The council cannot dissolve itself within the first two years after an election was held. However, in “exceptional circumstances” (for example, where a majority of councillors present at consecutive meetings refuse to support either of the remaining most popular candidates for mayor or speaker and the local government cannot be formed) the MEC may, in terms of section 139(1)(c) of the Local Government: Municipal Structures Act dissolve the council in certain narrow circumstances.
This can only occur after other interventions taken in terms of section 139 of the Constitution “has not resulted in the council being able to fulfil its obligations in terms of legislation” and after the MEC has obtained the permission of the Minister of local government (Des Van Rooyen) and after notice of that dissolution has been tabled in the National Council of Provinces and that Council has approved the dissolution.
The MEC at first will issue a directive to the municipal council, describing the extent of the failure (in this case, a failure to form either a coalition government or minority government) and stating the steps to be taken to rectify it (for example, instructing the council to hold another meeting to try and elect a speaker and a mayor).
Once these steps have been concluded, it may become necessary for the MEC to dissolve the council because it is unable to form either a coalition or minority government through the election of a speaker and an executive mayor.
The MEC will then have to appoint an administrator to govern the municipality, and then a new election will have to be held within 90 days from the day the council was dissolved. To stress the point: this could only occur in exceptional circumstances, which would be when a majority of those present at the first and subsequent council meetings fail to vote for one or other candidate as mayor and speaker.
