Chapter 7: Local Government Terms of Municipal Councils 159. (1) The term of a Municipal Council may be no more than five years, as determined by national legislation. (2) 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. (3) 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) 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. 79

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents