Chapter 7: Local Government by agreement and subject to any conditions, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 which necessarily relates to local government, if— (a) � that matter would most effectively be administered locally; and (b) � the municipality has the capacity to administer it. (5) � A municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions. Composition and election of Municipal Councils 157. (1) A Municipal Council consists of— (a) members elected in accordance with subsections (2) and (3); or (b) if provided for by national legislation— (i) � members appointed by other Municipal Councils to represent those other Councils; or (ii) both members elected in accordance with paragraph (a) and members appointed in accordance with subparagraph (i) of this paragraph. [Sub-s. (1) substituted by s. 1 (a) of the Constitution Eighth Amendment Act of 2002 and by s. 3 of the Constitution Fifteenth Amendment Act of 2008.] (2) � The election of members to a Municipal Council as anticipated in subsection (1)(a) must be in accordance with national legislation, which must prescribe a system— (a) of proportional representation based on that municipality’s segment of the national common voters roll, and which provides for the election of members from lists of party candidates drawn up in a party’s order of preference; or (b) of proportional representation as described in paragraph (a) combined with a system of ward representation based on that municipality’s segment of the national common voters roll. (3) � An electoral system in terms of subsection (2) must result, in general, in proportional representation. [Sub-s. (3) substituted by s. 1(b) of the Constitution Eighth Amendment Act of 2002.] (4) � (a) If the electoral system includes ward representation, the delimitation of wards must be done by an independent authority appointed in terms of, and operating according to, procedures and criteria prescribed by national 80