Local Government Laws Amendment Act
This section is a heading for an amendment to section 1 of the Organised Local Government Act, 1997.
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- Act 51 of 2002
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About this statute
This section is a heading for an amendment to section 1 of the Organised Local Government Act, 1997. This section amends section 1 of the Organised Local Government Act, 1997 by deleting subsection (2). This section amends section 7(2) of the Remuneration of Public Office Bearers Act, 1998 by replacing “Despite” with “Subject to”. Salaries and allowances paid to municipal council members are to be treated as validly determined and paid under the Remuneration of Public Office Bearers Act, 1998, for the listed circulars and proclamation. This provision amends several definitions in the Local Government: Municipal Demarcation Act, 1998.
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Provisions of Local Government Laws Amendment Act
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No. 24149
AI-assisted research summary: This section is a heading for an amendment to section 1 of the Organised Local Government Act, 1997.
4 No. 24149 GOVERNMENT GAZE’ITE, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2002 CHAPTER 1 AMENDMENT OF ORGANISED LOCAL GOVERNMENT ACT, 1997 Amendment of section 1 of Act 52 of 1997
Part
CHAPTER 1
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Section 1 of the Organised Local Government Act, 1997, is hereby amended by the
AI-assisted research summary: This section amends section 1 of the Organised Local Government Act, 1997 by deleting subsection (2).
1. Section 1 of the Organised Local Government Act, 1997, is hereby amended by the deletion of subsection ( 2 ) . 5 CHAPTER 2 AMENDMENT OF REMUNERATION OF PUBLIC OFFICE BEARERS ACT, 1998 Amendment of section 7 of Act 20 of 1998, as amended by section 3 of Act 21 of 2000
Part
CHAPTER 2
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Section 7 of the Remuneration of Public Office Bearers Act, 1998, is hereby 10
AI-assisted research summary: This section amends section 7(2) of the Remuneration of Public Office Bearers Act, 1998 by replacing “Despite” with “Subject to”.
2. Section 7 of the Remuneration of Public Office Bearers Act, 1998, is hereby 10 amended by the substitution in subsection ( 2 ) for the word “Despite” of the expression “Subject to”. Validation of certain determinations and payments year financial 199811999 municipal - 3 Verify source ↗
The salaries and allowances paid to any member of a municipal council, during the
AI-assisted research summary: Salaries and allowances paid to municipal council members are to be treated as validly determined and paid under the Remuneration of Public Office Bearers Act, 1998, for the listed circulars and proclamation.
3. The salaries and allowances paid to any member of a municipal council, during the in accordance with- (a) Circular 25 of 1998 (as amended by Amendment Slip No. 3 of 1998) issued by the Gauteng Department of Development Planning and Local Government; and 15 (b) Proclamation (Western Cape) No. 48/1998 of 4 December 1998, read with Circular C18/1998, issued by the Western Cape Department of Governmental 20 Affairs and Housing, must be regarded as having been validly determined and paid under the Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998). CHAPTER 3 AMENDMENT OF LOCAL GOVERNMENT MUNICIPAL DEMARCATION 25 ACT, 1998 Amendment of section 1 of Act 27 of 1998
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CHAPTER 3
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Section 1 of the Local Government: Municipal Demarcation Act, 1998 (in this
AI-assisted research summary: This provision amends several definitions in the Local Government: Municipal Demarcation Act, 1998.
4. Section 1 of the Local Government: Municipal Demarcation Act, 1998 (in this Chapter referred to as the Demarcation Act), is hereby amended- (aj by the substitution for the definition of “Department” of the following 30 definition: ‘‘ ‘Department’ means the ment] national department responsible for local government;”; [Department of Constitutional Develop- ( b ) by the substitution for the definition of “determination” of the following definition: 35 ‘‘ ‘determination’ includes any redetermination, and ‘determine’ ‘redetermine’ [has a] corresponding [meaning] meanings;”; ( c ) by the substitution for the definition of “employee” of the following definition: ‘‘ ‘employee’, except in sections 34(1) person seconded to the Board;”; and 35(1) [and 361, includes a 40 (dj by the substitution for the definition of “Minister” of the following definition: [for Provincial Affairs and “ ‘Minister’ means the national Minister Constitutional Development] responsible for local government;” ; and (e) by the substitution for the definition of “this Act” of the following definition: 45 ‘‘ ‘this Act’ includes the regulations made under section 1421 9.”. 6 No. 23149 GOVERNMENT GAZETI’E, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 Substitution of section 4 of Act 27 of 1998
Part
Chapter referred to as the Demarcation Act), is hereby amended-
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The following section is hereby substituted for section 4 of the Demarcation Act:
AI-assisted research summary: This section says section 4 of the Demarcation Act is substituted with a following section, but the substituted text is not included here.
5. The following section is hereby substituted for section 4 of the Demarcation Act: “Functions - 4 Verify source ↗
The [function] functions of the Board [is] E-
AI-assisted research summary: The Board may determine municipal boundaries and, when requested, provide advisory services on matters covered by the Act and related legislation.
4. The [function] functions of the Board [is] E- - ( a ) to determine municipal boundaries in accordance with this Act and legislation enacted in terms of Chapter 7 of the other appropriate Constitution; & (b) to render an advisory service in respect of matters provided for in this Act and other appropriate legislation when so requested.”. Amendment of section 6 of Act 27 of 1998 - 6 Verify source ↗
Section 6 of the Demarcation Act is hereby amended by the substitution
AI-assisted research summary: The Board must have between seven and 10 members, and the President appoints those members in accordance with section 8.
6. Section 6 of the Demarcation Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection: 5 10 *‘(l) The Board consists of no fewer than seven and no more than [15] 10 - members appointed by the President in accordance with section 8.”. Amendment of section 8 of Act 27 of 1998 - 7 Verify source ↗
Section 8 of the Demarcation Act is hereby amended by the substitution
AI-assisted research summary: The listed item in subsection (4) must be submitted to the Minister.
7. Section 8 of the Demarcation Act is hereby amended by the substitution in subsection (5) for the words preceding paragraph (a) of the following words: “The list referred to in subsection (4) must be submitted to the Minister and must consist of-.‘. Amendment of section 21 of Act 27 of 1998 15 20 - 8 Verify source ↗
Section 21 of the Demarcation Act is hereby amended-
AI-assisted research summary: The Board must consider objections, decide whether to confirm, vary, or withdraw its determination, and publish the decision in the Provincial Gazette. Any person may request reasons, subject to PAIA.
8. Section 21 of the Demarcation Act is hereby amended- (a) by the addition to subsection (2) of the following proviso: “Provided that section 26 does not apply where the Board redetermines a municipal boundary in respect of which the MEC for local government and all the municipalities that are affected by the redetermination have indicated in writing that they have no objection to such redetermination.”; 25 ( b ) by the substitution for subsection ( 5 ) of the following subsection: “ ( 5 ) The Board must- ( a ) consider any objections; [and] (0) either confirm, vary or withdraw its determination; & ( c , publish its decision in terms of paragraph (h) in the relevant 30 Pmvincial Gn,-ette.”: and ( c ) by the addition of the folloazing subsection: “(6) Any person may, subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), request the Board to provide reasons for its decision in terms of subsection (5)(b).”. 35 Substitution of section 22 of Act 27 of 1998 - 9 Verify source ↗
The following section is hereby substituted for section 22 of the Demarcation Act:
AI-assisted research summary: This section sets the Board’s work programme for demarcation matters and gives the Minister power to set priorities and reasonable time-frames after consultation.
9. The following section is hereby substituted for section 22 of the Demarcation Act: “Work programme 22. ( 1 ) The Board performs the function mentioned in section 2 1 (1)- ( a ) [(x on its own initiative; [(ii)] (0) [(iii)] @) on request by the Minister or a MEC for local government; or on request by a municipality with the concurrence of any other municipality affected by the proposed determination or rede- termination [; and (b) in accordance with priorities and reasonable time-frames for demarcation determined by the Minister in consultation with the MEC’s for local government after the Board has been consulted]. 40 45 8 No. 24149 GOVERNMENT GAZETTE, 5 DECEMBER 2002 ~ ~- Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 (2) The Minister may, after consultation with the MEC’s for local government and the Board, determine frames for a determination or redetermination. priorities and reasonable time- (3) Where the Board performs the function mentioned in section 21 ( I ) on its own initiative as a result of receiving a request from a member of the public. the Board may- ( a ) require that member of the public to furnish the Board with such information as may be required by the Board; and ( 6 ) solicit the views of the persons and institutions referred to in section 26(3) on the matter before the Board. (4) Where the Board has solicited the views of persons and institutions as provided for in subsection (3)(b), the Board does not need to comply with or redetermination of a section 26 when it considers the determination municipal boundary under the circumstances referred to in subsection (3). (5) Where the Board performs the function mentioned in section 21 ( 1 ) on request by a municipality, the Board may require that municipality to furnish the Board with such information as may be required by the Board.”. Amendment of section 23 of Act 27 of 1998 - 10 Verify source ↗
Section 23 of the Demarcation Act is hereby amended-
AI-assisted research summary: The Board must send boundary-determination details to the Electoral Commission without delay, and the provincial MEC for local government must publish a related notice within three months and send a copy to the Board.
10. Section 23 of the Demarcation Act is hereby amended- ( a ) by the substitution for subsection (1) of the following subsection: “(1) [Once the Board has determined a municipal boundary it] After the Board has considered any objections in terms of section 21(S), or has redetermined a boundary under the circumstances provided for in the proviso to section 21(2), the Board must without delay send particulars of the determination to the Electoral Commission.”; and ( b ) by the addition to subsection (3) of the following paragraph, the existing 20 25 subsection becoming paragraph (a): “(bi The MEC for-local government in the province concerned must publish the notice referred to in subsection (2)(b) within three months of the date of the notice published by the Electoral Commission in terms of 30 paragraph’(a), and send a copy of the notice to the Board.”. CHAPTER 4 AMENDMENT OF LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT, 1998 Amendment of preamble Act to 117 of 1998
Part
CHAPTER 4
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The Preamble to the Local Government: Municipal Structures Act, 1998 (in this
AI-assisted research summary: This provision corrects a word in the Afrikaans text of the Preamble to the Local Government: Municipal Structures Act, 1998.
11. The Preamble to the Local Government: Municipal Structures Act, 1998 (in this Chapter referred to as the Structures Act), is hereby amended by the substitution in the fourteenth line of the Afrikaans text for the word “nedesettings” of the word “nedersettings”. Amendment of section 21 of Act 117 of 1998
Part
Chapter referred to as the Structures Act), is hereby amended by the substitution in the
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Section 21 of the Structures Act is hereby amended by the addition to subsection
AI-assisted research summary: An exemption ends if the person is designated as a full-time councillor under section 18(4).
12. Section 21 of the Structures Act is hereby amended by the addition to subsection (2) of the following proviso: ‘.: Provided that if such a person is designated as a full-time councillor in terms of section 18(4), such exemption lapses.”. Amendment of section 35 of Act 117 of 1998 - 13 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 lacks a quorum, the MEC for local government in the province must appoint one or more administrators.
13. Section 35 of the Structures Act is hereby amended by the substitution for subsection (1) of the following subsection: 35 40 45 “(1) If a municipal council is dissolved in terms of section 34(3)(b) or does not for local to form a quorum for a meeting, have enough members government in the province must appoint one or more administrators to ensure the SO continged functioning of the municipality until a new municipal council is elected or until the council has sufficient members for a quorum.”. the MEC 10 No. 24149 GOVERNMENT GAZETIE, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 Amendment of section 37 of Act 117 of 1998 - 14 Verify source ↗
Section 37 of the Structures Act is hereby amended-
AI-assisted research summary: This provision amends section 37 of the Structures Act by replacing two cross-references.
14. Section 37 of the Structures Act is hereby amended- (a) by the substitution in paragraph (6) for the expression “section 32” of the expression “section 59 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)”; and ( b ) by the substitution in paragraph ( e ) for the expression “Schedule 5” of the 5 expression “Schedule 1 to the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)”. Amendment of section 49 of Act 117 of 1998 - 15 Verify source ↗
Section 49 of the Structures Act is hereby amended by the addition of the 10
AI-assisted research summary: The provision says a councillor chosen by the executive committee members may act as mayor if the mayor has not designated a member, or if that designated member is absent or unavailable.
15. Section 49 of the Structures Act is hereby amended by the addition of the 10 following subsection: mayor acts as mayor; or ( b J a councillor elected by the members of the executive committee from amongst themselves acts as mayor if the mayor has not designated a member thereto or if the designated member is absent or not available.”. Amendment of section 56 of Act 117 of 1998 - 16 Verify source ↗
Section 56 of the Structures Act is hereby amended-
AI-assisted research summary: The council must appoint a councillor to act as executive mayor if the executive mayor is absent or unavailable and there is no deputy executive mayor.
16. Section 56 of the Structures Act is hereby amended- 20 (a) by the substitution in paragraph (f) of subsection (3) for the expression 59 of the Local Government: “section 32” of the expression “section IMunicipal Systems Act, 2000 (Act No. 32 of 2000)”; and (b) by the addition of the following subsection: “ ( 7 ) If the executive mayor is absent or not available and the 25 municipality does not have a deputy executive mayor, executive mayor is also absent designate a councillor to act as executive mayor.”. or the deputy or not available, the council must Amendment of section 64 of Act 117 of 1998 - 17 Verify source ↗
Section 64 of the Structures Act is hereby amended by the substitution in 30
AI-assisted research summary: This provision amends section 64 of the Structures Act by correcting a word in the Afrikaans text.
17. Section 64 of the Structures Act is hereby amended by the substitution in 30 subsection ( 2 ) of the Afrikaans text for the word “Metroplitaanse” of the word “Metropolitaanse”. Amendment of section 81 of Act 117 of 1998, as amended by item 3 of Schedule 3 to Act 32 of 2000 and section 5 of Act 33 of 2000 - 18 Verify source ↗
Section 81 of the
AI-assisted research summary: This section amends Section 81 of the Act and says a municipal council must determine criteria for calculating certain out-of-pocket expenses.
18. Section 81 of the Act is hereby amended- (a) by the substitution in subsection (1) of the Afrikaans text for the word Structures 35 ”ge?dentifiseer” of the word “ge’identifiseer”: and (0) by the addition to subsection (5) of the following paragraph, the existing subsection becoming paragraph (a): respect of such participation. (ii) A for, and calculation of, the out of pocket expenses referred to in subparagraph (i). municipal council must determine the criteria 12 No. 24149 CKNI?RNMEhT GAZE’ITE. 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 Amendment of section 84 of Act 117 of 1998, as amended by section 6 of Act 33 of 2000 - 19 Verify source ↗
Section 84 of the Structures Act is hereby amended-
AI-assisted research summary: The Minister may amend a notice and must set out the consequences if an authorisation is revoked.
19. Section 84 of the Structures Act is hereby amended- (a) by the substitution in subsection (3)(b)(iii) of the Afrikaans text for the word “verordeninge”; “verandering” of the word (b) by the substitution paragraph: “(c) The Minister may- in subsection (3) for paragraph (c) of the following - (i) amend a notice issued in terms of paragraph (a) [to effect technical changes or to regulate the authorisation more effectively]; and of such legal, practical and other consequences - (ii) regulate the amendment.”; and (c) by the addition to subsection (3) of the following paragraphs: “ ( d ) Whenever the Minister revokes an authorisation envisaged by 5 10 paragraph (a), the Minister must in the notice revoking that authorisation regulate the legal, practical and other consequencesof the revocation, which may inchde- (i) (ii) the transfer of staff the transfer of assets, liabilities, rights, obligations and administra- tive and other records; and the continued application of any by-laws and resolutions in the area of the municipalities in question and the extent of such application. (e) The Minister must comply with the consultation requirements as set out in paragraph (a) when a power referred to in paragraph (c) or (d) is to be exercised.”. (iii) 25 Substitution of section 86 of Act 117 of 1998, as amended by section 8 of Act 33 of 2000 - 20 Verify source ↗
The following section is hereby substituted for section 86 in the Afrikaans text of
AI-assisted research summary: If a district and local council dispute how to perform a function or exercise a power, the provincial MEC for local government may resolve it after consulting them.
20. The following section is hereby substituted for section 86 in the Afrikaans text of the Structures Act: “Beslegting van geskille rakende verrigting van funksies of uitoefening 30 van bevoegdhede 86. [Indien ’n distriks- en plaaslike munisipaliteit ’n funksie verrig of ’n bevoegdheid uitoefen op ’n soortgelyke wyse, en] Indien ’n geskil [ontstaan] tussen [hulle] ‘n distriks- en ’n plaaslike raad rakende die verrigting van [daardie] 3 funksie of die uitoefening van bevoegdheid ontstaan, kan die LUR vir plaaslike regering in die provinsie, na oorlegpleging met hulle, by kennisgewing in die Provinsiale Koerant die rolle in die vemgting van daardie geskil besleg deur hulle onderskeie funksie of die uitoefening van daardie bevoegdheid te omskryf.” . [daardie] 3 35 Amendment of section 93 of Act 117 of 1998, as amended by section 11 of Act 33 of 40 2000 - 21 Verify source ↗
Section 93 of the Structures Act is hereby amended by the addition of the
AI-assisted research summary: This section changes how certain legal references are read and lets municipalities use roll valuations for property rates until further legislation is enacted.
21. Section 93 of the Structures Act is hereby amended by the addition of the following subsections: “(7) Despite Proclamation No. 148 of 8 December 1993 (Province of the Cape of Good Hope Gazette 4833 of 22 December 1993) and section 38 of the Property Valuation Ordinance, 1993 (Cape), the said Ordinance is deemed to have come into force- ( a ) for the purposes of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), immediately before the commencement of tion; and that Constitu- (b) for all other purposes, on 1 July 1994. (8) ( a ) With effect from 5 December 2000 and subject to paragraph (b), any reference in a law referred to in item 2 of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), to a municipal council, of a local municipality, local authority or another applicable designation government structure, must be construed as a reference to a municipal council or a municipality established in terms of this Act, as the case may be. 14 No. 24149 GOVERNMENT GAZETTE, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2002 (b) Paragraph ( a ) only applies to a law referred to in item 2 of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), in so far as such a law is still applicable or becomes applicable to a municipal council or a municipality, as the case may be. at the time the Local Government Laws Amendment Act. 2002. comes into effect. (9) Until the legislation envisaged in section 229(2)(b) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). is enacted, a municipality map use the valuations appearing on a provisional valuation roll or an additional valuation roll when imposing property rates. (10) Subsections (7). (8) and (9) apply to matters that are the subject of pending litigation.”. Insertion of item 8A in Schedule 1 to Act 117 of 1998 - 22 Verify source ↗
The following item is hereby inserted in Schedule 1 to the Structures Act after
AI-assisted research summary: If only one candidate is duly nominated in a ward, no election is held there and that candidate is treated as elected.
22. The following item is hereby inserted in Schedule 1 to the Structures Act after item 8: “Uncontested ward elections SA. If only one candidate is duly nominated in a ward, an election is not held in that ward and the uncontested ward candidate is deemed to have been elected- (a) in the case of an election called in terms of section 24(2), with effect from the date set for the election; or ( b ) in the case of a by-election, with effect from the date stated in the time table for the by-election as the final date on which nominations for the by-election may be submitted.”. 5 10 15 20 Amendment of item 13 of Schedule 1 to Act 117 of 1998 - 23 Verify source ↗
Item 13 of Schedule I to the Structures Act is hereby amended by the substitution
AI-assisted research summary: This section amends Item 13 of Schedule I to the Structures Act by substituting the phrase “chief electoral officer” where “Electoral Commission” appears.
23. Item 13 of Schedule I to the Structures Act is hereby amended by the substitution it appears, of the expression for the expression “chief electoral officer”, wherever “Electoral Commission”. 25 Amendment of item 17 of Schedule 1 to Act 117 of 1998 - 21 Verify source ↗
Item 17 of Schedule 1 to the Structures Act is hereby amended by the substitution
AI-assisted research summary: This provision amends Item 17 of Schedule 1 to the Structures Act by replacing “chief electoral officer” with “Electoral Commission” where it appears.
21. Item 17 of Schedule 1 to the Structures Act is hereby amended by the substitution for the expression “chief electoral officer”. wherever “Electoral Commission”. it appears, of the expression 30 Amendment of item 18 of Schedule 1 to Act 117 of 1998 - 35 Verify source ↗
Itern 18 of Schedule 1 to the Structures Act is hereby amended by the addition to
AI-assisted research summary: If a councillor in paragraph (a) leaves office, the municipal manager concerned must notify the chief electoral officer within 7 days.
35. Itern 18 of Schedule 1 to the Structures Act is hereby amended by the addition to subitem ( 1 ) of the following paragraph. the existing subitem becoming paragraph (a): “ ( b ) Whenever a councillor referred to in paragraph ( a ) ceases to hold office, the the councillor has municipal manager concerned must within seven days after ceased to hold office. inform the chief electoral officer accordingly.”. 35 Amendment of item 20 of Schedule 1 to Act 117 of 1998 - 26 Verify source ↗
Item 20 of Schedule 1 to the Structures Act is hereby amended by the substitution
AI-assisted research summary: A party may change its list, and if a councillor elected from the party list leaves office, the party may update the list within 21 days; the vacancy must then be filled within 14 days after that period ends.
26. Item 20 of Schedule 1 to the Structures Act is hereby amended by the substitution for subitem ( 1 ) of the following subitem: ”( 1) A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office. the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled [within] as soon as the party in question has supplemented, changed or increased its list. but not later than 14 days after expiry of the [21 days’] 21-day period.”. 40 45 16 No. 24149 GOVERNMENT GAZERE, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 Amendment of item 1 of Schedule 2 to Act 117 of 1998 - 27 Verify source ↗
Item 1 of Schedule 2 to the Structures Act is hereby amended-
AI-assisted research summary: This provision amends Schedule 2 by changing one Afrikaans word in a definition and adding a new definition of “independent ward councillor”.
27. Item 1 of Schedule 2 to the Structures Act is hereby amended- ( a ) by the substitution in the Afrikaans text for the word “toespassing” in the definition of “verkiesing” of the word “toepassing”; and ( b ) by the insertion after the definition of “election” of the following definition: ‘independent ward councillor’ means a councillor who was not ‘‘ 5 nominated by a party as a candidate in a ward election:”. Amendment of item 10 of Schedule 2 to Act 117 of 1998 - 28 Verify source ↗
Item 10 of Schedule 2 to the Structures Act is hereby amended by the substitution
AI-assisted research summary: This provision corrects a word in item 10 of Schedule 2 by replacing “wtter” with “watter” in the Afrikaans text.
28. Item 10 of Schedule 2 to the Structures Act is hereby amended by the substitution in subitem (7) of the Afrikaans text for the word “wtter” of the word “watter”. 10 Amendment of item 11 of Schedule 2 to Act 117 of 1998 - 29 Verify source ↗
Item 11 of Schedule 2 to the Structures Act is hereby amended by the addition to
AI-assisted research summary: The municipal manager must inform the chief electoral officer within 7 days after a councillor mentioned in paragraph (a) stops holding office.
29. Item 11 of Schedule 2 to the Structures Act is hereby amended by the addition to subitem (1) of the following paragraph, the existing subitem becoming paragraph (a): “ f b ) Whenever a councillor referred to in paragraph (a) ceases to hold office. the municipal manager concerned must within seven days after the councillor has ceased to hold ofice. inform the chief electoral officer thereof.”. 15 Amendment of item 13 of Schedule 2 to Act 117 of 1998 - 30 Verify source ↗
Item 13 of Schedule 2 to the Structures Act is hereby amended by the substitution
AI-assisted research summary: A party may change its list at any time, and if a councillor on that list leaves office the party may change the list within 21 days; the vacancy must then be filled within 14 days after that 21-day period ends.
30. Item 13 of Schedule 2 to the Structures Act is hereby amended by the substitution for subitem ( I ) of the following subitem: “(1) A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled [within] as soon as the party in question has supplemented, changed or increased its list. but not later than 14 days after expiry of the [21 days] 21-day period.”. 20 25 Amendment of item 17 of Schedule 2 to Act 117 of 1998 - 31 Verify source ↗
Item 17 of Schedule 2 to the Structures Act is hereby amended-
AI-assisted research summary: The provision lets a party or independent ward councillor submit one candidates’ list, if each listed candidate gives written acceptance.
31. Item 17 of Schedule 2 to the Structures Act is hereby amended- ( a ) by the substitution for subitem (1) of the following subitem: “(1) Every party or independent ward councillor may submit a candidates’ list containing the names of councillors, accompanied by a written acceptance by each listed candidate.”; ( b ) by the substitution for subitem (2) of the following subitem: “(2) A party or independent ward councillor may not submit more than one list.”: and ( c ) by the substitution in subitem (5) for the word “councillor” of the expression “independent ward councillor”. Amendment of item 20 of Schedule 2 to Act 117 of 1998 - 32 Verify source ↗
Item 20 of Schedule 2 to the Structures Act is hereby amended by the addition to
AI-assisted research summary: If two lists have the same surplus, the seat or seats must be awarded in order of the highest number of votes cast for those lists.
32. Item 20 of Schedule 2 to the Structures Act is hereby amended by the addition to subitem ( 2 ) of the following paragraph, the existing subitem becoming paragraph (a): “ ( h ) If the surplus on one list is equal to the surplus on any other list, the seat or seats must be awarded in sequence of the highest number of votes cast for those lists.” - Amendment of item 23 of Schedule 2 to Act 117 of 1998 - 33 Verify source ↗
The Afrikaans text of item 23 of Schedule 2 to the Structures Act is hereby
AI-assisted research summary: This section amends the Afrikaans text of item 23 of Schedule 2 to the Structures Act by replacing two words/phrases.
33. The Afrikaans text of item 23 of Schedule 2 to the Structures Act is hereby amended by the substitution- ( a ) for the word “uiteput” of the word “uitgeput”; and f b ) for the exmession “item 18 van Bvlae 1” of the exmession “item 11”. 30 35 40 45 18 No. 24149 GOVERNMENT G A Z E T E , 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT A m , 2002 Amendment of item 8 of Schedule 3 to Act 117 of 1998 - 34 Verify source ↗
Item 8 of Schedule 3 to the Structures Act is hereby amended by the addition of
AI-assisted research summary: If two candidates tie on votes at the relevant meeting, the presiding person must decide by lot who gets the office.
34. Item 8 of Schedule 3 to the Structures Act is hereby amended by the addition of the following subitem: “ ( 3 ) If at the further meeting held in terms of subitem (1) only two candidates are nominated. or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, the person presiding at such meeting must determine by lot who of the two candidates will hold the office for which the election has taken place.”. 5 CHAPTER 5 AMENDMENT OF LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT, 2000 10 Amendment of section 1 of Act 32 of 2000
Part
CHAPTER 5
- 35 Verify source ↗
Section 1 of the Local Government: Municipal Systems Act, 2000 (in this Chapter
AI-assisted research summary: This provision amends section 1 of the Municipal Systems Act by adding definitions for “municipal service,” “property,” and “registrar of deeds.”
35. Section 1 of the Local Government: Municipal Systems Act, 2000 (in this Chapter referred to as the Systems Act), is hereby amended- ( 0 ) by the insertion after the definition of “municipal manager” of the following 15 definition: ‘’ ‘municipal service’ means a service that a municipality in terms of its powers and functions provides or may provide to or for the benefit of the local community irrespective of whether- ( a ) such a service is provided, or to be provided, by the municipality 20 through an internal mechanism contemplated in section 76 or by engaging an external mechanism contemplated in section 76; and (hi fees. charges or tariffs are levied in respect of such a service or not;”; f b ) by the insertion after the definition of “prescribe” of the following definition: 25 ‘. 6 property’ means- ( a ) immovable property registered in the name of a person, and includes a unit as defined in section 1 of the Sectional Titles Act, 1986 (Act No. 95 of 1986); or (0) a right registered against immovable property in the name of a 30 person;”; and ( c ) by the insertion after the definition of “ratepayer” of the following definition: *‘ ‘registrar of deeds’ means a registrar as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);”. Amendment of section 59 of Act 32 of 2000 35 - 36 Verify source ↗
Section 59 of the Systems Act is hereby amended by the addition of the following
AI-assisted research summary: A municipal council must approve any delegation or sub-delegation to a staff member of a power given to a municipal manager.
36. Section 59 of the Systems Act is hereby amended by the addition of the following subsection: ” ( 3 ) Any delegation or sub-delegation to a staff member of a power conferred on a municipal manager must be approved by the municipal council in accordance with the system of delegation referred to in subsection (1):’. 40 Amendment of section 62 of Act 32 of 2000 - 37 Verify source ↗
Section 62 of the Systems Act is hereby amended by the addition of the following
AI-assisted research summary: This amendment adds a subsection saying section 62 does not take away any appropriate appeal procedure provided for in another law.
37. Section 62 of the Systems Act is hereby amended by the addition of the following subsection: “(6) The provisions of this section do not detract from any appropriate appeal procedure provided for in any other law.”. applicable 45 .4mendment of section 67 of Act 32 of 2000 - 38 Verify source ↗
Section 67 of the Systems Act is hereby amended by the substitution in subsection
AI-assisted research summary: A municipality must develop and adopt systems and procedures for fair, efficient, effective, and transparent personnel administration, subject to applicable law and any applicable collective agreement.
38. Section 67 of the Systems Act is hereby amended by the substitution in subsection (1) for the words preceding paragraph ( a ) of the following words: “A municipality, in accordance with [the Employment Equity Act, 19981 applicable law and sub-ject to any applicable collective agreement, must develop 50 and adopt appropriate systems and procedures to ensure fair, efficient, effective and transparent personnel administration, including-”. 20 No. 24149 GOVERNMENT GAZE’ITE, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 Insertion of section 75A in Act 32 of 2000 - 39 Verify source ↗
The following section is hereby inserted in the Systems Act after section 75:
AI-assisted research summary: A municipality may levy and recover fees, charges, tariffs, collection charges, and interest, and the municipal manager must publicize the resolution and send a notice copy to the MEC.
39. The following section is hereby inserted in the Systems Act after section 75: “General power to levy and recover fees, charges and tariffs 75A. ( 1 ) A municipality may- ( a ) levy and recover fees, charges or tariffs in respect of any function or 5 service of the municipality-and ( b ) recover collection charges and interest on any outstanding amount. ( 2 ) The fees, charges or tariffs referred to in subsection (1) are levied by a municipality by resolution passed by the municipal council with a supporting vote of a majority of its members. (3) After a resolution contemplated in subsection (2) has been passed, the municipal manager must, without delay- (a) conspicuously display a copy of the resolution for a period of at least 10 30 days at the main administrative office of the municipality and at such other places within the municipality to which the public has access as the municipal manager may determine; 15 ( b ) publish in a newspaper of general circulation in the municipality a notice stating- (i) that a resolution as contemplated passed by the council; in subsection (2) has been (ii) that a copy of the resolution is available for public inspection during office hours at the main administrative office of the municipality and at the other places specified in the notice; and (iii) the date on which the determination will come into operation; and (c) seek to convey the information referred to in paragraph (6) to the local the area of the community by means of radio broadcasts covering municipality. (4) The municipal manager must forthwith send a referred to in subsection (3)(6) to the MEC for concerned.”. copy of the notice local government Amendment of section 76 of Act 32 of 2000 - 40 Verify source ↗
Section 76 of the Systems Act is hereby amended by the substitution in paragraph
AI-assisted research summary: This section amends section 76 of the Systems Act by replacing item (aa) in paragraph (b)(iii) with a reference to a water services committee established under the Water Services Act, 1997.
40. Section 76 of the Systems Act is hereby amended by the substitution in paragraph (b)(iii) for item (aa) of the following item: “(aa) a water services committee established in terms of the Water Services Act, 1997 (Act No. 108 of 1997);”. Substitution of section 77 of Act 32 of 2000 - 41 Verify source ↗
The following section is hereby substituted for section 77 of the Systems Act:
AI-assisted research summary: Municipalities must review and decide on mechanisms for providing municipal services.
41. The following section is hereby substituted for section 77 of the Systems Act: “Occasions when municipalities must review and decide on mecha- nisms to provide municipal services - 77 Verify source ↗
A municipality must review and decide on the
AI-assisted research summary: A municipality must review and decide how to provide a municipal service when specified trigger events occur.
77. A municipality must review and decide on the appropriate mechanism to provide a municipal service in the municipality or a part of the municipality- ( a ) in the case provided through an internal of a municipal service mechanism contemplated in section 76, when- (i) an existing municipal service extended or improved; is to be significantly upgraded, (ii) a performance evaluation in terms of Chapter 6 requires a review of the mechanism; or (iii) the municipality is restructured or reorganised in terms of the Municipal Structures Act; (bj in the case of a municipal service provided through an external mechanism contemplated in section 76, when- 20 25 30 35 40 45 50 22 No. 24149 GOVERNMENT GAZETTE, 5 DECEMBER 2002 Act NO. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 (i) a performance evaluation in terms of Chapter 6 requires a review of the service delivery agreement; (ii) the service delivery agreement is anticipated to expire or be terminated within the next 12 months; or (iii) an existing municipal service or part of that municipal service is or improved and such or improvement is not addressed in the to be significantly upgraded, extended upgrade, extension service delivery agreement; (c) when a review is required by an intervention in terms of section 139 of the Constitution; (d) when a new municipal service is to be provided; (e) when requested by the local community through mechanisms. processes and procedures established in terms of Chapter 4; or ( f , when a review of its integrated development plan requires a review of the delivery mechanism.”. 5 10 15 Amendment of section 94 of Act 32 of 2000 - 42 Verify source ↗
Section 93 of the Systems Act is hereby amended
AI-assisted research summary: The Minister may make certain regulations and issue guidelines only after consulting the Minister of Finance and any other affected Cabinet member.
42. Section 93 of the Systems Act is hereby amended by the substitution for subsection (2) of the following subsection: “(2) The Minister may make regulations and issue guidelines contemplated in paragraphs ( a ) , ( b ) , (c), (d) and (e) of subsection (1) onlv after consultation with the 20 Minister of Finance and any other Cabinet member whose portfolio is affected by the regulations and guidelines.”. Insertion of section 109A in Act 32 of 2000 - 43 Verify source ↗
The following section is hereby inserted in the Systems Act after section 109:
AI-assisted research summary: This section inserts a new section in the Systems Act titled “Legal representation for employees or councillors of municipality.”
43. The following section is hereby inserted in the Systems Act after section 109: “Legal representation for employees or councillors of municipality 25 - 109A Verify source ↗
Provision
109A. A municipality may, subject to such terms and conditions as it may determine, provide an employee or councillor of the municipality with legal representation where- ( a ) legal proceedings have been instituted against the employee or councillor as a result of any act or omission by the employee or councillor in the exercise of his or her powers or the performance of his or her duties; or ( b ) the employee or the councillor has been summoned to attend any inquest or inquiry arising from the exercise of his or her powers or the performance of his or her duties.”. 30 35 Substitution of section 118 of Act 32 of 2000 - 44 Verify source ↗
The following section is hereby substituted for section 118 of the Systems Act:
AI-assisted research summary: A registrar of deeds may not register a property transfer unless a prescribed municipal certificate is produced.
44. The following section is hereby substituted for section 118 of the Systems Act: “Restraint on transfer of property 118. ( 1 ) A registrar of deeds [or other registration officer of immovable property] may not register the transfer of property except on production to that [registration officer] registrar of deeds of a prescribed certificate- ( a ) issued by the municipality or municipalities in which that property is situated; and ( b ) which certifies that all amounts that became due in connection with that property for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties during the two years preceding the date of application for the certificate have been fully paid. 40 45 24 No. 24149 GOVERNMENT GAZETTE, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 (1A) A prescribed certificate issued in terms of subsection (1) is valid for a period of 120 days from the date it has been issued. by a municipality ( 2 ) In the case of the transfer of [immovable] property by a trustee of an insolvent estate, the provisions of this section are subject to section 89 of the Insolvency Act, 1936 (Act No. 24 of 1936). 5 (3) An amount due for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties is a charge upon the property in connection with which the amount is owing and enjoys preference over any mortgage bond registered against the property. ~~ (4) Subsection ( I ) does not apply t- (a) a transfer from the national government, a provincial government or a 1 municipality of a residential property whidh was financed with funds or loans made available by the national government, a provincial government or a municipality; and 10 15 (6) the vesting of ownership as a result of a conversion of land tenure rights into ownership in terms of Chapter 1 of the Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991): Provided that nothing in this subsection precludes the subsequent collection by a municipality of any amounts owed to it in respect of such a property at 20 the time of such transfer or conversion. ( 5 ) Subsection (3) does not apply to any amount referred to in that subsection that became due before a transfer of a residential property or a conversion of land tenure rights into ownership contemplated in subsection (4) took place.”. 25 Insertion of item 12A in Schedule 1 to Act 32 of 2000 - 45 Verify source ↗
The following item is hereby inserted in Schedule 1 to the Systems Act after item
AI-assisted research summary: This section inserts a new Schedule 1 item titled “Councillor in arrears.”
45. The following item is hereby inserted in Schedule 1 to the Systems Act after item 12: “Councillor in arrears - 12A Verify source ↗
A councillor may not be in arrears to the municipality for rates and 30
AI-assisted research summary: A councillor may not owe the municipality rates or service charges for more than 3 months.
12A. A councillor may not be in arrears to the municipality for rates and 30 service charges for a period longer than 3 months.”. Amendment of item 14 of Schedule 1 to Act 32 of 2000 - 46 Verify source ↗
Item 14 of Schedule 1 to the Systems Act is hereby amended by the substitution
AI-assisted research summary: This section amends Schedule 1 to the Systems Act by replacing subitem (5).
46. Item 14 of Schedule 1 to the Systems Act is hereby amended by the substitution for subitem ( 5 ) of the following subitem: ‘ . ( 5 ) The Commissions Act, 1947 (Act applicable provincial legislation, may be applied to an investigation in terms of subitem [ ( 3 ) ] *..’. 8 of 1947), or, where appropriate, 35 CHAPTER 6 AMENDMENT OF LOCAL GOVERNMENT MUNICIPAL STRUCTURES AMENDMENT ACT, 2000 40 Amendment of section 13 of Act 33 of 2000
Part
CHAPTER 6
- 47 Verify source ↗
Section 13 of the Local Government: Municipal Structures Amendment Act,
AI-assisted research summary: The transition period ends on 30 June 2003, unless the Minister sets a shorter period by notice in the Government Gazette.
47. Section 13 of the Local Government: Municipal Structures Amendment Act, 2000. is hereby amended by the substitution for subsection (1) of the following subsection: “ ( I ) The transition ends [two years from the date of the first election of 45 municipal councils in terms of the Structures Act, unless the Minister determines a shorter period by notice in the Government Gazette] on 30 June 2003.”. 26 No. 24149 GOVERNMENT GAZElTE, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 CHAPTER 7 MISCELLANEOUS MATTERS Repeal of legislation
Part
CHAPTER 7
- 48 Verify source ↗
The legislation specified in the first-column of the Schedule is hereby repealed to
AI-assisted research summary: This section repeals the legislation listed in the Schedule, but only to the extent shown in the Schedule’s second column.
48. The legislation specified in the first-column of the Schedule is hereby repealed to of the Schedule. column second in the indicated extent the 5 Short title - 49 Verify source ↗
This Act is called the Local Government Laws Amendment Act, 2002.
AI-assisted research summary: This section states the short title of the Act: the Local Government Laws Amendment Act, 2002.
49. This Act is called the Local Government Laws Amendment Act, 2002. 28 No. 24149 GOVERNMENT GAZETTE, 5 DECEMBER 2002 Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT Am, 2002 SCHEDULE (Section 48) Section 119 Extent of repeal Section 50 Title, number and year of law Local Government Ordinance, 1939 (Ordi- nance No. 17 of 1939) (Former Transvaal) Local Government Ordinance, 1962 (Ordi- nance No. 8 of 1962) (Former Orange Free State) Regulations for the Administration and Control Regulation 11 of Chapter 9 of Townships in Black Areas, 1962 (Proclama- tion No. R. 293 of 16 November 1962) Municipal Ordinance, 1974 (Ordinance No. 20 Section 96 of 1974) (Former Cape of Good Hope) Local Authorities Ordinance, 1974 (Ordinance Section 175 No. 25 of 1974) (Former Natal) Municipalities Act, 1979 (Act No. 25 of 1979) Section 94 (Former Transkei) Black Communities Development Act, 1984 Section 54(2)(a) (Act No. 4 of 1984) Municipal Act, 1987 (Act No. 17 (Former Ciskei) Proclamation No. R. 30 of 9 March 1988 Regulations Regarding Local Councils, 1988 (Government Notice No. R. 25 17 of 9 Decem- ber 1988) Regulation 17 Regulation 43(5) of 1987) Section 91
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