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(As indicated in the Local Government: Municipal Structures act 117 of 1998)

Speakers of Municipal Councils

Election of speakers

Each Municipal Council must have a chairperson who will be called the speaker.
At its first sitting after its election, or when necessary to fill a vacancy, a municipal council must elect its speaker from among the councillors.
The municipal manager of the municipality or, if the municipal manager is not available, a person designated by the MEC for local government in the province, presides over the election of a speaker.
The procedure for the election of municipal office-bearers as contained in the Schedule 3 of the Municipal Structures Act applies to the election of a speaker.

A councillor may not hold office as speaker and mayor or executive mayor at the same time.

Functions of speakers

The speaker of a municipal council-

• presides at meetings of the council;
• performs the duties and exercises the powers delegated to the speaker in terms of section 59 of the Local Government: Municipal Systems Act, 2000
• must ensure that the council meets at least quarterly;
• must maintain order during meetings;
• must ensure compliance in the council and council committees with the Code of Conduct set out in Schedule 1 to the Local Government: Municipal Systems Act, 2000; and
• must ensure that council meetings are conducted in accordance with the rules and orders of the council.

Term of office of speakers

The speaker of a municipal council is elected for a term ending when the next council is declared elected.

Vacation of office

The speaker of a municipal council vacates office during a term if that person-resigns as speaker;

• is removed from office; or
• ceases to be a councillor.

Removal from office

A municipal council by resolution may remove its speaker from office. Prior notice of an intention to move a motion for the removal of the speaker must be given.

Acting speakers

If the speaker of a municipal council is absent or not available to perform the functions of speaker, or during a vacancy, the council must elect another councillor to act as speaker.