Local Government Municipal Structures Amendment Act
This provision amends section 26 by replacing paragraph (b) and describes how a local council representative sits on a district council, including when the term ends and what happens if the person is replaced.
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- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 20 of 2002
- Version
- Undated source snapshot
- Language
- en
- Updated
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Statute overview
About this statute
This provision amends section 26 by replacing paragraph (b) and describes how a local council representative sits on a district council, including when the term ends and what happens if the person is replaced. Section 27 of the Structures Act is amended by deleting paragraphs (c) and 07. If a municipal council’s composition changes under Schedule 6A, the speaker must convene council meetings to deal with the change, and the first meeting must be held within 7 days in the specified cases. This section amends section 62 of the Structures Act by inserting a paragraph that requires CAI to determine a mechanism for appointing councillors. This section sets the composition of metropolitan subcouncils and how councillors are selected and appointed.
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Provisions of Local Government Municipal Structures Amendment Act
Showing 25 of 25
- 1 Verify source ↗
Section 26 of the Local Government: Municipal Structures Act, 1998 (hereinafter
AI-assisted research summary: This provision amends section 26 by replacing paragraph (b) and describes how a local council representative sits on a district council, including when the term ends and what happens if the person is replaced.
1. Section 26 of the Local Government: Municipal Structures Act, 1998 (hereinafter referred to as the Structures Act), is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph: 5 “(b) is appointed as a representative of a local council to a district council for a period ending when the next local council is declared elected, except that where such a person is replaced as a result of the provisions of item 6(a) of is to the Constitution, the newly appointed representative Schedule 6A appointed for the remainder of the replaced representative’s term.”. 10 Amendment of section 27 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000 and section 121 of Act 32 of 2000
Part
Schedule 6A
- 2 Verify source ↗
Section 27 of the Structures Act is hereby amended by the deletion of paragraphs
AI-assisted research summary: Section 27 of the Structures Act is amended by deleting paragraphs (c) and 07.
2. Section 27 of the Structures Act is hereby amended by the deletion of paragraphs (c) and 07. Amendment of section 29 of Act 117 of 1998 - 3 Verify source ↗
Section 29 of the Structures Act is hereby amended by the addition of the following
AI-assisted research summary: If a municipal council’s composition changes under Schedule 6A, the speaker must convene council meetings to deal with the change, and the first meeting must be held within 7 days in the specified cases.
3. Section 29 of the Structures Act is hereby amended by the addition of the following subsection: “(3) Where the composition of a municipal council has been changed as a result of the provisions of item 2, 3 or 7 of Schedule 6A to the Constitution, the speaker of that council must, subject to item 6(b) of Schedule 6A to the Constitution, convene council meetings for purposes of dealing, amongst others, with the consequences of such a change, the first of which meetings must- (a) in the case of a metro council or a local council, take place within seven days after the expiry of a period referred to in item 4( l)(a)(i) or (ii) of Schedule 6A to the Constitution; and (b) in the case of a district council, take place within seven days after the completion of the appointments referred to in item 6(b)(ii) of Schedule 6A to the Constitution.”. Amendment of section 62 of Act 117 of 1998 - 4 Verify source ↗
Section 62 of the Structures Act is hereby amended by the insertion in subsection
AI-assisted research summary: This section amends section 62 of the Structures Act by inserting a paragraph that requires CAI to determine a mechanism for appointing councillors.
4. Section 62 of the Structures Act is hereby amended by the insertion in subsection (1) after paragraph (c) of the following paragraph: “(CAI determines a mechanism that complies with Part 2 of Schedule 4 for the appointment of councillors in terms of section 63(2)(b)(ii);”. Substitution of section 63 of Act 117 of 1998 - 5 Verify source ↗
The following section is hereby substituted for section 63 of the Structures Act:
AI-assisted research summary: This section sets the composition of metropolitan subcouncils and how councillors are selected and appointed.
5. The following section is hereby substituted for section 63 of the Structures Act: “Composition 63. (1) Each metropolitan subcouncil consists of- ( a ) the councillors representing the wards included in the subcouncil area; and f b ) an additional number of councillors [determined by the metro of paragraph (a) and this council so that the combined total paragraph is substantially in the same proportion to. the total number of councillors in the council as the number of registered voters in the area of the subcouncil is in proportion to the total 15 20 25 30 35 40 45 4 No. 23543 Act No. 20,2002 GAZETTE, GOVERNMENT 20 JUNE 2002 LOCAL GOVERNMENT MUNICIPAL STRUCTURES AMENDMENT ACT, 2002 number of registered voters in the municipality] allocated in terms of Part 1 of Schedule 4, except that where- (i) metropolitan subcouncils are established; (ii) the areas of existing metropolitan subcouncils are changed; or (iii) the number of existing metropolitan subcouncils are changed, after the composition of a metro council has changed as a result of the provisions of item 2, 3 or 7 of Schedule 6A to the Constitution, the additional number of councillors is determined by the metro council so that the seats held by councillors referred to in subsection (2)(a) are as far as possible equally distributed amongst all the metropolitan subcouncils. ( I A ) Where metropolitan subcouncils have been established before the commencement of the Local Government: Municipal Structures Amend- ment Act, 2002. subsection (l)(b) continues to apply as if it was not amended by that Act until- ( a ) the first election of all municipal councils after such commencement; 15 10 5 or ( b ) the areas or the number of existing metropolitan subcouncils are changed as provided for in subsection ( l)(b)(ii) or (iii), whichever occurs first. (2) The councillors referred to in subsection ( l ) ( b ) must- 20 (a) consist of councillors elected to the metro council from party lists in accordance with Part 3 of Schedule 1; and ( b ) be appointed to the metropolitan subcouncil- (i) in accordance with Part 1 of Schedule 4; g - (ii) where the composition of the metro council in question has 25 changed as a result of the provisions of item 2.3 or 7 of Schedule 6A to the Constitution, in accordance with the mechanism referred to in section 62( l)(cA). (3) Item 3 of the Code of Conduct for Councillors set out in Schedule 1 to the Local Government: Municipal Systems Act, 2000, does not apply to 30 the speaker, executive mayor, a member of the mayoral committee or a in respect of member of meetings of a metropolitan subcouncil of which such an office bearer is a member.”. the executive committee, as the case may be, Substitution of section 66 of Act 117 of 1998 - 6 Verify source ↗
The following section is hereby substituted for section 66 of the Structures Act:
AI-assisted research summary: This section says metropolitan subcouncil members under section 63(1)(b) are appointed for a term ending under subsection (2) and section 67, and replacement members serve out the remainder of the replaced member’s term.
6. The following section is hereby substituted for section 66 of the Structures Act: “Term of office of members 66. ( 1 ) The section 63( l)(b) members of a metropolitan subcouncil are [electewappointed for a term ending, subject to subsection ( 2 ) and section next 67. when the ( 2 ) Where a section 63(1)(b) member of a metropolitan subcouncil is replaced as a result of the provisions of item 6(b) of Schedule 6A to the subject to section 67, Constitution. the newly appointed member is, appointed for the remainder of the replaced member’s term.”. metro council is declared elected. Insertion of new section after section 93 of Act 117 of 1998 - 7 Verify source ↗
The following sections are hereby inserted after section 93 of the Structures Act:
AI-assisted research summary: This section says new sections are inserted after section 93 of the Structures Act, beginning with a provision titled “Special measures for application Constitution of item 6 of Schedule 6A to”.
7. The following sections are hereby inserted after section 93 of the Structures Act: 35 40 45 “Special measures for application Constitution of item 6 of Schedule 6A to - 93A Verify source ↗
Where the provisions of item 6 of Schedule 6A to the Constitution
AI-assisted research summary: When item 6 of Schedule 6A to the Constitution applies, municipal council meetings are exempt from the prior notice requirement in sections 40, 53(1), and 58 during the period in item 6(b).
93A. Where the provisions of item 6 of Schedule 6A to the Constitution apply, the requirement of prior notice referred to in sections 40, 53( 1) and 58. respectively, does not apply to meetings of a municipal council during the period referred to in item 6(b) of Schedule 6A to the Constitution. 50 Publication of notice Commission Electoral by I GAZETTE, GOVERNMENT 20 JUNE 2002 No. 23543 5 LOCAL GOVERNMENT MUNICIPAL STRUCTURES Act No. 20,2002 AMENDMENT ACT, 2002 - 93B Verify source ↗
The Electoral Commission must, within seven days of the expiry of
AI-assisted research summary: The Electoral Commission must publish a Gazette notice within seven days after the relevant period ends for each affected municipal council, and the notice must list the seat allocations and councillor/ward details specified in the section.
93B. The Electoral Commission must, within seven days of the expiry of a period referred to in item 4(l)(a)(i) or (ii) of Schedule 6A to the Constitution, publish a notice in the Gazette in respect of each municipal council whose composition has changed as a result of any conduct in terms of item 2, 3 or 7 of that Schedule, which must reflect- (a) the number of seats allocated to each party represented in that council; ( b ) the name of, and party represented by each councillor in the proportionally elected component of that council: and the wards and the names of, and if applicable the party affiliation of, ward representatives in that council.”. (c) 5 10 Substitution of item 10 of Schedule 1 to Act 117 of 1998, as amended by section 93 of Act 27 of 2000 - 8 Verify source ↗
The following item is hereby substituted for item 10 of Schedule 1 to the Structures
AI-assisted research summary: Only a party may submit a list of candidates. A party that gained municipal representation under specified Schedule 6A provisions may submit such a list within seven days after the relevant period ends.
8. The following item is hereby substituted for item 10 of Schedule 1 to the Structures Act: “Submission of lists of candidates 10. (1) A list of candidates may be submitted only by a party. ( 2 ) A party that has gained representation in a municipality as a result of the provisions of item 2, 3 or 7 of Schedule 6A to the Constitution, may submit a list of candidates within seven days after the expiry of a period referred to in item 4(l)(a)(i) or (ii) of Schedule 6A to the Constitution.”. Substitution of item 4 of Schedule 2 to Act 117 of 1998, as amended by section 93 of Act 27 of 2000 - 9 Verify source ↗
The following item is hereby substituted for item 4 of Schedule 2 to the Structures
AI-assisted research summary: Only a party may submit a list of candidates. A party that gained municipal representation under the cited Constitution items may submit such a list within seven days after the relevant period expires.
9. The following item is hereby substituted for item 4 of Schedule 2 to the Structures Act: “Submission of lists of candidates 4. (lJ A list of candidates may be submitted only by a party. L2) A party that has gained representation in a municipality as a result of the provisions of item 2, 3 or 7 of Schedule 6A to the Constitution, may submit a list of candidates within seven days after the expiry of a period referred to in item 4( l)(a)(i) or (ii) of Schedule 6A to the Constitution.”. Substitution of Schedule 4 to Act 117 of 1998 - 10 Verify source ↗
The following Schedule is hereby substituted for Schedule 4 to the Structures Act:
AI-assisted research summary: This section substitutes a new Schedule 4 for the Structures Act, setting out how seats in metropolitan subcouncils are allocated to parties from party-list elections.
10. The following Schedule is hereby substituted for Schedule 4 to the Structures Act: 15 20 25 30 “SCHEDULE 4 Part 1: Method of allocating councillors elected from party lists to metropolitan subcouncils 35 Allocating seats to parties 1. (1) The seats in the section 63(l)(b) component of a metropolitan subcouncil are allocated to each party in accordance with the following formula (fractions to be disregarded)- A , x c Where- A represents the total number of valid votes cast for each party on the party vote in the area of the metropolitan subcouncil; represents the total number of valid votes cast for each party on the party vote in the area of the metro council; and B 40 45 6 No. 23543 Act No. 20,2002 GAZETTE, GOVERNMENT
Part
Part 1: Method of allocating councillors elected from party
- 20 Verify source ↗
JUNE 2002
AI-assisted research summary: If tied fractions remain and there are too few seats to go around, the party must choose which subcouncils get the seats.
20 JUNE 2002 LOCAL GOVERNMENT: MUNICIPAL STRUCTURES AMENDMENT ACT, 2002 C represents the total number of seats allocated to each party in the metro council in accordance with Part 3 of Schedule 1. (2) If all the seats held by councillors elected to the metro council from party lists in accordance with Part 3 of Schedule 1 have not been allocated in terms of subitem (l), the remaining number of seats are allocated to the parties represented in the metro council in accordance with the following formula: A - B = C Where- A represents the total number of seats allocated to a party council in accordance with Part 3 of Schedule 1; represents the total number of seats allocated to a party in subitem (1); and represents a positive number. B C in the metro terms of (3) ( a ) The number of seats allocated to a party in terms of subitem (2) in sequence of the for the respective subcouncils are distributed amongst the metropolitan subcouncils highest fractions obtained by that party during the calculations in terms of subitem (1). (b)If the fraction for two or more subcouncils is equal, and the number of seats still to be distributed are less than the number of subcouncils to which the equal fractions apply, the party must elect to which of those subcouncils such seats are to be distributed. 5 10 15 20 Part 2: Principles of allocating councillors electedfrom party lists to metropolitan subcouncils 25 Principles of allocating seats to parties - 1 Verify source ↗
Allocating seats to parties
AI-assisted research summary: This provision is about allocating seats to parties for councillors elected from party lists to metropolitan subcouncils.
1. Allocating seats to parties Part 2: Principles of allocating councillors elected from party lists to metropolitan subcouncils
Part
Part 2: Principles of allocating councillors electedfrom party
- 2 Verify source ↗
The seats
AI-assisted research summary: Seats in the section 63(l)(b) component of a metropolitan subcouncil must be allocated to parties represented in the metro council so that representation is fair and consistent with democracy.
2. The seats in the section 63(l)(b) component of a metropolitan subcouncil must be allocated to parties represented in the metro council in a manner that will allow parties and interests reflected in the metro council to be fairly represented in the metropolitan subcouncil in a manner consistent with democracy, taking into account reflected in the section 63( l)(a) component of that metropolitan subcouncil. the parties and interests 30 Part 3: General principles Designation of councillors for metropolitan subcouncils 35
Part
Part 3: General principles
- 3 Verify source ↗
Each party represented in a metro council must designate from among
AI-assisted research summary: Each party represented in a metro council must choose its representatives to each metropolitan subcouncil from councillors who do not represent wards.
3. Each party represented in a metro council must designate from among the councillors not representing wards, its representatives to each metro- politan subcouncil in the municipality with regard to which seats were allocated to it in accordance with Part 1 or the principles set out in item 2. Councillors to serve on one metropolitan subcouncil only 40 - 4 Verify source ↗
No councillor may serve on more than one metropolitan subcouncil.
AI-assisted research summary: A councillor may not serve on more than one metropolitan subcouncil.
4. No councillor may serve on more than one metropolitan subcouncil. Vacancies - 5 Verify source ↗
Parties must fill vacancies as they occur.”.
AI-assisted research summary: Parties must fill vacancies as they arise.
5. Parties must fill vacancies as they occur.”. Amendment of Table of Contents of Act 117 of 1998 - 11 Verify source ↗
The Table of Contents of the Structures Act is hereby amended-
AI-assisted research summary: This section amends the Table of Contents of the Structures Act by replacing the reference to Schedule 4.
11. The Table of Contents of the Structures Act is hereby amended- 45 ( a ) by the substitution for the reference to Schedule 4 of the following reference: GOVERNMENT GAZETTE, 20 JUNE 2002 LOCAL GOVERNMENT MUNICIPAL STRUCTURES AMENDMENT ACT, 2002 “SCHEDULE 4 No. 23543 I Act No. 20,2002 Part 1: Method of allocating councillors elected from party lists to metropolitan subcouncils - 3 Verify source ↗
Designation of councillors for metropolitan subcouncils
AI-assisted research summary: This section is about the designation of councillors for metropolitan subcouncils.
3. Designation of councillors for metropolitan subcouncils - 4 Verify source ↗
Councillors to serve on one metropolitan subcouncil only
AI-assisted research summary: Councillors must serve on only one metropolitan subcouncil.
4. Councillors to serve on one metropolitan subcouncil only - 5 Verify source ↗
Vacancies”; and
AI-assisted research summary: This provision amends a statutory reference list by adding section 93A after section 93.
5. Vacancies”; and (b) by the insertion after the reference to section 93 of the following references: 5 10 “93A. Special measures for the application of item 6 of Schedule 6A to the - . Constitution - 93B Verify source ↗
Publication of notice by Electoral Commission”
AI-assisted research summary: An unregistered political party is treated as a party for item 7, but it must apply for registration within the item 7 period.
93B. Publication of notice by Electoral Commission” 15 Registration of new parties for purposes of Schedule 6A to Constitution 12. (1) A party which has not been registered in terms of any law applicable to the registration of political parties will be regarded as a party for the purposes of item 7 of Schedule 6A to the Constitution, but such a party must apply for registration as a party in accordance with applicable law within the period referred to in item 7 of Schedule 6A 20 to the Constitution. If the party is not registered accordingly within four months after the expiry of that period, it is regarded as having ceased to exist as a party, and the seats in question must be allocated to the remaining parties, with the necessary changes, as if such seats were forfeited seats in terms of applicable law. ( 2 ) For the purposes of items 2 and 3 of Schedule 6A to the Constitution, “party” 25 means a party duly registered as a political party in accordance with applicable law, including a party so registered during a period referred to in item 4( l)(a)(i) or (ii) of Schedule 6A to the Constitution. Transitional arrangement
Part
Part 2: Principles of allocating councillors elected from
- 2 Verify source ↗
Principles of allocating seats to parties
AI-assisted research summary: Section heading: Principles of allocating seats to parties.
2. Principles of allocating seats to parties Part 3: General principles
Part
Schedule 6A to the Constitution.
- 13 Verify source ↗
Despite section 14(2), a metro council may determine the mechanism referred to 30
AI-assisted research summary: A metro council may determine the specified mechanism by resolution for a limited time, and the Act’s commencement rules set when the Act and section 4 begin to operate.
13. Despite section 14(2), a metro council may determine the mechanism referred to 30 in section 62( l)(cA) of the Local Government: Municipal Structures Act, 1998, by way of resolution until a period of 30 days following the period referred to in item 7 of Schedule 6A to the Constitution, has expired. Short title and commencement 14. (1) This Act is called the Local Government: Municipal Structures Amendment 35 Act, 2002, and with the exception of section 4, comes into operation on the date that the Constitution of the Republic of South Africa Amendment Act, 2002, comes into operation. ( 2 ) Section 4 comes into operation after a period of 30 days following the period of 15 to in item 7 of Schedule 6A to the Constitution, has expired. days referred 40
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