Chapter 7: Local Government (3) subsection (1)(a), (b), (d) or (e) may be a candidate for the Council, subject to any limits or conditions established by national legislation. Vacancies in a Municipal Council must be filled in terms of national legislation. [Sub-s. (3) added by s. 4 of the Constitution Fifteenth Amendment Act of 2008.] Terms of Municipal Councils 159. (1) (2) (3) The term of a Municipal Council may be no more than five years, as determined by national legislation. If a Municipal Council is dissolved in terms of national legislation, or when its term expires, an election must be held within 90 days of the date that Council was dissolved or its term expired. A Municipal Council, other than a Council that has been dissolved following an intervention in terms of section 139, remains competent to function from the time it is dissolved or its term expires, until the newly elected Council has been declared elected. [S. 159 substituted by s. 1 of the Constitution Second Amendment Act of 1998.] Internal procedures 160. (1) (2) (3) 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. 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. (a) A majority of the members of a Municipal Council must be present before a 82