NO. 209 OF 1993: LOCAL GOVERNMENT TRANSITION ACT, 1993.
STATE PRESIDENT'S OFFICE
No. 187. 2 February 1994
NO. 209 of 1993: LOCAL GOVERNMENT TRANSITION ACT, 1993.
ACT
To provide for revised interim measures with a view to promoting the
restructuring of local government, and for that purpose to provide for the
establishment of Provincial Committees for Local Government in respect of the
various provinces; to provide for the recognition and establishment of forums
for negotiating such restructuring of local government; for the exemption of
certain local government bodies from certain provisions of the Act; for the
establishment of appointed transitional councils in the pre-interim phase; for
the delimitation of areas of jurisdiction and the election of transitional
councils in the interim phase; for the issuing of proclamations by the
Administrators of the various provinces; for the establishment of Local
Government Demarcation Boards in respect of the various provinces; and for the
repeal of certain laws; and to provide for matters connected therewith.
(English text signed by the State President.)
(Assented to 20 January 1994.)
BE IT ENACTED by the State President and the Parliament of the Republic
of South Africa, as follows:-
PART 1
Application of Act
Definitions
1. (1) In this Act, unless the context indicates otherwise:
(i) "Administrator" means the Administrator as defined in section 1 of
the Provincial Government Act, 1986 (Act No. 69 of 1986): Provided
that where the Administrator is required to exercise any power in
respect of any local government body which is situate within that
part of the province which forms part of a Self-governing
Territory, the Administrator shall act after consultation with the
Chief Minister of that Self-governing Territory: Provided further
that at the establishment of a provincial government for the
province concerned in terms of the Constitution of the Republic of
South Africa, 1993, any reference to the Administrator shall be
construed as a reference to the Executive Council of that province
and any reference to a province shall be construed as a reference
to the corresponding province; (i)
(ii) "Board" means the Local Government Demarcation Board established for
a province under section 11(1); (xvi)
(iii) "Committee" means the Provincial Committee for Local Government
established for a province in terms of section 3(1)(a); (iii)
(iv) "interim phase" means the period commencing on the day after
elections are held for transitional councils as contemplated in
section 9, and ending with the implementation of final arrangements
to be enacted by a competent legislative authority; (ii)
(v) "local government body" means any institution or body contemplated
in section 84(1)(f) of the Provincial Government Act, 1961 (Act No.
32 of 1961), and includes
(a) any local government body established by or under any law in
force in a Self-governing Territory;
(b) any local authority as defined in section 1(1) of the Black
Local Authorities Act, 1982 (Act No. 102 of 1982);
(c) any local government body established by virtue of the
provisions of section 30(2)(a) of the Black Administration Act,
1927 (Act No. 38 of 1927), or any body performing local
government functions under the laws referred to in section 15(1)
of this Act
(d) a board of management or board referred to in section 1 of the
Rural Areas Act (House of Representatives), 1987 (Act No. 9 of
1987);
(e) any committee referred to in section 17 of the Promotion of
Local Government Affairs Act, 1983 (Act No. 91 of 1983);
(f) any local council established under section 2 of the Local
Councils Act (House of Assembly), 1987 (Act No. 94 of 1987);
(g) the Local Government Affairs Council established by section 2 of
the Local Government Affairs Council Act (House of Assembly),
1989 (Act No. 84 of 1989);
(h) any regional services council established under section 3 of the
Regional Services Councils Act, 1985 (Act No. 109 of 1985);
(i) any joint services board established under section 4 of the
Kwazulu and Natal Joint Services Act, 1990 (Act No. 84 of 1990);
(j) any joint decision-making body, joint local authority or single
local authority referred to in paragraphs (c), (e) and (f) of
section 8 of the Interim Measures for Local Government Act,1991
(Act No.128 of 1991), and established by proclamation issued
under that Act;
(k) any person, institution or body declared under subsection (2) to
be a local government body for the purposes of this Act; (xiii)
(vi) "local government co-ordinating committee" means a joint committee
established to exercise and perform during the pre-interim phase
specific powers and duties of local government bodies, as
contemplated in section 7(1)(c); (xii)
(vii) "metropolitan area" means any area-
(a) comprising the areas of jurisdiction of multiple local
governments;
(b) which is densely populated and has an intense movement of
people, goods and services within the area;
(c) which is extensively developed or urbanized and has more than
one central business district, industrial area and concentration
of employment; and
(d) which, economically, forms a functional unit comprising various
smaller units which are interdependent economically and in
respect of services; (iv)
(viii) "Minister" means the Minister of Local Government; (vii)
(ix) "negotiating forum" means any negotiating forum referred to in
section 6; (ix)
(x) "Official Gazette" means the "Official Gazette" of the province
concerned; (viii)
(xi) "pre-interim phase" means the period commencing on the date of
commencement of this Act and ending with the commencement of the
interim phase; (xiv)
(xii) "province" means any existing province, and from the establishment
of a provincial government for the province concerned in terms of
the Constitution of the Republic of South Africa, 1993, the
corresponding province; (xv)
(xiii) "Self-governing Territory" means a self-governing territory as
defined in section 38(1) of the Self-governing Territories
Constitution Act, 1971 (Act No. 21 of 1971); (xvii)
(xiv) "town clerk", in relation to a local government body, transitional
council or transitional metropolitan substructure, means the chief
executive officer of such local government body, transitional
council or transitional metropolitan substructure regardless of the
designation of the post occupied by that officer; (xviii)
(xv) "transitional council" includes a local government co-ordinating
committee, a transitional local council and a transitional
metropolitan council for the pre-interim phase, and a transitional
local council and a transitional metropolitan council for the
interim phase; (x)
(xvi) "Transitional Executive Council" means the Transitional Executive
Council established by section 2 of the Transitional Executive
Council Act, 1993 (Act No. 151 of 1993); (xix)
(xvii) "transitional local council" means a single council as contemplated
in section 7(1)(b)(i) for the pre-interim phase, and as
contemplated in section 8(1)(a) for the interim phase; (xi)
(xviii) transitional metropolitan council" means the council as contemplated
in section 7(1)(b)(ii) for the pre-interim phase, and as
contemplated in section 8(1)(b) for the interim phase; (v)
(xix) transitional metropolitan substructure" means a primary local
authority for a metropolitan area of local government as
contemplated in section 7(1)(b)(ii) for the pre-interim phase, and
as contemplated in section 8(1)(b) for the interim phase. (vi)
(2) The Administrator may, in respect of the province for which he or she
is appointed, by notice in the Official Gazette-
(a) declare any person who or institution or body which in his or her
opinion performs local government functions in respect of a
particular area;
(b) if he or she deems it in the interest of the persons residing within
the area of jurisdiction of a traditional authority as contemplated
in section 181 of the Constitution of the Republic of South Africa,
1993, declare such traditional authority, to be a local government
body for the purposes of this Act.
Inclusion of Self governing Territories
2. The provisions of this Act or any proclamation or regulation made
thereunder-
(a) shall, notwithstanding anything to the contrary contained in the
Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971),
be of force and effect in any Self-governing Territory;
(b) shall be construed as if the legislative assembly and the executive
government of any Self-governing Territory do not have legislative and
executive powers over matters dealt with in this Act or in any such
proclamation or regulation.
PART II
Provincial Committee for Local Government
Establishment of Provincial Committee for Local Government
3. (1) (a) The Transitional Executive Council shall establish for each
province as Contemplated in section 124 of the Constitution of the
Republic of South Africa, 1993, a committee to be known as the
Provincial Committee for Local Government, which shall exercise the
powers and perform the duties conferred or imposed upon it by this
Act.
(b) For as long as the Transitional Executive Council is in existence,
the Committee shall, subject to the provisions of this Act, be
deemed to be a subcOmmittee contemplated in section 7(1)(h) of the
Transitional Executive Council Act, 1993 (Act No. 151 of 1993).
(c) The Committee shall be disestablished on the day immediately
preceding the day determined in terms of section 9(1) of this Act.
(2) The Committee shall be broadly representative of stakeholders in local
government in the province concerned and consist of not more than six
members initially appointed by the Transitional Executive Council:
Provided that-
(a) a member shall have knowledge of matters concerning local government
and reside within the province concerned; and
(b) not more than one representative of any such stakeholder shall be
appointed as a member of the Committee-
(3) The Committee shall from among its members appoint a chairperson and a
vice-chairperson and other office bearers either on a permanent or
rotational basis.
(4) When the chairperson is absent or unable to perform his or her
functions in terms of this section, the vice-chairperson shall act in
his or her stead, and while so acting he or she may exercise all the
powers and shall perform all the duties of the chairperson.
(5) (a) A member of the Committee shall hold office as a member during the
pleasure of the Transitional Executive Council, and, at the
establishment of a provincial government for the province concerned
in terms of the Constitution of the Republic of South Africa, 1993,
during the pleasure of the Executive Council of that provincial
government.
(b) Any vacancy in the membership of the Committee shall be filled by a
person appointed by the Transitional Executive Council in
accordance with the provisions of subsection (2): Provided that if
any vacancy occurs when the Transitional Executive Council is not
in existence, it shall be filled by a person appointed by the
Executive Council of the province concerned: Provided further that
any person so appointed shall have knowledge of matters concerning
local government and shall reside within the province concerned.
(6) Sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act No. 8 of
1947), shall apply mutatis mutandis to the Committee in so far as they
are applicable to the functions of the Committee.
(7) (a) Meetings of the Committee shall be held at such times and places as
the chairperson may determine.
(b) A decision of the Committee shall be taken by a two-thirds majority
of all the members referred to in subsection (2).
(c) The Committee may make rules in relation to the holding of and
procedure at meetings of the Committee.
(8) (a) The conditions of service, remuneration, allowances and other
benefits of members of the Committee shall be determined by the
Administrator with the concurrence of the Minister of Finance.
(b) Any member of the Committee who receives remuneration, allowances
or other benefits by virtue of his or her employment by or position
in any government or public service or any transitional executive
structure and who continues to receive such remuneration,
allowances or other benefits while serving on the Committee shall
not receive any remuneration, allowance or other benefits in terms
of paragraph (a), except to the extent required to place such
member in the position in which he or she would have been were it
not for such employment or position.
(9) (a) The Committee may appoint one or more subcommittees consisting of
such members of that Committee and such other persons as the
Committee may deem fit, to serve on any such subcommittee to advise
and make recommendations in writing to the Committee regarding the
exercise of any power or the performance of any duty conferred or
imposed upon the Committee by this Act, subject to the directions
of the Committee.
(b) Where more than one member of the Committee serves on a
subcommittee, the Committee shall designate one of those members as
chairperson of the subcommittee, but where only one member of the
Committee serves on a subcommittee, such a member shall be the
chairperson thereof.
(c) The provisions of subsections (6), (7) and (8) shall apply mutatis
mutandis in relation to a subcommittee appointed under paragraph
(a) and to any member of such subcommittee.
(10) The administrative work incidental to the performance of the functions
of the Committee shall be performed by officers of the respective
provincial administrations designated for this purpose by the
Director-General concerned.
Administrator shall act with concurrence of Committee
4. (1) Where the Administrator is required to exercise any power or perform
any duty conferred or imposed upon him or her by this Act, he or she
shall act with the concurrence of the Committee.
(2) (a) The Administrator shall in writing notify the Committee of his or
her intention to exercise any power or to perform any duty
conferred or imposed upon him or her by this Act: Provided that
such notice shall set out the views of the Administrator on the
matter.
(b) On receipt of a notice referred to in paragraph (a), a meeting of
the Committee shall be held as soon as practicable for the purpose
of furnishing the Administrator with the written decision of the
Committee in regard to the exercise of a power or the performance
of a duty referred to in paragraph (a).
(3) (a) Where the Administrator and the Committee do not concur with regard
to the exercise of a power or the performance of a duty referred to
in subsection (2)(a), the Administrator shall refer the matter to
the Special Electoral Court established by section 32 of the
Independent Electoral Commission Act, 1993 (Act No. 150 of 1993),
for decision, and may only proceed to exercise such power or
perform such duty, as the case may be, if or in so far as the
Special Electoral Court authorizes him or her to do so.
(b) When the Administrator refers any matter to the Special Electoral
Court in terms of paragraph (a), that Court shall as soon as
practicable consider the matter and give its decision, having due
regard to-
(i) the views expressed on the matter by the Administrator in his or
her written notice to the Committee referred to in subsection
(2)(a);
(ii) the decision of the Committee referred to in subsection (2)(b);
(iii) the written representations of any local government body,
transitional council or transitional metropolitan substructure
which may be affected by the exercise of a power or the
performance of a duty referred to in subsection (2)(a); and
(iv) any other matter considered by the Special Electoral Court to be
relevant for its decision.
(c) The Special Electoral Court may make such findings and give such
instructions or directions as it may consider appropriate in the
circumstances.
(d) The findings of the Special Electoral Court shall be final and
binding and shall not be subject to further appeal.
PART III
Exemption from certain provisions
Administrator may exempt certain local government bodies from certain
provisions of Act
5. (1) The Administrator may in writing exempt any local government body from
the provisions of Parts IV and VI of this Act if the Administrator is
satisfied that such local government body is non-racial and inclusive
and has brought about stability at local level through effective
government, orderly financial management and a single local government
administration.
(2) From the date of an exemption granted by the Administrator as
contemplated in subsection (1)-
(a) Parts IV and VI of this Act shall not apply to an exempted local
government body referred to in subsection (1), and any proclamation
issued under the Interim Measures for Local Government Act, 1991
(Act No. 128 of 1991), whereby such local government body was
established, shall, subject to the provisions of this Act, continue
to be of force up to the day immediately preceding the day
determined in terms of section 9(1); and
(b) the provisions of section 16 of this Act shall apply mutatis
mutandis in relation to such local government body.
PART IV
Pre-interim phase: Negotiating forums
Recognition and establishment of forums
6. The Administrator shall, if he or she is satisfied on a balance of
probabilities on the evidence contained in a written application made to
him or her by any forum established before or after the commencement of
this Act, that such forum has been established substantially in accordance
with the principles and procedures contained in Schedule 1, recognize such
forum, whereupon such forum shall be deemed to be a negotiating forum for
the purposes of this Act.
Negotiating matters
7. (1) Notwithstanding anything to the contrary contained in any other law, a
negotiating forum shall-
(a) negotiate with regard to the area of a forum as contemplated in
paragraph 1 of Schedule 1;
(b) subject to the principles and procedures embodied in Schedule 1,
negotiate on the establishment of-
(i) any transitional local council for a non-metropolitan area of
local government;
(ii) any transitional metropolitan council with transitional
metropolitan substructures for a metropolitan area of local
government, within the area of a forum by a proclamation
contemplated in section 10(1), as a possible option for the
pre-interim period: Provided that where any such option is agreed
upon, the following matters shall, where applicable, also be
negotiated:
(aa) The powers and duties of any transitional metropolitan
council and transitional metropolitan substructure Provided
that-
(aaa) the powers and duties of any transitional metropolitan
council shall, subject to section 126 of the
Constitution of the Republic of South Africa, 1993, and,
in the case of the functions water and electricity,
unless otherwise determined by national legislation, be
at least the powers and duties listed in Schedule 2; and
(bbb) any transitional metropolitan council may, in its
discretion, decide not to exercise any such power or
perform any such duty;
(bb) the total number of seats in a transitional local council or
transitional metropolitan council and a transitional
metropolitan substructure, taking the number of existing
seats of all local government bodies within the area of the
forum as a point of departure;
(cc) the nomination of persons for appointment as members of a
transitional local council or transitional metropolitan
council and transitional metropolitan substructure-
(c) subject to the principles and procedures contained in Schedule 1,
negotiate on the establishment of a local government co-ordinating
committee for the local government bodies within the area of the
forum for a non-metropolitan area of local government by a
proclamation contemplated in section 10(1), as a possible option for
the pre-interim period, having certain specified powers and duties
with the individual councils of the local government bodies
retaining all other powers and duties within their areas of
jurisdiction:
Provided that where such option is agreed upon, the following matters
shall also be negotiated-
(i) The powers and duties of the local government co-ordinating
committee: Provided that the powers and duties of any local
government co-ordinating committee shall be at least the
following powers and duties:
(aa) To ensure access by all persons residing within the areas of
jurisdiction of the individual local government bodies to the
following services: Water supply, sewerage purification,
electricity if so agreed by all the individual local
government bodies, refuse removal, roads and stormwater
drainage, health services, emergency services, financial
administration, and any other service agreed upon: Provided
that if the individual local government bodies do not have
the ability, jointly or severally, to ensure access to
electricity themselves, the local government co-ordinating
committee shall negotiate for such access thereto to be
provided on its behalf by any other competent body: Provided
further that any such arrangement shall not relieve the local
government co-ordinating committee of its responsibilities as
contemplated in this item;
(bb) the approval of the budget for the local government
co-ordinating committee in respect of the powers and duties of
the local government co-ordinating committee: Provided that-
(aaa) such budget shall be prepared in accordance with the
applicable law;
(bbb) all available and applicable resources shall be utilized
on an efficient and equitable basis;
(ccc) such budget shall at least include an amount of not less
than ten per cent of the total assessment rates of the
individual local government bodies for the 1993/94 budget,
which shall be employed for the improvement and
restoration of such services as identified and arranged
in order of priority by the local government
co-ordinating committee; and
(ddd) the local government co-ordinating committee shall
receive intergovernmental grants as well as funds from
the local government bodies referred to in paragraphs (h)
and (i) of the definition of local government body to
allocate and distribute such grants and funds to any
individual local government body to address service and
developmental backlogs as identified and arranged in
order of priority by the local government co-ordinating
committee;
(cc) to investigate the rationalization of the administration and
personnel of the individual local government bodies in the
area of the forum and, subject to applicable labour law,
implement a programme of rationalization to be completed at
the commencement of the interim phase-
(ii) the total number of seats in such local government co-ordinating
committee and the representation on such committee of the local
government bodies within the area of the forum and such other
persons nominated by the forum;
(iii) the nomination of persons for appointment as members of such
local government co-ordinating committee, and shall submit any
agreement reached to the Administrator within a period of 90 days
after the date of commencement of this Act or within such
extended period as the Administrator may allow, whereupon the
Administrator shall exercise the powers conferred upon him or her
by section 10(1) incorporating the provisions of such agreement
in the proclamation contemplated in the said section.
(2) (a) Where an agreement as contemplated in subsection (1) is not
submitted to the Administrator within the period referred to in
that subsection, or within such extended period as the
Administrator may allow, the Administrator shall, within a period
of 30 days, facilitate a process of independent mediation, the
result of which shall be referred to the forum for a decision.
(b) Where the forum arrives at a decision taken by the required
majority contemplated in subsection (3), the Administrator shall
exercise the powers conferred upon him or her by section 10(l),
incorporating the provisions of such decision in the proclamation
contemplated in the said section.
(c) Where the forum is unable to arrive at a decision as contemplated
in paragraph (b), the Administrator shall-
(i) in the case of any local government body in the area of the
forum concerned which, in terms of Board Notice No. 127 of 1993
of the Board on the Remuneration and Service Benefits of Town
Clerks, as published in Government Gazette No. 15250 of 12
November 1993, is classified as a grade 8 local authority or
lower, determine that the option referred to in paragraph (c) of
subsection (1) shall be applied to such local government body;
and
(ii) in the case of any local government body in the area of the
forum concerned which, in terms of Board Notice No. 127 of 1993
of the Board on the Remuneration and Service Benefits of Town
Clerks, as published in Government Gazette No. 15250 of 12
November 1993, is classified as a grade 9 local authority or
higher, determine that the option referred to in paragraph (b)
or (c) of subsection (1) shall be applied to such local
government body, and shall exercise the powers conferred upon
him or her by section 10(1), incorporating the provisions of
such determination in the proclamation contemplated in the said
section.
(3) Any agreement contemplated in subsection (1) shall be approved and any
decision contemplated in subsection (2) shall be taken by a concurrent
majority of two-thirds of both the statutory and non-statutory
components of the forum:
Provided that any such agreement or decision relating to the
application of the option referred to in paragraph (b) of subsection
(1) to any local government body within the area of the forum concerned
which, in terms of Board Notice No. 127 of 1993 of the Board on the
Remuneration of Service Benefits of Town Clerks, as published in
Government Gazette No. 15250 of 12 November 1993, is classified as a
grade 8 local authority or lower, shall only be approved or taken by a
concurrent majority of four-fifths of both the statutory and
non-statutory components of the forum.
(4) For the purposes of this section, the expressions "statutory" and
"non-statutory" shall, in relation to a forum, bear the meaning
assigned to them in Schedule 1.
PART V
Interim Phase: Transitional Councils
Delimitation of areas of jurisdiction and establishment of transitional
councils
8. (1) A transitional council for which elections shall be held as provided
for in section 9, shall be known as-
(a) a transitional local council for a non-metropolitan area of local
government, which may include the area of jurisdiction of a
traditional authority contemplated in section 181 of the
Constitution of the Republic of South Africa, 1993;
(b) a transitional metropolitan council with transitional metropolitan
substructures for a metropolitan area of local government.
(2) After due consideration of-
(a) the written representations of any transitional council or
transitional metropolitan substructure which may be affected; and
(b) the advice and written recommendations of the Board,
the Administrator shall-
(i) delimit the areas of jurisdiction of transitional councils and
transitional metropolitan substructures;
(ii) determine the powers and duties of any transitional metropolitan
council and transitional metropolitan substructure: Provided
that-
(aa) the powers and duties of any transitional metropolitan
council shall, subject to section 126 of the Constitution of
the Republic of South Africa, 1993, and, in the case of the
functions water and electricity, unless otherwise determined
by national legislation, be at least the powers and duties
listed in Schedule 2;
(bb) any transitional metropolitan council may, at its discretion,
decide not to exercise any such power or perform any such
duty;
(iii) determine the number of seats in a transitional local council or
transitional metropolitan council and transitional
metropolitan substructure; and
(iv) delimit the area of jurisdiction of any transitional local
council and transitional metropolitan substructure into wards in
accordance with Schedule 3.
(3) After making a delimitation and determination contemplated in
subsection (2), the Administrator shall exercise the powers conferred
upon him or her by section 10(1) incorporating the provisions of such
delimitation and determination in the proclamation contemplated in the
said section.
Elections for transitional councils
9. (1) Notwithstanding anything to the contrary contained in any law, the
first election, after the commencement of this Act, of the members of
any transitional council and any transitional metropolitan substructure
in the province concerned, shall take place on a day determined by the
Minister by notice in the Gazette, after consultation with the
respective Administrators.
(2) Notwithstanding anything to the contrary contained in any law, the
Administrator may by proclamation in the Official Gazette(a) make
regulations, not inconsistent with this Act and the Constitution of the
Republic of South Africa, 1993, regarding-
(i) the determination of wards and polling districts;
(ii) voters and voters' lists, including the determination of the
qualifications of voters;
(iii) members of transitional councils and transitional metropolitan
substructures, including the qualifications and terms of office of
members;
(iv) the conducting of and procedures at the election;
(v) election expenses;
(vi) corrupt and illegal practices and other related offences; and
(vii) any other matter which the Administrator may deem necessary or
expedient to prescribe in order to achieve or promote the objects of
this section, and the generality of this provision shall not be
limited by the preceding subparagraphs of this paragraph;
(b) declare that any law or any provision of any law pertaining to the
election of members of any local government body in the province
concerned shall, subject to the adjustment or amendment thereof set
out in that proclamation, for the purposes of an election referred
to in subsection (1), apply to any transitional council or
transitional metropolitan substructure referred to in subsection
(1).
(3) Regulations made under subsection (2)(a) may prescribe penalties for a
contravention thereof or a failure to comply therewith, of a fine, or
imprisonment for a period not exceeding two years.
(4) Any regulation made under paragraph (a) of subsection (2) and any
declaration contemplated in paragraph (b) of that subsection, shall be
in accordance with the principles contained in Schedule 4.
PART VI
Transitional measures for both pre-interim and interim phases
Powers of Administrator
10. (1) For the purposes of this Act the Administrator concerned may in respect
of the area of jurisdiction of the province for which he or she is
appointed-
(a) by proclamation in the Official Gazette, make enactments not
inconsistent with this Act with a view to the transitional
regulation of any matter relating to local government;
(b) provide in any such enactment for the amendment or repeal of any
law, including any Act of Parliament or the legislative assembly of
any Self-governing Territory, in so far as it relates to any such
matter and applies in the province; and
(c) provide in any such enactment that any law, including any Act of
Parliament or the legislative assembly of a Self-governing
Territory, or any provision of any such law, pertaining to local
government affairs shall, subject to the adjustment or amendment of
such law or provision as he or she may make in such enactment, apply
to any local government body, transitional council or transitional
metropolitan substructure referred to in section 16, or to any
category of such local government body, transitional council or
transitional metropolitan substructure, and he or she may make
different such enactments in respect of different areas, local
government bodies, transitional councils or transitional
metropolitan substructures.
(2) The Administrator may in like manner amend or repeal a proclamation
made under subsection (1).
(3) Without derogating from the generality of the powers conferred by
subsection (1), a proclamation contemplated in that subsection may
provide for-
(a) the establishment, under a name set out in the proclamation of any
transitional council or transitional metropolitan substructure;
(b) the termination of the terms of office of members of any local
government body and the appointment of persons as members of any
transitional council or transitional metropolitan substructure;
(c) the termination of the terms of office of members of any local
government body, transitional council or transitional metropOlitan
substructure and the appointment of one or more persons or any body
to manage and control the affairs of such local government body,
transitional council or transitional metropolitan substructure, and
on behalf of such local government body, transitional council or
transitional metropolitan substructure to exercise and perform the
powers and duties, rights and obligations of such local government
body, transitional council or transitional metropolitan
substructure-
(d) the application to any such local government body, transitional
council or transitional metropolitan substructure of any law which
in the opinion of the Administrator relates to local authorities or
local authority matters to the extent stated in the proclamation, or
the regulation with reference to any such local government body,
transitional council or transitional metropolitan substructure of
any matter contained in any such law;
(e) the suspension of or exemption from any provision of any law which
relates to the establishment, dissolution or combination of local
government bodies, or the determination or alteration of the areas
or regions thereof;
(f) the dissolution of any local government body, including-
(i) the transfer or admission of persons to or in the service of any
transitional council or transitional metropolitan substructure,
subject to-
(aa) conditions not less favourable than those under which they
serve; and
(bb) applicable labour law;
(ii) the winding-up or transfer of the assets, liabilities, rights and
obligations of any local government body, including the
protection of such assets from attachment and sale in execution;
and
(iii) the continued application of the resolutions, by-laws or
regulations of such local government body;
(g) the delimitation of the area of jurisdiction of any local government
body, transitional council or transitional metropolitan substructure
into wards;
(h) the disestablishment of any local government body referred to in
paragraph (h) or (i) of the definition of local government body and
the establishment of a transitional metropolitan council with
transitional metropolitan substructures for a metropolitan area of
local government, including the delimitation of such an area, and
the constitution, functioning, powers, duties, assets, rights,
employees and financing of such transitional metropolitan council
and transitional metropolitan substructures: Provided that-
(i) the powers and duties of any transitional metropolitan council
shall, subject to section 126 of the Constitution of the Republic
of South Africa, 1993, and, in the case of the functions water
and electricity, unless otherwise determined by national
legislation, be at least the powers and duties listed in Schedule
2;
(ii) any transitional metropolitan council may, at its discretion,
decide not to exercise any such power or perform any such duty;
and
(iii) such transitional metropolitan council shall have the power to
levy and claim the regional services levy and the regional
establishment levy referred to in section 12(1)(a) of the
Regional Services Councils Act, 1985 (Act No. 109 of 1985), or
section 16(1)(a) of the KwaZulu and Natal Joint Services Act,
1990 (Act No. 84 of 1990), as the case may be, which the
disestablished local government body referred to in paragraph (h)
or (i) of the definition of local government body would, but for
its disestablishment, have levied and claimed;
(i) the disestablishment of any local government body referred to in
paragraph (h) or (i) of the definition of local government body and
the establishment of a body to be known as a services council,
sub-regional council or district council to jointly exercise the
powers and perform the duties in relation to certain local
government functions for a nonmetropolitan area of local government
by transitional local councils, local government co-ordinating
committees or local government bodies within such areas, including
the delimitation of such an area after due consideration of the
advice and written recommendations of the Board, and the
constitution, functioning, powers, duties, assets, rights, employees
and financing of such body: Provided that such services council,
sub-regional council or district council shall have the power to
levy and claim the regional services levy and the regional
establishment levy referred to in section 12(1)(a) of the Regional
Services Councils Act, 1985, or section 16(1)(a) of the KwaZulu and
Natal Joint Services Act, 1990, as the case may be, which the
disestablished local government body referred to in paragraph (h) or
(i) of the definition of local government body would, but for its
disestablishment, have levied and claimed;
(j) the protection of the rights and benefits, including the
remuneration, allowances and pension benefits, of employees of a
local government body, subject to applicable labour law and due
consultation between employer and employee bodies.
PART VII
Local Government Demarcation Boards
Establishment of Local Government Demarcation Boards
11. (1) There is hereby established for each province as contemplated in
section 124 of the Constitution of the Republic of South Africa, 1993,
a board to be known as the Local Government Demarcation Board.
(2) The Board shall consist of such number of members as may from time to
time be determined and appointed by the Administrator in accordance
with the criteria listed in Schedule 5.
(3) The Administrator shall designate a member of the Board as chairperson
and another member as vice-chairperson.
(4) When the chairperson is absent or unable to perform his or her
functions in terms of this section or if no person has been designated
as chairperson, the vice-chairperson shall act as chairperson, and
while so acting he or she may exercise all the powers and shall perform
all the duties of the chairperson.
(5) A member of the Board shall hold office as a member, and a member
designated as chairperson or vice-chairperson shall hold office as
chairperson or vice-chairperson, during the pleasure of the
Administrator.
(6) (a) Notwithstanding anything to the contrary contained in any law, the
Board shall at the request of the Administrator investigate and
make recommendations in writing to him or her regarding any
demarcation, redemarcation or withdrawal of the demarcation of any
area pertaining to local government affairs, including the area of
any negotiating forum and the area of jurisdiction of any local
government body, transitional council or transitional metropolitan
substructure and the delimitation of wards within the area of
jurisdiction of any local government body, transitional council or
transitional metropolitan substructure.
(b) When the Board makes recommendations to the Administrator as
contemplated in paragraph (a), it shall do so within a reasonable
time after having been requested to do so and take into account the
criteria listed in Schedule 6.
(7) Sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act No. 8 of
1947), shall apply mutatis mutandis to the Board in so far as they
are applicable to the functions of the Board.
(8) (a) Meetings of the Board shall be held at such times and places as the
chairperson may determine.
(b) The majority of the members of the Board shall form a quorum for a
meeting.
(c) The decision of the majority of the members of the Board present at
any meeting thereof, shall be a decision of the Board: Provided
that in the event of an equality of votes the chairperson shall
have a casting vote in addition to his or her deliberative vote.
(d) The Board may make rules in relation to the holding of and
procedure at meetings of the Board.
(9) The provisions of section 3(8) shall apply mutatis mutandis in relation
to the remuneration, allowances and other benefits of a member of the
Board-
(10) (a) The Board may appoint one or more committees consisting of such
members of the Board and such other persons as the Board may deem
fit to serve on any such committee to investigate any matter
referred to in subsection (6) (a)
(b) Where more than one member of the Board serves on a committee, the
Board shall designate one of those members as chairperson of the
committee, but where only one member of the Board serves on a
committee such member shall be the chairperson thereof.
(c) A committee appointed under paragraph (a), shall for the purposes
of any such investigation exercise all the powers conferred and
perform all the duties imposed upon the Board in respect of any
such investigation.
(d) A committee appointed under this subsection shall submit to the
Board a written report in respect of any investigation by it in
regard to any matter which the Board is in terms of subsection (6)
required to investigate, and the Board may thereupon act in regard
to that matter as if the Board had itself conducted such
investigation.
(e) The provisions of subsections (7), (8) and (9) shall apply mutatis
mutandis in relation to a committee appointed under paragraph (a)
and to any member of such committee.
(11) The administrative work incidental to the performance of the functions
of the Board shall be performed by officers of the respective
provincial administrations designated for such purpose by the
Director-General concerned-
PART VIII
General
Regulations
12. The Minister may, after consultation with the Administrator, make
regulations concerning any matter referred to in this Act which in his or
her opinion are necessary or expedient for the effective carrying out or
furtheranCe of the provisions and objects of this Act.
Repeal of Act 102 of 1982, and transitional measures
13. (1) Subject to the provisions of this section the Black Local Authorities
Act, 1982 (Act No. 102 of 1982), is hereby repealed.
(2) Where the Administrator has in terms of section 8 of the Local
Authority Affairs Amendment Act, 1991 (Act No. 127 of 1991), declared
certain provisions of the Black Local Authorities Act, 1982, applicable
to any other local authority or committee contemplated in that section,
such provisions shall form part of the law applying to such local
authority or committee
(3) Notwithstanding the provisions of subsection (1), any council or
committee established under the provisions of the Black Local
Authorities Act, 1982, shall continue to exist subject to the
provisions of this Act, and shall be deemed to be an institution or
body contemplated in section 84(1)(f) of the Provincial Government Act
(Act No. 32 of 1961).
(4) The provisions of any law applying to local authorities in the province
concerned shall, subject to the provisions of a proclamation
contemplated in section 10(1), apply mutatis mutandis to any local
government body referred to in paragraph (b) of the definition of local
government body.
(5) Any resolution, by-law or regulation of a local government body
referred to in subsection (4), shall continue to be of force until
amended or repealed by a proclamation contemplated in section 10(1) or
by a resolution, by-law or regulation of a transitional council or
transitional metropolitan substructure.
(6) (a) The Administrator may by notice in the Official Gazette define for
the purposes of this subsection an area outside the area of a local
government body referred to in paragraph (b) of the definition of
local government body, and exercise in such area the powers
conferred upon a local authority in a local authority area under
the laws applicable to local authorities in the province concerned.
(b) An area defined by the Administrator in terms of section 2(11) of
the Black Local Authorities Act, 1982, and an area deemed to be so
defined in terms of section 2(12) of that Act, shall, subject to
the provisions of this Act, be deemed to be an area defined in
terms of paragraph (a) of this subsection.
(c) Any reference in any law, including this Act, to a local government
body referred to in paragraph (b) of the definition of local
government body shall be deemed, in respect of an area referred to
in paragraph (a) of this subsection, also to be a reference to the
Administrator of the province concerned.
Repeal of Act 128 of 1991 and sections 28 and 29 of Act 134 of 1992, and
transitional measures
14. (1) Subject to the provisions of subsection (2), the Interim Measures for
Local Government Act,1991 (Act No. 128 of 1991), and sections 28 and 29
of the Provincial and Local Authority Affairs Amendment Act, 1992 (Act
No. 134 of 1992), are hereby repealed.
(2) Notwithstanding the provisions of subsection (1), any proclamation
issued under the Interim Measures for Local Government Act,1991, in
connection with any matter referred to in section 8 of that Act, shall,
subject to the provisions of this Act, continue to be of force until
amended or repealed by a proclamation contemplated in section 10(1) of
this Act.
Repeal of other laws, and transitional measures
15. (1) (a) Subject to the provisions of paragraph (b), the Regulations for the
Administration and Control of Certain Urban Areas in Natal,
1982(proclamation No. 86 of 1982), and the Regulations for the
Administration and Control of Certain Urban Areas in Natal, 1983
(Proclamation No. 67 of 1983), are hereby repealed.
(b) Notwithstanding the provisions of paragraph (a), any council or
committee established under the provisions of the laws referred to
in paragraph (a), shall continue to exist subject to the provisions
of this Act, and shall be deemed to be an institution or body
contemplated in section 84(1)(f) of the Provincial Government Act
1961, (Act No. 32 of 1961).
(2) The provisions of any law applying to local authorities in the province
concerned shall, subject to the provisions of a proclamation
contemplated in section 10(1), apply mutatis mutandis to any body
performing local government functions under the laws referred to in
subsection (l)(a).
(3) Any resolution, by-law or regulation of a body referred to in
subsection (2), shall continue to be of force until amended or repealed
by a proclamation contemplated in section 10(1) or by a resolution,
by-law or regulation of a transitional council or transitional
metropolitan substructure.
(4) (a) Subject to the provisions of paragraph (b), the Regulations
Governing the Administration and Control of the Areas Clermont and
Edendale, 1974 (Proclamation No. 163 of 1974), and the Regulations
for Local Authorities, 1988 (Government Notice No. 405 of 1988),
are hereby repealed.
(b) Any area in respect of which the laws referred to in paragraph (a)
applied immediately before the commencement of this Act, shall,
subject to the provisions of this Act, be deemed to be a defined
area referred to in section 13(6)(a) -
Transitional provisions
16. (1) Any transitional council or transitional metropolitan substructure
established by a proclamation contemplated in section 10(1), shall be
deemed to be an institution or body contemplated in section 84(1)(f) of
the Provincial Government Act, 1961 (Act No. 32 of 1961).
(2) Subject to the provisions of this Act and any proclamation issued
thereunder, the provisions of the laws applying to local authorities in
the province concerned shall mutatis mutandis apply to any transitional
council or transitional metropolitan substructure referred to in
subsection (1).
(3) Any reference in any law to a local authority shall, unless clearly
inappropriate, be deemed also to be a reference to any transitional
council or transitional metropolitan substructure referred to in
subsection (1).
(4) Any Bill of a competent legislature which affects the status,
boundaries, powers, duties or structure of any transitional council or
transitional metropolitan substructure referred to in subsection (1),
shall only be introduced after consultation with organized local
government and the transitional council or transitional metropolitan
substructure concerned.
(5) Notwithstanding anything to the contrary in any law contained-
(a) any resolution of any transitional council or transitional
metropolitan substructure referred to in subsection (1) pertaining
to the budget of such transitional council or transitional
metropolitan substrutcture shall be taken by a two-thirds majority
of the members of such council or substructure, and any resolution
of any transitional council or transitional metropolitan
substructure pertaining to town planning shall be taken by a
majority of the members of such council or substructure:
Provided that any such transitional council or transitional
metropolitan substructure may delegate the power to take any
decision on any matter pertaining to town planning to the committee
referred to in subsection (6) or to any other committee appointed
for this purpose; and
(b) if such transitional council or transitional metropolitan
substructure-
(i) on the last day of June in any financial year has failed to
approve a budget for the subsequent financial year; or
(ii) on the last day of April in any financial year has failed to take
steps to prepare a budget for the subsequent financial year, the
Administrator may exercise any power or perform any duty conferred
or imposed upon such transitional council or transitional
metropolitan substructure by this Act or any other law in relation
to the approval or preparation of a budget, as the case may be.
(6) Notwithstanding anything to the contrary in any law contained, a
transitional council or transitional metropolitan substructure referred
to in subsection (1) shall elect 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:
Provided that-
(a) the transitional council or transitional metropolitan substructure
shall determine the system of proportional representation and the
number of members of and the quorum for the executive committee;
(b) the executive committee shall endeavour to exercise its powers and
perform its duties on the basis of consensus; and
(c) if consensus on any matter cannot be achieved, such matter may
be decided by the committee by resolution of a majority
of at least two-thirds of its members, or the committee
may, if a majority of the committee so decides, submit a report and
recommendation on the matter to the transitional council or
transitional metropolitan substructure for a decision.
(7) Any member of any transitional council or transitional metropolitan
substructure referred to in subsection (1) shall be guilty of
misconduct if he or she contravenes or fails to comply with any
provision of the Code of Conduct for Councillors contained in Schedule
7, and his or her membership may, on application by the transitional
council or transitional metropolitan substructure concerned or any
member of such transitional council or transitional metropolitan
substructure, be terminated by any Provincial Division of the Supreme
Court within the area of jurisdiction of which such transitional
council or transitional metropolitan substructure is situated.
Short title
17. This Act shall be called the Local Government Transition Act, 1993.
SCHEDULE 1
Principles and procedures referred to in section 6
Area of forum
1. (1) Subject to the provisions of this Act, a forum shall be established for
each economically and historically bound area, ranging from a
stand-alone town with or without satellites to a complex metropolis.
(2) Criteria for the establishment of a forum include commercial and
industrial linkage, daily commuting patterns, provision of services
within the area, and the areas of jurisdiction of local government
bodies, including areas of jurisdiction of such local government bodies
existing before 1971, if any.
2. (1) Where a negotiating forum is not recognized by the Administrator as
contemplated in section 6 of this Act, the Administrator may determine
the area of a forum and submit it to the town clerks of the local
government bodies falling within the area of such forum.
(2) In determining the area of a forum, the Administrator shall take into
consideration the criteria referred to in paragraph 1(2), including-
(a) the area of any existing forum;
(b) the area of jurisdiction of any body or authority referred to in
paragraph (j) of the definition of local government body in section
1(1) of this Act.
(3) Upon receipt of a submission contemplated in subparagraph (1), the town
clerks concerned shall-
(a) arrange an inaugural meeting of the forum with all potential members
and observers contemplated in paragraph 3: Provided that the
Administrator may nominate a town clerk to arrange such meeting; and
(b) submit the submission to their respective councils for information.
(4) Within 30 days after receipt of a submission contemplated in
subparagraph (1), the forum shall either confirm the area of the forum
determined by the Administrator, or, subject to the provisions of
paragraph 1(2), propose a new area for the forum and submit such
(a) confirm the proposed area; or
(b) refer the matter to the Board established in terms of section 11(1)
of this Act to investigate the matter and make written
recommendations to him or her as contemplated in section 11(6) of
this Act.
(5) The decision of the Administrator-
(a) to confirm the proposed area of the forum as contemplated in
subparagraph (4)(a); or
(b) to require written recommendations of the Board as contemplated in
subparagraph (4) (b), shall be final and binding on the forum.
Membership of forum
3. (1) Membership of a forum shall be in accordance with the principle of
inclusivity and representativity: Provided that the process shall
continue despite the refusal or failure of any person, body or
organization to participate in any such forum.
(2) Observers, who or which shall be entitled to attend and to participate
fully in forum meetings, without the right to vote, may be appointed to
a forum.
(3) To qualify for membership or observer status, any prospective member or
observer shall, where applicable, submit in writing to the forum its
constitution, a list of office-bearers and details of activities and
membership as contemplated in subparagraph (4).
(4) (a) Membership of a forum shall be available to-
(i) members of local government bodies;
(ii) persons representing local organizations which are
representative of substantial sectors of the wider community
having a vested interest in the political restructuring of
local government, including civic associations, residents'
associations and the local structures of political parties.
(b) Bodies such as local chambers of commerce and industry, the
Development Bank of Southern Africa and supplier bodies such as
Eskom and Water Boards, may have observer status.
(5) Members of the forum shall be required to indicate whether they are to
be regarded as part of-
(a) the statutory component, comprising members of the existing local
government bodies and persons representing bodies or organizations
approved by the forum as being part of such component; or
(b) the non-statutory component, comprising persons representing any
other bodies or organizations not contemplated in item (a) having a
vested interest in the political restructuring of local government
and approved by the forum as being part of such component.
(6) If the forum fails to reach agreement on whether a member is to be
regarded as part of the statutory or non-statutory components
contemplated in items (a) and (b) of subparagraph (5), the forum shall
refer the matter to the Administrator for a final decision, which shall
be binding on the forum.
Negotiating matters and objectives
4. (1) A forum shall negotiate on the matters referred to in section 7(1)
of this Act.
(2) A forum may generally, as local circumstances dictate, explore and
propose short, medium and long term practical solutions to the problems
of local government in the area of such forum to be submitted to the
Administrator for consideration.
Nomination by forum of persons for appointment as members of transitional
councils
5. (1) For the purposes of negotiating the nomination of members of a
transitional council and transitional metropolitan substructure as
contemplated in section 7(1)(b) and (c) of this Act, the statutory and
the non-statutory components of the forum shall each complete a list of
potential candidates, whereupon a representative committee comprising
members from each component shall meet to attempt to reach consensus on
the persons to be nominated by the forum for appointment as members of
any transitional council and transitional metropolitan substructure:
Provided that at least half the persons nominated should be acceptable
to the statutory component and at least half to the non-statutory
component: Provided further that a list of additional candidates in
order of preference, shall be submitted by the statutory and
non-statutory components to facilitate the filling of any vacancy which
may occur.
(2) (a) One half of the nominations shall include members of the local
government bodies concerned and shall comprise equitably weighted
representation of the local government bodies concerned which shall
not disturb the pre-existing relationships within and between those
local government bodies.
(b) The other half of the nominations shall comprise equitable
representation of all those sectors of society which in the past
did not participate in the electoral process in the area of that
forum.
(3) Any person nominated as a member of any transitional council or
transitional metropolitan substructure shall meet the qualifications of
a member of one of the participating local government bodies.
(4) Lists of persons nominated as members of a transitional council or
transitional metropolitan substructure by the forum shall be submitted
to the Administrator as part of an agreement contemplated in section
7(1) of this Act.
(5) If the forum fails to reach agreement on the nomination of persons as
contemplated in subparagraph (21, the forum shall refer the matter to
the Administrator, who may appoint a mediator or mediators to assist
the forum to reach consensus.
Secretarial services
6. (1) The forum shall appoint a secretariat to provide secretarial
services.
(2) The local government bodies concerned shall be jointly and severally
responsible for the expenses incurred by the secretariat.
(3) The secretariat shall submit certified copies of all resolutions passed
by the forum pertaining to matters referred to in section 7(1)(a) to
(c) of this Act to the Administrator.
Procedures at meetings of forum
7. The standard rules of procedure contained in the Annexure may be adopted by
each forum as its rules of procedure at meetings.
ANNEXURE TO SCHEDULE 1
Standard rules of order for forum
Chairperson
1. (1) The inaugural meeting of a forum shall be convened by a person
nominated by the Administrator for that purpose.
(2) At its first meeting the forum shall designate a chairperson or
co-chairpersons, who need not be members of the forum: Provided that
any reference in this annexure to the chairperson shall also be deemed
to be a reference to the co-chairpersons.
(3) A chairperson may for sufficient reasons be removed from office by the
forum by a vote of no confidence, and if a chairperson is so removed
from office, another person shall be designated in his or her place.
(4) Whenever both the chairperson and the co-chairpersons are for any
reason absent or unable to act at a meeting, the forum shall by
majority of the members present at the meeting, designate a person from
among its members to take the chair at that meeting.
Meetings
2. (1) Members and observers may be accompanied by officials and advisers to
meetings of the forum, hereinafter referred to as "participants", and
such persons may with the consent of the chairperson participate in the
proceedings, without having the right to vote.
(2) Meetings of the forum shall be open to the media and the public, unless
the forum in respect of a particular occasion otherwise decides.
(3) If negotiations on any matter are contemplated, any member may request
that the meeting go into committee and, if the forum so agrees, the
meeting shall comply.
(4) The agenda for any meeting of the forum may be made available to the
public or the media before or at that meeting, but the secretariat may
at its discretion withhold any particular document from the press and
the public unless otherwise directed by the chairperson or the meeting.
(5) The forum shall, from time to time, set a programme of dates, times and
venues for its ordinary meetings.
(6) Leave of absence from any meeting may be applied for by or on behalf of
a member or observer either before or at the meeting concerned.
Notices of meetings
3. (1) The secretariat shall give written notice of a meeting to each member
and observer.
(2) The notice shall set out the time, date and place of such meeting and
shall include an agenda and such other information as the secretariat
may deem necessary to enable the participants to prepare for the
meeting.
(3) Meetings shall be convened on not less than seven calendar days'
notice.
(4) Not fewer than one quarter of the members of the forum may submit to
the secretariat a written request for a special meeting to be convened
on the grounds set out in the request, and the secretariat shall within
seven calendar days after receipt of such request issue a notice
convening such a meeting-
(5) (a) Service of such notices shall be by hand or by telefacsimile to
numbers supplied to the secretariat by members: Provided that
notices may be mailed to members whose offices are situated more
than 10 kilometres from the secretariat's office and who have not
provided telefacsimile addresses.
(b) Changes of address shall be notified to the secretariat in writing.
(6) The accidental omission to notify any member or observer shall not
affect the validity of the meeting concerned.
Quorum
4. (1) The quorum for a meeting of the forum shall be at least half the total
number of members of such forum.
(2) Whenever during a meeting there is no quorum, the chairperson shall
suspend proceedings for 20 minutes, and if at the end of that period
there is still no quorum, he or she may declare the meeting to be
adjourned.
Attendance register
5. The secretariat shall keep an attendance register, in which every
participant present at a meeting shall sign his or her name.
Order of business
6. (1) The order of business at a meeting shall be as follows:
(a) Opening;
(b) application for leave of absence;
(c) statements and communications by the chairperson;
(d) finalizing the agenda, including decisions on the release of
documents to the media and the public;
(e) confirmation of minutes of previous meeting;
(f) matters arising from the minutes (if not covered by agenda item);
(g) consideration of report by a joint technical committee referred to
in paragraph 12, including its working groups and task teams (if
any);
(h) consideration of any matters of common concern or interest relating
to the area of the forum;
(i) matters of urgency or necessity in terms of subparagraph (4);
(j) possible press statement.
(2) The chairperson may give preference to any item on the agenda with the
consent of the meeting-
(3) No business shall be transacted at a meeting other than that specified
in the agenda relating thereto.
(4) The chairperson may as a matter of urgency or necessity accept a
request to discuss a matter which request could not have been notified
to the secretariat in terms of paragraph 7, in which case a properly
motivated written request in this regard shall be directed to the
secretariat a reasonable time before the meeting.
(5) The chairperson shall rule on the acceptability of any urgent request,
and on the need for other participants to be given appropriate time to
prepare for discussion thereof.
Notice of matters for discussion
7. (1) Written notice of any matter contemplated in paragraph 6(1)(h) shall be
given to the secretariat not less than three days prior to the date of
each meeting of the forum and such notice shall be sent by the
secretariat to each member in terms of paragraph 3.
(2) A notice of matters for discussion shall deal with one matter only and
shall be relevant, which relevance shall be determined by the
chairperson at the meeting where the matter is to be considered.
Proposals during course of meeting
8. (1) The following proposals may also be made during a meeting:
(a) To amend a motion, proposal or recommendation of a joint technical
committee or a working group;
(b) that the forum adjourns;
(c) that a debate be adjourned;
(d) that a matter be referred back to the joint technical committee or a
working group;
(e) that consideration of the matter be deferred or held over;
(f) that a decision be taken on the matter under consideration;
(g) that it be accepted that consensus cannot be reached;
(h) that the meeting go into committee, and thereby exclude the media
and the public;
(i) that the media and the public be allowed back into the meeting.
(2) Every proposal in terms of subparagraph (1) shall be seconded.
(3) Any business uncompleted at the adjournment of a meeting shall be dealt
with at the next meeting unless the forum decides otherwise or the
chairperson convenes a special meeting to dispose of such business.
(4) Any proposal to refer a matter back for reconsideration shall indicate
to which body the matter shall be referred and the aspect on which
reconsideration is required.
Proceedings at meetings
9. (1) The chairperson shall control and conduct a meeting and may for such
purpose issue directionS to any participant or person, and at his or
her discretion adjourn the meeting at any time.
(2) Whenever the chairperson speaks during a meeting, any participant then
speaking or intending to speak shall be silent and all persons present
shall be silent so that the chairperSon may be heard without
interruption.
(3) A participant who speaks shall confine his or her speech strictly to
the motion or proposal under discussion or to an explanation or point
of order and no discussion shall be allowed which anticipate any matter
on the agenda.
(4) Any participant may ask the chairperson for permission to address the
meeting-
(a) on a point of order with a view to calling attention to any
departure from the prescribed procedure; or
(b) in personal explanation, in order to explain some material part of
his or her former speech which may have been misunderstood, and any
participant so asking shall be heard forthwith unless the
chairperson rules the point of order or explanation to be
inadmissible.
(5) (a) If a participant misconducts himself or herself, behaves in an
unseemly manner or obstructs the business of any meeting or
challenges any ruling of the chairperson, the chairperson shall
direct such person to conduct himself or herself properly and if
speaking to discontinue his or her speech.
(b) In the event of a persistent disregard by any person of the
directions of the chairperson, the chairperson shall direct such
person to retire from the place where the meeting is being held, for
the remainder of the meeting, failing which the chairperson may
direct that he or she be removed from such place.
(6) Any other person who misconducts himself or herself, behaves in an
unseemly manner or interrupts proceedings at any meeting, shall, if the
chairperson so directs, leave the place where the meeting is being
held, failing which the chairperson may direct that he or she be
removed from such place.
(7) Any interpretation by the chairperson of these Rules of Order shall,
if any participant present so requests, be recorded in the minutes.
Decision-making
10. (1) In carrying out its functions, the forum shall seek to achieve
consensus.
(2) Should consensus not be achieved on any matter at a subsequent meeting,
such matter shall, unless otherwise provided for in this Act, be
decided by a concurrent majority of two-thirds of both the statutory
and non-statutory components of the forum.
(3) Each member shall be entitled to one vote.
(4) Where a vote has to be taken on any matter, such vote shall be by a
show of hands unless any member requests a secret ballot.
Minutes
11. (1) The secretariat shall keep an attendance register, and proper minutes
or other appropriate records of the forum's decisions and transactions
in a minute book and other appropriate books, and copies of such
minutes shall, unless other arrangements are made with any member, be
sent to each member as soon as possible after each meeting, but at the
latest with the agenda for the next meeting.
(2) A copy of minutes certified by the chairperson as a true copy or
extract of minutes, confirmed by the forum, shall constitute prima
facie proof of the accuracy thereof.
Joint Technical Committee and working groups
12. (1) A standing committee to be known as the Joint Technical Committee
(hereinafter referred to as JTC) may be appointed by the forum from
both the statutory and non-statutory components to advise and make
recommendations in writing to the forum regarding any matter referred
to the JTC by the forum.
(2) The JTC shall attempt to reach consensus on all matters, but where this
cannot be achieved, any dissenting views shall be recorded.
(3) The JTC shall designate, and may remove from office, a chairperson by
resolution passed by a majority of members present at a meeting, each
member having one vote.
(4) The JTC may, subject to review by the forum, co-opt any person to sene
on it for one or more meetings or part of a meeting.
(5) The JTC or, if there is no JTC, the forum, may establish working
groups, task teams and subcommittees.
(6) The JTC shall meet as often as is necessary and shall determine the
dates of meetings.
(7) The chairperson of the JTC may, and shall at the request of two
members, call a special meeting of the JTC.
(8) Meetings of the JTC and of its working groups, task teams and
sub-committees shall not be open to the public or the media.
(9) Notice of a JTC meeting shall be given by the secretariat to members at
least 48 hours prior to the meeting, in the manner referred to in
paragraph 3(2).
(10) A majority of all the members represented on the JTC shall constitute a
quorum.
(11) The JTC shall regulate its own procedure, which shall as far as
practicable be the same as that of the forum.
SCHEDULE 2
Powers and duties of a transitional metropolitan council referred to in
sections 7(1)(b), 8(2) and 10(3)(h)
1. Bulk supply of water.
2. Bulk supply of electricity.
3. Bulk sewerage purification works and main sewerage disposal pipelines for
the metropolitan area.
4. Metropolitan co-ordination, land usage and transport planning.
5. Arterial metropolitan roads and stormwater drainage.
6. Passenger transport services.
7. Traffic matters.
8. Abattoirs.
9. Fresh produce markets
10. Refuse dumps.
11. Cemeteries and crematoriums.
12. Ambulance and fire brigade services.
13. Hospital services.
14. Airports.
15. Civil protection.
16. Metropolitan libraries-
17. Metropolitan Museums-
18. Metropolitan recreation facilities.
19. Metropolitan environment conservation.
20. Metropolitan promotion of tourism.
21. Metropolitan promotion of economic development and job creation.
22. The establishment, improvement and maintenance of other metropolitan
infrastructure services and facilities.
23. The power to levy and claim-
(a) the regional services levy and the regional establishment levy referred
to in section 12(l)(a) of the Regional Services Councils Act, 1985 (Act
No. 109 of 1985), or section 16(1) (a) of the KwaZulu and Natal Joint
Services Act, 1990 (Act No. 84 of 1990), as the case may be;
(b) levies or tariffs from any transitional metropolitan substructure in
respect of any function or service referred to in items 1-22; and
(c) an equitable contribution from any transitional metropolitan
substructure based on the gross or rates income of such transitional
metropolitan substructure.
24. The receipt, allocation and distribution of intergovernmental grants.
25. The power to borrow or lend money, with the prior approval of the
Administrator, for the purposes of or in Connection with the exercise or
performance of any power or duty.
SCHEDULE 3
Delimitation of wards referred to in section 8(2)
The area of jurisdiction of any transitional local council and transitional
metropolitan subStrUcture shall be divided into wards in accordance with the
applicable laws: Provided that where the area of jurisdiction of any such
transitional local council or transitional metropolitan substructure includes
(a) the area of jurisdiction of any institution or body contemplated in
section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of
1961); and
(b) any other area not falling within the area of jurisdiction of the
institutiOn or body referred to in paragraph (a), no area referred to in
paragraph (a) or (b) shall be allocated less than half the total number
of wards of such transitional local council or transitional metropolitan
substructure:
Provided further that for the purposes of delimitation of wards in terms
of section 8(2) of this Act, no area referred to in paragraph (a) shall
include any area for which a local government body referred to in
paragraphs (a), (b) and (c) of the definition of local government body
has been established.
SCHEDULE 4
Principles referred to in section 9(4)
1. Any natural person who is-
(a) eligible to vote in terms of section 6 of the Constitution of the
Republic of South Africa, 1993; and
(b) ordinarily resident within the area of jurisdiction of a local
government, or under law liable for the payment of assessment rates,
rent, service charges or levies to the local government concerned, shall
be entitled to be included in the voters' roll of that local government
and shall thereupon be entitled to vote in an election for members of
the council of such local government: Provided that any person shall be
entitled to exercise only one vote for any local government.
2. Voters' rolls shall be prepared by the local government concerned and
divided according to wards delimited as contemplated in section 8(2) of
this Act.
3. A voters' roll shall lie for inspection, but the onus to be enrolled as a
voter shall rest on the voter concerned.
4. Only a competent court shall be entitled to make alterations to an approved
voters' roll, which shall be updated at regular prescribed intervals.
5. Identification for voting purposes shall be by production of a voter's
eligibility document as defined in section 1 of the Electoral Act, 1993.
6. Any person who is entitled to be included in the appropriate voters' roll
as contemplated in paragraph 1, shall be entitled to be nominated and
elected as a member of the council of the local government unless
(a) he or she is an elected member of the National Assembly or the Senate;
(b) he or she is disqualified to be elected as a member of the National
Assembly in terms of the Constitution of the Republic of South Africa,
1993;
(c) he or she is disqualified to be elected by any competent
court;
(d) at 15:00 on the day immediately preceding nomination day, he
or she is indebted to the local government concerned in respect of any
assessment rates, rent, service charges or any other monies for a period
longer than three months; or
(e) he or she is an employee of the local government concerned or any other
local government:
Provided that the Administrator may exempt any such person if the
Administrator is satisfied that such exemption is in the public interest
and proof of such exemptiOn accompanies the nomination.
7. Sixty per cent of the members of a transitional local council or a
transitional metropolitan substructure shall be elected on the basis that
each such member shall represent a ward of such transitional local council
or transitional metropolitan substructure and forty per cent of the members
shall be elected according to a system of proportional representation.
8. Forty per cent of the members of a transitional metropolitan council shall
be elected according to the system of proportional representation
contemplated in paragraph 7, and sixty per cent of the members shall be
nominated by the transitional metropolitan substructures from among their
members on a pro rata basis according to the number of registered voters in
the areas of jurisdiction of such transitional metropolitan substructures:
Provided that each such transitional metropolitan substructure shall be
entitled to at least one representative.
SCHEDULE 5
Criteria referred to in section 11(2)
1. The chairperson of the Board shall be a person with extensive experience in
law or matters relating to local government.
2. The other members of the Board shall jointly have knowledge of-
(a) rural, town and regional planning;
(b) development economics, including development needs of local
communities;
(c) municipal finance;
(d) municipal services and administration; and
(e) other disciplines and skills as may be necessary.
3. The membership of the Board shall be structured in such a manner as to be
balanced, representative, non-racial and gender inclusive.
SCHEDULE 6
Criteria referred to in section 11(6)(b)
1. Topographical and physical characteristics of the area concerned.
2. Population distribution within the area concerned.
3. Existing demarcation of areas pertaining to local government affairs and
services, including existing areas of local government bodies and areas
existing before 1971 as areas of such local government bodies (if any) as
well as areas of regional services councils and joint services boards.
4. Existing and potential land usage, town and transport planning,
including industrial, business, commercial and residential usage and
planning.
5. Economy, functionality, efficiency and financial viability with regard to
the administration and rendering of services within the area concerned.
6. Development potential in relation to the availability of sufficient land
for a reasonably foreseeable period to meet the spatial needs of the
existing and potential residents of the proposed area for their
residential, business, recreational and amenity use.
7. Interdependence of and community of interest between residents in respect
of residency, work, commuting and recreation.
8. The integrated urban economy as dictated by commercial, industrial and
residential linkages.
SCHEDULE 7
Code of Conduct for Councillors referred to in section 16(7)
Attendance of meetings
1. A councillor shall attend each meeting of the council of which he or she is
a member or of any committee of such council to which he or she is
appointed or elected, except where leave of absence has been granted to him
or her in terms of the applicable law.
Misleading or influencing council, and certain other acts prohibited
2. No councillor shall-
(a) mislead or attempt to mislead the council of which he or she is a member
in its consideration of and decision on any matter serving before it;
(b) influence or attempt to influence the council of which he or she is a
member in its consideration of and decision on any matter serving before
it so as to gain some direct or indirect benefit, whether in money or
otherwise, for himself or herself or any other person to whom he or she
is related or any other person or body with whom or which he or she is
associated;
(c) directly or indirectly encourage, advocate, incite or participate in the
taking of any unlawful decision by the council of which he or she is a
member; or
(d) directly or indirectly encourage, advocate, incite or participate in any
debate, consultation, meeting or decision with any other person or body
the aim or effect of which would be the abrogation by the council of
which he or she is a member, of any right in its favour or the breach by
such council of any agreement or the breach by any other person or body
of any agreement with such council or any other breach or loss of any
right or the neglect of any Obligation to the extent that the local
authority concerned suffers loss or is in any way prejudiced or
improperly or unlawfully burdened with any obligation-
Pressure on employees prohibited
3. No councillor shall, directly or indirectly-
(a) coerce or put any pressure on any employee of the council of which he or
she is a member to insert in or to omit from any document prepared by
such employee, any fact, view or information, or to frame a
recommendation in any such document in a particular manner; or
(b) instruct or order any employee of the council of which he or she is a
member not to implement any decision of that council or any decision of
any committee of that council or to implement any such decision contrary
to the intent and purpose thereof-
Unauthorized disclosure of information prohibited
4. No councillor shall, by himself or herself or through the agency of any
other person, disclose to any unauthorized person or body or the
representative of such person or body, any privileged or confidential
information.
Solicitation for reward, and acceptance of gifts and favours prohibited
5. No councillor shall, directly or indirectly-
(a) request, solicit or demand from any person or body any direct or
indirect reward or favour; or
(b) accept any gift, reward or favour, whether in money or otherwise, as a
consideration for voting in a particular manner on any matter before the
council of which he or she is a member, or from refraining from voting
on any matter, or for the purpose of persuading or convincing such
council in regard to the exercise or performance of any power or duty
that such council is required to exercise or perform, or for the
disclosure of any privileged or confidential information to any
unauthorized person or body or the representative of such person or
body.
Intervention in administration of council prohibited
6. No councillor shall-
(a) intervene directly or through the agency of any other person in the
management or administration of any department, branch, section or
division of the council of which he or she is a member;
(b) directly or through the agency of any other person, issue or attempt to
issue an executive order to any employee of the council of which he or
she is a member; or
(c) directly or indirectly encourage, advocate, incite or participate in any
debate, decision or act the result of which would be to cause or
contribute to maladministration within the council of which he or she is
a member or in any department, branch, section or division of such
council.
Appropriation or misuse of council property prohibited
7. (1) No councillor shall-
(a) appropriate for his or her personal use or benefit or for the use or
benefit of any other person to whom he or she is related or any
other person or body with whom or which he or she is associated, any
movable or immovable property or asset owned, controlled or managed
by the council of which he or she is a member- or
(b) unlawfully or improperly acquire any benefit from or right, title or
interest to, in, or over such property or asset.
(2) No councillor shall use-
(a) municipal office facilities; or
(b) municipal equipment, including telephones or motor vehicles, for his
or her personal use or for the conducting of his or her business
affairs outside his or her authorized functions as a councillor.
Duties of councillor
8. Whenever any member of any council becomes aware of any contravention of or
failure to comply with any provision of this Code of Conduct, or whenever
any allegation or statement is made to him or her in writing, to the effect
that any member of the council of which he or she is a member has allegedly
contravened or failed to comply with any provision of this Code of Conduct,
he or she shall forthwith inform the town clerk thereof in writing, setting
out the particulars of any facts of which he or she is aware or the
particulars of any statements or allegations made to him or her.
Duties of town clerk
9. (1) Whenever the town clerk of any council becomes aware of any
contravention of or failure to comply with any provision of this Code
of Conduct, or whenever any allegation or statement is made to him or
her in writing, to the effect that any member of the council has
allegedly contravened or failed to comply with any provision of this
Code of Conduct, he or she shall
(a) investigate the facts and circumstances;
(b) obtain the written comments of the councillor concerned; and
(c) if he or she is satisfied that prima facie a contravention of or
failure to comply with any provision of this Code of Conduct has
occurred, he or she shall submit a report thereon to the council:
Provided that if the councillor concerned does not furnish the town clerk
with his or her written comments as contemplated in item (b), within
a reasonable time after being requested to do so, the town clerk
shall proceed to submit a report to the council as contemplated in
item (c).
(2) The town clerk of every council shall ensure-
(a) that each member of the council shall upon being elected as a member
be furnished with a copy of this Code of Conduct and every amendment
thereof; and
(b) that a copy of this Code of Conduct is available in every room or
place where the council concerned or any committee of such
council meets.$