I, FholisaniSydney Mufmadi, Minister for Provincial and LocalGovernment, interms of section 154 of the Constitution, hereby publish the Local Government Laws Amendment Bill, 2002, for public comment.
Comments may also be faxed to facsimile number (012)323 3349 at the above address.
Words underlined with a solid line indicate insertion'sin existing enactments.
To amend the Organised Local Government Act, 1,997, so as to dispense with the requirement that all categories of municipalities must be represented in a provincial organisation foritto be recognised interms of that Act; to amend the Remuneration of Public Office Bearers Act 1998, so as to effect a technical amendment, and to validate the determination and payment of salaries and allowances of members of MunicipalCouncils in the Provinces of Gauteng and the Western Cape for the 1998/1999 municipalfinancial year; to amend the Local Government: Municipal Demarcation Act, 1998, so as to effecttechnicalcorrections; toprovidefor additional functions of theDemarcation Board; to provide for a smaller Demarcation Board; to expressly provide for the Minister's roleinthe appointment of members of the Demarcation Board; to provide for a less onerous procedure for redetermination of aboundary where the MEC andtheaffected municipalities agree to a redetermination; to make express provision for the publication of the Demarcation Board's decision where an objection was considered; to reduce the periodin which the ElectoralCommissionmust make known its views on whenaboundary determination takes effect, and to further regulate that process; to make provision for the powers of the Demarcation Board or an investigating committee to collect evidence; to provide for additional powers for the Minister to make regulations; to amend the Local Government: Municipal Structures Act, 1998, so as to amend the Afrikaanstext in order to bringitinlinewith theamendmentseffected to the English text by the Local Government: Municipal Electoral Act, 2000 and the Local Government: Municipal Structures Amendment Act, 2000; to make provision for an acting mayor and an acting executive mayor where a particular municipality does not have a deputy mayor or a deputy executive a mayor, respectively; to provide for new method of allocating seats on a metropolitan subcouncil to councillors elected on a party vote; to provide for the payment of out of pocket expenses to traditional leaders who participate in the proceedings of municipal councils; to authorise the Minister to regulate the consequencesof a revocation of an authorisation in terms ofsection 84(3) of the Local Government: Municipal Structures Act; to amend section 10G of theLocalGovernmentTransition Act, 1993, to comply withthe Constitution; to provide for uncontested ward elections; to provide for the election of office bearers of a municipality to be determined by lot iftwo candidates receive the same number of votes; to amend the Local Government: Municipal SystemsAct, 2000, so as to prohibit a councillor from being appointed as an employee of the municipality concerned; to provide for a general power to levy and recover fees, chargesandtariffs; to further regulate the charging of intereston arrears; to provide for legal representation of employees of a municipality; to further regulate clearance certificates for the transfer of property; to amend the Local Government: Municipal Structures Amendment Act,2000, in order to repeal outdated provisions; and to provide for matters connected therewith.
Amendment of section2 of Act52 of 1997 1. Section 2 oftheOrganisedLocalGovemment'Act,1997(Act No.52 of1997),is hereby amendedby the deletionof the proviso to paragraph (b)of subsection (1).
Amendment of section 7 of Act 20 of 1998, as amended by section 3 of Act 21 of 2000 2. Section7 of theRemuneration of PublicOfficeBearersAct,1998(Act No.
shall be deemed to have been validly determined andRaid under this Act.
Amendment of section 1 of Act 27 of 1998 3.
Substitution of section 4 of Act 27 of 1998 4.
Amendment of section 5 of Act 27 of 1998 5.
committees, withfacilitiesavailable to that municipality, includinq for the holding of meetings.
Amendment of section6 of Act 27 of 1998 6.
"(I) TheBoardconsists of no fewer than [seven] three andnomorethan [I51 10 members appointed by the President in accordance with section8.".
Amendment of section 8 of Act 27 of 1998 7.
by the substitution for subsection (7) of the following subsection: "(7) The President must, on.the advice of the Minister, make the required number of appointments from the list.".
Amendment of section 21 of Act 27 of 1998 Section 21 of the Demarcation Actis hereby amended-by the addition to subsection(2) of the.following proviso: Provided that subsections(4, and (5).
Substitution of section 22 of Act 27 of 1998 9.
; and l2 The Minister mav. after consultation with the MEC's for local aovernment and the Board, determine priorities and reasonable time-frames for demarcation.
Amendment of section 23 of Act27 of 1998 10.
TheElectoralCommission, within the particulars referredto in subsection (I), must makeknownitsviewas envisaged in subsection (2) by notice in the relevant Provincial Gazette, and send a CODV of the notice to the Board andthe MEC for local aovernment in the province concerned.
Amendment ofsection 41 of Act 27 of 1998 12. Section 41 oftheDemarcationActisherebyamendedby the insertion after paragraph (a) of the following paragraph: !
Amendment of preambleto Act 117 of 1998 13.
Amendment of section 1 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000 14.
Amendment of section 12 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000 and sectionIof Act 33 of 2000 15.
Amendment of section 24 of Act 117 of 1998, as amended by section 5 of Act 58 of 1999 and section93 of Act 27 of 2000 17.
Amendment of section 25 ofAct 117 of 1998, as amended by section 93of Act 27 of 2000 18.
Amendment of section 37 of Act 117 of 1998 21.
Amendment of section 49of Act I17 of 1998 22.
Amendment of section 56 of Act 117 of 1998 23.
Substitution of section 63 of Act I17 of 1998 24.
Composition the councillors representing the wards included in the subcouncil area; and an additional number of councillors [determined by the metro council so that the combinedtotal of paragraph (a) and this paragraph is substantially inthe same proportiontothetotal number of councillorsinthecouncil as the number of registered voters in the area of the subcouncil is in proportion to the total number of registered voters in the municipality] allocated in terms of Schedule 4.
consist of councillors elected to the metro council from party lists in accordance with Part 3 of Schedule1; and be appointed to the metropolitan subcouncil in accordance with Schedule 4.
Amendment of section 84 of Act 117 of 1998, as amended by section 6 of Act 33 of 2000 27.
Substitution of section 86 of Act 117 of 1998,as amended by section 8 of Act 33 of 2000 28.
Amendment of section93 of Act 1 17 of 1998,as amended by section 1Iof Act 33 of 2000 29.
(b)section 10G of the Local GovernmentTransitionAct,1993(Act No.
Amendment of item Iof ScheduleIto Act117 of 1998, as amended by section 93of Act 27 of 2000 30.
Uncontested ward elections is deemed to have been elected la) in the case of an election called in terms of section 24(2).
Substitution of itemIOof Schedule 1to Act 117 of 1998, as amended by section 93 of Act 27 of 2000 32.
Substitution of item 15 of Schedule Ito Act 117 of 1998, as amended by section 93 of Act 27 of 2000 34.
Item 18 of Schedule 1 to the Structures Act is hereby amended by the substitution for subitem(1) of the following subitem: "(1) (a2 Ifacouncillorelectedfromaparty list ceases to hold office, the chief electoral officer must, subject to item 20, declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy. /b) Wheneveracouncillorreferred to in paraaraDh (a) ceases to hold office. the municiDal manaaer concerned must within seven davs after the councillor has ceased to hold office, inform the chief electoral officer thereof.".
(1) A partymaysupplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not. later than 21 days after the councillor has ceased to hold office. The vacancy must be filled[within] as soon as the party concerned has sumlemented. chanaed or increased its list. but not later than 14 days after expiry of the 21 days' period.
Amendment of item 1of Schedule 2 to Act 117 38.
Substitution of item 4 of Schedule 2 to Act117 of 'l998, as amended by section93of Act 27of 2000 39.
Act 27 of2000 40.
Amendment of item 10 of Schedule 2 to Act 117 of 1998 41.
"(1) (a) If acouncillorelectedfromaparty list ceases to hold office, thechief electoral officer must, subject to item 13, declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy. /b) Wheneveracouncillorreferred to inDaraaraph (a)ceases to hold office. the municipal manaaer concerned must within seven davs after the councillor has ceased to hold office. inform the chief electoral officer thereof.".
(I) A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled[within] as soon as the partv concerned has suwlernented. chanaed or increased its list. but not later than 14 days after expiry of the 21 days' period.
"(2) A party or indeDendentward councillor may not submit more than one list."
(c)bythesubstitution in subitem (5) for the expression "councillor" of the expression "independent ward councillor".
Amendment of item 20 of Schedule 2to Act I17 of 1998 45.
"(2) @J If the calculation in subitem (1) givesasurplus, thatsurplusmustcompete with other similar surpluses of any other lists, and any seat or seats not allocated under subitem (I)must be awarded in sequence of the highest surplus. /b) If the surdus for two ormorelists is eaual theseat or seats mustbeawarded in sequence of the hiahest number of votes cast for those lists.".
Amendment of item 23 of Schedule 2 to Act 117 of 1998 46. Item 23 of Schedule 2 to the Structures Act is hereby amended by the substitution in the Afrikaans text for the expression "uiteput"of the expression "uitgeput".
Amendment of item 8 of Schedule 3to Act 117 of 1998 47.
Repeal of item 1of Schedule 4 to Act 117of 1998 48. Item 1 of Schedule 4 to the Structures Act is hereby repealed.
Substitution of item 2 of Schedule 4 to Act 117 of 1998 49.
C represents the total number of seatsallocated to each party in the metro council ir accordance with Part 3 of Schedule 1.
If the fraction for two or more subcouncils is equal, and the number of seats still to be distributed are less than the number of subcouncils to which the equal fractions apply, the Dartv must elect to which of those subcouncils such seats are to be distributed.
Amendment of section 1 of Act 32 of 2000 50.
title and includes-la) the dominion therein. whether in full or diminished form: and b) a unit as defined in section 1 of the Sectional Titles Act. 1986 (Act No.
Amendment of section 9 of Act 32 of 2000 51.
(1) A Cabinet member or Deputy Minister initiating the assignment of a function or a power by way of national legislation to municipalities generally must, before the draft legislation providing for the assignment is introduced in Parliament publish the draft legislation in terms of section 154(2) of the Constitution; and /dl table the draft leaislation at MINMEC for discussion.
publish the draft legislation in terms of section 154(2) of the Constitution; and /d) table the draft leaislation at MINMEC fordiscussion.
Amendment of section 11 of Act 32of 2000 52.
"(4) A decisiontaken by a municipalcounciloranyother political structure orPolitical office bearer of the municipality must be recorded in writing.".
Amendment of section 62of Act 32of 2000 53.
Amendment of section 67 of Act 32of 2000 54.
Insertion of new section after section 75of Act 32of 2000 55.
16) The municiDal manaaershallforthwithsenda CODV of the notice referred to in subsection (4) to the MEC and cause a thereof to be Published in co~v the manner determined bv the council.
Amendment of section 97 of Act 32 of 2000 56.
(3) (a) A municiPalitvmavcharaeinterest on arrears at a rate not exceeding one Percent hiaher than the averaae mime rate of the municbality's bank for the period that such arrears remain unpaid.
Insertion of new section after section 109 of Act 32 of 2000 57.
Substitution of section 11 7 of Act32 of 2000 58.
Exceptwhereotherwiseprovided, allrecordsanddocuments of a municipality are in the custody of the municipal manager, or an official desianated bv the municipal manager.
Substitution of section 118of Act 32 of 2000 59.
In the caseofthetransferof [immovable property] landor of any riaht in land by a trustee of an insolvent estate, the provisions of this section are subject to section89 of the InsolvencyAd, 1936 (Act No.24of 1936).
Amendment of item 14 of Schedule Ito Act 32 of 2000 61.
ACT, 2000 Amendment of section 15 of Act 33 of 2000 62. Section 15 of the Local Government: Municipal Structures Amendment Act, 2000, is hereby amended by the deletion of paragraph (a).
This Act is called the Local Government Law Amendment Act, 2002.
Local Ordinance, OrdinanceGovernment 1939 No.
Local Ordinance, (OrdinanceGovernment 1962 No.
Local Ordinance, (OrdinanceAuthorities 1974 No.
Municipalities Act, 1979 (Act No.
Black Communities Development Act, 1984 (ActNo.
Thesepaymentsoccurredasaresult of circularsissued by the respective MEC's in contravention of theAct. Thesecircularswerebonafide errors on the part of the provincial governments concerned. The Bill proposes an amendmentto the Remuneration of Public Office Bearers Actso as to validate the circulars and consequently all payments made in terms thereof.
(a)Aanmendment to section is that empower functional boundaries with municipal boundaries.
Anamendmenttosection 6 isproposedthatwouldreduce the number of members of the Demarcation Board. Whilst the Demarcation Board would continue to exist, it is expectedthat it would onlyneedalimitednumber of members to perform its functions. A Board consisting of minimum 3 and maximum 10 members is being proposed.
An amendment to section 23 is proposed to correct the process following the determination of a boundary, and to reduce the time for response by the Electoral Commission. The present wording of section 23(1) does not allow for objections to demarcations to be finalisedbeforetheElectoralCommission is informed of the determination of a boundary.
4.1 Theamendments effected to the Local Government: MunicipalStructuresAct, 1998 (Act No. 117 of 1998), by the Local Government: Municipal Electoral Act,2000 (Act No.27 of 2000), only amended the English text of the Structures Act. In like manner, section8 of the Local Government: Municipal Structures Amendment Act, 2000 (Act No. 33 of 2000), only amended the English text of section 86 of the Structures Act. In order to preserve the integrity of the two texts of the Structures Act, it is proposed that the relevant Afrikaans provisions be amended.
4.4 In order to create anenablingenvironment for traditional leaders to participate in the proceedings of a municipal council as envisaged in section81 of the Structures Act, a policy decision was taken to provide for the payment of out of pocket expenses in respect of such participation. An amendment to the said section 81 is proposed that would make provision for the payment of such expenses.
4.5 An amendment to section84(3) is proposed enabling the Minister to revoke a notice authorising a local municipality to perform certain functions or exercise certain powers of districtmunicipalities. Currently no provision pertainingto the revocation ofsuchnotice exist. An amendment to the Minister's power to amend such a notice is also proposed.
4.7 TheStructuresActdoesnotmakeprovision for uncontested wardelections. An amendment to Schedule1 is proposed that would dispense with the holding of an election where only one candidate has been nominated.
Government Act, 1997.
Chapter 2 of the Bill contains the proposed amendments to the Remuneration of Public Office Bearers Act, 1998.
Municipal Demarcation Act, 1998.
Municipal Structures Act, 1998.
Chapter 7 of the Bill addresses miscellaneous matters.
If theBillisnotpassed thepaymentsmade in terms of thecircularswillhave to be recovered. The exact amounts involved are not known to the Department.
If the Bill ispassed, thesalariesandallowancespaid in accordance withtherelevant circulars to councillors in the Provinces of Gauteng and the Western Cape would not be regarded as unauthorised expenditure.
Relevant municipalities would have to make provision in their budgets for the payment of out of pocket expenses to traditional leaders who participate in the proceedings of their councils.
The Department of Provincial and Local Government is of the opinion that the Bill must be dealt with in accordance with the procedure prescribed-by section75 of the Constitution.
The Bill does not fall within a functional area listed. in Schedule -4to the Constitution, nor does it provide for legislation envisaged in the sections referred to in section 76(3)of the government.