| (1) | A municipal council must develop a system of delegation that will maximise administrative and operational efficiency and provide for adequate checks and balances, and, in accordance with that system, may— |
| (b) | instruct any such political structure, political office bearer, councillor, or staff member to perform any of the municipality's duties; and |
| (c) | withdraw any delegation or instruction. |
| (2) | A delegation or instruction in terms of subsection (1)— |
| (c) | is subject to any limitations, conditions and directions the municipal council may impose; |
| (d) | may include the power to sub-delegate a delegated power; |
| (e) | does not divest the council of the responsibility concerning the exercise of the power or the performance of the duty; and |
| (f) | must be reviewed when a new council is elected or, if it is a district council, elected and appointed. |
| (3) | The municipal council— |
| (a) | in accordance with procedures in its rules and orders, may, or at the request in writing of at least one quarter of the councillors, must, review any decision taken by such a political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction, and either confirm, vary or revoke the decision subject to any rights that may have accrued to a person; and |
| (b) | may require its executive committee or executive mayor to review any decision taken by such a political structure, political office bearer, councillor or staff member in consequence of a delegation or instruction. |
| (4) | Any delegation or sub-delegation to a staff member of a power conferred on a municipal manager must be approved by the municipal council in accordance with the system of delegation referred to in subsection (1). |
[Section 59(4) inserted by section 36 of Act No. 51 of 2002]
