Urban Councils Act (Chapter 29:15)

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This is the latest version of this legislation commenced on 31 Dec 2016.

Zimbabwe

Urban Councils Act

Chapter 29:15

  • Commenced on 22 December 1995

  • [Up to date as at 31 December 2016]
  • [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]


AN ACT to provide for the establishment of municipalities and towns and the administration of municipalities and towns by local boards, municipal and town councils; to provide for the conferring of town and city status on growth points, municipalities and towns; to provide for the declaration of local government areas and the administration of local government areas by local boards; to confer functions and powers and impose duties upon municipal and town councils and local boards; to provide for the establishment of the Local Government Board and to provide for the functions thereof; and to provide for matters connected with or incidental to the foregoing.


Part I – Preliminary

1. Short title

This Act may be cited as the Urban Councils Act [Chapter 29:15].

2. Interpretation

(1)In this Act—appointed councillor” means a councillor appointed in terms of section 4A(1)(b);[definition of “appointed councillor” inserted by section 5 of Act 2 of 2008][definition of “by-election” repealed by section 16 of Act 21 of 1997]by-law” means any by-law made by a council in terms of this Act or which is continued in force by virtue of section three hundred and twenty-three;chairperson” means the chairperson of a town council who has been elected in terms of section 103;[definition of “chairperson” substituted by section 5 of Act 1 of 2008]chamber secretary” means the chamber secretary of a municipal council who has been appointed in terms of section one hundred and thirty-three;combined private sewer” means a sewer, exclusive of soil pipes, waste pipes and vent pipes, for the purpose of conveying to a public sewer or a conserving tank or other receptacle the sewage from two or more private sewers and includes all other things necessary in connection therewith;Commission” means the Zimbabwe Electoral Commission appointed in terms of section 61 of the Constitution;[definition of “Commission” inserted by section 5 of Act 1 of 2008]committee” means a committee of a council;conserving tank” means any covered tank without overflow which—(a)is used for the reception and temporary retention of sewage; and(b)requires emptying at intervals;consolidated revenue account” means the account into which all net surpluses and deficits from all accounts of the council, with the exception of all funds as defined in subsection (6) of section two hundred and eighty-six, the housing account referred to in section three hundred and one, the traditional beer account, the services levy account, the parking account and the capital account of the estates account, are transferred;construction”, in relation to a building, includes the alteration, subdivision, conversion or reconstruction of, or the addition to, a building;council” means a municipal council or town council; “council area”, in relation to—(a)a municipality, means the municipal area;(b)a town, means the town area;councillor” means a member of a council;[definition of “councillor” substituted by section 5 of Act 1 of 2008]district administrator”, in relation to a council or proposed council, means—(a)the district administrator within whose district the council area or proposed council area lies; or(b)any person appointed by the district administrator referred to in paragraph (a) to exercise his or her functions in terms of this Act in relation to the council or proposed council;[definition of “district administrator” inserted by section 5 of Act 1 of 2008]elected councillor” means a councillor other than an appointed councillor, and includes a person elected or appointed as a mayor or deputy mayor in terms of section 103;[definition of “elected councillor” inserted by section 5 of Act 1 of 2008][definition of “election” repealed by section 16 of Act 21 of 1997][definition of “executive committee” repealed by section 4 of Act 1 of 2008]finance committee” means a finance committee appointed in terms of subsection (2) of section ninety-six;[definition of “general election” repealed by section 16 of Act 21 of 1997]growth point” means an area declared to be a growth point area in terms of the Income Tax Act [Chapter 23:06];local authority” means a municipal council, town council, rural district council or local board;local authority area” means—(a)a council area; or(b)the area for which a rural district council has been established; or(c)the local government area for which a local board has been established;local board” means a local board which has been established or is deemed to have been established in terms of this Act;local government area” means any area which has been declared or is deemed to have been declared in terms of this Act to be a local government area;Local Government Board” means the Local Government Board established by section one hundred and sixteen;mayor” means the mayor of a municipality who has been elected by the councillors of that municipality in terms of section 103;[definition of “mayor” substituted by section 5 of Act 1 of 2008]Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;municipal area” means the area of a municipality as fixed in terms of this Act or the repealed Act; “municipal council” means a municipal council which has been established or is deemed to have been established in terms of this Act;municipality” means a municipality which has been established or is deemed to have been established in terms of this Act;[definition of “nomination day” repealed by section 16 of Act 21 of 1997]owner”, in relation to land means—(a)the person in whose name the land is registered in a Deeds Registry; or(b)a person who is a party to an agreement which, on the fulfilment by him of the conditions fixed in that agreement, entitles him to obtain transfer of the land; or(c)a statutory authority or body to which the ownership of the land has been transferred by any Act; and, save in Part IV, includes—(i)the trustee of an insolvent estate or the liquidator of a company being wound up which is so registered as the owner of the land; or(ii)the representative recognized by law of a person so registered as the owner of the land who has died or is a minor or of unsound mind or otherwise under disability;so long as that trustee, liquidator or legal representative is acting within the authority conferred upon him by law;[definition of “polling day” repealed by section 16 of Act 21 of 1997]private drain” means a conduit for the conveyance of storm-water or any surface, subsoil or spring water from one premises to a public drain;private sewer” means a sewer, exclusive of waste pipes, soil pipes and vent pipes, for the purpose of conveying to a combined private sewer, a public sewer or a conserving tank or other receptacle the sewage from one premises and includes all other things necessary in connection therewith;provincial administrator” means the provincial administrator appointed in terms of the Provincial Councils and Administration Act [Chapter 29:11] for the Bulawayo or Harare metropolitan province;[definition of “provincial administrator” inserted by section 5 of Act 1 of 2008]public drain” means a conduit vested in or under the control of or used by a municipality or town for the conveyance or storm-water or any surface, subsoil or spring water and includes all other things necessary in connection therewith;public sewer” means a sewer vested in or under the control of or used by a municipality or town into which is discharged or intended to be discharged the sewage from private sewers or combined private sewers and includes pipes, manholes, chambers, ventilating shafts, ejectors, sluices and all other things necessary in connection therewith;public stream” bears the meaning assigned thereto in section 2 of the Water Act [Chapter 20:22];rateable property”, subject to subsection (4), means property on which a rate may be levied in terms of Part XIX;rate”, subject to subsection (4), means a rate levied in terms of this Act;ratepayer”, subject to subsection (4), means an owner of rateable property who is liable in terms of this Act for the payment of any rate by virtue of such ownership;Registrar-General” means the Registrar-General of Voters referred to in section 18 of the Electoral Act [Chapter 2:13] (No. 25 of 2004) or, in respect of any particular function vested in the Registrar-General, any person to whom he or she may have delegated that function in terms of subsection (3) of that section;[definition of “Registrar-General” substituted by section 5 of Act 1 of 2008]repealed Act” means the Urban Councils Act [Chapter 214 of 1974];returning officer”, in relation to—(a)the first election of a council, means the person appointed by the Minister to be the returning officer for that purpose;(b)an election not referred to in paragraph (a) or a ballot held in terms of section three hundred and eighteen, means the town clerk;road” means any road, street, highway, thoroughfare, sanitary or other lane, cycle track, footpath, sidewalk, alley, subway, passage, square, bridge or other place of a similar nature or any portion thereof, and includes all appurtenances thereto;sanitary fitting” means any water closet, urinal, bidet, slopsink, bath, wash basin, sink, shower or other fitting of a like nature from which soil-water or waste water is disposed of into a soil pipe or waste pipe, as the case may be;sewage” includes trade effluent;sewage works” includes reservoirs, tanks, strainers, filter beds, ponds, engines, pumps, machinery, buildings, lands and all other works and things, except public sewers, which are necessary for the treatment and disposal of sewage;special vacancy” means a special vacancy in terms of section seventy-eight;standing order” means a standing order made in terms of section one hundred and two or the corresponding provision of the repealed Act;storm-water” means all flow of water directly due to rainfall before such water joins a public stream;town” means a town which has been established or is deemed to have been established in terms of this Act;town area” means the area of a town as fixed in terms of this Act or the repealed Act;town council” means a town council which has been established or is deemed to have been established in terms of this Act;town planning scheme” means a master plan, local plan or scheme as defined in section 2 of the Regional, Town and Country Planning Act [Chapter 29:12], and “approved”, in relation to a town planning scheme, means such a master plan or local plan which is operative in terms of the Regional, Town and Country Planning Act [Chapter 29:12], or an approved scheme as defined in section 2 of that Act;trade effluent” means any liquid, with or without particles of matter suspended therein, which is produced either wholly or in part or results from or has been or was intended to be used in any trade or business or commercial, manufacturing or industrial process;[definition of “voter” repealed by section 16 of Act 21 of 1997][definition of “voters’ roll” repealed by section 16 of Act 21 of 1997][definition of “voters’ roll board” repealed by section 16 of Act 21 of 1997]ward” means a division of a council area which has been fixed in terms of section four or the corresponding provision of the repealed Act;water main” includes any conduit, pipeline, valve, valve chamber, meter, meter chamber or house, brake pressure tank, scour pipe or scour chamber which—(a)is vested in, under the control of and used by a municipality or town; and(b)is used for the conveyance and control of water supplied by the municipality or town;and includes all other things necessary in connection therewith.
(2)Any reference in this Act to—(a)deputy mayor” means—(i)in the case of a municipality or municipal council, the deputy mayor thereof;(ii)in the case of a town or town council, the deputy chairman thereof who has been elected in terms of section one hundred and three;(b)town clerk” means—(i)in the case of a municipality or municipal council, the town clerk appointed in terms of subsection (1) of section one hundred and thirty-two;(ii)in the case of a town or town council or a local board, the secretary of that council or local board, as the case may be, appointed in terms of subsection (3) of section one hundred and thirty-two;(c)the total membership of a council” means the number of members which in terms of this Act composes the council, other than appointed councillors.[paragraph substituted by section 5 of Act 1 of 2008]
(3)Where anything is required by this Act to be lodged, posted, open for inspection or otherwise done at the office of a council, such thing shall be lodged, posted, open for inspection or otherwise done at the offices of the town clerk or at such other office as may be notified by the town clerk by notice in a newspaper.
(4)Where any area has been included within a council area and the council has been authorized or required in terms of paragraph (g) of subsection (4) of section four the corresponding provision of the repealed Act to impose a levy in terms of the Rural District Councils Act [Chapter 29:13], in lieu of rates in respect of any property within that area, any reference in this Act to—(a)rateable property” shall be construed as including a reference to property in respect of which such levy may be imposed;(b)a rate” or “rate income” shall be construed as including a reference to such levy or the income therefrom, as the case may be;(c)a ratepayer” shall be construed as including a reference to a person who is liable for the payment of such levy.
(5)Where in this Act any notice is required to be given or published—(a)in a newspaper, such notice shall be given or published in a newspaper circulating in the council area or other area concerned;(b)in more than one issue of a newspaper, such notice shall be given or published in weekly consecutive issues of a newspaper circulating in the council area or other area concerned.
(6)Where in this Act any resolution is required to be passed or thing is required to be done or agreed by not less than two-thirds or one-third, as the case may be, of the total membership of a council or committee or of the members present at a meeting of a council or committee and the total membership of the council or committee or the number of members present at the meeting is not an integral multiple of three, such resolution or thing shall be deemed to have been duly passed, done or agreed, as the case may be, if it is passed, done or agreed by the affirmative votes of not less than two-thirds or one-third, as the case may be, of the number next above that of such total membership or of the members present, as the case may be, which is an integral multiple of three, and any other reference in this Act to a thing being done or agreed by, or at the request of, not less than one-third of the total membership of the council or committee or of the members present at a meeting of the council or a committee shall be construed accordingly.

3. Application of Act

This Act shall apply to—(a)every city or city council which was established before the date of commencement of this Act or which is established in terms of this Act;(b)every municipality, municipal council, town or town council which is established or is deemed to have been established in terms of this Act;(c)every local government area which is declared or is deemed to have been declared in terms of this Act and every local board which has been established or is deemed to have been established in terms of this Act.

Part II – Establishment of municipalities, town councils, local government areas and local boards and matters incidental thereto

4. Provisions relating to establishment, alteration or abolition of municipalities, towns, councils and council areas

(1)Whenever the President considers it desirable he may, subject to this Act, by proclamation in the Gazette, after any local authority concerned has been consulted, establish a municipality or town and—(a)shall establish a municipal council or a town council, as the case may be, therefor; and(b)shall fix the area of the municipality or town; and(c)shall assign a name to the municipality or town; and(d)may, after consultation with the Commission, divide the council area into any number of wards.[paragraph substituted by section 6 of Act 1 of 2008]
(2)At any time after the establishment of a council the President may, subject to this Act, by proclamation in the Gazette and after consultation with the council and (in relation to the division or redivision of the council area into wards) the Commission(a)alter the name of the municipality or town;(b)divide or redivide the council area into any number of wards, create one or more additional wards, alter or abolish one or more wards or abolish the division of the council area into wards;(c)alter the boundaries of the council area by adding thereto and additionally, or alternatively, subtracting therefrom any area, determine any question arising therefrom and redefine the council area:[paragraph amended by section 17 of Act 21 of 1997](d)abolish the municipality, town or council.[subsection amended by section 17 of Act 21 of 1997 and by section 6 of Act 1 of 2008]
(3)Where a municipality or town is abolished or the whole or any part of the area of a local authority is included in a council area or a separate council is established for that area, the President shall—(a)make such transfer, disposal or apportionment of property, assets, rights and liabilities; and(b)give such directions as to any matters or things, including the payment of money and the protection of the rights of employees;as may be necessary or desirable to give effect to any proposals relating thereto which were set out in a notice published in terms of section eleven and may, in any other case, make any transfer, disposal or apportionment or give any direction that he considers to be necessary or desirable to ensure the proper dissolution of the municipality or town or to do justice between the council and the local authority, as the case may be.
(4)Where an area, hereinafter called the first-mentioned area, whether such area consists of the whole or part of a local authority area or otherwise, is being included within a council area or a separate council is being established for that area, the President may, by statutory instrument, exercise all or any of the following powers—(a)direct that all or any of the by-laws, regulations, rules or orders existing in respect of the first-mentioned area shall remain in force within the whole or any part of such area as if they were by-laws made by the council under this Act;(b)empower the Minister to authorize the council to suspend the operation of all or any of its by-laws within the whole or any part of the first-mentioned area;(c)authorize the council to make such special by-laws as it considers advisable for the whole or any part of the first-mentioned area or any part of the first-mentioned area;(d)declare that any existing valuation roll in respect of the whole or any part of the first-mentioned area which has been prepared in accordance with this Act or any other law shall be deemed a portion of the valuation roll of the council concerned as though it had been prepared in accordance with this Act;(e)declare that any existing voters’ roll in respect of the whole or any part of the first-mentioned area which has been prepared in accordance with the Electoral Act [Chapter 2:13] (No. 25 of 2004) or any other law shall be deemed to be the voters’ roll of the council as though it had been prepared in accordance with the Electoral Act [Chapter 2:01];[paragraph amended by section 40 of Act 21 of 1997 and section 6 of Act 1 of 2008](e1)direct that an election shall take place, either in the first-mentioned area or in the whole council area, in such manner and within such period as the President may direct;[paragraph inserted by section 17 of Act 21 of 1997](f)authorize the council to waive the collection of any rates or to levy different rates or different reductions in rates in respect of different classes of property and properties of different values within the first-mentioned area as he may consider equitable and, for such purpose, he may fix the method by which each such different rate or reduction in rates shall be assessed from time to time;(g)authorize the council in lieu of the collection of rates to levy within the first-mentioned area a levy in terms of such of the provisions of the Rural District Councils Act [Chapter 29:13], as he may direct to apply, whether or not such area prior to such inclusion was in the area of a rural district council, and for such purposes he may exercise all or any of the following powers—(i)fix the amount of the unit of levy;(ii)modify any or all of the provisions of the said Act in its application to such area;(iii)declare that an additional unit or units of levy may be levied as aforesaid on improved land;(iv)declare that such provisions of this Act as he may specify shall apply, mutatis mutandis, in relation to such levy as if it were a rate;(h)declare the first-mentioned area to be a temporary ward or wards for the purpose of elections in terms of this Act, fix the number of councillors to be elected for such temporary ward or wards and define the period for which they are to hold office and authorize the holding of elections of such councillors;(i)as to any matter or thing of any description whatsoever, whether or not it is of a similar nature to any matter or thing referred to in paragraphs (a) to (h), give such directions, including the application, non-application, suspension or modification wholly, partly, or subject to any variation or restriction of any provisions of this Act, other than this section, sections twenty-two, twenty-four, twenty-five, forty and forty-one (with the exception of paragraph (a) of subsection (1)), or any other law, as he may consider equitable and necessary for the proper administration of the first-mentioned area or for the proper merging of the first-mentioned area into the council area.
(5)The President may, by statutory instrument, at the request of a council at any time after the establishment of the council, exercise, mutatis mutandis, all or any of the powers referred to in subsection (4) as if any reference therein to the first-mentioned area included a reference to the whole or any part of the council area.
(6)Where the President has—(a)in terms of subsection (3) transferred or apportioned any property or assets to a municipality or town, the ownership of such property or assets shall vest in that council with effect from such date as may be specified by the President and, in the case of immovable property, a Registrar of Deeds shall, at the request of that council, cause, free of charge, the name of that municipality or town to be substituted as the owner of the property concerned in the appropriate register in the Deeds Registry and on the deeds relating to that property;(b)given any direction in terms of subsection (3), the person to whom that direction has been given shall forthwith comply with that direction.
(7)The necessary costs, charges and expenses which are incurred by a municipality or town under or as a result of or in connection with any declaration or direction issued by the President in terms of this section shall be paid and satisfied out of the funds of the municipality or town, as the case may be.
(8)Any municipality or town established in terms of subsection (1) shall be a body corporate with perpetual succession and shall be capable of suing and being sued and generally of doing, suffering and performing such acts and things as, by this Act and any other law affecting such municipality or town, it may do, suffer and perform.

4A. Membership of municipal and town councils

(1)Subject to this Act, every municipal and town council shall consist of—(a)one elected councillor for each ward of the council area; and(b)such number of appointed councillors representing special interests, not exceeding one-quarter of the number of elected councillors, as the Minister may fix in respect of the council by statutory instrument, and who shall hold office during the pleasure of the Minister.
(2)Appointed councillors shall participate in the business of the municipal or town council to which they are appointed and perform the same functions and be entitled to the same benefits in every respect as if they were elected councillors, except that they shall not have a vote at meetings of the municipal or town council concerned.[section inserted by section 7 of Act 1 of 2008]

5. Extended systems of local government

(1)Whenever he considers it desirable for the establishment of—(a)a system of local government between several local authorities; or(b)a system of local government involving the exercise of the functions of a council in relation to one or more areas outside the council area; or(c)a system of local government involving features of both systems referred to paragraphs (a) and (b);the President may, without derogation from the powers conferred upon him by any other provision of this Act and after any local authority concerned has been consulted, by proclamation in the Gazette(i)authorize or require a council to exercise any of the functions conferred or imposed upon it in terms of this Act in relation to—A. the area of another local authority to the exclusion of the exercise of those functions by the local authority concerned; orB. any area outside the area of a local authority;(ii)make provision for the representation upon the council of the members of another local authority where the council has been authorized or required to exercise functions in relation to the area of the local authority concerned;(iii)exercise, mutatis mutandis, all or any of the powers referred to in section four in relation to any of the local authorities forming part of any system of local government for which provision has been made in terms of this section;(iv)give such directions as he may consider just and necessary or expedient to give effect to the establishment and operation of any system of local government for which provision has been made in terms of this section.
(2)The President may, at any time after the establishment of any system of local government referred to in subsection (1) and after any local authority concerned has been consulted, by proclamation in the Gazette, exercise, mutatis mutandis, all or any of the powers referred to in subsection (1).

6. Provisions relating to establishment, alteration or abolition of local government areas and local boards

(1)Whenever the President considers it desirable he may, subject to this Act, by proclamation in the Gazette, after any local authority concerned has been consulted, declare any area which is not within a local authority area to be a local government area and shall assign a name to that area.
(2)Where a local government area has been or is being declared, the President may, subject to this Act, by proclamation in the Gazette, after any local authority concerned has been consulted—(a)establish a local board for that area and shall assign a name to that board;(b)alter the name of the local government area or name of the local board;(c)alter the boundaries of the local government area by adding thereto and additionally, or alternatively, subtracting therefrom any area, determine any question arising from the addition or subtraction of such area and redefine the local government area;(d)abolish the local government area or the local board established for that area.
(3)The President shall not exercise any power referred to in paragraph (b), (c) or (d) of subsection (2) in relation to a local government area for which a local board has been established, except with the consent of that local board.
(4)Where a local board is being established for a local government area the Minister shall issue a warrant in which he—(a)shall specify the number of members who shall constitute the local board;(b)shall specify that some or all of the members of the local board shall be—(i)appointed by the Minister and shall hold office at his pleasure; or(ii)elected in accordance with such provisions as may be prescribed;[subparagraph amended by section 18 of Act 21 of 1997](c)[paragraph repealed by section 18 of Act 21 of 1997](d)may direct that the local board be deemed to be a council for the purposes of any of the provisions of this Act or the Electoral Act [Chapter 2:13] (No. 25 of 2004) and in such event the area for which it has been established shall be deemed to be a council area;[paragraph amended by section 18 of Act 21 of 1997 and section 8 of Act 1 of 2008](e)may confer or impose on that local board all or any of the powers, privileges, duties or responsibilities conferred or imposed on a council by or in terms of this Act and shall specify in the warrant, subject to such restrictions or modifications as he thinks fit, the provisions of this Act or regulations made thereunder which shall apply to that local board and that local government area for which it has been established;(f)where a rate is to be levied, may specify that a rate, to be assessed on units of land or otherwise and payable in such manner as may be specified by the Minister, shall be levied on owners or occupiers or that different rates so assessed shall be levied on different classes of owners or occupiers.
(5)A local board established in terms of subsection (2) shall be a body corporate with perpetual succession and shall be capable of suing and being sued and generally of doing, suffering and performing such acts and things as, in terms of the warrant issued in terms of subsection (4), have been conferred upon that local board and, notwithstanding anything to the contrary contained in any other law, where any other law confers powers on the local board, such powers may only be exercised if the local board has been authorized by a warrant in terms of subsection (4) to exercise such powers.
(6)The Minister may, at any time after the establishment of a local board, alter the warrant relating thereto at the request or with the consent of the local board.
(7)Where in any Act functions are conferred or imposed on a town council, the Minister, after consultation with the appropriate Minister responsible for the administration of such Act, may, by statutory instrument, declare that a local board specified in such notice shall be regarded as a town council for the purposes of such Act and that such Act and any statutory instrument made thereunder shall accordingly apply, mutatis mutandis, in relation to that local board and the local government area concerned subject to such restrictions or modifications as may be specified in such notice.
(8)Where a local board includes appointed members, the Minister(a)may appoint a chairman and deputy chairman of that board; and(b)shall give notice in the Gazette of the names of the members appointed by him and of the chairman and deputy chairman if appointed by him.
(9)Where any by-laws or regulations are in force in any area immediately before such area is included in or becomes a local government area in respect of which a local board has been or is being established, the by-laws or regulations shall be deemed to be by-laws made by the local board and shall continue in force, mutatis mutandis, until amended or repealed by the local board.
(10)Whenever a local board is abolished and the administration, control and management of the local government area concerned or any part thereof is not to be vested in any council, person or local authority, the Minister shall—(a)give such directions as to the transfer or disposal of property, assets, rights and liabilities; and(b)give such directions as to any other matters or things, including the payment of money and the protection of the rights of employees;as may be necessary or desirable to give effect to any proposals relating thereto which were set out in a notice published in terms of section eleven and may, in any other case, give such other directions as he considers to be necessary or desirable to ensure the proper dissolution of the local board concerned.
(11)Where the Minister has, in terms of subsection (10)—(a)directed the transfer of property or assets to a local authority, the ownership of such property and assets shall vest in the local authority with effect from such date as may be specified by the Minister and, in the case of immovable property, a Registrar of Deeds shall, at the request of the local authority, free of charge cause the name of the local authority to be substituted as the owner of the property concerned in the appropriate register in the Deeds Registry and on the deeds relating to that property;(b)given any direction, the person to whom the direction has been given shall forthwith comply with that direction.

7. Provisions relating to vesting of administration of local government area in council or person

(1)The Minister may, after consultation with a council, by statutory instrument, vest in that council the administration, control and management of a local government area and any services provided by the State in that area, and any regulations in force in that area immediately before such vesting shall be deemed to be by-laws made by the council and shall continue in force, mutatis mutandis, until they are amended or repealed by the council.
(2)Where the Minister acts in terms of subsection (1) he may—(a)give directions or impose conditions relating to the administration, control and management of the local government area concerned, including the provision of services therein;(b)give directions or impose conditions providing for the vesting in the council concerned of property, assets, rights and liabilities connected with the local government area concerned;(c)direct that all or any provisions of section ten shall, mutatis mutandis, apply;(d)direct that any moneys payable by the council in connection with any property, asset, right or liability shall be regarded as a loan and that section two hundred and ninety shall not apply in relation thereto.
(3)The Minister may, after consultation with the person and any local authority concerned, by statutory instrument, vest the administration, control and management of a local government area and any services provided by the State in that area in any person, and any regulations or by-laws in force in that area immediately before such vesting shall be deemed to be regulations made by the Minister in terms of section two hundred and thirty-five and shall continue in force until amended or repealed by the Minister.
(4)The Minister may from time to time, in respect of any local government area the administration, control and management of which are vested in a person other than a council, after consultation with such person, give such directions or impose such conditions as he may think fit with regard to—(a)the administration, control and management of such local government area, including the provision of services therein;(b)the provision of stands in such local government area for home-ownership purposes;(c)the conditions of tenancy to be applied to properties within such local government area.

8. Provisions relating to divesting of administration of local government area

(1)The Minister may, after consultation with any council or person concerned, by statutory instrument—(a)divest that council or person of the administration, control and management of a local government area;(b)vest the administration, control and management of the whole or part of a local government area referred to in paragraph (a) in any other council or person in terms of subsection (1) or (3) of section seven, as the case may be.
(2)Where the administration, control and management of the whole or part of a local government area, hereinafter called the first-mentioned area, is divested from a council, hereinafter called the existing council, and vested in another council or a separate local authority is established therefor or the first-mentioned area is included in the area of another local authority, hereinafter, in any such event, called the new authority—(a)the Minister may—(i)give directions or impose conditions relating to the administration, control and management of the first-mentioned area, including the provision of services therein;(ii)give directions or impose conditions providing for the vesting in the new authority of property, assets, rights and liabilities connected with the first-mentioned area or providing for such apportionment of such property, assets, rights and liabilities, as may be necessary or desirable to do justice between the existing council and the new authority;(iii)direct that all or any provisions of section ten shall apply, mutatis mutandis;(iv)direct that any moneys payable by the new authority in connection with any property, asset, right or liability shall be regarded as a loan and that section two hundred and ninety shall not apply in relation thereto;(v)direct and authorize the existing council to provide, at cost, to the new authority any service in respect of the first-mentioned area which the existing council was providing immediately before the divesting and any extension thereto which may be requested by the new authority;(vi)direct and authorize the existing council to provide, at cost, the services of such of its own employees to the new authority as may be necessary for the proper administration, control and management of the first-mentioned area or for the proper operation of any service and any extension thereto directed to be provided in terms of subparagraph (v);(b)any by-laws in force in the first-mentioned area immediately before the divesting shall be deemed to be by-laws made by the new authority and shall continue in force until amended or repealed by that new authority.
(3)Where the Minister has given any direction in terms of subparagraph (v) or (vi) of paragraph (a) of subsection (2)—(a)the council to whom the direction has been given shall comply with such direction until requested by the new authority referred to in that subsection, with the approval of the Minister, to discontinue compliance therewith;(b)if any dispute arises as to the determination of the relevant cost concerned, the Minister may give directions for the reference of such dispute for settlement to an impartial tribunal constituted by the Minister for the purpose.
(4)Where a request has been made in terms of paragraph (a) of subsection (3), the Minister may give directions relating to—(a)such apportionment of property, assets, rights and liabilities as may be necessary to do justice in the circumstances;(b)the protection of the rights of any employees concerned including the taking over of such employees;(c)the constitution of an impartial tribunal for the settlement of any dispute that may arise relating to the payment of compensation to any employee concerned in respect of the termination of his services and any other dispute that may arise;(d)generally as to any other matter or thing which the Minister considers necessary or desirable in the circumstances.

9. Promotion of local government

(1)A council, subject to this section, or the Minister after consultation with the council, may promote the establishment of local government in a local government area the administration, control and management of which has been vested in such council.
(2)In the promotion of local government in terms of subsection (1), the council or Minister, as the case may be, may—(a)authorize any person to enter the area concerned in order to carry out such duties connected therewith as the council or the Minister, as the case may be, may direct, including, without derogation from the generality of the foregoing—(i)stimulating, advising and assisting the community in the establishment of local government; and(ii)making such inquiries and, subject to any other law, holding such meetings as may be necessary; and(b)appoint a commission of residents within the area to make recommendations on such matters concerning local government in that area as the council or the Minister, as the case may be, may direct.
(3)Before a council takes any steps in the promotion of local government in terms of subsection (1) it shall submit to the Minister a scheme setting out its proposals in this connection and the Minister may approve the scheme subject to such variations or conditions as he thinks fit and—(a)any such scheme may be amended from time to time with the approval of the Minister; and(b)any directions given by a council in terms of paragraph (b) of subsection (2) shall be in accordance with the provisions of a scheme approved in terms of this section.
(4)The council or a person authorized in terms of subsection (2) shall submit a report to the Minister in respect of the work carried out in terms of this section and any recommendations relating to the establishment of local government within the area concerned and shall forward therewith any recommendations made by a commission, if any, appointed in terms of subsection (2).
(5)On receipt of a report submitted in terms of subsection (4), the Minister may give notice in terms of section eleven that it is intended to apply to the President for the establishment of a town council or local board, as he considers appropriate, for the area concerned.
(6)If a person authorized by the Minister in terms of subsection (2) requires any facilities to enable him to carry out his duties which the council fails or refuses to provide, the Minister may direct the council to provide such facilities and, if the council fails or refuses to comply with such direction within such time as the Minister may require—(a)the Minister may, on behalf of the council, provide the facilities at the expense of the council;(b)any expenditure incurred by the Minister in providing such facilities may be recovered by the Minister by proceedings in a competent court against the council, and the Minister’s certificate shall be prima facie evidence of the amount due by the council.
(7)Where the administration, control and management of a local government area has been vested in a person other than a local council, this section shall apply, mutatis mutandis, as if such person were a council.

10. Effect of incorporation of existing local authority in a council area

(1)If the whole of a town area, rural district council area or local government area for which a local board has been established is included within the council area of another council, the following provisions shall, in addition to any declaration, direction, authority or requirement made or given in terms of subsection (3) or (4) of section four, apply—(a)all rates, taxes, levies and other charges, including surcharges, due or payable to, or recoverable by, the town council, rural district council or local board, as the case may be, shall be vested in and be recoverable by the council concerned;(b)all works and undertakings authorized to be executed and all rights, liabilities and engagements existing by or against or in respect of the town council, rural district council or local board, as the case may be, shall be vested in and attached to and be enforced, carried on and prosecuted by, or against that council and no action, suit or proceeding shall abate or be discontinued or prejudicially affected by the inclusion of the said area within the council area;(c)all creditors of the town council, rural district council or local board concerned shall have the same rights and remedies against the council concerned as it had against the town council, rural district council or local board, as the case may be, before the inclusion of the area;(d)all property, movable or immovable, and all moneys of, or vested in, the town council, rural district council or local board concerned shall become the property of, or vest in, the municipality or town with effect from the date of the inclusion of the area;(e)all resolutions, directions, licences, permits, registrations, acts and other things passed, given, issued, made, commenced or done by the town council, rural district council or local board, as the case may be, including any delegation of powers, shall be treated for the purposes of this Act as though they were resolutions, directions, licences, permits, registrations, acts or things passed, given, issued, made, commenced or done, as the case may be, by the council concerned;(f)any financial accounts and records of the town council, rural district council or local board which have not been balanced and audited in terms of this Act or the Rural District Councils Act [Chapter 29:13] as the case may be, shall be balanced, audited or otherwise dealt with by the council concerned in terms of this Act as though they were the accounts and records of such council:Provided that where the town council, rural district council or local board had previously appointed an auditor to audit its accounts, the council concerned shall reappoint such auditor for the purposes of the final audit of those accounts if he is willing to accept such appointment.
(2)In the case of immovable property the ownership of which has vested in the municipality or town in terms of paragraph (d) of subsection (1), the Registrar of Deeds shall, at the request of the council, cause, free of charge, the name of that municipality or town to be substituted as the owner of the property concerned in an appropriate register in the Deeds Registry and on the deeds relating to that property.

11. Advertising of intention to exercise powers under section 4 or 6

(1)Before the exercise by the President of his powers in terms of subsection (1) or (2) of section four or subsection (1) or (2) of section six, the Minister shall publish notices in not less than three issues of a newspaper stating that—(a)it is intended to recommend to the President that he exercise such powers and setting out the nature of the proposals and in particular to the extent applicable—(i)the proposals in relation to the name of the council, local board or local government area concerned;(ii)the proposed area or areas concerned;(iii)the proposals in relation to the wards concerned;(iv)the proposals in relation to the councillors involved;(v)the proposed apportionment of any property, assets, rights and liabilities, including the proposed payment of any moneys and the protection of the rights of employees;(vi)the nature of any powers proposed to be exercised in terms of subsection (4) of section four;(b)any person who wishes to make representations concerning the proposal may lodge them with the Minister within such period as may be stated in the notice, being not less than thirty days from the date of the last publication of the notice.
(2)When any recommendation is submitted to the President concerning the exercise of any powers referred to in subsection (1) there shall be submitted to him, together with such recommendation, the substance and number of any representations which have been lodged with the Minister in terms of paragraph (b) of subsection (1).
(3)In the case of a proposal to establish a council for any area, to declare a local government area or to alter the boundaries of a council area or local government area the President may, after considering any representations made as a result of any notice given in terms of subsection (1), declare the council area or local government area or alter the boundaries, as the case may be, to a lesser extent than that indicated in that notice without further notice being given in terms of subsection (1).
(4)In the case of a proposal to alter the boundaries of any ward in a council area, the President may, after considering any representations made as a result of any notice given in terms of subsection (1), and taking into account the views of the Commission, alter the area of the ward to a lesser extent than that indicated in the notice without further notice being given in terms of subsection (1).[subsection amended by section 9 of Act 1 of 2008]

12. Date of coming into being of council and first election

(1)In any proclamation establishing a council in terms of section four the President shall fix a date for the coming into being of the council.
(2)[subsection repealed by section 19 of Act 21 of 1997]
(3)[subsection repealed by section 19 of Act 21 of 1997]

13. Succession from former local authority to newly-established local authority

(1)Where a town is abolished and a municipality is established in place thereof the municipality shall be the successor of the town and—(a)section ten shall apply, mutatis mutandis; and(b)section twelve shall not apply unless the President otherwise directs;[paragraph substituted by section 20 of Act 21 of 1997](c)sections 116 and 121(1) of the Electoral Act [Chapter 2:13] (No. 25 of 2004) shall not apply unless the President otherwise directs, in which case those sections shall apply to the extent directed by the President.[paragraph substituted by section 10 of Act 1 of 2008]
(2)Where a local board is abolished and a municipality or town is established in place thereof the municipality or town shall be the successor of the local board and—(a)section ten shall apply, mutatis mutandis; and(b)section twelve shall not apply unless the President otherwise directs;[paragraph substituted by section 20 of Act 21 of 1997](c)sections 116 and 121(1) of the Electoral Act [Chapter 2:13] (No. 25 of 2004) shall not apply unless the President otherwise directs, in which case those sections shall apply to the extent directed by the President.[paragraph substituted by section 10 of Act 1 of 2008]

14. Town and city status

(1)A growth point, unincorporated urban area, local board or council may apply to the Minister in the form and manner prescribed for a change of its status.
(2)Subject to subsections (3) to (6), the Minister shall consider any application made to him in terms of subsection (1) and, if he decides to grant the application, shall take the necessary steps under this Act to effect the change of status applied for.
(3)On receipt of an application in terms of subsection (1) in which a municipal council applies for city status, the Minister shall—(a)appoint, at the expense of the municipality concerned, a commission consisting of such number of persons as the Minister may determine to consider the matter and make recommendations to him:Provided that no member of the commission shall be a councillor or employee of the municipality concerned;(b)after the appointment of the commission, publish in the Gazette and in three issues of a newspaper of the appointment of the commission and calling upon any person who wishes to make representations to submit them to the commission before a date specified in that notice, being not less than thirty days after the date of the first publication of the notice in the newspaper.
(4)A commission appointed in terms of paragraph (a) of subsection (3) shall consider those matters set out in the First Schedule in addition to any other matters which it considers to be relevant and shall thereafter submit its report to the Minister, and any such report shall refer to the substance and number of any representations made to it as a result of the notice published in terms of paragraph (b) of subsection (3).
(5)The Minister shall, as soon as practicable after receiving the report of the commission, lay it before Parliament.
(6)If, in pursuance of a resolution of Parliament, an address is presented to the President requesting him to accord city status to the municipality specified in the address, the President may, by proclamation in the Gazette, declare that the status of the municipality concerned shall be altered to that of a city.
(7)Where a municipality has been declared in terms of subsection (6) to be a city—(a)the title of the council concerned shall be altered to “city council” instead of “municipal council”;(b)wherever in any law, enactment, deed, contract, agreement or other document reference is made to the municipal council or the municipality concerned, such reference shall be construed as a reference to the city council or city, as the case may be.
(8)Any reference in any law or enactment in force in Zimbabwe, whether enacted or made before or after the date of commencement of this Act, to a municipality or municipal council shall be construed as including a reference to a city or city council, as the case may be.

Part III – Provisions relating to the incorporation of rural district or town councils

15. Interpretation in Part III

In this Part—[definition of “enrolment date” repealed by section 21 of Act 21 of 1997]incorporation” means the inclusion of a rural district council area or town area within a municipality in terms of paragraph (c) of subsection (2) of section four.[definition of “initial election” repealed by section 21 of Act 21 of 1997]

16. Application of Part III

(1)This Part shall apply where the whole of a rural district council area or town area has been or is about to be incorporated within a municipality, whether or not any other area is included or to be included within the municipality at the same time.
(2)Where there is any conflict or inconsistency between this Part and any other Part—(a)this Part shall prevail; and(b)such other Part shall be construed as though it had been modified accordingly.

17. ***

[section repealed by section 22 of Act 21 of 1997]

18. ***

[section repealed by section 22 of Act 21 of 1997]

19. Employment of staff of councils which are incorporated

Where prior to an incorporation the President has directed in terms of subsection (6) of section four that any employee of a rural district council or town council which, or a portion of which, is about to be incorporated shall be employed or offered employment by the municipality, notwithstanding the provisions of any agreement, award determination or regulations in force or binding in terms of the Labour Relations Act [Chapter 28:01], the municipality and any such employee shall not, in respect of such employment, be subject to such provisions until such employee has accepted or is deemed to have accepted an offer of employment made by the municipal council in a post or occupation which is covered by such agreement, award, determination or employment regulations and such employee has taken up such employment.

20. Special vacancies on town council or rural district council which is to be incorporated need not be filled

If, at any time after the publication of a notice in terms of section eleven that it is intended to apply to the President for the exercise of the powers conferred upon him by section four for the purpose of including a rural district council area or town area within a municipality in terms of paragraph (c) of subsection (2) of that section, a special vacancy occurs among the councillors of that rural district council or town council, the Minister may direct that, notwithstanding section 121 of the Electoral Act [Chapter 2:13] (No. 25 of 2004), that special vacancy shall not be filled.[section amended by section 40 of Act 21 of 1997 and section 11 of Act 1 of 2008]

21. Rates on supplementary valuations may be collected in respect of period prior to incorporation

Notwithstanding anything to the contrary contained in section two hundred and seventy-six, where any supplementary valuation is made or any valuation roll is amended by a municipal council after an incorporation in respect of property which was within the rural district council area or town area incorporated, the municipal council may cause the appropriate rates to be collected in terms of that section, notwithstanding that such rates are assessed with effect from a date prior to that on which the incorporation took effect.

Part IV – Voters and voters' rolls

[Part repealed by section 23 of Act 21 of 1997]

22. ***

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25. ***

26. ***

27. ***

28. ***

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35. ***

36. ***

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[sections 22-37 repealed by section 23 of Act 21 of 1997]

Part V – Election of councillors and appointment of caretakers

38. Governance of council areas

Every council area shall be governed by a council.[section substituted by section 12 of Act 1 of 2008]

39. Composition of council and terms of office of councillors

(1)On the establishment of a council the Minister shall, by statutory instrument, determine—(a)the number of councillors, being not less than six, which shall compose the council; and(b)if the council area is divided into wards, the number of councillors to be returned for each ward, and in so doing he may—(i)determine that only one councillor shall be returned for a ward;(ii)fix different numbers of councillors for different wards.
(2)The Minister may—(a)after the exercise of powers in terms of subsection (2) of section four and after consultation with the council concerned, exercise the powers conferred upon him by subsection (1) for the purpose of altering the number of councillors on the council or for a ward so as to give effect to any proposals relating thereto which were set out in a notice published in terms of section eleven;(b)at any time after the establishment of a council, in circumstances not referred to in paragraph (a) and at the request of the council, exercise the powers conferred upon him by subsection (1) for the purpose of altering the number of councillors on the council or for a ward.
(3)In the event of—(a)a council area being divided or redivided into wards or the boundaries of one or more wards being altered; or(b)the number of wards in a council area being altered in circumstances not provided for in section seventy-nine; or(c)the division of a council area into wards being abolished; or(d)the number of councillors assigned to a council or ward being reduced;the Minister shall determine which of the existing councillors shall represent each ward or remain in office, as the case may be, and shall determine any question arising in connection therewith and, without derogation from the generality of the foregoing, the Minister may for such purposes, notwithstanding anything to the contrary contained in this Act, curtail or extend the term of office of any or all of the councillors:Provided that the Minister shall not make a determination in terms of this subsection curtailing the terms of office of all councillors until—(a)he has given notice of his intention in two issues of a newspaper inviting representations on such proposals; and(b)a period of twenty-one days has elapsed since the first publication of the notice.

40. ***

[section repealed by section 24 of Act 21 of 1997]

41. Disqualifications of councillors

(1)[subsection repealed by section 25 of Act 21 of 1997]
(2)[subsection repealed by section 25 of Act 21 of 1997]
(3)[subsection repealed by section 25 of Act 21 of 1997]
(4)[subsection repealed by section 25 of Act 21 of 1997]
(5)[subsection repealed by section 25 of Act 21 of 1997]
(6)[subsection repealed by section 25 of Act 21 of 1997]
(7)A councillor who is convicted of an offence and sentenced to imprisonment for a period of six months or more shall forthwith cease to exercise his functions or to be entitled to any remuneration as a councillor and, subject to subsection (8), he shall cease to be a councillor at the expiry of thirty days from the date of such sentence.
(8)If, during the thirty-day period referred to in subsection (7), the councillor concerned applies for a free pardon or notes an appeal against the conviction and additionally, or alternatively, the sentence, the question whether he is to continue in office as a councillor shall not be determined until the abandonment or final disposal of the application or appeal, whereupon he shall forthwith cease to be a councillor unless—(a)he is granted a free pardon; or(b)his conviction is set aside; or(c)his sentence is reduced to a term of imprisonment of less than six months; or(d)a punishment other than imprisonment is substituted.
(9)For the purposes of subsections (7) and (8)—(a)two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of such term;(b)two or more terms of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;(c)a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;(d)no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.
(10)[subsection repealed by section 25 of Act 21 of 1997]

42. ***

[section repealed by section 26 of Act 21 of 1997]

43. ***

[section repealed by section 26 of Act 21 of 1997]

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[section repealed by section 26 of Act 21 of 1997]

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[section repealed by section 26 of Act 21 of 1997]

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[section repealed by section 26 of Act 21 of 1997]

47. Assumption of office by councillor

(1)A person who is deemed to have been elected as a councillor at the close of the nomination court in terms of section 125 of the Electoral Act [Chapter 2:13] (No. 25 of 2004), or who is declared to have been elected in terms of section 126 of that Act following the withdrawal of a candidate, shall assume office—(a)in the case of a first election of councillors, on the date on which the council comes into being;(b)in the case of a by-election to fill a special vacancy on the council, at the time at which the Registrar-General posts a notice at his or her office in terms of section 125 of the Electoral Act [Chapter 2:13] (No. 25 of 2004), notifying his or her election or, as the case may be, declares him or her to have bean elected in terms of section 126 of that Act;(c)in the case of a general election of councillors, on the day following polling day.[subsection substituted by section 13 of Act 1 of 2008]
(2)Any person who is elected as a councillor as a result of a poll shall assume office—(a)in the case of a first election, on the date of the coming into being of the council;(b)in the case of any subsequent general election or by-election, on the day following polling day.
(3)Before undertaking any duty as such, a councillor shall take and subscribe before the town clerk of the council such oath of loyalty and office as may be prescribed.[subsection inserted by section 27 of Act 21 of 1997]

48. Assumption of office of mayor

(1)A person elected as mayor shall take office on the date on which he is declared or deemed to have been elected mayor:Provided that, if his predecessor’s term of office has not yet expired, he shall take office on the expiry of that term.
(2)Before undertaking any duty as such, a mayor shall take and subscribe before the town clerk such oath of loyalty and office as may be prescribed.[section substituted by section 28 of Act 21 of 1997]

49. ***

[section repealed by section 29 of Act 21 of 1997]

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[section repealed by section 29 of Act 21 of 1997]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 33 of Act 21 of 1997]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 14 of Act 1 of 2008]

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[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

75. ***

[section repealed by section 34 of Act 21 of 1997]

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[section repealed by section 34 of Act 21 of 1997]

77. ***

[section repealed by section 34 of Act 21 of 1997]

78. Special vacancies in office of councillors

(1)In this section—“calendar month” means one of the twelve periods into which the year is divided in the calendar.
(2)Subject to subsection (3) if a councillor(a)dies; or(b)resigns his office; or(c)ceases to be qualified for election as a councillor or becomes disqualified for such election in terms of section 119 of the Electoral Act [Chapter 2:13] (No. 25 of 2004); or[paragraph substituted by section 15 of Act 1 of 2008](c1)ceases to be a councillor in terms of subsection (7) of section forty-one; or[paragraph inserted by section 35 of Act 21 of 1997](d)is absent without leave of the council(i)from the ordinary meetings of the council during a period of two consecutive calendar months; or(ii)from the meetings of any committee of the council to which he has been appointed during a period of two consecutive calendar months, if the committee has held at least one meeting in each of those calendar months or from two consecutive meetings of the committee which are not held in the same calendar month or in consecutive calendar months;or(e)is absent from the ordinary meetings of the council during a period of six consecutive calendar months, whether or not leave of the council has been obtained; or(f)ceases in terms of paragraph (b) of subsection (1) of section 22 of the Provincial Councils and Administration Act [Chapter 29:11], to be a councillor; or(g)has been suspended in terms of section one hundred and fourteen for a period longer than thirty days;his seat shall become vacant and such vacancy shall be deemed to be a special vacancy.
(3)Where a vacancy in the seat of a councillor would occur, but for this subsection, through the councillor’s absence from meetings, the Minister may, on application by the council concerned and on good cause shown, excuse the councillor’s absence for such period or periods and on such terms and conditions as he may fix.
(4)[subsection repealed by section 35 of Act 21 of 1997]
(5)[subsection repealed by section 35 of Act 21 of 1997]
(6)A councillor elected at a by-election shall hold office for the remainder of the term for which the councillor whom he is replacing would otherwise have remained in office.
(7)[subsection repealed by section 35 of Act 21 of 1997]
(8)A council shall designate for the purposes of subsection (2) which meetings of the council shall be regarded as ordinary meetings and shall ensure—(a)that at least one meeting of the council in each calendar month is designated an ordinary meeting; and(b)that each committee of the council, other than a special committee, holds at least one meeting in each calendar month:Provided that this paragraph shall not apply in respect of any calendar month in which the town clerk or secretary certifies to the council that there is no business, other than confirmation of the minutes of the previous meeting, for the committee to transact during that month.

79. ***

[section repealed by section 36 of Act 21 of 1997]

80. Minister may appoint caretakers to act as council

(1)If at any time—(a)there are no elected councillors for a council area; or(b)all the elected councillors for a council area have been suspended or imprisoned or are otherwise unable to exercise all or some of their functions as councillors;the Minister may appoint not more than three persons as caretakers, whether or not such persons are qualified through residence or ownership of property to become councillors, to act as the council in accordance with this section.
(2)Subject to any directions the Minister may give him or her, a caretaker appointed for a council area in terms of subsection (1) shall exercise—(a)all the functions of the council, where there are no elected councillors for the council area; or(b)such of the functions of the elected councillors as they are unable to exercise, where there are elected councillors for the council area:Provided that—(i)the caretaker shall not, without the approval of the Minister, exercise any power conferred on the council to levy rates or taxes or to alienate any land or interest in land or to increased any charge fixed or levied by the council or to fix any new charge;(ii)where there are any elected councillors who are able to exercise some of their functions as councillors the care taker shall consult them before exercising any function.
(3)A caretaker appointed in terms of subsection (1) shall hold office during the pleasure of the Minister, but his or her office shall terminate—(a)as soon as there are any councillors for the council area who are able to exercise all their functions as councillors; or(b)ninety days after the date of his or her appointment; whichever occurs sooner:Provided that if the period of ninety days expires within three months before the date of the next succeeding general election, the caretaker shall continue to hold office until such general election.
(4)Before the termination of office of a caretaker appointed in terms of subsection (1), otherwise than at a general election or in the circumstances referred to in subsection (3)(a), the Commission shall cause an election to be held on such date as may be fixed in terms of the Electoral Act [Chapter 2:13] (No. 25 of 2004), to fill the vacancies on the council as if they were special vacancies.
(5)On appointing a caretaker in terms of this section the Minister may authorise the payment from the funds of the council to the caretaker, for so long as he or she holds office as such, of a monthly salary at such rate as the Minister may determine.[section substituted by section 16 of Act 1 of 2008]

Part VI – Proceedings and committees of council

84. Meetings and special meetings of council

[Please note: numbering as in original]

(1)A council shall hold its first meeting on such date and at such place as the Minister may fix and thereafter the council shall, subject to this Act, meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and proceedings as it thinks fit:Provided that the council shall hold an ordinary meeting—(a)as soon as is practicable after each general election; and(b)at least once in each month.
(2)Save as otherwise provided in this Act, at any meeting of a council(a)all the councillors present at that meeting shall vote on every matter which is put to the vote;(b)voting shall be by show of hands or by any mechanical means approved by the council;(c)all the questions coming or arising before that meeting shall be decided by a resolution passed by a majority of the votes cast and, in the event of an equality of votes, the mayor shall have a casting vote in addition to a deliberative vote.
(3)The mayor may, at any time, and at the request in writing of not less than one-third of the total membership of the council or of six councillors, whichever is the less, shall, within fourteen days of such request, call a special meeting of the council.
(4)Written notice of any special meeting called in terms of subsection (3) shall be sent to each councillor at least twenty-four hours before the meeting and shall specify the object of the meeting, and no matters, other than those specified in that notice, shall be discussed at that special meeting.
(5)Meetings of a council shall be held—(a)in the case of an ordinary meeting, at such time and place as the council may determine;(b)in the case of a special meeting, at such time and place as the mayor may determine:Provided that no meeting of the council shall commence before half-past four o’clock in the afternoon unless—(a)at least two-thirds of the total membership of the council have agreed that the meeting may commence earlier; or(b)in view of exceptional circumstances, the mayor has directed that the meeting should commence earlier.
(6)Save as otherwise provided in this Act or in any other law, all acts, matters or things authorized or required to be done by a council may be decided by a majority of councillors voting at a meeting of the council at which a quorum is present.

85. Quorum at meetings of council

(1)One-third of the total membership of a council, together with one other councillor, shall form a quorum at a meeting of the council.
(2)In the case of a council the total membership of which is not an integral multiple of three, the reference in subsection (1) to one-third shall be construed as a reference to one-third of the number next above that of such total membership which is an integral multiple of three.

86. Validity of decisions and acts of council or committee

(1)No proceedings of a council or of any committee shall be invalid or illegal solely on account of a vacancy in the membership of the council of committee, as the case may be, at the time of such proceedings.
(2)No proceedings of a council or any committee and no action taken by any person acting as mayor, chairman, councillor, town clerk, treasurer or auditor, as the case may be, shall be invalid or illegal solely on account of some defect in the election, appointment or qualification of any such person.

87. Meetings open to the public

(1)Subject to subsection (2), every meeting of a council shall be open to the public and the Press.
(2)If at any meeting a council considers that any matter to be discussed at that meeting can be more conveniently and advantageously discussed in private, the council may, subject to subsection (4) of section three hundred and seven, resolve itself into committee and exclude the public and the Press, and any resolution adopted whilst in committee shall have full effect as a resolution of the council:Provided that the council in committee may invite representatives of any authority or board concerned with local government functions to attend meetings of the council in committee as observers.

88. Minutes of proceedings

(1)The chamber secretary, in the case of a municipal council, and the secretary, in any other case, shall keep or cause to be kept minutes in the English language of all proceedings of the council and of the council’s committees, and shall cause to be recorded in the minutes the names of the chairman and of all councillors or members attending the meeting.
(2)The minutes kept in terms of subsection (1) shall be recorded in a book kept for the purpose or on loose sheets of paper which shall subsequently be bound into a book.
(3)The minutes of a meeting of a council or committee shall, if in order, be confirmed as soon as possible and, when so approved, shall be signed by the chairman of the meeting at which they are confirmed.
(4)A document purporting to be—(a)the minutes of a meeting of a council or committee and signed as provided in subsection (3); or(b)a copy of or extract from any minutes referred to in paragraph (a) and certified by the town clerk as correct;shall, on its production in any court, be prima facie proof of the facts set out therein, and all matters relating to the meeting of which the minutes purport to be the record shall be presumed to have been done and executed with the due formalities until the contrary is proved.
(5)Subject to subsection (6), the minutes of the proceedings of a council or any committee shall be open to inspection at all reasonable times by any person and any person may obtain a copy thereof or an extract therefrom on payment of such fee, not exceeding such amount as may be prescribed, as is fixed by resolution of the council.
(6)Subject to subsection (7) and to section ninety-two, there shall be no right to inspect or to obtain copies of or extracts from—(a)any document referred to in any minutes of the proceedings of a council or of a committee thereof;(b)any minutes of a meeting of a council whilst in committee in terms of subsection (2) of section eighty-eight or of a meeting of a committee in so far as they relate to—(i)staff matters or matters of internal or national security; or(ii)matters referred to in subsection (7) of section two hundred and eleven relating to the acceptance of a tender; or(iii)any other matter where the council or the committee, as the case may be, has resolved that the minutes should not be open to inspection.
(7)Subsection (6)—(a)shall not be construed as precluding the right—(i)to inspect or obtain a copy of any resolution passed by a council or committee in relation to a matter referred to in subparagraph (ii) or (iii) of paragraph (b) of subsection (6); or(ii)to inspect or obtain copies of or extracts from any minutes of a committee in relation to a matter referred to in subparagraph (iii) of paragraph (b) of subsection (6) if the council has resolved that the minutes relating to that matter should be open to inspection;(b)shall not apply to a councillor, other than a councillor who—(i)in terms of section one hundred and seven has withdrawn or would have been required to withdraw from the meeting whilst the matter concerned was under consideration; or(ii)has been suspended in terms of by-laws referred to in paragraph 6 of the Third Schedule during the period he has been so suspended.
(8)If, at any meeting of a council or committee, a councillor or other member of the committee who has voted against any resolution passed at that meeting so requests, the town clerk or the secretary, as the case may be, of such meeting shall record—(a)the name of that councillor or member; and(b)the reasons why that councillor or member voted against the resolution:Provided that the town clerk or secretary shall not refer in such reasons, whether by name or designation of office, to any other councillor or member.

89. Rescission or alteration of resolutions of council and committees

(1)A resolution passed at a meeting of a council shall not be rescinded or altered at a subsequent meeting of the council(a)unless—(i)a committee has recommended that the resolution he rescinded or altered; or(ii)a notice of motion to rescind or alter that resolution has been given at least seven days before the subsequent meeting to the chamber secretary and the notice of motion has been signed by not less than one-third of the membership of the council;and(b)if the rescission or alteration occurs within six months from the date of the passing of the original resolution and the number of councillors present at such subsequent meeting does not exceed the number of councillors present when the original resolution was passed, unless at least two-thirds of the councillors or members, as the case may be, present at the subsequent meeting vote in favour of that rescission or alteration.
(2)The chamber secretary to whom any notice of motion has been given in terms of subsection (1) shall send a copy of the notice to each councillor at least two days before the subsequent meeting at which the motion is to be moved.
(3)Nothing in subsection (i) shall be construed as precluding a council from rescinding or altering a resolution passed at a previous meeting in a manner other than that recommended by the committee or specified in a notice of motion, as the case may be.
(4)A resolution passed at a meeting of a committee of a council may be rescinded or altered at any subsequent meeting of that committee.[section substituted by section 17 of Act 1 of 2008]

90. Rescission or alteration of resolutions of other committees

A resolution passed at a meeting of a committee of a council, other than an executive committee, may be rescinded or altered at any subsequent meeting of that committee.

91. Minister’s right of access to records of council

(1)The Minister shall have unrestricted access to all council records, minutes and any documents in the possession of any council which relate to the council’s meetings, resolutions and affairs.
(2)If required to do so by the Minister or by a person authorized by the Minister, the Council shall without delay submit to the Minister or that person, as the case may be, a copy of any record, minute or document referred to in subsection (1).

92. ***

[section repealed by section 18 of Act 1 of 2008]

93. ***

[section repealed by section 18 of Act 1 of 2008]

94. ***

[section repealed by section 18 of Act 1 of 2008]

95. ***

[section repealed by section 18 of Act 1 of 2008]

96. Standing committees of council

(1)Subject to this section and section ninety-seven for the better exercise of its functions, a council may appoint one or more standing committees and vest in the committees such of its functions as it thinks fit.
(2)Every council shall appoint a finance committee which shall be responsible for regulating the financial affairs of the council in accordance with the standing orders and by-laws of the council.
(3)Every council shall appoint a health and housing committee which shall be responsible for health and housing matters relating to the council.
(4)Every council shall appoint an environmental management committee which shall be responsible for environmental matters relating to the council.
(5)Where a council has appointed a health committee in terms of section 15 of the Public Health Act [Chapter 15:09], subsections (5) to (10) of this section and section one hundred and four, and any by-laws made by the council that are applicable to its committees generally, shall apply in relation to that health committee, subject to any regulations made in terms of section 15 of the Public Health Act [Chapter 15:09].
(6)Every standing committee shall, at its first meeting after the appointment of the members thereto, elect one of its members to be chairman and one of its members to be vice-chairman thereof, and may at any time, if the person elected as chairman or vice-chairman ceases to be a member of that committee, elect a member to replace him.
(7)A member of a standing committee shall cease to be a member thereof forthwith—(a)after the general election held for the council; or(b)if he ceases to be councillor.
(8)At every meeting referred to in subsection (1) of section one hundred and three a council shall which has appointed standing committees review the work of each standing committee during the previous year and shall reappoint such standing committees or appoint different standing committees in terms of subsection (1).
(9)A standing committee shall consist of such number of members, being not less than three, as the council may determine.
(10)Subject to subsection (11), no person, other than the members of, and the secretary to, a standing committee and the town clerk shall be present at a meeting of that standing committee:Provided that if—(a)the attendance of any employee of the council is required by the town clerk; or(b)the chairman of the standing committee has invited an employee or other person to attend a meeting in connection with the consideration of any matter;that employee or other person may attend the meeting.
(11)If the mayor is not a member of a standing committee he or, in his absence, the deputy mayor or acting mayor shall be entitled to attend and to participate in any discussion at a meeting of a standing committee but he shall not be entitled to vote on any matter before that standing committee.

97. Audit committee

(1)Every council shall appoint an audit committee.
(2)The mayor, the deputy mayor and chairperson of every committee of council shall not be a member of, nor be entitled to attend any meeting, of the audit committee.[subsection substituted by section 19 of Act 1 of 2008]
(3)No person other than the members of the audit committee and the external auditors of council shall attend any meeting of the audit committee:Provided that if the audit committee requires the attendance of any employee or other person at its meeting, that person or other person shall attend the meeting.
(4)Where an employee or any other person fails, without just cause, to comply with any requirement to attend an audit committee meeting in terms of subsection (3), he shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]

98. Functions of audit committee

(1)The functions of the audit committee shall be—(a)to inquire into and report upon the manner in which the finances of the council, its assets and human resources are being used;(b)to ascertain whether the funds and assets of the council are applied to the purposes intended and are consistent with any regulations and standing orders issued by the council, or the Minister, as the case may be;(c)to call for information, explanations and evidence in respect of any matters in respect of which the auditors have made observations;(d)to receive and consider reports of internal and external auditors and make appropriate recommendations to the council;(e)to recommend to the council appropriate methods of investment of moneys, and custody of any other properties of the council.
(2)The audit committee shall report its proceedings only to the council:Provided that where the Minister requests a report of such committee, the committee shall comply with such request.
(3)The council shall pay due regard to any recommendation made by the audit committee in terms of paragraph (e) of subsection (1), but shall not be obliged to act in accordance with any such recommendation.

99. ***

[section repealed by section 18 of Act 1 of 2008]

100. Special committees

(1)A special committee may at any time be appointed by a council subject to the following provisions—(a)that committee shall be appointed for a specific task and once that committee has submitted a report thereon it shall be dissolved unless reconstituted by the council for further investigation or consideration in connection with the original task;(b)that committee shall be composed of councillors or councillors and persons who are not councillors and any such member of that special committee shall be entitled to exercise a vote;(c)the chairperson of that committee shall be a councillor;(d)the quorum at any meeting of that committee shall be formed by such number of members as the council may determine;(e)a person ho is not a councillor shall not be appointed or continue in his or her appointment as a member of that committee if he or she would, if he or she were a councillor, be disqualified in terms of section section 41(1) (b) to (f) from being nominated as or continuing in office as a councillor;(f)no powers shall he delegated by the council to that committee.
(2)A special committee shall consist of such number of members, being not less than three, as the council may determine.
(3)A special committee(a)at its first meeting after the appointment of the members thereto—(i)shall, subject to subsection (1)(c), elect one of its members to be chairperson; and(ii)may elect one of its members to be vice-chairperson; and(b)may at any time, if the person elected as chairperson or vice-chairperson ceases to be a member of the special committee, elect a member to replace him or her.
(5)No person, other than the members of, and the secretary to, a special committee appointed in terms of subsection (1) and the town clerk, shall be present at a meeting of that committee:Provided that if the chairperson of that committee has invited an employee or other person to attend a meeting in connection with the consideration of any matter, that employee or other person may attend the meeting.[section substituted by section 20 of Act 1 of 2008][Please note: numbering same as in original.]

101. Meetings and procedure of committees

(1)A committee appointed in terms of this Part shall hold its first meeting on such date and at such place as the council, as the case may be, may fix and thereafter that committee shall meet for the dispatch of business and adjourn, close or otherwise regulate its meetings and procedure as it thinks fit, subject to the provisions of this section any standing order or by-law of the council:Provided that no meeting of the council shall commence before half-past four o’clock in the afternoon unless—(a)at least two thirds of the total membership of the council have agreed that the meeting may commence earlier; or(b)in view of exceptional circumstances, the mayor has directed that the meeting should commence earlier.[subsection amended by section 21 of Act 1 of 2008]
(2)No business shall be transacted at any meeting of a committee appointed in terms of this Part unless the quorum of members or, if no quorum is fixed, not less than one-third of the total membership or two members, whichever is the greater, are present, and subsection (2) of section eighty-five shall apply, mutatis mutandis, in calculating one-third of the membership of the committee.
(3)Subject to subsection (5) of section ninety-six, the chairman or, if he is absent, the vice-chairman shall preside at any meeting of the committee concerned and, if both the chairman and the vice-chairman are absent, the members present shall elect one of their member to preside at that meeting as chairman.
(4)All acts, matters or things authorized or required to be done by a committee appointed in terms of this Part may be decided by a majority vote at a meeting of the committee at which a quorum is present.
(5)At all meetings of a committee each member present shall have one vote on a question before the committee and, in the event of an equality of votes, the person presiding at that meeting shall have, in addition to a deliberative vote, a casting vote:Provided that the person presiding shall not have a casting vote where the question concerns the rescission or alteration of a previous resolution of the council.
(6)No meeting of a committee may invite representatives of any authority or board concerned with local government functions to attend meetings of the committee as observers.

102. Standing orders

(1)A council may make standing orders not inconsistent with this Act in relation to any matter specified in paragraph 5, 6, 7, 8 or 12 of the Third Schedule or any matter for which in terms of this Act provision may be made in standing orders.
(2)The council may vary or rescind any standing order if the proposal to vary or rescind the standing order receives the affirmative votes of not less than two-thirds of the total membership of the council.
(3)A standing order may be suspended if the proposal to suspend the standing order is agreed to by a majority of the total membership of the council.
(4)Standing orders shall not be published in the Gazette.

Part VII – Mayor, deputy mayor, chairperson, deputy chairperson, aldermen and councillors

103. Election of mayor, deputy mayor, chairperson and deputy chairperson

(1)At the first meeting of a council alter it has been established and thereafter at the first meeting held—(a)after the general election of councillors; or(b)after an initial election of councillors referred to in section 17(1)(c);orthe councillors present at that meeting shall, under the chairmanship of the district administrator, or, in the case of the Harare and Bulawayo municipal councils, the provincial administrator within whose province the municipal council lies, elect—(c)in the case of a municipal council, one councillor or other person to be mayor and thereafter another councillor to be deputy mayor;(d)in the case of a town council, one councillor to be chairperson and thereafter another councillor to be deputy chairperson.
(2)A person elected in terms of subsection (1) shall forthwith enter upon his or her office and shall hold office until the election or appointment of his or her successor in office.
(3)A person elected in terms of subsection (1) shall cease to hold office as such when his or her successor is elected in terms of that subsection:Provided that—(i)if a deputy mayor is elected in terms of subsection (4) to be mayor, he or she shall cease to hold office as deputy mayor with effect from that election:(ii)if a deputy chairperson is elected in terms of subsection (4) to be chairperson, he or she shall cease to hold office as deputy chairperson with effect from that election;(iii)if a mayor, chairperson, deputy mayor or deputy chairperson resigns, by notice in writing addressed to the town clerk, he or she shall cease to hold office as such with effect from the date the notice is received by the town clerk;(iv)if the seat of the councillor who is a mayor, chairperson, deputy mayor or deputy chairperson becomes vacant by virtue of section 78(2)(b), (c), (d), (e), (f) or (g), he or she shall cease to hold office as such with effect from the date that seat becomes vacant.
(4)Where the office of mayor, chairperson, deputy mayor or deputy chairperson becomes vacant before a meeting referred to in subsection (i), the councillors present at a meeting of the council held not later than thirty days after such vacancy shall elect a successor who shall serve for the unexpired term of office of his or her predecessor.
(5)If, at any meeting at which a mayor, chairperson, deputy mayor or deputy chairperson is to be elected, more than one candidate is nominated for that office, the election shall be by secret ballot and, if there is an equality of votes between two or more candidates and the addition of one vote would entitle any of the candidates to be declared elected to the office, there shall be a second election by secret ballot and, if that second election there is again an equality of votes such as is referred to above, the candidate to whom the additional vote shall be deemed to have been given shall be determined by the drawing of lots at that meeting.
(6)At a meeting of the council referred to in subsection (4) at which a mayor, chairperson, deputy mayor or deputy chairperson is to be elected, the proceedings during that election shall be presided over by the person who, immediately before the election, held the office of mayor or chairperson or, failing him or her, by the person who at that time held the office of deputy mayor or deputy chairperson or, in the absence of both such persons, by a councillor elected by the councillors present to preside at that meeting.
(7)If the person presiding over a meeting to elect a mayor, chairperson, deputy mayor or deputy chairperson is not a member of the council, he or she shall have no vote in the election.[section substituted by section 22 of Act 1 of 2008]

104. Functions of mayor, deputy mayor, chairperson and deputy chairperson

(1)The mayor shall preside at all meetings of the council at which he or she is present and, in the event of an equality of votes on any matter before the council, he or she shall, subject to sections 103(7) and 290(2)(a), have, in addition to a deliberative vote, a casting vote.
(2)Whenever the office of mayor or chairperson is vacant or the mayor or chairperson is absent or incapacitated or fails to act, the deputy mayor or deputy chairperson, as the case may be, shall perform the functions of the mayor or chairperson in terms of this Act or any other law or any resolution of the council.
(3)Save as otherwise provided in section 103(7), whenever the offices of both the mayor or deputy chairperson and the deputy mayor or deputy chairperson are vacant or both the mayor or deputy chairperson and the deputy mayor or deputy chairperson are absent or incapacitated or fail to act, their functions in terms of this Act or any other law or any resolution of the council shall be exercised by a councillor appointed by the council for the purpose or, failing such appointment, by a councillor appointed by the Minister, and such councillor shall, while performing his or her duties, be designated—(a)in the case of a municipal council, the acting mayor;(b)in the case of a town council, the acting chairperson.
(4)For the purposes of this section, a certificate under the hand of the town clerk as to the existence of a vacancy in the office, or the absence or incapacity of the mayor, chairperson, deputy mayor or deputy chairperson or the failure of the mayor, chairperson or deputy mayor or deputy chairperson to act shall be prima facie evidence of that fact.[section substituted by section 22 of Act 1 of 2008]

105. Allowances for mayor, deputy mayor, chairperson and deputy chairperson

(1)Subject to subsection (2)—(a)a municipal council shall pay to the mayor and deputy mayor; and(b)a town council shall pay to the chairperson and deputy chairperson;an allowance at a monthly rate fixed by the council, not exceeding such rate as may be prescribed, to cover the general and personal expenses incidental to the office of mayor, deputy mayor, chairperson or deputy chairperson, as the case may be.
(2)Where the deputy mayor or deputy chairperson, or a councillor, is required in terms of section 104(2) to perform the functions of the mayor, or chairperson for a period exceeding fourteen days, he or she shall be paid an allowance fixed by the council for the period he or she so performs such duties:Provided that no allowance payable to the deputy mayor in terms of subsection (1) shall be paid to him or her in terms of subsection (1) in respect of any period for which he or she is paid an allowance in terms of this subsection.[section substituted by section 22 of Act 1 of 2008]

106. Appointment of aldermen

(1)A municipal council may appoint to the dignity of alderman any person who has held office as mayor or councillor on that council for a period of, or for periods which in the aggregate amount to, “eight years or more in the case of mayor, or ten years or more in the case of a councillor.”.
(2)An alderman may retain the title of alderman and use the crest and armorial bearings designated by the council for aldermen, whether he is a councillor or not.

107. Disability for voting on account of interest in contract, etc.

(1)If a councillor or member of a committee has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter and is present at a meeting of the council or committee at which that contract or other matter is the subject of consideration, he shall at that meeting, as soon as practicable after the commencement of the discussion of the item in which he has a pecuniary interest, disclose his interest and shall withdraw from that meeting while that item is under consideration and shall not vote at that or any other meeting on any question relating to that contract or other matter:Provided that this subsection shall not apply in relation to—(a)an interest in a contract or other matter which a councillor or other member of a committee may have as an inhabitant of the council area or as an ordinary consumer of electricity or water; or(b)an interest in a matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered by the council to members of the public; or(c)any case where the disability has been removed in terms of subsection (4) and any conditions imposed in terms of that section are compiled with.
(2)For the purposes of subsection (1), a person shall be regarded as having an indirect pecuniary interest in a contract or any other matter if—(a)he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in such other matter; or(b)he is a partner or is in the employment of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in such other matter:Provided that—(i)this subsection shall not apply to membership of or employment by a statutory body or commission;(ii)a member of a company or other body shall not, by reason only of his membership, be regarded as having a pecuniary interest in any contract or other matter if he has no beneficial interest in any shares or stock issued by that company or other body.
(3)In the case of married persons living together, an interest of one spouse shall, if known to the other, be deemed, for the purposes of this section, to be also an interest of that other spouse.
(4)The Minister may, subject to such conditions as he may think fit to impose, remove any disability imposed by subsection (1) in any case in which—(a)the number of councillors or members of the committee so disabled at any one time would be so great a proportion of the total membership of the council or committee as to impede the transaction of business by the council or the committee; or(b)it appears to the Minister that it is in the interests of the inhabitants of the council area that the disability should be removed.
(5)Any councillor who knowingly contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]
(6)A councillor shall not be prosecuted for an offence under subsection (1) without the authority of the Attorney-General.

108. Mayor and councillors may not provide professional services for or against council

(1)Subject to this section, no mayor or councillor shall act for reward—(a)as a legal practitioner on behalf of or against the council or on behalf on any person who has been charged with having contravened any by-laws of the council; or(b)for the council as a medical practitioner, veterinary surgeon, architect, engineer, surveyor, accountant, auditor, estate agent, auctioneer, valuer or appraiser or in any other professional capacity;and any mayor or councillor or partner, employer or employee of such mayor or employee who contravenes this subsection shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.[subsection amended by section 4 of Act 22 of 2001]
(2)Nothing in subsection (1) shall apply to the payment to any medical practitioner of such fee as is fixed by any law for the rendering to the council of a certificate or of a notification of any case of an infectious disease.
(3)A person referred to in subsection (1) may act as medical practitioner for the council if requested to do so by the affirmative votes of not less than two-thirds of the total membership of the council and the Minister agrees thereto.
(4)Subject to subsections (2), (3) and (4), no mayor or councillor shall, directly or indirectly—(a)sell or let on hire any goods to the council, municipality or town concerned; or(b)for reward, provide any service to the council, municipality or town concerned; unless he has notified the council in writing of the extent of his interest in the matter.
(5)For the purposes of subsection (4), if goods are let on hire or services are provided to a council, municipality or town by—(a)a partner, employee or spouse of a mayor or councillor; or(b)a company or private business corporation of which a mayor or councillor is a member;the mayor or councillor shall be deemed indirectly to have sold or let the goods on hire or provided the service, as the case may be.
(6)The Minister may, subject to such conditions as he may think fit to impose, remove any disability imposed by subsection (1) in any case in which it appears to the Minister that it is in the interests of the inhabitants of the council area that the disability should be removed.

109. Appearance of mayor and councillors before boards and authorities

No mayor or councillor and no partner, employer or employee of a mayor or a councillor shall act as agent or representative for any other person—(a)before a valuation board established in terms of section two hundred and forty-one; or(b)before a board appointed by the Minister in terms of section three hundred and twelve; or(c)before a licensing authority constituted in terms of the Shop Licences Act [Chapter 14:17] within whose area of jurisdiction the council area or part of the council area falls.

110. Councillors to furnish address to chamber secretary

(1)A councillor or other member of a committee shall furnish to the chamber secretary, in writing, an address within the council area to which official communications intended for him shall be sent.
(2)Where a councillor or other member is absent from a meeting of a committee or council on account of the fact that he has not received any communication sent to the address furnished in terms of subsection (1), such absence shall not affect the validity of any meeting or any proceedings of the council or any committee thereof of which he is a member.

111. Exemption of mayor, councillors and other persons from personal liability

No—(a)matter or thing done or omitted or contract entered into by the council or any committee thereof; or(b)matter or thing done or omitted by a mayor or councillor or other member of a committee or by an employee or other person acting under the specific or general directions of the council or of a committee thereof;which was done or omitted or, in the case of a contract, entered into in good faith and without recklessness for the purposes of this Act shall subject the mayor or any councillor or other member of a committee, employee or other person to any action, liability, claim or demand whatsoever and any expenses incurred by the council or a councillor or other member of a committee, employee or other person as a result of such action, claim or demand shall be paid by the council.

112. Personal allowances for councillors

(1)Subject to subsection (2), with the written approval of the Minister, a council may, in accordance with any by-law or standing order of the council, pay to all councillors a monthly personal allowance at a rate fixed by the council not exceeding such sum as may be prescribed.
(2)A personal allowance in terms of subsection (1) shall not be paid to a councillor(a)in respect of the whole or any period of leave of absence from the council which exceeds a continuous period of thirty days;(b)in circumstances where any by-law or standing order of the council prohibits such payment.

113. Power of municipal council to pay pensions to councillors or ex-councillors in special circumstances

(1)If a municipal council considers that there are special circumstances which warrant the payment of a pension or allowance to a person who has attained the age of sixty years and has held office as a councillor on that council for a period of, or periods in the aggregate which amount to, twenty years or more, that council may apply to the Minister for authority to pay such pension or allowance.
(2)On receipt of an application in terms of subsection (1) the Minister shall, if he is satisfied that there are special circumstances which warrant the payment of the pension or allowance, grant authority for its payment, subject to such terms and conditions as he may determine, and it shall be lawful for the council to pay the pension or allowance in accordance with that authority.
(3)The Minister may at any time, after the council concerned has been consulted, withdraw any authority given in terms of subsection (2) or vary any terms and conditions subject to which it was given, if in the Minister’s opinion the circumstances prevailing at the time the authority was given have altered.

114. Suspension and removal of councillors from office

(1)In accordance with section 278 of the Constitution the mayor chairperson or councillor of a council shall only be removed from office on the grounds of—(a)inability to perform the functions of his or her office due to mental or physical incapacity; or(b)gross incompetence; or(c)gross misconduct; or(d)conviction of an offence involving dishonesty, corruption or abuse of office; or(e)wilful violation of the law, including a local authority by law.
(2)Subject to this section, if the Minister has reasonable grounds for suspecting that a mayor, chairperson or councillor(a)is unable to perform the functions of his or her office due to mental or physical incapacity; or(b)is guilty of any misconduct referenced in subsection (1)(b), (c), (d) or (e);the Minister shall, by written notice to the mayor, chairperson or councillor and the council concerned—(c)suspend the mayor, chairperson or councillor from exercising all or any of his or her functions in terms of this Act; and(d)specify the reasons for the suspension and the nature of the allegations against the mayor, chairperson or councillor; and(e)afford an opportunity to the mayor, chairperson or councillor to respond to the allegation within seven days of receiving the notice.
(3)Any allowance that is payable to mayors, chairpersons or councillors in terms of this Act shall continue to be paid to a mayor, chairperson or councillor who has been suspended in terms of subsection (1) for so long as he or she is suspended, unless the misconduct in question involves—(a)dishonesty in connection with the funds or other property of the council; or(b)gross negligence resulting in the loss of any funds or property of the council; or(c)gross mismanagement of the funds, property or affairs of the council;whether or not the mayor’s, chairperson’s or councillor’s responsibility for such dishonesty, negligence or misconduct is shared with other councillors or with any employees of the council.
(4)Not earlier than fourteen days after the Minister has suspended a mayor, chairperson or councillor in terms of subsection (2), and in any event within forty-five days, the Minister shall, if no response is made to a notice in terms of subsection (2)(e), or if that response is not satisfactory to the Minister, cause a thorough investigation where necessary to be conducted with all reasonable dispatch to determine whether sufficient evidence, exists for the issue of the removal of the mayor, chairperson or councillor on any of the grounds specified in subsection (1) to be referred to an independent tribunal.
(5)This section applies, with such changes as may be necessary, to any allegation of inability on the part a mayor, chairperson or councillor unable to perform the functions of his or her office due to mental or physical incapacity.[section substituted by Act 8 of 2016]

114A. Independent tribunals: appointment and procedure

(1)An independent tribunal referred to in section 278(2) of the Constitution shall be constituted whenever the issue of the removal of a mayor, chairperson or councillor on any of the grounds specified in section 114(1) needs to be referred to it.
(2)An independent tribunal shall, consist of—(a)a chairperson appointed by the Minister from a list of at least three and not more than nine registered legal practitioners with at least five years’ experience in private or public practice, who shall be nominated by the Law Society of Zimbabwe referred to in section 51 of the Legal Practitioners Act [Chapter 27:07] (if the original list consists of fewer than nine nominees, the Minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed nine); and(b)two other members appointed by the Minister from a list of at least three and not more than nine persons nominated by the Civil Service Commission, who shall, be persons experienced in local government administration, whether as former councillors or as administrators (if the original list consists of fewer than nine nominees, the Minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed nine).
(3)If the case to be determined by the tribunal involves financial impropriety, one of the members of the tribunal must be a person registered under the Public Accountants and Auditors Act [Chapter 27:12], in which event the Civil Service Commission shall submit to the Minister two lists of nominees of which one list shall consist at least three and not more than six persons qualified as provided in subsection (2)(b), and the other list shall consist of at least three and not more than six persons registered under the Public Accountants and Auditors Act [Chapter 27:12]:Provided that if either of the original lists consists of fewer than six nominees, the Minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed six.
(4)In accepting nominations for appointment to the tribunal in terms of subsections (2) and (3), the Minister shall notify the Law Society of Zimbabwe and Civil Service Commission of the names of at least one alternate for the office of chairperson of the tribunal (drawn from the list of nominees for that post) and one alternate for each of the other two appointees of the tribunal (drawn from the list of nominees supplied for those posts) who shall assume the chairpersonship or membership of the tribunal in case any such office becomes vacant in the course of the tribunal’s proceedings.
(5)In nominating or appointing members or alternates to a tribunal the Law Society of Zimbabwe and the Civil Service Commission, as the case may be, must be mindful of the requirement that the tribunal should consist of members of both sexes.
(6)A person shall not be eligible for appointment to an independent tribunal if—(a)he or she is not a citizen of Zimbabwe ordinarily resident in Zimbabwe; or(b)he or she has, in terms of a law in force in any country—(i)been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or(ii)he or she has, within the period of five years immediately preceding the date of his or her proposed appointment, been sentenced in any country to a term of imprisonment of six months or more, imposed without the option of fine, and has not received a free pardon.
(7)Members of the tribunal shall be paid such sitting and other allowances from the funds of the local authority affected by the suspension of the mayor, chairperson or council by whose removal from office they are considering, at such rate as shall be fixed in a statutory instrument:Provided that the local authority concerned is entitled (in terms of paragraph 6 of the Fourth Schedule) to seek from the tribunal an order of reimbursement of all or part of the costs it incurred under this subsection if the mayor, chairperson or councillor is removed from office.
(8)The head of the Ministry shall provide such secretarial and support services as may be required by the tribunal.
(9)A member of a tribunal may resign his or her office at any time by giving the chairperson, or the Minister in the case of a chairperson, at least fourteen days’ notice of his or her intention to resign, whereupon the next available person on the appropriate list of alternates shall assume office in his or her stead.
(10)The Minister may, after consulting the Law Society of Zimbabwe and the Civil Service Commission, as the case may be, remove a member from a tribunal on the grounds of—(a)inability to discharge the functions of his or her office, whether arising from infirmity of mind or body or any other cause; or(b)negligent or improper conduct in connection with the discharge of his or her duties as a member of the tribunal.
(11)On the death of, or the vacation of office by, a member of the tribunal, the next available person on the appropriate list of alternates shall assume office in his or her stead.
(12)Subject to paragraph 4(5) of the Fourth Schedule, the office of a member of a tribunal shall terminate on the day that a determination is made whether to remove a mayor, chairperson or councillor from office.
(13)In the course of its hearings—(a)the tribunal shall be bound by the rules of natural justice, and otherwise by the rules set forth in the Fourth Schedule; and(b)any contempt of the tribunal by any person before the tribunal shall constitute the crime of contempt of court in terms of section 181 of the Criminal Law Code.
(14)Any person aggrieved by the proceedings or decision of the tribunal may appeal to the High Court or take the matter on review to the High Court, but any decision of the tribunal shall stand pending the appeal or review.
(15)The Minister may in consultation with the Minister responsible for justice, amend the Fourth Schedule by statutory instrument:Provided that no such statutory instrument shall be published and come into force until a draft thereof is laid before Parliament, and no resolution nullifying the same is made by either House within the first seven sitting days after the draft is laid before the House concerned.[section inserted by Act 8 of 2016]

Part VIII – Local Government Board

115. Interpretation in Part VIII

In this Part—member” means a member of the Local Government Board and includes the chairman;senior official” means a town clerk, a chamber secretary, a head or deputy-head of a department or such employee of a council as may be prescribed.

116. Local Government Board

(1)There is hereby established a board to be known as the Local Government Board.
(2)The Local Government Board shall consist of seven members appointed by the Minister, of whom—(a)one shall be chosen from a list of not less than three names submitted by the Urban Councils Association; and(b)one shall be chosen from a list of not less than three names submitted by the town clerks; and(c)one shall be chosen from a list of not less than three names submitted by the Municipal Workers Union; and(d)one shall be a member of the Public Service Commission chosen from a list of not less than three names submitted by the Minister responsible for the Public Service; and(e)two shall be appointed for their ability and experience in public administration and who are or have been employed by a local authority or the Public Service for a period of not less than five years in a senior post.
(3)If any person or organization referred to in subsection (2) fails or refuses to nominate a person to the Local Government Board when required to do so by the Minister, the Minister may appoint any person to represent that organization, and the person so appointed shall hold office as a member in all respects as if he had been duly nominated and appointed in terms of subsection (1).
(4)If any organization referred to in subsection (2) ceases to exist, the Minister shall obtain nominations for the purposes of that subsection from such other organization as the Minister recognizes as the successor to the first-mentioned organization.
(5)The Minister shall appoint one member as chairman of the Local Government Board and another member as vice-chairman of the Board and the vice-chairman shall exercise the functions of the chairman during any period that the chairman is unable to exercise his functions.
(6)A person shall not be eligible for appointment to the Local Government Board if—(a)he is neither a citizen of Zimbabwe nor permanently resident in Zimbabwe; or(b)he is a member of Parliament; or(c)he has, in terms of a law in force in any country—(i)been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or(ii)made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside;(d)he has, within the period of five years immediately preceding the date of his proposed appointment, been sentenced in any country to a term of imprisonment of six months or more, imposed without the option of a fine, and has not received a free pardon.

117. Terms and conditions of office of members of Local Government Board

(1)Subject to this Part, a member shall hold office for such period, not exceeding four years, as the Minister may fix at the time of his appointment.
(2)Subject to section one hundred and eighteen, a member shall hold office on such conditions as the Minister may fix at the time of his appointment or otherwise.
(3)A retiring member shall be eligible for reappointment as a member.

118. Allowances of members of Local Government Board

A member shall be paid such allowances, if any, as the Minister may fix for members from time to time for members generally.

119. Vacation of office by members of Local Government Board

(1)A member may resign his office at any time by giving the Minister such notice of his intention to resign as may be fixed in his conditions of service in terms of section one hundred and seventeen or, if no such period has been fixed, after the expiry of thirty days after the date he gives such notice or after the expiry of such other period of notice as he and the Minister may agree.
(2)A member shall be deemed to have resigned his office as a member and his office shall become vacant if—(a)he accepts nomination for election to Parliament or becomes a member of Parliament; or(b)he becomes ineligible in terms of paragraph (a), (c) or (d) of subsection (6) of section one hundred and sixteen for appointment to the Local Government Board.

120. Removal of members of Local Government Board from office

(1)A member shall not be removed from office except in terms of this section.
(2)The Minister may remove a member from office on the grounds of—(a)inability to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause; or(b)misconduct; or(c)failure to comply with any of the conditions of his office fixed by the Minister in terms of section one hundred and seventeen.

121. Filling of vacancies on Local Government Board

On the death of, or on the vacation of office, by a member, the Minister shall appoint a person to fill the vacancy in accordance with subsection (2) of section one hundred and sixteen.

122. Meetings of Local Government Board

(1)The chairman of the Local Government Board shall, whenever he considers it to be necessary, convene a meeting of the Board.
(2)The quorum at any meeting of the Local Government Board shall be four members.
(3)If, at a meeting of the Local Government Board, both the Chairman and the vice-Chairman are absent, the members present may appoint another member to preside at that meeting.
(4)Any question arising at a meeting of the Local Government Board shall be decided by a majority of the members present and voting and, in the event of an equality of votes, the member presiding shall have a casting vote in addition to a deliberative vote.
(5)The chairman of the Local Government Board may, with the approval of the other members, invite any person with special knowledge or experience of any matter under consideration to attend a meeting of the Board, but such person shall not vote on any question before the Board.
(6)The Local Government Board may regulate the proceedings at its meetings as it thinks fit, and shall keep minutes of such proceedings.

123. Functions of Local Government Board

(1)The functions of the Local Government Board shall be—(a)to provide guidance for the general organization and control of employees in the service of councils; and(b)to ensure the general well-being and good administration of councils staff and the maintenance thereof in a high state of efficiency; and(c)to make model conditions of service for the purposes stated in paragraphs (a) and (b) for adoption by councils; and(d)to make model regulations stipulating the qualifications and appointment procedures for senior officials of councils; and(e)to approve the appointment and discharge of senior officials; and(f)to conduct inquiries into the affairs and procedure of councils; and(g)to exercise any other functions that may be imposed or conferred upon the Board in terms of this Act or any other enactment.
(2)In the exercise of its functions in terms of this Act, the Local Government Board may or, where so directed by the Minister, shall—(a)require any council or any councillor, employee or agent of a council to produce any document, book or other record;(b)summon and examine any witness who the Board considers may be able to assist it in the conduct of any inquiry; and(c)obtain information and advice from any council or any employee or agent of any council.
(3)For the purposes of any inquiry carried out by it in terms of this Act, the Local Government Board shall have the same powers as are conferred upon commissioners in terms of the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall apply, mutatis mutandis, in relation to such an inquiry and to any person summoned to give or giving evidence at that inquiry.
(4)Any inquiry conducted by the Local Government Board may be conducted in an informal manner and the rules of procedure and evidence applicable in criminal or civil proceedings need not be observed at the inquiry:Provided that the person presiding over the inquiry shall ensure that substantial justice is done.

124. Directions on matters of policy

The Minister may give to the Local Government Board such directions of a general character as to the policy to be observed by it in the exercise of its functions as the Minister considers requisite in the national interest.

125. Staff of Local Government Board

The Local Government Board, in consultation with the Minister, shall appoint, on such terms and conditions as it may determine, such employees as are necessary to enable the Board to discharge its functions, and the Board may suspend, discipline or discharge any such employees.

126. Validity of acts and decisions of Local Government Board

No decision or act of the Local Government Board or act done under the authority of the Board shall be invalid solely because—(a)a person who was not entitled to do so acted as a member when the decision was taken or the act was done or authorized; or(b)there were one or more vacancies on the Board when the decision was taken or the act was done or authorized.

127. Funds of Local Government Board

The funds of the Local Government Board shall consist of—(a)such moneys as may be payable to the Board from moneys appropriated for the purpose by Parliament; and(b)any moneys to which the Board may be entitled from time to time.

128. Local Government Board may direct institution of disciplinary proceedings in respect of employees of councils

(1)The Local Government Board may, if it considers that there are grounds to suspect that an employee of a council has committed misconduct in terms of his conditions of service, direct the council concerned to institute disciplinary proceedings, and sections one hundred and thirty-nine, one hundred and forty and one hundred and forty-one shall apply, mutatis mutandis, in respect of such proceedings.
(2)The council concerned shall comply with any direction given to it by the Local Government Board in terms of subsection (1).

129. By-laws by Local Government Board

The Local Government Board may, with the approval of the Minister, make by-laws providing for matters which in its opinion are necessary or convenient for the better carrying out of or giving effect to its functions in terms of this Act.

130. Adoption of model by-laws by councils

A council may, in accordance with sections two hundred and twenty-eight and two hundred and twenty-nine, make by-laws adopting by reference, wholly or in part and with or without modifications, any model by-laws made in terms of section one hundred and twenty-nine, and the model by-laws as adopted shall have effect as if they were by-laws made by the council.

Part IX – Employees of the Council

131. Interpretation of term in Part IX

In this Part—senior official” means a town clerk, a chamber secretary, a head or deputy head of a department or such other employee of a council as may be prescribed.

132. Appointment of town clerk and secretary

(1)Subject to this Part, a municipal council shall appoint a person approved by the Local Government Board to be the town clerk of the municipality.
(2)The municipal council concerned shall recommend to the Local Government Board the names of suitable candidates for appointment to the post of town clerk.[subsection amended by section 23 of Act 1 of 2008]
(3)Subject to this Part, a town council shall appoint a person approved by the Local Government Board to be the secretary of the council.
(4)The town council concerned shall recommend to the Local Government Board the names of suitable candidates for appointment to the post of secretary.

133. Appointment of chamber secretary

(1)The municipal council shall, in addition to any other departments of the council, establish a department responsible for the provision of administrative and secretarial services to the council, and such department shall be headed by a chamber secretary.[subsection amended by section 23 of Act 1 of 2008]
(2)Subject to this Part a municipal council shall appoint a person approved by the Local Government Board to be the chamber secretary in respect of a department of council established in terms of subsection (1).
(3)The council shall recommend to the Local Government Board the names of suitable candidates for the post of chamber secretary.

134. Appointment of other senior officials

(1)Subject to this Part, a council shall appoint persons approved by the Local Government Board to be senior officials of the council:Provided that the appointment of a medical officer of health shall be subject to the approval of the Local Government Board and of the Minister responsible for health in terms of section 7 of the Public Health Act [Chapter 15:09].
(2)The council concerned shall recommend to the Local Government Board the names of suitable candidates for appointment as senior officials.

135. Approval by Local Government Board

(1)The Local Government Board shall interview every person whose name has been submitted to it by a council in terms of this Part and may—(a)approve a person recommended by the council concerned; or(b)refuse to approve any person recommended by the council concerned.
(2)Where the Local Government Board refuses to approve a person recommended by a council, it shall give its reasons therefor in writing to such council.
(3)Where, after a period of two months has elapsed since the Local Government Board notified the council of its refusal to approve a person for appointment, the council fails to recommend any other person who meets the approval of the Board, the Board shall submit a report to the Minister setting out the full details of the matter for his consideration.
(4)The decision of the Minister on any matter referred to him in terms of subsection (3) shall be final.

136. Functions of town clerk

(1)The town clerk shall be responsible for—(a)the proper administration of the council; and(b)managing the operations and property of the council; and(c)supervising and controlling the activities of the employees of the council in the course of their employment.
(2)For the purposes of subsection (1), the town clerk, in addition to any other duties that may be assigned to him by the council, shall—(a)direct, supervise, appraise, develop and report on the work and conduct of all council employees and take appropriate measures to ensure efficiency, and discipline among all council employees; and(b)where so authorised by the council, sign orders, notices, or any document requiring authentication, or execution on behalf of the council; and[paragraph substituted by section 25 of Act 1 of 2008](c)recommend to the council the measures necessary to safeguard the finances and assets of the council; and[paragraph substituted by section 25 of Act 1 of 2008](d)take such steps as he or she considers to be necessary for the purpose of giving effect to any resolution of the council: and[paragraph substituted by section 25 of Act 1 of 2008](e)account to the council for the performance of any tasks entrusted through him or her to the employees of the council; and[paragraph substituted by section 25 of Act 1 of 2008](f)make such recommendations to the council or any committee of the council as he or she considers to be necessary or desirable to effect economies, improve co-ordination and, generally, to improve the operations of the council or committee concerned; and[paragraph substituted by section 25 of Act 1 of 2008](g)introduce, implement and monitor adequate control systems; and(h)be responsible for the effectiveness and efficiency of the organization of the council and the coordination and, where necessary, the integration of its activities and, for such purposes, he may, after consultation with the head of the department concerned, inspect, inquire into and investigate the working and administration of any department or section thereof, either by himself or through any person authorized by him:Provided that—(i)nothing in this subsection shall be deemed to derogate from the personal responsibility of a head of department for the proper, efficient and effective management of his department;(ii)where a head of a department disagrees with any directive of the town clerk, he shall carry out such directive, and record any reservations he may have, in writing, and lodge them with the town clerk and the mayor;(iii)where a head of department lodges his reservation in terms of proviso (ii), the town clerk shall lodge his reply, in writing with the mayor.[subsection amended by section 25 of Act 1 of 2008]
(3)The town clerk may delegate to any other employee of the council any functions conferred or imposed upon him in terms of this Act, and such employee shall exercise the powers or carry out the duties in accordance with such directions as the town clerk may give him.

137. Functions of chamber secretary

(1)The chamber secretary shall be responsible for—(a)preparing and distributing minutes of the proceedings of a council and its committees; and(b)preparing and distributing agendas and notices of any mayoral, council or committee meetings; and(c)any other duties which may be assigned to him from time to time by the town clerk.
(2)Whenever the office of town clerk is vacant or the town clerk is absent or incapacitated or fails to act, the chamber secretary shall perform the functions conferred or imposed upon the town clerk by this Act or any other law or by any resolution of the council.

138. Approval of conditions of service of employees of councils

Notwithstanding anything to the contrary contained in any other law, no council shall fix or alter the conditions of service of its employees except with the approval of the Minister responsible for the administration of the Labour Relations Act [Chapter 28:01].

139. Conditions of service of town clerk

(1)Subject to subsection (2) and to the conditions of service of a town clerk, a council may at any time discharge a town clerk(a)upon notice of not less than three months; or(b)summarily on the ground of misconduct, dishonesty, negligence or any other ground that would in law justify discharge without notice.
(2)A council shall not discharge a town clerk unless the discharge has been approved by the Local Government Board.
(3)If it appears to the mayor or chairman, as the case may be, that the town clerk of the council has been guilty of such conduct that it is desirable that the town clerk should not be permitted to carry on his work, he—(a)may suspend the town clerk from office and require him forthwith to leave his place of work; and(b)shall forthwith notify the council in writing, of such suspension and cause the suspension to be reported to the council at the first opportunity.[paragraph amended by section 26 of Act 1 of 2008]
(4)Where a council has received a report of a suspension in terms of subsection (3), the council shall without delay—(a)conduct an inquiry or cause an inquiry to be conducted into the circumstances of the suspension; and(b)after considering the results of the inquiry, decide whether or not—(i)to lift the suspension; or(ii)to do any one or more of the following—A. reprimand the town clerk;B. reduce the salary or any allowance payable to the town clerk;C. impose a fine not exceeding three thousand dollars or three months’ salary, which fine may be recovered by deductions from the salary of the town clerk;D. subject to subsection (2), discharge the town clerk; and shall inform the town clerk accordingly.
(5)Where a town clerk has been suspended in terms of subsection (3)—(a)his suspension, unless earlier lifted, shall terminate when the council has decided not to discharge him or after six months has elapsed, whichever occurs the sooner;(b)during the period of his suspension he shall not be entitled to his salary or wages in respect of that period, but he may be paid such allowance, not exceeding the amount of his salary or wages, as the council may fix;(c)if he is not subsequently discharged, he shall be entitled to the full amount of his salary or wages and any allowances that would otherwise have been paid to him in respect of the period of his suspension, less any allowance paid to him in terms of paragraph (b).

140. Conditions of service of other senior officials

(1)Subject to subsection (2) and to the conditions of service of the senior official concerned, a council may at any time discharge a senior official(a)upon notice of not less than three months; or(b)summarily on the ground of misconduct, dishonesty, negligence or any other ground that would in law justify discharge without notice.
(2)A council shall not discharge a senior official unless the discharge has been approved by the Local Government Board:Provided that the discharge of a medical officer of health shall in addition be subject to the approval of the Minister responsible for health in terms of section 11 of the Public Health Act [Chapter 15:09].
(3)If it appears to a town clerk that any other senior official of the council has been guilty of such conduct that it is desirable that that official should not be permitted to carry on his work, he—(a)may suspend the official from office and require him forthwith to leave his place of work; and(b)shall forthwith notify the mayor or chairman of the council, as the case may be, in writing, of such suspension.
(4)Upon receipt of a notification of suspension in terms of subsection (3) the mayor or chairperson shall cause the suspension to be reported at the first opportunity to the council.[subsection substituted by section 27 of Act 1 of 2008]
(5)Where a council has received a report of a suspension in terms of subsection (4), the council shall without delay—(a)conduct an inquiry or cause a inquiry to be conducted into the circumstances of the suspension; and(b)after considering the results of the inquiry, decide whether or not—(i)to lift the suspension; or(ii)to do any one or more of the following—A. reprimand the senior official concerned;B. reduce the salary any allowance payable to the senior official;C. transfer the senior official to another post or grade, the salary of which is less than that received by him or her at the date of the imposition of the penalty;D. impose a fine not exceeding level five or three months’ salary, which fine may be recovered by deductions from the salary of the senior official;E. subject to subsection (2), discharge the senior official.[subsection substituted by section 27 of Act 1 of 2008]
(6)[subsection repealed by section 27 of Act 1 of 2008]

141. Appointment and conditions of service of other employees

(1)Employees of a council, other than senior officials, shall be appointed by the council(a)on the recommendation of the town clerk in the case of a municipal council;(b)on the recommendation of the secretary in the case of a town council.[subsection substituted by section 28 of Act 1 of 2008]
(2)Subject to the conditions of service of the employee concerned, a council may at any time discharge an employee other than a senior official(a)upon notice of not less than three months; or(b)summarily on the ground of misconduct, dishonesty, negligence or any other ground that would in law justify discharge without notice.[subsection amended by section 28 of Act 1 of 2008]
(3)[subsection repealed by section 28 of Act 1 of 2008]Provided that the discharge of a health inspector shall in addition be subject to the approval of the Minister responsible for health in terms of section 11 of the Public Health Act [Chapter 15:09].
(4)If it appears to a head of department that any employee of the council who is not a senior official has been guilty of such conduct that it is desirable that that employee should not be permitted to carry on his work, he—(a)may suspend the employee from office and require him forthwith to leave his place of work; and(b)shall forthwith notify the town clerk or secretary of the council, as the case may be, in writing, of such suspension.
(5)Upon receipt of a notification of suspension in terms of subsection (4) the town clerk or secretary, as the case may be, shall cause the suspension to be reported at the first opportunity to the council.[subsection substituted by section 28 of Act 1 of 2008]
(6)Where a council has received a report of a suspension in terms of subsection (5), the council shall without delay—(a)conduct an inquiry or cause an inquiry to be conducted into the circumstances of the suspension; and(b)after considering the results of the inquiry, decide whether or not—(i)to lift the suspension; or(ii)to do any one or more of the following—A. reprimand the employee concerned;B. reduce the salary or any allowance payable to the employee concerned;C. transfer the employee concerned to another post or grade, the salary of which is less than that received by him or her at the date of the imposition of the penalty;D. impose a fine not exceeding level five or three months salary, which fine may be recovered by deductions from the salary of the employee concerned;E. subject to subsection (3), discharge the employee concerned;[subsection substituted by section 28 of Act 1 of 2008]and shall inform the employee and his head of department accordingly.
(7)Where an employee has been suspended in terms of subsection (4)—(a)his suspension, unless earlier lifted, shall terminate when the council has decided not to discharge him or after six months has elapsed, whichever occurs the sooner;(b)during the period of his suspension he shall not be entitled to his salary or wages in respect of that period, but he may be paid such allowance, not exceeding the amount of his salary or wages, as the council may fix;(c)if he is not subsequently discharged, he shall be entitled to the full amount of his salary or wages and any allowances that would otherwise have been paid to him in respect of the period of his suspension, less any allowance paid to him in terms of paragraph (b).

142. Uniformed employees

(1)Without derogation from section one hundred and forty-one—(a)a council may appoint in terms of that section employees for the purpose of assisting in the control and protection of the property under the control of the council;(b)a municipal council may appoint in terms of that section parking supervisors to assist the police in the enforcement of any enactment to which the Municipal Traffic Laws Enforcement Act [Chapter 29:10] applies.
(2)An employee appointed for the purposes specified in paragraph (a) or (b) of subsection (1) may, when in uniform or upon proof of his appointment, demand the name and address of any person reasonably suspected by him of having committed any offence in relation to any property of or service or amenities provided by the council.
(3)An employee appointed for the purposes specified in paragraph (b) of subsection (1) may, when in uniform and upon proof of his appointment, demand the name and address of any person reasonably suspected by him of having committed any offence in terms of any enactment to which the Municipal Traffic Laws Enforcement Act [Chapter 29:10] applies.
(4)A person who—(a)when demand is made to him in terms of subsection (2) or (3) fails to furnish his name and address or furnishes a false name and address; or(b)hinders or obstructs or uses foul, abusive or insulting language towards or at an employee appointed for the purposes specified in subsection (1) whilst that employee is engaged upon the execution of his duties;shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment[subsection amended by section 4 of Act 22 of 2001]

143. Disqualifications for appointment of employees

(1)A person who approaches a mayor or councillor with a view to securing the vote of the mayor or councillor in favour of his appointment as an employee of the council concerned shall be disqualified from such appointment.
(2)A person who is convicted of any of the following offences—(a)extortion, bribery or a contravention of the Prevention of Corruption Act [Chapter 9:16]; or(b)theft or receiving stolen property knowing it to have been stolen; or(c)fraud, forgery or uttering; or(d)possession or supply of any habit-forming or other drug in contravention of any enactment; or(e)any offence for which he is sentenced to imprisonment for a period of six months or more without the option of a fine, whether or not any part of such imprisonment is suspended; or(f)an attempt, conspiracy or incitement to commit an offence specified in paragraph (a), (b), (c) or (d); shall be disqualified from appointment as an employee of any council for a period of three years from the date of such conviction.

144. Additional penalties for corrupt practices by employees of council

Without prejudice to any other penalty to which he may become liable in terms of any other law, if any employee of a council(a)solicits, exacts or accepts or agrees to accept or attempts to obtain any fee or reward whatsoever, other than any remuneration or allowance paid to him by the council, as an inducement or reward for doing or forbearing to do or for having done or forborne to do anything in connection with his employment or the affairs of the council; or(b)negotiates or enters into any contract on behalf of the council without disclosing to the council any financial or other interest he may have in the subject-matter of the contract or any personal relationship he may have with the parties to the contract; or(c)steals any money or property of the council;and is discharged in terms of section one hundred and thirty-nine, one hundred and forty or one hundred and forty-one on account of such conduct, such employee shall not afterwards be capable of being employed in any capacity whatsoever by that council or by any other local authority, unless the Minister, by notice in writing to the council or local authority concerned, permits such employment.

145. Delegation of powers to employees

(1)A council may delegate, subject to such conditions as it may impose, to an employee of the council such of the powers vested in it by or under this Act or any other law as it considers to be necessary or desirable and may in like manner amend or withdraw any such delegation:Provided that—(i)the council shall not delegate to an employee the powers conferred by any Act, other than this Act, or any statutory instrument made under such other Act upon the council, unless the proposed delegation has been approved by the appropriate Minister responsible for the administration of the Act concerned in its application to the council area and any conditions fixed by the Minister in granting his approval are compiled with;(ii)[Proviso repealed by section 29 of Act 1 of 2008](iii)the council or executive committee shall not delegate to an employee any power conferred by model building by-laws, which have been adopted by or on behalf of the council, to grant a relaxation or waiver referred to in subparagraph (2) of paragraph 47 of the Third Schedule, unless the by-laws concerned expressly provides that the power may be delegated to such employee or the Minister has consented to the delegation of the power to the employee;(iv)the power conferred by subsection (2) to review the exercise of any power by an employee shall not itself be delegated to an employee;(v)the amendment or withdrawal of any delegation shall not invalidate anything done in pursuance of a decision lawfully taken by the employee before the date of such amendment or withdrawal.
(2)Any person who feels aggrieved by a decision of an employee acting under powers delegated to him in terms of subsection (1) shall have the right to bring the matter in writing to the attention of the appropriate head of department in the first instance and, failing satisfaction, to the council through the town clerk for review.
(3)The delegation in terms of subsection (1) of any powers to an employee shall not preclude the council from itself exercising the powers so delegated and the council may amend or rescind any decision of an employee in the exercise of the powers so delegated to him.[section amended by section 29 of Act 1 of 2008]

146. Pension and other benefits on termination of service

Subject to such terms and conditions as the Local Government Board, in consultation with the Minister and the Minister responsible for finance may fix, a council may provide pecuniary benefits for its employees on their retirement, resignation, discharge or other termination of service or in the event of their sickness, injury or death, including the payment of the whole or part of any funeral and death-bed expenses, and for their dependants and for that purpose may effect policies of insurance, establish and maintain or contribute towards pension or provident funds or make such other provision as may be necessary to secure for such employees and their dependants any or all of the pecuniary benefits to which this subsection relate.

147. Medical aid and funeral expenses

Subject to such terms and conditions as the Local Government Board, in consultation with the Minister and the Minister responsible for finance, may fix, a council may—(a)contribute to any medical aid society, sick fund or similar institution in respect of—(i)any of its employees or former employees; or(ii)the spouses, surviving spouses or other dependants of any of its employees or former employees;(b)establish and maintain a sick fund for any persons such as are referred to in paragraph (a) or make such other provision as may be necessary to secure for such persons the benefits normally provided by a medical aid society;(c)pay the medical expenses or the expenses of the funeral of any employee of the council who suffers injury or dies as a result of an accident arising out of or in the course of his employment or as a result of illness contracted in consequence of his employment.

148. Guarantee of housing loan

(1)The Local Government Board, with the approval of the Minister, may determine the terms and conditions on which a council may guarantee the repayment of any loan made to an employee or the spouse of an employee or an employee and his spouse jointly—(a)by the Local Authorities Pension Fund maintained in terms of the Local Authorities Employees (Pension Schemes) Act [Chapter 29:09]; or(b)by a building society registered in terms of the Building Societies Act [Chapter 24:02]; or(c)from the provident fund of the council; or(d)by or from any other person or fund approved by the Minister;for the purpose of purchasing land and building a dwelling thereon or of building a dwelling on land owned by such employee or his spouse or the employee and his spouse jointly or of purchasing an existing dwelling.
(2)With the approval of the Minister, a council may purchase any property in respect of which it has given a guarantee referred to in subsection (1) where it considers that the circumstances are such that it is necessary to purchase that property in order to protect the interests of the council.

Part X – Immovable property

149. Interpretation in Part X

In this Part—land” means land with or without improvements.

150. Acquisition of land or interest in land

(1)Subject to this Act and any other law, a council may acquire land inside or outside the council area or any interest in such land for the purpose of carrying out any function of the council or exercising any power or performing any duty which is conferred or imposed on the council by law.
(2)An acquisition of land or an interest in land in terms of subsection (1) may be—(a)by way or purchase, donation, lease or other agreement with the owner thereof; or(b)in the case of land, by expropriation in accordance with section one hundred and fifty-one or of any other law:Provided that where a council is empowered by any other enactment to compulsorily acquire any land or interest in land for a particular purpose specified in that law, the council shall comply with that enactment in compulsorily acquiring land or an interest in land for that purpose.
(3)A council may not acquire the ownership of any land or the lease for a period of three years or more of any land which is not situated within the area of an approved town planning scheme unless the approval of the Minister has been obtained.

151. Expropriation of land

(1)A proposal to expropriate land shall be deemed not to have been passed by a council unless the proposal is passed by a majority of the total membership of the council at a meeting—(a)of which at least fourteen days’ notice has been given; or(b)at which the proposal is brought forward as a recommendation of a committee of the council.
(2)Where a council has passed in accordance with subsection (1) a proposal to expropriate land, it shall apply to the Minister for his approval of the proposal giving—(a)full particulars of the land proposed to be expropriated; and(b)the reasons for and the purpose of the proposed expropriation; and(c)such other information in connection with the proposed expropriation as the Minister may require.
(3)On receipt of an application in terms of subsection (2) the Minister may, subject to subsection (4)—(a)refuse to approve the proposed expropriation; or(b)approve the proposed expropriation and may grant such approval subject to such conditions as he may think fit.
(4)The Minister shall not approve any proposed expropriation unless he is satisfied, after consideration of a report by the council, that—(a)the council is unable to acquire such land upon reasonable terms by agreement with the owner; and(b)it is necessary or desirable that such land be acquired by the council for the purposes specified by the council; and(c)the owner of the land to be expropriated has been given an opportunity to make representations on the matter to the Minister, either in writing or verbally as he may wish:Provided that this paragraph shall not apply in relation to representations relating to the amount of compensation payable or, where relevant, the acquisition of the remainder of the piece of land concerned.
(5)The Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutandis, to the expropriation of land by a council.
(6)Not less than forty-five days before applying to the Minister in terms of subsection (2), the council shall notify the owner of the land concerned of his right to make representations, either personally or through an agent, to the Minister.
(7)In granting his approval for the expropriation of any land, the Minister may approve the expropriation of all or part of the land to which the application applies.
(8)Where a council has expropriated any land in terms of this section, the council shall not—(a)use the land for any purpose other than that for which it was expropriated; or(b)sell, exchange, lease, donate or otherwise dispose of the land; without the consent in writing of the Minister.

152. Alienation of council land and reservation of land for State purposes

(1)Subject to any rights which have been acquired by a miner of a registered mining location in terms of section 178 of the Mines and Minerals Act [Chapter 21:05], a council may, subject to section one hundred and fifty-three, sell, exchange, lease, donate or otherwise dispose of or permit the use of any land owned by the council after compliance has been made with this section.
(2)Before selling, exchanging, leasing, donating or otherwise disposing of or permitting the use of any land owned by it the council shall, by notice published in two issues of a newspaper and posted at the office of the council, give notice—(a)of its intention to do so, describing the land concerned and stating the object, terms and conditions of the proposed sale, exchange, lease, donation, disposition or grant of permission of use; and(b)that a copy of the proposal is open for inspection during office hours at the office of the council for a period of twenty-one days from the date of the last publication of the notice in a newspaper; and(c)that any person who objects to the proposal may lodge his objection with the town clerk within the period of twenty-one days referred to in paragraph (b).
(3)The council shall submit a copy of the notice referred to in subsection (2) to the Minister not later than the date of the first publication of that notice in a newspaper.
(4)A council may not, subject to section one hundred and fifty-three, sell, exchange, lease, donate or otherwise dispose of or permit the use of any land owned by the council which lies within an area for which—(a)there is no approved town planning scheme, unless—(i)a copy of the proposal and of the notice published in terms of subsection (2), together with any objections which have been lodged and the comments of the council on such objections, have been transmitted to the Minister; and(ii)the Minister has consented to the sale, exchange, lease, donation or other disposition or permission to use, as the case may be:Provided that the Minister shall not consent unless he is satisfied that an adequate area of land, suitable for the purpose, has, where necessary, been reserved for State purposes or for postal and telecommunication services;or(b)there is an approved town planning scheme, unless—(i)the period of twenty-one days referred to in subsection (2) has expired; and(ii)if any objections have been lodged they have been considered by the council.
(5)Notwithstanding subsection (2), modifications or amendments to the proposal advertised in terms of that subsection may be made if they are of a minor nature and are not opposed to the true spirit and intent of such proposal—(a)where the consent of the Minister is required in terms of paragraph (a) of subsection (4), by the Minister after consultation with the council; or(b)by the council;without re-advertising the proposal.
(6)Where, in granting his consent in terms of paragraph (a) of subsection (4) the Minister has imposed any terms or conditions, the council shall ensure that those terms and conditions are observed in any contract, lease or other instrument entered into in connection with the sale, exchange, lease, donation or other disposition of or permission to use the land, as the case may be.
(7)Any land reserved for State purposes, whether in terms of an approved town planning scheme or in terms of the approval of the Minister in terms of subparagraph (ii) of paragraph (a) of subsection (4), which is required for the purposes of a police station or school shall, upon the sale, exchange, lease, donation or other disposition of land in terms of this section and upon request of the Minister, at the cost of the council, be transferred to the President and the council shall not be entitled to any payment or compensation for any such land so transferred but shall be entitled to recover the costs incurred by the council in surveying such land:Provided that—(i)where the reservation is situated on township land granted to the council in trust for the inhabitants of the council area in terms of a deed which stipulates that a certain percentage of such township land shall be surrendered free of cost for State purposes, any land transferred to the President in terms of this subsection shall, if the balance of the percentage of land remaining is equal to or greater than the land transferred, be deducted from that percentage;(ii)the exhaustion of the percentage referred to in proviso (i) shall not prevent the operation of this subsection.
(8)If land which has been acquired by the State in terms of subsection (7) or any portion thereof—(a)is to be used for purposes other than for a police station or school, there shall be paid to the council from moneys appropriated for the purpose by Act of Parliament an amount equal to the value, calculated on the basis set out in subsection (1) of section two hundred and fifty, of the land or portion thereof, as the case may be, as at the date on which it was acquired by the State:Provided that, if the land was deducted from the percentage referred to in proviso (i) to subsection (7), no payment shall be made to the council;(b)is not to be used for State purposes, the land or portion thereof, as the case may be, shall be transferred free of charge to the council and any costs incurred in such transfer shall be paid from moneys appropriated for the purpose by Act of Parliament:Provided that, if the land was deducted from the percentage referred to in proviso (i) to subsection (7), the percentage shall be appropriately restored.

153. Exclusion of certain leases from section 152

(1)Subject to subsection (2), a council may lease or permit the use of any land owned by it for a period garage referred not exceeding twelve months without compliance with section one hundred and fifty-two.
(2)A municipal council may lease or permit the use of any particular shop or other premises in a parking to in section one hundred and ninety without compliance with section one hundred and fifty-two if it publishes a notice in two issues of a newspaper inviting applications for the lease or use of that shop or other premises within such period as the council may determine, being not less than twenty-one days from the date of the first publication of that notice in the newspaper.

154. Conditions of title to land transferred by municipal council

In the case of land granted to a municipality in trust for the inhabitants of the municipality, such area being known as municipal township land, which was granted subject to the conditions that—(a)the British South Africa Company or the Governor of Southern Rhodesia shall have the right to resume ownership of and to retake possession of the said land or any portion thereof on payment of such compensation as may be mutually agreed upon or, failing such agreement, as may be determined by arbitration; and(b)the right to all minerals in or the power to make grants of the right to prospect for minerals on that land was reserved, either to the British South Africa Company or the Governor of Southern Rhodesia;any such land which is or has been transferred, whether before or after the date of commencement of this Act, by the municipality or by any successor in title to the municipality shall be deemed to have been transferred and shall be held, notwithstanding anything to the contrary in any other law, subject to the conditions referred to in paragraphs (a) and (b) which were applicable to the municipal township land concerned, save that any reference to the British South Africa Company or the Government shall be construed as a reference to the President, and subject to any other conditions that may have been imposed by the municipality or any subsequent owner of the land.

155. Encroachments

(1)Notwithstanding anything to the contrary in this Part, where any land which is owned by a municipality or town or is under the control of a council is encroached upon, the council may take such steps as it considers necessary to remove or regularize the encroachment and, without derogation from the generality of the foregoing, the council may—(a)sell the land concerned to the person owning the land on which the building causing the encroachment is situated; or(b)grant a servitude over the land concerned; or(c)require the removal of the encroachment.
(2)Where agreement cannot be reached between the council and the person concerned as to the steps to be taken to remove or regularize the encroachment or the amount to be paid to the council in respect of the sale of or the granting of a servitude over the land concerned, either party may refer the matter to the Administrative Court, which may make such order as it thinks fit, including an order as to the payment of costs.

156. Vesting of land, roads and sanitary lanes

The property of and in all lands, roads and sanitary lanes or any part thereof within a council area to which the inhabitants of the municipality or town have or acquire a common right shall be vested in the municipality or town, and sections 56 and 57 of the Regional, Town and Country Planning Act [Chapter 29:12] shall apply, mutatis mutandis, in relation to any such road or sanitary lane.

Part XI – Construction of sidewalks

157. Interpretation in Part XI

In this Part—sidewalk” means the whole or any portion of a footway and includes the curbing and channelling thereto;works”, in relation to a sidewalk, means all or any one or more of the following works when executed for the first time—(a)the forming and grading of the sidewalk;(b)the foundations of the sidewalk;(c)the paving of the sidewalk with stone blocks, cement, asphalt seal coat or other suitable preparation as a wearing and water-proofing surface;(d)the curbing to the sidewalk;(e)the channelling to the sidewalk.

158. Execution of sidewalk works

Subject to section one hundred and sixty-one, a council may execute any sidewalk works, whether or not it has received a request for such works from owners of land that would be affected by the execution of the proposed works.

159. Charging of expenses of sidewalk works by council

(1)Subject to this Part, a council may charge an amount not exceeding one-half of any expenses incurred by it in executing any sidewalk works in terms of section one hundred and fifty-eight to the owners of land abutting on the portion of the proposed sidewalk upon which such works are to be executed.
(2)The council may include as part of the expenses incurred by it in executing any sidewalk works any indirect costs incurred by the council:Provided that if such indirect costs exceed ten per centum of the other expenses referred to in subsection (1), the council may not include such excess.
(3)Any portion of a road which abuts on to a sidewalk or proposed sidewalk shall not be regarded, for the purposes of this section, as land abutting on that sidewalk or proposed sidewalk.

160. Specifications and apportionment of sidewalk works

(1)In respect of any proposed sidewalk works in respect of which a council intends to charge part of its expenses in terms of section one hundred and fifty-nine the council shall prepare—(a)a specification of the works; and(b)an estimate of the probable expenses of the works; and(c)a provisional apportionment of the expenses estimated in terms of paragraph (b) among the owners who are liable to be charged therewith in terms of section one hundred and fifty-nine.
(2)In making a provisional apportionment in terms of paragraph (c) of subsection (1) between the owners of the land referred to in that paragraph the apportionment of the estimated expenses shall be made according to the area or to the frontage of the land abutting on the proposed sidewalk as provided in subsection (1) of section one hundred and fifty-nine:Provided that the council may vary the apportionment in terms of this subsection according to—(a)the degree of benefit to be derived by the owner of the land concerned by the execution of the sidewalk works; or(b)the amount or value of any sidewalk works executed by the owner or occupier or a previous owner or occupier of the land concerned.

161. Notice of proposed sidewalk works

(1)Where a council resolves to execute any sidewalk works in respect of which it intends to charge part of its expenses in terms of section one hundred and fifty-nine, it shall, unless all the owners who are liable in terms of that section to bear a portion of the expenses have agreed to such works and the apportionment of expenses, publish in two issues of a newspaper notice of its intention to execute such sidewalk works.
(2)A copy of a notice in terms of subsection (1), together with the provisional apportionment of the estimated expenses in terms of section one hundred and sixty, shall be served where possible on every owner of land who is liable in terms of section one hundred and fifty-nine to be charged with such expenses.
(3)The notice in terms of subsection (1) shall state that the specifications, estimate of probable expenses and provisional apportionment of probable expenses shall be open at the office of the council for inspection during office hours for a period of twenty-one days from the date of first publication of that notice.

162. Objections to proposed sidewalk works

(1)An owner referred to in subsection (2) of section one hundred and sixty-one may, not later than twenty-one days after the first publication of the notice in terms of subsection (1) of that section, by notice in writing served on the council, object to the proposals of the council on any one or more of the following grounds—(a)that work is included in the proposed works which is not necessary for or in connection with the making up of the sidewalk;(b)that the proposed works are not works in relation to a sidewalk;(c)that there has been some defect or error in or in respect of the notice, plans, specifications or estimates relating to the proposed works;(d)that the proposed works are insufficient or excessive in the circumstances;(e)that the estimated expenses are excessive;(f)that the owner of any land should be excluded from or included in the provisional apportionment in terms of section one hundred and sixty;(g)that the provisional apportionment in terms of section one hundred and sixty is incorrect in respect of—(i)the basis used for the apportionment or some other specified matter; or(ii)where the provisional apportionment takes into consideration factors other than area or frontage, the degree or benefit likely to be derived by the owner of any land or the amount or value of any work already done by the owner or occupier or a previous owner or occupier of the land.
(2)Where an objection in terms of subsection (1) has been lodged with the council and the council is unable to resolve the objection, the council shall notify the Minister who shall appoint a board in terms of section three hundred and twelve for the determination of all objections lodged in terms of subsection (1) which have not been resolved by the council.
(3)Where a board has been appointed as provided in subsection (2), the council shall, after the period for objections in terms of subsection (1) has expired, apply to the chairman of the board to appoint a time and place for hearing and determining all objections lodged in terms of subsection (1) which have not been resolved by the council and shall serve notice of the time and place so appointed on all owners of land affected by the provisional apportionment of expenses in terms of section one hundred and sixty.

163. Final apportionment of expenses of sidewalk works

(1)When any sidewalk works have been executed and the expenses thereof ascertained, the council shall make a final apportionment of those expenses by dividing the expenses in the same proportions in which the estimated expenses were divided in the original provisional apportionment in terms of subsection (1) of section one hundred and sixty or the provisional apportionment as determined by a board in terms of section one hundred and sixty-two, as the case may be, and such final apportionment shall, subject to section one hundred and sixty-four, be conclusive for all purposes.
(2)Notice of the final apportionment of expenses in terms of subsection (1) shall be served on the owners liable to pay such expenses.

164. Objection to final apportionment of expenses of sidewalk works

(1)Within thirty days after notice has been served in terms of subsection (2) of section one hundred and sixty-three, any owner charged with expenses under that apportionment may, by notice in writing to the council, object to the final apportionment on any of the following grounds—(a)that the actual expenses have, without sufficient reason, exceeded the estimated expenses by more than fifteen per centum of the estimated expenses;(b)that the final apportionment has not been made in accordance with section one hundred and sixty-three;(c)that there has been an unreasonable departure from the specifications of the works.
(2)Subsections (2) and (3) of section one hundred and sixty-two shall apply, mutatis mutandis, in relation to any objection lodged in terms of subsection (1).
(3)If the board appointed as provided in subsection (2) is satisfied that any objection in terms of subsection (1) has been substantiated it may amend the final apportionment as it thinks just.

165. Recovery of costs of sidewalk works

(1)The expenses apportioned in terms of section one hundred and sixty-three and one hundred and sixty-four shall be recoverable from the owners of the land concerned or their successors in title.
(2)The payment of any expenses referred to in subsection (1) may be made in one sum or in instalments over a period of twenty-five years or such lesser period as may be agreed between the council and the owner:Provided that where the total amount of the expenses payable by any one owner is such that the repayment period calculated in terms of this subsection would result in an amount of less than two hundred and fifty dollars per annum being paid in respect of expenses and interest calculated in terms of subsection (3), the council may determine that the period for repayment of such expenses and interest shall be such that a maximum amount of two hundred and fifty dollars shall be paid each year.
(3)Interest shall be payable on any expenses outstanding at such rate as may be fixed by the council, being a rate which is not more than one per centum per annum above the rate of interest charged at the date of the final apportionment by the State in respect of loans made to local authorities.
(4)Where the payment of expenses is over a period—(a)the first instalment shall be payable immediately after the final apportionment has been made;(b)if at any time during that period the owner wishes to make a payment in full settlement of the expenses, he may pay the full amount of the outstanding expenses for which he is liable, together with any interest charges which are due as at the date of such payment.

166. Hypothecation of land for costs of sidewalk works

(1)Where any final apportionment has been determined in terms of sections one hundred and sixty-three and one hundred and sixty-four and has not been paid, the council may send a notice in writing to the Registrar of Deeds specifying—(a)each piece of land the owner of which is liable to pay any expenses; and(b)the amount payable by the owner of the land.
(2)On receipt of a notice in terms of subsection (1) the Registrar of Deeds shall make an entry thereof in the appropriate registers in respect of the land concerned and such entry shall constitute an hypothecation of the land ranking from the date on which the entry was made and for the amount stated therein, together with interest thereon until such time as all sums due have been paid.
(3)The Registrar of Deeds shall not pass transfer of land hypothecated in terms of subsection (2) unless—(a)the transferee agrees in writing that any sums due and unpaid, together with interest thereon, shall remain and be registered as a charge against the land subsequent to the transfer; or(b)the council has released the portion of land which is to be transferred from the hypothecation; or(c)the council has furnished the Registrar of Deeds with a certificate stating that the hypothecation may be cancelled.

167. Owners of non-rateable property not liable

The owner of any land which in terms of this Act or any other law is not rateable or is exempt from rates shall not be liable to pay any expenses in connection with sidewalk works as the owner thereof, but the proportion of the expenses which would otherwise be payable by the owner of that land shall be borne and paid by the council.

Part XII – Sewerage and drainage

168. Powers of council in regard to sewerage and drainage

Subject to this Part, a council may, whether inside or outside the council area, take such measures and construct such works as it considers necessary for the collection, conveyance, treatment and disposal of sewage or stormwater:Provided that the council shall not discharge or permit the discharge of any sewage in contravention of Part X of the Water Act [Chapter 20:22].

169. Notice of work on public sewers or public drains

(1)Before a council undertakes the construction of any public sewer or public drain or work in connection therewith, not being maintenance, repair, renewal or the provision of a sewer connection, on property within the council area which is not owned by the municipality or town or under the control of the council, the council shall give to the owner or occupier of that property reasonable notice of the intended work.
(2)Before the council undertakes any work which would involve the discontinuance of the use, the closing up or the destruction of a public sewer the council shall cause to be served on every owner and occupier of property, the private sewers of which discharge, either directly or indirectly, into that public sewer or the portion thereof proposed to be discontinued, closed up or destroyed, as the case may be, a notice describing the nature of the proposed work and stating that objections thereto may be lodged with the town clerk in writing before a specified date, being not less than thirty days after the date of the service of that notice.

170. Notice of construction of sewage works outside council area

(1)Before a council(a)constructs any sewage works outside the council area or any other area under the administration and control of the council; or(b)constructs, alters, enlarges, diverts, discontinues the use of, closes up or destroys a public sewer outside the council area or any other area under the administration and control of the council;the council shall cause a notice in terms of subsection (2) to be published in two issues of a newspaper.
(2)A notice in terms of subsection (1) shall—(a)give such of the following information as is applicable to the proposed work—(i)the nature, course and place or termini of the proposed work; and(ii)the properties across, through or on which the proposed work is to be done; and(b)state that—(i)a plan of the proposed work is lying for inspection at the office of the council and will be open to inspection during office hours for a period of twenty-one days from the date of the last publication of the notice; and(ii)objections to the proposed work may be lodged with the town clerk in writing before a specified date, being not less than thirty days after the date of the last publication of the notice.
(3)A copy of the notice referred to in subsection (2) shall be served—(a)on every owner or occupier of property which is referred to in subparagraph (ii) of paragraph (a) of subsection (2); and(b)if the proposed work involves the discontinuance of the use, the closing up or the destruction of a public sewer, on every owner or occupier of property the private sewers of which discharge, either directly or indirectly, into that public sewer or the portion thereof proposed to be discontinued, closed up or destroyed, as the case may be; and(c)on any local authority having jurisdiction in the area where the proposed work is to be done; and(d)if any road will be affected by the proposed work, on the road authority concerned.

171. Objection to proposed sewage works

If any objection is lodged in terms of subsection (2) of section one hundred and sixty-nine or section one hundred and seventy and the council is unable to resolve the objection the council shall notify the Minister who shall appoint a board in terms of section three hundred and twelve for the purpose of determining the objections so lodged and the council shall carry out the proposed work in accordance with any decision of that board.

172. Owners entitled to connect to public sewer

Subject to section one hundred and seventy-five, an owner of premises within the council area shall be entitled to have the private sewer of such premises connected directly or indirectly to a public sewer if the public sewer(a)has been constructed to a point which, in the opinion of the council, is as near to the premises as is in the circumstances reasonably practicable and expedient; and(b)is, in the opinion of the council, of such design and capacity as to permit of the connection thereto of that private sewer.

173. Council may require connection to public sewer, provision of septic or conserving tank and treatment of trade effluent

(1)In this section—“septic tank” means a covered tank, complete with effluent overflow, intended to receive sewage and designed to retain such sewage for such a time and in such a manner as to secure adequate decomposition of organic solids by bacterial action.
(2)A council may, by notice in writing, require the owner of any premises within the council area which—(a)do not have a private sewer sufficient for the effectual conveyance of sewage therefrom to a public sewer, to construct a private sewer for that purpose to the limits of his property; or(b)do not have adequate sanitary fittings, to provide adequate sanitary fittings which discharge into the private sewer or combined private sewer serving those premises; or(c)are connected, directly or indirectly, to a public sewer, to cause any sanitary fitting to discharge its foul or waste water into the private sewer or combined private sewer serving those premises; or(d)are not connected with a public sewer, to construct a private sewer to the limits of his property which can be connected to a public sewer;and the owner of the premises shall comply therewith within such reasonable time, being not less than thirty days, as is specified in the notice for the compliance therewith.
(3)In the case of premises within a council area where paragraph (a) or (b) of section one hundred and seventy-two do not apply, the council may, by notice in writing, require the owner of the premises—(a)to provide a septic or conserving tank therefor and sanitary fittings which shall discharge into that tank; or(b)if the premises are connected to a septic or conserving tank, to cause any sanitary fitting to discharge its foul or waste into that tank;and the owner of the premises shall comply therewith within such reasonable time, being not less than thirty days, as is specified in the notice for the compliance therewith.
(4)A council may, by notice in writing, require the owner or occupier of any premises from which trade effluent is discharged to subject that effluent to such treatment as the council may determine and to discharge it into a public sewer, and the owner or occupier of the premises shall comply therewith within such reasonable time, being not less than thirty days, as is specified in the notice for the compliance therewith.
(5)If an owner or occupier of premises fails to comply with the terms of a notice given to him under subsection (2), (3) or (4) within the time specified therein or within such extension of time as the council may allow, the council may do or complete the work on behalf of the owner or occupier and the owner or occupier shall be liable to pay the expenses incurred by the council(a)in doing or completing the work; and(b)in the case of a failure to comply with the terms of a notice given under subsection (4), in removing the trade effluent concerned from a public sewer and repairing and making good any damage done by that effluent to that sewer.

174. Construction, connection and extension of private sewers

No person other than a council shall—(a)construct a combined private sewer; or(b)construct any portion of a private sewer extending beyond the boundary of the property in respect of which it is required; or(c)make a connection from a private sewer to a public sewer or combined private sewer;unless authorized by the council and in compliance with any requirements specified by the council.

175. Combined private sewers

Where, in the opinion of a council, it is desirable to do so in the interests of economy or efficiency, the council may—(a)construct a combined private sewer for the purpose of connecting two or more private sewers thereto, and the cost of such construction shall be borne by the owners of the premises connected thereto in such proportions as may be fixed by the council; or(b)connect a private sewer to an existing private sewer or combined private sewer, and the owner of the premises so connected shall be liable to pay such proportion of the cost of the construction of the existing private sewer or combined private sewer as may be fixed by the council to such person or persons as may be determined by the council.

176. Responsibility for septic or conserving tank, private sewer or combined private sewer

(1)A council shall not be responsible for—(a)any expenses incurred in connection with the construction of any septic or conserving tank, private sewer or combined private sewer or the connection of such sewer to a public sewer; or(b)the maintenance of any septic or conserving tank or private sewer; or(c)the maintenance of any combined private sewer.
(2)The expenses incurred in the construction, connection or maintenance of a combined private sewer shall be shared amongst the owners of the premises served thereby in such proportions as may be determined by the council.

177. Council may render services

A council may, by agreement with the owner or occupier of any premises—(a)undertake to render any services in connection with the sanitation of the premises concerned; or(b)undertake any maintenance referred to in section one hundred and seventy-six.

178. Council may finance water-borne sanitation and sanitary fittings

A council may, at the request of the owner of any premises, assist him in providing water-borne sanitation and sanitary fittings for the premises—(a)by having the employees of the council execute the necessary work at the expense of that owner; or(b)by paying a contractor engaged by that owner, after completion of the work to the satisfaction of the council and recover the costs thereof from the owner; or(c)by lending to that owner the amount of any expenses incurred or to be incurred in providing his premises with water-borne sanitation and sanitary fittings.

179. Recovery of costs by instalments

(1)A council may agree to accept—(a)payment of any expenses incurred by it in terms of section one hundred and seventy-three, one hundred and seventy-five or one hundred and seventy-eight on behalf of the owner or occupier of any premises; or(b)repayment of any loan made in terms of paragraph (c) of section one hundred and seventy-eight;by such instalments over such period and under such conditions as may appear to the council to be reasonable, together with interest on the amounts outstanding from time to time at such rate as may be fixed by the council, being a rate which is not more than one per centum per annum above the rate of interest charged at the time the council incurred the expenses or made the advance, as the case may be, by the State in respect of loans made to local authorities:Provided that, if at any time during that period the owner or occupier wishes to make a payment in full settlement of the expenses or full repayment of the loan, he may pay the full amount of the outstanding expenses or balance of the loan for which he is liable, together with any interest charges which are due as at the date of such payment.
(2)The council shall keep at its offices a register of all expenses incurred by it in connection with any work for which any person is liable in terms of this Part and shall show in that register in respect of each such person—(a)the total amount of expenses incurred; and(b)the instalments in which the amount is payable; and(c)the land or premises in respect of which the expenses have been incurred; and(d)the balance for the time being outstanding.
(3)The register kept in terms of subsection (2) shall be open to inspection during office hours by any person on whose behalf expenses referred to in subsection (1) have been incurred or to whom a loan referred to in subsection (1) has been made.
(4)The register kept in terms of subsection (2) or any extract therefrom purporting to be certified by the town clerk, treasurer or other person authorized by the council shall, in all proceedings for the recovery of such expenses or loan or interest thereon or any instalment thereof, be prima facie evidence of the matters contained therein.
(5)If an owner referred to in subsection (1) fails to provide the council with security to its satisfaction for the repayment of any expenses or loan referred to in subsection (1), the council may cause a notice in writing to be lodged with the Registrar of Deeds specifying the amount of the expenses or loan, as the case may be, and subsections (2) and (3) of section one hundred and sixty-six shall thereafter apply, mutatis mutandis.
(6)For the purposes of this section, expenses referred to in paragraph (a) of subsection (1) include indirect costs in connection with the work concerned to the extent that the indirect costs do not exceed ten per centum of the total costs of the work.

180. Protection of public sewers and public drains

(1)No person shall, except with the consent of the council and subject to such conditions as it may impose—(a)construct any building or other structure over a public sewer or public drain or in such a position or in such a manner as to be likely to interfere with or endanger a public sewer or public drain; or(b)excavate, open or remove the ground above, next to, under or near a public sewer or public drain; or(c)discharge or put into or permit to enter a public sewer or public drain any solid, liquid or gaseous substance which the council, by notice in writing to the person concerned, has prohibited from being discharged into that sewer or drain on the grounds that it is likely to injure or damage that sewer or drain, interfere with the free flow or sewage or storm-water or cause a nuisance or involve danger to the health of persons entering that sewer or drain or employed at the sewage works or to endanger, destroy or be injurious to the structure of any public sewer, public drain, sewage works or land or to the processes used therein or thereon; or(d)discharge or put into or permit to enter a public sewer any storm-water; or(e)discharge or put into or permit to enter a public drain any sewage; or(f)make any opening into a public sewer or public drain; or(g)take any action which might injure, endanger or destroy a public sewer or public drain.
(2)The council may—(a)demolish, alter or otherwise deal with any building or other structure constructed in contravention of subsection (1);(b)fill in or make good any ground excavated or removed in contravention of subsection (1);(c)repair and make good any damage done in contravention of, or occasioned as a result of a contravention of subsection (1);(d)remove anything discharged or put into a public sewer or public drain in contravention of subsection (1) or which is injuring or endangering or likely to injure or endanger or destroy the public sewer or public drain;and recover the expenses incurred by the council from the person guilty of such contravention.
(3)Where any person discharges or puts into or permits to enter a public sewer or public drain any solid, liquid or gaseous substance which is prohibited in by-laws, the council may take steps to stop the entry of the substance into the sewer or drain and may recover the reasonable expenses incurred by it in stopping such entry and in—(a)removing; and(b)repairing and making good any damage done by;anything so discharged or put into or permitted to enter a public sewer or public drain.

181. Control of public streams

(1)Notwithstanding anything contained in the Environmental Management Act [Chapter 20:27] or the Water Act [Chapter 20:22] but subject to the requirements of any water rights granted by the Administrative Court in terms of the latter Act, a council shall have power and authority within the council area or any other area under the administration and control of the council to canalize, control, define, deepen, broaden or narrow the course of any public stream which lies wholly or partly within the council area or such other area.[subsection amended by section 142 of Act 13 of 2002]
(2)For the purpose of exercising any power or authority conferred by subsection (1) or for the control of storm-water, the council may—(a)alter, close, divert or drain any public stream;(b)subject to section 357 of the Mines and Minerals Act [Chapter 21:05], build, construct and maintain any aqueduct, artificial water course, wall or other works which in its opinion is necessary.

182. Saving of rights under contract or servitude

Nothing in this Part shall derogate from the rights of a municipality or town under any contract or servitude.

Part XIII – Water

183. Powers of council in relation to water supply

(1)A council may provide and maintain a supply of water within or outside the council area and for that purpose the council may—(a)in accordance with the Water Act [Chapter 20:22] take such measures and construct such works, whether inside or outside the council area, as it considers necessary for the purpose of providing and maintaining a supply of water;(b)enter into agreements for the purchase and sale of water and for any other thing necessary in connection with the maintenance and supply of water.
(2)It shall be lawful for a council to add fluoride to water intended to be supplied for consumption by the public.
(3)Where a council requires any servitude over land for the purposes of the supply of water and the owner of the land will not grant such a servitude, Part IX of the Water Act [Chapter 20:22] shall apply, mutatis mutandis, as if the council required the servitude in connection with a water right granted by the Administrative Court in terms of that Act.

184. Council may require connection to water supply system

(1)A council may, by notice in writing, require the owner of any premises within the council area which are not connected with the council’s water supply system to connect his premises to the limits of his property to that system for the purpose of taking a supply of water for drinking, domestic and sanitary purposes, and the owner of the premises shall comply therewith within such reasonable time, being not less than thirty days, as is specified in the notice for the compliance therewith.
(2)If an owner of premises fails to comply with the terms of a notice given under subsection (1) within the time specified therein or within such extension of time as the council may allow, the council may connect the premises to the water supply system on behalf of the owner and the owner shall be liable to pay the expenses incurred by the council in making such connection.

185. Removal of obstructions in public stream

A council may remove any obstruction, other than