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Local Government: Municipal Structures Amendment Act 3 of 2021 (English / Afrikaans)

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3 of 2021

The Local Government: Municipal Structures Amendment Act 3 of 2021 intends:

  • 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.

Commencement

To be proclaimed