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Water Sector Policy Database (WSPD)

Policy Detail Information
Policy Name: Local Government: Municipal Structures Act 117 of 1998

Open Policy Document Open Policy Document
This document has been opened: 939 times to date.
Date Of Release: 18 Dec 1998
Date Of Expected Review:
Date Last Updated: 15 Feb 2007
Policy Type: Existing legislation
Policy Level: National
Department: Department of Cooperative Governance and Traditional Affairs
Contact Name: Switchboard
Phone Number: 012 334 0600
Fax Number: 012 334 0603
Directorate: Policy & Legislation
Contact Name: Switchboard
Phone Number: (012) 334 0600
Fax Number: (012) 334 0603
Topics covered:
Legislations Impacting on WS/WR
Policy Precis:

To provide for the establishment of municipalities in accordance with the requirements relating to categories and types of municipality; to establish criteria for determining the category of municipality to be established in an area; to define the types of municipality that may be established within each category; to provide for an appropriate division of functions and powers between categories of municipality; to regulate the internal systems, structures and office-bearers of municipalities; to provide for appropriate electoral systems; and to provide for
matters in connection therewith.

Section Summary

  Section Number Section Heading Section Description
1 CATEGORIES AND TYPES OF MUNICIPALITY This chapter deals with categories of municipalities (A, B and C) and the types within those categories, as well as the criteria for determining the types of municipality for an area.
2 ESTABLISHMENT OF MUNICIPALITIES This chapter covers the establishment of municipalities, the regulation thereof, guidelines for selecting types, review and rationalisation of existing by-laws, and repeal, amendment or replacement of section 12 notices.
3 MUNICIPAL COUNCILS Composition, membership, operation and dissolution of municipal councils and provisions relating to speakers of municipal councils.
4 INTERNAL STRUCTURES AND FUNCTIONARIES This section deals with: Executive committees, Executive mayors, Metropolitan subcouncils, Ward committees, Other committees of municipal councils, Participation of traditional leaders and Municipal managers.
5 FUNCTIONS AND POWERS OF MUNICIPALITIES This section deals with the division of functions and powers between district and local municipalities and the adjustment thereof; Resolution of disputes concerning powers and functions and Temporary allocation of powers and functions. District management areas and Co-operation between district and local municipalities are also covered.
6 MISCELLANEOUS MATTERS This section covers miscellaneous matters such as: cross-boundary municipalities. exemptions from provisions of the Act, regulations, application of this Act and transitional arrangements.
Schedule 1 ELECTORAL SYSTEM FOR METRO AND LOCAL COUNCILS Part 1 is a general section dealing with:Delimitation of wards; Number of wards; Delimitation criteria; Publication; Electoral system for councils with wards; Electoral system for councils without wards. Part 2 deals with ward elections: Number of votes; and Uncontested ward elections. Part 3 deals with Proportional representation elections: Number of votes; Submission of lists; Party lists; Quota; Allocating seats; Uncontested elections; Procedure if no party applications; Excessive seats; Insufficient party list; Filling of vacancies. Part 4 deals with: Filling and amending party list: Causes of vacancies on lists; Filling of vacancies and changing order
Schedule 2 ELECTORAL SYSTEM FOR DISTRICT COUNCILS Part 1 deals with proportional elections: Electoral systems for party representatives; Number of votes; Submission of lists; Party lists; Quota; Allocating seats; Uncontested elections; Procedure if no party applications; Insufficient lists; Filling of vacancies; Causes of vacancies; Filling of vacancies and changing order. Part 2 deals with the allocation and election of representatives of local councils and district management areas to district councils: Manner of elections; Award of seats; Electing local councils’ representatives to district councils; Candidates Iists; Number of votes; Determining quota; Allocating seats; Selecting from lists; Insufficient lists; Filling of vacancies; Electing members representing district management areas
Schedule 3 ELECTION OF MUNICIPAL OFFICE-BEARERS This section deals with: Application, Nominations, Formal requirements, Announcement of candidates, Single candidate, Election procedure, Elimination procedure, Further meetings
Schedule 4 METHOD OF ALLOCATING COUNCILLORS ELECTED FROM PARTY LISTS TO METROPOLITAN SUBCOUNCILS This section covers the Quota, Allocating seats to parties, Designation of councillors, the situation where Councillors can serve on one subcouncil only and Vacancies
Schedule 5 CODE OF CONDUCT FOR COUNCILLORS This schedule has been repealed and is now in the Systems Act.
Schedule 6 IDENTIFICATION OF TRADITIONAL LEADERS FOR PURPOSES OF SECTION 81 This section deals with the Manner of identification and Guidelines for identification of traditional leaders

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