Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/69



Chapter 7—Local Government

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.

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

The term of a Municipal Council may be no more than four years, as determined by national legislation.

Internal procedures

A Municipal Council —

makes decisions concerning the exercise of all the powers and the performance of all the functions of the municipality; must elect its chairperson; may elect an executive committee and other committees, subject to national legislation; and may employ personnel that are necessary for the effective performance of its functions.

The following functions may not be delegated by a Municipal Council:

The passing of by-laws; the approval of budgets; the imposition of rates and other taxes, levies and duties; and the raising of loans.

A majority of the members of a Municipal Council must be present before a vote may be taken on any matter. 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. All other questions before a Municipal Council are decided by a majority of the votes cast.

No by-law may be passed by a Municipal Council unless —

all the members of the Council have been given reasonable notice; and the proposed by-law has been published for public comment.

National legislation may provide criteria for determining —

the size of a Municipal Council; whether Municipal Councils may elect an executive committee or any other committee; or the size of the executive committee or any other committee of a Municipal Council.