Act 117 of 1998 (GoN 1650, G. 19614),
Proc. 14, G. 19727,
Act 58 of 1999 (GoN 36, G. 20813, c.i.o 14 January 2000),
Act 27 of 2000 (GoN 700, G. 21367, c.i.o 11 July 2000),
Act 33 of 2000 (GoN 1016, G. 21652, c.i.o 13 October 2000),
Act 32 of 2000 (GoN 1187, G. 21776, c.i.o 1 March 2001 [Proc. R18, G. 22091]),
Act 20 of 2002 (GoN 851, G. 23543, c.i.o 20 June 2002 except section 4: 5 August 2002),
Act 51 of 2002 (GoN 1530, G. 24149, c.i.o 5 December 2002),
Act 2 of 2003 (GoN 408, G. 24597, c.i.o 20 March 2003 [Proc. R22, G. 24698]),
Act 1 of 2003 (GoN 514, G. 24730, c.i.o 9 April 2003),
Act 23 of 2005 (GoN 1261, G. 28363, c.i.o 1 March 2006 [Proc. 7, G. 28558]),
Act 9 of 2006 (GoN 749, G. 29068, commencement of s 59(1): 1 July 2006),
Act 19 of 2008 (GoN 1098, G. 31509, c.i.o 13 October 2008),
Act 55 of 2008 (GoN 20, G. 31787, c.i.o 17 April 2009 [Proc. R23, G. 32130]),
Act 7 of 2011 (GoN 559, G. 34433, c.i.o 5 July 2011),
Act 3 of 2019 (GoN 1515, G. 42865, c.i.o 1 April 2021 [Proc. 38, G. 43981]),
Act 3 of 2021 (GoN 320, G. 44647, c.i.o 1 November 2021 [Proc. 37, G. 45305]),
Act 3 of 2022 (GoN 1233, G. 46740, c.i.o 1 November 2022 [Proc. 92, G. 47370]).
[Commencement: 1 February 1999]
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It is hereby notified that the President has assented to the following Act which is hereby published for general information.
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(English text signed by the President.)
(Assented to 11 December 1998.)
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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.
Whereas the Constitution establishes local government as a distinctive sphere of government, interdependent, and interrelated with national and provincial spheres of government;
Whereas there is agreement on the fundamental importance of local government to democracy, development and nation-building in our country;
Whereas past policies have bequeathed a legacy of massive poverty, gross inequalities in municipal services, and disrupted spatial, social and economic environments in which our people continue to live and work;
Whereas there is fundamental agreement in our country on a vision of democratic and developmental local government, in which municipalities fulfil their constitutional obligations to ensure sustainable, effective and efficient municipal services, promote social and economic development, encourage a safe and healthy environment by working with communities in creating environments and human settlements in which all our people can lead uplifted and dignified lives;
Whereas municipalities across our country have been involved in a protracted, difficult and challenging transition process in which great strides have been made in democratising local government; and
Whereas municipalities now need to embark on the final phase in the local government transition process to be transformed in line with the vision of democratic and developmental local government;
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows.
ARRANGEMENT OF SECTIONS
CHAPTER 1
CATEGORIES AND TYPES OF MUNICIPALITY
Part 1: Categories of municipality
Part 2: Types of municipality
CHAPTER 2
ESTABLISHMENT OF MUNICIPALITIES
CHAPTER 3
MUNICIPAL COUNCILS
Part 1: Composition, membership, operation and dissolution
21A. Code of Conduct
29A. Public notice of meetings of municipal councils
Part 2: Speakers of municipal councils
Part 3: Whips of municipal councils
41A. Election of whip
41B. Functions of whip
41C. Term of office of whip
41D. Vacation of office
41E. Removal from office
41F. Acting whips
CHAPTER 4
INTERNAL STRUCTURES AND FUNCTIONARIES
Part 1: Executive committees
Part 2: Executive mayors
Part 3: Metropolitan subcouncils
Part 4: Ward committees
Part 5: Other committees of municipal councils
79A. Establishment of municipal public accounts committee
Part 6: Participation of traditional leaders
Part 7: Municipal managers
CHAPTER 5
FUNCTIONS AND POWERS OF MUNICIPALITIES
CHAPTER 6
MISCELLANEOUS MATTERS
Schedule 1: Electoral system for metro and local councils and in sparsely populated areas
Schedule 2: Electoral system for district councils
Schedule 3: Election of municipal office-bearers
[Arrangement of Sections am by s 11 of Act 20 of 2002 wef 5 August 2002, s 9 of Act 2 of 2003 wef 20 March 2003, s 18 of Act 55 of 2008 wef 17 April 2009.]
DEFINITIONS
1. Definitions
In this Act, unless the context otherwise indicates—
“authorised representative”, in relation to a party, means a natural person duly authorised by the party in accordance with its constitution to act on the party's behalf for purposes of performing the duties contemplated in sections 27(2) and 43(2)(d) and (e);
[“authorised representative” ins by s 1(a) of Act 3 of 2021 wef 1 November 2021.]
“by-election” means an election that is held between the regular elections called in terms of section 24;
“capacity”, in relation to a municipality, includes the administrative and financial management capacity and infrastructure that enables a municipality to collect revenue and to govern on its own initiative the local government affairs of its community;
“category”, in relation to municipalities, means a category A, B or C municipality envisaged in section 155(1) of the Constitution;
“Code of Conduct” means the Code of Conduct for councillors set out in Schedule 7;
[“Code of Conduct” ins by s 1(b) of Act 3 of 2021 wef 1 November 2021.]
“councillor” means a member of a municipal council;
“declared elected” means the publication of a notice in the Government Gazette reflecting the names of the councillors elected, which councillors are deemed to have been elected to the office on the date of the declaration of the results of an election by the Electoral Commission;
[“declared elected” ins by s 1(c) of Act 3 of 2021 wef 1 November 2021.]
“delegation”, in relation to a duty, includes an instruction to perform the duty;
“Demarcation Act” means the Local Government: Municipal Demarcation Act, 1998 (Act 27 of 1998);
“Demarcation Board” means the Municipal Demarcation Board established by section 2 of the Demarcation Act;
“district council” means the municipal council of a district municipality;
“district management area” .
[“district management area” rep by s 1(d) of Act 3 of 2021 wef 1 November 2021.]
“district municipality” means a municipality that has municipal executive and legislative authority in an area that includes more than one municipality, and which is described in section 155(1) of the Constitution as a category C municipality;
“election”, in relation to a district council, means the election of the councillors referred to in section 23(1)(a);
[“election” subs by s 1(e) of Act 3 of 2021 wef 1 November 2021
“Electoral Act” the Electoral Act, 1998 (Act 73 of 1998);
“Electoral Commission” means the Electoral Commission established by section 181 of the Constitution;
“executive committee” means an executive committee established in terms of section 43;
“executive mayor” means an executive mayor elected in terms of section 55;
“existing municipality” includes a municipality that existed when this Act took effect;
“integrated development plan” means a plan aimed at the integrated development and management of a municipal area;
“local council” means the municipal council of a local municipality;
“Local Government: Municipal Finance Management Act” means the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003);
[“Local Government: Municipal Finance Management Act” ins by s 1(f) of Act 3 of 2021 wef 1 November 2021.]
“local municipality” means a municipality that shares municipal executive and legislative authority in its area with a district municipality within whose area it falls, and which is described in section 155(1) of the Constitution as a category B municipality;
“MEC for local government” means the member of the Executive Council of a province responsible for local government in the province;
“metro council” means the municipal council of a metropolitan municipality;
“metropolitan municipality” means a municipality that has exclusive executive and legislative authority in its area, and which is described in section 155(1) of the Constitution as a category A municipality;
“metropolitan subcouncil” or “subcouncil” means a metropolitan subcouncil established in terms of section 62;
“Minister” means the national Minister responsible for local government;
“municipal council” or “council” means a municipal council referred to in section 157 of the Constitution;
“municipal financial year” means the financial year of a municipality commencing on 1 July each year and ending on 30 June of the following year;
[“municipal financial year” ins by s 3 of Act 19 of 2008 wef 13 October 2008.]
“municipality” includes a municipality referred to in section 155(6) of the Constitution;
“municipal public accounts committee” means the committee established in terms of section 79A;
[“municipal public accounts committee” ins by s 1(g) of Act 3 of 2021 wef 1 November 2021.]
“organised local government in the province” means a provincial organisation recognised in terms of section 2(1)(b) of the Organised Local Government Act, 1997 (Act 52 of 1997);
“party” means a party registered in terms of the Electoral Commission Act, 1996 (Act 51 of 1996);
[“party” subs by s 93 of Act 27 of 2000 wef 11 July 2000.]
“prescribe” means prescribe by regulation in terms of section 92;
“SALGA” means the South African Local Government Association recognised in terms of section 2(1)(a) of the Organised Local Government Act, 1997 (Act 52 of 1997);
“speaker” means a councillor elected in terms of section 36 to be the chairperson of a municipal council as envisaged in section 160(1)(b) of the Constitution;
“type” in relation to municipalities, means a type of municipality envisaged in section 155(2) of the Constitution, and defined in Part 2 of Chapter 1 of this Act;
“ward” means a ward mentioned in item 2 of Schedule 1;
“ward committee” means a ward committee established in terms of section 73.
“whip” means a councillor elected in terms of section 41A to be the whip of a municipal council;
[“whip” ins by s 1(h) of Act 3 of 2021 wef 1 November 2021.]
CHAPTER 1
CATEGORIES AND TYPES OF MUNICIPALITY
Part 1: Categories of municipality
2. Areas which must have category A municipalities
An area must have a single category A municipality if that area can reasonably be regarded as—