days must determine the date for a further election which must be held within 90 days: and (c) the vacancies must remain unfilled until such time as they are filled by way of election. (3) Section 25 applies to a by-election in terms of this item. to the extent that that section can be applied. Excessive seats 16. (1) If, through the election of ward candidates, a party listed on the part of the ballot paper for parties has obtained a number of seats that is equal to. or greater than the total number of seats in the council to which it is entitled under item 13, that party must not be allocated any seats from its list of party candidates. (2) The seats of ward candidates are not affected. Insufficient party lists 17. (1) If a party list contains fewer candidates than the party is entitled to, the chief electoral officer must in writing immediately notify the party of the exact shortfall and request the party to deliver a list supplemented by the name or names of one or more eligible candidates. (2) Immediately upon receipt of the list referred to in subitem (1). the chief electoral officer must allocate the number of representatives, in the order of preference on the list. to which the party is entitled. (3) (a) Subject to paragraph (b)— (i) if the party concerned has ceased to exist, the seat or seats must remain unfilled: (ii) if the party concerned does not deliver a supplemented list. the seat or seats remain unfilled until it delivers a list: or (iii) if the party concerned delivers a supplemented list containing fewer names than the number of seats to be filled from that list. the seat or seats remain unfilled to the extent of the shortfall until it delivers a further list. (b) Where seats are unfilled in terms of paragraph (a), and the vacancies render a quorum for the municipal council impossible. the party concerned forfeits the unfilled seats, and the seats must be filled within 14 days in accordance with subitems (4) to ( 10). (4) If a party forfeits seats. a new quota of votes for a seat must be determined in accordance with the following formula (fractions to be disregarded): A-B C-(D + E) + ~ Where— A represents the total number of valid votes cast for d] parties. consistin& of those cast on the party vote and those cast for ward candidates representing parties: 74 No. 19614 Act No. 117, 1998 GOVERNMENT GME~E. 18 DECEMBER 1998 LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT. 1998 B represents the total number of valid votes cast for the party that has forfeited seats, both on the party vote and for ward candidates representing the party; C represents the number of seats in the council: D represents the number of seats awarded to the forfeiting party: and E represents the number of independent ward councillors elected in the election. (5) (a) The total number of valid votes cast for each party. both on the party vote and for ward candidates representing the party. excluding the party that has forfeited seats. must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled. (b) If the calculation in paragraph (a) yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties. and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus. (c) lfthe surplus for two or more parties is equal. the seat must be awarded to the party that received the highest number of valid votes. (6) If a ward candidate representing a party is elected unopposed. a vote cast by a voter registered in that ward for the party of which that candidate is a representative must for the purpose of factors A and B and subitem (5) be counted as two votes. (7) In an election for a council that has wards. the chief elec[oral officer must deduct from the total number of seats to which each party is entitled in terms of subitem (5). the number of ward candidates representing the party who were declared elected. (8) If no party is awarded a seat in terms of subitem (5 )(a J the votes for each party must be treated in accordance with subitem (5)(b) as if they are surpluses. (9) The chief electoral officer must determine in the manner provided in item 13(5) which party candidates are elected. (10 ) If a party is entitled to an additional number of seats in terms of subitem (5) and its list of candidates does not contain a suficient number of candidates. the party concerned forfeits. subject to subitem (1). the unfilled seats and the process provided in this item must be repeated until all seats have been filled or until all listed candidates have been allocated to a vacant seat. Filling of vacancies 18. ( 1 ) If a councillor elected from a party list ceases to hold office. the chief electoral officer must, subject to item 20. declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy. (~) Where a pMtY ]lst has become exhausted. item 17. adlusted as may contextually be necessary. applies to the supplementation of the list. and if the party fails to supplement its list. or if the party has ceased to exist. the vacancy must remain unfilled. Part 4: Filling and arrrenditzg par~ lists Causes of vacancies on lists

Part

Part 4: Filling and arrrenditzg par~ lists

19
A person who is a candidate on a party list ceases to be a candidate and a vacancj
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AI-assisted research summary: A party may change its candidate list, but must give the chief electoral officer an amended list if it does so; a vacancy caused by a councillor leaving office must be filled within 14 days after a 21-day period.

19. A person who is a candidate on a party list ceases to be a candidate and a vacancj arises in the list when the party withdraws the persons name by written notice to the chief electoral officer. or when that person— (a) assumes office as a councillor; (b) resigns from the list by written notice to the chief electoral officer; (c) becomes ineligible to be a candidate: (d) is disqualified or removed from the list in terms of any legislation: (e) ceases to be a member of the party for which that person was listed as a party candidate; or (f) ceases to be ordinarily resident in the municipality to which the list relates. 76 No. 19614 Act No. 117, 1998 GOVERNMENT GME~. 18 DECEMBER 1998 LOCAL GOVERNMENT. MUNICIPAL STRUCTURES ACT. 1998 Filling vacancies and changing the order 20. (l) A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled within 14 days after expiry of the 21 days’ period. (2) If a party supplements, changes or increases its list in terms of subitem(1) it must provide the chief electoral officer with an amended list. 78 No. 19614 Act No. 117, 1998 Definitions GOVERNMENT GAZE~E, 18 DECEMBER 199X LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 SCHEDULE 2 Electoral system for district councils

Part

Part 1: Proportio~lal elections

2
The councillors of a district council that in terms of section 23 must be elected in
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AI-assisted research summary: District council councillors covered by section 23 must be elected under this Part, with some seats filled from party lists to reflect proportional representation.

2. The councillors of a district council that in terms of section 23 must be elected in accordance with this Part. must be elected as follows: (a) a number of councillors determined for the municipality in terms of section 23(3) must be elected from party lists to proportionally represent parties in the council: and (IJ) a number of councillors allocated in terms of section 23(2)(1~) to any district management areas in the municipality! must be elected from party lists to proportionally represent parties in those areas. Number of votes
3
In an election for a district council—
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AI-assisted research summary: Some registered voters in a district municipality get one vote, while registered voters in a district management area get two votes, with limits on how many parties they may vote for.

3. In an election for a district council— each voter registered in the area of a local municipality within the district municipality has one vote. and may vote for one party only: and each voter registered in a district management area within the district municipality has two votes. and may vote for— (i) not more than one party that submitted a list for the district council: and (ii ) not more than one party that submitted a list for the district management area. Submission of lists of candidates
4
A list of candidates ma} be submitted—
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AI-assisted research summary: Rules for submitting a party candidate list: who may submit it, how many candidates it may include, how names must be ordered, and a gender-balance target.

4. A list of candidates ma} be submitted— (a ~ by a political party registered in terms of the Electoral Act: or (1?) by a party other than a party referred to in paragraph (a) if it— (i) has one or more office-bearers: and (ii ) operates an office or has an address within the district municipality to which the election relates. Party lists j. ( 1 ) The number of candidates on a party list submitted b> a party may not exceed double the number of seats in the district council allocated. as the case may be. for the election of councillors— (a) referred to in section 23(1 )(a); or (b) to represent a district management area in the district council. 80 No. 19614 Act No. 117, 1998 GOVE~MENT GAZETTE. 18 DECEMBER 1998 LOCAL GOVERNMENT MUNCIPAL STRUCTURES ACT. 1998 (2) The candidates’ names must appear on the list in the order of the party’s preference. commencing with the first in order of preference and endin& with the last. (3) Every party must seek to ensure that fifty per cent of the candidates on the party list are women and that women and men candidates are evenly distributed through the list. Quota
6
The quota of votes for a seat in a district council or for a seat in a district council
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AI-assisted research summary: These rules set the vote quota and seat-allocation process for district council or district management area elections, including how vacancies, uncontested elections, and missing party lists are handled.

6. The quota of votes for a seat in a district council or for a seat in a district council as a representative of a district management area, must be determined in accordance with the following formula (fractions to be disregarded): A B +1 Where— A represents the total number of valid votes cast for all parties; and B represents. as the case may be. either— (a) the number of seats in the district council allocated in terms of section 23(l)(aj: or (b) the number of seats allocated to a district management area in the district council. Allocating seats 7. (1) The total number of valid votes cast for each party must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled. (~) (a) If the Calculation in subitem (1) yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties. and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus. (b) If the surplus for two or more parties is equal the seat must be awarded to the party that obtained the highest number of valid votes. (3) If no party is awarded a seat in terms of subitem (1). the votes for each party must be treated in accordance with subitem (2) as if they are surpluses. (4) The chief electoral officer must determine which party candidates are elected by selecting from the party’s list, in accordance with the party’s order of preference on the list. the number of candidates that is equal to the number of seats to which the party is entitled. beginning with the first candidate on the list and ending with the lowest ranting candidate. Uncontested elections 8. (1) If only one party submitted a list. an election must not be held for the district council or in the district management area concerned. (~) The number of seats to which the pmy is entitled is the total number Of seats on the council to be filled by the election concerned. (3) The chief electoral officer must determine which party candidates are elected by selecting from the party’s list, according to the party’s order of preference on the list, the number of candidates that is equal to the number of seats to which the party is entitled. Procedure if no party applications 9. (1) lf no party applies for registration or every application is rejected, a by-election must be held within 90 days of nomination day. 82 No. 19614 Act No. 117, 1998 GOVERNMENT GHE~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTU=S ACT. 1998 (2) lf no party applies for registration or every application is rejected for the by-election— (a) the municipal manager must notify the chief electoral omcer within 24 hours; (b) the chief electoral officer within seven days must determine the date for a further election which must be held within 90 days; and (c) the vacancies must remain unfilled until such time as they are filled by way of election. (3) Section 25 applies to a by-election in terms of this item. to the extent that that section can be applied. Insufficient party lists 10. (1) If a party list contains fewer candidates than the party is entitled to. the chief electoral officer must in writing immediately notify the party of the exact shortfall and request the party to deli~’er a list supplemented by the name or names of one or more eligible candidates. (~ ~ lmmedlatelY upon receipt of the Ilst refened to in subitem (1), the chief electors] officer must allocate the number of representatives, in the order of preference on the list, to which the party is entitled. (3) (a) Subject to paragraph (b)— (i) if the party concerned has ceased to exist. the seat or seats must remain unfilled; (ii ) if the party concerned does not deliver a supplemented list, the seat or seats remain unfilled until it delivers a list; or (iii) if the party concerned delivers a supplemented list containing fewer names than the number of seats to be filled from that list. the seat or seats remain unfilled to the extent of the shortfall until it delivers a further list. (b) Where seats are unfilled in terms of paragraph (a). and the vacancies render a quorum for the municipal council impossible, the party concerned forfeits the unfilled seats, and the seats must be filled within 14 days in accordance with subitems (4) to (8). (4) If a party forfeits seats, a new quota of votes for a seat must be determined in accordance with the following formula (fractions to be disre&arded): Where— A represents the total number of valid votes cast for all parties; B represents the total number of valid votes cast for the party that has forfeited seats; C represents the number of seats in the council to be filled in the election; and D represents the number of seats awarded to the forfeiting party. (5) (a) The total number of valid votes cast for each party. excluding the party that has forfeited seats. must be divided by the quota of votes for a seat. The result is the total number of seats to which each party is entitled. (b) If the calculation in paragraph (a) yields a surplus not absorbed by the seats awarded to a party, that surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus. (c) If the surplus for two or more parties is equti, the seat must be awarded to the party that received the highest number of valid votes. (6) If no party is awarded a seat in terms of subitem (5)(a) the votes for each party must be treated in accordance with subitem (5)(b) as if tiey are surpluses. (7) The chief electoral officer must determine in the manner provided in item 8(3) which party candidates are elected. (8) If a party is entitled to an additional number of seats in terms of subitem (5) and its list of candidates does not contain a sufficient number of candidates, the party concerned, subject to subitem (1), forfeits the unfilled seats and the process provided in this item must be repeated until all seats have been filled or until all listed candidates have been allocated to a vacant seat. 84 No. 19614 Act No. 117, 1998 GOVERNMENT GHE~E, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT, 1998 Filling of vacancies 11. (1) If a councillor elected from a party list ceases to hold office. the chief electoral officer must, subject to item 13. declare in writing the person whose name is on the top of the applicable party list to be elected in the vacancy. (2) Where a party list has become exhausted, item 10. adjusted as may contextually be necessary, applies to the supplementation of the list, and if the party fails to supplement its list, or if the party has ceased to exist, the vacancy must remain unfilled. Causes of vacancies on lists
12
A person who is a candidate on a part} list ceases to be a candidate and a vacancy
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AI-assisted research summary: A party list candidate stops being a candidate, and a vacancy arises, if listed conditions happen; parties may update their list, but must notify the chief electoral officer and fill vacancies on time.

12. A person who is a candidate on a part} list ceases to be a candidate and a vacancy arises in the list when the party withdraws the person’s name by written notice to the chief electoral officer or when that person— (a) assumes office as a councillor: (b) resi&ns from the list by written notice to the chief electoral officer: (c) becomes ineligible to be a candidate: (d) is disqualified or removed from the list in terms of any legislation: (e) ceases to be a member of the party for which that person was listed as a part> candidate: or (f) ceases to be ordinaril! resident in the municipality! to which the list relates. Filling vacancies and changing the order 13. ( 1 ) A party may supplement, change or increase its list at any time, provided that if a c~uncillor elected accordin& to a party list. ceases to hold office, the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled within 14 days after expiry of the 21 days period. (2) If a party supplements, changes or increases its list in terms of subitem (1) it must provide the chief electordl officer with an amended list. Put-t 2: Allocatiorl atld electiojt qf represet~tatiiey qf local coutlcils atld district )t~arlacqel}?er~t area.i r{) district coullci[.s Manner of election
14
The section 23(2) members of a district council must be—
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AI-assisted research summary: Local municipality councils must appoint the section 23(2) district council members from among their own members.

14. The section 23(2) members of a district council must be— (a) appointed by the councils of the local municipalities in the area of the district council from among their members: and (b) if there is a district management area in the district municipality. elected in accordance with Part 1 of this Schedule to represent that area on the district council. Award of seats on district councils 15. (1) The quota of registered voters that a local council or a district management area must have in order to be entitled to a seat on a district council must be determined in accordance with the following formula (fractions to be disregarded)— ;+1 Where— A represents the total number of voters registered on the district council’s segment of the national common voters roll; and B represents the number of seats on the district council detetined in terms of section 23(2)(a) for representatives of the local councils and district management areas but disregarding any increase in terms of section 20(5). 86 NO. 19614 Act NO. 117, 1998 GOVERNMENT GMEfi, 18 DECEMBER 1998 LOCAL GOVERNME~ MUNICIPAL STRUCTURES ACT, 1998 (2) Each local municipality and each district management area in the area of a district municipality is entitled to a number of seats on the district council determined by dividing the total number of voters registered on the segment of the national common voters. roll for that local municipality or district management area by the quota of votes for a seat on the district council determined in accordance with subitem (1). (3) If the calculation in subitem (2) gives a figure that is a fraction of the figure 1, the council or dis~ict management area, must be awarded one seat and must not participate in any further calculation or award. (4) If the calculation in subitem (2) yields a surplus, that surplus must compete with similar surpluses of any other council or district management area. and any seat or seats not awarded in terms of subitems (2) and (3) must be awarded in sequence of the highest surplus, Electing local councils’ representatives to district councils 16. ( 1 ) The chief electoral officer must manage the election of representatives of a local council to the district council. (2) If a local council has been awarded one seat— (a) any councillor may nominate a candidate; (b) each councillor has one vote: and (c) the candidate who receives the most votes is elected. (3) If the council has been awarded more than one seat, the council must elect that number of members according to proportional representation as set out in items 17 to 22. Candidates lists 17. ( 1 ) Every party or councillor may submit a candidates’ list containing the names of councillors, accompanied by a written acceptance by each listed candidate. (2) A party or councillor may not submit more than one list. (3) The candidates’ names must appear on the list in order of preference, startin& with the first in order of preference and ending with the last, (4) The name of a councillor may appear on one list only. (5) Every party or councillor must seek to ensure that fifty per cent of the candidates on the candidates list are women and that women and men candidates are evenly distributed through the list. Number of votes
18
Each councillor casts one vote for one list only.
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AI-assisted research summary: Each councillor must cast only one vote for one list.

18. Each councillor casts one vote for one list only. Determining the quota 19. ln a local council, the quota of votes for a seat to the district council must be determined in accordance with the following formula (fractions to be disregarded)— ++1 Where— A represents the number of members of the local council; and B represents the number of seats that the local council has been awarded on the district council in accordance with item 15. Allocating seats 20. (1) The number of votes cast in favour of each list must be divided by the quota of votes for a seat and the result is the number of seats allocated to that list. (2) If the calculation in subitem (1) gives a surplus, that surplus must compete with 88 No. 19614 Act No. 117, 1998 GOVEWMENT GAZE~. 18 DECEMBER 1998 LOCAL GOVERNME~ MUNICWAL STRUCTURES ACT. 1998 other similar surpluses of any other lists, and any seat or seats not allocated under subitem (1) must be awarded in sequence of the highest surplus. Selecting names from the list
21
The chief electoral officer, inaccordance with theorder ofpreference on a list,
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AI-assisted research summary: The chief electoral officer must select from the tie list the number of candidates equal to the seats allocated to that list, following the order of preference on the list.

21. The chief electoral officer, inaccordance with theorder ofpreference on a list, must select the number ofcandidates from tie list that is equal to the number of seats allocated to that list. Insufficient lists
22
In the case of a list containing fewer names than the number of seats allocated to
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AI-assisted research summary: If a list has fewer names than the seats allocated to it, item 10 applies as far as it can.

22. In the case of a list containing fewer names than the number of seats allocated to that list. the corresponding provisions of item 10 must be applied to the extent that that item can be applied. Filling of vacancies
23
If a councillor elected from a candidates’ list ceases to hold office or the list has
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AI-assisted research summary: If a list councillor leaves office or the list is exhausted, item 11 applies as far as possible. Councillors for a district management area must be elected under the proportional electoral system in Part 1.

23. If a councillor elected from a candidates’ list ceases to hold office or the list has become exhausted. the corresponding provisions of item 11 must be applied to the extent that that item can be applied. Electing members representing a district management area M. The councillors representing a district management area must be elected in accordance with the proportional electoral system set out in Part 1 of this Schedule. 90 No. 19614 Act No. 117, 1998 Application GOVERNMENT GAZE~, 18 DECEMBER 1998 LOCW GOVERNMENT MUNICIPAL STRUCTURES ACT. 1998 S C H E D U L E 3 Election of municipal oflce-bearers
1
The procedure set out in this Schedule applies whenever a municipal council meets
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AI-assisted research summary: The Schedule’s procedure applies when a municipal council meets to elect a speaker, executive mayor, deputy executive mayor, mayor, or deputy mayor.

1. The procedure set out in this Schedule applies whenever a municipal council meets to elect a speaker, an executive mayor. a deputy executive mayor, a mayor or a deputy mayor. Nominations
2
The person presiding at a meeting to which this Scheduie applies must call for the
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AI-assisted research summary: The meeting chair must call for nominations, nominations must use the municipal manager’s form, that form must be signed by two municipal council members, and the nominated person must accept by signing a form or written confirmation.

2. The person presiding at a meeting to which this Scheduie applies must call for the nomination of candidates at the meeting. Formal requirements 3. (1) A nomination must be made on the form determined by the municipal manager. (2) The form on which a nomination is made must be signed by two members of the municipal council. (3) A person who is nominated must indicate acceptance of the nomination by signing either the nomination form or any other form of written confirmation. Announcement of names of candidates
4
At a meeting to which this Schedule applies, the person presiding must announce
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AI-assisted research summary: The presiding person at a covered meeting must announce the nominated candidates’ names and must not allow debate.

4. At a meeting to which this Schedule applies, the person presiding must announce the names of the persons who have been nominated as candidates, but may not permit any debate. Single candidate
5
If only one candidate is nominated. the person presiding must declare that
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AI-assisted research summary: If only one candidate is nominated, the person presiding must declare that candidate elected.

5. If only one candidate is nominated. the person presiding must declare that candidate elected. Election procedure
6
If more than one candidate is nominated—
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AI-assisted research summary: When more than one candidate is nominated, voting is by secret ballot and the presiding person declares elected the candidate with a majority. If no one gets a majority, the lowest-polling candidate is eliminated until someone does. If two candidates tie, a further meeting must be held within seven days.

6. If more than one candidate is nominated— (a) a vote must be taken at the meeting by secret ballot: (b) each councillor present at the meeting may cast one vote; and (c) the person presiding must declare elected the candidate who receives a majority of the votes. Elimination procedure 7. ( 1 ) lf no candidate receives a majority of the votes, the candidate who receives the lowest number of votes must be eliminated and a further vote taken on the remaining candidates in accordance with item 6. This procedure must be repeated until a candidate receives a majority of the votes. (2) When applying subitem (1), if two or more candidates each have the lowest number of votes, a separate vote must be taken on those candidates, and repeated as often as may be necessary to determine which candidate is to be eliminated. Further meetings 8. (1) If only two candidates are nominated, or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, a further meeting must be held within seven days at a time determined by the person presiding. (2) If a further meeting is held in terms of subitem (1), the procedure prescribed in this Schedule must be applied at that meeting as if it were the first meeting for the election in question. 92 No, 19614 Act No. 117, 1998 GOVERNMENT GME~, 18 DECEMBER 1998 LOCAL GOVERNMENT MUNICIPAL STRUCTUMS ACT. 1998 SCHEDULE 4 Method of allocating councillors elected from parp lists to metropolitan subcouncils Quota 1. (1) The quota of votes for a seat in the section 63(1)(b) component of a metropolitan subcouncil, is determined by dividing the total number of valid votes cast for parties on the party vote in the area of that subcouncil in the election for the municipal council concerned. by the total number of seats in that component, plus one. (2) The result, plus one. disregarding fractions, is the quota of votes per Seat. Allocating seats to parties 2. ( 1 ) The total number of valid votes cast for each party on the party vote in the area of the metropolitan subcouncil must be divided by the quota of votes per seat. The result is the total number of seats to which each party is entitled in the section 63(1 )(b) component of that subcouncil. (2) (a) If the calculation in subitem (1) yields a surplus not absorbed by the seats awarded to a party. that surplus must compete with similar surpluses of any other parties, and any undistributed seat or seats must be awarded to the party or parties concerned in sequence of the highest surplus. (b) lf the surplus for two or more parties is equal. the speaker of the municipality must determine by lot which of those parties is entitled to the seat. (3) If no party is awarded a seat in terms of subitem (1), the votes for each party must be treated in accordance with subitem (2) as if they are surpluses. Designation of councillors for metropolitan subcouncils

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Local Government Municipal Structures Act

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Provisions of Local Government Municipal Structures Act

Part 1: Categories of municipality

Part 2: Types of municipality

CHAPTER 2

Part 1: Composition, membership, operation and dissolution

Part 2: Speakers of municipal councils

Part 1: Executive committees

Part 2: Executive mayors

Part 3: Metropolitan subcouncils

Part 4: Ward committees

Part 5: Other committees ofmunicipal councils

Part 6: Participation of traditional leaders

Part 7 Municipal managers

CHAPTER 5

CHAPTER 6

SCHEDULE 1

Part 1: General

Part 2: Ward elections

Part 3: Proportional representation elections

Part 4: Filling and amending party list

SCHEDULE 2

Part 1: Proportional elections

Part 2: Allocation and election of representatives of local councils and

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

Part 2: Types of municipali~

Schedule 5 and is removed from office in terms of the Code:

Part 7: Municipal managers

Part 3 of this Schedule to representparties proportionally in the council.

Part 3: Propofi’ona[ representation elections

Part 4: Filling and arrrenditzg par~ lists

Part 1: Proportio~lal elections

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