Inside the Mayor, Town Clerk divide in local councils
Tsaone Basimanebotlhe | Monday June 22, 2026 06:00
Last week, Katjiontjwa declared the mayor’s decision to adjourn the full council meeting for 14 days as “unlawful”, saying it was made without consulting councillors and without the required two-thirds majority vote as prescribed by the Local Government Act. The Town Clerk then directed that council business resume immediately. But looking back, conflicts between mayors or chairpersons and town clerks or council secretaries are not uncommon in local authorities. While such disputes are often attributed to individuals overstepping their mandates, the roles and responsibilities of each office are clearly defined under the Local Government Act (2012).
“Where both the Mayor or Chairperson and the Deputy Mayor or Deputy Chairperson are absent from, or during, any meeting, the members of the Council or Subordinate Authority present shall elect one from amongst themselves to chair the meeting,” the Local Government Act (2012) states.
Under the law, the mayor or chairperson has the authority to convene council meetings. However, the town clerk or council secretary may also call a meeting under specific circumstances. In the absence of both the mayor and deputy mayor, the town clerk may call a special meeting at any time. Furthermore, upon receiving a written request from at least two-thirds of council members, the town clerk is legally obligated to convene a special meeting. Importantly, Section 25(2) of the Local Government Act stipulates that the notice of a special meeting must clearly state its purpose. Consequently, no business other than the matters specified in the notice may be discussed during that meeting.
Although the town clerk serves as the head of the council administration, the office also carries an advisory role.
The town clerk is expected to provide professional guidance to both the mayor and councillors on matters relating to governance, policy implementation and administrative procedures. As the accounting and administrative head of the council, the town clerk is responsible for ensuring that council operations are conducted efficiently and in accordance with the law.
When adjourning meetings, the Local Government Act (2012) says the Mayor or Chairperson may adjourn any meeting of the Council or Subordinate Authority for any period not exceeding 14 days, and any business of the Council or Subordinate Authority conducted after the meeting has been so adjourned shall be of no effect.
“Notwithstanding subsection (4), the Mayor or Chairperson shall consult the members present before he or she adjourns a meeting. An adjournment under subsection (4) shall be subject to a voting process by the members present, and such adjournment shall be effected when there is a concurrence of two-thirds of members of Council,” section 26 (6) of the Local Government states. Whine on duties of Town Clerk, there are outlined under clause 37 of the Local Government Act (2012) and those include: being the head of the administration of the relevant Council and shall (a) be responsible for the implementation of all lawful decisions taken by the Council;