MINISTRY FOR PROVINCIAL AND LOCAL GOVERNMENT LOCAL GOVERNMENT:MUNICIPAL STRUCTURES SECOND AMENDMENT BILL,2002 1.
Private Bag X804 4. Comments must be received by no later than 7 November2002.
To amend the Local Government: Municipal Structures Act, 1998, so as to regulate the effects arising from a change of the type of municipality where such a change affects the respective terms of office of a member of the executive committee and an executive mayor; and to provide for matters connected therewith.
within l4.days of the council's election; [or].
IC) within 14 days of the date from which thetvpe of the municipalityhasbeen chanqed frcg any of the tvpesmentionedinsections 8(e), (f), (4).or (h), 9(c). (d), (e) or (f) or 10(b) or (c)to anv of the types referred to in sections 8(a), (b), (c)A)r (dl 9(a) or (b) or lO(a).
Amendment of section47' of Act 117 of 1998 2.
Amendment of section 55 of Act 117 of 1998 3.
Amendment of section 57 of Act 117 of 1998 4.
"(a) must be elected for a term ending, subject to [section] sections 58 and59, when the next council is declared elected; and".
Amendment of section Ei9 of Act 117 of 1998 5.
This Act is called the Local Government: MunicipalStructuresSecondAmendment Act, 2002.
2.1 Clause 1 of the Bill proposes anamendment to section 45 of the Structures Act to determine the applicable timeframefortheelection of members of the executive committee where the type of a municipality has been changed from an executive mayoral type to an executive committee type.
2.3 Clause 3 of the Bill proposes an amendment to section 55 of the Structures Act to determine the applicable timeframe for the election of an executive mayor and executive deputymayorwhere the type of amunicipalityhasbeenchanged from an executive committee type to an executive mayoral type.
2.4 Clause 4 of the Bill contains aconsequentialamendment to section 57 ofthe Structures Act.
There are no direct implications for provinces.
Implications for a municipality would only arisewhere the existing type of that municipality is changed.
The Department of Provincial and Local Government isof the opinion that the Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution. The Bill does not fall within a functional area listed in Schedule 4 to the Constitution, and does not providefor legislation envisaged in the sections referred to in section 76(3) of the Constitution.