Local Government Transition Act Second Amendment Act

9A. In this Part, unless the context indicates otherwise- 35 40 45 traditional leaders; 'district council' means a services council, sub-regional council, regional council or district council referred to in section 10(3)(i); 'interest group' means- ( a) farmers, landowners or levy payers; (b) · farm labourers; (c) women; and (d) 'remaining area' means any area which is situate within that part of the area of a district council which does not form part of the area of jurisdiction or area of a transitional local council, a transitional representative council or a transitional rural council; 'transitional representative council' means a transitional representative 55 council referred to in section 9B(4)(a); 'transitional rural council' means a transitional council for a rural area of local government referred to in section 10(3)(iA). 50 · 14 No. 16787 Act No. 89, 1995 GOVERNMENT GAZETIE, 20 OCTOBER 1995 LOCAL GOVERNMENT TRANSffiON ACT SECOND AMENDMENT ACT, 1995 Powers of Administrator relating to rural local government

98. I The Administrator rna make such arran ements relatin to the establishment of district councils, transitional representative councils and transitional rural councils as are necessary or expedient for the effective carrying out or furtherance of the provisions and objects of this Part, 5 including- (a) the delimitation of the area of a transitional representative council after due consideration of the advice and written recommendations of the Board; and . (b) . the determination of the number of members of a district council or a I 0 transitional representative council. (2) Without derogating from the generality of the power conferred by subsection (I), but subject to the provisions of this Part, the arrangements contemplated in that subsection. may indude the exercise of the powers conferred upon the Adntinistrator by sections 9 and 10. · 15 (3) Without derogating from the generality of the power conferred by section 9, a proclamation contemplated in that section may, in respect of rural local government, provide for- (a) the qualifications for election or nontination as members of a district council or a transitional representative council,' their election or 20 nomination and periods of office, the vacating of their offices, and the filling of casual vacancies in such council; and the election of a chairperson, a vice-chairperson or an acting chairperson of a district council or a transitional representative council. 25 · · · (b) ( 4) Without derogating from the generality of the power conferred by section 10, a proclamation contemplated in that section may, in respect of rural local government, provide for- (a) the establishment of, and the delimitation of the area of, a transitional representative council, and the convening of and procedure and 30 quorum at meetings thereof; · (b) . the payment of transport and subsistence allowances to members of a (c) transitional representative council;' and the dissolution of any transitional rural council or the conversion of any such council into a transitional representative council. · 35 Transitional representative councils

9C. I A transitional re resentative council shall consist of- (a) members elected in accordance with a system of proportional (b) representation; and if the Administrator considers it desirable, members nontinated by 40 interest groups recognized by the Administrator. (2) At least one member shall be nontinated by each interest group by virtue of subsection (l)(b): Provided that...:.. · (a) no single interest group shall nominate a number of members which (b) exceeds I 0 per cent of the total number of members to be elected and 45 · nominated in respect of the relevant transitional representative council; the total number of members nontinated by interest groups shall not exceed 20 per cent of the total number of members to be elected and nominated in respect of the relevant transitional representative 50 council. (3) A transitional representative council shall be vested and charged with the following powers and duties, namely_:_ (a) subject to the provisions of section 9D(l)(b)(i), to elect from among its members a person or persons to represent the council on the district 55 council in question; to secure, through the said persori or persons, the best services possible for the inhabitants of its area; to serve as the representative body of its area_:_ (b) (c) 16 No. 16787 Act No. 89, 1995 GOVERNMENT GAZEITE, 20 OCfOBER 1995 LOCAL GOVERNMENT TRANSffiON ACf SECOND AMENDMENT ACT, 1995 (i) . in respect of any benefits resulting from the reconstruction and (ii) development programme; and in the development of a democratic, effective and affordable system of local government; and (d) in-general, to represent the inhabitants of its area in respect of any matter relating to rural local government. 5 Framework for rural local government

9D. I The followin government, namely ( a) provision shall be made for the division of the whole area of each 10 province into areas of jurisdiction of transitional metropolitan -councils, if any, and areas of district councils; · (b) a district council shall consist of- (i) members elected as prescribed by regulation under section 12 by · (ii) transitional local councils, transitional representative councils or 15 transitional rural councils, the areas of jurisdiction or areas of which are situate within the area of such district council; and in the case where there is a remaining area, members elected or elected and nominated from such area in accordance with a ratio based on the inhabitant numbers of the area of such district 20 council in relation to such numbers of the remaining area; the provisions of paragraph (b)(ii) shall cease to apply in respect of any remaining area with effect from the date upon which such area is included within the area of jurisdiction of a local government established by or under legislation contemplated in section 245(2) of 25 the Constitution, or the date upon which a period of six months has elapsed from the polling day or polling period for elections in terms of this Act, whichever is the later date; (c) (d) district councils, transitional local councils, transitional representative councils and transitional rural councils shall be utilized with a view to 30 developing a democratic, effective and affordable system of local government. (2) The members referred to in subsection (l)(b)(ii) shall- ( a) be elected in accordance with a system of proportional representation; (b) and if the Administrator considers it desirable, be nominated by interest groups recognized by the Administrator .. 35 (3) At least one member shall be nominated by each interest group by virtue of subsection (2)(bJ: Provided that- ( a) no single interest group shall nominate a number of members which 40 exceeds 10 per cent of the total number of members to be elected and nominated in respect of the relevant remaining area; the total number of members nominated by interest groups shall not exceed 20 per cent of the total number of members to be elected and nominated in respect of the relevant remaining area. (b) 45 (4) In the delimitation of the area of any transitional representative council and the area of jurisdiction of any transitional rural council, · preference shall be given to a delimitation which has the effect that the said area or area of jurisdiction is situate within the boundaries of a magisterial district. 50 Construction of this Part

9E. The provisions of this Part shall apply in addition to, and not in substitution for, the other provisions of this Act.". · (2) Subsection (1) shall be deemed to have come into operation on 30 June 1995. 18 No. 16787 Act No. 89, 1995 GOVERNMENT GAZETIE, 20 OCfOBER 1995 LOCAL GOVERNMENT TRANSffiON ACf SECOND AMENDMENT ACT, 1995 Amendment of section 10 of Act 209 of 1993 • 10. (1) Section 10 of the principal Act is hereby amended- ( a) by the substitution for paragraphs (b) and (c) of subsection (I) of the following paragraphs, respectively: '.'(b) provide in any such enactment for the amendment or repeal of [any]! 5 law in force in or in a part of that province, including [any] an Act of Parliament or [the legislative assembly of any Self-governing Terri tory] any provision of such a law, in so far as it relates to any such matter and applies in [the] or in such part of that province; and (c) provide jn any such enactment that any law, including any Act of 10 Parliament, or [the legislative assembly of a Self-governing Territory]. any provision of such a 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 15 in section 16, or to any category of such local government bodies, transitional councils or transitional metropolitan substructures, in that province or a part thereof,"; - - (b) by the substitution. for paragraph (i) of subsection (3) of the following .. paragraph: ."(i) 20 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, regional council or district council to jointly exercise the powers and perform the duties in relation to certain 25 local government functions for a non-metropolitan 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 30 Board, and the constitution, functioning, powers, duties, assets, rights, employees and financing of such body: Provided that such services council, sub-regional council, 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 35 12(1)(aJ ofthe Regional Services Councils Act,. 1985, or section 16(1)(aJ 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 40 and claimed;"; · · (c) by the insertion after paragraph (i) 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 45 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;"; 50 and (d) by the addition to subsection (3) of the following paragraph: "(k) · the establishment of a body at the reguest of any local government body, transitional council or transitional metropolitan substructure to assist any such local government body, transitional council or 55 '1 • • 20 No. 16787 Act No. 89, 1995 GOVERNMENT GAZETI'E, 20 OCTOBER 1995 LOCAL GOVERNMENT TRANSITION ACT SECOND AMENDMENT ACT, 1995 transitional metropolitan substructure which may be affected by the provisions of any proclamation made under subsection {1) to manage the implementation of the provisions of such proclamation, including the constitution, functioning, powers, duties, employees and financing of such body: Provided that the functioning, powers and duties of such body shall in no way derogate from the autonomy and powers of a local government body, transitional council or transitional metropolitan substructure under the applicable laws, including this Act.": 5 {2) (a) Paragraph (a) of subsection {I) shall be deemed to have come into operation 10 on 15 July 1994. (b) Paragraphs (c) and (d) of subsection {I) shall be deemed to have come into operation on 30 November 1994. · · Insertion of section lOA in Act 209 of 1993 11. {1) The following section is hereby inserted in the principal Act after section 10: 15 . ''Exercise or performance of provincial powers and duties outside province. · lOA. I The Administrator of a rovince rna , with the a roval of the President and after agreement or arrangement with the Administrator of any other province, and after consultation with any negotiating forum or local· 20 government body which may be affected, in accordance with such agreement or arrangement exercise any power or perform any duty conferred or imposed on him or her by this Act, in the other province which he or she may exercise or perform in respect of the area of jurisdiction of the province for which he or she is appointed, and for the purpose of the 25 exercise or performance of such power or duty and for the purposes of the provisions of this Act, such other province shall be deemed to constitute part of the province for which he or she is appointed. {2) A Board established for a province as contemplated in section 11{1) may, with the consent of the Administrator appointed for that province, 30 granted with the approval of the President, perform any function referred to in section 11(6) in any other province in terms of an agreement or arrangement between the Administrator of that province and the Adminis trator of such other province, and for the purpose of the performance of that function such other province shall be deemed to constitute part of that 35 province.". (2) Subsection (I) shall be deemed to have come into operation on 30 November 1994. Amendment of section 11 of Act 209 of 1993 12. {I) Section 11 of the principal Act is hereby amended by the substitution for 40 paragraph (b) of subsection (6) of the following paragraph: "(b) When the Board makes recommendations to the Administrator as contemplated in paragraph (a), it shall do s<r- .ill within a reasonable time after having been requested to do so; or (ii) within a reasonable period determined by the Administrator, and shall take into account the criteria listed in Schedule 6: Provided that if the Board fails to furnish the Administrator with its written recommendations within · the period referred to in subparagraph (ii) the Administrator may, notwithstanding anything to the contrary contained in this Act, exercise any power or perform any duty conferred or imposed upon him or her by this Act without considering the 50 advice and written recommendations of the Board.". 45 (2) Subsection (I) shall be deemed to have come into operation on 30 November 1994. . 22 No. 16787 Act No. 89, 1995 GOVERNMENT GAZETIE. 20 OcrOBER 1995 LOCAL GOVERNMENT TRANSffiON Acr SECOND AMENDMENT ACT, 1995 Amendment of section 13 of Act 209 of 1993 . 13. (1) Section 13 of th~ principal Act is .hereby amended bytb~ addition to paragraph (b) of subsection (6) of the following proviso: . . · "Provided that an dele ation of a' former administrator which was in force in respect of such an area immediately before the commencement of this Act shall, 5 subject to the provisions of this Act, continue' in force for the purpose of the continued administration of such an area, until such delegation is revoked or otherwise is no longer in force in law.". ' · . , (2) Subsectiol! (1) shall be deemed to have come. into operation on 2 February 1994. Amendment of section 16 of Act 209 of 1993 10 14. (I) Section 16 of the principal Act is hereby amended by the insertion after subsection (3) of the following subsection: " 3A Notwitbstandin the . rovisions of section 10 3 C ; the conclusion or · : · · amendment of any contract, the appointment or promotion of any person, or the award of a term or condition of service or other benefit, which occurred since the 15 date of commencement of this Act in respect of any person employed by any local government body, may, within six months of 30 November 1994, be reviewed by a commission appointed by the Administrator and presided over by a judge, and if not proper or justifiable in the circumstances of the case, the commission may reverse or alter the contract, appointment, promotion or award.". 20 · (2) Subsection (1) shall be deemed to have come into operation on 30 November 1994. ' Substitution of section 16A of Act 209 of 1993 · · 15. (1) The following section is hereby substituted for section 16A of the principal Act: · 25 "Validation of certain proclamations

16A. I A roclamation issued under section 10 1 and ublished before 30 June 1995, shall not be invalid merely because- (a) · · (b) (c) (d) · 30 it was not issued or published within a period or before a date specified ·in' section 7 or 7 A; in the circumstances contemplated in subsection (2)(a) of section 7, a matter bad not been referred to an arbitration committee before or on

21 December 1994 as required by the said subsection; in any case where a matter bad been referred to an arbitration committee for its consideration and decision in terms of subsection 35 (2)(b) of section 7, that commitiee bad not notified the Administrator of its decision before or on 12 January 1995as required by the said subsection; the provisions of subsection (2)( a) of section 7 requinng the referral of a matter to an arbitration committee for decision in accordance with 40 subsection (2)(b) of that section, or any requirement of the said subsection (2)(b) in so far as it relates to arbitration, was for any reason not complied with by the Administrator prior to making a determina- tion and exercising the powers conferred upon him or her by section 1 0(1) as contemplated in the said subsection; or. 45 . . , (e) any specific provision of any agreement contemplated in section 7(1) was not incorporated in such proclamation. (2) The institution of any action in a court of law relating to the validity of a proclamation contemplated in subsection (1) shall not delay or suspend the implementation or operation of such proclamation.". 50 (2) Subsection (1) shall be deemed to have come into operation on 23 November 1994. . Amendment of Schedule 1 to Act 209 of 1993 16. (I) Schedule 1 to the principal Act is hereby amended by the substitution for subparagraph (3) of paragraph 5 of the following subparagraph: 55 24 No. !6787 Act No. 89, 1995 GOVERNMENTGAZE~200CTOBER!~5 LOCAL GOVERNMENT TRANSITION ACT SECOND . AMENDMENT ACT, !995 "{3) Any person who is eligible to vote in terms of section 6 of the Constitution, read with section 15 of the Electoral Act, 1993 (Act No. 202 of 1993), and who is ordinarily resident within the area of jurisdiction of one of the participating local government bodies, or under law liable for the payment of assessment rates, rent, service charges or levies to one of the participating local government bodies, may be 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] unless- a he or she is a member of the National Assembl , the Senate or a rovincial legislature; · · 5 I 0 (b) he or she is disqualified to be elected as a member of the National Assembly in terms of the Constitution; or (c) he or she is an employee of one of the participating local government bodies or any other local government body: Provided that the Administrator may exempt any such person if the Administrator is satisfied that such exemption 15 is in the public interest and proof of such exemption accompanies the nomination: · · Provided that no person shall be nominated as a member of more than one transitional council or metropolitan substructure.". (2) Subsection {I) shall be deemed to have come into operation on 2 February 1994: 20 Provided that this subsection shall not affect the validity of any agreement reached by a forum in terms of the principal Act or the validity of any proclamation issued by an Administrator in terms of section 10(1) of the principal Act, reached or issued before

30 November 1994 in respect of the members of a transitional local council or transitional metropolitan council and transitional metropolitan substructure. 25 Amendment of Schedule 4 to Act 209 of 1993 17. (I) Schedule 4 to the principal Act is hereby amended- ( a) by the substitution for paragraph I of the following paragraph: "1. Any natural person who is- ( a) [eligible to vote in terms of section 6 of the Constitution of the 30 Republic of South Africa, 1993, read with section 16 of the Electoral Act 1993 (Act No. 202 of 1993); and] of or over the age of 18 years; . i a South African citizen· or {ii) permanently resident in the Republic and who is in possession 35 of an identity document contemplated in paragraph 5; (c) not subject to any disqualification mentioned in section 16 of the Electoral Act, 1993 (Act No. 202 of 1993); and [(b)]@ ordinarily resident within the area of jurisdiction of a local government, or under law liable for the payment of assessment 40 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 45 entitled to exercise only one vote for any local government: Provided further that the exercise of a vote as contemplated in this paragraph may entail the marking of two or three ballot papers representing the proportional and ward components of a vote referred to in paragraphs 7 and 8."; 50 . (b) by the substitution for paragraph 5 of the following paragraph: "5. Identification for voting purposes shall be by production of a voter's eligibility docunient [as defined] referred to in paragraphs (a), (c) and (d) of the definition of 'voter's eligibility document' in section I of the Electoral Act, 1993."; . 55 (c) by the substitution for subparagraph. (a) of paragraph 6 of the following subparagraph: · "(a) he or she is [an elected] a member of the National Assembly, [or] the Senate or a provincial legislature;"; 26 No. 16787 Act No. 89, 1995 GOVERNMENT GAZETIE, 20 OCTOBER 1995 LOCAL GOVERNMENT TRANSITION ACf SECOND AMENDMENT ACT, 1995 (d) _ by the insertion after paragraph 6 of the following paragraph: . "6A. Sub'ect to the rovisions of ara ra h 8, no erson nominated for election as a member of a transitional council or a metropolitan substructure shall be nominated for election as a member of any other transitional council or metropolitan substructure."; and · (e) by the substitution for paragraph 8 of the following paragraph: 5 "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] elected as prescribed by regulation under 10 section 12 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 sub- structure shall be entitled to at least one representative.". (2) (a) Paragraph (a) of subsection (I) shall be deemed to have come into operation 15 on 1 January 1995 .. (b) Paragraphs (b), (c) and (d) of subsection (I) shall be deemed to have come into operation on 30 November 1994. Substitution of long title of Act 209 of 1993 · 20 18. (I) The following long title is hereby substituted for the long title of the principal Act:· "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 25 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 30 jurisdiction and the election of transitional councils in the interim phase; for the establishment of transitional rural local government structures; 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.". (2) Subsection (I) shall be deemed to have come into operation on 30 June 1995. 35 Repeal of laws, and saving · .. 19. ( 1} Subject to subsection (2), the laws mentioned in the second column of the Schedule are hereby repealed. (2) Anything purporting to have been done under or in terms of a law repealed by 40 subsection (1), shall be deemed to have been done under the corresponding provision of the principal Act as amended by this Act. Short title ·

20. This Act shall be called the Local Government Transition Act Second Amendment Act, 1995. 45 28 No. 16787 Act No. 89, 1995 · GOVERNMENT GAZETTE, 20 OCTOBER 1995 LOCAL GOVERNMENT lRANSffiON ACf SECOND . AMENDMENT ACf, 1995 SCHEDULE Laws repealed Number and year of law Proclamation No. R. 129, 1994 Act No. 34 of 1994 Proclamation No. R. 174, 1994 Proclamation No. R. 35, 1995 Proclamation No. R. 54, 1995 Proclamation No. R. 58, 1995 Proclamation No. R. 59, 1995 Proclamation No. R. 65, 1995 Title Assignment of the Local Government Transition Act, 1993, to the Provinces under section 235(8) of the Constitution of the Republic of South Africa, 1993 Local Government Transition Act Amendment Act, 1994 The Local Government Transition Act Amendment Proclamation, 1994 The Local Government Transition Act Amendment Proclamation, 1995 The Local Government Transition Act Second Amendment Proclamation, 1995 The Local Government Transition Act Third Amendment Proclamation, 1995 The Local Government Transition Act, Fourth Amendment Proclamation, 1995 ' The Local Government Transition Act Fifth Amend· ment Proclamation, 1995