Government Gazette

Vol. 421, No. 21270, 12 July 2000

GENERAL NOTICE

Notice 2592 of 2000

DEPARTMENT OF PROVINCIAL AND LOCAL GOVERNMENT

LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT, 1998 POLICY FRAMEWORK FOR THE ADJUSTMENT OF DIVISION OF FUNCTIONS AND POWERS BETWEEN DISTRICT AND LOCAL MUNICIPALITIES

The Minister for Provincial and Local Government has, under section 92 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), read with section 85 (1) of that Act, made the regulations regarding a Policy Framework for the Adjustment of Division of Functions and Powers between District and Local Municipalities as set out in the Schedule.


SCHEDULE

Definitions

  1. In these regulations, unless the context otherwise indicates, a word or a phrase to which a meaning has been assigned in the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) (hereinafter referred to as the "Municipal Structures Act"), has that meaning.

Determination of policy framework

  1. The MEC for local government in a province may adjust the division of functions and powers between a district and a local municipality by allocating a function or power as contemplated by section 85 (1) of the Municipal Structures Act, within the following policy framework:
  1. The allocation of a function or power may only be made under the circumstances and in the manner provided for in section 85 of the Municipal Structures Act.
  2. The allocation of a function or power must be aimed at
  1. equitable, efficient, affordable, economical and sustainable access to basic municipal services by all consumers;
  2. the placement of responsibility of providing municipal services as close as possible to the communities the services are meant to serve;
  3. minimising costs of services to consumers or customers;
  4. achieving economies of scale in the delivery of services;
  5. minimising jurisdictional spillovers;
  6. benefiting the greatest number of residents;
  7. causing the least disruptive effect on the delivery of services;
  8. promoting a safe and healthy environment;
  9. promoting efficient, effective and accountable public administration;
  10. promoting co-operative government; and
  11. addressing the historical inequities in society.

Short title

  1. These regulations are called the Policy Framework for the Adjustment of Division of Functions and Powers Regulations, 2000.