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Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)

Chapter 7 : Responsibilities of Mayors

59. Delegations of mayoral powers and duties

 

(1) The powers and duties assigned in terms of this Act to the mayor of a municipality, may—
(a) in the case of a municipality which has an executive mayor referred to in section 55 of the Municipal Structures Act, be delegated by the executive mayor in terms of section 60(1) of that Act to another member of the municipality's mayoral committee;
(b) in the case of a municipality which has an executive committee referred to in section 43 of that Act, be delegated by the council of the municipality to another member of the executive committee; or
(c) in the case of a municipality which has designated a councillor in terms of section 57(1) of this Act, be delegated by the council to any other councillor.

 

(2) A delegation in terms of subsection (1)—
(a) must be in writing;
(b) is subject to any limitations or conditions that the executive mayor or council, as the case may be, may impose; and
(c) does not divest the mayor of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty.

 

(3) The mayor may confirm, vary or revoke any decision taken in consequence of a delegation in terms of this section, but no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.