Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/70

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 7—Local Government

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(6)

A Municipal Council may make by-laws which prescribe rules and orders for —

(a)

its internal arrangements;

(b)

its business and proceedings; and

(c)

the establishment, composition, procedures, powers and functions of its committees.

(7)

A Municipal Council must conduct its business in an open manner, and may close its sittings, or those of its committees, only when it is reasonable to do so having regard to the nature of the business being transacted.

(8)

Members of a Municipal Council are entitled to participate in its proceedings and those of its committees in a manner that —

(a)

allows parties and interests reflected within the Council to be fairly represented;

(b)

is consistent with democracy; and

(c)

may be regulated by national legislation.

Privilege

161.

Provincial legislation within the framework of national legislation may provide for privileges and immunities of Municipal Councils and their members.

Publication of municipal by-laws

162.

(1)

A municipal by-law may be enforced only after it has been published in the official gazette of the relevant province.

(2)

A provincial official gazette must publish a municipal by-law upon request by the municipality.

(3)

Municipal by-laws must be accessible to the public.

Organised local government

163.

An Act of Parliament enacted in accordance with the procedure established by section 76 must —

(a)

provide for the recognition of national and provincial organisations representing municipalities; and

(b)

determine procedures by which local government may —

(i)

consult with the national or a provincial government;

(ii)

designate representatives to participate in the National Council of Provinces; and

(iii)

nominate persons to the Financial and Fiscal Commission.

Other matters

164.

Any matter concerning local government not dealt with in the Constitution may be prescribed by national legislation or by provincial legislation within the framework of national legislation.