Constitution of the Republic of South Africa Second Amendment Bill (B 85A-1998)

20th July 1998

That the following be a new Clause 1: Amendment of section 155 of Act 108 of 1996 1. Section 155 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the principal Act), is hereby amended by the insertion after subsection (6) of the following subsection: ‘‘(6A) If the criteria envisaged in subsection (3)(b) cannot be fulfilled without a municipal boundary extending across a provincial boundary— (a) that municipal boundary may be determined across the provincial boundary, but only— (i) with the concurrence of the provinces concerned; and (ii) after the respective provincial executives have been authorised by national legislation to establish a municipality within that municipal area; and (b) national legislation may— (i) subject to subsection (5), provide for the establishment in that municipal area of a municipality of a type agreed to between the provinces concerned; (ii) provide a framework for the exercise of provincial executive authority in that municipal area and with regard to that municipality; and (iii) provide for the re-determination of municipal boundaries where one of the provinces concerned withdraws its support of a municipal boundary determined in terms of paragraph (a).’’.