Gauteng Legislature hosts public hearings on Municipal Structures Amendment Bill, 14 to 15 Mar

Legislature’s CoGTA calls for stakeholders input on the Municipal Structures Amendment Bill [B 19B—2018]

Led by Chairperson, Honourable Dr. Nomathemba Mokgethi, the Legislature’s Portfolio Committee on CoGTA and Human Settlements will host a public hearings to solicit written submissions and comments on the Municipal Structures Amendment Bill [B 19B—2018], as amended by the National Parliament’s Portfolio Committee on Portfolio Committee on Cooperative Governance and Traditional Affairs.

The Municipal Structures Amendment Bill [B 19B—2018] applies to the Municipal Structures Act, 1998, so as to insert, delete and amend certain definitions; remove all references to district management areas, as well as references to plenary executive system as a type of municipality. And in addition to providing a uniform legislative framework for the structure and functioning for effective regulation of municipal structures amendment bill practices, the Act also:

1. Provides for a minimum of 10 councillors per municipality;

2. Amends 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;

3. Clarifies the date of assumption of office by a councillor; to allow for extension on the declaration of the result of an election;

4. Requires the municipal manager to inform the MEC for local government in the province in addition to the Electoral Commission of ward vacancies;

5. Provides for the MEC to call and set the date for by-elections;

6. Clarifies who can inform the municipal manager of a specific vacancy;

7. Allows the MEC to designate a person to call and chair a meeting of the municipal council when the speaker;

8. Provide for a whip of municipal council;

9. Clarifies the formula for the composition of an executive committee;

10. Provides for the establishment of a Municipal Public Accounts Committee;

11. Provides for the resolution of a situation where excessive seats may arise from the seat calculation in local municipalities;

12. Amends the timeframe for the municipal manager to inform the chief electoral officer of vacancies;

13. Allows for the MEC to inform the chief electoral officer of vacancies if the municipal manager fails to do so;

14. Clarifies the supplementation of party lists for local municipalities;

15. Provides for the resolution of multiple seats which may arise where a candidate qualifies to be elected to more than one seat;

16. Clarifies the supplementation of party lists for district municipalities;

17. Provides for a Code of Conduct for Councillors; and

18. Provides for matters connected therewith.

Source: Government of South Africa