Local Government Act, 2019

This section gives the Act’s short title and defines key terms used in the Act.

The Minister may make statutory orders to establish councils for districts and may confer municipal status on a town council.

The President may, by proclamation, give a municipal council the status of a city and city council and must determine the name it will be known by.

The Minister may make a transfer and vesting order to adjust council matters when district boundaries change, and special steps apply if a district ceases to exist or its name changes.

A local authority is a body corporate and has power to do acts needed or incidental to its functions, subject to this Act and other written law.

A council’s corporate name is the name given in the order that establishes it, and the Minister may change that name by statutory order after consulting the council.

The council may تعیین the seal’s design, the principal officer must keep it, and seal affixing must be authenticated by the listed officers or authorised person, subject to section 14.

A mayor or council chairperson heads the council and must carry out specified council leadership functions.

A deputy mayor or deputy council chairperson must be elected when a council first sits after a general election or establishment, and again at the first ordinary meeting after the relevant two-and-a-half-year term expires or a vacancy arises.

A deputy mayor or deputy council chairperson holds office for 2.5 years and may be re-elected for one further 2.5-year term.

A councillor must take and subscribe an oath before a Magistrate before assuming office.

If the mayor or council chairperson’s office is vacant, or the officeholder is absent or otherwise unable to act, the office functions are carried out by the deputy mayor or deputy council chairperson, and if that deputy is absent, by a councillor elected by the council.

Functions carried out by certain council officeholders remain valid even if their appointment had a qualifying defect.

The Third Schedule applies to a council’s meetings and proceedings.

A local authority must carry out the functions given to it by the Act within its area, and may do so outside its area if the Minister approves.

A local authority may control, regulate, collaborate on, abolish, or discontinue an undertaking, service, or facility when this Act gives it that power, and it must carry out functions conferred by the Act subject to other written law.

The Minister may, subject to the Constitution, give a local authority extra powers by statutory order.

A local authority may enter into necessary contracts, but its contracts must comply with standing orders, this Act, or other written law.

A local authority may make standing orders with the Minister’s approval, and its contracts must comply with the Public Procurement Act, 2008 and other written law.

A local authority may acquire land by agreement, and the President may acquire land on the local authority’s application if the acquisition is being hindered and the statutory conditions are met.

A local authority may accept and manage gifts of property for local public purposes or residents’ benefit, and may use related funds for associated spending subject to stated conditions.

A local authority may sell, let, or otherwise dispose of its property, but sales must be valued before completion and long lets or other disposals need the Minister’s prior approval.

A local authority may make certain grants or loans, but only with the Minister’s approval.

A local authority may make by-laws to impose a levy in its area, and those by-laws may set different rules, collection details, exemptions, or suspension arrangements.

A proposal that introduces a licence, permit, or certificate under this Act must follow the licensing procedure and criteria in the Business Regulatory Act, 2014.

A local authority may charge fees for licences, permits, services, facilities, goods, or documents, but charges for owners rates and personal levy need the Minister’s prior approval.

A councillor is entitled to be paid allowances, with the amount determined by the Allowances Emoluments Commission.

Councils may appoint qualified aldermen, must revoke an appointment if the person is no longer worthy, and may not make more alderman appointments once the cap is reached.

A council may grant honorary freeman status to a distinguished person who has rendered eminent services, and must annul it if the person later ceases to be worthy; both actions require a council resolution backed by at least two-thirds of councillors.

The National Government must support, oversee, finance, and coordinate local authorities in carrying out their functions under the Act.

A Provincial Minister must monitor the performance of functions at the provincial level for local authority matters.

A Ministry must provide technical advice, support, and training in its sector for local authority implementation of national policies and performance standards, subject to the Constitution.

If a local authority is acting improperly or inefficiently, the Minister must call the council together, point out the irregularities, and give guidance; the Provincial Minister must monitor how that guidance is carried out. If the matter is grave, the Minister must also set up an ad hoc committee to investigate and report.

A local authority must provide information to the Minister when requested, and copy it to the Provincial Minister where appropriate.

This section creates a Ward Development Committee in each ward and gives the local authority, Minister, and Town Clerk or Council Secretary specific roles in elections, guidelines, appointments, and committee establishment.

A Ward Development Committee has listed functions to plan, coordinate, report on, and support ward development work.

A Ward Development Executive Committee is established, made up of specified part-time members, and must carry out the executive functions of a Ward Development Committee.

A local authority may dissolve a Ward Development Committee for specified reasons, and may suspend or dissolve it with the Minister’s approval.

A local authority’s financial year is the 12-month period ending on 31 December each year.

A local authority must ensure an annual budget is prepared.

The Minister responsible for finance may make regulations about general or special funds, after consulting a local authority, and subject to the Constitution and the Public Finance Management Act, 2018.

A local authority must open and maintain a bank account.

A local authority must keep proper accounting records, have its accounts audited every year, and let the public inspect the accounts during office hours for a prescribed fee.

Local authorities must submit an annual report to the Minister within three months after the financial year, and the Minister must table it in the National Assembly within seven days after the next sitting. Local authorities also pay the auditors’ fees.

A local authority may invest funds it does not immediately need, but only with the Minister responsible for finance’s approval and subject to the Public Finance Management Act, 2018.

The Minister responsible for finance may make regulations about the Equalisation Fund, local authorities must spend at least 20% of Fund money on capital expenditure, and an annual report must be prepared and laid before the National Assembly.

A local authority may borrow money, but only subject to the Public Finance Management Act, 2018 and for carrying out its functions.

A local authority must not borrow money or receive a grant or donation from outside the Republic unless the Minister has first approved it.

A local authority’s borrowed money is charged on its general fund, and its securities rank according to the Movable Property (Security Interest) Act, 2016 or other written law.

A local authority may suspend repayment of a borrowed sum if the lender consents, and the suspension can last no more than five years.

Lenders to a local authority do not have to investigate whether the borrowing or use of the money was legal, regular, or properly applied, and they are protected from prejudice caused by those defects.

A councillor must perform civic duties and responsibilities with dignity and integrity, following the code of ethics in the Fifth Schedule.

If a recommendation is made for a councillor to vacate office, the Chief Justice must constitute an ad hoc Local Government Code of Ethics Tribunal.

A councillor must submit a declaration of assets, liabilities, and income to a Magistrate in the area, as prescribed.

If a council cannot adequately perform its functions, the Minister may appoint a Local Government Administrator, suspend the councillors, and give the administrator the council’s functions. The administrator must leave office when the suspension is lifted.

A Minister-made order under section 56 expires after 90 days unless revoked, but the Minister may extend it in 90-day periods for local administration. If the order appointing the Local Government Administrator is revoked, that administrator stops performing council functions and the council takes over those functions.

A local authority may make by-laws, as long as it acts subject to the Constitution and this Act.

By-laws made by a local authority under this Act must be in English.

A local authority by-law may set penalties for by-law breaches, including fines, short imprisonment, daily fines for continuing breaches, recovery of expenses, licence or permit revocation after conviction, and compounding of offences with DPP consent.

Local authorities must publish and make by-laws available for inspection before seeking approval, and the principal officer must give public notice and forward any objections to the Minister.

A local authority’s by-law does not take legal effect until the Minister approves it.

The Minister may amend or revoke a local authority by-law by statutory order, but must first give the local authority reasonable notice and an opportunity to make representations.

The Minister may make regulations by statutory instrument, but only for purposes and to the same extent that local authorities may make by-laws or standing orders under the Act.

The Minister may, by statutory order and after consulting a local authority, apply or withdraw regulations made under section 65 for all or part of that local authority’s area.

Regulations made under section 64 prevail over conflicting or inconsistent local authority by-laws or standing orders in the local authority area.

A reference in other laws to local-authority by-laws or standing orders under this Act includes regulations made under section 65 that apply in a local authority area, unless the context requires otherwise.

The Civil Service Commission must appoint a Provincial Local Government Officer for each province, and that officer must carry out delegated and other legally conferred functions within the province.

A person commits an offence for obstructing local authority officers, preventing an owner from doing required work or complying with a local authority requirement, or refusing/misstating the owner’s name on demand.

People or classes of people may inspect or copy certain documents if they pay a prescribed fee.

A required public notice must be published in a newspaper with general circulation in the local authority’s area, unless the Minister approves another method.

A document may be served on a local authority by personal service, delivery to its registered office, or, if that is not possible, by registered or electronic mail.

A local authority may start criminal proceedings for alleged breaches of this Act or a local by-law, and may also start or defend civil proceedings when it considers that expedient for local inhabitants’ interests.

Authenticated minutes, books, registers, copies, or extracts can be used as prima facie evidence in proceedings for the facts stated in them.

A local authority authorised officer may arrest without warrant, with police approval, if there is reasonable suspicion of a contravention of the Act; the person may be held until handed to a police officer.

A function done by someone acting as a local authority officer or employee is not invalid just because a defect is later found in that person’s appointment or qualifications.

The Minister may approve, confirm, determine, withdraw, or alter matters under this Act, including subject to conditions and limitations.

The Minister may appoint one or more people to inquire into matters related to the Minister’s functions and report recommendations back to the Minister.

A local authority may make necessary guidelines under the Act, but must publish them in the Gazette before they take effect; it may also publish them in a daily newspaper.

The Minister may make regulations by statutory instrument for carrying out this Act, including fire authorities, fire brigades, inspections, safety standards, and trade regulations.

The Local Government Act, 1991 is repealed.

The Minister must transfer certain council property, rights, and obligations to or in a local authority, and councils continue to exist after commencement.

A local authority must manage general administration by maintaining offices and buildings, insuring against certain losses and liabilities, and maintaining law and order, local security, and good administration.

A local authority must regulate the erection and display of advertisements in streets and other public places.

A local authority must carry out agriculture-related functions such as managing farms, livestock, pests, forests, meat control, and abattoirs.

A local authority must manage public streets and related road infrastructure, control obstructions and traffic, and promote road safety.

A local authority must carry out a list of community development functions, including lighting, firefighting services, food-related controls, land-use control, building control, debris removal, fencing control, and assigning locality names and premises numbers.

A local authority must provide and maintain specified public amenities and services.

A local authority must carry out public-health functions, including environmental health services, cemeteries and mortuaries, control of dangerous substances, and measures against nuisances and vermin.

A local authority must take public-order measures for events, street collections, decency, property protection, public information services, and publicity about local amenities.

A local authority must keep and maintain specified registration records.

A local authority must carry out a range of sanitation, drainage, refuse, and water-supply functions.

A local authority must perform several listed municipal functions, and two of them need approval from specified authorities.

This provision defines “predecessor” and “successor” councils for district-restructuring purposes.

A transfer and vesting order may transfer property, rights, liabilities, staff, records, compensation, guarantees, and court proceedings from a predecessor to a successor.

Councils must meet regularly, new councils must meet within three months, and special meetings may be convened with approval and on request.

The principal officer of a council must give every councillor written notice at least 24 hours before a council meeting, including the place, day, time, and business to be discussed.

The quorum for a council meeting is one half of all councillors at an ordinary meeting and two thirds at a special meeting. If vacancies or declared interests leave fewer than two thirds able to participate, quorum is worked out using only councillors in office who have not declared an interest.

Council meetings must be presided over by the mayor or council chairperson, or by the deputy if they are absent, or by a councillor elected at that meeting if both are absent.

Council decisions must be made by a majority of councillors present and voting; if votes are tied, the chair has a casting vote.

Councillors with a pecuniary interest in a matter before the council must disclose it and must not take part in discussion or voting, subject to stated exceptions.

A council may adjourn meetings. If no quorum is present, the councillors present must adjourn the meeting; if no councillors are present, the principal officer must do so and may set a suitable place, day, and time for the adjourned meeting.

Council and committee meetings must be open to the public, unless the meeting is properly excluded by resolution.

A council must keep English-language minutes of each meeting, record the names of councillors present, confirm and sign the minutes, and later provide copies to the Minister. Interested persons may inspect the minutes, except for proceedings excluded from the public.

A council may set up standing and occasional committees, and councils with more than six councillors must set up a standing committee.

The council appoints committee members from councillors or people qualified to be councillors, and a standing committee member must be a councillor.

Committee meetings must be held as required, may be adjourned, and voting/presiding rules apply.

The committee must keep English minutes of each meeting, record who was present, confirm and sign the minutes, send copies to the Minister within one month, and allow interested persons to inspect certain minutes unless disclosure would harm the public interest.

A council may delegate functions to a committee or officer, but a local authority cannot delegate certain powers or delegate to a committee with non-councillors.

Committee proceedings must be reported to the council at one of the next two ordinary meetings after the committee meeting.

A committee may appoint sub-committees from among its members, sub-committees set their own procedure subject to council standing orders, and sub-committees may not exercise delegated council functions.

Council officers and employees are not personally liable for acts done within their employment and in honest belief they were required or allowed by law.

A Ward Development Committee must meet at least once every quarter of each financial year, and it may regulate its own procedure subject to the rest of the Act.

Ward Development Committee members serve for two and a half years, may be re-appointed once, may stay on briefly until a replacement is appointed, and committee elections must be held within two months after general elections.

If a vacancy occurs in a Ward Development Committee office, a by-election must be held at the Committee’s next meeting.

A Ward Development Committee member who attends meetings or activities must do so voluntarily and is not entitled to allowances or fees.

A committee may appoint sub-committees from among its members to examine and report on matters. A sub-committee sets its own procedure, but only subject to the council’s standing orders, and it cannot do functions delegated to the committee.

The provision includes a rule that a councillor must not acquire a pecuniary advantage.

Section 10 is titled “Declaration of assets, liabilities and income.”

This section concerns registration of declarations of interest and assets.

12. Collective responsibility of councillors

This section concerns declarations that are treated as statutory declarations.

Section title: Local Government Code of Ethics Tribunal.

Section heading for payment of fees, remuneration or expenses.

This section defines three terms used in the Code: “Code,” “Principal Officer,” and “Tribunal.”

Subject to the Constitution, this Code applies to councillors.

A councillor must comply with this Code, the Act, and any other applicable law.

Councillors must respect, protect and promote fundamental rights and freedoms when doing their duties, and must not belong to organisations that promote or practice discrimination.

A councillor who belongs to a professional body must maintain that body’s professional competence and ethics, and a councillor must not act in a way that suggests they can be improperly influenced.

A councillor must act in good faith, honestly and transparently, put the local authority’s interests first, and make official duties take precedence.

A councillor must attend council meetings and committee meetings where the councillor is a member.

Councillors must keep confidential council information about property, staff, or legal matters, and must not disclose confidential council information unless required by law.

A councillor must not use their duties to gain a pecuniary advantage or help another person gain one.

A councillor must declare specified financial interests, income, assets, liabilities, and certain gifts to the Chief Resident Magistrate, and must notify the Principal Officer if the declared details change.

The Chief Resident Magistrate must enter declaration particulars in a Register and keep the Register maintained. Members of the public may inspect it at reasonable times, subject to a prescribed fee.

A councillor must not act against collective responsibility or make certain public criticisms or disclosures.

A declaration made under paragraph 11 counts as a statutory declaration for the Constitution and the Act.

A person with reasonable grounds to believe a councillor breached the Code may complain to the Principal Officer, who must refer it to the council. The council must appoint an ad hoc committee to investigate and report within 90 days, and the committee may recommend penalties or referral of removal recommendations to a Tribunal.

A councillor may appeal a council decision to the Minister within 14 days, and the Minister must decide the appeal within 30 days after receiving it.

The Chief Justice may make rules for the tribunal’s functions, composition, member appointments, member tenure, procedures, and jurisdiction.

Fees, remuneration, and expenses for the Tribunal under this Act must be paid from funds appropriated by Parliament for enforcing this Code.

This provision lists meeting misconduct and the associated disciplinary consequences, including reprimand, referral to a tribunal, suspension, ejection from meetings, and loss of allowances.

This section concerns disclosure of confidential information.

This section is titled “Gaining pecuniary advantage” and mentions “Severe reprimand.”

The provision concerns accepting bribes, commissions, fees, advances, gifts, or rewards, and says the matter is to be referred to a Tribunal for vacation of office.

This section is titled “Misuse of council property” and indicates a reprimand.

This section is titled about dishonest and unethical reprimand behaviour.

This section is titled “Lowering the integrity of a local authority Reprimand.”

The text refers to disrespect to councillors or reprimand of staff, with matters to be referred to a tribunal and possible suspension of up to six months or vacation of office.