LOCAL GOVERNMENT : SUBSIDIARY LEGISLATION : LOCAL GOVERNMENT (ESTABLISHMENT OF MOSHUPA DISTRICT COUNCIL) ORDER
(section 5 read with section 3)
(1st April, 2023)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Constitution and establishment of Moshupa District Council
3. Persons not disqualified for membership of Council
4. Filling of vacancy
5. Functions of Council
6. Savings
S.I. 191, 2022,
S.I. 43, 2023,
S.I. 112, 2024.
This Order may be cited as the Local Government (Establishment of Moshupa District Council) Order.
2. Constitution and establishment of Moshupa District Council
(1) There shall be a district council, to be known as the Moshupa District Council (hereinafter referred to as “the Council”), in respect of the area defined in Schedule 1.
(2) The Council shall consist of—
(a) 15 elected members;
(b) two nominated members; and
(c) ex-officio members being—
(i) an administrative officer who has special responsibilities relating to the development of the area,
(ii) every land board chairperson within the Administrative District,
(iii) every member of the Ntlo ya Dikgosi designated or selected under subsection (1) or (2) of section 78 of the Constitution, and
(iv) a Kgosi who resides within the headquarters of the Council.
(3) An elected member of the Council shall be elected at each polling district within the Council area in the manner provided by the Electoral Act (Cap. 02:09).
(4) A nominated member of the Council shall be appointed by the Minister in writing.
(5) For the purposes of this Order “polling district” means a polling district established under the Electoral Act.
3. Persons not disqualified for membership of Council
A person shall not be disqualified from being a member of the Council because he has applied for and has been granted a passport issued by or under the authority of the Government of any of the countries specified in Schedule 2.
Where a seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act, the vacancy shall be filled in accordance with the provisions of paragraph 2.
The Council shall perform the functions set out in Schedule 1 to the Act, and any function delegated by the Minister.
Notwithstanding section 5 of the Act, the Southern District Council bye-laws shall apply to Moshupa District Council until such a time as the Moshupa District Council may make its own bye-laws.
(para 2(1))
The area of the Moshupa District Council shall be the area defined as the Moshupa District under the Administrative Districts Act (Cap. 03:02).
(para 3)
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