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| South Africa NATIONAL LEGISLATION OVERVIEWS  |
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Local
Government: Municipal Structures Amendment Act, No. 3 of 2021
NOTE: Assented to and published in English, with alternative copy in Afrikaans
NOTE: Assented to and published in English, with alternative copy in Afrikaans
Long title
To amend the Local Government: Municipal Structures Act, 1998, so as to insert, delete and amend certain definitions; to remove all references to district management areas; to remove all references to plenary executive system as a type of municipality; to provide for a minimum of 10 councillors per municipality; to amend the deviation threshold; to provide for the prohibition of a councillor who was found guilty of a breach of the Code of Conduct for Councillors for a period of two years; to clarify the date of assumption of office by a councillor; to allow for extension on the declaration of the result of an election; to require the municipal manager to inform the MEC for local government in the province in addition to the Electoral Commission of ward vacancies; to provide that the MEC call and set the date for by-elections; to clarify who can inform the municipal manager of a specific vacancy; to allow the MEC to designate a person to call and chair a meeting of the municipal council when the speaker, acting speaker or municipal manager refuses to call the meeting; to provide for additional functions of the speaker; to provide for a whip of municipal council; to clarify the formula for the composition of an executive committee; to provide for the establishment of a municipal public accounts committee; to provide for the resolution of a situation where excessive seats may arise from the seat calculation in local municipalities; to amend the timeframe for the municipal manager to inform the chief electoral officer of vacancies; to allow for the MEC to inform the chief electoral officer of vacancies if the municipal manager fails to do so; to clarify the supplementation of party lists for local municipalities; to provide for the resolution of multiple seats which may arise where a candidate qualifies to be elected to more than one seat; to clarify the supplementation of party lists for district municipalities; to provide for a Code of Conduct for Councillors; to provide for transitional arrangements in respect of municipalities with a plenary executive system; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| 1. | Amendment of section 1 of Act 117 of 1998... |
| 2. | Repeal of section 6 of Act 117 of 1998... |
| 3. | Amendment of section 7 of Act 117 of 1998 |
| 4. | Substitution of section 9 of Act 117 of 1998 |
| 5. | Substitution
of section 10 of Act 117 of 1998 |
| 6. | Amendment
of section 12 of Act 117 of 1998... |
| 7. | Amendment
of section 20 of Act 117 of 1998... |
| 8. | Amendment
of section 21 of Act 117 of 1998... |
| 9. | Insertion of section 21A in Act 117 of 1998 |
| 10. | Amendment
of section 22 of Act 117 of 1998 |
| 11. | Amendment
of section 23 of Act 117 of 1998 |
| 12. | Amendment
of section 25 of Act 117 of 1998... |
| 13. | Amendment
of section 27 of Act 117 of 1998... |
| 14. | Amendment of section 29 of Act 117 of 1998... |
| 15. | Insertion
of section 29A in Act 117 of 1998 |
| 16. | Amendment
of section 30 of Act 117 of 1998 |
| 17. | Amendment
of section 36 of Act 117 of 1998 |
| 18. | Amendment
of section 37 of Act 117 of 1998... |
| 19. | Insertion of sections 41A, 41B, 41C, 41D, 41E and 41F in Act 117 of 1998 |
| 20. | Amendment
of section 43 of Act 117 of 1998 |
| 21. | Amendment
of section 44 of Act 117 of 1998 |
| 22. | Amendment
of section 45 of Act 117 of 1998... |
| 23. | Amendment
of section 46 of Act 117 of 1998... |
| 24. | Amendment of section 48 of Act 117 of 1998... |
| 25. | Amendment
of section 53 of Act 117 of 1998 |
| 26. | Amendment
of section 56 of Act 117 of 1998... |
| 27. | Amendment
of section 63 of Act 117 of 1998 |
| 28. | Amendment
of section 73 of Act 117 of 1998... |
| 29. | Insertion of section 79A in Act 117 of 1998 |
| 30. | Amendment
of section 81 of Act 117 of 1998... |
| 31. | Repeal
of section 89 of Act 117 of 1998 |
| 32. | General
amendment |
| 33. | Amendment
of Schedule 1 to Act 117 of 1998... |
| 34. | Amendment of Schedule 2 of Act 117 of 1998... |
| 35. | Amendment
of Schedule 3 to Act 117 of 1998... |
| 36. | Addition
of Schedule 7 to Act 117 of 1998 |
| 37. | Repeal
of laws |
| 38. | Transitional arrangements |
| 39. | Short title and commencement |
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