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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Local Government: Municipal Structures Act, No. 117 of 1998

Long title


To provide for the establishment of municipalities in accordance with the requirements relating to categories and types of municipality; to establish criteria for determining the category of municipality to be established in an area; to define the types of municipality that may be established within each category; to provide for an appropriate division of functions and powers between categories of municipality; to regulate the internal systems, structures and office-bearers of municipalities; to provide for appropriate electoral systems; and to provide for matters in connection therewith.

Table of contents

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repealed by Act 1999_058_002_20000114 - was entitled "Metropolitan areas"]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 repealed by Act 2021_003_002_20210601 - was entitled "District:t management area"] 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repealed by Act 1999_058_004_20000114 - was entitled "Guidelines for selecting types"]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repealed by Act 2000_032_000_20001120 - was entitled "Business of councils"]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repealed by Act 2000_032_000_20001120 - was entitled "Delegations of powers and duties"]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"]

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. District management areas [...repealed by Act 2021_003_031_20210601 - was entitled "District management areas"]

CHAPTER 6. MISCELLANEOUS MATTERS
90. ... [...repealed by Act 2005_023_000_20051223 - was entitled "Cross-boundary municipalities"]
91. Exemptions from provisions of 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 Constitutoin"} [...repealed by Act 2008_055_015_20090109 - was entitled "Special measures for application of item 6 of Schedule 6B to Constitution"] 
93B. ... [...repealed by Act 2008_055_015_20090109 - was entitled "Publication of notice by Electoral Commission"] [...inserted by Act 2002_020_007 - was repealed]
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

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

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

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

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 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

24 Electing members representing district management areas
Sch. 3. SCHEDULE 3. ELECTION OF MUNICIPAL OFFICE-BEARERS

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. [...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. ... [...repealed by Act 2000_032_000 - was entitled "SCHEDULE 5. CODE OF CONDUCT FOR COUNCILLORS"]

1 Definitions

2 General conduct

3 Attendance at meetings

4 Sanctions for non-attendance

5 Disclosure of interest

6 Personal gain

7 Declaration of interest

8 Full-time councillors

9 Rewards, gifts and favours

10 Unauthorised disclosure of information

11 Intervention in administration

12 Council property

13 Duty of chairperson

14 Breaches of code

15 Application to traditional leaders
Sch. 6. ... [...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 [...inserted by Act 2021_003_036_20210601]

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As unamended Act 1998_117_000_19981218  EXT.LINK REQ.INFO LINK
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As amended by Act 2000_027_000_20000711 .  N/A REQ.INFO LINK
As amended by Act 2000_032_000_20001120 .  N/A REQ.INFO LINK
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As amended by Act 2003_001_000_20030409 .  N/A REQ.INFO LINK
As amended by Act 2003_002_000_20030319 .  N/A REQ.INFO LINK
As amended by Act 2005_023_000_20051223 .  N/A REQ.INFO LINK
As amended by Act 2006_009_000_20060725 .  N/A REQ.INFO LINK
As amended by Act 2008_019_000_20081013 .  N/A REQ.INFO LINK
As amended by Act 2008_055_000_20090109 .  N/A REQ.INFO LINK
As amended by Act 2011_007_000_20110705 .  N/A REQ.INFO LINK
As amended by Act 2019_003_000_20191128 . N/A REQ.INFO LINK
As amended by Act 2021_003_000_20210601 . N/A REQ.INFO LINK
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