Issued by: SA Communication Service
MEDIA RELEASE BY MR M V MOOSA, MINISTER FOR PROVINCIAL AFFAIRS AND CONSTITUTIONAL DEVELOPMENT ON THE FURTHER REGULATION OF LOCAL GOVERNMENTS BILL, 26 JULY 1996
The Local Government Transition Act regulates the pre-interim phase in respect of local government which ended with the completion of the local government elections. There are however no provisions which regulate the interim phase which is the period that commenced after the elections have been completed and which ended with the implementation of the final arrangements. It has therefore become urgently necessary to legislate on certain matters which will regulate the interim phase. It is envisaged that if such legislation is not passed during the current Parliamentary session, it will detrimentally affect the functioning of the newly elected local government structures.
A technical local government task team was established to examine the requirements for this interim phase and after broad consultation with all role-players the matters that were necessary to legislate on were then finalised in the form of the Further Regulation of Local Government Bill.
The matters which were identified and which are dealt with in the Bill are the following:
1. provision for the appointment of non-elected persons as chairpersons of district councils. This provision has been included as in certain cases non-elected persons have been appointed as chairpersons of district councils, and this provision envisages to set a deadline of 31 December 1997, whereafter all chairpersons must be elected; 2. that a district council shall be composed on a proportional basis; 3. the insertion of a new section into the LGTA which provides for the following:
3.2 the determination of powers and functions of district councils vis-a-vis local councils, rural councils and representative councils;
3.3 that a metropolitan council must consult with its metropolitan local councils before certain contributions are determined and claimed;
3.4 the intervention in cases where a metropolitan local council, local council, rural council or a representative council cannot or does not exercise or perform a power or function;
3.5 that any municipality may enter into an agreement with another municipality, person or institution in respect of the exercise of a power or the performance of a function;
3.6 a dispute resolution mechanism in cases where a dispute arises between municipalities in respect of the exercise of a power or the performance of a function;
3.7 determines that the powers and functions of a district council, local council and rural council shall be those contained in the proclamation establishing such council as well as those allocated, assigned or delegated to such council;
3.8 a mechanism whereby a representative council may be allocated powers and functions by a MEC if such representative council is in a position and has the capacity to exercise such powers and perform such functions;
3.9 the combination and division of the areas of jurisdiction of municipalities, the alteration of the name of a municipality and the demarcation of redemarcation of its area of jurisdiction, the delimitation and redelimitation of the area of jurisdiction of a municipality into wards, and for the determination and redetermination of the number of seats of a municipality;
3.10 the recognition of one organisation representing municipalities at national level and one organisation in each of the nine provinces representing municipalities in such provinces;
3.11 various financial matters that shall be applicable to all municipalities including the budgeting procedure, the award of contracts, the valuation or measurement of immovable property as well as for the levying and recovery of property rates, levies, fees, taxes and tariffs, and the instruments in which a municipality may invest funds;
3.12 regulation of matters which relate to by-elections and the maintenance and updating of voters' rolls;
3.13 places an obligation on municipalities to furnish information at the request of the Minister or MEC;
3.14 provides for the establishment and composition of municipal demarcation boards for each of the nine provinces as well as for matters incidental thereto;
3.15 a general provision empowering the Minister to make regulations; and
3.16 to remove the Administrator's powers to legislate by means of proclamation, to provide that existing proclamations remain in force, to empower the MEC in consultation with the Minister to amend or repeal such proclamation and to provide for cases where there are inconsistencies between the provisions of proclamations and provisions of the Bill.
The Bill has been submitted to Cabinet, and also published in the Gazette today for written recommendations before 22 August 1996 whereafter further amendments to the Bill may be necessary.
The Bill will be available on the Internet today.
For more information please contact Mr Mpho Mosimane (082) 5525212