Urban Government Act, 1969
Act 8 of 1969
- Assented to on 7 May 1969
- Commenced on 1 July 1969
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Urban Government Act, 1969.
2. ApplicationThe provisions of this Act shall apply to—
3. InterpretationIn this Act, unless the context otherwise requires—“Act” includes regulations made under this Act;“Board” means a Town Board established under the provisions of Part XIII;“Chairman” means Chairman of a Council or Board, and in any municipality or town where such person is known by any title other than Chairman, any references in this Act to Chairman shall, in relation to such municipality or town, be construed as a reference to such person;“construct” or “construction” in the case of any street includes provision for the lighting of the street and its draining, levelling, paving, kerbing, metalling, channelling, and every method of making a carriageway or footway, and the provision of access to the street;“Council” means a municipal or Town Council, as the case may be, established under the provisions of Part II;“councillor” means a person elected or appointed a member of a Council or Board;“District Commissioner” means district commissioner in whose district a municipality or town is situated;“local authority” means a Municipal Council, Town Council, Town Board or other organ of local government duly established under any law;“Minister” means Minister for Local Administration;“municipality” means a municipality established under Part II;“occupier” means a person in actual occupation of land or premises without regard to the title under which he occupies;“owner” in relation to immovable property, means the person in whom is vested the legal title thereto and includes a person who purchases, leases, or otherwise acquires immovable property from the Government or a local authority and that person shall be deemed to be the owner from the date of purchase or acquisition or the commencement of the lease;“public nuisance” means any act, omission or condition which is offensive to health, or which materially interferes with the ordinary comfort, convenience, peace or quiet of the public or adversely affects the safety of the public;“public place” means a street, square, park, recreation ground, garden, commonage or open space in the area of a local authority—(a)which is vested by deed of title or in terms of section 67(1) or by any law in the local authority for the use and benefit of the public; or(b)which the public has the right to use without charge;“street” means street, road, lane, avenue, by-road, passage, thoroughfare or other right of way and includes bridge, subway, pavement, footpath, sidewalk, drain, culvert or the like therein;“town” means a town established under the provisions of Part XIII;“Town Clerk” or “Treasurer” means the persons appointed as such under the Act and for the time being lawfully acting respectively in the capacities of Town Clerk and Town Treasurer of the municipality.
Part II – Constitution of Town Councils
4. Declaration of municipalities
5. Municipal or Town Councils
6. Composition of councils
7. Election or appointment of Chairman and councillors
8. Election regulationsThe Minister shall make regulations for the regulation and conduct of elections to be held under the provisions of this Act, and without prejudice to the generality of the foregoing, may by such regulations prescribe—
9. Acceptance of officeA person elected or appointed a councillor shall, prior to the first meeting of the Council which he attends after his election or appointment, sign and deliver to the Town Clerk a declaration in a prescribed form that he accepts the office of councillor and will faithfully perform the duties thereof.
10. Disqualification for election or appointment as councillor
11. Casual vacancies
12. Validity of acts of Council and officersAll acts of a Council or of any person acting as Chairman, Vice-Chairman, councillor, Town Clerk or other municipal officer, as the case may be, shall notwithstanding that it be discovered that there was some defect in the election or appointment of such person or that he was disqualified for election or appointment, be valid and effectual as if such person had been duly elected or appointed and qualified.
13. When election not invalidatedNo election shall be invalid or set aside by reason merely of—
14. Effect of invalidity of election as concerns proceedingsAny action, suit or other proceedings by or against a Council shall not be affected by the invalidity of an election but shall be tried and determined as if no such objection existed.
Part III – Meetings of the Council and committees
15. Meetings of the Council
16. Standing orders
17. Chairman of meetings
18. Quorum for and voting at meetings
20. Finance committeeThe Council shall appoint a finance committee for regulating and controlling the finances of the Council.
21. Meetings of committees
22. Minutes of meetings
23. Joint committeesA Council may, with the consent of the Minister, concur with one or more other councils or local authorities in appointing from amongst their respective members a joint committee for any purpose in which they are jointly interested, consisting of such number of members, with such functions and upon such conditions as the councils, or Council and local authorities, as the case may be, may determine.
24. Pecuniary interest of councillors
25. Person acting as councillor when not qualified
26. Validity of proceedings
27. Duty of Town Clerk to report unlawful or irregular conduct
Part IV – Management committee
28. Application of this Part
29. Establishment of management committeeSubject to the provisions of this Part, there shall be established for each Council a management committee which shall be responsible for the administration of any matters affecting the Council in so far as the provisions of this Part require.
30. Election of management committee
31. Chairman or Vice-Chairman as member of management committee
32. Appointment of Chairman and Vice-Chairman of management committee
33. Meetings of the management committee
34. Procedure at meetings of management committee
35. Management committee minutes
36. Removal of management committee from office
37. Functions of management committee
38. Delegation of further powers to management committee and officers
39. Committees to assist management committeeThe Council or the management committee may from time to time appoint one or more committees whether from its members or otherwise to inquire into any matter falling within the jurisdiction of the Council or of any other proposal or scheme which relates or may relate to the business of the Council, and to report thereon to the management committee.
40. Standing committees
41. Remuneration and allowances payable to members of management committeeThe Council may with the consent of the Minister pay such remuneration and allowances to the members of the management committee, including temporary members, as the Council may determine at rates approved by the Minister.
42. Appointment of Town Clerk and the Clerk to the Council
43. Town Clerk not to be head of any particular department
44. Functions, powers and duties of Town Clerk
45. Functions of the Clerk to the CouncilThe Clerk to the Council shall—
46. Saving in respect of Town Clerk in office on application of this Part
Part V – Staff
47. General power to employ staff
48. Town Clerk
49. Other officers
50. Termination of appointment of certain officers
51. Staff regulations and standing orders
52. Joint appointments
53. Security by persons handling Council propertyThe Council may require from any person entrusted by it with handling of money or stores on its behalf security to the satisfaction of the Council and may, if it deems fit, defray from its funds any fidelity premium considered reasonable for this purpose.
54. Pensions and gratuities
Part VI – Duties and powers of councils
55. General duties
56. General powers
57. Fees and charges
60. Coat of arms
61. Agency for GovernmentAt the request of the Minister, a Council may—
62. InsuranceA Council may insure itself and all or any of its property against risks of any type and all or any of its officers and employees or third parties against risks of injury or loss.
Part VII – Land, streets and public places
63. Acquisition of immovable property
64. Compulsory acquisition of immovable property
65. Alienation of immovable property
66. Diversion of water coursesSubject to the provisions of any law relating to water rights, a Council may divert, straighten, define or canalise the course of any stream or water course within the municipality after giving notice to the owner or occupier of any land affected by any such action.
67. Control and management of public streets and places
68. Construction and improvement of public streets
69. Access to public street
70. Traffic controlSubject to the provisions of the Road Traffic Act, No. 6 of 1965 a Council may—
71. Temporary closure of streets and public places
72. Permanent closure of streets and public places
74. Private streets
75. Construction of private streets
76. Taking over private street as public street
Part VIII – Bye-laws
77. Power to make bye-laws
78. Bye-laws not to conflict with lawsNothing in this Act shall be deemed to empower a Council to make any bye-law which is in conflict with or derogates from the provisions of any other law for the time being in force in Swaziland and to the extent that any bye-law conflicts with or derogates from any such law it shall be void and of no effect.
79. Procedure relating to bye-laws
80. Publication of bye-laws
81. Penalties for breach of bye-laws
82. Powers to enforce making of bye-laws
83. Bye-laws applicable to sub-divided municipalityWhenever an area is severed from a municipality and established as a separate municipality or town, the Minister may by notice published in the Gazette declare that all or any of the bye-laws in force in such area prior to such severance shall continue to apply to such area until such time as other provision is made in respect of such area.
Part IX – Municipal funds
84. Municipal account
85. Financial yearThe financial year of the Council shall be the twelve months ending on and including 31st March in each and every calendar year, or such other date as the Minister may by notice in the Gazette either generally, or in respect of any Council, appoint.
86. Revenues of the CouncilThe revenues of a Council shall consist of—
88. Capital and renewals funds
89. Investment of fundsAny funds of a Council which are not required for immediate use, may be—
90. Bad debts
91. Annual estimates
92. Incurring expenditure not in accordance with the approved estimates
93. Financial regulationsThe Minister may make regulations, to be known as “Financial Regulations”, for the purpose of—
Part X – Borrowing powers
94. Power to borrowA Council may, by a majority of the councillors present and provided that the number of councillors voting in the majority is equal to a majority of the full Council, from time to time apply to the Minister for authority to borrow such sums as may be required for any period not exceeding thirty years and for any purpose approved by the Minister.
95. Raising loans
96. Application of loan moneys
97. Repayment of loans
98. Short-term loans and overdrafts
99. Illegal borrowing
Part XI – Accounts and audit
101. Appointment of auditor
102. Audit of accounts
103. Submission of audited accounts
104. Independent audits
Part XII – Central control
106. Disallowance and surcharge
107. Commission of inquiry
108. Minister’s powers to enforce performance of duties
109. Power to direct the levy of a rate or raising of a loan
110. Effect of dissolution of Council
110bis. Vacancy in the office of councillors pending constitution of a new council
Part XIII – Towns
111. Declaration of towns
112. Town BoardsIn every town there shall be established by the Minister, by notice published in the Gazette, a Town Board which shall perform such duties and may exercise such powers as are imposed and conferred on such Boards by this Act or any other law.
113. Application of provisions of Act
Part XIV – Miscellaneous
116. Limitation of actions
117. Right of entry to premisesThe Town Clerk and any officer of a Council authorised by him in writing may enter any premises within the municipality between the hours of 8 o’clock in the morning and 6 o’clock in the evening or in the case of emergency at any time—
118. Service of notice and documents
119. Service of legal processAny legal process to be served on a Council is deemed to have been effectively and sufficiently served when it has been handed to the Town Clerk.
120. Authentication and execution of documentsExcept where otherwise expressly provided, every document requiring authentication on behalf of a Council or Board shall be deemed to be duly authenticated when signed by the Chairman and Town Clerk, or in the absence of the Chairman by any two councillors and the Town Clerk.
121. Protection of individualsNo act, matter or thing done or omitted by—
123. Minister’s power to give effect to intent and purpose of ActIf in the opinion of the Minister, through any error, accident or omission anything required to be done in terms of the provisions of this Act is omitted to be done or is not done in the manner or within the time determined therein, the Minister may order all such steps to be taken as in his opinion may be necessary to rectify any such error, accident or omission or he may validate anything which may have been irregularly done as aforesaid so that the intent and purpose of this Act shall be given effect to.
124. Minister’s powers to make regulations
125. Delegation of powers to officers
126. Want of formExcept where expressly provided to the contrary in this Act, no order or thing made or done relating to the carrying out of the provisions of this Act, shall be deemed invalid, or set aside merely by reason of want of form.
127. General offences and penalties
History of this document
01 December 1998 this version
01 July 1969
07 May 1969
Cited documents 8
Documents citing this one 32
- Swaziland Government Gazette dated 2011-09-20 number 99
- Swaziland Government Gazette dated 2011-10-03 number 104
- Swaziland Government Gazette dated 2012-05-10 number 56
- Swaziland Government Gazette dated 2012-09-25 number 105
- Swaziland Government Gazette dated 2012-10-03 number 110
- Swaziland Government Gazette dated 2013-01-08 number 5
- Swaziland Government Gazette dated 2013-08-23 number 113
- Swaziland Government Gazette dated 2014-08-20 number 90
- Swaziland Government Gazette supplement dated 2013-03-01 number 27
- Swaziland Government Gazette supplement dated 2013-08-09 number 103
- Swaziland Government Gazette supplement dated 2014-02-28 number 18
- African Evangelical Church v Mankayane Town Board (1135 of 2020)  SZHC 237 (13 November 2020)
- Dlamini v The Mayor – Mbabane Municipal Council of Mbabane and Others (1814 of 2018)  SZHC 11 (5 February 2019)
- Dube v Ezulwini Municipality And Others (468 of 2015)  SZIC 59 (30 October 2015)
- Mabila and Others v Minister of Housing and Urban Development and Others (1366 of 2016)  SZHC 174 (10 August 2017)
- Mamba And Another v Mankayane Town Board And Another (483 of 2012)  SZIC 30 (17 September 2013)
- Matsapha Town Council v Diesel Services Ltd (1116 of 2021)  SZHC 107 (2 June 2022)
- Mbabane City Ratepayers and Urban Development Association v The Minister of Housing & Urban Development and Others (893 of 2017)  SZHC 215 (24 October 2017)
- Meshack Dlamini v Sandile Thwala And Others (3210 of 2010)  SZSC 47 (30 September 2013)
- Mnisi and Others v Dlamini (9120 of 2015)  SZHC 185 (23 September 2020)
- Municipal Council of Mbabane v Manyatsi (831 of 2013)  SZHC 120 (12 June 2013)
- Sibandze v Municipal Council Of Manzini (547 of 2010)  SZIC 27 (18 June 2014)
- Swaziland Commercial Amadoda Road Transportation and Others v Siteki Town Council (254 of 2012)  SZHC 80 (28 March 2012)
- Van Wyk and Another v Ezulwini Municipality (1411 of 2017)  SZHC 2022 (16 November 2020)