The Minister for Justice and Constitutional Development intends introducing the Constitution Twelfth Amendment Bill of 2005, in the National Assembly.
of the Constitution of the Republic of South Africa, 1996. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister for Justice and Constitutional Development.
1 Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enact men ts.
To amend the Constitution of the Republic of South Africa, 1996, so as to effect a technical change; and to determine the geographical areas of the nine provinces of the Republic of South Africa; and to provide for matters connected therewith.
Substitution of section 103 of the Constitution of the Republic of South Africa, 1996, as amended by section 3 of Act 3 of 2003 1.
Amendment of section 155 of the Constitution of the Republic of South Africa, 1996, as amended by section 1 of Act 87 of 1998 2. Section 155 of the Constitution is hereby amended by the deletion of subsection (6A).
Section 157 of the Constitution is hereby amended by the deletion of paragraph (b) of subsection (4).
in the Constitution of the Republic of South Africa, 1996 4.
The Province of the Eastern Cape Map No.
42 of the Schedule to Notice 1 179 of 2005 (Ukhahlamba District Municipality) Map No. 38 of the Schedule to Notice I179 of 2005 (Nelson Mandela Metropolitan Municipality) Map No. 4 of the Schedule to Notice 1594of 2005 (Alfred Nzo District Municipality) Map No. 39 of the Schedule to Notice 1 179of 2005 (Cacadu District Municipality) Map No.
District Municipality) Map No.
The Province of Gauteng Map No. 1 of the Schedule to Notice I179 of 2005 (Metropolitan Municipality Ekurhuleni) Map No. 2 of the Schedule to Notice 1 179 of 2005 (Metropolitan Municipality Tshwane) Map No. 13 of the Schedule to Notice 1594 of 2005 (Metsweding District Municipality) Map No. 25 of the Schedule to Notice 1594 of 2005 (West Rand District Municipality) Map No, 72 of the Schedule to Notice I I79 of 2005 (City of Johannesburg) Map No.
Map No. I5 of the Schedule to Notice I594 of 2005 (Sekhukune District Municipality) Map No. 19 of the Schedule to Notice I594of 2005 (Mopani District Municipality) Map No. 65 of the Schedule to Notice I I79 of 2005 (Vhembe District Municipality) Map No, 66 of the Schedule to Notice I I79 of 2005 (Capricorn District Municipality) Map No.
Schedule to Notice 1594 of 2005 (Ehlanzeni District Municipality) Map No.
The Province of the Northern Cape Map No.
Municipality) Map No.
District Municipality Map No.
Map No. 27 of the Schedule to Notice I594 of 2005 (Southern District Municipality) Map No. 68 of the Schedule to Notice 1 179of 2005 (Bojanala District Municipality) Map No. 69 of the Schedule to Notice 1 of 2005 (Central District Municipality) Map No.
Comes into operation on a date fixed by the President by proclamation in the Gazette.
No. 200 of 1993) (the Interim Constitution). The areas of the respective provinces were defined in Part 1 of Schedule 1 to the Interim Constitution, which defined those areas primarily by reference to specific districts created in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).
of the Constitution of the Republic of South Africa, 1996 (the Constitution) provides that "tlhe boundaries of the provinces are those that existed when the Constitution took effect". in other words, as defined under the Interim Constitution. Consequently, provincial boundaries are determined by reference to the boundaries of magisterial districts. rather than by reference to municipal boundaries. This state of affairs has resulted in some practical difficulties, particularly in respect of service delivery.
of the Constitution the local sphere of government consists of municipalities. which must be established for the whole of the territory of the Republic.
of the Constitution each provincial government must establish municipalities in its province and must, by legislative or other measures, among others, provide for the monitoring and support of local government in the province.
of the Constitution regulates the establishment of the so-called "cross-boundary municipalities". It provides that if the criteria for the determination of municipal boundaries cannot be fulfilled without a municipal boundary extending across a provincial boundary. that municipal boundary may be determined across the provincial boundary, but only with the concurrence of the provinces concerned and after the respective provincial executives have been authorised by national legislation to establish a municipality within that municipal area. Such legislation has been enacted in the form of the Local Government: Municipal Structures Act, I998 (Act No. I I7of 1998).
provide a framework for the exercise of provincial executive authority in that municipal area and with regard to that municipality; and provide for the re-determination of municipal boundaries where one of the provinces concerned withdraws its support of a municipal boundary as determined.
the Local Government: Cross-boundary Municipalities Act, 2000 (Act No.
2000 (Act No. 69 of 2000), that authorises the re-determination of the boundaries of certain cross-boundary municipalities.
Sixteen cross-boundary municipalities were established in terms of the above- mentioned statutory provisions, affecting five provinces in the Republic. Since their establishment, numerous problems have been experienced in administering these municipalities.
the notion of cross-boundary municipalities be done away with; and provincial boundaries be reviewed SO that all municipalities fall within province or the other.
Clause 1 seeks to effect certain technical changes to section 103 of the Constitution by, among others, providing for the alphabetical sequence of the provinces.
A in the Constitution that defines the areas of the provinces with reference to the geographical areas that are represented by municipal demarcation maps. These maps are contained in official notices issued by the Municipal Demarcation Board.
6 metropolitan municipalities and 46 district municipalities. These structures represent wall to wall municipalities, whilst local municipal areas do not cover the whole of the territory of the Republic.
By using municipal demarcation maps it would also not be necessary to amend the Constitution when the inner boundaries of metropolitan and district municipalities are changed.
This clause contains the short title of the Bill.
of the Constitution and consequently require the approval of both the National Assembly and the National Council of Provinces.
3.2 As the Bill is intended to determine provincial boundaries, the National Council of Provinces may not.
of the Constitution, pass the Bill unless it has been approved by the legislatures of the provinces concerned.