BILL TO INSTITUTE THE GENERAL CODE OF REGIONAL AND LOCAL AUTHORITIES (pages 11-20 of 145)

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BILL TO INSTITUTE THE GENERAL CODE OF REGIONAL AND LOCAL AUTHORITIES IN CAMEROON pages 11-20 of 145

(4) The representative of the State shall thus take appropriate interim measures.

II – Participation of Citizens in the Actions of Councils and Regions

Section 40: (1) Any natural or legal person may propose to the council or regional executive any measures aimed at fostering the development and/or improving the functioning of the local authority concerned.

          (2) Any inhabitant or taxpayer of a local authority may, at his expense, request the disclosure or obtain a complete or partial copy of the reports of deliberative organs, the budget, draft and annual performance reports, development plans, accounts or orders, under the conditions laid down by regulation.

          (3) The documents referred to in sub-section (2) above shall also be posted on the website of the local authority and filed at its headquarters where they may be consulted.

Section 41: Grassroots civil society associations and organizations as well as neighbourhood and village committees shall contribute to achieving the objectives of local authorities.

CHAPTER III

MANAGEMENT OF LOCAL AUTHORITIES

I – Local Services

I.1- Public management

Section 42: (1) Public management shall consist in the direct management of a service by a local authority as laid down by regulation.

          (2) Local public services directly managed by councils shall operate in accordance with the ordinary law applicable to State public services.

          (3) However, local authorities may directly manage public services where public interest so requires, especially where private initiative is lacking or inadequate.

Section 43: The deliberative organs of local authorities shall draw up the list and provisions which shall be set out in the by-laws of services which they intend to manage directly as local public interest undertakings.

Section 44: (1) Where several local authorities are involved in the functioning of a service, the local public undertaking may be managed:

• either under the supervision of one regional or local authority as a representative of the other regional and local authorities; or
• under the supervision of a group formed by the local authorities involved.

          (2) Where the group is formed for the sole purpose of running an industrial or commercial undertaking, the local authorities may request that the management of the body so established be merged with that of the local public undertaking. In such case, the founding instrument of the group shall be amended in compliance with the provisions of this law.

Section 45: (1) Services that may be directly provided by local authorities may be subject to the technical supervision of the State.

          (2) The conditions for the implementation of sub-section (1) above shall be laid down by regulation.

I.2- Delegated management of local services

Section 46: (1) For a local authority, delegated management shall consist in transferring the management of a public service to another corporate body.

          (2) The different types of delegated management are:

• concession;
• leasing;
• public ownership with private management;
• outsourcing;
• mixed enterprise.

          (3) The delegated management systems of regional or council public services provided for in sub-section (1) above shall be laid down by regulation, subject to the provisions of this law.

Section 47: Under public service concession contracts, local authorities may not include any clause that requires the concession holder to bear the cost of providing services outside the scope of the concession.

Section 48: Public works contracts concluded by local authorities may not include clauses for the leasing of public revenue, except for revenue derived from the operation of the utility under concession.

Section 49: Enterprises running public services under direct 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 regulations in force.

Section 50: Groups of local authorities may, through a concession, manage services which are of interest to each of the local authorities concerned.

Section 51: (1) Any local authority that has conceded or leased a public service or service of public interest may amend or terminate the concession or lease contract in the event of default by the concession holder due to persistent contingent economic or technical reasons that interrupt the normal delivery of the said service.

          (2) The provisions of the sub-section (1) above shall apply mutatis mutandis to the concession holder or operator.

          (3) The local authority concerned must either stop providing the said service or reorganize same on sound economic grounds.

II – Local Public Establishments and Public Enterprises and Shareholding in Public, Semi-public and Private Entities

Section 52: (1) Local authorities may, by resolution of their deliberative organs, either acquire shares or bonds of companies responsible for operating local services, or receive as a royalty contribution or start-up shares issued by the said companies, upon the prior approval of the State supervisory authority, following the maximum participation level set under this law.

          (2) In such case, the articles of association of the companies referred to in sub-section (1) above must provide in favour of the local authority concerned:

• when it is a shareholder, the statutory appointment outside the general meeting of one or more representatives on the board of directors;
• when it is a bond holder, the right to have its interests defended by a special delegate in the company.

          (3) Amendments to the articles of association of such a company shall be subject to the prior approval of the representative of the State, when such amendments concern such local authorities.

Section 53: (1) Securities acquired by local authorities at the floating of corporations or through shareholding in State enterprises or private companies shall be issued either in the form of registered shares or certificates.

          (2) They shall be acquired on the basis of a resolution of the deliberative organ of the local authority concerned and kept by the treasurer of the said authority, even when they have been used as management collateral of the board of directors.

Section 54: (1) Securities used as collateral by the board of directors shall be non-transferable.

          (2) Securities may only be transferred through a resolution approved under the same conditions as for their acquisition.

Section 55: (1) The local authority shall be liable for acts carried out by its representative on the board of directors of a company in which it holds shares, without prejudice to a personal liability claim against the said representative.

          (2) The personal liability claim referred to in sub-section (1) above shall be applicable only in cases of personal error or gross misconduct that undermines the interests of the local authority concerned.

Section 56: Local authorities or groups thereof shall not acquire more than 33% (thirty-three percent) of the share capital of local public establishments and public enterprises, and other public, semi-public and private entities.

III – Property of Local Authorities

Section 57: The public and private property of a local authority shall comprise all movable and immovable property acquired either free of charge or against payment.

Section 58: The deliberative organ of a local authority shall decide on the management of property and on real estate transactions made by the local authority concerned.

Section 59: The cost of real estate acquired by local authorities shall be paid according to conditions laid down by the regulations in force for similar transactions made by the State.

Section 60: (1) The sale of property belonging to local authorities shall be subject to the same rules as for State property.

(2) The proceeds of such sale shall be paid to the local authority’s treasurer.

Section 61: (1) Local authorities may hold government stock acquired particularly through the purchase of securities, with capital derived from repayments by individuals, transfers, exchange balances, gifts and legacies.

(2) Investment in government stock shall be based on a resolution of the local authority concerned.

Section 62: (1) Funds kept by the local authority’s treasurer may be used for the purchase of stock or shares. In such case, he shall register them and keep the certificates.

          (2) Registered stock held by local authorities shall be considered immovable assets.

IV – Contracts Concluded by Local Authorities

Section 63: Members of the executive and the treasurer of a local authority may not, in any form whatsoever, either directly or indirectly, bid for or be awarded contracts, under pain of cancellation of such contracts shall be annulled by the representative of the State.

Section 64: Private law contracts of local authorities shall be concluded in accordance with ordinary law.

Section 65: (1) Where several local authorities jointly hold property or rights, they shall, through an agreement, subject to authorization by the deliberative organ, set up a committee comprising representatives of the deliberative organs concerned.

          (2) Each deliberative organ shall, by secret ballot, elect from among its members the number of representatives fixed by mutual agreement.

          (3) The committee’s deliberations shall be consistent with all rules governing deliberative organs.

Section 66: (1) The duties of the committee and its chairperson shall be to administer the joint property and rights and carry out all related works. Such duties shall correspond to those of the deliberative organs of local authorities and their executives in similar circumstances.

          (2) Notwithstanding the provisions of sub-section (1) above, the sale, exchange, sharing, acquisition or transactions in property shall remain the preserve of deliberative organs which may authorize the committee chairperson to sign the relevant documents.

V – Gifts and Legacies to Local Authorities

Section 67: (1) Resolutions of a local authority relating to the acceptance of gifts and legacies that entail expenses or conditions may be enforced only upon the approval of the minister in charge of local authorities.

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

Section 68: (1) The regional or local authority executive may, as an interim measure, accept the gift or legacy and apply for delivery thereof before the authorization is issued.

          (2) The subsequent resolution of the council shall take effect from the date of such acceptance.

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

Section 69: (1) Local authorities or groupings thereof shall freely accept gifts 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 provisions of Section 68 above.

Section 70. Where the proceeds of the gift can no longer defray its expenses, the minister in charge of local authorities may, by order, authorize the 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 local authority executive acquire the gift.

VI – Works Conducted by Local Authorities

Section 71: Plans and estimates shall be made available to the council or board of the local authority before any new construction or reconstruction work is executed on behalf of the local authority concerned.

PART V

SUPERVISION AND SUPPORT AND ADVICE

Section 72: (1) The State shall, through its representatives, exercise supervisory authority over local authorities by controlling legality.

          (2) The State shall provide support and advice for the effective exercise of the powers devolved and ensure the balanced development of local authorities on the basis of national solidarity, regional and council potentials and interregional and inter-council balance.

CHAPTER I

CONTROL OF LEGALITY

I – Control Powers

Section 73: (1) Under the authority of the President of the Republic, the minister in charge of local authorities and the representative of the State in the local authority shall exercise State control over local authorities and their establishments.

          (2) The control powers referred to in sub-section (1) above shall be exercised to the exclusion of any assessment of timeliness and subject to the cases provided for in Section 77 below.

          (3)  The Governor, appointed by decree of the President of the Republic, shall be the representative of the State in the region. In this capacity, he shall be responsible for national interests, administrative control, ensuring compliance with laws and regulations, as well as maintaining law and order. He shall, under the authority of the Government, supervise and co-ordinate civil State services in the region.

(4) He shall exercise the supervisory authority of the State over the region.

(5) The Senior Divisional Officer shall be the representative of the State in the council. In this capacity, he shall be responsible for national interests, ensuring compliance with laws and regulations, as well as maintaining law and order.

(6) As representatives of the President of the Republic, the Government and each of the ministers, the Governor and the Senior Divisional Officer shall be only authorities empowered to speak on behalf of the State before the deliberative organs of local authorities, council unions and management bodies of establishments of local authorities.

II – Control Mechanism

Section 74: (1) The decisions of local authorities shall be forwarded to the representative of the State in the said local authority, by registered letter or delivery at the competent service, against an acknowledgement of receipt.

          (2) Electronic transmission of documents by local authorities to the representative of the State shall be admitted under the conditions laid down by the laws and regulations in force.

          (3) Evidence of receipt of documents by the representative of the State above may be produced in any form.

          (4) The documents referred to in sub-section (1) above shall be fully binding within 15 (fifteen) days from the day of receipt and upon publication and notification to the persons concerned. The representative of the State may shorten this time limit.

          (5) Notwithstanding the provisions of sub-sections (1) and (2), the representative of the State may, within 15 (fifteen) days from the date of receipt, request a second reading of the said decision. Such request shall defer the enforcement of the document and statutory deadlines applicable in case of litigation, in accordance with the laws in force.

Section 75: (1) Statutory and individual decisions taken by the head of the executive of a local authority in the exercise of his supervisory powers and routine management duties shall become automatically binding upon publication or notification to the persons concerned.

          (2) Such decisions shall be forwarded to the representative of the State and to the local official of the ministry in charge of local authorities within 15 (fifteen) days.

Section 76: (1) Notwithstanding the provisions of Sections 74 and 75 above, all decisions taken in the following areas shall be subject to prior approval by the representative of the State and forwarded to the local official of the ministry in charge local authorities:

• budgets, accounts and special expenditure authorizations;
• loans and loan guarantees;
• international cooperation agreements;
• land matters;
• delegation of public service beyond the current term of office of the deliberative organ of the local authority;

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