South Africa
Local Government: Municipal Structures Act, 1998
Act 117 of 1998
- Published in Government Gazette 19614 on 18 December 1998
- Assented to on 11 December 1998
- Commenced on 1 February 1999 by Local Government: Municipal Structures Act, 1998: Commencement
- [This is the version of this document from 1 November 2022.]
- [Amended by Local Government: Municipal Structures Amendment Act, 1999 (Act 58 of 1999) on 14 January 2000]
- [Amended by Local Government: Municipal Electoral Act, 2000 (Act 27 of 2000) on 11 July 2000]
- [Amended by Local Government: Municipal Structures Amendment Act, 2000 (Act 33 of 2000) on 13 October 2000]
- [Amended by Local Government: Municipal Structures Amendment Act, 2002 (Act 20 of 2002) on 20 June 2002]
- [Amended by Local Government: Municipal Structures Amendment Act, 2002 (Act 20 of 2002) on 5 August 2002]
- [Amended by Local Government Laws Amendment Act, 2002 (Act 51 of 2002) on 5 December 2002]
- [Amended by Constitution Tenth Amendment Act, 2003 on 20 March 2003]
- [Amended by Local Government: Municipal Structures Amendment Act, 2003 (Act 1 of 2003) on 9 April 2003]
- [Amended by Cross-Boundary Municipalities Laws Repeal and Related Matters Act, 2005 (Act 23 of 2005) on 1 March 2006]
- [Amended by Small Business Tax Amnesty and Amendment of Taxation Laws Act, 2006 (Act 9 of 2006) on 1 July 2006]
- [Amended by Local Government Laws Amendment Act, 2008 (Act 19 of 2008) on 13 October 2008]
- [Amended by General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Act, 2008 (Act 55 of 2008) on 17 April 2009]
- [Amended by Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011) on 5 July 2011]
- [Amended by Traditional and Khoi-san Leadership Act, 2019 (Act 3 of 2019) on 1 April 2021]
- [Amended by Local Government: Municipal Structures Amendment Act, 2021 (Act 3 of 2021) on 1 November 2021]
- [Amended by Local Government: Municipal Systems Amendment Act, 2022 (Act 3 of 2022) on 1 November 2022]
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);[definition of "authorised representative" inserted by section 1(a) of Act 3 of 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;[definition of "Code of Conduct" inserted by section 1(b) of Act 3 of 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;[definition of "declared elected" inserted by section 1(c) of Act 3 of 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 No. 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” [definition of "district management area" deleted by section 1(d) of Act 3 of 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);[definition of "election" substituted by section 1(e) of Act 3 of 2021]“Electoral Act” the Electoral Act, 1998 (Act No. 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 No. 56 of 2003);[definition of "Local Government: Municipal Finance Management Act" inserted by section 1(f) of Act 3 of 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;[definition of "municipal financial year" inserted by section 3 of Act 19 of 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;[definition of "municipal public accounts committee" inserted by section 1(g) of Act 3 of 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 No. 52 of 1997);“party” means a party registered in terms of the Electoral Commission Act, 1996 (Act No. 51 of 1996);[definition of “party” substituted by section 93 of Act 27 of 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 No. 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.[definition of "whip" inserted by section 1(h) of Act 3 of 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—3. Areas which must have municipalities of both category C and B
An area that does not comply with the criteria set out in section 2 must have municipalities of both category C and category B.4. Application of criteria
5. ***
[section 5 repealed by section 2 of Act 58 of 1999]6. ***
[section 6 amended by section 3 of Act 58 of 1999 and repealed by section 2 of Act 3 of 2021]Part 2 – Types of municipality
7. General
The different types of municipality that may be established within each category of municipality are defined in accordance with the following systems of municipal government or combinations of those systems, as set out in sections 8, 9 and 10:8. Types of category A municipalities
There are the following types of category A municipalities:9. Types of category B municipalities
There are the following types of category B municipalities:10. Types of category C municipalities
There are the following types of category C municipalities:11. Determination of types for provinces
Provincial legislation must determine for each category of municipality the different types of municipality that may be established in that category in the province.Chapter 2
Establishment of municipalities
12. MECs to establish municipalities
13. ***
[section 13 repealed by section 4 of Act 58 of 1999]14. Regulation of effects of establishment of municipality on existing municipalities
15. Review and rationalisation of existing municipal by-laws
If an existing municipality is wholly or partially superseded by another municipality in terms of section 14(1), the by-laws, regulations and resolutions (including standing delegations) of the existing municipality, to the extent that they continue to apply in the area or part of the area of the superseding municipality as provided for in section 14(2)(b)(iv), must be reviewed and, where necessary, rationalised by the superseding municipality.16 Amendment of section 12 notices
17. Repeal, amendment or replacement of section 12 notices when boundaries are re-determined
Chapter 3
Municipal councils
Part 1 – Composition, membership, operation and dissolution
18. Municipalities must have municipal councils
19. Municipal objectives
20. Determination of number of councillors
21. Qualifications for councillors
21A. Code of Conduct
The Code of Conduct applies to every member of a municipal council.[section 21A inserted by section 9 of Act 3 of 2021]22. Election of metropolitan and local councils
23. Election and appointment of district councils
24. Term of municipal councils
25. By-elections
26. Term of office of councillors
27. Vacation of office
28. Privileges and immunities
29. Meetings of municipal councils
29A. Public notice of meetings of municipal councils
The municipal manager of a municipality must give notice to the public, in a manner determined by the municipal council, of the time, date and venue of every—30. Quorums and decisions
31. ***
[section 31 repealed by section 121 of Act 32 of 2000]32. ***
[section 32 repealed by section 121 of Act 32 of 2000]33. Criteria for establishment of committees
A municipality may establish a committee provided for in this Act if—34. Dissolution of municipal councils
35. Caretaker provisions
Part 2 – Speakers of municipal councils
36. Election of speakers
37. Functions of speakers
The speaker of a municipal council—38. Term of office of speakers
The speaker of a municipal council is elected for a term ending, subject to section 39, when the next council is declared elected.39. Vacation of office
The speaker of a municipal council vacates office during a term if that person—40. Removal from office
A municipal council by resolution may remove its speaker from office. Prior notice of an intention to move a motion for the removal of the speaker must be given.41. Acting speakers
If the speaker of a municipal council is absent or not available to perform the functions of speaker, or during a vacancy, the council must elect another councillor to act as speaker.Part 3 – Whips of municipal councils
[Part 3 inserted by section 19 of Act 3 of 2021]41A. Election of whip
41B. Functions of whip
The whip of a municipal council—41C. Term of office of whip
The whip of a municipal council is elected for a term ending, subject to section 41D, when the next council is declared elected.[section 41C inserted by section 19 of Act 3 of 2021]41D. Vacation of office
The whip of a municipal council vacates office during a term if that person—41E. Removal from office
41F. Acting whips
If the whip of a municipal council is absent or not available to perform the functions of whip, or during a vacancy, the council must elect another councillor to act as whip.[section 41F inserted by section 19 of Act 3 of 2021]Chapter 4
Internal structures and functionaries
Part 1 – Executive committees
42. Only municipalities of certain types may establish executive committees
43. Composition of executive committees
44. Functions and powers of executive committees
45. Determination of members of executive committees
[heading substituted by section 22(a) of Act 3 of 2021]A municipal council must determine the members of its executive committee from among its members at a meeting that must be held—46. Term of office of members
The members of an executive committee are determined for a term ending, subject to section 47, when—47. Vacancies
48. Election of mayors
49. Functions and powers of mayors
50. Meetings of executive committees
51. Procedures of executive committees
An executive committee, by resolution taken with a supporting vote of a majority of its members, may determine its own procedures subject to any directions and the rules and orders of the municipal council.52. Quorum and decisions
53. Removal from office of executive committees
Part 2 – Executive mayors
54. Only municipalities of certain types may elect executive mayors
55. Election of executive mayors
56. Functions and powers of executive mayors
57. Term of office of executive mayors
58. Removal from office
A municipal council, by resolution may remove its executive mayor or deputy executive mayor from office. Prior notice of an intention to move a motion for the removal of the executive mayor or deputy executive mayor must be given.59. Vacation of office
An executive mayor or deputy executive mayor vacates office during a term if that person—60. Mayoral committees
Part 3 – Metropolitan subcouncils
61. Only metropolitan municipalities of certain types may establish metropolitan subcouncils
62. Establishment of metropolitan subcouncils
63. Composition
64. Functions and powers
65. Chairpersons
A metropolitan subcouncil must elect one of its members to be the chairperson of that subcouncil.66. Term of office of members
67. Vacancies
A section 63(1)(b) member vacates office during a term if that person—68. Meetings
69. Procedures of metropolitan subcouncils
A metropolitan subcouncil, with a supporting vote of a majority of its members, may determine its own procedures, subject to any directions of the metro council.70. Quorum and decisions
71. Committees
A metropolitan subcouncil may appoint committees, including a management committee, from among its members to assist it in the performance of its duties and the exercise of its powers.Part 4 – Ward committees
72. Only metropolitan and local municipalities of certain types may have ward committees
73. Establishment of ward committees
74. Functions and powers of ward committees
A ward committee—75. Term of office of members
76. Vacancies
If a vacancy occurs among the section 73(2)(b) members of a ward committee, the vacancy must be filled in accordance with a procedure determined by the metro or local council.77. Remuneration
No remuneration is payable to the section 73(2)(b) members of a ward committee.78. Dissolution of ward committees
A metro or local council may dissolve a ward committee if the committee fails to fulfil its object.Part 5 – Other committees of municipal councils
79. Establishment
79A. Establishment of municipal public accounts committee
80. Committees to assist executive committee or executive mayor
Part 6 – Participation of traditional leaders
81. Participation of traditional and Khoi-San leaders in municipal councils
Part 7 – Municipal managers
82. ***
[section 82 amended by section 121 of Act 32 of 2000, repealed by section 15 of Act 7 of 2011 and by section 15(b) of Act 3 of 2022]Chapter 5
Functions and powers of municipalities
83. General
84. Division of functions and powers between district and local municipalities
85. Adjustment of division of functions and powers between district and local municipalities
86. Resolution of disputes concerning performance of functions or exercise of powers
If a dispute arises between a district and a local municipality concerning the performance of a function or the exercise of a power, the MEC for local government in the province, after consulting them, may, by notice in the Provincial Gazette, resolve the dispute by defining their respective roles in the performance of that function or in the exercise of that power.[section 86 substituted by section 8 of Act 33 of 2000]87. Temporary allocation of functions and powers
88. Co-operation between district and local municipalities
89. ***
[section 89 repealed by section 31 of Act 3 of 2021]Chapter 6
Miscellaneous matters
90. ***
[section 90 repealed by section 3 of Act 23 of 2005]91. Exemptions from certain provisions of this Act
92. Regulations
The Minister may make regulations not inconsistent with this Act prescribing—93. Application of this Act and transitional arrangements
93A. ***
[section 93A inserted by section 7 of Act 20 of 2002, amended by section 9 of Constitution Tenth Amendment Act, 2003 and repealed by section 15 of Act 55 of 2008]93B. ***
[section 93B inserted by section 7 of Act 20 of 2002, amended by section 9 of Constitution Tenth Amendment Act, 2003 and repealed by section 15 of Act 55 of 2008]94. Amendment of section 5 of Act 51 of 1996
Section 5 of the Electoral Commission Act, 1996 (Act No. 51 of 1996), is hereby amended by the deletion is subsection (1) of paragraph (m).95. Short title
This Act is called the Local Government: Municipal Structures Act, 1998, and takes effect, subject to section 93, on a date determined by the President by proclamation in the Gazette.History of this document
01 November 2022 this version
01 November 2021
01 April 2021
05 July 2011
13 October 2008
01 July 2006
01 March 2006
09 April 2003
20 March 2003
05 December 2002
05 August 2002
20 June 2002
13 October 2000
11 July 2000
14 January 2000
01 February 1999
18 December 1998
11 December 1998
Assented to
Cited documents 12
Act 12
1. | Local Government: Municipal Systems Act, 2000 | 4621 citations |
2. | Spatial Planning and Land use Management Act, 2013 | 3426 citations |
3. | Promotion of Administrative Justice Act, 2000 | 2698 citations |
4. | Labour Relations Act, 1995 | 2464 citations |
5. | Local Government: Municipal Finance Management Act, 2003 | 1775 citations |
6. | Local Government: Municipal Electoral Act, 2000 | 1441 citations |
7. | Constitution of the Republic of South Africa, 1993 | 913 citations |
8. | Local Government Transition Act, 1993 | 782 citations |
9. | Electoral Commission Act, 1996 | 736 citations |
10. | Electoral Act, 1998 | 529 citations |
Documents citing this one 4497
Gazette 3983
By-law 264
Judgment 190
Act 52
1. | Local Government: Municipal Finance Management Act, 2003 | 1775 citations |
2. | Promotion of Access to Information Act, 2000 | 1760 citations |
3. | Local Government: Municip |