| (1) |
A decision of a council shall be taken by a majority of at least two-thirds of the votes of the members (other than the chairman referred to in section 7 (1), who shall not have a vote) of the council present at a meeting of the council. |
(1A)
| (a) |
If a council cannot come to a decision on any matter because a majority referred to in subsection (1) was not obtained, the matter shall be reconsidered by the council at its following meeting. |
| (b) |
If a council upon reconsideration of any matter as contemplated in paragraph (a) cannot come to a decision because the majority in question was not obtained— |
| (i) |
the election or designation of the deputy chairman of the council, or a chairman and members of a committee referred to in section 10A or members of the executive committee referred to in section 10B, shall be by an ordinary majority of the votes of the members present at that meeting; and |
| (ii) |
any other matter shall be referred by the chairman to the appeal board as contemplated in section 11 (3) (a), in which case the provisions of section 11 (6), (7) and (8) shall mutatis mutandis apply. |
(2)
| (a) |
A decision of a council, excluding a decision referred to in subsection (1A) (b), shall at the request of a local body represented at the discussion of the matter concerned at the meeting at which such decision was taken be reconsidered at the following meeting of the council and not again within six months thereafter. |
| (b) |
Any local body not so represented may in writing furnish to the chairman of the council reasons why it was not so represented, whereupon the chairman shall at the request of that local body decide whether or not the decision concerned shall be so reconsidered. |
| (3) |
Any local body represented on a council, or a person or institution admitted by agreement in terms of section 4 (3) (a) (iii) as a member of the council, and whose interests are affected by a decision of that council taken after reconsideration in terms of subsection (2), may within such time and in such manner as the Administrator may prescribe by regulation, appeal against that decision to an appeal board— |
| (a) |
which shall in respect of any matter referred to in subsection (4) consist of— |
| (ii) |
[deleted by section 9(b) of Act 56 of 1993]. |
| (iii) |
[deleted by section 9(b) of Act 56 of 1993]. |
| (iv) |
[deleted by section 9(b) of Act 56 of 1993].
|
| (b) |
which shall in respect of any matter referred to in section 12, other than a matter referred to in the proviso to section 12 (6), consist of— |
| (i) |
the Minister of Finance. |
| (ii) |
[sub-para (ii) deleted by s. 9 (d) of Act 56 of 1993]. |
| (a) |
fails to comply with a request for the reconsideration of a decision in terms of subsection (2); or |
| (b) |
after having reconsidered the decision in question, fails to come to a decision, any local body represented on the council, or a person or institution admitted by agreement in terms of section 4 (3) (a) (iii) as a member of the council, and whose interests are affected by the decision that the council was requested to reconsider, may mutatis mutandis in accordance with subsection (3) appeal against that decision to an appeal board constituted as contemplated in subsection (3). |
| (4) |
An appeal in terms of subsection (3) (a) shall be noted only in respect of— |
| (b) |
the insufficient performance by the council of a regional function; |
| (c) |
any decision of the council relating to a tariff or levy for services rendered by the council; |
| (d) |
any determination by the council of a priority in connection with the appropriation of funds; and |
| (e) |
the refusal by the council of any application for exemption referred to in section 5: |
Provided that a person or institution admitted by agreement in terms of section 4 (3) (a) (iii) as a member of a council may note an appeal only in respect of any matter contemplated in section 9 (1) (b).
| (5) |
The execution of a decision shall not be affected by a request for reconsideration in terms of subsection (2) or by an appeal in terms of subsection (3), but a determination referred to in subsection (4) (d) shall be suspended pending the result of the request or appeal. |
| (6) |
For the purposes of the application of this section 'Administrator' means the administrator appointed by the State President in terms of section 7 (1) of the Provincial Government Act, 1986. |
| (7) |
A decision by the appeal board shall be carried out by the council. |
| (8) |
[Sub-s. (8) deleted by s. 9 (f) of Act 56 of 1993]. |
Gas Regulator Levies Act, 2002
