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Local Government (Amendment) Act 1987

REPUBLIC OF KIRIBATI
(No. 5 of 1987)

I assent,

I. Tabai
Beretitenti

22/12/1987

AN ACT TO AMEND THE LOCAL GOVERNMENT ACT 1984 AND FOR CONNECTED PURPOSES

Commencement: 22/12/1987

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti.

Short title

1. (1) This Act may be cited as the Local Government (Amendment) Act 1987.

(2) This Act shall be deemed to have come into operation on 1st January 1987.

Amends Act No. 2 of 1984

2. Section 9 of the Local Government Act 1984 is hereby amended by –

(a) adding a new subsection (4) after subsection (3) as follows –

"(4) No ex-officio member of a council referred to in sections 7 and 8 of this Act shall under any circumstances whatsoever contest for election to a council";

(b) by the repeal of the word "and" and the substitution therefore of a comma in the first line of subsection (1);

(c) by the repeal of the comma after the figure "(3)" in the first line of subsection (1) and the substitution therefor of the word and figure "and (4)".

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THE LOCAL GOVERNMENT (AMENDMENT) ACT 1987

EXPLANATORY MEMORANDUM

This short Act seeks to amend section 9 of the Local Government Act 1984 (Act No 2 of 1984) in order to disqualify ex-officio members of local government councils from contesting for elections to such councils.

It will be recalled that under the said Local Government Act every elected member of the Maneaba ni Maungatabu for an electoral district the whole or part of which lies within the area of authority of a council (whether a town or urban council or otherwise) shall be a member of the council ex officio.

As the law now stands there is nothing to prevent any ex officio member from contesting for election to a council of which he is already, in law, a member.

The purpose of this Act is to make it clear beyond doubt that ex officio members of councils are not entitled under any circumstances, to contest for election to such councils.

This amendment has retrospective effect from 1st January 1987. The effect is that is passed to law all such elections to councils by ex officio members since 1st January 1987 have no effect.

Michael N. Takabwebwe
The Attorney General