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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 7 - Local Government

160. Internal procedures

 

 

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.

 

6) A Municipal Council may make by-laws which prescribe rules and orders for :
a) its internal arrangements;
b) its business and proceedings; and
c) the establishment, composition, procedures, powers and functions of its committees.

 

7) A Municipal Council must conduct its business in an open manner, and may close its sittings, or those of its committees, only when it is reasonable to do so having regard to the nature of the business being transacted.

 

8) Members of a Municipal Council are entitled to participate in its proceedings and those of its committees in a manner that :
a) allows parties and interests reflected within the Council to be fairly represented;
b) is consistent with democracy; and
c) may be regulated by national legislation.