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(4) Before the termination of office of a caretaker appointed in terms of subsection (1),
otherwise than at a general election or in the circumstances referred to in subsection (3)(a),
the Commission shall cause an election to be held on such date as may be fixed in terms of
the Electoral Act [Chapter 2:13] (No. 25 of 2004), to fill the vacancies on the council as if
they were special vacancies.
(5) On appointing a caretaker in terms of this section the Minister may authorize the
payment from the funds of the council to the caretaker, for so long as he or she holds office
as such, of a monthly salary at such rate as the Minister may determine.”.
17
New sections substituted for sections 89 and 90 of Cap. 29:15
Sections 89 and 90 of the principal Act are repealed and substituted by—
“89
Rescission or alteration of resolutions of council and committees
(1) A resolution passed at a meeting of a council shall not be rescinded or altered at a
subsequent meeting of the council—
(a) unless—
(i) a committee has recommended that the resolution be rescinded or
altered; or
(ii) a notice of motion to rescind or alter that resolution has been given at
least seven days before the subsequent meeting to the chamber secretary
and the notice of motion has been signed by not less than one-third of the
membership of the council;
and
(b) if the rescission or alteration occurs within six months from the date of the passing
of the original resolution and the number of councillors present at such subsequent
meeting does not exceed the number of councillors present when the original
resolution was passed, unless at least two-thirds of the councillors or members, as
the case may be, present at the subsequent meeting vote in favour of that rescission
or alteration.
(2) The chamber secretary to whom any notice of motion has been given in terms of
subsection (1) shall send a copy of the notice to each councillor at least two days before the
subsequent meeting at which the motion is to be moved.
(3) Nothing in subsection (1) shall be construed as precluding a council from rescinding or
altering a resolution passed at a previous meeting in a manner other than that recommended by
the committee or specified in a notice of motion, as the case may be.
(4) A resolution passed at a meeting of a committee of a council may be rescinded or
altered at any subsequent meeting of that committee.”.
18
Repeal of sections 92, 93, 94, 95 and 99 of Cap 29:15
Sections 92, 93, 94, 95 and 99 of the principal Act are repealed.
19
Amendment of section 97 of Cap 29:15
Section 97 (“Audit committee”) of the principal Act is amended by the repeal of subsection
(2) and the substitution of—
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