Local Government Laws Amendment Act
This section amends the Act by inserting a definition of a municipality’s financial year.
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- South Africa
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- Act 19 of 2008
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About this statute
This section amends the Act by inserting a definition of a municipality’s financial year. The Board must tell the Minister of Finance about boundary determinations at least six months before the relevant municipal financial year starts, and the Minister of Finance may shorten or change that period in exceptional cases. This provision amends section 1 to add a definition of “municipal financial year.” The MEC for local government in a province may dissolve a municipal council, but only when the stated notice and section 139-related conditions are met. If a municipal council is dissolved or cannot form a quorum, the provincial MEC for local government must appoint one or more administrators.
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Provisions of Local Government Laws Amendment Act
Showing 37 of 37
Part
CHAPTER 1
- 1 Verify source ↗
Section 1 of the Local Government: Municipal Demarcation Act, 1998 (in this
AI-assisted research summary: This section amends the Act by inserting a definition of a municipality’s financial year.
1. Section 1 of the Local Government: Municipal Demarcation Act, 1998 (in this Chapter referred to as the Demarcation Act), is hereby amended by the insertion after the definition of "Minister" of the following definition: " 'municipal commencing on 1 July each year and ending on 30 June of the following year;". the financial year of a municipality 10 financial year' means Amendment of section 23 of Act 27 of 1998, as amended by section 10 of Act 51 of 2002
Part
Chapter referred to as the Demarcation Act), is hereby amended by the insertion after the
- 2 Verify source ↗
Section 23 of the Demarcation Act is hereby amended by the addition of the
AI-assisted research summary: The Board must tell the Minister of Finance about boundary determinations at least six months before the relevant municipal financial year starts, and the Minister of Finance may shorten or change that period in exceptional cases.
2. Section 23 of the Demarcation Act is hereby amended by the addition of the following subsection: 15 "(4) (a) A determination referred to in subsection (2)(b) takes effect on the the date of commencement date of the municipal financial year following publication of the notice effecting such determination. (b) The Board must, at least six months prior to the commencement of the municipal financial year in which boundary determinations are to take effect, inform the Minister of Finance of such determinations. 20 (c) The Minister of Finance may, in exceptional cases, including those referred to in section 87 of the Municipal Structures Act, 1998 (Act No. 117 of 1998), decide on a different or shorter period than the period referred to in paragraph (a) and (bl". 25 CHAPTER 2 AMENDMENT OF LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT, 1998 Amendment of section 1 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000 30
Part
CHAPTER 2
- 3 Verify source ↗
Section 1 of the Local Government: Municipal Structures Act, 1998 (in this
AI-assisted research summary: This provision amends section 1 to add a definition of “municipal financial year.”
3. Section 1 of the Local Government: Municipal Structures Act, 1998 (in this Chapter referred to as the Structures Act), is hereby amended by the insertion after the definition of "municipal council" of the following definition: " 'municipal commencing on 1 July each year and ending on 30 June of the following year;". financial year of a municipality financial year' means the 35 Amendment of section 34 of Act 117 of 1998
Part
Chapter referred to as the Structures Act), is hereby amended by the insertion after the
- 4 Verify source ↗
Section 34 of the Structures Act is hereby amended—
AI-assisted research summary: The MEC for local government in a province may dissolve a municipal council, but only when the stated notice and section 139-related conditions are met.
4. Section 34 of the Structures Act is hereby amended— (a) by the substitution for subsection (3) of the following subsection: "(3) The MEC for local government in a province, by notice in the Provincial Gazette, may dissolve a municipal council in the province 40 i f l- (a)] the Electoral Commission in terms of section 23(2)(a) of the Demarcation Act is of the view that a boundary determination the affects remaining part of the existing term of municipal councils is more 45 than one year [;or the representation of voters that council, and in (b) an intervention in terms of section 139 of the Constitution has not resulted in the council being able to fulfil its obligations in terms of legislation.]."; and 6 No. 31509 Act No. 19, 2008 GOVERNMENT GAZETTE, 13 OCTOBER 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2008 (b) by the substitution for subsection (4) of the following subsection: "(4) The MEC for local government in a province may dissolve a municipal council in a province in accordance with the provisions of section 139 of the Constitution of the Republic of South Africa, 1996.". Amendment of section 35 of Act 117 of 1998, as amended by section 13 of Act 51 of 2002 5 - 5 Verify source ↗
Section 35 of the Structures Act is hereby amended by the substitution for
AI-assisted research summary: If a municipal council is dissolved or cannot form a quorum, the provincial MEC for local government must appoint one or more administrators.
5. Section 35 of the Structures Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) If a municipal council is dissolved in terms of section [34(3)(b)] section 34(4) or does not have enough members to form a quorum for a meeting, the MEC 10 for local government in the province must appoint one or more administrators to ensure the continued functioning of the municipality until a new municipal council is elected or until the council has sufficient members for a quorum.". Amendment of section 73 of Act 117 of 1998 - 6 Verify source ↗
Section 73 of the Structures Act is hereby amended—
AI-assisted research summary: A metro or local council that establishes ward committees must create one for each ward, and municipalities may fund or arrange payment of ward committee out-of-pocket expenses under the stated framework.
6. Section 73 of the Structures Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1) If a metro or local council [decides to have] establishes ward committees, it must establish a ward committee for each ward in the municipality."; and (b) by the addition of the following subsection: "(5) (a) Out of pocket expenses referred to in paragraph (c) must be paid from the budget of the municipality in question. (b) A metro or local council must develop a policy and determine criteria for and calculation of the out of pocket expenses referred to in paragraph (c) based on a provincial framework determined by the MEC subject to paragraph (e). (c)A metro or local council may make arrangements for the payment of out of pocket expenses to members of ward committees in respect of participation by ward committee members in the activities of the ward committees. (d) A municipal council may allocate funds and resources to enable ward committees to perform their functions, exercise their powers and undertake development in their wards within the framework of the law. including criteria for the calculation of the out of pocket expenses referred to in paragraph (b)." (e) The Minister must determine a national framework 15 20 25 30 35 Amendment of section 74 of Act 117 of 1998 - 7 Verify source ↗
Section 74 of the Structures Act is hereby amended by the substitution for
AI-assisted research summary: The metro or local council may delegate duties and powers to it under section 59 of the Local Government: Municipal Systems Act, 2000.
7. Section 74 of the Structures Act is hereby amended by the substitution for paragraph (b) of the following paragraph: "(b) has such duties and powers as the metro or local council may delegate to it in 40 terms of section [32] 59 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000).". Substitution of section 75 of Act 117 of 1998 - 8 Verify source ↗
The following section is hereby substituted for section 75 of the Structures Act:
AI-assisted research summary: Ward committee members under section 73(2)(b) are elected for a term matching section 24, and the Minister may make regulations for implementing subsection (1).
8. The following section is hereby substituted for section 75 of the Structures Act: "Term of office of members (1) The section 73(2)(b) members of a ward committee are elected for a term [determined by the metro or local council] that corresponds with the term referred to in section 24 of this Act. (2) The Minister may by notice in the Government Gazette prescribe regulations for the implementation of subsection ( l ) . ". 45 50 8 No. 31509 Act No. 19, 2008 GOVERNMENT GAZETTE, 13 OCTOBER 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2008 Amendment of section 84 of Act 117 of 1998, as amended by section 6 of Act 33 of 2000 and section 19 of Act 51 of 2002 - 9 Verify source ↗
Section 84 of the Structures Act is hereby amended by the addition of the following
AI-assisted research summary: The Minister must give the Minister responsible for finance at least six months’ notice before publishing a notice, and the timing rule for authorisations or revocations is adjusted if it must coincide with an affected municipality election.
9. Section 84 of the Structures Act is hereby amended by the addition of the following subsection: "(4) (a) Subject to paragraph (c), any authorisation, amendment of an authorisation or revocation of an authorisation under subsection (3) takes effect on the commencement date of the municipal financial year following the date of publication of the notice effecting such authorisation or amendment or revocation. (b) The Minister must inform the Minister responsible for finance of his or her intention to publish a notice contemplated in paragraph (a) at least six months before the notice is to take effect in terms of that paragraph. (c) Paragraph (a) does not apply if any authorisation, amendment of an authorisation or revocation of an authorisation under subsection (3) is to coincide with an election of the council of an affected municipality.". 5 10 Amendment of section 85 of Act 117 of 1998, as amended by section 7 of Act 33 of 15 2000 - 10 Verify source ↗
Section 85 of the Structures Act is hereby amended by the insertion after
AI-assisted research summary: This provision sets when an adjustment of powers and functions takes effect, requires prior notice to the finance minister, and allows an exception for elections or a shorter period in exceptional cases.
10. Section 85 of the Structures Act is hereby amended by the insertion after subsection (9) of the following subsection: "(9A) (a) Subject to paragraph (c), any adjustment of the division of functions and powers under this section takes effect on the commencement date of the municipal financial year following the date of publication of the notice effecting such adjustment. (b) The MEC or Minister, as the case may be, must inform the national Minister responsible for finance of his or her intention to publish a notice contemplated in paragraph (a) at least four months before the notice is to take effect in terms of that paragraph. (c) Paragraph (a) does not apply if any adjustment of the division of powers and functions under this section is to coincide with an election of the council of an affected municipality. (d) The Minister of Finance may, in exceptional cases, including those referred to in section 87 of Municipal Structures Act, 1998 (Act No 117 of 1998), decide on (b).". a different or shorter period than the period referred to in paragraph (a) and 20 25 30 CHAPTER 3 AMENDMENT OF LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 35 Amendment of section 1 of Act 32 of 2000, as amended by section 35 of Act 51 of 2002 and section 1 of Act 44 of 2003
Part
CHAPTER 3
- 11 Verify source ↗
Section 1 of the Local Government: Municipal Systems Act, 2000 (in this Chapter
AI-assisted research summary: This section amends the definition of “political office bearer” in the Municipal Systems Act.
11. Section 1 of the Local Government: Municipal Systems Act, 2000 (in this Chapter referred to as the Systems Act), is hereby amended by the substitution for the definition of "political office bearer" of the following definition: 40 " 'political office bearer' means the speaker, executive mayor, deputy executive mayor, mayor, deputy mayor or a member of the executive committee as referred to in the Municipal Structures Act;". Amendment of section 57 of Act 32 of 2000, as amended by Act 44 of 2003 - 12 Verify source ↗
Section 57 of the Systems Act is hereby amended by the substitution in subsection 45
AI-assisted research summary: This section amends the Systems Act so the relevant employment term must be fixed and may run for up to five years, ending no later than one year after the next municipal council election.
12. Section 57 of the Systems Act is hereby amended by the substitution in subsection 45 (6) for paragraph (a) of the following paragraph: "fa) be for a fixed term of employment up to a maximum of five years, not exceeding a period ending [two years] one year after the election of the next council of the municipality;". 10 No. 31509 Act No. 19, 2008 GOVERNMENT GAZETTE, 13 OCTOBER 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2008 Amendment of section 60 of Act 32 of 2000 - 13 Verify source ↗
Section 60 of the Systems Act is hereby amended by the substitution for
AI-assisted research summary: The council may delegate investment decision-making power to the municipal manager, but only within the municipality’s investment policy.
13. Section 60 of the Systems Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) The council may only delegate to [an executive committee or executive mayor or chief financial officer decisions to make] the municipal manager the power to make decisions on investments on behalf of the municipality within [a policy framework determined by the Minister of Finance] the municipality's investment policy contemplated in section 13(2) of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003).". Insertion of section 71A in Act 32 of 2000 - 14 Verify source ↗
The following section is hereby inserted in the Systems Act after section 7 1:
AI-assisted research summary: Staff members may stand for certain elections or be nominated as a permanent delegate, but the nominations and candidacies are subject to conduct rules and ministerial limits; a staff member appointed as a permanent delegate must resign by the appointment date.
14. The following section is hereby inserted in the Systems Act after section 7 1: "Participation of staff members in elections 71A. (1) A staff member may be a candidate for election to the National Assembly or a provincial legislature or may be nominated as a permanent delegate to the National Council of Provinces subject to the Code of Conduct for Municipal Staff Members contemplated in Schedule 2, and any other prescribed limits and conditions as may be regulated by the Minister. (2) A staff member who is nominated as a permanent delegate to the National Council of Provinces, must resign not later than the date on which he or she is appointed as a permanent delegate to the National Council of Provinces in the manner contemplated in section 61 (2)(b) of the Constitu tion of the Republic of South Africa, 1996. (3) A staff member may be a candidate for election to a municipal council subject to the Code of Conduct for Municipal Staff Members contemplated in Schedule 2 and any other prescribed limits and conditions as may be regulated by the Minister.". 5 10 15 20 25 Amendment of section 72 of Act 32 of 2000 - 15 Verify source ↗
Section 72 of the Systems Act is hereby amended by the substitution for
AI-assisted research summary: The Minister may make regulations or issue guidelines on municipal personnel administration matters, but only after consulting the municipal bargaining council and the Minister for the Public Service and Administration and subject to applicable labour legislation.
15. Section 72 of the Systems Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) The Minister may, subject to applicable labour legislation and after 30 consultation with the bargaining council established for municipalities and the Minister for the Public Service and Administration, for the purposes of this Chapter[— (a)] make regulations or issue guidelines in accordance with section 120 to regulate or provide for the following matters: the procedure to be followed in appealing against decisions taken in terms of delegated powers and the disposal of such appeals; [(i)][a) 35 [(ii)][b) the suspension of decisions on appeal; [(iii)](c] the setting of uniform standards for— [(aa)](i) municipal staff establishments; [(bb)](\i) municipal staff systems and procedures and the matters that • 40 must be dealt with in such systems and procedures; and [(cc)](iii) any other matter concerning municipal personnel administra tion; [(iv)](c/j capacity building within municipal administrations; [(v)](£i training and development of staff members of municipalities, including in-house training, subject to the requirements of the Skills Development Act, 1998 (Act No. [97] 8J of 1998), [and] the Skills Development Levies Act, 1999 (Act No. [9] 28 of 1999). and the Local Government Municipal Finance Management Act, 2003 (Act No. 56 of 2003); [and any other matter that may facilitate the application of this Chapter; or (vi) 45 50 12 No. 31509 Act No. 19, 2008 GOVERNMENT GAZETTE, 13 OCTOBER 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2008 (b) [(i)(fl [(")](&) the regulation of remuneration and other conditions of service of staff issue guidelines to provide for the following matters:] the establishment of job evaluation systems; members of municipalities, subject to applicable labour legislation; [(iii)](/i] the measuring and evaluation of staff performance; [(iv)](/) the development of remuneration grading and incentive frameworks for 5 staff members of municipalities; (/) notwithstanding section 67(1 )(7i), the Minister may make regulations to provide for a disciplinary code and procedures for municipal managers and managers directly accountable to the municipal managers; corrective steps in the case of substandard performance by staff members of municipalities; and 10 [(vi)](/) any other matter that may facilitate the implementation by a municipality of an efficient and effective system of personnel administration.". Amendment of section 86H of Act 32 of 2000, as inserted by section 18 of Act 44 of 15 2003 - 16 Verify source ↗
Section 86H of the Systems Act is hereby amended by the insertion after
AI-assisted research summary: By-laws made under this section must be consistent with this Act and the Local Government: Municipal Finance Management Act, 2003.
16. Section 86H of the Systems Act is hereby amended by the insertion after subsection (2) of the following subsection: "(3) A by-law made in terms of this section must be consistent with this Act and the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 20 2003).". Amendment of section 102 of Act 32 of 2000 - 17 Verify source ↗
Section 102 of the Systems Act is hereby amended by the addition of the
AI-assisted research summary: A municipality must give a property owner 25 copies of the accounts sent to the occupier if the owner asks for them in writing.
17. Section 102 of the Systems Act is hereby amended by the addition of the following subsection: "(3) A municipality must provide an owner of a property in its jurisdiction with 25 copies of accounts sent to the occupier of the property for municipal services supplied to such a property if the owner requests such accounts in writing from the municipality concerned.". Amendment of section 106 of Act 32 of 2000 - 18 Verify source ↗
Section 106 of the Systems Act is hereby amended—
AI-assisted research summary: The Minister may ask the MEC to investigate serious municipal malpractice, and the MEC must report back within set time limits and send copies to specified authorities.
18. Section 106 of the Systems Act is hereby amended— 30 (a) by the substitution in the Afrikaans text in subsection (1) for paragraph (a) of the following paragraph: "(a) deur middel van skriftelike kennisgewing aan die munisipaliteit, die munisipale raad of munisipale bestuurder versoek om die LUR te voorsien van inligting wat in die kennisgewing verlang word; [en] 35 of"; (b) by the substitution for subsection (3) of the following subsection: "(3) (a} An MEC issuing a notice in terms of subsection (l)(a) or designating a person to conduct an investigation in terms of subsection (\)(b), must within 14 days submit a written statement to the National 40 Council of Provinces motivating the action. (b) A copy of the statement contemplated in paragraph (a) must simultaneously be forwarded to the Minister and to the Minister of Finance."; and (c) by the addition of the following subsection: "(4) (a) The Minister may request the MEC to investigate maladmin- istration, fraud, corruption or any other serious malpractice which, in the opinion of the Minister, has occurred or is occurring in a municipality in the province. (b) The MEC must table a report detailing the outcome of the investigation in the relevant provincial legislature within 90 days from the date on which the Minister requested the investigation and must simultaneously send a copy of such report to the Minister, the Minister of Finance and the National Council of Provinces.". 45 50 14 No. 31509 Act No. 19, 2008 GOVERNMENT GAZETTE, 13 OCTOBER 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2008 Amendment of section 118 of Act 32 of 2000, as amended by section 44 of Act 51 of 2002 - 19 Verify source ↗
Section 118 of the Systems Act is hereby amended by the substitution in
AI-assisted research summary: This provision amends Section 118 of the Systems Act by replacing “60 days” with “120 days” in subsection (1A).
19. Section 118 of the Systems Act is hereby amended by the substitution in the expression "60 days". the expression "120 days" of subsection (1A) for Amendment of item 6 of Schedule 1 to Act 32 of 2000 5 - 20 Verify source ↗
Item 6 of Schedule 1 to the Systems Act is hereby amended—
AI-assisted research summary: A councillor may not be party to or benefit from a contract to supply goods or services to a municipality or municipal entity.
20. Item 6 of Schedule 1 to the Systems Act is hereby amended— (a) by the deletion of subitems (2) and (3); and (b) by the addition of the following subitem: "(4) No councillor may be a party to or beneficiary under a contract for the provision of goods or services to any municipality or any 10 municipal entity established by a municipality.". Amendment of item 14 of Schedule 1 to Act 32 of 2000 - 21 Verify source ↗
Item 14 of Schedule 1 to the Systems Act is hereby amended by the substitution
AI-assisted research summary: The MEC for local government may appoint a person or committee to investigate an alleged breach of the Code and recommend an appropriate sanction.
21. Item 14 of Schedule 1 to the Systems Act is hereby amended by the substitution for subitem (4) of the following subitem: "(4) The MEC for local government may appoint a person or a 15 committee to investigate any alleged breach of a provision of this Code and to make a recommendation [on whether the councillor should be suspended or removed from office] as to the appropriate sanction in terms of subitem (2) if a municipal council does not conduct an investigation contemplated government considers it necessary.". in subitem (1) and the MEC for local 20 Amendment of item 4 of Schedule 2 to Act 32 of 2000, as amended by section 29 of Act 44 of 2003 - 22 Verify source ↗
Item 4 of Schedule 2 to the Systems Act is hereby amended by—
AI-assisted research summary: Municipal staff may not be party to or benefit from contracts for goods or services with a municipality or its municipal entity.
22. Item 4 of Schedule 2 to the Systems Act is hereby amended by— (a) (b) the deletion of paragraphs (a) and (b) of subitem (2); and the addition of the following subitem: "(3) No staff member of a municipality may be a party to or beneficiary under a contract for the provision of goods or services to any municipality or any municipal entity established by a municipality.". Insertion of item 5A in Schedule 2 to Act 32 of 2000 - 23 Verify source ↗
The following item is hereby inserted in Schedule 2 to the Systems Act after item
AI-assisted research summary: Certain municipal officials must disclose specified interests in writing, and the municipal council must decide which interests must be made public.
23. The following item is hereby inserted in Schedule 2 to the Systems Act after item 5: "Declaration of interests 5A. (1) A person appointed in terms of section 56 or a municipal manager must within 60 days after his or her appointment declare in writing to the chairperson of the municipal council the following interests held by that person or municipal manager: (a) Shares and securities in any company; (b) membership of any close corporation; (c) (d) directorships; (e) partnerships; (f) (g) (h) other financial interests in any business undertaking; interest in property; and subsidies, grants and sponsorships by any organisation. interest in any trust; 25 30 35 40 45 (2) Any change in the nature or detail of the financial interests of a staff member must be declared in writing quarterly to the chairperson of the municipal council. (3) The municipal council must determine which of the financial interests referred to in subitem (1) must be made public having regard to the need for confidentiality and the public interest for disclosure.". 50 16 No. 31509 GOVERNMENT GAZETTE, 13 OCTOBER 2008 Act No. 19, 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2008 CHAPTER 4 AMENDMENT OF LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES ACT, 2004 Amendment of section 1 of Act 6 of 2004
Part
CHAPTER 4
- 24 Verify source ↗
Section 1 of the Local Government: Municipal Property Rates Act, 2004 (in this
AI-assisted research summary: This provision amends section 1 of the Municipal Property Rates Act, 2004 by replacing two definitions.
24. Section 1 of the Local Government: Municipal Property Rates Act, 2004 (in this 5 Chapter referred to as the Property Rates Act), is hereby amended— (a) by the substitution for the definition of "land tenure right" of the following definition: " 'land tenure right' means an old order right or a new order right as defined in section 1 of the Communal Land Rights Act, 2004 (Act No. 11 10 of 2004);"; and (b) by the substitution for paragraph (j) of the definition of "public service infrastructure" of the following paragraph: "(j) [rights of way, easements and servitudes] a right registered infrastructure immovable property in connection with against mentioned in paragraphs (a) to (i);". Amendment of section 3 of Act 6 of 2004
Part
Chapter referred to as the Property Rates Act), is hereby amended—
- 25 Verify source ↗
Section 3 of the Property Rates Act is hereby amended—
AI-assisted research summary: This section amends the Property Rates Act to change how municipalities explain property rates exemptions, rebates, reductions, and related public-benefit considerations.
25. Section 3 of the Property Rates Act is hereby amended— (a) by the substitution in subsection (3) for paragraph (e) of the following paragraph: "(e) identify [and quantify in terms of cost to the municipality] and [any benefit to the local community] provide reasons for— (i) exemptions[, rebates and reductions]; (ii) [exclusions referred to in section \l(\)(a), (e), (g), (h) and (i)] rebates: and (iii) [rates on properties that must be phased in terms of section 21] reductions;"; and (b) by the substitution in subsection (3) for paragraph (g) of the following paragraph: 15 20 25 "(g) take into account the effect of rates on organisations conducting 30 specified public benefit activities and registered in terms of the Income Tax Act for tax [reductions] exemptions because of those activities, in the case of property owned and used by such organisations for those activities;". Amendment of section 7 of Act 6 of 2004 35 - 26 Verify source ↗
Section 7 of the Property Rates Act is hereby amended by the substitution in
AI-assisted research summary: This provision amends section 7 of the Property Rates Act by replacing wording in subsection (2)(a)(ii).
26. Section 7 of the Property Rates Act is hereby amended by the substitution in subsection (2)(a) for subparagraph (ii) of the following subparagraph: "(ii) public service infrastructure [owned by a municipal entity];". Amendment of section 9 of Act 6 of 2004 - 27 Verify source ↗
Section 9 of the Property Rates Act is hereby amended by the substitution in 40
AI-assisted research summary: This section amends section 9 of the Property Rates Act by replacing paragraph (a) of subsection (1) with wording about a purpose matching the property’s permitted use, where that permitted use is regulated.
27. Section 9 of the Property Rates Act is hereby amended by the substitution in 40 subsection (1) for paragraph (a) of the following subsection: "(a) a purpose corresponding with the permitted use of the property!, if the permitted use of the property is regulated];". Amendment of section 15 of Act 6 of 2004 - 28 Verify source ↗
Section 15 of the Property Rates Act is hereby amended by the substitution in 45
AI-assisted research summary: Municipalities must include projections of revenue forgone for a financial year in their annual budget.
28. Section 15 of the Property Rates Act is hereby amended by the substitution in 45 subsection (4) for the words preceding paragraph (a) of the following words: "[All exemptions, rebates and reductions projected for a financial year] Projections regarding revenue to be forgone for a financial year in relation to subsection Q)(b) must be reflected in the municipality's annual budget for that year 18 No. 31509 Act No. 19,2008 GOVERNMENT GAZETTE, 13 OCTOBER 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2008 Amendment of section 17 of Act 6 of 2004 - 29 Verify source ↗
Section 17 of the Property Rates Act is hereby amended by the substitution in
AI-assisted research summary: This section amends Section 17 of the Property Rates Act to change paragraph (e) for certain protected-area and botanical-garden land.
29. Section 17 of the Property Rates Act is hereby amended by the substitution in subsection (1) for paragraph (e) of the following paragraph: "(e) on those parts of a special nature reserve, national park or nature reserve within the meaning of the [Protected Areas Act] National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), or of a national botanical garden within the meaning of the National Environmental Manage ment: Biodiversity Act, 2004 (Act No. 10 of 2004), which are not developed or used for commercial, business, agricultural or residential purposes;". Amendment of section 19 of Act 6 of 2004 5 10 - 30 Verify source ↗
Section 19 of the Property Rates Act is hereby amended by the substitution in
AI-assisted research summary: This section amends section 19 of the Property Rates Act to allow different rates for residential properties, and a rate for non-residential properties may exceed a prescribed 15-to-1 ratio to the residential rate, subject to listed exceptions.
30. Section 19 of the Property Rates Act is hereby amended by the substitution in subsection (1) for paragraphs (a) and (b) of the following paragraphs, respectively: "(a) different rates on residential properties, except as provided for in sections [11(1)(6)] 11(2), 21 and 89; (b) a rate on a category of non-residential properties that exceeds a prescribed 15 ratio to the rate on residential properties determined in terms of section [ l ] l l ( l ) ( q ): Provided that different ratios may be set in respect of different categories of non-residential properties.". Amendment of section 20 of Act 6 of 2004 - 31 Verify source ↗
Section 20 of the Property Rates Act is hereby amended by the substitution for 20
AI-assisted research summary: The Minister may, with the Minister of Finance’s concurrence and by notice in the Gazette, set a cap on how much certain property rates or related revenue may increase.
31. Section 20 of the Property Rates Act is hereby amended by the substitution for 20 subsection (1) of the following subsection: "(1) The Minister may, with the concurrence of the Minister of Finance and by notice in the Gazette, set an upper limit on the percentage by which— (a) rates on [properties] property categories or a rate on a specific category of properties may be increased; or the total revenue derived from rates on all property categories or a rate on a specific category of properties may be increased.". (b) 25 Amendment of section 46 of Act 6 of 2004 - 32 Verify source ↗
Section 46 of the Property Rates Act is hereby amended—
AI-assisted research summary: This provision amends section 46 of the Property Rates Act by changing two wording passages and deleting subsection (5).
32. Section 46 of the Property Rates Act is hereby amended— (a) by the substitution in subsection (3) for paragraph (a) of the following 30 paragraph: "(a) [The value of any] Any building or other immovable structure under the surface of the property which is the subject matter of any mining authorisation or mining right defined in the [Minerals Act, 1991 (Act No. 50 of 1991)] Mineral and Petroleum Resources 35 Development Act, 2002 (Act No. 28 of 2002);"; (b) by the substitution in subsection 0)(b) for the words preceding subparagraph (i) of the following words: "[the value of] any equipment or machinery which, in relation to the property concerned, is immovable property, excluding—"; and 40 (c) by the deletion of subsection (5). 20 No. 31509 Act No. 19, 2008 GOVERNMENT GAZETTE, 13 OCTOBER 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2008 Amendment of section 78 of Act 6 of 2004 - 33 Verify source ↗
Section 78 of the Property Rates Act is hereby amended—
AI-assisted research summary: This provision amends section 78 of the Property Rates Act by adding wording about cases where a property category has changed, and by adding a date reference linked to when that category change occurred.
33. Section 78 of the Property Rates Act is hereby amended— (a) by the deletion in subsection (1) of the word " o r" at the end of paragraph (e), the addition of the word " o r" at the end of paragraph (f) and the addition to that subsection of the following paragraph: 5 "(g) of which the category has changed;"; and (b) by the deletion in subsection (4) of the word " o r" at the end of paragraph (c), the addition of the word " o r" at the end of paragraph (d) and the addition to that subsection of the following paragraph: "(e) the date on which the change of category referred to in subsection 10 (])(g) occurred.". Amendment of section 86 of Act 6 of 2004 - 34 Verify source ↗
Section 86 of the Property Rates Act is hereby amended by the substitution in
AI-assisted research summary: This amendment replaces section 86(1)(c) so that wilfully giving information that is false in any material respect in an objection or appeal is covered.
34. Section 86 of the Property Rates Act is hereby amended by the substitution in subsection (1) for paragraph (c) of the following paragraph: "(c) wilfully gives information in an objection in terms of section 50(1 )(c) or in an 15 appeal in terms of section [48] 54 which is false in any material respect;". Amendment of Part 1 of Schedule to Act 6 of 2004 - 35 Verify source ↗
Part 1 of the Schedule to the Property Rates Act is hereby amended—
AI-assisted research summary: This section amends Part 1 of the Schedule to the Property Rates Act by adding a new row and deleting row 26.
35. Part 1 of the Schedule to the Property Rates Act is hereby amended— (a) by the insertion of the following row after row number 1: "1A. Valuation Ordinance. 1944 (Ordinance No. 26 of 1944) The whole."; and20 (b) by the deletion of row number 26. CHAPTER 5 MISCELLANEOUS MATTERS Repeal of laws 25
Part
CHAPTER 5
- 36 Verify source ↗
The laws specified in the first column of the Schedule are hereby repealed to the
AI-assisted research summary: This section repeals the laws listed in the Schedule, but only to the extent shown in the Schedule.
36. The laws specified in the first column of the Schedule are hereby repealed to the extent indicated in the second column of the Schedule. Short title - 37 Verify source ↗
This Act is called the Local Government Laws Amendment Act, 2008.
AI-assisted research summary: Section 37 names the Act as the Local Government Laws Amendment Act, 2008.
37. This Act is called the Local Government Laws Amendment Act, 2008. 22 No. 31509 Act No. 19, 2008 GOVERNMENT GAZETTE, 13 OCTOBER 2008 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2008 SCHEDULE (Section 37) Tide, No. and year of law Jan Kempdorp Act, 1964 (Act No. 40 of 1964) The whole Promotion of Local Government Affairs Act, 1983 (Act No. 91 of 1983) Extent of repeal of Local Government Affairs of Local Government Affairs of Local Government Affairs Jan Kempdorp Amendment Act, 1985 (Act No. 4 of 1985) Promotion Amendment Act, 1985 (Act No. 45 of 1985) Promotion Amendment Act, 1986 (Act No. 79 of 1986) Constitutional Laws Amendment Act, 1988 (Act No. 43 of 1988) Promotion Amendment Act, 1988 (Act No. 82 of 1988) Local Authority Affairs Amendment Act (House of Assembly), 1991 (Act No. 127 of 1991) Local Government Affairs Amendment Act, 1993 (Act No. 56 of 1993) Local Government Affairs Second Amendment Act, 1993 (Act No. 117 of 1993) Local Government Transition Act, 1993 (Act No. 209 of 1993) Proclamation No. R 153 of 1994 Local Government Transition Act Amendment Act, 1995 (Act No. 61 of 1995) Local Government Transition Act Second Amendment Act, 1996 (Act No. 97 of 1996) Chapter 1, section 14, section 15 in so far as it has not been assigned to a province, sections 17Aand 17G The whole Sections 2 and 3 The whole Sections 7, 8 and 9 Sections 2 and 3 Sections 10 and 11 Sections 2, 3, 4 and 5 Sections 4 and 7 The whole in so far as it has not been assigned to a province The whole in so far as it amends Chapter 1 of the Promotion of Local Government Affairs Act, 1983 The whole The whole
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