Fourth Book of Rules Applicable to Regions - Law 2019/024 of 24 Dec 2019 on the General Code of Decentralized Territorial Communities
- TITLE l - GENERAL PROVISIONS
- TITLE II - POWERS TRANSFERRED TO THE REGIONS
- CHAPTER l - ECONOMIC DEVELOPMENT
- CHAPTER II - HEALTH AND SOCIAL DEVELOPMENT
- CHAPTER III - EDUCATIONAL, SPORTING AND CULTURAL DEVELOPMENT
- TITLE III - REGIONAL BODIES
- CHAPTER I - THE REGIONAL COUNCIL
- CHAPTER II - PRESIDENT OF THE REGIONAL COUNCIL
- TITLE IV - RELATIONS BETWEEN THE BODIES OF THE REGION AND THE REPRESENTATIVE OF THE STATE
- TITLE V - SPECIAL STATUS FOR THE NORTH-WEST AND SOUTH-WEST REGIONS
- CHAPTER I - GENERAL PROVISIONS
- CHAPTER II - BODIES IN THE NORTH-WEST AND SOUTH-WEST REGIONS
- CHAPTER III - THE PUBLIC INDEPENDENT CONCILIATOR
TITLE l - GENERAL PROVISIONS
ARTICLE 259 - (1) The Region is a Territorial Collectivity made up of several Departments. It covers the same territorial area as the administrative Region.
(2) The Region is vested with a general mission of economic and social progress. As such, it contributes to the harmonious, balanced, inclusive and sustainable development of the territory.
ARTICLE 260 - The creation of Regions and the modification of their names and boundaries shall be carried out in accordance with the provisions of Article 61 of the Constitution.
ARTICLE 261 - The capital of the Region, a Territorial Collectivity, is the capital of the Region, an administrative district.
ARTICLE 262 - The boundaries or chief towns of the administrative districts concerned shall be rectified:
• the attachment of a Commune or part of a Commune to a Region;
• changes to the territorial boundaries of the Regions ;
• the designation of a new administrative centre.
ARTICLE 263 - The attachment of a Commune or part of a Commune to a Region is subject to the opinion of the deliberating body of the Commune and the deliberating body of the Region concerned.
ARTICLE 264 - Changes to the territorial boundaries of Regions take effect from the date of the opening of the first session of the Regional Council of the newly created entity, subject to any provisions to the contrary in the amending decree. In the latter case, the decree shall provide for the dissolution of the Regional Council or Councils concerned.
ARTICLE 265 - (1) Acts amending the territorial boundaries of one or more Regions shall set out the procedures for doing so, in particular those relating to the devolution of assets.
(2) The acts referred to in paragraph 1 above shall also lay down the conditions for the attribution of assets either to the Region or Regions to which they belong, or to the State:
ARTICLE 266. - (1) In accordance with the legislation in force, the Region may undertake actions complementary to those of the State.
(2) It shall propose to the Communes within its jurisdiction measures designed to promote the coordination of development actions and local investments. To this end, the Regional Councillors take part, as of right, in the work of the Municipal Council of the Commune to which they are attached, in an advisory capacity.
(2) The Region is vested with a general mission of economic and social progress. As such, it contributes to the harmonious, balanced, inclusive and sustainable development of the territory.
ARTICLE 260 - The creation of Regions and the modification of their names and boundaries shall be carried out in accordance with the provisions of Article 61 of the Constitution.
ARTICLE 261 - The capital of the Region, a Territorial Collectivity, is the capital of the Region, an administrative district.
ARTICLE 262 - The boundaries or chief towns of the administrative districts concerned shall be rectified:
• the attachment of a Commune or part of a Commune to a Region;
• changes to the territorial boundaries of the Regions ;
• the designation of a new administrative centre.
ARTICLE 263 - The attachment of a Commune or part of a Commune to a Region is subject to the opinion of the deliberating body of the Commune and the deliberating body of the Region concerned.
ARTICLE 264 - Changes to the territorial boundaries of Regions take effect from the date of the opening of the first session of the Regional Council of the newly created entity, subject to any provisions to the contrary in the amending decree. In the latter case, the decree shall provide for the dissolution of the Regional Council or Councils concerned.
ARTICLE 265 - (1) Acts amending the territorial boundaries of one or more Regions shall set out the procedures for doing so, in particular those relating to the devolution of assets.
(2) The acts referred to in paragraph 1 above shall also lay down the conditions for the attribution of assets either to the Region or Regions to which they belong, or to the State:
- • land or buildings forming part of the public domain;
- • private property ;
- • gifts with encumbrance made in favour of the Region abolished.
ARTICLE 266. - (1) In accordance with the legislation in force, the Region may undertake actions complementary to those of the State.
(2) It shall propose to the Communes within its jurisdiction measures designed to promote the coordination of development actions and local investments. To this end, the Regional Councillors take part, as of right, in the work of the Municipal Council of the Commune to which they are attached, in an advisory capacity.
TITLE II - POWERS TRANSFERRED TO THE REGIONS
CHAPTER l - ECONOMIC DEVELOPMENT
SECTION l - ECONOMIC ACTION
ARTICLE 267 - The following powers are transferred to the Regions:
- • promoting small and medium-sized enterprises;
- • organising trade fairs and exhibitions;
- • promoting the craft industry ;
- • promoting agricultural, pastoral and fish farming activities;
- • encouraging the creation of regional groupings of economic operators;
- • support for micro-projects that generate income and jobs;
- • promoting tourism.
SECTION II - MANAGEMENT OF THE ENVIRONMENT AND NATURAL RESOURCES
ARTICLE 268 - The following powers are transferred to the Regions:
- • the management, protection and maintenance of protected areas and natural sites under the jurisdiction of the Region;
- • fencing and other local nature protection measures;
- • water management of regional interest;
- • the creation of woods, forests and protected areas of regional interest in accordance with a plan duly approved by the State representative;
- • the creation of firebreaks and early burning as part of the fight against bush fires;
- • the management of Regional Nature Parks, in accordance with a plan submitted to the State representative for approval;
- • drawing up, implementing and monitoring regional environmental action plans or schemes;
- • drawing up and implementing specific regional risk prevention and emergency response plans.
SECTION III - PLANNING, REGIONAL DEVELOPMENT, PUBLIC WORKS, TOWN PLANNING AND HOUSING
ARTICLE 269 - The following powers are transferred to the Regions :
- • drawing up and implementing regional development plans;
- • the signing, in conjunction with the State, of plan contracts to achieve development objectives;
- • participation in the organisation and management of inter-urban public transport;
- • coordinating development initiatives;
- • the preparation of the Regional Spatial Development Plan in accordance with the national plan;
- • participating in the preparation of urban planning documents and master plans for local authorities;
- • rehabilitation and maintenance of departmental and regional roads;
- • support for local authorities in urban planning and housing.
CHAPTER II - HEALTH AND SOCIAL DEVELOPMENT
SINGLE SECTION - HEALTH AND SOCIAL ACTION
ARTICLE 270 - The following powers are transferred to the Regions:
- • the creation, in accordance with the health map, equipment, management and maintenance of the Region's health facilities;
- • participation in the upkeep and management of social promotion and/or reintegration centres;
- • recruitment and management of nursing and paramedical staff in regional and district hospitals;
- • support for health and social facilities;
- • implementing preventive and hygiene measures;
- • organising and managing assistance for those in need;
- • taking part in drawing up the regional slice of the health map;
- • helping to organise and manage the supply of essential medicines, reagents and devices in line with national health policy.
CHAPTER III - EDUCATIONAL, SPORTING AND CULTURAL DEVELOPMENT
SECTION I - EDUCATION, LITERACY AND VOCATIONAL TRAINING
ARTICLE 271 - The following powers are transferred to the Regions:
a. with regard to education :
- • taking part in drawing up and implementing the regional section of the national school map;
- • the creation, equipping, management, upkeep and maintenance of the Region's secondary schools;
- • the recruitment and management of teaching and support staff at these establishments;
- • the purchase of school equipment and supplies;
- • the distribution and allocation of grants and educational assistance;
- • participation in the management and administration of state secondary schools, through dialogue and consultation structures;
- • support for the work of local authorities in primary and nursery education.
b. literacy :
- • drawing up and implementing regional plans to eradicate illiteracy;
- • the annual summary of the implementation of literacy campaign plans;
- • recruitment of literacy staff ;
- • training the trainers ;
- • the design and production of teaching materials;
- • producing a literacy map;
- • the provision of educational infrastructure and facilities;
- • monitoring and evaluating plans to eradicate illiteracy;
c. vocational training:
- • an exhaustive inventory of regional occupations and a directory of existing vocational training courses, with an indication of the skills required and training profiles;
- • participating in the preparation of the regional tranche of the school map relating to technical education and vocational training;
- • drawing up a forward training plan ;
- • the upkeep and maintenance of the Region's training establishments, centres and institutes;
- • recruitment and management of support staff ;
- • - participation in the purchase of teaching materials, in particular supplies and labour ;
- • participation in the management and administration of state training centres through dialogue and consultation structures;
- • drawing up a regional plan for the professional integration of young people;
- • help in drawing up school-business partnership contracts.
SECTION II - YOUTH, SPORTS AND LEISURE ACTIVITIES
ARTICLE 272 - The following powers are transferred to the Regions :
- • issuing authorisations to open educational centres, duly approved by the State representative;
- • assistance to regional sports associations ;
- • the construction, administration and management of regional sports and socio-educational facilities;
- • organising, leading and developing socio-educational activities;
- • the promotion and management of physical and sporting activities at regional level;
- • the creation and operation of leisure parks of regional interest;
- • the organisation of socio-cultural events for leisure purposes of regional interest.
SECTION III - CULTURE AND THE PROMOTION OF NATIONAL LANGUAGES
ARTICLE 273 - The following powers are transferred to the Regions:
- • a. culture :
- • promoting and developing cultural activities;
- • participating in the surveillance and monitoring of the state of conservation of historic sites and monuments, and in the discovery of prehistoric or historic remains;
- • organising cultural days, traditional cultural events and literary and artistic competitions;
- • the creation and management of orchestras, traditional lyrical ensembles, corps de ballets and theatre groups of regional interest;
- • the creation and management of socio-cultural centres and public reading libraries of regional interest;
- • collecting and translating elements of oral tradition, in particular tales, myths and legends, with a view to facilitating their publication;
- • assistance to cultural associations.
b. promotion of national languages :
- • functional mastery of national languages and development of the regional linguistic map ;
- • participation in the promotion of publishing in national languages;
- • promoting the spoken and written press in national languages;
- • the provision of infrastructure and equipment.
TITLE III - REGIONAL BODIES
ARTICLE 274 - (1) The bodies of the Region are:
(2) The Regional Council, through its deliberations, the President of the Regional Council, through the acts he/she takes, the investigation of matters and the execution of deliberations, contribute to the administration of the Region.
- • the Regional Council;
- • the President of the Regional Council.
(2) The Regional Council, through its deliberations, the President of the Regional Council, through the acts he/she takes, the investigation of matters and the execution of deliberations, contribute to the administration of the Region.
CHAPTER I - THE REGIONAL COUNCIL
SECTION I - FORMATION OF THE REGIONAL COUNCIL
ARTICLE 275 - (1) The Regional Council is the deliberative body of the Region.
(2) It is composed of ninety (90) Regional Councillors whose term of office is five (5) years.
(3) The Regional Council comprises :
• delegates from the départements elected by indirect universal suffrage;
• representatives of the traditional command elected by their peers.
ARTICLE 276 - (1) The Regional Council must reflect the different sociological components of the Region. In particular, it must ensure the representation of the indigenous population of the Region, minorities and gender.
(2) Members of Parliament and Mayors of the Region may attend its meetings in an advisory capacity.
SECTION II - POWERS OF THE REGIONAL COUNCIL
ARTICLE 277 - (1) The Regional Council shall regulate the affairs of the Region through its deliberations.
(2) It shall give its opinion whenever required by laws and regulations or at the request of the representative of the State.
(3) It may formulate resolutions on all matters of regional interest.
(4) It is kept informed of the progress of work and actions financed by the Region.
(5) It must be consulted on the implementation, on the territory of the Region, of any development or equipment project by the State, the Communes or any public, semi-public or private bodies.
(6) It shall determine its Rules of Procedure.
ARTICLE 278 - The Regional Council shall deliberate, in particular, on :
(2) It is composed of ninety (90) Regional Councillors whose term of office is five (5) years.
(3) The Regional Council comprises :
• delegates from the départements elected by indirect universal suffrage;
• representatives of the traditional command elected by their peers.
ARTICLE 276 - (1) The Regional Council must reflect the different sociological components of the Region. In particular, it must ensure the representation of the indigenous population of the Region, minorities and gender.
(2) Members of Parliament and Mayors of the Region may attend its meetings in an advisory capacity.
SECTION II - POWERS OF THE REGIONAL COUNCIL
ARTICLE 277 - (1) The Regional Council shall regulate the affairs of the Region through its deliberations.
(2) It shall give its opinion whenever required by laws and regulations or at the request of the representative of the State.
(3) It may formulate resolutions on all matters of regional interest.
(4) It is kept informed of the progress of work and actions financed by the Region.
(5) It must be consulted on the implementation, on the territory of the Region, of any development or equipment project by the State, the Communes or any public, semi-public or private bodies.
(6) It shall determine its Rules of Procedure.
ARTICLE 278 - The Regional Council shall deliberate, in particular, on :
- • development plans and programmes ;
- • the budget and the administrative and management accounts ;
- • the creation and management of public facilities of regional interest in the fields of secondary education, health, public hygiene and sanitation, road and communication infrastructures classified as regional, public transport and traffic plans, water and energy, fairs and markets, youth, sport, arts and culture, and activities for the artisanal exploitation of the Region's mineral resources;
- • management of areas of regional interest, including pollution and nuisance control, organisation of agricultural and animal health activities, land management, acquisition and disposal of heritage assets, management of forestry, wildlife and fisheries resources;
- • the creation and management of regional public services.
- • the organisation of interventions in the economic field ;
- • the organisation of craft and tourist activities;
- • the organisation of social promotion and protection activities;
- • setting the rates of levy for regional taxes and charges within the ranges laid down by law;
- • acceptance or refusal of donations, grants and legacies;
- • leases and other agreements;
- • loans and loan guarantees or endorsements ;
- • the award of grants;
- • equity investments ;
- • twinning and cooperation projects with other national or foreign local authorities;
- • staff management procedures;
- • the internal rules setting out, among other things, the operating procedures of the Regional Commissions;
- • the rules and conditions governing access to and use of water sources of all kinds.
ARTICLE 279 - (1) The Regional Council may delegate the exercise of part of its powers to the Executive Committee, with the exception of those referred to in Article 278 above. The corresponding decision must be the subject of a resolution determining the scope and duration of the delegation. At the end of the period of delegation, a report thereon shall be made to the Council.
(2) The Board appoints from among its members delegates to sit on external bodies, in accordance with the texts governing such bodies. The determination of the term of office assigned to these members or delegates does not deprive the Regional Council of the right to replace them, at any time and for the remainder of that term.
SECTION III - OPERATION OF THE REGIONAL COUNCIL
ARTICLE 280 - (1) The Regional Council shall meet once (01) per quarter in ordinary session, convened by its Chairman who shall set the agenda. The duration of each session may not exceed eight (08) days, with the exception of the budget session, which may last fifteen (15) days.
(2) For years in which the term of office of Regional Councillors is renewed, as well as for the initial establishment of Regional Councils, the first session shall be held as of right on the second Tuesday following the proclamation of the results. In this case, the session is convened by the representative of the State.
(3) In the event of renewal, in accordance with the provisions of paragraph 2 above, the powers of the outgoing Regional Council shall expire at the opening of the session as of right.
ARTICLE 281 - The Regional Council shall meet in extraordinary session on an agenda determined at the request of :
- • of its Chairman;
- • of at least two-thirds (2/3) of its members, for a period not exceeding three (03) days;
- • the State representative.
ARTICLE 282 - (1) The Regional Council has four (04) committees, each chaired by a Commissioner:
- • the Committee on Administrative and Legal Affairs and Internal Rules ;
- • the Committee on Education, Health, Population, Social and Cultural Affairs, Youth and Sport ;
- • the Committee on Finance, Infrastructure, Planning and Economic Development;
- • the Committee on the Environment, Regional Planning, Estates, Town Planning and Housing.
(2) Notwithstanding the provisions of paragraph 1 above, the Regional Council may:
create or dissolve any other committee by deliberation, at the request of its Chairman or of two thirds of its members;
call for consultation any person, by reason of his/her competence, on a subject included on the agenda of a session or on the agenda of the meeting of a committee;
create or dissolve any << ad hoc> committee.
ARTICLE 283 - Persons called for consultation and members other than elected members of ad hoc committees shall receive an allowance.
ARTICLE 284 - (1) The budgetary envelope used as a basis for determining the allowances and expenses provided for in Article 283 above is the total amount of actual recoveries shown in the last approved administrative account.
(2) For the initial establishment of the Regional Councils, the budgetary allocation provided for in paragraph 1 above is indexed to the General Allocation for Decentralisation.
(3) The determination of the amounts, the methods of payment of the allowances allocated to the Regional Councillors and persons called for consultation, as well as the reimbursement of the expenses referred to in paragraph 1 above, shall be determined by regulation.
ARTICLE 285 - (1) The Regional Council may only deliberate when the absolute majority of its members in office are present. However, if the Regional Council does not meet on the day specified in the notice of meeting in sufficient number to deliberate, the meeting shall be convened as of right eight (08) days later and the deliberations shall then be valid if at least one quarter of the members of the Council are present.
(2) Resolutions are adopted by a simple majority of the members present and voting. In the event of a tie, the Chairman shall have the casting vote, except in the case of a secret ballot. In this case, the vote shall be taken by public ballot at the request of at least one third of the members. The full names of those voting, together with their votes, shall be recorded in the minutes.
ARTICLE 286 - Meetings of the Regional Council shall be public, unless decided otherwise by an absolute majority of the members present or represented.
ARTICLE 287 - (1) A Regional Councillor who is unable to attend a meeting may give a written mandate to another Regional Councillor.
(2) A Regional Councillor may only receive one mandate per session.
(3) The Regional Council may cancel any mandate if it deems that the absence of the mandator is not justified.
ARTICLE 288 - (1) The notice provided for in article 280 above must reach the elected members of the Regional Council in writing at least fifteen (15) clear days before the meeting is due to take place.
(2) It shall be accompanied by working documents relating to each of the subjects on the agenda. Where necessary, the Chairman of the Regional Council shall draw up a report on each of these subjects.
ARTICLE 289 - (1) When the Regional Council sits and decides outside its legal sessions or on a subject outside its remit, the representative of the State shall take all appropriate measures to put an immediate end to the meeting.
(2) In this case, the Regional Council is forbidden to publish proclamations and addresses, to issue political wishes threatening territorial integrity or national unity, or to communicate with one or more regional deliberative bodies except in cases provided for by the legislation in force.
(3) In the case provided for in paragraph 2 above, legal proceedings shall be instituted against the members of the Regional Council who are the authors of the said statements, addresses, proclamations or communications, at the behest of the representative of the State.
(4) In the event of conviction, participants in the meeting shall be excluded from the Regional Council and ineligible for five (05) years following such conviction.
ARTICLE 290 - (1) The President shall report to the Regional Council, in a special report presented in the month of January following the financial year, on the situation of the Region, on the matters transferred, on the activity and operation of the various departments and bodies of the Region, as well as on the appropriations allocated to them.
(2) The report provided for in paragraph 1 above specifies the state of implementation of the deliberations of the Regional Council and the financial situation of the Region. It gives rise to a debate; it is then sent to the representative of the State and to the Senate, for information, and is then made public.
ARTICLE 291 - The duties of the Secretaries of the sessions of the Regional Council are carried out by the Secretaries of the Regional Bureau. In the event of impediment or absence, the Chairman of the Regional Council or, where applicable, the Chairman of the meeting, shall appoint another Regional Councillor to act as Secretary.
ARTICLE 292 - (1) At the end of each session, the Secretary of the meeting shall submit to the Regional Council for approval a written record of the resolutions passed during the session concerned.
(2) The record referred to in paragraph 1 above shall be signed by all members present and voting. It serves as a basis for the drafting of resolutions.
ARTICLE 293 - (1) The Secretary of the meeting shall draw up the minutes of the session, co-signed by the President of the Regional Council.
(2) The minutes of the session provided for in paragraph 1 above shall record the proceedings of the Regional Council. They shall be communicated to the members of the Regional Council fifteen (15) days before the next session is due to be held, and then submitted for their approval at the opening of the said session.
ARTICLE 294 - The deliberations of the Regional Council are kept in chronological order in a register signed and initialled by the representative of the State.
ARTICLE 295 - Regional Councillors benefit from the protection provided for in article 129 of this law when they are entrusted with the execution of a special mandate.
SECTION IV - SUSPENSION, DISSOLUTION OF THE REGIONAL COUNCIL, SUBSTITUTION, TERMINATION OF FUNCTIONS AND REPLACEMENT
ARTICLE 296 - (1) The Regional Council may be suspended by decree of the President of the Republic, on the proposal of the Minister responsible for local authorities, in the event of :
- • performing acts contrary to the Constitution ;
- • undermining state security or public order;
- • jeopardising the integrity of the national territory;
- • lasting inability to function normally.
(2) The suspension provided for in paragraph 1 above may not exceed two (02) months.
(3) The suspension may be preceded by a formal notice sent to the Council concerned by the Minister in charge of local authorities.
ARTICLE 297 - The President of the Republic may, by decree, after obtaining the opinion of the Constitutional Council, dissolve a Regional Council:
- • in one of the cases provided for in article 296 above;
- • in the event of persistence or impossibility of re-establishing the situation that prevailed previously, on expiry of the period provided for in article 296 above.
ARTICLE 298 - (1) In the event of the dissolution of a Regional Council, the President of the Republic shall create, by decree, a special delegation including a Chairman and a Vice-Chairman, on the proposal of the Minister in charge of local authorities.
(2) The powers of the special delegation provided for in paragraph 1 above are limited to the conduct of day-to-day business, protective measures and seeking solutions to matters of proven urgency.
(3) The special delegation may under no circumstances :
- • commit the Region's finances above a threshold set by regulation;
- • dispose of or exchange properties owned by the Region ;
- • modify the number of Regional staff ;
- • vote on loans.
(4) A by-election of Regional Councillors shall be held within a maximum period of six (06) months. The powers of the special delegation provided for in paragraph 1 above cease as soon as the new Regional Council is installed.
ARTICLE 299 - A special delegation is also set up, under the same conditions, in the event of the resignation of all the members of a Regional Council or a final court decision annulling the election.
ARTICLE 300 - The composition of any special delegation is determined by the decree creating it.
ARTICLE 301 - Substitution in budgetary matters is carried out in accordance with the provisions of this law.
ARTICLE 302 (1) Any duly convened member of the Regional Council who, without legitimate reason, fails to attend three (03) successive sessions may, after having been invited to provide explanations by the Chairman of the Regional Council, be declared to have resigned by a decision of the Minister in charge of local and regional authorities, on the advice of the Regional Council. The decision, a copy of which must be sent to the person concerned and to the representative of the State, may be appealed before the competent court.
(2) A Councillor declared to have resigned in accordance with the provisions of paragraph 1 above may not stand as a candidate in the by-election or general election to the Regional Council immediately following the date of his or her compulsory resignation.
ARTICLE 303 - (1) Any member of the Regional Council who, without a valid excuse, has refused to carry out the duties devolved upon him/her by the laws and regulations may be declared to have resigned by a decision of the Minister in charge of local authorities, following the opinion of the Regional Council.
(2) Refusal results either from a written declaration addressed to the appropriate person or made public by the person who has refused, or from persistent failure to do so, after formal notice from the Minister in charge of local authorities, within a time limit set by the latter.
ARTICLE 304 - Voluntary resignations are sent by registered letter to the President of the Regional Council, with a copy to the representative of the State. Resignations are final from the date of acknowledgement of receipt by the Chairman of the Regional Council or, in the absence of acknowledgement of receipt, within a maximum period of one (01) month from the date the resignation is sent a second time by registered letter.
ARTICLE 305 - (1) In times of war and in the event of intelligence with the enemy, individual Regional Councillors may, for reasons of public order or general interest, be suspended by decree of the President of the Republic until the cessation of hostilities. The members of the Regional Council thus suspended may not be replaced for the remainder of the term of office of the said Council.
(2) However, if this measure should reduce the number of members of the council by at least half, the same decree institutes a special delegation empowered to replace the Regional Council.
CHAPTER II - PRESIDENT OF THE REGIONAL COUNCIL
ARTICLE 306 - The President of the Regional Council is the Executive of the Region. He is assisted by a Regional Bureau elected at the same time as him within the Council. The Regional Bureau must reflect the sociological composition of the Region.
SECTION I - ELECTION OF THE PRESIDENT AND THE REGIONAL EXECUTIVE COMMITTEE
ARTICLE 307 - (1) During its first session, the Regional Council shall elect from among its members a President assisted by a Bureau consisting of a First Vice-President, a Vice-President, two Quaestors and two Secretaries.
(2) The President of the Regional Council shall be a person indigenous to the Region, elected from among its members for the duration of the Council's term of office.
(3) During the session provided for in paragraph 1 above, the Regional Council shall be chaired by its oldest member, the youngest member acting as Secretary of the session.
(4) The election shall be held by secret ballot and by an absolute majority of the members of the Regional Council present and voting.
(5) If, following two (02) ballots, no candidate has obtained an absolute majority, a third ballot shall be held and the election shall be by relative majority. In the event of a tie, the oldest candidate shall be declared elected.
(6) The Regional Council may only deliberate in the case provided for in paragraph 5 above if two thirds (2/3) of its members are present. If this condition is not met, the meeting is convened automatically eight (08) days later. It may then be held without a quorum being required.
(7) Immediately after the election of the Chairman, and under his chairmanship, the Regional Council shall complete its bureau by electing, under the same conditions as the Chairman, the First Vice-Chairman. The Vice-President, the two (02) Quaestors and the two (02) Secretaries are elected from a list by majority vote in one round.
ARTICLE 308 - After the election of its officers, the Regional Council sets up its committees and appoints its members or delegates to represent it in external bodies.
ARTICLE 309- (1) The Chairman and the members of the Regional Executive are elected for the duration of the term of office.
(2) The election of the Chairman and the members of the Regional Council Bureau shall be recorded by an order of the Minister responsible for local authorities.
(3) An appeal for annulment may be lodged in accordance with the rules laid down by the legislation in force for the annulment of the election of Regional Councillors.
(4) Where the election is annulled or where, for any other reason, one or more
members of the Regional Executive have ceased to hold office, the Regional Council shall be convened to replace them within a maximum period of one (01) month.
ARTICLE 316 - (1) The Chairman of the Regional Council shall take an oath before the competent Court of Appeal before taking office.
(2) The wording of the oath is as follows << I swear on my honour and undertake to serve the interests of the Region and to carry out my duties loyally and faithfully without discrimination or favouritism in compliance with the law and in accordance with the values of democracy and the principles of unity and integrity of the Republic >>.
ARTICLE 311 - The duties of the President of the Regional Council are incompatible with those of :
SECTION II - POWERS OF THE PRESIDENT OF THE REGIONAL COUNCIL
ARTICLE 312 - (1) The President of the Regional Council is the executive body of the Region.
In this capacity, he shall:
(2) He may, under his supervision and responsibility, delegate his signature to the members of the Bureau. Under the same conditions, he may delegate his signature to the Secretary General of the Region and to the heads of the Region's departments.
ARTICLE 313 - (1) For the preparation and execution of the deliberations of the Regional Council, the President may make use, as necessary, of the decentralised services of the State within the framework of an agreement signed with the representative of the State, specifying the conditions under which the Region will pay for these services.
(2) The President of the Regional Council may, under his supervision and responsibility, delegate his powers of signature to the heads of the said services for the performance of the tasks that he entrusts to them, in application of paragraph 1 above.
(3) Standard agreements relating to the use by the Region of decentralised State services are laid down by regulation.
SECTION III - SUSPENSION, TERMINATION OF OFFICE AND REPLACEMENT
ARTICLE 314 - The President and the Regional Executive may be suspended by decree of the President of the Republic, in the cases listed in article 296 of this Act.
ARTICLE 315 - The President of the Republic may, after consulting the Constitutional Council, dismiss the President and the Regional Executive, in accordance with the provisions of article 297 of this Act.
ARTICLE 316 - (1) The President of the Regional Council who, for any reason subsequent to his or her election, no longer fulfils the conditions required to be President or who is in one of the cases of ineligibility provided for by the legislation in force, shall immediately cease to hold office. The Minister responsible for local authorities shall order him/her to resign immediately from the said office, without waiting for his/her successor to be installed.
(2) Where the President of the Regional Council refuses to resign, the Minister in charge of local and regional authorities shall notify him/her of the immediate cessation of his/her duties and propose to the President of the Republic that he/she be declared ineligible.
ARTICLE 317 - (1) The President of the Regional Council appointed to an office incompatible with his or her mandate must make a declaration of option within thirty (30) days of the date of his or her appointment. Once this period has elapsed, he/she is invited by the Minister responsible for local authorities to relinquish one of his/her functions.
(2) In the event of refusal of the option or within a maximum period of fifteen (15) days, the President of the Regional Council shall be declared to have resigned by decree of the President of the Republic, on the proposal of the Minister in charge of Local Government.
ARTICLE 318 - The resignation of the President of the Regional Council is sent to the Minister in charge of local authorities by registered letter with acknowledgement of receipt. It is final from the date of acceptance by the said Minister or, in the absence of acknowledgement of receipt, within a maximum period of one (01) month after a new registered letter has been sent.
ARTICLE 319 - Any President of a Regional Council who has deliberately resigned in order to prevent or suspend either the administration of Justice or the performance of any service whatsoever, shall be punished in accordance with the criminal legislation in force.
ARTICLE 320 - (1) In the event of death, resignation, removal from office, suspension, absence or any other impediment duly recorded by the representative of the State after consultation of the Bureau, the President shall be temporarily replaced by the First Vice-President or, if the latter is unable to act, by the Vice-President or by any other member of the Bureau in the order of precedence or, failing this, by a Regional Councillor in the same order.
(2) At the next ordinary session, the President who is permanently prevented from attending shall be replaced; the Bureau shall be completed accordingly if necessary.
ARTICLE 321 - (1) In the event of the death, resignation or dismissal of a President, his replacement shall exercise all his functions.
(2) In the event of suspension or impediment duly recorded by the representative of the State after consultation of the Executive Committee, the President's substitute shall only be responsible for the conduct of current business. He/she may neither Substitute for the President in the general management of the Region's affairs, nor modify his/her decisions.
ARTICLE 322 - (1) In the event that the President of the Regional Council refuses or neglects to carry out one of the acts required of him/her by the laws or regulations in force which are absolutely necessary in the interest of the Region, the Minister in charge of Local Authorities, after formal notice, may have this carried out ex officio.
(2) The formal notice referred to in paragraph 1 above shall be given by any means in writing. It shall indicate the time limit set for the Chairman to respond to the Minister responsible for local authorities. Where the formal notice has remained without effect within the time limit set, this silence shall be equivalent to a refusal.
(3) In the case of a measure of inter-regional interest, the Minister responsible for local and regional authorities may, under the same conditions, take the place of the Presidents of the Regional Councils concerned.
SECTION IV - REGIONAL ADMINISTRATION
ARTICLE 323 - (1) The President of the Republic appoints the Secretary General of the Region on the proposal of the Minister in charge of local authorities. He shall terminate these functions.
(2) The Secretary General, a senior executive with good experience in local development management, leads the services of the Regional Administration. Under the authority of the President of the Regional Council, of whom he/she is the main collaborator, he/she examines matters and implements decisions taken by the latter. To this end, he/she receives the necessary delegations of signature.
(3) He attends meetings of the Bureau and of the Regional Council for which he provides secretarial services.
ARTICLE 324 - (1) The President of the Regional Council appoints, by decree, to the posts provided for by the text organising the regional administration.
(2) The order appointing officials with the rank of Director is subject to the approval of the representative of the State, who has a period of eight (08) days to approve or reject the proposed appointments. After this period, the State representative's approval is deemed to have been granted.
SECTION I - ELECTION OF THE PRESIDENT AND THE REGIONAL EXECUTIVE COMMITTEE
ARTICLE 307 - (1) During its first session, the Regional Council shall elect from among its members a President assisted by a Bureau consisting of a First Vice-President, a Vice-President, two Quaestors and two Secretaries.
(2) The President of the Regional Council shall be a person indigenous to the Region, elected from among its members for the duration of the Council's term of office.
(3) During the session provided for in paragraph 1 above, the Regional Council shall be chaired by its oldest member, the youngest member acting as Secretary of the session.
(4) The election shall be held by secret ballot and by an absolute majority of the members of the Regional Council present and voting.
(5) If, following two (02) ballots, no candidate has obtained an absolute majority, a third ballot shall be held and the election shall be by relative majority. In the event of a tie, the oldest candidate shall be declared elected.
(6) The Regional Council may only deliberate in the case provided for in paragraph 5 above if two thirds (2/3) of its members are present. If this condition is not met, the meeting is convened automatically eight (08) days later. It may then be held without a quorum being required.
(7) Immediately after the election of the Chairman, and under his chairmanship, the Regional Council shall complete its bureau by electing, under the same conditions as the Chairman, the First Vice-Chairman. The Vice-President, the two (02) Quaestors and the two (02) Secretaries are elected from a list by majority vote in one round.
ARTICLE 308 - After the election of its officers, the Regional Council sets up its committees and appoints its members or delegates to represent it in external bodies.
ARTICLE 309- (1) The Chairman and the members of the Regional Executive are elected for the duration of the term of office.
(2) The election of the Chairman and the members of the Regional Council Bureau shall be recorded by an order of the Minister responsible for local authorities.
(3) An appeal for annulment may be lodged in accordance with the rules laid down by the legislation in force for the annulment of the election of Regional Councillors.
(4) Where the election is annulled or where, for any other reason, one or more
members of the Regional Executive have ceased to hold office, the Regional Council shall be convened to replace them within a maximum period of one (01) month.
ARTICLE 316 - (1) The Chairman of the Regional Council shall take an oath before the competent Court of Appeal before taking office.
(2) The wording of the oath is as follows << I swear on my honour and undertake to serve the interests of the Region and to carry out my duties loyally and faithfully without discrimination or favouritism in compliance with the law and in accordance with the values of democracy and the principles of unity and integrity of the Republic >>.
ARTICLE 311 - The duties of the President of the Regional Council are incompatible with those of :
- • Member of the Government and equivalent ;
- • Member of Parliament and Senator;
- • Administrative authority ;
- • Mayor ;
- • Ambassador or official in a diplomatic mission ;
- • President of the courts and tribunals ;
- • Chief Executive Officer or Director of a public institution or company with public shareholding ;
- • Secretary General of Ministries and Similar ;
- • Director of Central Administration ;
- • Member of the forces of law and order ;
- • Agent and employee of the Region concerned ;
- • Financial administration officer with knowledge of the finances or accounts of the Region concerned.
SECTION II - POWERS OF THE PRESIDENT OF THE REGIONAL COUNCIL
ARTICLE 312 - (1) The President of the Regional Council is the executive body of the Region.
In this capacity, he shall:
- • is the contact for the State representative;
- • represents the Region in civil and legal matters;
- • prepares and implements the decisions of the Regional Council;
- • authorises the income and expenditure of the Region, subject to the specific provisions laid down by the legislation in force;
- • manages the domain of the Region and exercises the police powers associated with this management, particularly with regard to traffic on this domain, subject to the powers devolved to the representative of the State and to the Mayors.
(2) He may, under his supervision and responsibility, delegate his signature to the members of the Bureau. Under the same conditions, he may delegate his signature to the Secretary General of the Region and to the heads of the Region's departments.
ARTICLE 313 - (1) For the preparation and execution of the deliberations of the Regional Council, the President may make use, as necessary, of the decentralised services of the State within the framework of an agreement signed with the representative of the State, specifying the conditions under which the Region will pay for these services.
(2) The President of the Regional Council may, under his supervision and responsibility, delegate his powers of signature to the heads of the said services for the performance of the tasks that he entrusts to them, in application of paragraph 1 above.
(3) Standard agreements relating to the use by the Region of decentralised State services are laid down by regulation.
SECTION III - SUSPENSION, TERMINATION OF OFFICE AND REPLACEMENT
ARTICLE 314 - The President and the Regional Executive may be suspended by decree of the President of the Republic, in the cases listed in article 296 of this Act.
ARTICLE 315 - The President of the Republic may, after consulting the Constitutional Council, dismiss the President and the Regional Executive, in accordance with the provisions of article 297 of this Act.
ARTICLE 316 - (1) The President of the Regional Council who, for any reason subsequent to his or her election, no longer fulfils the conditions required to be President or who is in one of the cases of ineligibility provided for by the legislation in force, shall immediately cease to hold office. The Minister responsible for local authorities shall order him/her to resign immediately from the said office, without waiting for his/her successor to be installed.
(2) Where the President of the Regional Council refuses to resign, the Minister in charge of local and regional authorities shall notify him/her of the immediate cessation of his/her duties and propose to the President of the Republic that he/she be declared ineligible.
ARTICLE 317 - (1) The President of the Regional Council appointed to an office incompatible with his or her mandate must make a declaration of option within thirty (30) days of the date of his or her appointment. Once this period has elapsed, he/she is invited by the Minister responsible for local authorities to relinquish one of his/her functions.
(2) In the event of refusal of the option or within a maximum period of fifteen (15) days, the President of the Regional Council shall be declared to have resigned by decree of the President of the Republic, on the proposal of the Minister in charge of Local Government.
ARTICLE 318 - The resignation of the President of the Regional Council is sent to the Minister in charge of local authorities by registered letter with acknowledgement of receipt. It is final from the date of acceptance by the said Minister or, in the absence of acknowledgement of receipt, within a maximum period of one (01) month after a new registered letter has been sent.
ARTICLE 319 - Any President of a Regional Council who has deliberately resigned in order to prevent or suspend either the administration of Justice or the performance of any service whatsoever, shall be punished in accordance with the criminal legislation in force.
ARTICLE 320 - (1) In the event of death, resignation, removal from office, suspension, absence or any other impediment duly recorded by the representative of the State after consultation of the Bureau, the President shall be temporarily replaced by the First Vice-President or, if the latter is unable to act, by the Vice-President or by any other member of the Bureau in the order of precedence or, failing this, by a Regional Councillor in the same order.
(2) At the next ordinary session, the President who is permanently prevented from attending shall be replaced; the Bureau shall be completed accordingly if necessary.
ARTICLE 321 - (1) In the event of the death, resignation or dismissal of a President, his replacement shall exercise all his functions.
(2) In the event of suspension or impediment duly recorded by the representative of the State after consultation of the Executive Committee, the President's substitute shall only be responsible for the conduct of current business. He/she may neither Substitute for the President in the general management of the Region's affairs, nor modify his/her decisions.
ARTICLE 322 - (1) In the event that the President of the Regional Council refuses or neglects to carry out one of the acts required of him/her by the laws or regulations in force which are absolutely necessary in the interest of the Region, the Minister in charge of Local Authorities, after formal notice, may have this carried out ex officio.
(2) The formal notice referred to in paragraph 1 above shall be given by any means in writing. It shall indicate the time limit set for the Chairman to respond to the Minister responsible for local authorities. Where the formal notice has remained without effect within the time limit set, this silence shall be equivalent to a refusal.
(3) In the case of a measure of inter-regional interest, the Minister responsible for local and regional authorities may, under the same conditions, take the place of the Presidents of the Regional Councils concerned.
SECTION IV - REGIONAL ADMINISTRATION
ARTICLE 323 - (1) The President of the Republic appoints the Secretary General of the Region on the proposal of the Minister in charge of local authorities. He shall terminate these functions.
(2) The Secretary General, a senior executive with good experience in local development management, leads the services of the Regional Administration. Under the authority of the President of the Regional Council, of whom he/she is the main collaborator, he/she examines matters and implements decisions taken by the latter. To this end, he/she receives the necessary delegations of signature.
(3) He attends meetings of the Bureau and of the Regional Council for which he provides secretarial services.
ARTICLE 324 - (1) The President of the Regional Council appoints, by decree, to the posts provided for by the text organising the regional administration.
(2) The order appointing officials with the rank of Director is subject to the approval of the representative of the State, who has a period of eight (08) days to approve or reject the proposed appointments. After this period, the State representative's approval is deemed to have been granted.
TITLE IV - RELATIONS BETWEEN THE BODIES OF THE REGION AND THE REPRESENTATIVE OF THE STATE
ARTICLE 325 - (1) The presence of the representative of the State or his duly authorised delegate at meetings of the Regional Council is a matter of right. Whenever he so requests, the representative of the State or his delegate shall be heard, but may neither take part in the vote nor chair the Regional Council. His statements are recorded in the minutes of the deliberations.
(2) At the first session of the year following the end of the financial year, the State representative presents a special report to the Regional Council on the activities of the State services in the Region. This special report gives rise to a debate in his presence.
(3) The representative of the State who is unable to attend the work of the session provided for in paragraph 2 above may request the postponement of the session under conditions laid down by regulation.
ARTICLE 326 - The State representative holds a harmonisation conference at least twice (02) a year on the investment programmes of the State and the Region. The President of the Regional Council and members of the Bureau attend.
(2) At the first session of the year following the end of the financial year, the State representative presents a special report to the Regional Council on the activities of the State services in the Region. This special report gives rise to a debate in his presence.
(3) The representative of the State who is unable to attend the work of the session provided for in paragraph 2 above may request the postponement of the session under conditions laid down by regulation.
ARTICLE 326 - The State representative holds a harmonisation conference at least twice (02) a year on the investment programmes of the State and the Region. The President of the Regional Council and members of the Bureau attend.
TITLE V - SPECIAL STATUS FOR THE NORTH-WEST AND SOUTH-WEST REGIONS
CHAPTER I - GENERAL PROVISIONS
ARTICLE 327 - (1) A special status is granted to the North West and South West Regions in accordance with the provisions of Article 92 of the Constitution.
(2) The special status referred to in paragraph 1 above is reflected, in terms of decentralisation, by specific features in the organisation and functioning of these two Regions.
ARTICLE 328 - (1) In addition to those devolved to the Regions by this law, the Regions of North West and South West shall exercise the following powers:
(2) The North West and South West Regions may be consulted on matters relating to the development of public policy on justice in the Common Law sub-system.
(3) They may be involved in the management of the Public services established in their respective territories.
(2) The special status referred to in paragraph 1 above is reflected, in terms of decentralisation, by specific features in the organisation and functioning of these two Regions.
ARTICLE 328 - (1) In addition to those devolved to the Regions by this law, the Regions of North West and South West shall exercise the following powers:
- • participation in the development of national public policies relating to the English-speaking education sub-system;
- • the creation and management of regional development missions ;
- • participation in the drafting of the status of traditional chieftaincy.
(2) The North West and South West Regions may be consulted on matters relating to the development of public policy on justice in the Common Law sub-system.
(3) They may be involved in the management of the Public services established in their respective territories.
CHAPTER II - BODIES IN THE NORTH-WEST AND SOUTH-WEST REGIONS
ARTICLE 329 The North West and South West Regions shall be freely administered by elected bodies, under the conditions laid down by this Act.
ARTICLE 330 - The organs of the North West and South West Regions are :
SECTION I - THE REGIONAL ASSEMBLY
ARTICLE 331 - (1) The Regional Assembly is the deliberative body in the North-West and South-West Regions.
(2) It exercises all the powers devolved to Regional Councils by the legislation in force.
ARTICLE 332 - (1) The Regional Assembly is composed of ninety (90) Regional Councillors whose term of office is five (5) years.
(2) It comprises two chambers:
PARAGRAPH l - OF THE HOUSE OF DIVISIONAL REPRESENTATIVES
ARTICLE 333 - (1) The house of divisional representatives shall comprise seventy (70) members elected by the Municipal Councillors of the Region by a mixed one-round list system comprising a majority system and a proportional representation system.
(2) The house of divisional representatives must reflect the sociological components of the Region as well as gender.
ARTICLE 334 - (1) The house of divisional representatives shall decide on all matters falling within the competence of the Regional Assembly.
(2) It has five (05) Committees:
(3) The Members of Parliament of the Region may take part, in an advisory capacity.
(4) The President of the House of Divisional Representatives may also involve members of civil society in the work, without the right to vote, on specific issues. Such persons may come either from the Economic and Social Council or from corporations or social groups interested in the matters under consideration.
ARTICLE 335 - (1) The house of divisional representatives is chaired by the President of the Regional Executive Council.
(2) When chairing the house of divisional representatives, the President of the Regional Executive Council shall be assisted by a Secretary of the Regional Executive Council, the Secretary General of the Region and members of the Regional Executive not belonging to the house of Chiefs.
(3) If the Chairman of the Regional Executive Council is absent or unable to attend, the eldest Regional Councillor shall chair the proceedings.
PARAGRAPH II - THE HOUSE OF CHIEFS
ARTICLE 336 - The House of Chiefs comprises twenty (20) members from the traditional command, elected in accordance with the legislation in force.
ARTICLE 337 - (1) The House of Chiefs decides on all matters falling within the competence of the Regional Assembly.
(2) It gives its assent to the following matters:
ARTICLE 338 - The House of Chiefs has two (02) Committees:
• the Committee on Administrative Affairs, Legal Affairs, Rules of Procedure, Education, Health, Population, Social and Cultural Affairs, Youth and Sport;
• the Committee on Finance, Infrastructure, Planning, Economic Development, the Environment, Town and Country Planning, Estates, Town Planning and Housing.
ARTICLE 339 - (1) The House of Chiefs is chaired by the Vice-President of the Regional Executive Council, assisted by a Secretary of the Regional Executive Council.
(2) In the absence or impediment of the Chairman of the House of Chiefs, the oldest member shall preside over the proceedings.
(3) Any Member of the Regional Parliament may take part in the work of the House of Chiefs in an advisory capacity.
PARAGRAPH III - OPERATION OF THE REGIONAL ASSEMBLY
ARTICLE 340 - The Houses of the Regional Assembly are convened by the President of the Regional Executive Council under the conditions set out in articles 280 and 281 of this law.
ARTICLE 341 - (1) The two Houses meet separately on the same dates.
(2) They shall sit as a joint body:
a) at the opening and closing of the session;
b) when the matters on the agenda concern :
ARTICLE 342 - (1) The two Houses of the Regional Assembly shall also sit in joint session in the event of impeachment.
(2) The Rules of Procedure of the Regional Assembly shall lay down the procedure and scope of impeachment.
ARTICLE 343 - Questions to be submitted to the Regional Assembly shall be initiated concurrently by the President of the Regional Executive Council or by two thirds (2/3) of the members of each of the chambers of the Regional Assembly.
ARTICLE 344 - (1) The Regional Assembly is chaired by the President of the Regional Executive Council.
(2) In the absence or impediment of the President of the Regional Executive Council, the Vice-President shall preside over the Regional Assembly and, in the latter's absence, the Commissioner for Economic Development shall deputise.
ARTICLE 345 - (1) When the Regional resolution is adopted by the house of representatives, it is transmitted within twenty-four (24) hours to the house of chiefs which may make amendments and send it back to the house of divisional representatives for a second reading, accompanied by the reasons justifying the rejection.
(2) The rejection of all or part of a resolution by the house of chiefs is valid only if it is made by an absolute majority of its members.
(3) If the disagreement persists, the house of divisional representatives adopts the resolution by a simple majority of its members and transmits it to the President of the Conseil Exécutif Régional for execution.
(4) All resolutions adopted by the Regional Assembly shall be transmitted to the representative of the State.
ARTICLE 346 - (1) The Regional Assembly shall establish the rules of procedure of the entire House.
(2) The House of Divisional Representatives and the House of Chiefs shall establish their respective Rules of Procedure separately.
ARTICLE 347 - The Members of Parliament and the Mayors of the Region participate, as of right, in the work of the Regional Assembly, in joint sessions, without the right to vote.
ARTICLE 348 - The representative of the State or his duly authorised delegate is entitled to attend meetings of the Regional Assembly. Whenever he so requests, the representative of the State or his delegate shall be heard, but may neither take part in the vote nor chair the Regional Assembly. His statements are recorded in the minutes of the deliberations.
ARTICLE 349 - (1) In the month of January following the end of the financial year, the representative of the State shall present to the Regional Assembly a special report on the activities of the State services in the Region. This special report gives rise to a debate in his presence.
(2) During the said session, the President of the Regional Executive Council reports to the Regional Assembly, in a special report, on the situation of the Region, on the matters transferred, on the activity and functioning of the various services and bodies of the Region, as well as the credits allocated to them. This report specifies the state of execution of the deliberations of the Regional Assembly and the financial situation of the Region. It gives rise to a debate. It is then sent to the representative of the State and to the Senate for information, and made public.
ARTICLE 350 - The deliberations of the Regional Assembly are kept in chronological order in a register signed and initialled by the representative of the State.
ARTICLE 351 - Subject to the specific provisions of this Title, the operating procedures of the Regional Council apply to the Regional Assembly of the North-West and South-West Regions.
SECTION II - THE REGIONAL EXECUTIVE COUNCIL
ARTICLE 352 - (1) The Regional Executive Council is the executive body of the Region.
(2) It is composed as follows:
PARAGRAPH I - ELECTION OF MEMBERS OF THE REGIONAL EXECUTIVE COUNCIL
ARTICLE 353 - (1) The members of the Regional Executive Council are elected during the first session, from among the Regional Councillors of the Region and for the duration of their term of office.
(2) The Chairman and Vice-Chairman of the North West Regional Executive Council shall be indigenous persons elected by the Regional Assembly for the duration of their term of office.
(3) The Chairman and Vice-Chairman of the South West Regional Executive Council shall be indigenous personalities elected by the Regional Assembly for the duration of their term of office.
ARTICLE 354 - (1) The distribution of posts within the Regional Executive Council shall, as far as possible, reflect the configuration of the Regional Assembly.
(2) In any event, three (03) members of the Regional Executive Council may not come from the same department.
ARTICLE 355 - (1) During the session provided for in article 353 above, the Regional Assembly is chaired by its oldest member, the youngest member acting as Secretary of the session.
(2) 'Elections shall be held by secret ballot and by an absolute majority of the members of the Regional Assembly present and voting.
(3) If, after two ballots, no list has obtained an absolute majority, a third ballot shall be held and the election shall be by relative majority. In the event of a tie, the list with the highest average age shall be declared elected.
(4) The Regional Assembly may only deliberate in the case provided for in paragraph 1 above if two thirds (2/3) of its members are present. If this condition is not met, the meeting is automatically convened eight (08) days later. It may then be held without a quorum being required.
ARTICLE 356 -(1) The election of the members of the Regional Executive Council shall be recorded by an order of the Minister in charge of local authorities.
(2) An appeal for annulment may be lodged in accordance with the rules laid down by the legislation in force for the annulment of the election of Regional Councillors.
(3) Where the election is annulled or where, for any other reason, one or more members of the Regional Executive Council have ceased to hold office, the Regional Assembly shall be convened to replace them within a maximum period of one (01) month.
ARTICLE 357 - The list of elected members of the Regional Executive Board is made public by the Chairperson of the meeting within a maximum of twenty-four hours of the results being announced, by posting at the Regional headquarters. The representative of the State shall be notified within the same time limit.
ARTICLE 358 - Members of the Regional Executive Council shall take an oath before the competent Court of Appeal before taking office. The formula of the oath, pronounced in the English language, is as follows: << I swear on my honour and undertake to serve the interests of the Region and to carry out my duties loyally and faithfully without discrimination or favouritism in respect of the laws and values of democracy, the principles of unity and the integrity of the Republic >>.
PARAGRAPH II - THE PRESIDENT AND VICE-PRESIDENT OF THE REGIONAL EXECUTIVE COUNCIL
ARTICLE 359 - (1) The President of the Regional Executive Council is the head of the Executive of the Region.
In this capacity, he shall :
(2) The Chairman of the Regional Executive Council shall come from the category of departmental delegates.
ARTICLE 360 - (1) The Vice-Chairman of the Regional Executive Council comes from the category of representatives of the traditional command.
(2) He/she assists the President in the performance of his/her duties and is delegated by him/her to sign for the performance of the tasks entrusted to him/her.
ARTICLE 361 - The provisions of Chapter 2 of Title 3 of this Book relating to the President of the Regional Council apply to the President of the Regional Executive Council, subject to the specific provisions of this Title.
PARAGRAPH III - REGIONAL COMMISSIONERS
ARTICLE 362 - The Commissioner for Economic Development is responsible for implementing the policy of the Region relating to the exercise of the competences transferred in the areas of economic action, management of the environment and natural resources, planning, regional development, public works, town planning and housing.
ARTICLE 363 - The Commissioner for Health and Social Development is responsible for the implementation of the Region's policy relating to the exercise of transferred powers in the areas of health and social action.
ARTICLE 364 - The Commissioner for Educational, Sports and Cultural Development is responsible for implementing the Region's policy relating to the exercise of competences transferred in the areas of education, literacy, vocational training, youth, sports, leisure, culture and the promotion of national languages.
PARAGRAPH IV - SECRETARIES AND THE QUAESTOR
ARTICLE 365 - (1) The Secretaries provide secretarial services within each of the chambers of the Regional Assembly.
(2) The duties of the Secretaries and the Quaestor are determined by the Internal Regulations of the Regional Assembly.
PARAGRAPH V - REGIONAL ADMINISTRATION
ARTICLE 366 - The rules relating to regional administration, in accordance with the provisions of Articles 323 and 324 above, apply to the North West and South West Regions.
ARTICLE 330 - The organs of the North West and South West Regions are :
- the Regional Assembly ;
- the Regional Executive Council.
SECTION I - THE REGIONAL ASSEMBLY
ARTICLE 331 - (1) The Regional Assembly is the deliberative body in the North-West and South-West Regions.
(2) It exercises all the powers devolved to Regional Councils by the legislation in force.
ARTICLE 332 - (1) The Regional Assembly is composed of ninety (90) Regional Councillors whose term of office is five (5) years.
(2) It comprises two chambers:
- the house of divisional representatives ;
- the house of Chiefs.
PARAGRAPH l - OF THE HOUSE OF DIVISIONAL REPRESENTATIVES
ARTICLE 333 - (1) The house of divisional representatives shall comprise seventy (70) members elected by the Municipal Councillors of the Region by a mixed one-round list system comprising a majority system and a proportional representation system.
(2) The house of divisional representatives must reflect the sociological components of the Region as well as gender.
ARTICLE 334 - (1) The house of divisional representatives shall decide on all matters falling within the competence of the Regional Assembly.
(2) It has five (05) Committees:
- • the Committee on Administrative and Legal Affairs and Internal Rules ;
- • the Education Committee; S
- • the Committee on Health, Population, Social Affairs, Culture, Youth and Sport;
- • Committee on Finance, Infrastructure, Planning and Economic Development ;
- • the Committee on the Environment, Regional Planning, Estates, Town Planning and Housing.
(3) The Members of Parliament of the Region may take part, in an advisory capacity.
(4) The President of the House of Divisional Representatives may also involve members of civil society in the work, without the right to vote, on specific issues. Such persons may come either from the Economic and Social Council or from corporations or social groups interested in the matters under consideration.
ARTICLE 335 - (1) The house of divisional representatives is chaired by the President of the Regional Executive Council.
(2) When chairing the house of divisional representatives, the President of the Regional Executive Council shall be assisted by a Secretary of the Regional Executive Council, the Secretary General of the Region and members of the Regional Executive not belonging to the house of Chiefs.
(3) If the Chairman of the Regional Executive Council is absent or unable to attend, the eldest Regional Councillor shall chair the proceedings.
PARAGRAPH II - THE HOUSE OF CHIEFS
ARTICLE 336 - The House of Chiefs comprises twenty (20) members from the traditional command, elected in accordance with the legislation in force.
ARTICLE 337 - (1) The House of Chiefs decides on all matters falling within the competence of the Regional Assembly.
(2) It gives its assent to the following matters:
- • the status of traditional chieftaincy;
- • the management and conservation of historic sites, monuments and remains ;
- • organising cultural and traditional events in the region;
- • collecting and translating elements of oral tradition.
ARTICLE 338 - The House of Chiefs has two (02) Committees:
• the Committee on Administrative Affairs, Legal Affairs, Rules of Procedure, Education, Health, Population, Social and Cultural Affairs, Youth and Sport;
• the Committee on Finance, Infrastructure, Planning, Economic Development, the Environment, Town and Country Planning, Estates, Town Planning and Housing.
ARTICLE 339 - (1) The House of Chiefs is chaired by the Vice-President of the Regional Executive Council, assisted by a Secretary of the Regional Executive Council.
(2) In the absence or impediment of the Chairman of the House of Chiefs, the oldest member shall preside over the proceedings.
(3) Any Member of the Regional Parliament may take part in the work of the House of Chiefs in an advisory capacity.
PARAGRAPH III - OPERATION OF THE REGIONAL ASSEMBLY
ARTICLE 340 - The Houses of the Regional Assembly are convened by the President of the Regional Executive Council under the conditions set out in articles 280 and 281 of this law.
ARTICLE 341 - (1) The two Houses meet separately on the same dates.
(2) They shall sit as a joint body:
a) at the opening and closing of the session;
b) when the matters on the agenda concern :
- • Approval of the Regional Executive Council's action programme;
- • validation, at the end of the financial year, of the Regional Executive Council's activity report.
ARTICLE 342 - (1) The two Houses of the Regional Assembly shall also sit in joint session in the event of impeachment.
(2) The Rules of Procedure of the Regional Assembly shall lay down the procedure and scope of impeachment.
ARTICLE 343 - Questions to be submitted to the Regional Assembly shall be initiated concurrently by the President of the Regional Executive Council or by two thirds (2/3) of the members of each of the chambers of the Regional Assembly.
ARTICLE 344 - (1) The Regional Assembly is chaired by the President of the Regional Executive Council.
(2) In the absence or impediment of the President of the Regional Executive Council, the Vice-President shall preside over the Regional Assembly and, in the latter's absence, the Commissioner for Economic Development shall deputise.
ARTICLE 345 - (1) When the Regional resolution is adopted by the house of representatives, it is transmitted within twenty-four (24) hours to the house of chiefs which may make amendments and send it back to the house of divisional representatives for a second reading, accompanied by the reasons justifying the rejection.
(2) The rejection of all or part of a resolution by the house of chiefs is valid only if it is made by an absolute majority of its members.
(3) If the disagreement persists, the house of divisional representatives adopts the resolution by a simple majority of its members and transmits it to the President of the Conseil Exécutif Régional for execution.
(4) All resolutions adopted by the Regional Assembly shall be transmitted to the representative of the State.
ARTICLE 346 - (1) The Regional Assembly shall establish the rules of procedure of the entire House.
(2) The House of Divisional Representatives and the House of Chiefs shall establish their respective Rules of Procedure separately.
ARTICLE 347 - The Members of Parliament and the Mayors of the Region participate, as of right, in the work of the Regional Assembly, in joint sessions, without the right to vote.
ARTICLE 348 - The representative of the State or his duly authorised delegate is entitled to attend meetings of the Regional Assembly. Whenever he so requests, the representative of the State or his delegate shall be heard, but may neither take part in the vote nor chair the Regional Assembly. His statements are recorded in the minutes of the deliberations.
ARTICLE 349 - (1) In the month of January following the end of the financial year, the representative of the State shall present to the Regional Assembly a special report on the activities of the State services in the Region. This special report gives rise to a debate in his presence.
(2) During the said session, the President of the Regional Executive Council reports to the Regional Assembly, in a special report, on the situation of the Region, on the matters transferred, on the activity and functioning of the various services and bodies of the Region, as well as the credits allocated to them. This report specifies the state of execution of the deliberations of the Regional Assembly and the financial situation of the Region. It gives rise to a debate. It is then sent to the representative of the State and to the Senate for information, and made public.
ARTICLE 350 - The deliberations of the Regional Assembly are kept in chronological order in a register signed and initialled by the representative of the State.
ARTICLE 351 - Subject to the specific provisions of this Title, the operating procedures of the Regional Council apply to the Regional Assembly of the North-West and South-West Regions.
SECTION II - THE REGIONAL EXECUTIVE COUNCIL
ARTICLE 352 - (1) The Regional Executive Council is the executive body of the Region.
(2) It is composed as follows:
- • one (01) Chairman ;
- • one (01) Vice-Chairman;
- • one (01) Commissioner for Economic Development ;
- • one (01) health and social development commissioner ;
- • one (01) Commissioner for educational, sports and cultural development;
- • two (02) Secretaries;
- • one (1) Quaestor.
PARAGRAPH I - ELECTION OF MEMBERS OF THE REGIONAL EXECUTIVE COUNCIL
ARTICLE 353 - (1) The members of the Regional Executive Council are elected during the first session, from among the Regional Councillors of the Region and for the duration of their term of office.
(2) The Chairman and Vice-Chairman of the North West Regional Executive Council shall be indigenous persons elected by the Regional Assembly for the duration of their term of office.
(3) The Chairman and Vice-Chairman of the South West Regional Executive Council shall be indigenous personalities elected by the Regional Assembly for the duration of their term of office.
ARTICLE 354 - (1) The distribution of posts within the Regional Executive Council shall, as far as possible, reflect the configuration of the Regional Assembly.
(2) In any event, three (03) members of the Regional Executive Council may not come from the same department.
ARTICLE 355 - (1) During the session provided for in article 353 above, the Regional Assembly is chaired by its oldest member, the youngest member acting as Secretary of the session.
(2) 'Elections shall be held by secret ballot and by an absolute majority of the members of the Regional Assembly present and voting.
(3) If, after two ballots, no list has obtained an absolute majority, a third ballot shall be held and the election shall be by relative majority. In the event of a tie, the list with the highest average age shall be declared elected.
(4) The Regional Assembly may only deliberate in the case provided for in paragraph 1 above if two thirds (2/3) of its members are present. If this condition is not met, the meeting is automatically convened eight (08) days later. It may then be held without a quorum being required.
ARTICLE 356 -(1) The election of the members of the Regional Executive Council shall be recorded by an order of the Minister in charge of local authorities.
(2) An appeal for annulment may be lodged in accordance with the rules laid down by the legislation in force for the annulment of the election of Regional Councillors.
(3) Where the election is annulled or where, for any other reason, one or more members of the Regional Executive Council have ceased to hold office, the Regional Assembly shall be convened to replace them within a maximum period of one (01) month.
ARTICLE 357 - The list of elected members of the Regional Executive Board is made public by the Chairperson of the meeting within a maximum of twenty-four hours of the results being announced, by posting at the Regional headquarters. The representative of the State shall be notified within the same time limit.
ARTICLE 358 - Members of the Regional Executive Council shall take an oath before the competent Court of Appeal before taking office. The formula of the oath, pronounced in the English language, is as follows: << I swear on my honour and undertake to serve the interests of the Region and to carry out my duties loyally and faithfully without discrimination or favouritism in respect of the laws and values of democracy, the principles of unity and the integrity of the Republic >>.
PARAGRAPH II - THE PRESIDENT AND VICE-PRESIDENT OF THE REGIONAL EXECUTIVE COUNCIL
ARTICLE 359 - (1) The President of the Regional Executive Council is the head of the Executive of the Region.
In this capacity, he shall :
- • is the contact for the State representative;
- • represents the Region in civil and legal matters;
- • chairs the sessions of the Regional Assembly;
- • Presides over sessions of the House of Divisional Representatives when sitting separately from the House of Chiefs;
- • prepares and implements the decisions of the Regional Assembly;
- • authorises the income and expenditure of the Region, subject to the specific provisions laid down by the legislation in force;
- • manages the Region's property and exercises the police powers associated with this management, particularly with regard to traffic on this property, subject to the powers devolved to the representative of the State and to the Mayors.
(2) The Chairman of the Regional Executive Council shall come from the category of departmental delegates.
ARTICLE 360 - (1) The Vice-Chairman of the Regional Executive Council comes from the category of representatives of the traditional command.
(2) He/she assists the President in the performance of his/her duties and is delegated by him/her to sign for the performance of the tasks entrusted to him/her.
ARTICLE 361 - The provisions of Chapter 2 of Title 3 of this Book relating to the President of the Regional Council apply to the President of the Regional Executive Council, subject to the specific provisions of this Title.
PARAGRAPH III - REGIONAL COMMISSIONERS
ARTICLE 362 - The Commissioner for Economic Development is responsible for implementing the policy of the Region relating to the exercise of the competences transferred in the areas of economic action, management of the environment and natural resources, planning, regional development, public works, town planning and housing.
ARTICLE 363 - The Commissioner for Health and Social Development is responsible for the implementation of the Region's policy relating to the exercise of transferred powers in the areas of health and social action.
ARTICLE 364 - The Commissioner for Educational, Sports and Cultural Development is responsible for implementing the Region's policy relating to the exercise of competences transferred in the areas of education, literacy, vocational training, youth, sports, leisure, culture and the promotion of national languages.
PARAGRAPH IV - SECRETARIES AND THE QUAESTOR
ARTICLE 365 - (1) The Secretaries provide secretarial services within each of the chambers of the Regional Assembly.
(2) The duties of the Secretaries and the Quaestor are determined by the Internal Regulations of the Regional Assembly.
PARAGRAPH V - REGIONAL ADMINISTRATION
ARTICLE 366 - The rules relating to regional administration, in accordance with the provisions of Articles 323 and 324 above, apply to the North West and South West Regions.
CHAPTER III - THE PUBLIC INDEPENDENT CONCILIATOR
SECTION I - STATUS AND POWERS OF THE PUBLIC INDEPENDENT CONCILIATOR
ARTICLE 367 - (1) A public independent conciliator shall be appointed for the North West and South West Regions.
(2) The public independent conciliator, an independent authority, shall be a person of solid experience and an established reputation for integrity and objectivity.
(3) The public independent conciliator is responsible, in the North-West and South-West Regions:
- • examining and settling out-of-court disputes between users and the regional and local authorities;
- • to defend and protect rights and freedoms in relations between citizens and the Region or the Communes of the Region;
- • Designing and implementing measures to prevent and combat direct or indirect discrimination against users of regional or municipal services;
- • ensuring that people working for the regional or local authorities comply with their ethical obligations;
- • to conduct, at the request of five (05) Members of Parliament or five (05) Regional Councillors, any investigation into the operation of regional and communal public services;
- • draw up a report on the operation of regional and municipal services.
ARTICLE 368 -(1) The public independent conciliator is appointed by decree of the President of the Republic upon the joint proposal of the representative of the State and the President of the Regional Executive Council, for a non-renewable term of office of six (06) years.
(2) The functions of public independent conciliator are incompatible with the exercise of a mandate, function, public employment or any other remunerated professional activity. The holder of a public office who accepts his appointment as public independent conciliator shall automatically resign from his office.
(3) Within the limits of his powers, the public independent conciliator shall neither receive nor seek instructions.
(4) The public independent conciliator is not bound by professional secrecy.
(5) The public independent conciliator shall take an oath before the competent Court of Appeal before taking office.
SECTION II - REFERRAL TO THE PUBLIC INDEPENDENT CONCILIATOR
ARTICLE 369 - (1) A matter may be referred to the public independent conciliator by any natural or legal person who considers that his or her rights and freedoms have been infringed by the operation of the Regional or Communal Administration or Regional or Communal public establishments.
(2) The matter may also be referred to it by any person who considers himself to be the victim of direct or indirect discrimination prohibited by law or by an international commitment duly ratified or approved by Cameroon.
(3) The intervention of the public independent conciliator is only possible when the following conditions are met:
- • The dispute must be between a legal or natural person or a public official and a regional or municipal public service;
- • the claimant must first have lodged an appeal with the body with which they are in dispute;
- • the dispute must not have been the subject of a court decision.
ARTICLE 370 - (1) When a matter is referred to it, the public independent conciliator has the power to make recommendations with a view to guaranteeing respect for the rights and freedoms of the injured party and to settling the dispute referred to it or preventing its recurrence.
(2) If the recommendation has not been acted upon, the public independent conciliator may enjoin the Regional or Communal administration in question to take the necessary measures within a specified period of time.
(3) Where the injunction has not been complied with, the public independent conciliator shall draw up a special report, which shall be sent to the defendant and to the representative of the State in the local authority concerned.
This report may be made public together with, where appropriate, the respondent's reply.
(4) The public independent conciliator may propose legislative and regulatory amendments to the President of the Republic.
ARTICLE 371 - A decree of the President of the Republic shall determine the manner in which the public independent conciliator shall carry out his duties.