SECTION |
TITLE |
|
PREAMBLE |
|
TABLE
OF CONTENTS |
1. |
Definitions |
|
CHAPTER
1. CATEGORIES
AND TYPES OF
MUNICIPALITY |
|
Part
1. Categories of municipality |
2. |
Category
A municipality |
3. |
Category
B and C municipalities |
4. |
Criteria |
5. |
... [...repealed
by Act 1999_058_002_20000114 - was entitled "Metropolitan areas"] |
6. |
... [... repealed by Act 2021_003_002_20210601 - was entitled "District:t
management area"] |
|
Part
2. Types of municipality |
7. |
General |
8. |
Types
of category A municipalities |
9. |
Types
of category B municipalities |
10. |
Types
of category C municipalities |
11. |
Determination
of types |
|
CHAPTER
2.
ESTABLISHMENT OF
MUNICIPALITIES |
12. |
Establishment |
13. |
...
[...repealed
by Act 1999_058_004_20000114
- was entitled "Guidelines for selecting types"] |
14. |
Regulation
of establishment |
15. |
Review
and rationalisation of by-laws |
16. |
Amendment
of section 12 notices |
17. |
Repeal,
amendment or replacement of
section 12 notices |
|
CHAPTER
3. MUNICIPAL
COUNCILS |
|
Part
1. Composition, membership,
operation
and dissolution |
18. |
Municipal councils |
19. |
Municipal
objectives |
20. |
Number
of councillors |
21. |
Qualifications
for councillors |
21A. | Code of Conduct [...inserted by Act 2021_003_009_20210601] |
22. |
Election
of metro and local councils |
23. |
Election
and appointment of district
councils |
24. |
Term
of councils |
25. |
By-elections |
26. |
Term
of office of councillors |
27. |
Vacation
of office |
28. |
Privileges
and immunities |
29. |
Meetings |
29A. | Public notice of meetings of municipal councils [...inserted by Act 2021_003_015_20210601] |
30. |
Quorums
and decisions |
31. |
... [...repealed
by Act 2000_032_000_20001120 - was entitled "Business of councils"] |
32. |
... [...repealed
by Act 2000_032_000_20001120
- was entitled "Delegations of powers and duties"] |
33. |
Criteria
for committees |
34. |
Dissolution
of councils |
35. |
Caretaker
provisions |
|
Part
2. Speakers of municipal
councils |
36. |
Election |
37. |
Functions |
38. |
Term
of office |
39. |
Vacation
of office |
40. |
Removal
from office |
41. |
Acting
speakers |
| Part 3. Whips of municipal councils [...inserted by Act 2021_003_019_20210601] |
41A. | Election of whip [...inserted by Act 2021_003_019_20210601] |
41B. | Functions of whip [...inserted by Act 2021_003_019_20210601] |
41C. | Term of office of whip [...inserted by Act 2021_003_019_20210601] |
41D. | Vacation of office [...inserted by Act 2021_003_019_20210601] |
41E. | Removal from office [...inserted by Act 2021_003_019_20210601] |
41F. | Acting whips [...inserted by Act 2021_003_019_20210601] |
|
CHAPTER
4. INTERNAL
STRUCTURES AND
FUNCTIONARIES |
|
Part
1. Executive committees |
42. |
Establishment |
43. |
Composition |
44. |
Functions
and powers |
45. |
Determination of members of executive
committees [...Title amended by Act 2021_003_022_20210601 - was entitled "Election of members of executive committees"] |
46. |
Term
of office of members |
47. |
Vacancies |
48. |
Election
of mayor |
49. |
Functions
and powers of mayor |
50. |
Meetings |
51. |
Procedures |
52. |
Quorum
and decisions |
53. |
Removal
from office |
|
Part
2. Executive mayors |
54. |
Types
to elect |
55. |
Election |
56. |
Functions
and powers |
57. |
Term
of office of executive mayors |
58. |
Removal
from office |
59. |
Vacation
of office |
60. |
Mayoral
committees |
|
Part
3. Metropolitan subcouncils |
61. |
Types
to establish |
62. |
Establishment |
63. |
Composition |
64. |
Functions
and powers |
65. |
Chairpersons |
66. |
Term
of office of members |
67. |
Vacancies |
68. |
Meetings |
69. |
Procedures |
70. |
Quorum
and decisions |
71. |
Committees |
|
Part
4. Ward committees |
72. |
Municipalities
which may have ward
committees |
73. |
Establishment |
74. |
Functions
and powers |
75. |
Term
of office |
76. |
Vacancies |
77. |
Remuneration |
78. |
Dissolution |
|
Part
5. Other committees of
municipal
councils |
79. |
Establishment |
79A. | Establishment of municipal public accounts committee [...inserted by Act 2021_003_029_20210601] |
80. |
Committees
to assist |
|
Part
6. Participation of traditional
leaders |
81. |
Participation in traditional and Khoi-San leaders in municipal councils [...Title amended by Act 2019_003_064_20191128 Sch - was entitled "Participation
in councils"] |
|
Part
7. Municipal managers |
82. |
... [...repealed
by Act 2011_007_015_20110705 - was entitled "Appointment"]** [...
repealed by Act 2022_003_015_20220817 - NOTE had already been
repealed by Act 2011_007_015_20110705]** |
|
CHAPTER
5. FUNCTIONS
AND POWERS OF
MUNICIPALITIES |
83. |
General |
84. |
Division
of functions and powers |
85. |
Adjustment
of division of functions
and
powers |
86. |
Resolution
of disputes |
87. |
Temporary
allocation |
88. |
Co-operation
between councils |
89. |
... [...repealed by Act 2021_003_031_20210601 - was entitled "District management areas"] |
|
CHAPTER 6. MISCELLANEOUS MATTERS |
90. | ...[... repealed by Act 2005_023_003_20051223 - was entitled "Cross-boundary municipalities"] |
91. | Exemptions
from certain provisions of this Act |
92. |
Regulations |
93. |
Application
of this Act and
transitional
arrangements |
93A. |
... [...inserted
by Act
2002_020_007_20020620] [...amended by Act 2003_002_009_20030319 - was
entitled "Special measures for application of item 6 of Schedule 6A to Constitution"} [...repealed
by Act 2008_055_015_20090109 - was entitled "Special measures for
application of
item 6 of Schedule 6B to Constitution"] |
93B. |
... [...inserted
by Act
2002_020_007_20020620] [...repealed
by Act 2008_055_015_20090109 -
was entitled "Publication of notice by Electoral Commission"] |
94. |
Amendment
of section 5 of Act 51 of
1996 |
95. |
Short
title |
Sch.
1. |
SCHEDULE
1. ELECTORAL
SYSTEM FOR
METRO AND
LOCAL COUNCILS AND IN SPARSELY POPULATED AREAS [s22, s27 and s63] |
|
1
Definitions |
|
Part
1 General |
|
2
Delimitation of wards |
|
3
Number of wards |
|
4
Delimitation criteria |
|
5
Publication |
|
6
Electoral system for councils
with wards |
|
7
Electoral system for councils
without
wards |
|
Part
2 Ward elections |
|
8
Number of votes |
|
8A
Uncontested ward elections [...inserted
by Act
2002_051_022_20021205] |
|
Part
3 Proportional representation
elections |
|
9
Number of votes |
|
10
Submission of lists of
candidates |
|
11
Party lists |
|
12
Quota |
|
13
Allocating seats |
|
14
Uncontested elections |
|
15
Procedure if no party
applications |
|
16
Excessive seats |
|
17
Insufficient party list |
| 17A Multiple seats [... inserted by Act 2021_033(c)_20210601] |
|
18
Filling of vacancies and
changing order |
|
Part
4 Filling and amending party
list |
|
19
Causes of vacancies |
|
20
Filling of vacancies and
changing order |
Sch.
2. |
SCHEDULE
2. ELECTORAL
SYSTEM FOR
DISTRICT
COUNCILS [s1;
s20; s23] |
|
1
Definitions |
|
Part
1 Proportional elections |
|
2
Electoral systems for party
representatives |
|
3
Number of votes |
|
4
Submission of lists of candidates |
|
5
Party lists |
|
6
Quota |
|
7
Allocating seats |
|
8
Uncontested elections |
|
9
Procedure if no party applications |
|
10
Insufficient lists |
| 10A Multiple seats [... inserted by Act 2021_003_034(g)_20210601] |
|
11
Filling of vacancies |
|
12
Causes of vacancies |
|
13
Filling of vacancies and
changing order |
|
Part
2 Allocation and election of
representatives of local councils to
district councils [... Title amended by Act 2021_003_000_20210601 - was entitled "Allocation and election of
representatives of local councils and district management areas to
district councils"] |
|
14
Manner of elections |
|
15
Award of seats |
|
16
Electing representatives to
district
councils |
|
17
Candidates lists |
|
18
Number of votes |
|
19
Determining quota |
|
20
Allocating seats |
|
21
Selecting from lists |
|
22
Insufficient lists |
|
23
Filling of vacancies of district concils [... Title amended by Act 2021_003_034(l)_20210601 - was entitled "Filling of vacancies"] |
|
24 ... [... repealed by by Act 2021_003_034(m)_20210601 - was entitled "Electing members representing district management areas"] |
Sch.
3. |
SCHEDULE
3. ELECTION
OF MUNICIPAL
OFFICE-BEARERS [s36; s41A; s48; s55] |
|
1
Application |
|
2
Nominations |
|
3
Formal requirements |
|
4
Announcement of candidates |
|
5
Single candidate |
|
6
Election procedure |
|
7
Elimination procedure |
|
8
Further meetings |
Sch.
4. |
SCHEDULE
4. [s63] [...Title amended by Act _
- was
entitled
“Method of allocating councillors elected from party lists to
metropolitan subcouncils”] |
|
Part
1 Method of allocating
councillors
elected from party lists to metropolitan subcouncils [...inserted by
Act
2002_020_01_200206200] |
|
1
Allocating sets to parties [...Title amended by Act _
- was
entitled
“Quota”] |
|
Part
2 Principles of allocating councillors elected from party lists to
metropolitan subcouncils [...inserted
by Act 2002_020_010_20020620] |
|
2
Principles of allocating seats to
parties [...Title amended by Act _
- was
entitled “Allocating seats to parties”] |
|
Part
3 General principles [...inserted
by
Act
2002_020_000_20020620] |
|
3
Designation of councillors for
metropolitan subcouncils [...Title amended by Act _ - was
entitled “Designation of councillors”] |
|
4
Councillors to service on one
metropolitan
subcouncil only [...Title amended by Act _ - was
entitled “Councillors to serve on one
council only”] |
|
Vacancies |
|
Preamble |
Sch.
5. |
...[s27, s37 and s81] [...repealed
by Act 2000_032_121_20001120 Sch3 - was entitled "SCHEDULE 5. CODE OF CONDUCT FOR
COUNCILLORS"] |
|
1 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Definitions"] |
|
2 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"General conduct"] |
|
3
[... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Attendance at meetings"] |
|
4 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Sanctions for non-attendance"] |
|
5 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Disclosure of interest"] |
|
6 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Personal gain"] |
|
7 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Declaration of interest"] |
|
8 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Full-time councillors"] |
|
9 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Rewards, gifts and favours"] |
|
10 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Unauthorised disclosure of
information"] |
|
11 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Intervention in administration"] |
|
12 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Council property"] |
|
13 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Duty of chairperson"] |
|
14 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Breaches of code"] |
|
15 [... repealed by Act 2000_032_121_20001120 Sch3 - was entitled
"Application to traditional
leaders"] |
Sch.
6. |
... [s81] [...repealed by Act 2019_003_064_20191128 Sch3 Item2 - was entitled SCHEDULE
6.
IDENTIFICATION OF
TRADITIONAL
LEADERS FOR PURPOSES OF SECTION 81"] |
Sch. 7. | SCHEDULE 7. CODE OF CONDUCT FOR COUNCILLORS [s1] [...inserted by Act 2021_003_036_20210601] |