12 of 1996: Local Government Transition Act Amendment Act, 1996.
To amend the Local Government Transition Act, 1993, so as to alter the date from which the Minister may exercise certain powers if an election is not held, from 31 March 1996 to 31 August 1996; to provide that a transitional council or transitional metropolitan substructure for which no election has been held after a certain date may be dissolved by the Minister; to confirm the fact that a transitional council for a rural area of local government must consist of elected members; to provide that a transitional council or a transitional metropolitan substructure may elect an executive committee instead of being obliged to elect an executive committee; and to make further provision in respect of the enrolment of voters and the nomination of candidates; and to provide for matters in connection therewith.
(Assented to 28 March 1996.
Amendment of section 9 of Act 209 of 1993, as amended by section 4 of Act 61 of 1995 and section 8 of Act 89 of 1995 1.
"(c) Any transitional council or transitional metropolitan substructure or other such body for the pre-interim phase for which no election has been held before or on 31 March 1996 shall dissolve on that day 31 August 1996 may be dissolved by the Minister by notice in the Provincial Gazette on a day specified therein, and the duties, powers and functions of such council, substructure or body shall from that day and until an election is held be exercised and performed by the chief executive officer concerned, or by a person appointed by the Minister asadministrator of such council, substructure or body.".
Amendment of section 10 of Act 209 of 1993, as amended by section 5 of Act 61 of 1995 and section 10 of Act 89 of 1995 2.
"(iA) the establishment of a transitional council for a rural area of local government not falling within the area of jurisdiction of a transitional metropolitan council or a transitional local council, including the delimitation of the area of jurisdiction of such council after due consideration of the advice and written recommendations of the Board, and the constitution, election, functioning, powers, duties, assets, rights, employees and financing of such council, all the members of which shall be elected in accordance with a system of proportional representation or of ward representation or of both proportional representation and ward representation;".
Amendment of section 16 of Act 209 of 1993, as amended by section 6 of Act 61 of 1995 and section 14 of Act 89 of 1995 3.
"Notwithstanding anything to the contrary in any law contained, a transitional council or transitional metropolitan substructure referred to in subsection (1) shall may elect an executive committee according to a system of proportional representation from among its members an executive committee to exercise such powers and perform such duties as such transitional council or transitional metropolitan substructure may determine".
Amendment of Schedule 4 to Act 209 of 1993, as amended by section 17 of Act 89 of 1995 4.
"(d) at 15:00 on the day immediately preceding nomination day, he or she is indebted to the local government concerned or a local government, the area of jurisdiction of which falls wholly or partly within the area of jurisdiction of the local government for which an election is to be held, in respect of any assessment rates, rent, service charges or any other monies for a period longer than three months; or".
This Act shall be called the Local Government Transition Act Amendment Act, 1996.