MUNICIPAL STRUCTURES AMENDMENT ACT 2021
To amend the Local Government: Municipal Structures Act, 1998, so as to insert, delete and amend certain definitions;
To remove all references to district management areas; to remove all references to plenary executive system as a type
of municipality;
To provide for a minimum of 10 councilors per municipality; to amend the deviation threshold;
To provide for the prohibition of a councilor who was found guilty of a breach of the Code of Conduct for Councillors for a period of two years;
To clarify the date of assumption of office by a councilor; to allow for extension on the declaration of the result of an election;
To require the municipal manager to inform the MEC for local government in the province in addition to the
Electoral Commission of ward vacancies; to provide that the MEC call and set the date for by-elections;
To clarify who can inform the municipal manager of a specific vacancy;
To allow the MEC to designate a person to call and chair a meeting of the municipal council when the speaker, acting speaker or municipal manager refuses to call the meeting;
To provide for additional functions of the speaker;
To provide for a whip of municipal council; to clarify the formula for the composition of an
executive committee;
To provide for the establishment of a municipal public accounts committee;
To provide for the resolution of a situation where excessive seats may arise from the seat calculation in local municipalities;
To amend the time frame for the municipal manager to inform the chief electoral officer of vacancies;
To allow for the MEC to inform the chief electoral officer of vacancies if the municipal manager fails to do so;
To clarify the supplementation of party lists for local municipalities;
To provide for the resolution of multiple seats which may arise where a candidate qualifies to be elected to more than one seat; to clarify the supplementation of party lists for district municipalities;
To provide for a Code of Conduct for Councillors;
To provide for transitional arrangements in respect of municipalities with a plenary executive system;
And to provide for matters connected therewith.