Local Government Transition Act Amendment Act

1. Section 9 of the Local Government Transition Act, 1993 (hereinafter referred to as 5 the principal Act), is hereby amended_::_ · (a). by the substitution for the words preceding paragraph (a) of subsection(lAJ · · .. of the following words: · - "If an election is not held before [31 March 1996]31 August 1996, or if the Minister at any time has reason to believe that an election will not be 10 held before [31 March 1996] 31 August 1996 in respect of-" ; and (b) -~' ~ ·· ·· '· ' by the substitution for 'paragraph (c) of subsection ·(!B) of the following .. :;·,· paragraph: : :. ' , .. _ .. · -· "(cJAnytninsitioriat council or transitional metropolitan substructure or other such body for the pre-interim phase for which no election has 15 been held before · or ·on [31 March 1996] [shall dissolve on that day] . ,

31 August 1996 may be dissolved by the Minister by notice in the Provincial Gazette on a day specified therein, and the duties, powers and functions of such council, substructure or body shall from that day and ·· 4 No. 17071 GOVERNMENT GAZETTE, 29 MARCH 19% Act No. 12, 1996 , ' LOCAL GOVERNMENT TRANSmON ACT AMENDMENT ACT, 1996 until an election is held be exercised and performed by the chief executive officer concerned, or by a person appointed by the Minister as , ', administrator of such council, 'substrn,cture or body.". Amendment of section 10 of Act 209 of 1993, as amended by section 5 of Act 61 of 1995 and section 10 of Act 89 of 1995 , · ,. 5 2. (1) Section 10 of the principal Act is hereby amended by the substitution for paragraph (iA) of subsection (3) of the following paragraph: • "(iA) the establishment of a transitional council for a rural area of local, government not falling within the area of jurisdiction of a transitional metropolitan council or a transitional local council, including the delimitation of the area of jurisdiction of such council after due consideration of the advice and written recommendations of the Board, and the constitution, election, functioning, powers, duties, assets, rights, employees and financing of such council, all the members of which shall be elected in accordance with a system of proportional representation or of ward representation or of both propor- 15 tiona) representation and ward representation;". I 0 (2) Subsection (I) shall be d7emed to have come into operation on3() Nov~mber 1994. Amendment of section 16 of Act 209 of 1993, as 'amended by section 6 of Act 61 or. ' , 1995 and section 14 of Act 89 of1995 · ' , , · , , ,' ', ',' . 3. Sectio~ 16 of the principal Act is hereby amended by the s~bstitutiori forihe words: 20 preceding the proviso to subsection (6) of the following words: , ; ,, , . "Notwithsiruiding. anything to the contrary. in any Jaw cmitained,. a transitional, council. or' transitional metropolitan substructure referred to in; subsection (1) [shall] may elect an executive committee according to a system, of proportional representation from among its .members. [an executive, 25 committee] to exercise such powers and perform such duties as such transitional council or transitional metropolitan substructure may detenillne". Amendment of Schedule 4 to Act 209 of 1993, as amended by section 17 of Act 89 of 1995 - ' :-

4. Schedule 4 to the principal Act is hereby amended- 30 ( a) by the substitution for subparagraph (d) of paragraph 1 and the words following that subparagraph and preceding the proviso of the following subparagraph and words: "(d) ordinarily resident within the area of jurisdiction of a local government, · · or under Jaw liable for the -payment of assessment rates, rent, service 35 charges or levies to the local government concerned, or to a local , government, the area of jurisdiction of which falls wholly or partly, · · within the area of jurisdiction of the local government for which an election is to be held, , shall be entitled to be included in ,the voters' roll of [that] the, local 40 · government for which im election is to be held and shall thereupon be entitled. to vote in an election for members of the council of such local government"; ~- ' ' ' ' , , , ' ' ' ' ' ' . , (b), by the substitution for subparagraph (d) of paragraph 6 of the following ' ' , . :· , ·, · subparagraph: '' , "(d) at 15:00 on the day immediatdypreceding nomination day, he or she is ' indebted to the iocal government concerned or a local government, the area of jurisdiction of which falls wholly or partly within the area of jurisdiction of the local government for which an election is to be held, · · · · , · 45 .. ' Short' title , , in respect of any assessment rates, rent, service charges or any other 50 ·monies for a period longer than· tltree months; or"~ ' •• . ~ i : ' ' _.· i !. ; ' ' .. ' ,, '.• .,•: ,, 5. This Act shalf be called the Local Government Transition Act ~endment Act, 1996:' ' ,., ',,, " i ' ' ' - ' . '; ' . , i >;'I 5 < ·-:,•