Local Government (Amendment) Act 2004 (No. 5 of 2004)

2. Th e Local Government Ac t 1997 (hereinafter referred to as " the prin- cipal la w" ) is amended - (a) by deleting the words " he" , "hi," and " him" where vert hey app ear and substituting the word s "h e o r she", "hi s or her" and "him or her" : (b) by de leting the word s " Rural Cou ncil" whe rever they app ear and substitu ting the wo rds " Distr ict counci l": (c) by deleting the word "Chairman" wherever it app ea rs and sub- stituting the word "C hairperso n" . Interpretation

3. Th e Prin cipal law is amended in sectio n 2 by - (a) inserting the followin g definition s in their alphabet ica l orde r: "Administ rat ive Boundaries Commission" means the boundaries commi ssion es tablis hed under sec tion 82: "Council" means a Community Co uncil, a District Cou ncil, an Urba n Co uncil or a Municipal Co unci l co nstituted for a ny area in acco rdance with, or fo r the purp ose of, this Act: "Director of Elections" mean s a person ap point ed as such under sec tion 9 D of the National Assembl y Elec tion Act 1992 2: • "Planning Officer" mean s a publi c o fficer appo inted as such by the Publi c Ser vice Commi ssion or the Local Governme nt Se rvice Commi ssion, as the case may be:" . (b) del etin g the definition of "e lectio ns office r"." Com position of Counci ls

4. Th e principal law is amended by deleting section 4 and substituting the followin g: "4( I) In accorda nce with the prov isio ns of this Act there shall be co n- stituted the following Council s: (a) a Community Council which shall con sist of not less than 9 elected members but not exceeding 15 elected members and not exceedi ng 2 gazetted chiefs who sha ll be nom inated by other Chiefs within a Com mun ity Co uncil area: (b) an Urban Council which shall con sist of not less than 9 elect- ed members but not exc eeding 13 elected members and not e x- ceed ing 2 gazetted chiefs who shall be nominated by other Chiefs wit hin an Urba n Co uncil area: (c ) a Municipal Counc il which sha ll consist of not less than 8 e lected members but not e xceeding 15 e lec ted members and not ex ceeding 3 gazetted chiefs who shall be nominated by other Chiefs within a Muni cipal Council area: (d) a District Cou ncil which sha ll con sist of such number of mem - ber s as the Minister may. by notice publi shed in the Ga zette . determine. repre senting Community Coun cils . prov ided such members shall include at least- (i) the C ha irperson of eac h Co mmunity Co unci l; (ii) a mem ber of each Com mu nity Council ele cted by the Councillors from am ong st them selv es: and (iii) 2 gazetted ch iefs. repre senting all Community Council s in the Distri ct. (2) For the avoida nce of dou bt. the 2 gazetted chiefs referred to in s ub-sec tio n ( I )(d)(iii ) shall not be from each Community Council . but sha ll be repr esent ative of all the Community Coun cil s within the Dis- trict Council. (3) Notwi thstandi ng anything in this Act. not less than o ne third of the seats in a cou ncil shall be rese rved for women , (4) Th e total number o f member s of a Council. including ga zetted chiefs. shall be an odd number..'. F u nc tions of Loca l Autho r ities

5. Th e princ ipal law is am ended in section 5 by deleting subsec tion (2) and substituting the following: "(2) A Communi ty Council shall perform the function s specified in the Second Schedule." Electoral Divisions

6. The princ ipal law is ame nded by dele ting section 6. Comm encement of term of office of Council and date of constitution of such Council

7. The principal law is amended by deletin g section 9 and substituting the followi ng: "9"( I) The term of office of each Council shall commence on such date as the Minister may appoi nt by Notice pub lished in the Gazelle. (2) The commence ment -date refe rred to in subsection (I) shall not be later than 28 days from the date of declaration of the elec tion resu lts:' Term of office of Councillors

8. The prin cipal law is amended by deleting sec tion 10 and substitut ing the follow ing: " 10. ( I) The term of office of eac h Co uncillor elected at a Loca l Governme nt elect ion shall be for a period not exceeding five years from the date of elec tions. (2) Notw ithstanding subsect ion ( I), in the case of a by-elect- ion. the mem ber elected sha ll serve for the period remaining up to the next Local Governm en t elect ion ." Refusal or vacation or resignation of office

9. The prin cipal law is amended in sect ion II by deleting the words "elections officer" in subsec tion ( I)(a) and substituting the words "Director of Elect ions" . Filling of casual vacancies

10. The principal law is ame nded in sect ion 12 by deleting the words "E lec tions Officer" in the fourth line and substituting the words " Director of Elections". First meeting and election of Mayor, Deputy Mayor, Chairperson a nd Vice-Chairperson II . The principal law is amen ded in section 13 by de leting subsect ion (6) and substituting the followi ng: "(6) Whenever the office of Mayor, Deputy Mayor, Chairperson or Vice-Ch airper son falls vaca nt in any manner other than by removal of Mayor, Deput y Mayor, Chairperson or Vice-Chair- person under sec tion 16, inform ation of the occ urrence of the vaca ncy shall, forthwith, be given, in writing , to the Council- lors by the Town Clerk in the case of a Municipal Councilor Urba n Co uncil and the Council Secretary in the case of a Rural or Community Council who, after receipt of such inform ation , shall, within fourteen days, proceed to fill the vacancy in the manner prescri bed under section 14", Mode and manner of election of Mayor, Deputy Mayor, Chairperson or Vice Chairperson

12. The principal law is amended in section 14(2) - (a) by deletin g the words "Elections Office r" in the second line and substituting the words "designated officer presiding at the meetin g as may be prescribed in the Regulations" ; (b) by deleting the words " which the election takes place" .

13. The principal law is amended by adding the followi ng section after section 14 : "Oaths of Mayor, Deputy Mayor, Chairperson, Vice Chairperson and Councillors 14A ( I) At the meetin g convened under sect ion 13( I). all members of the Coun cil shall take an oath admini stered by the Town Clerk or Council Secretary in the manner prescribed by the Third Schedule , (2) In the case of the Mayor, Deputy Mayor, Chairperso n or Vice Chairperson, the Town clerk or CounciI Secre tary shall ca use such perso ns after their election as prescribed by sec tion 13(5) to take an oath in the manner prescribed by the Third Schedule.", Removal of Mayor, Deputy Mayor, Chairperson, Vice Chairperson from Office hy Resolution of the Council

14. The principal law is amended by deleting section 16 and substituting the followi ng: " 16 ( 1) The Mayor, Deputy Mayor, Chairperson, Vice- Chairperson may be removed from office by the releva nt Council o n any of the following grounds: (a) abuse of office ; (b) corruption; (c) incompetence; (d) misconduct; (e) failure or refusal without justifiable reaso n to implem ent lawful Co uncil decisions: and (f) in the case of the C hairperson o r the Mayor, fail- ure to ca ll a Council meetin g for more than three month s without reasonable cause. (2) For purposes of rem ovin g the Mayo r, Deput y Mayor, C hairperson or Vice Chairperso n from office under sub section ( I), a writt en notice signed by not less than half of all members of the Co uncil shall be submitted to the Town C lerk or council Secretary, as the case may be- (a) stating their intention to pass a resol ution of the Co unci l to remo ve the Mayor, Depu ty Mayor, Chairperso n or Vice Chairperso n from office on any or all grounds set out in subsection ( I): (b) setting out the gro unds for removal, supported by neces- sary docum ent s, whe re appli cable, on which it is claim- ed that the Mayor, Deputy Mayor, Chairperson or Vice Chairperson be removed from offic e. (3) The Town Clerk or Co uncil Secretary, as the case may be, shall. within fourteen days, acknowledge receipt of the notice and make arrangements for the meetin g in which the Co uncil intends to rem ove the member from office . (4) The Town Clerk or Co uncil Secretary, as the case may be, shall preside at the meet ing for the rem oval of a Mayor, Depu ty Mayor, Chairperson or Vice Chairpe rso n. (5) The Mayor, Deput y Mayor, Chairperson or Vice Chairpe rson who is the subjec t of rem oval shall be given an o pportunity to defend hims elf or herself aga inst the acc usations before a vote is taken on the resolution by the Coun cil. (6) Th e Town Clerk or Council Secretary, as the case may be, shall, after ascertaining that the pro visions of this sec tion have been complied with , declare the office of the Mayor, Deputy mayor, Chair- pe rson or Vice Chairperson, which the person rem oved was occ upy- ing to be vacant. Counc illo rs present at the meeting shall fo rthwi th procee d to the e lec tion of. and sha ll elec t one of their member s to be the Mayor. Depu ty mayor. Chairperson o r Vice Cha irperson in terms o f sec tion 14", General Meetings

15. Th e pricip al law is am end ed in sec tion 18 - (a) in subsec tion ( I ). by deleting the words" upon such day o r days every month as may be fixe d by a Counci l" and subst itut- ing the words " once a mont h" ; (b) by add ing the foll owin g subsection after subsec tion ( 2) : "(3 ) Subject to the pro vision s of subsection (2). the ge neral meeting in que stion shall not be more than two times in a mon th .", Minutes

16. Th e principal law is amended by de leting sec tion 2 1 and substituting the follow ing: " 2 1. ( I) All act s performed . decision s mad e and orde rs issued at all meetings of a Counci l sha ll be ent ered in a book o f minutes kep t for that purpose and sha ll be signed after eac h meeting by per son s presiding at such meeting . (2) T he mi nutes shall be confirmed , with such amendments as may be nece ssary at the ne xt ordinary meet ing of the Council, and a copy thereof or ex tracts therefrom certi- fied by the Mayor or Chairman as a true cop y may be made accessible to the publ ic.... Municipal or Urban Town Clerk or Council Secretary of Rural or Comm- unity Counci l

17. Th e prin cip al law is amen ded by deleting sec tion 34 a nd substituting the foll owing : "3 4 . ( I) Th ere shall be a Town Cle rk for each Muni cipal or Urba n Council and a Co unci l Secretary fo r each Ru ral or Co mmunity Coun cil who shall be the Chie f Executive Officer of the Counc il a nd all other officers and se rva nts sha ll be subo rdinate to him. (2) Before the commen cem ent o f the te rm of office of any Co un- c il, the Local Governme nt Service Co mmi ss io n sha ll appoi nt a Town Clerk for each Municipal or Urban Counc il and a Coun cil Secretary for each Rural or Community Council. (3) Notwithstanding sub section (2), where the Lo cal Go vernment Service Commi ssion has not yet been appointed or whe re it has been appointed but has not yet assumed offi ce, the app ointments referred to in that subsec tion shall be mad e by the Mini ster.". Powers to make by-laws

18. The prin cipal law is amended in sec tio n 42 by del etin g subsec tion (3) and substituti ng the follow ing: "(3) A by-law made by a Council may pro vide the penalty of a fine or impri sonment for any contravention thereof. sueh fine not ex ceed - ing one thousand maloti or imp risonment for a period not e xcee ding six month s, in the cas e of an ind ividual, and a fine not exceed ing five thou sand maloti in the ca se of a corporate bod y. for any ac t or omi s- sion constitutin g such contravention, and in the case of a continuing contrav ention an additional fine not exceeding one thousand maloti , in the ca se of an individual and not ex ceeding five thou sand maloti in the case of a corporate bod y, for e ver y day, during whi ch the co ntrave n- tion continues after conv iction thereof by a cour t of compete nt juri s- diction or 'after se rvice of a written noti ce from the Ma yor or Chai r- person or oth er authorised Offi cer directing atte ntion to such contra- ve ntio n.". Power of Council to Impose Taxes, etc ,

19. The principal law is am end ed in the headin g to sec tion 57 by deletin g "e tc."

20 . The prin cipal law is ame nde d by adding the followin g sec tion aft er sect ion 62 : " Tender Board 62 A ( I) There shall be a Tender Board in eac h District whic h shall pro - vide tend er se rvices to the Loca l Authorit y. (2) Th e Tender Board shall cons ist of at lea st six members w ho shall be appointed by the Distri ct Co uncil. at least one of who m sha ll be de signated as Chairper son by the Co unc il. (3) At lea st one th ird o f the member s of the Te nde r Board sha ll be women and at lea st one member sha ll be a di sabled per son ..'. Audit 2 1. Th e prin cip al law is ame nded in sec tion 63 - (a) by deleting sub section ( I) and substituting the follow mg: " ( I) The account of every Council shall be audited once in each financial year by the Gov ernment auditor or by such other professionally qualifi ed auditor as may be appointed by the Mini ster." . (b) by adding the following after subsection (3): "(4 ) Th e Minister may at anytime, cau se to be examined or audited the accounts or records of the Council or a ny part there of, but this shall not affe ct the holding of the annual audit as provided for in sec tio n 63.". Inquiries

22 . Th e prin cipal law is amended by deleting sec tio n 64 (2 ) and substitut- ing the following : " (2). For purposes of any inquiry under thi s sec tion, the co mis- sion of inquiry shall be appointed in term s of Commi ssion s of Inquiry Act 1994." . District Development Coordinating Committees, Constitution and Composition of a District Development Coordinating Committee

23 . The prin cipal law is amended in secti on 78 - (a) by deleting the word "three" in subsec tion (2) (c) and substituting the word "two" : (b) by adding the follo wing paragraph after paragraph (d) : " (e) such persons from the non-go vernmental Organi sa- tion s and disadvantaged groups as may be determined by the Mini ster who shall be nominated by their respe- ctive organizations, her einafter referred to as " the nom - inated members."

24 . The principal law is amended by deletin g sec tion 79 and substituting the following : • "Term of office of elected and nominated members of a committee 79 ( I ) The term of offi ce of the e lec ted members and nomin ated members of a Committee shall be for the period such members have been elec ted or nominated , as the case may be, to the Council. (2) Where a per son is elected or nominated . as the ease may be, in the place of an e lected member or nominated member , as the cas e may be, of a co mmittee member who has died, res igned. or otherwise vacated his office, he or she sha ll, subjec t to this Act: hold office for the une x- pired per iod of the term of office of his predecessor." Meetings of the committee

25 . The principal la w is ame nded in section 80( I ) by inserting the words "an d nominated mem bers" imm ediatel y after the words "e lected member s" in the second line.

26 . The principal law is amended in sect ion 82- (a) by deleting the heading thereof and substituting the follo wing : " Ad ministrative Boundaries Co mmissio n": (b) in subsection ( I) , by deleting the wo rds "a Bou nda ries Commis- sio n" and su bstit uting the words "an Adm inist rative Bo undaries Commission". Functions of the Commission

27. T he princ ipal law is amended in sect ion 83 by deleting the word s "a nd electora l" and "or ele ctoral" whe reve r they appear in tha t section . Regulations

28. The principal law is a me nded in sec tio n 84 by deletin g subsectio n (4) .

29 . Th e prin cip al law is ame nde d by delet ing section 95. Schedules

30 . The principal law is ame nded - (a) by ren umbering the "Third Schedule" as the "Fourth Schedule": (b) by inserting the following new Schedule : "TH IRD SC HEDULE Oath of Mayor, Deputy Ma yor, C ha ir pe rs on o r Vice Chai rperson (Section 14A ) I. do swear/so lem nly a ffirm that I sha ll fait hful- ly exe rcise the func tions of the Mayor. De puty Mayor. Cha irperson or Vice Ch airpe rso n of M unicipa l. Urba n, Rural or community Co unc il and sha ll uphold , preserve, protect and defend the constitution and observe the la ws of Lesotho and that I shall promote the welfare of the people of this Mu nici pa l, Urban, Rural or Community Council. (So help me God) OATH OF A COUNCILLOR I. do swear/solem nly affirm that I will give faith - fully serv ice to this Council and support and uphold the Constitution of Le soth o as by law estab lished . (So he lp me God) .... NOTE I. Act No.6 of 1997

2. Act No. 10 of 1992