Issued by: Government Communications (GCIS)
Prior to 1993, there existed approximately 1300 different municipalities. Chapter 10 of the then (1993) Constitution and the promulgation of the Local Government Transition Act No. 209 of 1993 led to local government becoming deracialised and democratised. Spatially, we have witnessed the birth of nine new provinces, as well as the birth of spatial entities identified as TLC's, TMC's and TRC's. During the 1995/96 elections, 843 municipalities were formed. This emergent geography of South Africa in terms of a provincial dispensation is one of the many phases through which the country has gone in an attempt to address regionalisation and the subsequent delivery or non-delivery of services.
Some areas are wealthy while many still do not have basic services. There is a big divide between rural and urban settlements. Cities and towns are badly designed - the poorest people live furthest from work, and from services and facilities. In rural areas, millions of people living in former homelands have little or no access to economic opportunity or to basic services. Small rural towns do not serve the needs of the majority of people living on the land around them. Project viability studies have since identified approximately 250 municipalities that are experiencing, amongst others, financial difficulties.
Therefore, there is a need for the redemarcation of municipalities to address this shortcoming and to ensure viable, integrated and developmental local government. Our people demand this, and our Constitution echoes this demand.
Sections 151 and 155 of the Constitution provides for "wall to wall" local government for the whole of the territory of the Republic, as well as for legislation for the establishment of an independent authority for the determination of municipal boundaries.
The Local Government: Municipal Demarcation Act No. 27 of 1998, was promulgated on 3 July 1998, and provides for criteria and procedures for the determination of municipal boundaries by an independent authority - The Municipal Demarcation Board. This piece of legislation is part of the implementation process of legislation flowing forth from the White Paper on Local Government. It therefore presents an important and fundamental milestone in the transformation of local government, as the Board will determine function municipal boundaries in a wholly independent manner. The Board will address remaining apartheid municipal boundaries and seek to align municipal boundaries with other government administrative boundaries. It will also seek to establish financially and administrative viable municipalities. This Act is also the first piece of legislation that provides for the implementation of the White Paper on Local Government.
Members of the Board must be South African citizens and have a qualification or experience in or knowledge appropriate to-
(a) local government generally; or
(b) any of the following:
(i) development economics;
(ii) integrated development planning;
(iii) community development;
(iv) traditional leadership and traditional communities;
(v) local government and municipal administration;
(vi) municipal finance;
(vii) Municipal services;
(viii) social or economic geography;
(ix) town and regional planning;
(x) legal and constitutional matters affecting local government;
(xi) land survey, cartography and geographic information systems;
(xii) public health care; or
(xiii) transport planning.
The composition of the Board, apart from being broadly representative of South African society and reflecting regional diversity, should collectively represent a pool of knowledge concerning issues relevant to municipal demarcation in each of the provinces.
The Minister for Provincial Affairs and Constitutional Development has resolved that the Board be constituted by eleven members and that they be appointed on a part-time basis, with the exception of the chairperson and the deputy chairperson who will be appointed on a full-time basis. This arrangement is subject to review after the Minister meets with the Board.
The selection panel, legally established in terms of the provisions in the Act, is constituted by:
(i) Judge P N Langa, Deputy President of the Constitutional Court:
(ii) Judge R H Zulman, Supreme Court of Appeal;
(iii) Ms P Ntombela-Nzimande, Acting Chairperson of the Commission on Gender Equality;
(iv) Mr Z Titus, Director-General of the Department of Constitutional Development;
(v) Cllr C Matjila, Chairperson of the South African Local Government Association; and
(vi) Mr M Bhabha, Chairperson of the Select Committee on Constitutional Development, Local Government and Public Administration in the National Council of Provinces.
After advertising extensively in the media from 14 July 1998, a total of 533 applications were received on the closing date of 4 September 1998. After the third meeting of the selection panel, 42 applicants were shortlisted. A list of 14 names will be submitted to Parliament, whereafter the President must make the required number of appointments from the list. The shortlisted candidates, who must also attend an interview, are listed in no specific order hereunder:
Prof R Cameron (Western Cape) S De Gois (Western Cape) P D Dludla (Gauteng) J V du Plessis (Free State) R Hartslief (Free State) J M Leshaba (North West) R M Lyster (KwaZulu Natal K Maape (North West) Prof L M Magi (KwaZulu Natal) B N Makalima-Ngewana (Eastern Cape) P Mansfield (KwaZulu Natal) A P Marais (Northern Cape) D M Mashitisho (Gauteng) N A Mateta (Northern Province) A M Mogale (Northern Cape) M L Mokwena (Nothern Cape) R Najjaar (Western Cape) A B M Ndebele (KwaZulu Natal) L F Platzky (Western Cape) J Rademeyer (Mpumalanga) D D Ramoo (Eastern Cape) K P S Roome (Western Cape) J J van L Sadie (Free State) F T Sithole (Mpumalanga) S P D Skosana (Mpumalanga) J M Subban (KwaZulu Natal) V Supersad (KwaZulu Natal) G N Thekisho (North West) M Titus (Eastern Cape) Prof R Tomlinson (Gauteng) R G Willemse (Gauteng) P B Yako (Eastern Cape) C A Younge (Western Cape) J R Bhana (Eastern Cape) P E Mahapa (Northern Cape) V Mlokoti (Eastern Cape) R Monyamane (Mpumalanga) T Mphahlane (North West) P F Radebe (Gauteng) T J Ramovho (Northern Province) J A Singh (Gauteng) Dr M O Sutcliffe (KwaZulu Natal)
Interviews will be open to the public and the press in the same way as are court proceedings, and will take place in the Constitutional Court, 33 Hoofd Street, Braamfontein during the period 26 - 28 October 1998. The above-named will be contacted by the secretariat in due course to finalise travel and other arrangements.
Issued by Justice P N Langa Chairperson of the Demarcation Board Date: 15 October 1998-10-15
Enquiries: Judge Langa at (011) 359 7445 or 082 5684477