Public invited to comment on Municipal Structures Amendment Bill

The Municipal Structures Amendment Bill seeks to amend the Local Government: Municipal Structures Act, 1998.

The purpose is 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 councillors per municipality;
• to amend the deviation threshold; to provide for the prohibition of a councillor 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 councillor;
• 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 calls and sets 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;
• and to provide for matters connected therewith.

All interested parties are hereby invited to submit written comments to the Cooperative Governance and Traditional Affairs Portfolio Committee.

Written submissions must be addressed to:

Ms Nonto Molefe,

KwaZulu-Natal Legislature,

Private Bag X 9112,

PIETERMARITZBURG,

3200

The closing date for written submissions is 28 May 2020.

Copies of the Bill are available on the KZN Legislature’s website: www.kznlegislature.gov.za.

For further details, please contact Nonto Molefe on 033 355 7467 or email: ndlovunz@kznleg.gov.za.