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Government Gazette, 18 December 1996
No. 17678 67
| Constitution of the Republic of South Africa, 1996 | Act No. 108, 1996 |
Chapter 7—Local Government
(e)
a member of another Municipal Council; but this disqualification does not apply to a member of a Municipal Council representing that Council in another Municipal Council of a different category.(2)
A person who is not eligible to be a member of a Municipal Council in terms of subsection (1)(a), (b), (d) or (e) may be a candidate for the Council, subject to any limits or conditions established by national legislation.
Terms of Municipal Councils
159.
The term of a Municipal Council may be no more than four years, as determined by national legislation.
Internal procedures
160.
(1)
A Municipal Council —(a)
makes decisions concerning the exercise of all the powers and the performance of all the functions of the municipality;(b)
must elect its chairperson;(c)
may elect an executive committee and other committees, subject to national legislation; and(d)
may employ personnel that are necessary for the effective performance of its functions.(2)
The following functions may not be delegated by a Municipal Council:(a)
The passing of by-laws;(b)
the approval of budgets;(c)
the imposition of rates and other taxes, levies and duties; and(d)
the raising of loans.(3)
(a)
A majority of the members of a Municipal Council must be present before a vote may be taken on any matter.(b)
All questions concerning matters mentioned in subsection (2) are determined by a decision taken by a Municipal Council with a supporting vote of a majority of its members.(c)
All other questions before a Municipal Council are decided by a majority of the votes cast.(4)
No by-law may be passed by a Municipal Council unless —(a)
all the members of the Council have been given reasonable notice; and(b)
the proposed by-law has been published for public comment.(5)
National legislation may provide criteria for determining —(a)
the size of a Municipal Council;(b)
whether Municipal Councils may elect an executive committee or any other committee; or(c)
the size of the executive committee or any other committee of a Municipal Council.