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Law on Decentralisation

REPUBLIC OF CAMEROON                                                                                                                                    PEACE – WORK –FATHERLAND

 

 

LAW No 2004/017 OF 22 JULY 2004

ON THE ORIENTATION OF DECENTRALISATION

 

 

The National Assembly deliberated and adopted,

The President of the Republic hereby enacts the

Law set out below: 

PART 1

 

GENERAL PROVISION

 

Section 1: this law on the orientation of decentralization lays down general rules applicable to decentralization

Section 2:

(1)   Decentralization shall consist of devolution by the state of special powers and appropriate resource to regional and local authorities

(2)    Decentralization shall constitute the basic driving force for promotion of development, democracy and good governance and local level

Section 3:

(1)   The regional and local authorities of  the Republic shall be the regions and councils

(2)    They shall carryout their activities with due respect for national unity. Territorial integrity and the primacy of the state

(3)   Any other such authority  shall be created by law

 

Section 4:

(1)   Regional and local authorities shall be corporate bodies governed by public law. They shall be endowed with administrative and financial autonomy for the management of regional and local interests. In that financial autonomy for the management of regional and local interests. In that capacity, the mission of their councils or boards shall be to promote economic social; health; educational; cultural and sports development in their respective areas of jurisdiction.

(2)   Regional and local authorities shall administered freely by elected boards under condition lad down by law

(3)   They shall comprise executive elected from within the boards preferred to n paragraph (2) above, except otherwise provided by law

(4)   The region and the council shall settle matters falling within their jurisdiction by deliberation

 

Section 5: Regional and local authorities may, within the framework of the missions defined in Section 4 (1) above, carry out projects in partnership with one another with the State public establishments, public and semi-public enterprises, non-governmental organizations, and civil society or foreign  partners under and conditions laid down by their specific regulations.

Section 6: The President of the Republic may as and when necessary:

  1. Modify the names and geographical boundaries of regions
  2. Set up other regions. In such a case, he shall name them and set their geographical boundaries

 

Section 7: Any devolution of power to a regional or local authority shall be accompanied by the transfer by the State to the former, of the necessary resources and means for the normal exercise of the power so devolved

 

Section 8: The devolution of power provided for by this law shall not authorize a regional or local authority to establish or exercise supervisory power over another

 

Section 9:

(1)The devolution and sharing of power between regional or local authorities shall distinguish between the power devolving upon regions and those devolving upon councils

(2) The devolution and sharing of powers provided for in Section 9 (1) above   shall be consistent with the principles of subsidiarity, progressiveness and complementarity’s

 

Section 10:

(1)   The State shall exercise supervisory powers over regional and local authorities.

(2)   The State shall ensure the harmonious development of all regional and local authorities on the basis of national solidarity, regional and council potentials and inter-regional and inter-council balance.

 

Section 11: The regional or local authorities shall not be liable where the representative of the State substitutes for the chief executive of the region or council under conditions laid down by law.

Section 12: Regional and local authorities may set up or join various groupings within the framework of their missions, in accordance with the laws applicable in each case

 

Section 13:

(1)   Any natural person or corporate body may propose to the regional or local authority executive any measures aimed at fostering the development ad or improving the functioning of the regional or local authority concerned.

(2)   Any inhabitant or taxpayer of a regional or local authority may, at his expense, request the communication or obtain a complete or partial copy of the report of the regional council or municipal council, the budget, accounts or statutory, under the conditions laid down by regulation.

 

Section 14:

(1)   No regional or local authority shall deliberate outside its Statutory meetings, or on matters outside its jurisdiction or which undermine state security , law and order , national unity or territorial integrity

(2)   Where a regional or local authority acts in violation of the preceding subsection, the nullity of its decision or act shall be established by other of the minister in charge of regional and local authorities, without prejudice to the penalties provided for by the laws and regulations in force

(3)   The representative of the State may, where necessary, take appropriate safeguard measures.

 

PART II

PRINCIPLE OF DEVOLUTION OF POWERS

 

CHAPTER I

DEFINITION OF DEVOLUTION OF POWERS

 

Section 15:

(1)    The State shall devolve upon regional and local authorities under conditions laid down by law, the power necessary for their economic, social, educational, cultural and sports development

(2)    The power devolved upon regional and local authorities by the State shall not be exclusive. They shall be exercised concurrently by the State and the authorities, under terms and conditions provided for by law.

 

Section 16:

(1)   Regional and local authorities may freely maintain operational and cooperation ties between them in accordance with the laws and regulations enforce. To that end, regional and local authorities may form groupings to exercise joint power by settings up public co operations bodies through agreements.

(2)   Where a grouping of regional and local authorities jointly exercise powers over an area that is subject to devolution, such devolution shall benefit the entire grouping concerned on the strength of a decision by the deliberative body of each regional or local authority concerned. In such case, the regional and local authorities concerned shall establish, among themselves, agreements by which each authority

Section 17:

(1)   Regional and local authorities shall exercise their own powers within the bounds of national defense interests

(2)   The devolution of powers envisaged by the law shall not bar State authorities from taking with regards to regional or local authorities, groups of authorities, or their public establishments and enterprises, measures necessary for theses state authorities to exercise their duties in matters of security, civil or military defense, in accordance with the laws and regulations in force.

Sections 18: Regional and local authorities may as and when necessary, enter into contractual arrangements:

 

–          With the State;

–          With one or more public law cooperate bodies set up under State control or with state participation;

–          With one or more civil society organizations, for the purpose of accomplishing public utility objective or projects.

 

CHAPTER II

 

HUMAN AND MATERIAL RESOURCES

INHERENT IN DEVOLUTION OF POWERS

 Section 19:

(1)   Regional and local authorities shall freely recruit  and manage staff needed for the accomplishment of their mission, in accordance with the laws and regulations in force

(2)   The rules and regulations governing the staff referred to in the preceding subsection shall be laid down by decree of the President of the Republic

(3)   However, civil servants and other government employees may be transferred or seconded to regional and local authorities upon request. In such a case, the request shall be forwarded to the minister concerned, through the representative of the State, who shall give an opinion on the matter. Civil servants and Government employees thus placed at the disposal of regional and local authorities shall continue to be governed by the General Rules and Regulations of the Public Service or the Labour Code, as the case may be

(4)   The conditions of implementation of section 19 (3) above shall be laid down by regulation.

Section 20: Devolution of power shall automatically entail a hand over to the beneficiary regional or local authority of all movable and immovable property used at the transfer date to exercise that power. The property hand over shall be  duly established by a devolution decree signed by the President on the strength of an official report jointly drawn up by the Representative of the State and executive of the regional or local authority concerned.

Section 21: Civil servants or employees of deconcentrated government services. Who directly and personally lend assistance to a regional or local authority in an operation, may not, in any manner whatsoever, be involved in related oversight actions.

 

CHAPTER III

 

FINANCIAL IMPLICATIONS OF DEVOLUTION OF POWER

 

Section 22: Resources required by regional and local authorities to exercise their power shall be devolved upon them either through a system of tax transfer, or ceded revenge or both methods concurrently

Section 23:

(1)    A common Decentralization Fund for the partial financing of the decentralization process is hereby instituted

(2)    Each year, the Finance Law shall fix, on the recommendation of the Government the portion of the state revenue to be allocate to the Common decentralization Fund referred to in the preceding subsection

 Section 24:

(1)   Expenditure corresponding to the exercise of devolved powers shall be assessed prior to devolution

(2)   All the new expenditure devolving upon regional and local authorities subsequent to amendments by the State of rules on the exercise of devolved power must be offset by an equivalent allocation to the Common Decentralization Fund provided for I Section (23) or by other tax revenue, in accordance with modalities defined by law.

(3)   The statutory instrument referred to in Subsection (2) above shall clearly state the allocation source. Where a shortage of funds by regional and local authorities may jeopardize the execution of public service missions, the State may intervene through special allocation to the regional and local authority concerned.

Section 25:

(1)   Expenditure arising from the devolution of power shall entail and allocation by the State, to each region or council, of resources of an amount equivalent at least to the said expenditures.

(2)   Resources to be allocated shall be at least equivalent to the amount incurred by the State during the financial year immediately preceding the date of devolution of power

 

Section 26: Deconcentrated government services, whose materials and human resources are placed under the authority of the representative of the State who, as   and when necessary makes them available to regional and local authorities to enable them exercise their power shall also receive a portion of the resources referred to in Section 25(2) above

Section 27: At each state of the devolution process, the amounts in expenditure  resulting from increases or decreases in workload shall duly established  for both the authority and the state , by joint order of the minister in charge of regional and local  authorities concerned

Section 25:

(1)    Expenditure arising from the devolution of powers hall entail an allocation by the State, to each or council, of resources of an amount equivalent at least to the said expenditures.

(2)    Resources to be so allocated shall be at least equivalent to the amount incurred by the sate during the financial year immediately preceding the date of devolution of power

Section 26: Deconcentrated government service, whose materials and human resource are placed under the authority of the representative of the State who, as and when necessary, makes them available to regional and local authorities to enable the exercise their new powers, shall also receive a portion of the resources referred to in Section 25(2) above.

Section 27: At each stage of the devolution process, the amounts in expenditure resulting from increases or decreases in workload shall be duly established, for both the authorities and the State , by joint order of the ministers in charge of regional and local authorities and of finance

Section 28: Judges of the Audit Bench shall audit all accounts kept by public accountants of regional and local authorities, as well as those kept by de facto accountants appointed by theses same authorities.

 

PART III

 

ORGNASIATION AND FUNCTIONING OF REGIONAL

AND LOCAL AUTHORITIES

 

CHAPTER 1

ORGNASIATION

 

Section 29:

(1)   Regional and local authorities shall have an elected deliberative organ

(2)   The deliberative organ referred to in the preceding subsection shall the executive bureau shall be defined by law

(3)   The system of election of members of the deliberative organ and the executive bureau shall be defined by law

Section 30: Regional and local authorities shall have their own budgets, resources, patrimony, public and private property, as well as staff

Section 31: Regional and local authorities shall have their own services and, as and when necessary, receive assistance from deconcentrated government services

Section 32: The public and private property of a regional or local authority shall comprise all movable and immovable property acquired either free of charge or against payment.

Section 33: Local public services of regional and local authorities may be run under council supervision, as concessions or leases.

Section 34: Regional and local authorities may set up local establishments or enterprises, in accordance with laws in force governing public establishments, enterprises or firms with State participation and corporate bodies under private law, which receive financial assistance from public authorities

Section 35:

(1)   Regional and local authorities may, upon a resolution of their council or board, either purchase shares or bonds issued by companies which run local services, or be issued shares for consideration other than cash or equity shares by the said companies. However, this shall require prior approval by the supervisory authority and shall be subject to the shareholding ceiling stipulated in Section 65 below.

(2)   In such case, the articles of association of the companies referred to in the preceding subsection shall define , on behalf of the regional or local authority concerned

where, it holds the statutory duties of one or several representatives on the board of directors outside the general meeting;

where it holds bonds, the right for it to have a special delegate defend its interest before the company

(3)   Amendments to the articles of association of such a company concerning regional and local authorities shall be subject to prior approval by the representative of the State.

CHAPTER II

 

FUNCTIONING

 

  1. I.                   PROPERTY OF REGIONAL AND LOCAL AUTHORITIES

Section 36: The council or board of a regional or local authority shall deliberate on the management of property and on real estate transactions made by the authority concerned

Section37: Leases, information agreements and any conventions relating to the renting or acquisition of building or real state rights shall be concluded in accordance with standard procedures laid down by regulation

Section 38: The cost of real estate acquired by regional and local authorities shall be paid according to conditions laid down by regulation for similar transactions made by the State

Section 39:

(1)   The sale of property belongs to regional and local authorities shall be subject to the same rules as for State property

(2)   The proceeds of such sale shall be paid to the regional or local authority’s revenue collector

Section 40:

(1)    Regional and local authorities may hold government stock acquired participatory through the purchase of securities, with capital derived from payment by individuals, transfers, balances from exchange, gifts and legacies.

(2)    The council or Bureau of the regional or local authority concerned shall deliberate on investment in government stock

(3)    Funds kept by the regional or local authority’s revenue collector may be used for the purchased of stock or shares. In such case, he shall register them and keep the certificates

(4)    The registered stock held by regional and local authorities shall be considered as immovable.

 

  1. II.                CONTRACTS CONCLUDED BY REGIONAL AND LOCAL  AUTHORITIES

 Section 41: members of the executive and the revenue collector of regional and local authorities may not, in any form, either directly or indirectly, bid for or be awarded contracts; otherwise such contracts shall be annulled by the representative of the State.

Section 42: Private law contract of regional and local authorities shall be awarded in accordance with ordinary law

 

  1. III.             GRIFTS AND LEGACIES TO REGIONAL AND LOCAL AUTHORITIES

Section 43:

(1)   Deliberations of a council or bureau of a regional or local authority relating to the acceptance of gifts and legacies that entail expenses or conditions may not be enforced without the approval of the minister in charge of regional and local authorities

(2)   Whatever the amount and nature of the gift or legacy, where there are claims by heirs, the authorization of acceptance may be granted only by order of the minister in charge of regional ad local authorities

Section 44:

(1)   The regional or local authority executive may, as a safeguard measure accepts the gift or legacy and apply for delivery thereof before the authorization is issued.

(2)   The order referred to in Section 43 (2) or the subsequent deliberation of the council or board shall take effect from the date of acceptance

(3)   The acceptance shall be made forthwith and, as much as possible, form part of the donation act. Failing this it shall be made by separation act, which shall equally be authentic, and be notified to the donor in accordance with the legal provision in force governing  civil and commercial obligations,

Section 45:

(1)    Regional and local authorities or groupings thereof shall freely accept donations or legacies made to them without expenses, conditions or real estate entailments.

(2)    In any case, where gifts and legacies give rise to claims by families , the authorization to accept such gifts and legacies shall be granted by order pursuant to the provision of Section 43(2)

(3)    Where the proceeds of the gifts can no longer defray its expenses , the minister in charge of regional and local authorities may, buy order ,authorize the regional or local authority concerned to assign the proceeds to other uses that comply with the donor’s or legator’s purpose. Otherwise the heirs may reclaim the gift. Under no circumstance may the members of the regional or local authority executive acquire the gift.

 

  1. IV.             PROPERTY AND RIGHT JOINTLY HELD BY SEVERAL REGIONAL AND LOCAL AUTHORITIES

Section 46:

(1)   Where several regional and local authorities jointly hold property or rights, an order of the minister in charge of regional and local authorities shall set up a committee comprising representative’s councils or boards concerned.

(2)   Each council or bureau shall, be secret ballot, elect from among its members the numbers of representatives fixed by the order referred to in the preceding subsection

(3)   The deliberation shall be consistent with all rules governing the deliberation of councils or bureau of regional and local authorities

Section 47:

(1)    The duties of the committee and its chairperson shall be to administer the joint property and rights and carry out all related works. These duties shall correspond to those of councils or board of regional and local authorities and their executive organs in similar circumstances

(2)    Notwithstanding the provisions of the proceeding subsection, the sale exchange , sharing acquisition or transaction in property shall remain the  reserve of council or board which may authorize the chairperson of the committee to conclude the relevant deeds

 

  1. V.    WORKS OF REGIONAL AND LOCAL AUTHORITIES

Section 48: Plans and estimate shall be submitted to the council or board of the regional or local authority before any new construction or reconstruction work is executed on behalf of the regional or local authority concern.

 

  1. VI.  LEGAL ACTION

Section 49:

(1)   The president of the regional council or mayor shall represent them in court

(2)   He may take or cause to be taken any safeguard measures or measures to interrupt the forfeiture of rights

Section 50:

(1)   the council or board shall deliberate on action to be taken or defended on behalf of the regional or local authority

(2)   however , at the beginning of the financial year, the councilor board may empower the mayor or the president of the regional council to defend the interest of the regional or local authority concerned in all matters

Section 51: Appeal against decision of regional or local authorities shall comply with the rules governing administrative disputes or ordinary law disputes as the case may be.

 

  1. VII.          FUNCTIONING OF LOCAL SERVICES

 

Section 52:

(1)   Local public services managed under council supervision shall operate according to the ordinary law provision applicable to State public Services of a similar nature

(2)   However, regional and local authorities may operate services of an industrial or commercial nature where public interest so requires, especially where private initiative is lacking or inadequate.

Section 53: The councils and boards of regional and local authorities shall draw up the list and provisions which shall be set out in the by-laws of service which they intend to run as local industrial or commercial establishments, herein after referred to as “sub-national public undertakings”.

Section 54:

(1)         Where several regional and local authorities are involved, the management of such a sub-national public undertaking may be effected through one of the following ways:

a)      Under the supervision of a regional or local authority representing other regional and local authorities as trustee; or

b)      Under the supervision of a group formed by the said regional and local authorities

(2)    Where the group is formed for the sole purpose of running an industrial or commercial undertaking, the regional or local authorities may request that management of the body so established to merge with that of the rules of sub-national public undertaking. In such case, the articles of association of the group shall be amended in compliance with the provision of this law

Section 55:

(1)   An implementation decree of this law shall  define which service provided by sub-national public undertakings set up by regional and local authorities may be subject to technical supervision by the State

(2)   The standard rules and regulations of the bodies referred to above shall be approved by law

(3)   The statutory approval instruments all outline the measures to be taken where a sub-national public undertakings is unable to carry out its mission

Section 56: Unless otherwise provided for by the law in force, contracts on the concession of local public commercial and industrial services shall be approved by the minister in charge of regional and local authorities under conditions set out in the implementation decree of this law

Section 57: The terms of public service concession contracts concluded by regional and local authorities may not contain any clause that requires the concessionaire to provide service outside those set out in the concession.

Section 58: Public works contracts concluded by regional and local authorities may not provide for the leasing of public revenue-generating activities except for revenue derived from the exploitation of the utility under concession.

Section 59:Enterprise running public services under council supervision shall be bound in all matters of management and preliminary works they may carry out on behalf of the conceding party to respect all control measures and produce all supporting documents in compliance with the law in force.

Section 60: Groupings of regional and local authorities may, through a concession mange services which are of interest to each of the members’ regional or local authority

Section 61:

(1)   Regional and local authorities that have conceded or leased a public utility or service of public interest may amend or terminate a concession or leased contract where the concessionaire defaults due to persistent contingent economic or technical reasons that interrupt the normal provision of the said services

(2)   The provisions of the preceding subsection shall apply mutatis mutandis to the concessionaire or operator

(3)   The regional or local authority concerned must either stop providing the said service or reorganized it on such sound economic grounds

 

  1. VIII.       STTING UP OF PUBLIC CORPORAT ENTITIES AND ACQUISITIN OF SHARES IN PUBLIC SEMI-PUBLIC AND PRIVATE BODIES

 

Section 62:

(1)   Securities acquired by regional and local authorities at the floating of corporations or through shareholding in State enterprises or private companies shall be issue either in the form of registered shared or certificates

(2)   They shall be acquired upon deliberation of the council or board of the regional or local authority concerned and kept by the revenue collector of the said authority; even when they have been used as collateral in management by the board of directors.

Section 63:

(1)   Securities used as collateral by the board of directors shall be non-transferable

(2)   The securities referred to in Section 62(1) may only be transferred upon deliberation and approval under the same condition as for their acquisition

Section 64:

(1)   The regional or local authority shall be liable for as done by its representative on the Board of Directors of a company in which it holds share, without prejudice to a personal liability claim against the said representative

(2)   The personal liability claim referred to in the preceding subsection shall be applicable only in cases of personal error or serious misdemeanor that undermines the interests of the regional or local authority concerned

Section 65: Regional and local authorities or groupings thereof shall not require more than 33% (thirty-three percent) of the share capital of administrative public establishments, local public companies  and other public semi- public private entities.

 

PART IV

 

SUPERVISION OF REGIONAL AND LOCAL AUTHORITIES

 

Section 66:

(1)   The State shall ensure the supervision of regional and local authorities in accordance with the provisions of the law

(2)   Under the authority of the President of the republic, the minister in charge or regional and local authorities and the representative of the state in the regional and local authority shall the supervision of such authorities

Section 67:

(1)   The Governor shall be delegate of the State in the region, in this capacity; he shall safeguard national interest, ensure administrative control, respect of rules and regulations in force and maintain law and order. He shall supervise and coordinate, under the authority of the government, the running of state civilian administrative services in the region

(2)   The Senior Divisional Officer shall exercise supervisory authority of the state over councils

(3)   The Governor and Senior Divisional Officer shall represent the President of the Republic in their administrative units

(4)   They shall also represent the Governor and each minister and shall have authority over deconcentrated government service in their administrative units barring exemptions set out by decree of the President of the Republic

(5)   The Governor and Senior Divisional Officer shall be sole authorities’ empowered to speak on behalf of the State before councils or boards of the regional and local authorities of their administrative units. However they are unavoidably absent and upon a reasoned notification to the minister in charge of regional and local authorities , they may delegate an official from the Governor’s or divisional office , in accordance with the rules of protocol laid down by the always in force

Section 68:

(1)     Instruments issued by regional and local authorities shall be forwarded to the representative of the State in the said regional or local authority who issued a receipt forthwith.

(2)     Proof of receipt of instruments by the representative of the State referred to above may be produced in any form

(3)     The instrument referred to in subsection (1) above shall be fully binding with 15 (fifteen) days from the day of issue of the receipt and upon publication and notification to the persons concern. The representative of the State may shorten this 15 (fifteen ) day period

(4)     Notwithstanding the provision of subsection (1) and (20, the representative of the State may, within 15 (fifteen) days from the date of reception, request a second reading of the said instruments. Such a request shall defer the enforcement of the instrument and statutory deadlines applicable in case of litigation in accordance with the law in force

Section 69: Statutory and individual decision taken by the president of the regional council or mayor in the exercise of their supervisory powers and routine management duties shall become fully binding upon publication or notification to the persons concerned. Such decisions shall be forward to the representative of the State.

Section 70; 

Notwithstanding the provision of Section 68 and 69 above, instruments adopted in the following areas, in additional to special provisions set out in this law, shall be subject to prior approval by the representative of the State

Initial and annex budgets, below-the-line accounts and special expenditure authorizations;

Loans and loan guarantees;

International cooperation agreements;

Land matters;

Securities and shares;

Agreements on the execution and control of public contracts , subject to the thresholds of jurisdiction provided for by the regulation in force;

Awarding public service contracts beyond the term of office of the board;

Recruitment of certain personal according to procedures laid down by regulation.

Regional and council development plans as well as regional land development plans shall be drawn up as much as possible in keeping with the national development plans. Consequently, they shall be submitted for the approval of the representative of the State prior to adoption.

Decisions taken in pursuance of subsection (1) above shall be forwarded to the representative of the State, according to the procedure set out in Section 68(1). The approval of the representative of the State shall be deemed to be tacit, where such approval is not notified to the regional or local authority concerned within a period of 30 (thirty) days from the date of acknowledgement of receipt, by any written medium

The period provided for in subsection (3) may be reduced by the representative of the State at the request of the president of the regional council or the mayor. Such request shall stay the enforcement of the act as well as the calculation of the deadlines applicable in case of litigation, in accordance with the law in force.

Section 71:

(1)   The representative of the State shall inform the president of the regional council or the mayor by any written medium of the illegalities noted in instruments forwarded to him.

(2)   The representative of the State refer to the appropriate administrative court, all instrument provided  for in Sections 68 and 69 that he considers illegal, within a maximum period of 1 (one) month with effect fro the date of their reception

(3)   The administrative court referred to shall be bound to deliver its decision within a maximum period of one month

(4)   Notwithstanding the provision of subsection (2), the representative of the State may cancel instruments issued by local and regional authorities that are grossly unlawful, notably cases of expropriation of trespass, provided that the regional or local authority concern shall have the right to refer the matter to the competent administrative court.

Section 72:

(1)   The representative of the State may append a petition for a stay of execution to his appeal. Such petition shall be granted where on of the ground raised is deemed upon examination, to be serious and warrants the quashing of the of the challenged instrument

(2)   Where the contentious instrument is likely to undermine the exercise of a public or individual freedom, the president of the administrative court to which the matter is referred or one of its members delegated for that purpose, shall order a stay of execution of no more than 48 (forty –eight) hours

(3)   The administrative court may, on its own motion order a stay of execution of any public contract referred to it by the representative of the State for quashing

Section 73:

(1)   The president of the regional council or the mayor may on ground of abuse of power, challenge before the competent administrate court the rejection by the representative of the State pursuant to the provision of Section 70 9(1), in accordance with the procedure provided for by the law in force

(2)   The quashing of the rejection decision by the administrative court concerned ,shall be tantamount to an approval once the decision is notified to the local or regional authority

Section 74: Any natural person or corporate body with an interest may challenge, before the competent administrative court, the instrument referred to in Section 68, 69 and 70, in accordance with the procedure laid down by the law on litigation, from the date on which the contentious instrument became enforceable

Section 75:

(1)     Any general instrument issued by a regional or local authority that becomes enforceable as well as any petition by the representative of the State against such act involving a stay of execution shall be given wide publicity notably by posting it at the chief town of the regional or local authority and the service of the administrative unit concerned

(2)     The procedure laid down in the preceding subsection shall be by notification , where it involves an individual instrument

Section 76: Any request for annulment of an instrument issued by a regional or local authority addressed to the representative of the State by any interested person prior to the date when such act becomes enforcement, shall have no effect on the litigation procedure

Section 77:

(1)   Upon request:

a)      The president of the regional or the mayor shall received from the representative of the state the information required for the performance of his duties

b)      The representative of the state shall received from the president of the regional council of the mayor the information required for the performance  of his duties

(2)   The president of the regional council or the mayor shall inform his council or board of the content of nay correspondence that the representative of the State may address to them.

 

PART V

 

MONITORING ORGANS

 

Section 78:

(1)      A National decentralization Board is hereby set up. Its organization and functioning shall be laid down by decree of the President of the republic

(2)      The National Decentralization Board shall be responsible for the monitoring and evaluation of the implementation of decentralization

 

Section 79: A Local Service Inter-Ministerial Committee is hereby set up. Its organization and functioning shall be laid down by the implementation decree of this law.

 

PART VI

 

MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

 

Section 80:

(1)   Until such time that regional and local authorities have their own resource , deconcentrated government services parts therefore affected by the devolution of powers shall progressively be transferred to theses authorities on the recommendation of the National Decentralization Board

(2)   Before the effective transfer of the service provided for in the proceeding subsection, the conditions for the use of each government services by the regional and local authorities shall be determine by agreement signed between the representative of the State and the president of the regional council for the mayor, according to models laid down by regulation.

As apart of the agreement referred to in the preceding paragraph, the president of the regional council or mayor shall issued all necessary instructions for the performance of the duties assigned to the said service. He shall control the execution of the said duties

Section 81: Standard specification and regulation concerning local public service shall be rendered enforceable by regulation

Section 82: Within a maximum period of one year from the date of publication of regulations provided for in Section 55, concession contracts and regulations on state –controlled projects in force shall be revised, where current operating conditions are observed to be more costly and more disadvantageous to the regional an local authorities or members of the public, than those resulting from the application of provisions laid down in the standard specifications and /or regulation

Section 83: In case of disagreement between the regional or local authority concerned and the concession holder or controller, the minister in charge of regional and local authorities shall decide on the revision of the contract or on the condition for its termination

Section 84:

(1)   The standard specifications and regulations nay be waived only by order of the mister concerned, under special circumstance so established

(2)   The order referred to in the preceding subsection shall be issued on the proposal of the minister in charge or regional ,  and local authorities

 

Sections 85: The regional and local authorities may establish cooperation ties with regional and local authorities of foreign countries, with the approval of the minister in charge of regional and local authorities, following the procedure laid down by the implementation decree of this law

Section 86: Other instruments shall, inter alia, lay down

Rules applicable to regions;

Rules applicable to councils;

The financial regulations governing regional and local authorities

Conditions for the election of regional councilors;

Section 87: One or more bodies shall be set up, as and when necessary, by decree of the President of the Republic, to ensure harmonious development within all local and regional council area on the basis of national solidarities, regional potentials and inter-regional balance

Section 88: The provisions of Law No 74/2 of 5 December 1974 to organize councils and subsequent amendment thereto, as well as those of Law No. 87 /15 of 15 July 1987 to set up and organize city councils are hereby repealed and replaced by the provisions of this law, subject to the enactment of separate instrument provided for in Section 86 and 87 above

Section 89: This law shall be registered, published according to the procedure urgency and inserted-in the Official Gazette in English and French

 

REPUBIC OFCAMEROON                                    PEACE – WORK – FATHERLAND

 

LAW No.    2004/018 OF 22 JUIL 2004

 

TO LAY DOWN RULES APPLICABLE TO COUNCILS

 

The National Assembly deliberated and adopted,

The President of the Republic hereby enacts the

Law set out below:

 PART I

 

GENERAL PROVISION

 

Section 1: This law lays down the rules applicable to councils, in accordance with the provision of the law on the orientation of decentralization

 

Section 2:

(1)   The council shall be a basic decentralization local authority

(2)   The council shall be set up by decree of the President of the Republic

(3)   A decree  to set up a council shall determine its name, its area of jurisdiction and its chief town

(4)   A change of name, chide town or the boundaries of a council may be effected by decree of the President of the Republic

 

Section 3:

(1)      Councils shall have a general mission  of promoting local development and improving the living condition of their inhabitants

(2)      Councils may, to supplement their own resource, request assistance from the population, civil society organization, other regional and local authorities, the State and international partners ,in accordance with the laws and regulation in force

(3)      Resource to the forms of assistance referred to in the preceding subsection shall decided after deliberation by the council concerned and shall, as and when necessary, take into account the relevant draft agreement.

 

Section 4:

(1)   The President of the Republic may, by decree, temporarily group a number of councils together , on the proposal of the Minister in charge of region and local authorities

(2)   A temporary grouping of councils may be consequently upon:

–          The adoption of identical draft agreement by each council concerned. such draft agreement shall enter into force in accordance with the procedure stipulated in the preceding subsection ;

–          A grouping plan drawn up by the Minister in charge of regional and local authorities. in this case , the draft agreement may, as and when necessary, be submitted for ratification to the council concerned

(3)   The decree to institute the temporary grouping of councils shall lay down the condition Therefore.

 

Section 5:

(1)   Property belonging to a council that is attached to another or to part of a council that has been raised to the status of an autonomous council shall becomes the property of the council of attachment or the new council.

(2)   The decree to attach or split up councils shall define all other condition, including the devolution of property

 

Section 6: The decree of the president of the Republic to attached or split councils shall be issued upon the recommendation of a committee appointed by order of the representative of the State to examine issued on the sharing of assets and liabilities between the State and the Council of attachment or part of a council involved. The committee shall consist of representative of deliberative organs of the councils concerned

Section 7: Where councils are grouped, councils and executives of the council concern shall remain in office until the expiry of their term

 

Section 8: Certain urban centers, because of their special nature, may be granted a special status, in accordance with the provisions of this law

 

PART II

 

MANAGEMENT AND USE OF PRIVATE PROPETY

 OF THE STATE PUBLIC PROPERTY AND NATIONAL LAND

 

CHAPTER I

PRIVATE STATE LAND

 

Section 9:

  1. The State may transfer to councils all or part of its movable or immovable private property, or enter agreement with the said councils on the sue of such property
  2. The transfer by the state of movable and immovable property provided for in the preceding subsection, may be effected, either on the initiative of such councils or of the State

 

Section  10: In accordance with the provisions of Section 12 of this law, the State may either facilitate the freehold by councils to all or part of the State’s manageable and immovable private property, or simply grant theses regional and local authorities user rights over of its movable and immovable property.

 

CHAPTER II

 

MANAGEMENT AND USE OF PUBLIC

COASTLAND AND WATERWAYS

 

Section 11:

(1)    The council shall be bound to seek the authorization of the regional council after deliberation for local projects initiated on public coastland and waterways

(2)    The deliberation referred to in the preceding subsection shall be subject approval by the representative of the State

 

Section 12:

(1)      In zones falling under public coastlands and waterways for which  special development plans have been approved by the state , Management committees shall be delegated by the latter to the councils concerned, for areas of which have been devolved upon them in the above mentioned plans

(2)      The royalties  accruing there from shall be paid to the councils concerned

(3)      Management instruments   issued by the mayor  shall be submitted for approval by the representative of the State and then forwarded to the council for information 

 

CHAPTER III

 

NATIONAL LAND

 Section 13:

(1)   Projects  or operations initiated by a council shall be executed in accordance with the land tenure laws and regulations in force

(2)    For the use projects or operations which it initiate on national land, the State shall take a decision after consultation with the council concerned, where national defense or public policy requirements dictate otherwise.

(3)   The decision referred to in the preceding subsection shall be submitted  for information , to the council concerned

 

Section 14: Lands considered as national land may, as and when necessary, be entered in the name of the council, especially to serve as a basis for public projects

 

PART III

POWERS DEVOLVED UPON COUNCILS

 

CHAPTER I

ECONOMIC DEVELOPMENT

 

  1. I.   ECONOMIC

 

Section 15: The following power shall be devolved upon councils

Development of local agricultural ,pastoral, handicraft and fish farming activities;

Development of local tourist attractions;

Building ,equipment, management and Maintainace of markets , bus stations and slaughter-house;

Organization of local trade fairs

Provision of support to income and job generating micro projects

 

 

  1. II. ENVIRONMENETAL AND NATURAL

RESOURCE MANAGEMENT

Section 16: The following powers shall be devolved upon councils:

Drinking water supply

Cleaning up of council streets, roads and public parks;

Monitoring and control of the management of industrial waste;

Reforestation and creation of council  forest;

Combating insanitation, pollution and nuisance ;

Protection of underground and surface water resources

Preparation of council environment action plans

Creation, maintenance and management of council lawns ,parks and garden

Local management of household waste

 

 

  1. III.             PLANNING ,RURAL DEVELOPMENT,

                                   URBAN DEVELOPMENT AND HOUSING

Section 17: The following powers shall be devolved upon councils

Developing and managing public urban parks;

Drawing up and executing council investment plans;

Awarding in association with the state or the region ,contract-plan for the achievement of development objectives;

Preparing land tenure plans town planning ,documents and concert development, urban rehabilitation and land consolidation plans;

Organization and managing public urban transport;

Carrying outland development operation;

Issuing town planning certificates, authorizations to subdivided real estate, authorizations to settle, building and demolition permits;

Building and maintaining council roads and conducting similar activities;

Developing and servicing housing estate;

Lighting public highways;

Addressing and naming streets, public squares and edified;

Constructing and maintaining unclassified rural roads and ferry-boats;

Setting up industrial zones;

Contributing to the electrification of areas inhabited by the poor;

Granting authorizations for temporary settlement and other works

 

Section 18: The Council shall give its opinion on regional development plans their approval, under condition laid down by regulation.

 

 

CHAPTER II

 

HEALTH AND SOCIAL DEVELOPMENT

Section 19: The following power shall be devolved upon councils;

Health and Population

 

Civil status registered ;

Setting up, equipping, managing and maintaining council health centers in keeping with the health map;

Assisting health and social centers;

Ensuring sanitary inspection in establishments that manufacture, package, store and distribute food products as well as in plans that treat solid and liquid waste produced by individual by individual or enterprises

 

Social Welfare

Participating in the upkeep and management ,where necessary of social advancement and integration centre;

Constructing ,maintaining and management public cemeteries;

Organizing and coordinating relief operations for needy persons.

 

 

CHAPTER III

EDUCATIONAL, SPORTS

AND CULTURAL DEVELOPMENT

 

  1. I.                   EDUCATION, LITERACY EDUCATION

                                      AND VOCATIONAL TRAINING

Section 20: The following power shall be devolved upon councils:

 

(a)    Education

–    In keeping with the school map, setting up, managing, equipping, tending and maintaining council nursery and primary schools and pre-school establishment;

–    Recruiting and managing back-up staff for the schools;

–    participating in the procurement of school supplies and equipment;

–    Participating in the management and administration of State high schools and college in the region through dialogue and consultation structures.

 

(b)   Literacy education

–    Executing plans to eradicate illiteracy, in conjunction with the regional administration;

–    Participating in the setting up and management of educational infrastructure and equipment

 

(c)    Technical and vocational training

–    Preparing a local forward-looking plan for training and retraining

–    Drawing up a council plan for vocation integration and reintegration;

–    Participating in the setting up, maintenance and management of training centers.

 

  1. II.                YOUTH, SPORT AND LEISURE

Section 21: The following powers shall be devolved upon the councils

–          Promoting and coordinating sports and youth activities;

–          Supporting sports associations;

–          Constructing and managing municipal stadium, sports centers and courses, swimming pools, playgrounds and arenas;

–          Identifying and participating in the equipment of sports associations;

–          Participating in the organization of competitions.

 

  1. III.             CULTURE AND DEVELOPMENT

                                            OF NATIONAL LANGAUGE

Section 22: The following powers shall be devolved upon councils:

(a)    Culture

–       Organizing cultural weeks ,traditional cultural events and literary and artistic competitions at the local level;

–       Setting up at the local level, orchestras ,traditional opera ensembles, ballets groups and theaters troops;

–       Setting up and managing socio-cultural centers and public libraries;

–       Providing support to culture associations

 

(b)   Development of national languages

–       participating in regional programmes for the development of national languages;

–       participating in the setting up and maintenance of infrastructure and equipment

PART IV

 

COUNCIL ORGANS

Section 23: Councils shall have the following organs

–       The Council;

–       The Council Executive

 

CHAPTER 1

 

COUNCIL

 

  1.                                                                                                                                                             I.      COMPOSITION

Section 24: The council shall comprise elected councilors in accordance with terms and conditions laid down by the law.

 

Section 25:

(1)   The number of councilors shall be fixed as follows:

 

–       less than 50.000 (fifty thousand) inhabitants: 25 (twenty-five councilors);

–       from 50.000 (fifty thousand) t0 100.000(one hundred thousand) inhabitants: 31 (thirty-one) councilors;

–       from 100.001(one hundred thousand and one) to 200.000 (two hundred thousand0 inhabitants: 35: (thirty-five) councilors

–       from 200.001(two hundred thousand and one) to 300.000(three hundred thousand) inhabitants: 41 9forty-one) councilors

–       over 300.000(three hundred thousand) inhabitants: 61 (sixty-one) councilors;

 

(2)   The official population census immediately preceding the municipal elections shall serve as the basis for determining the number of councilors per council area, pursuant to the provisions of the statutory instruments.

 

  1.  II.DUTIES

Section 26:

(1)   The council shall be the deliberate organ of the council area.

(2)   It shall settle council matters by deliberation

 

Section 27: The council shall decide on matters under the law on the orientation of decentralization as well as those under this law

 

Section 28:

(1)   The council may delegate the exercise of apart of its duties to the councilors save for those mentioned in Section 41(1) below

(2)   The decision to delegate duties shall be specific in a resolution explaining out the extent of the duties so delegated

(3)   At the expiry of the delegation , the council shall be informed

 

 III.   FUNCTIONING

Section 29:

(1)   The council shall hold its meetings in the council hall or in the surrounding used as council premises. However, the mayor may, exceptionally, convene the council in any other appropriate venue situated within the council area, where circumstances so warrant. In such case, he shall inform the representative of the State and the councilors no less than 7 (seven) days before xxxx of the meeting

(2)   The council shall be chaired by the mayor or where he is avoidably absent, by a deputy mayor in order of precedence

 

Section 30:

(1)   The council shall meet in ordinary session once every quarterly period not exceeding 7 (seven) days

(2)   During ordinary sessions, the council may deliberate only on matters falling within its ambit

 

Section 31:

(1)   The major may convene an extraordinary session of the council whenever he deems it appropriate. He shall also be bound to convene such a session when a reasoned request is made by two-thirds of the current members of the council.

(2)   The representative of the State may request the mayor to convene an extraordinary session of the council

(3)   Convening notices shall be signed by the mayor and shall xxx a specific agenda. The council shall not examine any other business… the addenda

(4)   Where the mayor fails to perform the duties set out in subsections(1),92) and (30 above, after due notification, the representative of the State sign the convening notices for the holding of the council meetings

 

Section 32: The  convening of the council shall be in writing addressed to the municipal councilors , entered in the record of proceedings posted at the town hall or council office, within 15 (fifteen) clear days before the meeting . In case of emergency, this period shall be reduced to 3 (three) days

 

Section 33:

(1)   The council may validly conduct business only where 2/3 (two-thirds of its members are present.

(2)   Where the quorum is not met after a session has been duly convened, any decision taken after the convening of a second session within a  one-day interval shall be enforceable  if  half of the councilors are present

(3)   Where the country is under general mobilization, the council should validly conduct business at the first meeting where the majority of its non-mobilized members are in attendance.

 

Section 34:

(1)   Decision shall be taken by a simple majority of votes

(2)   Councilor who is unable to attend a meeting may give a localized proxy to a peer of his choice to vote on his behalf. A councilor may have only one proxy. Except in the case of duly ascertained illness, a proxy may be used during more than 2(two) consecutive sessions.

(3)   Voting shall be by open ballot. In case of a tie, the chairman xxx have the casting vote. The full names of voters and their ballots shall be included in the minutes

(4)   Notwithstanding subsection (3) above, voting by secret ballot xxxx apply at the behest of 1/3 (one-third) of the councilors present or in case of inclination or representative. In the latter case, and after two rounds of voting, where no candidate scores an absolute majority, a third round shall be conducted and the election shall be won by a relative majority. In case of tie, the first candidate shall be declare a winner.

 

Section 35:

(1)   During sessions to examine the administrative account of the mayor the council shall elect a pro tem chairman. In this case, the mayor may hand the proceedings but shall be bound to retire in case of elections.

(2)   The pro tem chairman shall be directly forward the decision by way of a report to the representative of the State

 

Section 36:

(1)   At the beginning of and throughout each session, the council shall appoint one or more members to assist the secretary general throughout the meeting in his secretarial duties

(2)   The secretary-general may also requisition support staff from the council personnel. Such  support  staff  shall attend  the proceedings without voting rights

(3)   The representative of the State or his duly authorized representative shall attend sessions ex officio. He shall take the floor as and when necessary but may not vote or chair the council. His statement shall be accorded in the minutes.

(4)   The council may, if so deems necessary, seek the authorization of the representative of the State to consult, in session, civil servants or State employees. It may also consult any other persons on account of their expertise, allowing the same procedures.

 

Section 37:

(1)   Sessions of the council shall open. However, at the request of the mayor or 1/3 (one-third) of its members , the council may conduct business in by-camera

(2)   The council shall meet in camera as of right where it is required give its opinion on the following specific and general matters:

–       school grants;

–       free medical care;

–       assistance to elder persons, families ,poor persons and disaster victims;

–       consideration of matter outline in Section 51 and 53 below

 

Section 38:

(1)   The pro tem chairman shall steer the meeting.

(2)   The conditions for the implementation of the preceding subsection shall defined in the rules of procedure

 

Section 39: Any contempt or insult to the mayor or pro tem chairman during the discharge of their duties shall be punishable under the Penal Code

 

Section 40:

(1)   Extracts of proceedings of the session shall be posted at the town hall or council office within 8 (eight) days

(2)   The mayor shall approve the posting of the proceedings and each approval shall be recorded in the record of proceedings

(3)   Proceedings shall be recorded chronologically in a registered numbered and signed by the representative of the State. They shall be signed by the councilors in attendance. Where some councilors abstain from signing, the record shall state the reasons thereof.

 

Section 41:

(1)   The council may, during the first annual, set up committees to study matters falling within its powers. Each committee shall have a chairperson and secretary.

(2)   Committees may meet during and in-between sessions. Membership of the committees shall be honorary. However, any cost incurred by  their running  shall be borne by the council budget

(3)   Committees shall be convened by the chairperson with 8 (eight) days of their established. During the first meeting, each committee shall designate a vice-chairperson who shall deputise if the chairperson is duly unavoidably absent. Thereafter, they may be convened within a shorter time-frame at the request of the majority of their members.

(4)   The chairperson invites any person on account of his expertise to xxxx. Committee meetings in an advisory capacity. Such attendance may be remunerated by decision of the council

 

Section 42:

(1)   The council may, at the request of the majority  if its members, invite any person to attend proceedings on account of his expertise

(2)   Persons invited to attend proceedings in an advisory capacity be remunerated in keeping with Section 41 (4) above

 

Section 43: Council may allocate allowance or special benefits to civil servants or State employees assigned to perform secondary activities in councils in accordance with the law on the orientation of decentralization.

 

Section 44: Decisions by the council to grant council personnel wages and xxxx otherwise intended for personal referred to in the proceeding Section, the purpose of granting to the said personnel a status better than that sided for by the regulations in force, shall be deemed illegal

 

Section 45: The provisions of the preceding Section shall be applicable to decision taken by state–controlled bodies running a public utility under council supervision for their personnel.

 

  1.   IV.      SUSPENSION,DISSOLUTION,TERMINATION OF DUTIES AND REPLACEMENT OF THE COUNCIL

Section 46:

(1)   The council may be suspended by reasoned order of the minister in charge of regional and local authorities where it:

a)      Acts unconstitutionally;

b)      Undermines the security of the State or public law and order;

c)      Threatens the country’s territorial integrity;

d)     Cannot sustainable perform its normal duties

 

(2)   Suspension provided for under the preceding subsection may not exceed two months.

 

Section 47: (1) The President of the Republic may dissolve the council by decree under the following circumstances;

 

a)      In any of the cases referred to in Section 46(1);

b)      Where there is a persistent breakdown or inability to restore normalcy after the period set out in Section 46(2)

 

Section 48:

(1)    Any member of the council duly convened who, without just cause has failed to attend three successive may, after a request by the mayor to furnish explanations, be deem upon the recommendation of the council to have resigned by the minister in charge of regional and local authorities.

(2)    The decision, which shall be notified to the member concerned and to the representative of the State, may be appealed before a competent court.

(3)    The councilor deem to have resigned in accordance with the provisions of subsection (1) above  may run for the council by or general council election immediately following such resignation.

 

Section 49:

(1)   Employers shall be bound to allow their employees who are councilors the necessary time to attend plenary sessions of the council or of its committees

(2)   Suspension from duly as provided in the preceding subsection shall not give rise to the termination of an employment contract by an employer under pain of damages and compensation paid to the employee

 

Section 50:

(1)   Any member of the council, who, without good ground fails to perform his duties under the rules and regulation in force may upon the recommendation of the Council, is deemed to have resigned by the minister in charge of regional and local authorities.

(2)   Failure to perform the duties referred to in the preceding subsection shall be ascertained either by a written notification addressed to the competent authority or made public by such member, or persistent abstention after warning by the minister in charge of regional  and local authorities

(3)   The ensuring decision may be appealed before a competent court

 

Section 51: Resignations shall be sent by registered mail to the mayor with a copy to the representative of the State. Resignation shall be considered definitive with effect from the date of acknowledgement of receipt by the mayor or failing that, within a maximum period of one month from the date of forwarding of a new resignation by registration mail

 

Section 52:

(1)   In time of war, the President of the Republic may, by decree suspend the activities of the council for the purpose of maintaining law and order or safeguarding the general interest until the end of hostilities

(2)   The same decree shall appoint an ad hoc body empowered to take decisions on behalf of the council. It shall  define the composition of the body and appoint its chairman and his vice

 

Section 53:

(1)   In case of dissolution of the council or resignation of all its current members and where a new council cannot be established, a special body shall performed its duties.

(2)   Within 8(eight) days following the dissolution or acceptance of the resignation, such  special body shall be appointed by order of the minister in charge of regional and local authorities who shall appoint the chairman and his  vice

(3)   The special body shall comprise 3(three) members in council with a population of no more than 50.000 inhabitants. The number may be increased to 7(seven) in councils with a higher population.

 

Section 54:

(1)   The special body shall perform the duties of the council

(2)   However, it shall not:

–       transfer or exchange council property;

–       increase budget provision;

–       set-up public services

–       vote loans

 

Section 55:

(1)     Where council elections are postponed on account of mobilization, the special delegation shall be empowered to take the same decision as the council.

(2)     In case of dissolution of the council, or where, in pursuance of the provision of Section 53 (2) above, a special body is appointed , council reelection shall be held within 6(six) months as from the date of dissolution or of the last resignation

(3)     The time frame referred to in the preceding subsection may be attended by decree of the Present of the Republic for a period of 6(six) months, renewable not more than 3(three) times

 

Section 56: The reconstitution of the council shall automatically terminate the ties of the special body

 

Section 57:

(1)   Pursuant to Section 53 above, the chairman shall perform the ties of mayor and the vice-chairman those of deputy mayor.

(2)   Their powers shall be terminated in accordance with the provision of Section 56 above.

 

CHAPTER II

 

COUNCIL EXECUTIVE

  

  1. I.                   REGULATIONS GOVERNING THE MAYOR

AND DEPUTY MAYOR

Section 58:

(1)   The mayor and his deputies shall be the executive organ of the council

(2)   The mayor shall be the head of the council executive. he shall be  assisted by deputy mayors in order of their election

(3)   The mayor and deputy mayors shall reside within the council area

(4)   Depending on the number of councilors, the number of deputy mayors shall be determined as follows:

–       Council with from twenty-five(25) to thirty-one (31) councilors: 2 (two) deputy mayors

–       Council with from thirty-five(35) to forty-one (41) councilors: 4 (four) deputy mayors;

–       Council with sixty-one (61) councilors: 6(six) deputy mayors.

 

Section 59:

(1)   Where  any obstacle or remoteness makes it difficult, hazardous, momentarily impossible to communicate between the chief town and a part of the council, the position of special deputy mayor may be instituted in the council decision of the council which shall state the reason therefore

(2)   The special deputy provided for in the preceding subsection shall be elected from among the councilors resident in that part of the council the special assistant:

–       shall act as civil status registered

–       may enforce policing laws and regulation in that part of the council area

(3)   The duties of special deputy mayor shall cease as soon as the situation returns to normal. A decision of the council shall established such accusation

(4)   The decision referred to in subsection (1) above shall be subject prior approval by the representative of the State

 

Section 60:

(1)   The representative of the State convenes the first session of the council on the second Tuesday following the date of proclamation of results of the council elections. The said session shall be devoted to the election of the mayor and deputy mayors. The distribution of positions of deputy mayors shall, much as possible, reflect the configuration of the council

(2)   The mayor shall be elected by majority vote under the double ballot single-candidate system. The election shall be won in case of absolute majority of the votes cast during the first ballot. Where an absolute majority is not obtained after the first ballot, a second ballot shall be conducted. The candidate who obtains a relative majority of the votes shall then be declared elected. Incase of a tie, the eldest candidate shall be the winner of the election.

(3)   After the election of the mayor, the deputy mayor shall be elected by proportional representation under the list system following the principle of the highest average. only ballot paper bearing a number of names corresponding to the number of candidates to be elected shall be valid

(4)   The elections referred to in subsection (2) and (3) above shall be by secret ballot.

 

Section 61: The council session devoted to the election of the mayor shall be chaired by the eldest member who shall be assisted by the youngest member.

 

Section 62: The chairman of the said council session shall publish the list of elected candidate within a period not exceeding 24 (twenty-four) hours following the proclamation of results by posting it at the town hall or at the council office. The said list shall, within the same time frame, be forwarded to the representative of the State.

 

Section 63: (1) The election of the mayor and deputy mayor shall be elected for a term of office corresponding to that of the council.

 

Section 64:

(1)    The election of the mayor and deputy mayors may be subject to an appeal for cancellation, in keeping with the laws in force governing the cancellation of election of councilors.

(2)    In case of cancellation of the election or where for any other reason, the mayor or deputy mayors cease to discharge their duties, the council shall be convene to replace them within a maximum period of one month.

 

Section 65: The office of mayor shall be incompatible with that of:

–       member of government of persons ranking as such;

–       member of parliament and senator;

–       administrative authority;

–       ambassador or official of a diplomatic mission;

–       secretary-general of a ministry or persons ranking as such;

–       director in the central administration;

–       law enforcement office;

–       staff of the council concerned;

–       financial official having to handle the finance or accounts of the council concerned

 

Section 66:

(1)   The mayor, deputy mayor, councilor, chairman and member of the special body shall be entitled to a session allowance or to reimbursement of expenses incurred in the discharge of the duties assigned to them

(2)   The allowance referred to in the preceding subsection shall be fixed by decision of the council and following modalities determine by order of the minister in charge of regional and local authorities.

Section 67:

(1)     Mayor and their deputies shall be entitle to remuneration, duty and entertainment allowance the amounts of which shall be fixed following a scale determine by statutory instruments.

(2)     A deliberate of the council concerned ,approved by the Minister in charge of regional and local authorities  shall determine , for each council, the amounts of the remuneration and allowance referred to in subsection (1) above.

(3)     In case of dissolution of the council, the said allowance shall be paid to the chairman and vice –chairman of the special body, in the same proportions and under the same condition as for the mayor and deputy mayor.

 

Section 68:

(1)    Payment of damages as a result of an accident in the performance of duty of mayor, deputy mayor, chairperson and vice-chairperson of the special body shall be borne by the council.

(2)    Councilors and members of the special body shall be entitle to the protection provided for the preceding subsection, in the discharge of a special duty

 

Section 69: Mayor, deputy mayors, chairperson and vice-chairman of special bodies shall be protected in accordance with the criminal and special laws in force against threats, contempt, violence, insults or defamation to which they may be subject in the discharge of their duties

Section 70:

(1)   In the event of death, resignation or dismissal of a mayor or a deputy mayor, the council shall be convened to elect a new mayor or deputy mayor, within 60(sixty) days following such death, resignation or dismissal.

(2)   The council shall designate a deputy mayor, according to the order of precedence or, failing that, one of the 5 (five) eldest councilors to act during the interim period provided for in Subsection (1) above.

(3)   In case of vacancy of the position of deputy mayor, the deputy mayors in active service shall have a pre-emptive right over the replacement candidates, according to the order of precedence established during the previous election

 

  1. II.                DUTIES OF THE MAYOR

Section 71:

(1)   The mayor shall represent the council in all civil matters and before the law courts. To that end, the mayor under the supervision of the council, shall be responsible for:

–       Preserving ,maintaining and administering council property and assets and safeguarding them;

–       Managing council revenue and supervising council service and accounts’

–       Issuing building or demolition permits and land tenure authorization;

–       Preparing and submitting the budget, authorizing expenditure and prescribing revenue collection;

–       Directing council projects;

–       Ensuring the implementation of development programmes financed by the council or carried out in conjunction with the council;

–       Taking measures concerning the municipal road network;

–       Inviting tenders, concluding leases and awarding contracts for council works , in accordance with the regulations in force;

–       Executing, according to the same rules ,deeds for the sale, exchange, sharing, acceptance of donations or legacies , for acquisition, transaction, where such deed have been authorized by the council;

–       Taking , in the absence of owners or holders of hunting permits notified beforehand, all measures necessary for the destruction of animals declared harmful, in accordance with the laws and regulations in force, and ultimately, requisitioning residents with the appropriate weapons and gongs for hunting such animals, to monitor and ensure implementation of such measures and to draw up a report thereon;

–       Ensuring environmental  protection and , accordingly, taking measures to prevent or eliminate pollution and nuisances, protecting public parks and helping to embellish the council;

–       Filling council vacancies and, in general, implementing the decision of the council.

(2)   The mayor shall be the authorizing officer for the council budget

 

Section 72:

(1)    The mayor may, under his supervision, delegate by order part of his duties to his deputies and, where the latter are absent or unavailable, to council members.

(2)    The delegation of duties referred to in the preceding subsection shall remain effective until revoked. However, the said delegation shall cease, without having been expressly revoked , in the event of the mayors death, suspension, dismissal or declared resignation

 

Section 73: where the mayor’s personal interest conflict with those of the council, the council shall designate another council member to represent the council, in particular, before the law courts or in any contractual transaction

 

Section 74:

(1)     The mayor shall recruit, suspend or dismiss workers governed by labour and collective agreements.

(2)     The mayor shall assign and manage staff placed under his authority

 

Section 75:

(1)   A model list of council jobs taking into account the size of the various councils shall be enforceable by order of the minister in charge of regional and local authorities

(2)   The Amount and method of remuneration of council staff as well as my allowance to which they may be entitled shall be determined by regulation.

 

Section 76: under the authority of the representative of the State, the mayor shall be responsible in his council for:

–       The publication and enforcement of laws, regulations and measures of a general character;

–       Implementing general security measures

 

Section 77: The mayor and deputy mayors shall be civil status registrars. In this capacity, they shall be bound to take an oath before the competent court

 

Section 78:

(1)   During official ceremonies and solemn occasions the mayor and deputy shall in the exercise of their duties, wear sashes in national colours, with a gold fringed tassel for the mayor and silver fringed tassels for deputy mayors

(2)   During the official ceremonies and occasions referred to in subsection(1) municipal  councilors shall wear insignia the characteristic of which shall be determined by statutory instruments;

(3)   Provision shall be made in the budget of the council concerned for the acquisition of the sashes and insignia referred to in subsections (1) and (2) above

 

Section 79: The council executive shall give its approval when required by the representative of the State or in accordance with the laws and regulations in force. It shall, in particular, be responsible for:

–       Drawing up the agenda for council sessions;

–       Implementing development activities and mass participation

–       Controlling the collection of council taxes, duties and levies ; and shall propose, where necessary, measures to improve the collection of such taxes , duties and levies;

–       Following up the execution of council project.

 

Section 80:

(1)    The Council Executive shall be assisted by a Secretary General.

(2)    The secretary general shall be the main coordinator of council administrative services. To this end, he shall have the delegation of signature for the smooth accomplishment of his duties.

(3)    The minister in charge of regional and local authorities shall, by order, appoint and dismiss secretaries general of councils.

(4)    The secretary general shall attend meetings of the council executive and shall provide secretarial service thereof.

 

Section 81:

(1)   The minister in charge of regional and local authorities shall, on the proposal of the representative of the State and after the approval of the mayor, set up special civil status registries by order within some council. Such registries shall be attached to the main civil status registry at the council.

(2)   In the case provided for in subsection (1) above, the duties of civil status registrar shall be exercised by person appointed by the minister in charge of regional and local authorities upon the recommendation of the representative of the State.

(3)    Copies of the orders setting up special civil status registrars and those appointing the civil status registrars shall be forwarded to the president and the state counsel of the competent court in whose area of jurisdiction the council  concerned is located.

(4)    The duty of civil status registrar in main registries shall be honorary. In special registries ,civil status registrars shall be entitled to an allowance the condition of payment and amount of which shall be fixed by order of the minister in charge of regional and local authorities

 

Section 82:

(1)   The mayor or deputy mayor shall legalize any signature signed in his presence by any of his known subject or one that is accompanied by two known witness. He shall, at the request of the signatory ,legalize any signature  that is similar to the mode left by the signatory in a special register kept in the council

(2)   Finger prints cannot be legalized. however , the mayor or deputy mayor can certify that they were made before them

(3)   The signatures given by councilors in the discharge of their duties shall be valid in all circumstance without having to be legalized so long as they have the council stamp affixed thereon.

 

Section 83:

(1)   The mayor or acting deputy mayor shall urgently ensure that any deceased person is dressed and buried decently without any discrimination bases on ethnic, racial, political, philosophical or religious grounds.

(2)   Where the mayor fails to carry out his duty, the representative of the state shall take the necessary measures to provide the services referred to in the preceding subsection

 

Section 84:

(1)   The mayor shall, by order;

–       take local measures concerning objects left under his care and authority by the laws in force;

–       ensure the implementation of laws and regulation to maintain order

(2)   He shall ensure the respect of measures to maintain law and order taken by him.

 

Section 85:

(1)   All instrument issued by the mayor or the council shall be immediately forwarded to the representative of the State who shall control them in accordance with the law on the orientation of decentralization

(2)   Such instrument shall become enforceable in accordance  with the provision of the law referred to in subsection (1) able and shall be registered on the date of issuance in a special register kept in the council

 

Section 86:

(1)   Under the control of the representative of the State, the mayor shall be responsible for the municipal policies and for the implementation of State instruments relating thereto.

(2)   The creation of a council police service shall be authorized by decision of the council shall define its duties, logistics and functioning.

(3)   The decision referred to in subsection (2) above shall be submitted  for prior approval by the minister in charge of regional and local authority

 

Section 87:

(1)   Subject to the provision of Section 92 below, the purpose of the council police shall be to ensure public order, safety, peace, security and sanitation

(2)   Its duties shall include:

a)      safe and convenient passage in public streets, wharfs, places and ways that is , the cleaning ,lighting, removal of obstructions, demolition or renovation of buildings falling in ruins, forbidding people from placing any objects on windows or any part of the building that may cause or produce harmful exhalation;

b)      the means of transportation of deceased person, interment and exhumation, the maintenance of order and decency in graveyards without any body being authorized to make distinctions or write special prescriptions stating the circumstance of the death;

c)      the inspection of apparatuses and /or instruments used in weighing or measuring foodstuffs  and the sanitation of edible foodstuffs expose for sale;

d)     prevention through convenient precaution and intervention through the provision of the required assistance in case of accidents or diseases such as fires, floods or nay other natural accidents, epidemic or contagious disease, epizooties , the implementation of emergency measures as concerns security, assistance and aid, and if need be call for the intervention of the representative of the state to whom an account of the measures taken shall be given;

e)      measures taken concerning the insane who may compromise public morality, the security of persons or the conservation of property;

f)        intervention to prevent or remedy some unfortunate events that may be cause by stray animals;

g)      The demolition of building without building permits

 

Section 88: The duties assigned to the mayor in case of the serious or imminent danger referred to in Section 87 above shall not obstruct the power of the representative of the State to take nay safety and security measures required by the circumstance within the administration area of the council.

 

Section 89:

(1)   The mayor shall exercise policies power on road traffic within his council area.

(2)   In return  for the payment of levies fixed by the council , he may grant parking permits or authorizations for the temporary use of public roads, rivers, river ports and quays and other public places under the jurisdiction of the Council on condition that usage does not hinder traffic on the public road or waterway.

(3)   The mayor shall grant temporary and revocable permits for the use of public roads in accordance with the law and regulations in the ground or on the public road of network for the supply of water, electricity or telephone service.

 

Section 90: The mayor may instruct beneficiaries of property or farmers or any other owner or user of property to build good fences round their wells and excavations that constitute a danger to public security as well as insalubrious lands that are dangerous to public health.

 

Section 91:

(1)   The powers vested in the mayor under Section 86 to 90 above shall not bar the power of the representative of the State to take all measures relating to public order, security, sanitation, safety and peace for all the councils of a district or for one or more of them in cases where council authorities fail to act.

(2)   The power referred to in the preceding subsection may be used by the representative  of the State in a council only after a warning unheeded to by the mayor where the council concerned  has a police service

 

Section 92:

(1)   Where there is no council police service, the mayor may set up a sanitation service which will be responsible for sanitary inspection in the council area.

(2)   The official in charge of the service provided for in subsection (1) above shall take oath before the competent court

 

Section 93: Concerning the council police, the council may express its wishes and opinion but shall not in any case give order to the mayor

 

  1. III.             SUSPENSION,TERMINATION OF DUTIES AND REPLACEMENT OF THE COUNCIL EXECUTIVE

 

Section 94:

(1)   in case of infringement of the law s and regulations in force or of serious misconduct, mayors and deputy mayors may be suspended by order of the minister in charge of regional and local authorities for a maximum period of three months after hearing them or requesting them to furnish written explanation on the acts for which they are accused. After such period they shall either be rehabilitated or dismissed.

(2)   The dismissal referred to in preceding subsection shall be  by decree of the President of the Republic

(3)   The suspension orders and dismissal decree shall give reason thereof

(4)   The suspended or dismissed mayors and deputy mayors shall maintain their status as councilors.

 

Section 95:

(1)    In case of embezzlement or an infringement leading to penalty together with the serious deficiency or serious misconduct in the discharge of their duties, the mayor and deputy mayors shall be dismissed by decree of the President of the Republic under the conditions provided for in Section 94 above.

(2)    After being heard, they may also be suspended by decision of the council during an extraordinary session convened at the initiative of the representative of the State or by 2/3 majority of the councilors. Such decision shall automatically suspend the mayor and deputy mayors as soon as it is adopted. It shall be enforceable by order of the minister in charge of regional and local authorities

 

Section 96:

(1)   Where the mayor fails or refuses to perform acts required of him by the laws and regulations in force, the minister in charge of regional and local authorities shall order the performance of the acts when informed by the representative of the State after formally notifying the mayor

(2)   Where a measure involves several councils, the Minister in Charge of regional and local authorities shall act in place of the mayors of the councils concerns when informed by the representative of the State.

 

Section 97:

(1)    The notification referred to in Section 96 above shall be forward to the mayor concerned through any means with written trace.

(2)    It shall indicate the time-limit granted to the mayor to submit his reply to the representative of the State

(3)    Where no reply is given  at the expiry of the time-limited  set out in subsection (2) above, such silence shall be deemed to be a refusal

 

Section 98:

(1)   The mayor or deputy mayor who, for some reason after his election, no longer fulfils the conditions required to be mayor or deputy mayor or who finds himself in one  of the cases of incompatibility referred to in Section 65 above, shall immediately stop performing  his duties.

(2)   Where the minister in charge of regional and local authorities is informed by the representative of the State, he shall order the mayor or deputy mayor to immediately hand over service to his replacement appointed in   accordance with the provisions of Section 103 below, without waiting for the installation of his successor. Where the mayor or deputy mayor refuses to resign, the minister in charge or regional and local authorities shall suspend him by order, for a period determine by the said minister. His duties shall be terminated by decree of the President of the Republic.

 

Section 99:

(1)   Where a mayor is appointed to a post that is incompatible with his status, he shall be bound to make a choice within a time-limit of 30 (thirty) days.  After this time-limit, the minister in charge of regional and local authorities informed by the representative of the State shall call on the mayor to relinquish one of the posts.

(2)   Where the mayor refuses or after a maximum  period of 15 (fifteen) days following the notification referred to in the preceding subsection , the mayor shall be declared to have resigned by order of the minister in charge of regional and local authorities.

 

Section 100:

1)            Resignations of mayors and deputy mayor’s shall be addressed to the minister in charge of regional and local authorities by registered mail, with acknowledgement of receipt. They shall become final with effect from the date of their acceptance by the minister in charge of regional   and local authorities or, where applicable, after a maximum period of one month from the date of dispatch of a new mail.

 

2)            Mayors and deputy mayors who have resigned shall, subject to a provision of Section 103 below, continue to discharge their duties until their successors have been installed.

 

3)            However, in case of complete renewal, the duties of mayors and deputy mayors shall, with effect from the installation of the new council and until the election of the mayor and deputy mayors, be discharge by the councilors according to the order of election.

 

Section 101: The criminal law provision in force shall be applicable to any mayor who resigns with the intent of hindering or suspending either the administration of justice, or the performance of any duty whatsoever

Section 102: Dismissal shall as of right entail ineligibility for the post of mayor or deputy mayor till the end of the term of office, with effect from the date of publication of the decree of dismissal

 

Section 103:

(1)   In case of dismissal, suspension, absence or any other hindrance and subject to the provision of Section 95 above, the mayor shall be temporarily replaced by a deputy following the order of election and, where there is no deputy, by a councilor chosen according to the order of the list.

(2)   In the latter case, the council shall, within a maximum period of 8 (eight) days, appoint one of its members to deputize.

 

Section 104:

(1)   Where a mayor is dismissed or suspendend, his replacement shall fully discharge his duties mayor is elected.

(2)   Where a mayor is absent or is unable to discharge his duties, his replacement shall be responsible for handling routine matters. The replacement shall, in particular, neither replace the mayor in the general management of council matters nor modify its decision or the budget.

 

Section 105:

(1)   In time of war, the mayor and the councilors considered individual may for purpose of public order or the egeneral interest be suspended by decree of the President of the Republic, until the end of the war. The members of the council, thus suspended shall not be replaced numerically during the normal duration of their term of office

(2)   However,  where such measure leads  to the reduction of the number of councilors by at least one quarter, a special body  shall be set up, in accordance with the provision of Section 53 above

 

Section 106:

(1)   The provision of Section 94 above shall, among others, apply in case of the following malpractices:

(a)    Acts provided  for and punishable under the law relating to the auditing of authorizing officers, managers and directors of public funds and of State enterprises

(b)   Use of council funds for personal or private purposes;

(c)    Forgery as provided for under criminal law;

(d)   Misappropriation of public funds and corruption

(e)    Speculation in the allocation or use of public lands and other movable and immovable property of the council and in the issuing of building land parceling or demolition permits

(2)   In the cases  referred to above, administrative sanction shall not bar legal proceedings to be instituted in accordance with the regulations in force

 

Section 107: Where the mayor, deputy mayors, the chairman or members of the special body commit one of the malpractices provided for by the law relating to auditing of authorizing officers, managers and directors of public funds, they shall be liable to sanction by the budget and finance disciplinary board

 

Section 108: The mayor, deputy mayors, chairman or members of the special body who illegally involved themselves in the handling of council funds shall be considered de facto accountants and may be prosecuted by the competent courts.

 

 

PART V

SPCIAL REGULATIONS

APPLICATION TO URBAN CENTRES

 

Section 109:

(1)   Some urban centers because of their specific nature may be raised to city council by decree of the President of the Republic.

(2)   A city council shall be a legal entity governed by public law. It shall have a legal personality and financial autonomy

(3)   A city council shall comprise at least 2 (two) councils;

(4)   The council which constitute  a city council shall be called subdivision councils

(5)   The name of the urban centre shall precede the words “….. City Council

(6)   The decree referred to in subsection (1) above shall determine the chief town as well as the area of jurisdiction of the city council concerned

 

CHAPTER I

CITY COUNCIL

 

  1. I.   DUTIES OF THE CITY COUNCIL

Section 110: The following powers shall be devolved upon the city council with effect from the date of its creation;

 

–       Creation, maintenance and management of city greens ,parks and garden;

–       Management of city lakes and rivers;

–       Monitoring and control of the management of industrial refuse;

–        cleaning of city roads and areas;

–       Collection, removal and treatment of house waste;

–       Creation, development, maintenance ,operation and management of urban sanitation, used and rain water facilities;

–       Preparation of urban environmental action plans ,especially as concerns the fight against nuisance and pollution ,protection of laws;

–       Creation, maintenance and management of public cemeteries;

–       Creation  and management of urban sport facilities ;

–       Urban development projects;

–       Setting community land reserves;

–       Setting up community land reserves;

–       Setting up and management of community cultural centers

–       Construction, equipment, management and maintenance of community facilities

–       Management and maintenance of markets , bus stations and slaughter houses;

–       Participation in the organization of community investment plans;

–       Signing with the State or the region of community development contracts and plans;

–       Urban planning, plans and master plans, and tenure plans, or town planning document in lien thereof. To this end, the city council shall make recommendations on the draft regional development plan before its approval;

–       Construction ,development ,maintenance , operation and management of primary and secondary community roads and equipment, including public lights road signs, rainwater drainage , safety facilities and bridges;

–       Creation and development of public  squares;

 

 

  1. II.  ORGANSIATION AND FUNCTIONING OF CITY COUNCILS

 

 

Section 111: The city council function, mutandis, in accordance with the regulation governing, as provided for by this law and the law in the orientation of decentralization

 

Section 112: The city council shall comprise:

–       the city council;

–       the Government Delegate to the City Council

 

 

 

Section 113:

(1)         The city council shall be made up of sub divisional council mayors and representative chosen within sub divisional councils, in accordance with the provisions of Section 121 below.

(2)          The city council discuss all matters which fall under its

 

Section 114:

(1)    The term of office of the city council shall expire at the same time as that of councilors of sub divisional councils.

(2)    Five members of the special body referred to in Section 53 and 54 above shall represent a city council in case of dissolution, resignation or suspension of all members thereof.

(3)    In the event of vacancy on a city council resulting from ,death resignation or other reasons, the sub divisional  council concerned shall replace the said councilor with a maximum period of 2(two) months

 

Section 115:

(1)   A government delegate appointed by decree of the president of a Republic shall fully exercise the duties and power of a mayor at the head of city council. He shall be assisted by person appointed by order of the President of the Republic.

(2)   He shall convene and chair city council meetings

(3)   The government delegate and his assistants shall constitute the city council executive

 

Section 116: In the discharge of his duties. The Government Delegate to the city council shall be responsible for:

–       preparing and implementing the decisions of the city board;

–       preparing and implementing the budget of the city council;

–       organizing and managing city cervices ;

–        managing the recourses and property of the city;

–       Overseeing the city at official ceremonies

–       Representing the city at official ceremonies

 

Section 117: The Government Delegate and Assistant Government Delegates will be entitled to remuneration, as well as entertainment and duty allowances. Propose amounts shall be fixed by order of the President of the Republic

 

Section 118: (1) During public ceremonies, the government delegate and assistant government delegates shall wear around the waist a sash in regional colour. With a gold fringed tassel for the Government delegate and xxx fringed tassels for the assistant Government Delegates

 

Section 119:

(1)   Decisions of the city council shall be taken under the same.

(2)   Copies of the said decisions shall, within 10(ten) days from the date of their coming into force, be sent by the government delegate to the city council to the mayors of the sub divisional councils concerned.

(3)   The mayor shall be bound to notify the decisions referred to in subsection (2) above to their sub divisional councils at their next meeting.

 

CHAPTER II

SUBDIVISION COUNCILS

 

Section 120: The provision of the law on the orientation of decentralization as well as those of this law shall applicable mutatis mutandis to subdivision councils

 

Section 121:

(1)   Mayors of sub divisional councils shall be ex officio members of the city council

(2)   In additional  to the mayor referred to in Subsection (1) above , the sub divisional council shall designate 5 (five) councilors to represent it on the city council

(3)   The designation referred  to in subsection (2) above shall be made during the first council meeting following the publication of council election results

 

Section 122:

(1)   The sub divisional council shall make recommendations wherever requested to do so by the city council or any other body, on matters it concern the said councils

(2)   The consultation referred to in subsection (1) above shall be compulsory for any operation or project of general interest to be executed in its entire council areas or a part thereof.

 

Section 123:

(1)   Sub divisional councils may meet at the request of 2/3 (two-thirds) of the councilors or, as an exceptional measure, the government delegates the city council, with a specific agenda. In this case, the government delegate ……. address the subdivision councilors at the meeting.

(2)   The meeting referred to in subsection (1) above shall be subject to prior approval of the representative of the State when it is initiated by the government delegate to the city council

 

Section 124: The setting up of a city council shall entail the transfer by sub divisional councils of power and resource to the said city council, in accordance with the provisions of this law

 

Section 125:

(1)    Save in the case of consultation provided for under Section 122 above the sub divisional council may not deliberate on a field of competence devoted upon a city council

(2)    In all cases of consultation, the decisions of the sub divisional council shall not contradict those of the city council

(3)    Notwithstanding the provisions of subsection 2 above , where the sub divisional council takes a decision repugnant to that of the city council, the decision of the sub divisional council shall automatically be null and void ,save in case of violation of the instrument in force by the city council

 

Section 126: The President of the Republic may, by decree, apply the provisions of this part to any council by virtue of its importance and level of development.

 

CAHPTER III

SPECIAL PROVISIONS

Section 127:

(1)    The general recurrent allocations to sub divisional councils by the provision of this law constitute a mandatory expenditure for the city council.

(2)    They shall be indexed to certain revenue pf the city council

(3)    The condition for making the allocation provided for under subsection (1) as well as those of the indexation referred to in subsection (2) above shall be laid down by regulation

 

Section 128:

(1)    The conditions of devotion of assets and liabilities of an urban centre comprising sub divisional councils shall be laid down by order of an urban centre comprising sub divisional councils shall be laid down by order of the minister in charge of regional and local authorities.

(2)    The order referred to in Subsection (1) above shall be published within a maximum period of 3(three) months following the setting up of the city council

 

Section 129: The provisions of this law relating to councils shall, mutatis mutandis, be applicable to city council and sub divisional councils.

 

Section 130: The creation of nay inter-council services by a city council shall be subject to the prior approval of the sub divisional councils concerned

 

PART VI

INTER-COUNCIL COOPERATION AND SOLIDARITY

 

CHAPTER I

DECENTRALISED COOPERATION

Section 131:

(1)   Decentralization cooperation shall be realized under an agreement whereby 2 (two) or more councils decide to merge their various resource with a view to achieving common objectives.

(2)   It may be effected between Cameroonian councils or between Cameroonian and foreign councils, under the conditions laid down by the laws and regulations in force

 

Section 132:

(1)    Councils may belong to international organization of twinned owns or nay other international organizations in towns.

(2)    The cooperation agreement, which shall be authorized before and by decision of he council, shall be forwarded by the representative of the State for prior approval by the minister in charge of regional and local authorities.

 

CHAPTER II

COUNCIL UNIONS

  1. I.  REGULATIONS GOVERNING COUNCIL UNIONS

Section 133:

(1)    Councils of the same division or region may, by al least a 2/3 (two-third) majority of the decision of each council, form a union with a view of realizing inter-counsel operation.

(2)     A council union shall be set up by an agreement signed by mayors of the councils concerned. The said  agreement shall lay down the conditions of functioning and management of the union, as provided for by this law

 

Section 134:

(1)   A council union shall be an inter-council public establishment endowed with legal personality as well as administrative and financial autonomy

(2)   It shall , mutatis metandis, be subject to the provisions of the law on the orientation of decentralization, as well as those of this law

 

 

  1. II.  ORGNAISATION AND FUNCTIONING OF COUNCIL UNIONS

 

Section 135:

(1)         The bodies of a council union shall comprise:

– a union board;

– a union chairman

(2)          The union board referred to under subsection (1) above shall comprise mayors assisted each by 2 (two) councilors designated within each unionized council

(3)         It shall be managed by a chairman elected from among members of the union board for a one –year renewable term of office.

(4)         The term of office of office of councilors servicing on the union board hall be governed by the legal provisions of the council to which they belong. In the event of vacancy or resignation, the members shall be replaced in accordance with the regulations applicable to the representatives of sub divisional councils on the city council

 

Section 136:

(1)   Minutes and decisions of the union board shall be notified by the chairman to mayors of unionized councils.

(2)   Mayors shall be bound to notify the minutes and decisions referred to under subsection (1) above to their council during the next session.

 

Section 137: The union board shall deliberate on issues within its jurisdiction, particularly:

–       The union budget

–       The administrative and management accounts of the union;

–       The acquisition, transfer and exchange of union property;

–       The union action programme;

–       Requests for interventions of unionized councils

–       Membership of new councils;

–       Management of a public enterprise or an inter- council public establishment

 

Section 138: The chairman shall represent the union in civil matters and before the law courts. To that end, he shall:

–       Be answerable to the union board;

–       Implement the recommendations and decisions of the union board;

–       Be the authorizing officer of the budget of the union;

–       Authorize revenue and expenditure  operations;

–       Prepare and present the reunion accounts;

–       Conclude contracts in accordance with the instruments in force;

–       Take out leases, contract loans and perform acts relating to the acquisition, sale, transaction, exchange, sharing or acceptance of gifts and legacies within the forms laid down by the regulations.

  1. III.  UNION BUDGET

Section 139: The union budget shall be prepared, adopted, executed and audited in accordance with the provisions of the agreement creating the union

 

Section 140: The union budget shall be prepared and executed in accordance with the conditions laid down by the financial regulations of regional and local authorities

 

  1. IV.  SPECIAL PROVISIONS

 

Section 141:

(1)         The admission of a council to an existing union shall be submitted for prior approval by the union board.

(2)         The decision of the board to admit a new council shall be notified by the chairman to mayors of unionized councils.

 

Section 142: A council may withdraw from the union, after approval by the board in accordance with the provisions of the agreement creating the union

 

Section 143:

(1)   The council union shall be dissolved

–       as of right upon expiry of its duration or on completion of the operation which it had as its objectives;

–       by resolution of the concerned made by at least a 2/3 (two-thirds) majority of the members of each council, in accordance with ordinary law

(2)    The dissolution instrument shall determine, subject to third party rights, the conditions under which the union shall be liquidated.

PART VII

SINGLE CHAPTER
FINANCIAL PROVISIONS

 

Section 144: The resources needed by a council to exercise its power shall be devolved upon it either by tax transfers or ceded revenue or both

 

Section 145:

(1)         The draft budget shall be prepared and presented to the council by the mayor

(2)         The budget and special revenue and expenditure authorizations shall be adopted by the council. They shall be divided into two sections: “Recurrent” and Investment”.

 

Section 146: A separate law shall lay down the financial regulations applicable to councils.

 

Section 147: Relevant State services shall control the management of council funds

 

PART VIII
MISCELLANEOUS, TRANSITIONAL

AND FINAL PROVISIONS

 Section 148:

(1)   Where the mayor, government delegate, chairman of a council union or any other councilor is sentenced for a crime, he shall automatically be union or any other councilors is sentenced for a crime, he shall automatically be dismissed.

(2)   Where he has been sentenced for an offence or where such a person’s conduct seriously undermines the interests of the council, city council or council union, on the basis of specific acts considered as such by the council and after being heard or summoned by the representative of the State to give written explanations on the charges against him, he may be dismissed by order of the minister in charge of regional and local authorities

(3)   As a precautionary measure, an in case of emergency, the representative of the State may notify the incriminated official or councilor, by using any means with written proof, the immediate cessation of duty, in such case, the order referred to under subsection (2) above shall be published within a maximum period f one month with effect from the date of notification.

 

Section 149: Dismissal shall automatically entail intelligibility for the office of mayor or councilor for a period of 10 (ten) Years

 

Section 150: The provisions of Section 148 above shall, among others, apply to the following:

(a)    acts provided for and punishable under the law to set up the Budgetary and financial Disciplinary Board:

(b)   the use of council, city council or council union funds for personal or private purpose;

(c)     forgery as provided for under criminal law;

(d)   Misappropriation of public funds and corruption;

(e)    Speculation in the allocation or use of public lands and other movable or immovable property of the council, city council or council union, and in the issuing of building, land parceling or demolition permits, as  the case may be

 

Section 151: In the absence of a separation instrument, the recruitment of any employee by the council, city council or council union shall be done in compliance with the condition of recruitment, remuneration and career profile applicable to equivalent State positions.

 

Section 152:

(1)    The councils set up pursuant to Law No 74/23 of 5 December 1974 to organized councils, and subsequent amendments thereto, shall cease to be urban or rural councils, with effect from the date of enactment of this law.

(2)    Notwithstanding the provisions of the preceding subsection, councils bearing identical names by virtue of a change in status shall retain their former name, until the publication of a decree of the President of the Republic changing their name

 

Section 153: A council whose office is located in another council area shall have a period of 18 (eighteen) months with effect from the date of enactment of this law to transfer the said office to its own council area.

 

Section 154: city and urban councils governed by special regulations in existence on the date of enactment of this law shall continue to function until they comply with the provision of this law.

 

Section 155:

(1)   Notwithstanding the provisions of Section 156 below, council existing on the date of enactment of this law shall continue to function until compliance with the provisions of this law

(2)   Councils elected before the enactment of this law shall remain in place until expiry of their office

(3)   Their subsequent re-election shall be conducted in accordance with the regulations in force.

 

Section 156: The modalities of application of this shall be laid down by statutory instruments

 

Section 157: The provisions of Laws No 74/23 of 5 December 1974 to organize councils, and 87/15 of 15 July 1987 to set up city councils and subsequent amendments thereto, and are herby repealed.

Section 158: This law shall be registered, published according to the procedure of urgency and inserted in the official Gazette in English and French.

 

 Yaounde, 22 JULY. 2004

                                                                                                                                              PAUL BIYA

                                                                                                                                                     PRESIDENT OF THE REPUBLIC

REPUBIC OFCAMEROON                                                                                                                                     PEACE – WORK – FATHERLAND

 

LAW No.    2004/019 OF 22 JUIL 2004

 

TO LAY DOWN RULES APPLICABLE TO REGIONS

 

The National Assembly deliberated and adopted,

The President of the Republic hereby enacts the

Law set out below:

PART I
GENERAL PROVISIONS

 

Section 1: The law lays down the rues applicable to regions, in accordance with the provisions of the law on the orientation of decentralization

 

Section 2:

(1)   The region shall be a regional authority comprising several divisions.

(2)   The creation ,change of annex and modification of boundaries of regions shall be governed by Article 61 of the Constitution

 

Section 3: The chief town of each province that becomes a region shall be the chief town of that region

 

Section 4:

(1) The boundaries or chief town of administrative units shall be modified where:

–       A council or part thereof is attached to a region;

–       The geographical boundaries of regions are modified;

–       New chief towns are established

(2) The attachment of a council are a part thereof to a region shall be subject to the approval of the council and regional councils concerned.

 

Section 5: The modifications of a region shall enter into force on the date of the holding of the first session of the regional council of the newly created entity unless otherwise provided for in the amendment decree. In this case the decree shall make provision for the dissolution of the said regional council(s).

 

Section 6:

(1)   The instruments modifying the boundaries of one more region shall set out conditions thereof, in particular, those on the devolution of property

(2)   The instruments referred to in preceding subsection shall also lay down conditions for granting the under- mentioned property either to a region or regions of attachment or to the State:

 

–       lands and buildings forming part of State property;

–       private property of the State

–       donations meant for the defunct region

 

Section 7: in accordance with the laws in force, a region may

–       carry out activities to supplement those of the State;

–       proposed to councils under its jurisdiction, all measures to foster the coordination of local development and investment actions

 

Section 8:

(1)         Where a regional council deliberates outside its statutory session or on a matter not falling under its jurisdiction, the representative of the state shall take appropriate measures to stop the meeting forthwith.

(2)         Accordingly regional councils shall not issue declarations and statements, give political views that undermine territorial integrity or national unity or entertain relations with one or more regional councils outside the cases provided by the laws in force

(3)         In keeping with subsection (2) above, the representative of the state shall institute legal proceedings against regional councilors guilty of such opinions, statements, declarations or relations

(4)         Where the participants at the meeting are sentenced, the court decision shall exclude them from the regional council and declare them ineligible for re-election for a period of 5 (live) years following the sentence.

 

PART II

 

MANAGEMENT AND US OF PRIVATE PROPERTY

OF THE STATE, PUBLIC PROPERTY

AND NATIONAL LANDS BY REGIONS

 

Section 9: The power devolved upon regions in matters of land tenure shall be exercise in strict compliance with provision of the land laws in force, in so far as those provisions are not contrary to this law

 

CHAPTER I

PRIVATE PROPERTY OF THE STATE

Section 10:

(1)    The State may transfer to regions all or part of its movable or immovable private property or enter into agreement with the said regions on the base of such property

(2)    The transfer by the State of movable and immovable property referred to in preceding subsection, may be effected , either at the request of regions or the initiative of the state to enable them to carry out their mission xxx service or provide public facilities

 

Section 11: In accordance with the provisions of Section 10 above, the State can either facilitate the freehold by regions to all or part of the state ‘s movable and immovable private property, or simply grant theses region user rights over xxx of its movable and immovable property

 

CHAPTER II

PUBLIC PROPERTY

 

Section 12:

1)      Projects or operations of local interest initiated on public coastlands and waterways by natural persons, regional and local authorities or other corporate bodies, shall require the authorization  of   the regional council decision, upon the recommendation of the local council where the project is xxxxxx

2)      The decision referred to in the preceding subsection shall be reward for approval by the representative of the state

Section 13: For projects or operations initiated by the State on public coastland water ways, either in the exercise of sovereignty, or  in the perspective of noting economic and social development or regional development purposes, the State shall take a decision after consultation with the regional state otherwise. In the latter case, the state shall communicate its decision to regional council, for information.

Section 14:

(1)   In zones falling under public coastlands and waterways for each special development plans have been approved by the State , management … shall be delegated by the layette to the regions concerned, for area thereof which have been devolved upon them in the abovementioned plans

(2)   The royalties accruing therefore shall be paid to the regions concerned

(3)   Management instruments issued by the president of the regional council shall be submitted for approval by the representative of the State and then forwarded to the regional council for information

Section 15: the artificial public property shall be managed exclusively by the State. However the State may transfer to regions in accordance with conditions reclassification which are laid down by an implementation decree of the law of management of ancient monuments

 

CHAPTER III

NATIONAL LAND

 

Section 16:

(1)   Projects or operations initiated by a region shall be located in accordance with the land laws and regulation in force

(2)   For the projects or operations, which it initiate on national lands, the State shall take a decision after consultation with the region concerned except where national defense or public policy requirements dictate otherwise.

(3)   The decision referred to in preceding subsection shall be awarded to the regional council concerned for information

Section 17:

(1)   For any project or operation within the jurisdiction of the state to be implemented in urban areas, the State shall take a decision after consultation with the region concerned

(2)   The decision referred t in the preceding subsection shall be rectified to the regional council

 

PART III

POWERS DEVOLVED UPON REGIONS

 

CHAPTER I

 

ECONOMIC DEVELOPMENT

  1. I.                   ECONOMIC ACTION

Section 18: the following powers shall be devolved upon regions

–       promoting small and medium –sized enterprise

–       organizing trade fairs and exhibitions;

–       promoting handicrafts;

–       promoting framing, livestock and fishery activities

–       encouraging business operators to set up regional groups;

–       supporting income and job generating micro-projects

–       developing tourism

 

  1. II.                MANAGEMENT OF THE ENVIRONMENT AND NATURAL RESOURCES

 

Section 19: The following powers shall be devolved upon region:

–       managing, protecting and maintaining protection areas and natural  sites falling within the jurisdiction of the region;

–       preserving and protecting of nature;

–       managing water resources of the region;

–       creating regional woodland, forest and protected area according to a plan duly approved by the representative of the State;

–       providing firebreaks and setting early fire to check bush fires;

–       managing natural parks of the region according to a plan submitted for the approval of the representative of the State;

–       formulating ,implementing and monitoring regional plans or guidelines for environmental actions;

–       formulating specific regional plans for emerging intervention and risk prevention

  1. III.             PLANNING ,REGIONAL DEVELOPMENT, PUBLIC WORKS, TOWN PLANNING AND HOUSING

 

Section 20: The following powers shall be devolved upon regions:

–       formulating and implementing regional development plan;

–       signing with the State ,plan contracts for the achievement of development objectives ;

–       participating in the organization and management of public intercity transport;

–       coordinating development actions;

–       formulating in accordance with the national plan, regional guidelines for development;

–       participating in the preparation of urban planning documents and master plans of regional and local authorities ;

–       rehabilitating and maintaining divisional and regional roads;

–       supporting the action of councils in town planning and housing matters

 

CHAPTER II

HEALTH AND SOCIAL DEVELOPMENT

 

HEALTH AND SACIAL ACTION

Section 21: The following powers shall be devolved upon regions;

–       creating in accordance with the health map, equipping ,managing and maintaining  health centers within the region;

–       supporting health facilities and social establishments;

–       implementing prevention and hygiene measures;

–       participating in maintaining and managing social advancement and /or rehabilitation centers;

–       organizing  and managing assistance to the needy;

–       participating in organizing and managing drug supply ,essential reagents and appliances in accordance with the national health policy

 

CHAPTER III

EDUCATIONAL, SPORTS AND CULTURAL DEVELOPMENT

 

I. EDUCATION, LITERACY AND VOCATIONAL TRAINING

 

Section 22: The following powers shall be devolved upon regions:

Education:

–       participating in drawing up and implementing the regional portion of the national school location map;

–       creating, equipping and maintaining government high school and colleges in the region;

–       Recruiting and paying support staff of State schools and secondary schools;

–       Distributing and awarding school grants and scholarships;

–       Participating in the acquisition of school manuals and supplies;

–       Participating in the management and administration of government high schools and colleges through forums for dialogue and consultation;

–       Supporting the action of councils in the areas of primary and nursery education.

 

Literacy:

–       formulating and implementing regional plans for the elimination of illiteracy;

–       doing a yearly evaluation of the execution of literacy campaigns;

–       recruiting personnel in charge of literacy campaigns;

–       training of trainers;

–       designing and producing teaching aids

–       drawing up the literacy amp

–       providing school infrastructure and facilities

–       monitoring and evaluating illiteracy campaigns

 

Vocational Training:

–       Comprehensive census of the region’s trade and drawing up of a receptoire of existing vocational training course with an indication of the aptitude required and the training profile;

–       Participating in drawing up the regional portion of the school location map as concerns technical education and vocational training;

–       Formulating a forward-looking training plan;

–       Refurbishing and maintaining training establishments, canters and institutes in the region;

–       Recruiting and paying support staff;

–       Participating in the acquisition of teaching aids, in particular, supplies and working materials;

–       Participating in the management and administration of State training canters through dialogue and consultation forums;

–       Formulating a regional plan for the vocational integration of youth;

–       Assisting in the drawing up of school-enterprise partnership contracts.

 

II. YOUTH, SPORT AN DLEISURE

 

Section 24: The following powers shall be devolved upon region;

(a)   Culture

–       promoting and developing cultural activities;

–       contributing to the surveillance and protection of conservation sites, ancient monuments, and discovery of prehistoric or historic relies;

–       organizing cultural weeks ,traditional cultural events and literary and artistic contest;

–       creating and running regional bands, traditional song groups , ballets and drama groups;

–       creating and running regional socio-cultural canters and public libraries ;

–       collecting and translating works of oral ,traditional ,such as tales myths and legends with a view to facilitating their publication;

–       providing support to cultural associations

(b)   Developing of national languages

–       encouraging functional fluency in national languages and producing a regional language map;

–       Supporting publishing in national languages;

–       Developing print and broadcast media in national languages;

–       Building facilities and infrastructure.

 

PART IV
REGIONAL ORGANS

 

Section 25: regional shall have the following organs

–       the regional council

–       the president of the regional council

 

CHAPTER I

REGIONAL COUNCIL

 

  1. I.  COMPOSITION

Section 26:

(1)   The regional council shall be the deliberative organ of the region. It shall comprise regional councilors elected  for a five-year term

The regional council shall comprise:

–       Divisional delegate elected by indirect universal suffrage;

–       Representatives of traditional rulers elected by their peers. They shall be elected in accordance with conditions define by law

(2)   The regional council  shall reflect the various sociological areas of the regions

 

Section 27: members of Parliament of the region shall attend proceedings of the regional council in an advisory capacity

 

  1. II.  DUTIES

Section 28: The regional council shall settle regional matters by deliberation

 

Section 29: The regional council shall decide on matters provided for by the region on the orientation of decentralization as well as those provided for by this law

 

Section 30:

(1)   The regional council may delegate part of its duties to the regional exeutive, save for those mentioned in Section 32 and 33 below.  The attendant decision taken upon deliberating shall set out the purview and duration be duties so selected. At the expiry of the delegation, the regional council will be informs thereof.

(2)   It shall appoint ,from among its members ,delegates to external duties in compliance with the instruments governing the said bodies withstanding the terms of office of such members or delegate set out in the instruments , the regional council shall be empowered , when it deems it necessary ,to replace such person before the end of their terms

 

  1. III. FUNCTIONING

 

Section 31:

(1)     The regional council shall meet in ordinary session once every quarter when convened by its president. The duration of each session may  not need 8(eight) days save for the budget session, which may be held for 15 (fifteen) days

(2)     During the election of new regional councilors and during the initial establishment of regional councils, the first session shall be convened automatically on the second Tuesday following the proclamation of results. In that case, the meeting shall be convened by the representative of the State.

(3)      In the case of election of new regional councilors, in accordance with the provision of subsection (2) above, the power of the ongoing council shall expire at the opening of the session held as of right

 

Section 32: The regional council shall also meet in extraordinary session with a rectified agenda at the behest of:

–   Its president;

–   At least 2/3 (two-thirds) of its members for a duration of no more than 3 (three ) days; a councilor may not make more than one request for a session every year;

–   The representative of the State

 

Section 33:

(1)         The regional council shall comprise 4 9four) committees each headed by a committee member:

–       the committee on administrative and legal matters ,rules of procedure;

–       the committee on education, health ,population, social and cultural affairs ,youth and sports;

–       the committee on finance ,infrastructure development, planning and economic development;

–       the committee on thee environment, regional development , land, town planning and housing

(3)   Notwithstanding the provisions of the preceding sub-section, the regional council may:

–       Set up or dissolve any other committee upon deliberation, at the request of its chairperson or 2/3 (two-third) of its members;

–       Invite any person , on account of his expertise in a specific item on the agenda to attend proceeding of a regional council or committee meetings;

–       Create or dissolve any ad hoc committee.

 

Section 34:

(1)   Regional councilors shall be entitled to allowances and the xxxx.of any expenses incurred in the discharge of their suits.

(2)    A regional councilors who is chairman or member of a special body  provided for under section 50 herein shall be entitled to a daily allowance,  travel allowance charge to the budget of the region, for the performance i.e. duties assigned to him by the special body

(3)    Persons invited in the advisory capacity and members ,excluding the appointed to Ad hoc committee shall be entitled to an allowance

 

Section 35:

(1)    The allowance and expenses referred to in Section 34 above shall be charge to an appropriation generated from total revenue collected as marked on the approved administrative account of the previous financial year.

(2)    The appropriation referred to in the preceding sub-section marked for the initial establishment of regional councils shall be charge d to common Decentralization Fund

(3)    The calculation of amounts, the condition for paying allowances to regional councilors and persons invited in an advisory capacity as xxxx. As the refund of expenses referred to in subsection (1) above shall be  xxx By regulation

 

Section 36:

(1)   The minister in charge of regional and local authorities shall set up joint comprising delegates appointed from each regional council for the purpose of drawing up draft rules of procedure.

(2)   The rules of procedure referred to in the preceding subsection shall be rendered enforceable by order of the minister in charge of regional and local authorities.

 

Section 38:

(1)   A regional councilor who is unable to attend a meeting may be a written proxy to another councilors

(2)   A regional councilors may hold only one proxy

(3)   The regional council may nullify the proxy of a councilor where it deems that the grounds of the giver of the proxy for absence are not fund

 

Section 40:

(1)   Notices of the meeting referred to in Section 3 (1) must reach regional councilors within 15 (fifteen) clear days before the meetings.

(2)   They shall include working documents related to each items on the agenda. As  and when necessary, the president of the regional council shall draw up a report on each of the items

 

Section 41:

(1)   The president shall inform the regional council through a special report presented in the month of January following the end of the financial year, via the situation of the region, devolved powers, activities and functioning of the various services and bodies of the region as well as appropriations.

(2)   The report referred to in the preceding subsection shall state the status of implementation of the decisions of the regional council and the financial situation of the region. It shall be discussed forwarded to the representative of the State for information and then published

Section 42:

(1)    The presence of the representative of the State or his duly authorized delegate in regional council sessions shall be as of right. The representative of the State or his delegate shall take the floor of any time, but xxx neither participate in voting nor chair the regional council. His declarations shall be entered in the minutes of the meeting

(2)    In the month of January following the need of the financial year, the representative of the State shall present to the regional council a special report on activities of the state services in the region. This special report shall be discussed in his presence

Section 43: During the meetings of the regional council, the secretarial duties shall be performed by secretaries of the regional bureau. In their absence, the president of the regional council or, failing this, the session chairman, shall designate another regional councilors to perform such duties

Section 44:

(1)   At the end of each meeting, the session secretary shall submit to the regional council for approval a written statement of the resolution s made during that session

(2)   The statement referred to in the preceding subsection shall be signed by all members present and voting. it shall serve as a basis for preparing draft decisions

Section 45:

(1)   The session secretary shall draw up minutes co-signed by the president of the regional council

(2)   The minutes referred to in the preceding subsection shall underline the deliberations of the regional council. They shall be forwarded to council members and then submitted to them for adoption at the opening of the next session.

Section 46: The deliberation of the regional council shall be recorded in chronological order in a register, numbered and initialed by the representative of the State

Section 47: regional councilors shall be entitled to the protection laid down under section 70 below, when they are charge with the performance of a special task.

 

  1. IV.             SUSPENSION ,DISSOLUTION OF THE REGIONAL COUNCIL ,REPLACEMENT,TERMINATION OF DUTIES AND SUBSTITUTION

 

Section 48:

(1)   The regional council may be suspended by decree of the President of the Republic on the recommendation of the minister in charge of regional and local authorities , where it:

–       Acts unconstitutionally;

–       Threatens the security of the State or law and order;

–       Threatens the country’s territorial integrity;

–       Cannot perform its duties permanently.

(2)   Suspension referred to under subsection (1) above may not proceed 2 (two) months

(3)   Suspension may be preceded by a notification forwarded to the council concerned by the Minister in charge of regional and local authorities

 

Section 49: The President of the Republic may dissolve the regional council by decree on the recommendation of the constitutional council:

 

–       in any of the cases referred to in Section 48(1) above;

–       where there is persistent breakdown or ability to restore normalcy after the period set out in Section 48 (2) above

Section 50:

(1)   Where the regional council is dissolved , the president of the Republic shall by decree, set up a special body comprising a chairman and vice-chairman, on the recommendation of the minister in charge of regional and local authorities

(2)   The power of the body laid down under subsection (1) shall be limited to handling routine matters, protective measures and the search for solution to the urgent issues at stake.

(3)   The special body shall under no circumstances:

–          Commit the region’s funds, above the ceiling laid down by regulations;

–          Transfer or exchange property of the regions;

–          Modify the staff strength of the region;

–          Vote loans

(4)   A by-election of regional councilors shall be conducted within a maximum period of 6 (six) months. The power of the special body laid down under subsection (I) shall terminated forthwith on the installation of the new regional council

 

Section 51: A special body shall equally be set up under the same conditions, in case of resignation of all the members of a regional council or a fine court decision on the cancellation of the election.

 

Section 52: The composition of any special body shall be laid down by the decree setting it up

 

Section 53: Budgetary substitution shall be conducted in accordance with the law to lay down the financial regulations of regional and local authorities.

 

Section 54:

  1. Any member of a regional council who has duly been sent a convening notice and who, without sound grounds, does not attend 3 (three) successive session may after a request by the regional council chairman to furnish explanations, be deemed as having resigned by the minister in charge of regional and local authorities . The decision, which is copied to such members and the Representative of the State, may be appealed before a competent court.
  2. The councilor deemed to have resigned under subsection 91) above shall not be eligible for election to the regional council during the by- or general elections held immediately after his resignation

 

Section 55:

(1)   A members of the regional council who, without grounds, does is perform his duties defined by the law, may be deemed to have resigned by the minister in charge regional and local authorities , upon the recommendation of the regional council.

(2)   Failure to perform duty shall be ascertained in a written identification addresses to the competent authority or announcement by such member, or persistent abstention upon notification by the Minister in charge of regional and local authorities, within a fixed period of time he shall determine

 

Section 56: Resignation letters shall be sent by registered mail to the President of the regional council with a copy to the representative of the State. They shall reply from the date of reception by the President of the regional council or, where such knowledge of receipt is lacking, within one month from the time of a second mailing of the resignation letter by registered mail

 

Section 57: employment shall be bound to allow employee of their enterprise or service who are members of the regional council to attend plenary sessions of the council or deliberations of commissions and ad hoc committees. Where the employer terminates the employment contract on ground of off duty referred to this section, he shall be liable to pay damages and compensation to the employee.

 

Section 58:

(1)   In the case of war or of complicity with the enemy, the President of the Republic may, by decree, suspended on an individual basis, regional councilors for the purpose of maintaining law and order or protecting the general interest until the end of hostilities. The members of the regional council thus suspended may not be replaced numerically during the remaining term of office of the said council.

(2)   However , where such measure educes by the least half (1/2) the number of councilors, the same decree shall set up a special body empowered to replaced the regional council

 

Section 59:

(1)    The precedence of regional councilors. After the President and bureau members, shall be in keeping with their order of election, in accordance with the provisions of this law

(2)    The order of precedence shall be as follows:

–          The date of the oldest elections conducted with effect from the last election of the entire regional council;

–          Priority of age of the councilors elected on the same day

 

CHAPTER II

PRESIDENT OF THE REGIONAL COUNCIL

 

Section 60: The President of the Regional Council shall be the chief executive of the region. He shall be assisted by a regional Bureau elected at the same time with him from among the councilors. The Regional Bureau shall reflect sociological composition of the regional.

 

  1. I.                   ELECTION OF THE PRESIDENT AND OF THE REGIONAL BUREAU

Section 61:

(1)   The regional council shall elect during its first session, a president assisted by a bureau comprising a senior vice-president, a vice  president , 2 (two) questors and 2(two) secretaries

(2)   The president of the regional council shall be a native of the regional elected  for the duration of the term of office of the council

(3)   During the session referred to in subsection (1) above , the regional council  shall be chaired by the oldest member while the youngest members shall perform secretarial duties

(4)   Election shall be by secret ballot and by absolute majority of the regional council members present and voting

(5)   Where, after 2 (two) rounds of balloting, no candidate obtains an absolute majority, a third ballot shall be conducted and winning at the election shall be by relative majority. In the event of a tie, the oldest candidate shall be declared winner

(6)   The regional council may conduct business in the case refrred above in subsection 5 and where 2/3(two-third) of the embers are present. Where that condition is not fulfilled, the meeting shall automatically be reconvened 8 (eight) days later. It may then be conducted without taking into account a quorum

(7)   Immediately after election of the president, he shall preside over the regional council to complete it bureau by electing under the same conditions, the senior vice president. The vice- president 2 (two) questions and 2 (two) secretaries shall be elected on the list by single ballot

 

Section 62: After the election of its bureau, the regional council shall form its committees and proceed to designating its members or delegates to represent it external bodies, in accordance with the provision of Section 30(2) above.

 

Section 63:

(1)   The president and regional bureau members shall be elected for duration of the term of office of the regional council

(2)   During official ceremonies or solemn occasions, the president of the regional council shall sling a sash across his shoulder and bureau members shall wear sashes as belt, all in national colours, with a gold fringed tassel for he president and silver fringed tassels for bureau members

(3)   During the ceremonies and occasions provided for under paragraph 2 above, regional councilors shall wear an insignia the characteristic of which shall be laid down by statutory instruments.

(4)   Provision shall be made in the regional budget for the acquisition of the sashes and insignia provided for in subsection 2 and 3 above

 

Section 64: The duties of president of the regional council shall be incompatible with the duties of:

–          Members of government and persons ranking as such;

–          Member of Parliament or Senator;

–          Administrative  authority;

–          Mayor or government delegate;

–          Ambassador or official of a diplomatic mission;

–          President of law court and tribunals;

–          General manager of a public establishment or public corporation;

–          Secretary –general of ministry and persons ranking as such;

–          Director in the central administration;

–          Law enforcement officer

–          Employee of the region concerned

–          Employee of the ministry of Finance who have to handle the finances or account of the region concerned

 

  1. II.                DUTIES OF PRESIDENT OF REGIONAL COUNCIL

Section 65:

The president of the regional council shall be the chief executive of the region.

To that end, he shall:

be spokesman before the Representative of the State;

represent the region to all matters and before the law courts;

prepared and implement the regional council deliberations;

authorize the revenue and expenditure of the region subject to the separate provisions laid down by the regulations in force;

manage the religion’s property and monitor such management, particularly as concerns the movement on such property, subject to the duties devolving on the Representative of the State and mayors

 

The president of the regional council shall reside in the Chief Town of Region concerned

He may, under his supervision and responsibility, grant delegation of mature bureau members. He may, under the same condition grant delegation of signature of the region’s secretary-general, as well as to officials of the regional services

The president of the regional council shall reside in the region concerted

 

Section 66:

(1)     For the preparation and enforcement of decisions of the regional council, the President may, as and when necessary, use the deconcentrated government services under an agreement signed with the representative of the State, spelling out the condition of defrayment for such services by the region

(2)     The President of the Regional council may, under his control and responsibility grant delegation of signature to the head of the said services or the discharge of the duties assigned them pursuant to Section 66(1) above

(3)     Model agreement relating to the use of the deconcentrated government services by the region shall be fixed by regulation

Section 67:

(1)    For purpose of implementing Section 66 above, State employees responsible for discharging regional duties shall be assigned to the President of the regional council and shall be placed under his authority for the discharge of such duties

(2)    The staff referred to in Section 67(1) above shall continue to be government by the law rules and regulations applicable to them at the time of entry into force of this law

 

Section 68:

(1)   The President of the Republic shall appoint the secretary-general of the region upon the recommendation of the minister in charge of regional and local authorities. He shall terminate such appointment.

(2)   The secretary- general of the region shall run the service of a regional administration, under the authority of the president or within the framework of the delegation provided for in Section 64 above

(3)   He shall attend meetings of the Bureau and of the regional council for which he shall provide secretarial duties

 

Section 69:

  1. The representative of the State, in conjunction with the president of the region council shall coordinate the action of regional service and those of government service in the region
  2. The representative of the State shall hold a coordination meeting at least twice a year on the investment programmes of the State and the Region. The president of the regional council and Members of the Regional Bureau shall attend the said coordination meeting

 

Section 70:

(1)      The duties of president or member of the Bureau shall give entitlement to remuneration, payment of allowances or refund of expenses, as well as benefits in kind arising from the discharge of the duties assigned them under condition laid down by regulation

(2)      The regional council may vote on the ordinary resource of the region, the entertainment allowances of the president. In case of dissolution, such allowances shall be granted to the president of the special body referred to in Section 50,51 and 52 above

 

Section71:

(1)   The region shall cover expenses resulting from any injury sustained by the president, vice-president or members of the bureau, president and vice-president of a special body, of a commission or an ad hoc committee discharge of their duties.

(2)   The holding of any one of the positions referred to in Section (1) above shall, as and when necessary, give rise to protection by separate instruments

 

  1. III.             SUSPENSION ,CESSATION OF DUTIES AND SUBSTITUTION

Section 72: The president of the region and the bureau may be suspended by decree of the President of the Republic in the cases provided in Section 48 above

 

Section 73: The President of the Republic may, upon the recommendation of the constitutional council, dismiss the president of the region and bureau, mutatis mutandis, in accordance with the provision of Section 49 above

 

Section 74:

(1)   The President of the Regional Council who, for a reason subsequent to his/her election, no longer fulfils the requirement for his office or who finds himself in one of the cases of ineligibility provided for by the laws in force , shall cease his functions forthwith. The minister in charge or regional and local authorities shall enjoin him/her to immediately resign from the said section without awaiting the installation of his successor

(2)   Where the president of the regional council refuses to resign, the minister in charge of regional and local authorities shall notify him of his immediate cessation of duties and shall propose to the President of the Republic the record of his forfeiture.

 

Section 75:

(1)    The president of a regional council appointed to a position incompatible with his office shall be make a declaration of his choice with 30 (thirty) days with effect from his appointment. Beyond such period, he shall be invited by the minister in charge of regional and local authorities to give out one of his positions

(2)    In case of refusal to make a choice or within no more than 15(fifteen) days , the president of the regional council shall be declare to have resigned by decree of the President of the Republic ,upon the recommendation the minister in charge of regional and local  authorities

Section 76: The resignation of the president of the regional council shall be awarded to the minister in charge of regional and local authorities by administered mail with acknowledgement of receipt thereof. It shall be final as from the date of acceptance by the said minister or in the absence of an acknowledgement of receipt, within a period of no less than one month owing the dispatch of another register mail

Section 77: Any president of a regional council who deliberately tenders his resignation so as to obstruct or interrupt the administration of justice, or the vision of any service whatsoever, shall be punished in accordance with the final law in force

Section 78: In the case where the president of a regional council or the chairperson of a special body commits one of the irregularities provided for by law instituting the budgetary and financial disciplinary board, he shall be secured before this body

Section 79: The president of the regional council or the chairperson of a special body who involves himself/herself in the manipulation of regional funds shall be considered a de facto accountant and may as such be prosecuted before the competent courts.

Section 80:

(1)       In case of death, resignation, dismissal, suspension, absence or other case of unavailability duly established by the representative of the State upon the recommendation of the bureau to the provisions of Section 81(2) below, the president shall be temporarily replaced by the Senior Vice Present, or in case of unavailability, by the Vice President or by any other bureau member according to rank or failing that, by a regional councilors following the same rank.

(2)       At the next ordinary session , the permanently unavailable president shall be replaced , the bureau shall be filled accordingly ,where necessary

Section 81:

(1)   In case of death, resignation or dismissal of a president , his placement shall fully discharge his duties

(2)   In case of suspension on unavailability duly established by the representative of the State upon the recommendation of the bureau, the replacement of the president shall be responsible solely for handling routine matters. He may neither replace the president in the general management of the affairs of the region, nor modify its decision

Section 82:

(1)   Where the president of the regional council refuses or fails to perform one of the acts prescribed by the laws or regulations in force or that are absolutely warranted by the region’s interest, the minister in charge of regional and local authorities may, following a notification , order its execution automatically, in accordance with the law on the orientation of decentralization

(2)   The notification referred to in subsection 82(1) above shall be issued by any medium leaving written trace; it shall indicate the deadline allowed for the president to reply to the minister in charge of regional and local authorities. where the notification has had no effect within the prescribed time-limit, such silence shall be tantamount to refusal

(3)   Where the measure concerned is one interregional interest, the minister in charge of regional and local authorities may act, under the same condition, in place of the President of the regional council concerned

 

PART V

INTERREGIONAL COOPERAION AND SOLIDARITY

SINGLE CHAPTERS

 

 Section 83:

(1)   Decentralization cooperation shall result from an agreement whereby 2 (two) or more region decides to pool their various resources with a xxxxxx to attaining common objectives

(2)   It may be done between Cameroonian regions between them and foreign regions

 

Section 84:

(1)    Regions Amy belong to international organization or twinned regions or any other international organization of regions

(2)    The agreement relating thereto, subject to prior approval by decision of the regional council, shall be submitted by the representative of the State for approval by the minister in charge of regional and local authorities

PART VI

SIGLE CHAPTER

FINANCIAL PROVISIONS

 

Section 85: The resources necessary for the region to exercise its authority shall be devolved on it either through the transfer of taxes, subsidies or through both procedures

 

Section 86:

(1)   The draft budget shall be prepared and presented to the council  of the President of the regional council

(2)   The budget and special revenue and expenditure authorizations shall be adopted by the regional council. They shall lay down be divided into two sections: “Recurrent” and “Investment”.

 

Section 87: A special law shall lay down the financial regulation applicable to regions

 

Section 88: relevant government services shall control and manage finances of the region

 

 

PART VII

MISCELLAEOUS TRANSITIONAL

AND FINAL PROVISION

 

Section 89:

(1)   Where the president of the regional council or nay other regional councilor is sentence for a crime and the said sentence is final, he shall be automatically dismissed.

(2)   Where he has been sentenced for an offence or where his behaviour seriously undermines the interest of the region or on the basis of specific acts, considered as such by the council and after having been heard or summoned by the minister in charge of regional and local authorities to give written explanation on the charges against him, he may be dismissed by decree.

(3)   As a precautionary measure, and in case of an emergency, the minister in charge of regional and local authorities may notify to the president concerned by any written form leaving trace of the immediate cessation of his authorities. In such case, the order referred to in section 89(2) above shall be established within a period of no more than one month with effect from the date of notification.

Section 90: Dismissal shall automatically entail debarment from the office of president or councilor for a period of 10 (ten) years, and from ineligibility to these position and to the office of President of the Republic , Members of Parliament, Senator or Municipal Councilor for the same period.

Section 91:

(1)   The following offences, amongst others , shall entail the application of Section 89 of this law

–       The offence envisaged and punishable by the law on the private purposes;

–       Vote holders managers;

–       the use of the public funds of the region for personal or private purposes;

–       Forgery of official documents as laid down by the criminal law;

–       embezzlement of public funds or corruption;

–       Speculation on the  assignment or use of public land or nay other movable or immovable property of the region;

–       Refusal to sign or transmit a decision of the regional council.

(2)   In the first 5 (five) cases, the administrative sanction shall not bar prosecution

Section 92: in the absence of a separate instrument, the recruitment of any employee by the region shall be done in compliance with the condition of recruitment, remuneration and career profile applicable too equivalent State position

Section 93:

(1)         Two or more regional councils may, among themselves set up, the initiative of their respective presidents, form alliances to tackle issues of regional interest

(2)        Allianceshall be subject to authorized agreement by the respective councils, signed by the president and approval by order of the minister in charge of regional and local authorities

 

Section 94:

(1)   Issues of common interest shall be debated in meetings where which regional council shall be represented by a special commission elected for that purpose and comprising 3(three) member elected by secret ballot

(2)   Special commissions  shall from the administrative committee charge with overseeing the alliance

(3)   The representative of the State in each region concerned may attend the meeting referred to in section 94(1) above or send a representative

(4)   Decision taken at such meeting shall be enforceable only after having been ratified by all the regional council concerned and subject to the provision of the ;aw on the orientation of decentralization

Section 95: Where matter other than those referred to in Section 94 above are discussed, the representative of the State in the region where the meeting is being held shall declare the meeting dissolved

Section 96: Mixed grouping may be set up by agreement among the regions and the State, with public establishments, or with council for the purposes of carrying out work or providing a service deemed useful for each of the parties

Section 97:

(1)    A mixed grouping shall be a corporate body governed by public law, it shall be authorized and abolished by decree of the President of the Republic

(2)    The authorization decree shall approve the condition of functioning of the grouping and shall determine the conditions for exercising administrative, financial or technical control

(3)    The laws and regulations governing public establishments shall be applicable to mixed groupings

Section 98:

(1)   A mixed grouping may realized its objectives  notably through direct exploitation or through simple taking of shares in companies or bodies with majority public shares under the same conditions as regions

(2)   The conditions for such shareholding shall be fixed by constituent instruments.

Section 99: The condition of application of this law shall be determine by statutory instrument

Section 100:  All previous provisions repugnant hereto are hereby repealed

Section 101: The law shall be registered, published according to the procedure of urgency and inserted in the Official Gazette in English and French

 

Yaounde22JULY 2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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