Cross-boundary Municipalities Laws Repeal and Related Matters Act

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Published: 2005-12-23

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Cross-boundary Municipalities Laws Repeal and Related Matters Act [ No 23 of 2005].


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 486 Cape Town 23 December 2005 No. 28363
THE PRESIDENCY No. 1261 23 December 2005
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 23 of 2005: Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005.

2 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
Act No. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005
(English text signed by the President.) (Assented to 22 December 2005.)
ACT TO-
amend the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), so as to delete a provision in respect of cross-boundary municipalities; repeal the Local Government: Cross-boundary Municipalities Act, 2000 (Act No. 29 of 2000); repeal the Re-determination of the Boundaries of Cross-boundary Munici- palities Act, 2000 (Act No. 69 of 2000); repeal the Re-determination of the Boundaries of Cross-boundary Munici- palities Act, 2005 (Act No. 6 of 2005); provide for consequential matters as a result of the re-alignment of former cross-boundary municipalities and the re-determination of the geographical areas of provinces; and provide for matters connected therewith.
PREAMBLE
SINCE the Constitution Twelfth Amendment Act of 2005 provides for the re-determination of the geographical areas of the provinces;
SINCE in terms of the Constitution Twelfth Amendment Act of 2005 cross-boundary municipalities are no longer possible;
SINCE an Act amending the Constitution may not include provisions other than con- stitution amendments and matters connected with the amendments;
SINCE it is necessary to provide for the repeal of all provisions dealing with cross- boundary municipalities; and
SINCE it is necessary to provide for consequential arrangements as a result of the re-alignment of former cross-boundary municipalities and the re-determination of the geographical areas of provinces,
OW THEREFORE BE IT ENACTED by the Parliament of the Republic of South N Africa. as follows:- Definitions
1. In this Act, unless the context indicates otherwise- “cross-boundary municipality” means a municipality envisaged in section 155(6A) of the Constitution of the Republic of South Africa, 1996, as it existed immediately before the commencement of the Constitution Twelfth Amendment Act of 2005; “Municipal Demarcation Board” means the board established by section 2 of the
“MEC for local government” means the member of the Executive Council of a province responsible for local government in the province;
5
Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998); 10
4 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
Act NO. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005
“section 12 notice” means a notice provided for in section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).
Consequential arrangements
2. (1) Despite any applicable provisions of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998), and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), the demarcation by the Municipal Demarcation Board as indicated in the second column of Schedule 2 of a municipality indicated in the first column of Schedule 2 is regarded as a demarcation in terms of the Local Government: Municipal Demarcation Act, 1998, of a municipality-
(b) within the province indicated in the fourth column of Schedule 2. (2) (a ) Despite any applicable provisions of the Local Government: Municipal
Structures Act, 1998, a section 12 notice referred to in the first column of Schedule 3 in respect of a municipality referred to in the second column of Schedule 3 is regarded as the section 12 notice- 15
(i) of a newly established municipality with the designation indicated in the third column of Schedule 3; and
(ii) issued by the MEC for local government of the province indicated in the fourth column of Schedule 3.
(b) Despite any applicable provisions of the Local Government: Municipal Structures 20 Act, 1998, any municipality referred to in paragraph (a)(i) is regarded to be the successor in law of the municipality as designated in the second column of Schedule 3.
(3) Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), and the Electoral Commission Act, 1996 (Act No. 51 of 1996), an MEC for local 25 government, the Municipal Demarcation Board and the Electoral Commission may take any steps in respect of a municipality referred to in the second column of Schedule 3 to prepare for a general election of all municipal councils in respect of any newly established municipality envisaged by subsection (2).
(4) (a) Despite any applicable provisions of the Local Government: Municipal 30 Demarcation Act, 1998 (Act No. 27 of 1998), and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), the proposed demarcation by the Municipal Demarcation Board of a municipality as indicated in the first column of Schedule 4 is regarded as a demarcation in terms of the Local Government: Municipal Demarcation
5
(a) with the designation indicated in the third column of Schedule 2; and 10
Act, 1998, of a municipality- 35 (i) with the designation indicated in the second column of Schedule 4; and
(ii) in the province indicated in the third column of Schedule 4. (b) Despite any applicable provisions of the Local Government: Municipal Structures
Act, 1998, the proposed section 12 notice referred to in the first column of Schedule 5 in respect of a proposed municipality referred to in the second column of Schedule 5 is 40 regarded as the section 12 notice-
(i) of a newly established municipality with the designation indicated in the second column of Schedule 5; and
(ii) issued by the MEC for local government of the province indicated in the third column of Schedule 5. 45
(c) Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, any municipality referred to in paragraph (b)(i) is regarded to be the successor in law of the municipality referred to in the fourth column of Schedule 5 .
(d) Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), 50 and the Electoral Commission Act, 1996 (Act No. 51 of 1996), an MEC for local government, the Municipal Demarcation Board and the Electoral Commission may take any steps in respect of a municipality referred to in the second column of Schedule 5 to prepare for a general election of all municipal councils in respect of any newly established municipality envisaged by this subsection. 55
6 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
Act No. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATERS ACT, 2005
Repeal of laws
3. The laws specified in Schedule 1 are repealed to the extent set out in the third column of Schedule 1.
Savings
4. (1) Where a particular area will in future as a result of this Act be relocated in a province (the receiving province) other than the province (releasing province) in which it was located before the commencement of this Act-
5
(a) any licence, permit or authorisation issued; (b) any appointment made to any office; or (c) any right, privilege, obligation or liability acquired, accrued or incurred, 10
in terms of a law applicable in the releasing province will continue to have the force of law until revoked, withdrawn or replaced in terms of a law applicable in the receiving province.
(2) An MEC for local government may, by way of an amendment to an applicable section 12 notice, regulate any legal, practical or other consequences of the relocation of 15 an area referred to in subsection (1) in so far as such regulation is necessary to ensure the proper functioning of a municipality in whose area of jurisdiction such relocated area falls.
Wansitional arrangements regarding the transfer of provincial functions, assets and liabilities 20
5. (1) Where a particular area is relocated from one province (the releasing province) to another province (the receiving province) at the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005-
(a) any function exercised or service delivered by the provincial government of the releasing province in the area in question must, subject to subsections (2) 25 and (3), be exercised or delivered by the provincial government of the receiving province; and
(b) any asset, right, obligation, duty or liability associated or connected with the exercise of such function or the delivery of such service vests in the provincial government of the receiving province.
(2) The provincial government of the releasing province and the provincial government of the receiving province may before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005 enter into an implementation protocol in terms of section 35 of the Intergovernmental Relations Framework Act, 2005
(a) the provincial government of the releasing province to continue exercising a function or delivering a service on an agency basis in the area in question; or
(b) the transfer of staff in accordance with applicable labour law from the provincial government of the releasing province to the provincial government of the receiving province. 40
(3) (a) If an agreement on the content of an implementation protocol envisaged in subsection (2) cannot be reached before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005, the matter must be referred to the National Council of Provinces.
(b) The National Council of Provinces is mandated to assist the provincial 45 governments concerned in any manner necessary in order to reach agreement within two months after the commencement of sections 2 to 4 of the Constitution 'helfth Amendment Act of 2005.
(c) If no agreement is reached within the period referred to in paragraph (b), subsection (1) applies without any exception.
(d) Where a matter has been referred to the National Council of Provinces as provided for in paragraph (a), the provincial government of the releasing province must continue to exercise any relevant function and deliver any relevant service in the area in question during the two month period referred to in paragraph (b).
30
(Act No. 13 of 2005), in order to provide for- 35
50
8 No.28363 GOVERNMENT GAZETIE, 23 DECEMBER 2005
Act NO. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MAlTERS ACT, 2005
(4) Where an implementation protocol has been concluded as provided for in subsections (2) and (3), the President's Co-ordinating Council referred to in section 6 of the Intergovernmental Relations Framework Act, 2005, must co-ordinate the implemen- tation of the protocol in question.
( 5 ) (a) Where immovable property vests in the provincial government of a receiving province in terms of subsection (I), the registrar of deeds having jurisdiction must upon the production of a certificate signed by both the premier of the releasing province and the premier of the receiving province, make such entries or endorsements in or on any relevant register, title deed or other document to register such immovable property in the
(b) No duty, fee or other charge is payable in respect of a registration in terms of
5
name of the provincial government of the receiving province. 10
paragraph (a).
Short title and commencement
6. (1) This Act is called the Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005. 15
(2) Sections 2(3) and (4)(d), and 5 of this Act takes effect on the date of publication of the Act and all other provisions of this Act take effect on a date determined by the President by proclamation in the Gazette.
10 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
Act No. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005
Act No. 117 of 1998
Act No. 29 of 2000
SCHEDULE 1
Local Government: Municipal Section 90 Structures Act, 1998
Local Government: Cross-boundary The whole Municipalities Act, 2000
Laws repealed (Section 3)
Re-determination of the Boundaries of Cross-boundary Municipalities Act, 2000
I No. and year of law I Short title I Extent of reDeal
The whole.
Act No. 6 of 2005
Act No. 69 of 2000
Re-determination of the Boundaries of Cross-boundary Municipalities Act, 2005
The whole
12 No.28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
Act No. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005
New designation of mu- nicipality (where applicable)
EKU (Map No. 33 of the Schedule to Notice 1594 of 2005)
TSH (Map No. 32 of the Schedule to Notice 1594 of 2005)
DC47 (Map No. 15 of the Schedule to Notice 1594 of 2005)
NPO3a4 (Map No. 16 of the Schedule to Notice 1594 of 2005)
NP03a5 (Map No. 17 of the Schedule to Notice 1594 of 2005)
NP03a6 (Map No. 18 of the Schedule to Notice 1594 of 2005)
DC9 (Map No. 11 of the Schedule to Notice 1594 of 2005)
NC094 (Map No. 12 of the Schedule to Notice 1594 of 2005)
9C45 (Map No. 6 of the Schedule to Notice 1594 )f 2005)
W452 (Map No. 8 of the ichedule to Notice 1594 )f 2005)
JC451 (Map No. 7 of the Schedule to Notice 1594 )f 2005)
SCHEDULE 2
Province in respect of which de- marcation is deemed
Gauteng
Gauteng
Limpopo
Limpopo
Limpopo
Limpopo
Northern Cape
Northern Cape
Northern Cape
Northem Cape
Northern Cape
Demarcation of newly established municipalities in a province
Metropolitan Municipality Ekurhuleni
Metropolitan Municipality Tshwane
CBDC3 known as Sekhukhune District Municipality
CBLC3 known as Greater Marble Hall Local Municipality
Designation of municipality
Identified by Map No. 1 ol the Schedule to Notice 1179 of 2005
Identified by Map No. 2 of the Schedule to Notice 1179 of 2005
Identified by Map No. 10 of the Schedule to Notice 1179 of 2005
Identified by Map NO. 11 of the Schedule to Notice I179 of 2005
Demarcation notice and date
CBLC4 known as Greater Groblersdal Local Municipality
Identified by Map No. 12 of the Schedule to Notice 1179 of 2005
CBLC7 known as Phokwane Local Municipality
CBDCl known as Kgalagadi District Municipality
CBLCl known as Ga-Segonyana Cross- boundary Local Municipality
NWlal known as Moshaweng Local Municipality
CBLCS known as Greater Tubatse Local Municipal- ity
Identified by Map No. 25 of the Schedule to Notice 1179 of 2OO5
Identified by Map NO. 3 of the Schedule to Notice 1179 of 2005
Identified by Map No. 4 of the Schedule to Notice 1179 of 2OO5
Identified by Map NO. 5 of the Schedule to Notice 1179 of 2005
DC9 known as Frances Baud District Municipality
Identified by Map No. 13 of the Schedule to Notice 1179 of 2005
Identified by Map No. 24 of the Schedule to Notice 1179 of 2005
14 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
Act No. 23,2005 CROSS-BOUNDARY MlTNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005
SCHEDULE 3
Deemed establishment of new municipalities in a province
Designation of municipality Section 12 notice
which new New designation of mu- municipality nicipality (where appli- is deemed to
be estab- cable)
Notice 3585 of 2005 (Gauteng)
Metropolitan Municipality Ekurhuleni
Metropolitan Municipality Tshwane
GTO2bl known as Nokeng tsa Taemane
Notice 3584 of 2005 (Gauteng)
Notice 4168 of 2005 (Gauteng)
lished
Gauteng EKU (Map No. 33 of the Schedule to Notice 1594 of 2005)
TSH (Map No. 32 of the Schedule to Notice 1594 of 2005)
GT02bl
Gauteng
Gauteng
~~
Notice 4861 of 2005 (Gauteng)
GT411 known as Mogale City Local Municipality
GT412 known as Randfontein Local Municipality
GT414 known as Westonaria Local Municipality
Notice 4861 of 2005 (Gauteng)
GT481 (Map No. 30 of the Schedule to Notice 1594 of 2005)
GT482 (Map No. 3 1 of the Schedule to Notice 1594 of 2005)
GT483 (Schedule 1 to Notice 1998 of 2005, read with map No. 23 of the Schedule to Notice 1179 of 2005)
Notice 4861 of 2005 (Gauteng) ,
I I I . l Limpopo
I
I Limpopo
Notice 302 of 2000 (Northern Province)
I Limpopo I
~ Limpopo I
, Northem Cape
Northern Cape
Notice 302 of 2000 (Northern Province)
~~ ~ ~
CBDC3 known as Sekhukhune District Municipality
CBLC3 known as Greater Marble Hall Local Munici- Pality
CBLC4 known as Greater GroblersdaI Local Munici- Pality
CBLCS known as Tubatse Local Municipality
Notice 302 of 2000 (Northern Province)
DC47 (Map No. 15 of the Schedule to Notice 1594 of 2005)
NP03a4 (Map No. 16 of the Schedule to Notice 1594 of 2005)
NPO3a5 (Map No. 17 of the Schedule to Notice 1594 of 2005)
NP03a6 (Map No. 18 of the Schedule to Notice 1594 of 2005)
Notice 302 of 2000 (Northem Province)
~~
CBLCl known as Ga-Segonyana Cross- boundary Local Municipality
Notice 130 of 2000 (North- em Cape), read with Notice 31 of 2000 (Northern Cape)
NC452 (Map No. 8 of the Schedule to Notice 1594 of 2005)
Notice 130 of 2000 (North- em Cape), read with Notice 31 of 2000 (Northern Cape)
Notice 131 of 2000 (North- em Cape), read with Notice 32 of 2000 (Northern Cape)
Notice 131 of 2000 (North- ern Cape), read with Notice 32 of 2000 (Northern Cape)
I Province in
DC9 known as Frances Baard District Municipality
CBLC7 known as Phokwane Local Municipality
CBDCl known as Kgalagadi District Municipality
DC9 (Map No. 11 of the Schedule to Notice 1594 of
NC094 (Map No. 12 of the Schedule to Notice 1594 of
DC45 (Map No. 6 of the Schedule to Notice 1594 of 2005)
Northern Cape
Northern Cape
16 No.28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
L i rn p o p o 1
Act NO. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005
Limpopo I
SCHEDULE 4
Northwest I
Demarcation of newly established municipalities in a province Province in
nicipality (Municipal Demarca- tion Board notice and date)
Proposed designation of municipality
Identified by Map No. 8 of the Schedule to Notice 1257 of 2005
Identified by Map No. 7 of the Schedule to Notice 1257 of 2005
resDect of which
Identified by Map No. 11 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005
~ KwaZulu-Natal
~~
Identified by Map No. 10 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005
Identified by Map No. 9 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005
' KwaZulu-Natal
Identified by Map No. 6 of the Schedule to Notice 1257 of 2005
Identified by Map No. 5 of the Schedule to Notice 1257 of 2005
Identified by Map No. 4 of the Schedule to Notice 1257 of 2005
1 KZ5a6 known as Umzimkulu Loca 1 Municipality
DC43 known as Sisonke District Municipality
DC44 known as Alfred Nzo Districl Municipality
1 EC05b2 known as Umzimvubu 1 Local Municipality
Identified by Map No. 3 of the Schedule to Notice 1257 of 2005
I 1 EC05b3 known as Matatiele Local 1 Municipality
Identified by Map No. 14 of the Schedule to Notice 1257 of 2005
Identified by Map No. 13 of the Schedule to Notice 1257 of 2005
Identified by Map No. 12 of the Schedule to Notice 1257 of 2005
Identified by Map No. 1 of the Schedule to Notice 1257 of 2005
Identified by Map No. 2 of the Schedule to Notice 1257 of 2005
MP325 known as Bushbuck- ridge Local Municipality
DC32 known as Ehlanzeni District Municipality
NP335 known as Maruleng Local Municipality
DC33 known as Mopani District Municipality
NW405 known as Merafong City Local Municipality
DC40 known as Southern District Municipality
DC48 known as West Rand District Municipality
DC46 known as Metsweding Dis- trict Municipality
GT02b2 known as Kungwini Local Municipality
demarcation is deemed
Eastern Cape
Eastern Cape
Eastern Cape
Mpumalanga
~
Mpumalanga
North West
Gauteng
18 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
Ad NO. 23, NO5 CROSS-BOUNDARY MUNICIF’ALlTIES LAWS REPEAL AND RELATED MATTERS ACT, 2005
SCHEDULE 5 Deemed establishment of new municipalities in a province
Pl.oposed sectioa 12 notice
Notice 1756 of 2005 (KwaZulu- Natal), read with Notice 3253 of 2005 (KwaZulu-Natal)
Notice 1756 of 2005 (KwaZulu- Natal), read with Notice 344 of 2000 (KwaZulu-Natal) and Notice 3253 of 2005 (KwaZulu- Natal) Notice 354 of 2005 (Eastern Cape)
Notice 354 of 2005 (Eastern Cape)
Notice 354 of 2005 (Eastern Cape)
Notice 1286 of 2005 (Mpumalanga), read with Notice 301 of 2000 (Mpumalanga)
Notice 1286 of 2005 (Mpumalanga), read with Notice 301 of 2000 (Mpumalanga)
Notice 348 of 2005 (Limpopo), read with Notice 409 of 2005 (Limpopo)
Notice 348 of 2005 (Limpopo), read with Notice 409 of 2005 (Limpopo)
Notice 651 of 2005 (North West)
Notice 650 of 2005 (North West)
Notice. 4861 of 2005 (Gauteng)
Proposed designation of municipality
KZ5a6 known as Umzimkulu Local Municipality (Map No. 8 of the Schedule to Notice 1257 of 2005) DC43 known as Sisonke Dis- triQ Municipality (Map No. 7 of the Schedule to Notice 1257 of 2005)
DC44 known as Alfred Nzo District Municipality (Map No. 11 of the Schedule to Notice 1257 of 2005, read with correc- tion Notice 1496 of 2005) EC05b2 known as Umzimvubu Local Municipality (Map No. 10 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005) ECOSb3 known as Matatiele Local Municipality (Map No. 9 of the Schedule to Nouce 1257 of 2005, read with correction Notice 14% of 2005) ~
MP325 known as Bushbuck- ridge Local Municipality (Map No. 6 of the Schedule to Notice 1257 of 2005) 6 3 2 k n o w n as Ehlanzeni Dis- trict Municipality (Map No. 5 of the Schedule to Notice 1257 of 2005) NP335 known as Maruleng Lo- cal Municipality (Map No. 4 of the Schedule to Notice 1257 of 2005)
DC33 known as Mopani District Municipality (Map No. 3 of the Schedule to Notice 1257 of 2005) NW405 known aa Merafong City Local Municipality (Map No. 14 of the Schedule to No- tice 1257 of 2005) DC40 known as Southern Dis- trict Municipality (Map No. 13 of the Schedule to Notice 1257 of 2005) DC48 known as West Rand Dis- trict Municipality (Map No. 12 of the Schedule to Notlce 1257 of 2005)
Province in which new municipality ir deemed to be established KwaZulu-Natal
KwaZulu-Natal
Eastern Cape
Eastern Cape
Eastern Cape
Mpumalanga
Mpumalanga
Limpopo
Limpopo
North West
North West
Cauteng
Designation of former municipality
ECOSbl
DC43
DC44
ECOSb2
kz5a3
cb1c6
DC32
VP04al
DC33
CBLCl
1c40
ZBDCl?
20 No.28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005
Act NO. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005
Proposed section 12 notice Proposed designation of municipality
District Municipality (Map No. 1 of the Schedule to Notice
Local MunjciDalitv (Mau No. 2
Notice 89 of 2005 (Northern Cape), read with Notice 32 of 2000 (Northern Cape)
of the Schedile tdNotick 1257 1 of 2005) NC451 known as Moshaweng Local Municipality (Map No. 7 of the Schedule to Notice 1594 of 2005)
Province in which new municipality is deemed to be established
Gauteng
Gauteng
Northern Cape
Designation of former municipality
CBDCZ
CBLC2
NWlal