Constitution of the Republic of South Africa Second Amendment Act

30 October 1998 It is hereby notified that the President has assented to the following Act which is hereby published for general infor- mation:— No. 87 of 1998: Constitution of the Republic of South Africa Second Amendment Act, 1998. ~ No. 19411 Act No. 87, 1998 GOVERNMENT GAZEITE. 30 OCTOBER 1998 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA SECOND AMENDMENT ACT, 1998 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the Pre~ident.) (Assen~ed1020 October 1998.) ACT To amend the Constitution of the Republic of South Africa, 1996, so as to provide that, where a municipal boundary is determined across a provincial boundary, national legislation must make provision for establishing a municipality of a type agreed to by the provincial governments concerned and for the exercising of executive authority over that municipality; and to provide for matters connected therewith. ----- . B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:— s.. , ., ..- . . . . . . . . . . . . . i,, -.--,,.. ,- . .. . ,. - “;-;:-’- Ame&im”& of section 155 of Act 108 of 1996

1. Section 155 of the Constitution of the Republic of South Africa. 1996 (hereinafter referred to as the principal Act), is hereby amended by the insertion after subsection (6) 5 of the following subsection: “(6A) If the criteria envisaged in subsection (3)(b) cannot be fulfilled without a , ..,.;..-. - .. ---- _.. -. _.,- - municipal boundary extending across a provincial boundary— (a) ‘that municipal boundary may be determined across the provincial boundary, ,.. .. r..:. but only— (i) with the concurrence of the provinces concerned; and (ii) after the respective provincial executives have been authorised by national legislation to establish a municipality within that municipal area: and (b) national lerzislation mav— L. . (i) (ii) (iii) subject to subsection (5), provide for the establishment in that municipal area of a municipality of a type agreed to between the provinces concerned; provide a framework for the exercise of provincial executive authority in that municipal area and with regard to that municipality; and provide for the re-deterrnination of municipal boundaries where one of ~he provinces concerned withdraws its support of a municipal boundary { determined in terms of paragraph (a).”. 10 15 20 Amendment of section 157 of Act 108 of 1996

2. Section 157 of the principal Act is hereby amended by the substitution for 25 subsection (4) of the following subsection: GOVERNMENT GAZETTE, 30 OCTOBER 1998 CONSTtTIJTION OF THE REPUBLIC OF SOUTH AFRICA SECOND AMENDMENT ACT, 1998 No. 19411 3 Act No. 87, 1998 “(4)(a) If the electoral system includes ward representation. the delimitation of wards =ust be done by an independent authority appointed in terms of, and operating according to, procedures and criteria prescribed by national legislation. (b) Where a municipal boundary has been determined in terms of section 155(6A), a ward delimited within that municipal bound ary may not extend across 5 the provincial boundary concerned.”. Short title

3. This Act is called the Constitution of the Republic of South Africa Second Amendment Act, 1998.