LOCAL GOVERNMENT ACT

to provide for an integrated local government system; give effect to the decentralisation of functions, responsibilities and services at all levels of local government; ensure democratic participation in, and control of, decision making by the people at the local level; revise the functions of local authorities; provide for the review of tariffs, charges and fees within the area of a local authority; provide for the proceedings of the council and committees; provide for the role of traditional leadership in democratic governance; repeal and replace the Local Government Act, 1991; and provide for matters connected with, or incidental to, the foregoing.

[11th April, 2019]

Act 2 of 2019,

Act 28 of 2023.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Local Government Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"area" in relation to a council, means the district for which a council has been established under this Act;

"authorised officer" means a principal officer, a health inspector, police officer or any other officer for the time being discharging the functions of the chief executive officer of a local authority;

"bank account" has the meaning assigned to the word in the Public Finance Management Act, 2018;

"building" includes any structure, whether of a permanent or temporary nature, and a part of a building or structure;

"business" has the meaning assigned to the word in the Registration of Business Names Act, 2011;

"chief" has the meaning assigned to the word in the Constitution;

"city" means a city proclaimed under section 4;

"city council" means a city council established under this Act;

"committee" means a committee of a council;

"council" has the meaning assigned to the word in the Constitution;

"councillor" has the meaning assigned to the word in the Constitution;

"court" means a court of competent jurisdiction;

"district" has the meaning assigned to the word in the Constitution;

"Emoluments Commission" has the meaning assigned to the word in the Constitution;

"employee" in relation to a council, means a person employed by a local authority, other than an officer;

"establish" in relation to the functions of a council, includes acquire, build, construct, name, hire, equip and furnish;

"Equalisation Fund" means the Local Government Equalisation Fund established under the Constitution;

"extension officer" means a public officer operating within a ward;

"general election" has the meaning assigned to the word in the Constitution;

"land" has the meaning assigned to the word in the Lands Act;

"levy" means a levy imposed under this Act;

"licence" has the meaning assigned to the word in the Business Regulatory Act, 2014;

"licensing" has the meaning assigned to the word in the Business Regulatory Act, 2014;

"local authority" has the meaning assigned to the word in the Constitution;

"municipal council" means a municipal council established under this Act;

"municipality" means a district for which a municipal council is established under this Act;

"officer" in relation to a council, means a person employed in the permanent establishment of a council or on probation;

"permit" has the meaning assigned to the word in the Business Regulatory Act, 2014;

"premises" includes passages, buildings, land and segment in every tenure;

"principal officer" means the chief executive officer of a council, including any person for the time being discharging the function of the chief executive officer;

"property" has the meaning assigned to the word in the Constitution;

"public office" has the meaning assigned to the word in the Constitution;

"public officer" has the meaning assigned to the word in the Constitution;

"public street" means—

(a) a street entered in a register of streets and roads compiled and maintained by a council; and

(b) a street which is taken over by a council and designated as a public street;

"repealed Act" means the Local Government Act, 1991;

"street" includes any bridge, road, avenue, lane, sanitary lane, footway or causeway and any pavement or footwalk forming part thereof;

"the public" in relation to meetings of a council or committee, includes representatives of the press;

"town council" means a town council established under this Act;

"transfer and vesting order" means a statutory order made under section 5;

"Ward" has the meaning assigned to the word in the Constitution;

"Ward Development Committee" means a Ward Development Committee established under section 36;

"Ward Development Executive Committee" means a Ward Development Executive Committee established under section 38;

"water-course" includes a canal and a canoe channel;

"water main" includes conduits, pipelines, valves, valve chambers, meters, meter houses, break pressure tanks, scour chambers, scour pipes, culverts, cuts, bridges, tunnels and all other things necessary in connection with any water main;

"waterworks" includes streams, springs, weirs, boreholes, dams, pumping stations, reservoirs, tanks, sluices, machinery, buildings, lands and all other works and things necessary for taking, impounding, discharging, storing, treating and filtering water; and

"zone" has the meaning assigned to the words "polling district" under the Electoral Process Act, 2016.

PART II
ESTABLISHMENT AND CONSTITUTION OF COUNCILS

3. Establishment of councils

(1) The Minister may, by statutory order, establish for any district, a city council, municipal council or town council and the name of the council shall include the name of the district.

(2) Subject to sub-section (1), the Minister shall, on the recommendation of the appropriate city council, municipal council or town council, establish a management board.

(3) The Minister, may by statutory order, confer on a town council established under sub-section (1), the status of a municipal council and shall determine the name of that municipal council.

(4) On and after the date on which a statutory order under this section has effect, a reference in any written law, contract or other instrument or document to the name of the town council to which the order relates shall be construed as a reference to the name of the municipal council as determined by the order.

4. Cities

(1) The President, may by proclamation confer on a municipal council established under section 3 the status of a city and city council and shall determine the name by which that city and city council shall be known.

(2) On and after the date on which a proclamation under this section comes into operation, a reference in any written law, contract or other instrument or document to the name of the municipality or municipal council to which the proclamation relates shall be construed as a reference to the name of the city or city council, as determined by the proclamation.

5. Changes affecting districts

(1) The Minister may, by statutory order, in this Act referred to as a transfer and vesting order, make provisions set out in the Second Schedule for changes that are necessary or appropriate as regards the constitution, property, rights, obligation and staff of, and any other matter relating to, any council affected by a change in its area, any new council or any council established for a district which ceases to exist, where as a consequence of a statutory order made by the President under the Provincial and District Boundaries Act—

(a) a new district is established;

(b) the area of a district is altered; or

(2) Where a district ceases to exist, a transfer and vesting order made in respect of the council established for that district shall include provision for the disestablishment of the council.

(3) Where the name of a district is changed, the name of the council established for that district shall be changed to conform to that of the district.

6. Incorporation of local authority

A local authority is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power, subject to the provisions of this Act and of any other written law, to do all other acts and things that a body corporate may do by law and as are necessary for, or incidental to, the carrying out of its functions and powers set out in this Act.

7. Corporate name of council

(1) Subject to section 3(1) and (2), the corporate name of a council is the name assigned to that council in the statutory order establishing the council.

(2) Subject to sub-section (1), the Minister may, by statutory order, and after consultation with a council, alter the corporate name of that council.

8. Seal

(1) The seal of the council is a device that may be determined by the council and kept by the principal officer.

(2) Subject to section 14, the affixing of the seal shall be authenticated by the mayor or deputy mayor or council chairperson or deputy council chairperson and the principal officer or any other person authorised in that behalf by a resolution of the council.

(3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under the seal, may be entered into or executed without seal on behalf of the council by the principal officer or any other person generally or specifically authorised in that behalf by the council.

(4) A document purporting to be under the seal of the council or issued on behalf of the council shall be received in evidence and shall be considered to be so executed, as the case may be, without further proof, unless the contrary is proved.

9. Functions of mayor or council chairperson

(1) A mayor or council chairperson is head of a council.

(2) The functions of a mayor or council chairperson are to—

(a) oversee the implementation of the council decisions or resolutions;

(b) preside over council meetings;

(d) promote public engagement and participation in local governance.

10. Election of deputy mayor or deputy council chairperson and vacancy

(1) A deputy mayor or deputy council chairperson shall be elected—

(a) when a council first sits after—

(i) a general election; or

(ii) the council is established; and

(b) subject to this Act, at the first ordinary meeting of the council held immediately after—

(i) the expiry of the term of two and a half years from the date of the last general election; or

(ii) a vacancy occurs in the office of the deputy mayor or deputy council chairperson.

(2) The office of deputy mayor or deputy council chairperson becomes vacant if the—

(a) deputy mayor or deputy council chairperson resigns by giving notice in writing to the mayor or council chairperson;

(b) deputy mayor or deputy council chairperson ceases to be a councillor as provided in the Constitution; or

(c) ward, in respect of which the deputy mayor or deputy council chairperson is councillor, becomes part of another council.

(3) A deputy mayor or deputy council chairperson who resigns from office is not eligible for re-election as deputy mayor or deputy council chairperson for the remainder of the term of that council.

(4) Where a vacancy occurs in the office of deputy mayor or deputy council chairperson, an election shall be held in accordance with sub-section (1)(b)(ii).

11. Tenure of office of deputy mayor or deputy council chairperson

(1) Subject to the other provisions of this section, a deputy mayor or deputy council chairperson shall hold office for a term of two and a half years and may be re-elected for one further term of two and a half years.

(2) A deputy mayor or deputy council chairperson elected in accordance with section 10(4) shall serve for the unexpired term of that office and is deemed—

(a) to have served a full term as deputy mayor or deputy council chairperson if, at the date on which the deputy mayor or deputy council chairperson assumed office, at least one and a half years remain before the date of the next elections for deputy mayors and deputy council chairpersons; or

(b) not to have served a full term as deputy mayor or deputy council chairperson if, at the date on which the deputy mayor or deputy council chairperson assumed office, less than one and a half years remain before the date of the next elections for deputy mayors and deputy council chairpersons.

(3) A deputy mayor or deputy chairperson elected in accordance with section 10(1)(a)(ii) is deemed—

12. Oaths

A councillor shall, before assuming office take and subscribe an oath before a Magistrate on the form set out in the Official Oaths Act.

13. Discharge of functions of mayor or council chairperson during vacancy or absence

The functions of the office of the mayor or council chairperson of a council shall, whenever the office of the mayor or council chairperson of a council is vacant or the mayor or council chairperson is absent or is for any other cause prevented from, or incapable of, carrying out the functions of office, be carried out—

(a) by the deputy mayor or deputy council chairperson of the council; or

(b) in the absence of the deputy mayor or deputy council chairperson, by a councillor elected by the council.

14. Validity of discharge of functions

The validity of any functions carried out by a person purporting to hold or discharge the functions of the office of mayor, deputy mayor, council chairperson or deputy council chairperson of a council shall not be affected by any defect in appointment by reason that the person was not qualified to do so.

15. Meetings and proceedings of council

The Third Schedule applies to meetings and proceedings of a council.

PART III
FUNCTIONS

16. Functions of local authority

(1) A local authority shall discharge functions conferred on it by this Act within the area of that local authority, and may, with the approval of the Minister discharge that function outside the area of that local authority.

(2) Without prejudice to the Constitution, the functions of a local authority within an area are as set out in the First Schedule.

17. General provision with respect to discharge of functions

(1) Whenever by this Act a power is conferred on a local authority to establish and maintain an undertaking, service or facility, the local authority may—

(a) control the undertaking, service or facility and regulate its use by the public or any class of the public;

(b) join with the Government, another local authority or, with the approval of the Minister, any other person or authority in establishing and maintaining the undertaking, service or facility; or

(2) A local authority shall discharge a function conferred on it by this Act, subject to any other written law relating to the discharge of that function by the local authority.

18. Power of Minister to confer additional functions on local authority

Subject to the Constitution, the Minister may, by statutory order, confer on a local authority power not otherwise conferred on the local authority by this Act or any other written law, which the Minister considers necessary in the interests or for the well being of the inhabitants in, or for the good rule and governance of, the area of that local authority.

19. Contracts

(1) A local authority may enter into contracts necessary for the discharge of any of the local authority’s functions.

(2) A contract made by a local authority shall be made in accordance with the standing orders of the local authority, this Act or any other written law and, in the case of contracts for the execution of works or the supply of goods or materials, the standing orders shall—

(a) require that, except as otherwise provided by or under the standing orders, a notice of the intention of the local authority to enter into the contract shall be published and tenders invited; and

(b) regulate the manner in which that notice shall be published and tenders invited.

(3) A person who enters into a contract with a local authority is not bound to inquire whether the standing orders of the local authority which apply to the contract have been complied with, and the contract entered into by a local authority, if otherwise valid, has effect despite the standing orders applicable to that contract not having been complied with.

20. Standing orders

(1) Subject to the provisions of this Act, a local authority may, with the approval of the Minister, make standing orders for regulating the—

(a) proceedings and business for preserving order, at meetings of the council, a committee or a sub-committee; and

(b) entering into contracts by the local authority.

(2) A contract entered into by a local authority shall be in conformity with the Public Procurement Act, 2008, and any other written law.

(3) The standing orders under this section may provide for the exclusion of a councillor or member of a committee or sub-committee from a meeting of the council, committee or sub-committee—

(a) if it is necessary for preserving order at the meeting; or

(b) whilst any contract, proposed contract or other matter in which the councillor or member has a direct or indirect pecuniary interest is under consideration.

21. Acquisition of land

(1) A local authority may acquire land by agreement whether by way of purchase, lease, exchange or gift.

(2) Where the acquisition by a local authority of land under the powers conferred under sub-section (1) is being hindered by reason of the inability of the parties to agree on the terms of the acquisition or any other cause, the President may, on an application by the local authority and on being satisfied that the land is land to which the Lands Acquisition Act applies and that its acquisition by the local authority is necessary or expedient acquire land—

(a) in the interest of public safety, public order, public morality, public health or urban and regional planning; or

(b) in order to secure the development or utilisation of that or other land for a purpose beneficial to the inhabitants of the area of the local authority.

(3) All expenses and compensation incurred as a result of the acquisition shall be paid by the local authority into the Consolidated Fund and, on payment being made, the estate of any land so acquired by the President shall be transferred to the local authority.

22. Acceptance of gifts of property

(1) Subject to the Anti-Corruption Act, 2012, a local authority may accept, hold and administer any gift of property for any local public purpose, or for the benefit of the inhabitants of the area or any part of the area of the local authority, and may execute any works, including works of maintenance or improvement, incidental to the exercise of the powers conferred by this section.

(2) Where the purposes of the gift are purposes for which the local authority is empowered to expend money raised from a rate, the local authority may, subject to any condition or restriction attaching to the exercise of that power defray expenditure incurred in the exercise of the powers conferred by sub-section (1) out of monies so raised.

23. Disposal of property

(1) Subject to sub-section (3), a local authority may sell, let or otherwise dispose of any property belonging to the local authority.

(2) Where the local authority intends to sell property belonging to the local authority, the local authority shall, before the sale, cause a valuation of the land or building to be carried out by the Department responsible for valuation or by a Valuation Surveyor approved by the Minister.

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