Local Government: Municipal Structures Amendment Act

Link to law: http://www.gov.za/documents/local-government-municipal-structures-amendment-act-2
Published: 2003-04-09

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Local Government: Municipal Structures Amendment Act [No. 1 of 2003]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 454 Cape Town 9 April 2003 No. 24730
THE PRESIDENCY No. 514 9 April 2003 It is hereby notified that the President has
assented to the following Act, which is hereby published for general information:–
No. 1 of 2003: Local Government: Municipal Structures Amendment Act, 2003.


2 No. 24730 GOVERNMENT GAZETTE. 9 APRIL 2003
Act No. 1, 2003 LOCAL GOVERNMENT MUNICIPAL STRUCTURES
.~ .
AMENDMENT ACT. 2003
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square b ackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 4 April 2003.)
ACT To amend the Local Government: Municipal Structures Act, 1998,So as to regulate the effect of a change in the type of municipality on the terms of office of members of executive committees and executive mayors; and to provide for matters connected therewith.
B ~ ~ ~ ~ ~ ~ ~ ~ - - - E IT ENACTED by the Parliament of the Republic of South Africa, as Substitution of section 45 of Act 117 of 1998
1. The following section is hereby substituted for section 45 of the Local Government: Municipal Structures Act, 1998 (hereinafter referred to as the principal Act):
“Election of members of executive committees
45. A municipal council must elect he members of its executive committee from among its members at a meeting that must be held- ( a ) within 14 days [of] after the council’s election; [or] (b) if it is a district council, within 14 days after the last of the local
councils has appointed its representatives to the district council; (c) within 14 days after the date with effect from which the type of the
municipality has been changed from any of those mentioned in section 8(e), (0, (g ) or (h) , 9(c), (dl , (e) or cf) or IO@) or (c) to any of those mentioned in section 8(a), (b), (c) or (d) , 9(a) or (b), or 10(a).”.
Substitution of section 46 of Act 117 of 1998
2. The following section is hereby substituted for section 46 of the principal Act:
“Term of office of members
46. The members of an executive committee are elected for a term ending, subject to section 47, when- (a) the type of the municipality has been changed from any of those
mentioned in section 8(a), (b), (c) or (d), 9(a) or (b) or 10fa.J to any of those mentioned in section 8(e) , If), (g) or (h) , 9(c), (d ) , ( e ) or I‘ or 10(b) or (c); or
S
10
1s
20
I
@ the next municipal ouncil is d cl redele ted.”. 25
4 No. 24730 GOVERNMENT GAZETTE. 9 APRIL 2003
Act No. 1,2003 ,-. LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ;+ z AMENDMENT ACT, 2003
Amendment of section 48 of Act 117 of 1998
3. Section 48 of the principal Act is hereby amended- (a) by the substitution for subsection ( 5 ) of the following subsection:
“ ( 5 ) (a) No person may hold office as mayor or [deputy mayor] both mayor and executive mayor for more than two consecutive terms 5 same council.
( 6 ) No person may hold office as deputy mayor or both deputy mayor and deputy executive mayor for more than two consecutive terms in the same council. - (c) If a person is elected- 10 - ( i ) to fill a vacancy in the office of mayor or deputy mayor, the period
between that election and the next election of a mayor or deputy mayor is not regarded as a term; g
- (ii) as mayor or deputy mayor where the type of the municipality has been changed from any of those mentioned in section 8(ej , I f ) , (g ) 15 or (h), 9(c), (d), (e ) or (f) or 10(b) or (c) to any of those mentioned in section 8(aj, (b), (c) or (d), 9faj or (b) or 10(a) during the term of the municipal council concerned. the period between that election and the next election of a mayor or deputy mayor is not regarded as a term.”; and 20
(b) by the substitution for subsection (6) of the following subsection: “(6) A mayor whose two consecutive terms have expired as provided
for in subsection (5)(a), may not immediately after the expiry be elected as deputy mayor.”.
Amendment of section 55 of Act 117 of 1998 25
4. Section 55 of the principal Act is hereby amended by the substitution for subsection
“( 1) If a municipal council chooses to have an executive mayor it must elect an executive mayor and, if the MEC for local government in the province so approves, also an executive deputy mayor, from among its members at a meeting that must be 30 held- (a) within 14 days [of] after the council’s election; [or] (b) if it is a district council, withm 14 days after the last of the local councils has
appointed its representatives to the district council; (c) within 14 days after the date with effect from which the type of the 35
municipality has been changed from any of those mentioned in section Wa), (b), (c) or (d), 9(a), (b) , (e ) or (0 or 10(a) or (c) to any of those mentioned in section 8(e), If), (g) or (h), 9(c) or (d) or 10(b).”.
( 1 ) of the following subsection:
Substitution of section 57 of Act 117 of 1998
5. The following section is hereby substituted for section 57 of the principal Act: 40
“Term of office of executive mayors
57. (1) An executive mayor and a deputy executive mayor [- (a)] must be elected for a term ending, subject to [section] sections 58 and 59. when- (a ) the type of the municipality has been changed from any of those 45
mentioned in section 8(e), (f), (g ) or (h), 9(c) or (d) or 10(b) to any of those mentioned in section 8(a), (b), (c) or (d), 9(a), (b), (e) or cf) or 10(a) or (c); or
(‘bJ the next council is declared elected. [and -z (b) may not serveas executive mayor or deputy executive mayor for 50
more than two consecutive terms. When a person is elected to fill a vacancy in the office of executive mayor or deputy executive mayor, the period between that election and the next election of an executive mayor or deputy executive mayor is regarded as a term.]
2

a No person may hold office as executive mayor or both executive mayor and mayor for more than two consecutive terms in the same council .
(b) No person may hold office as deputy executive mayor or both deputy executive mayor and deputy mayor for more than two consecu- tive terms in the same council .
(c) If a person is elected- (i) to fill a vacancy in the office of executive mayor or deputy
executive mayor, the period between that election and the next election of an executive mayor or deputy executive, mayor is not regarded as a term ; or
(ii) as executive mayor or deputy executive mayor where the type of the municipality has been changed from any of those mentioned in section 8(a), (b), (c) or (d), 9(a), (b), (e) or (f) or 10(a) or (c) to any of those mentioned in section 8(e), (f), (g) or (h), 9(c) or (d) or 10(b) during the term ofthe municipal council concerned, the period between that election and the next election of an executive mayor or deputy executive mayor is not regarded as a term .
[(2)] (3) An executive mayor whose two consecutive terms have expired as provided for in subsection (2)(a) , may not immediately after the expiry be elected as deputy executive mayor." .
Short title
6. This Act is called the Local Government : Municipal Structures Amendment Act, 2003.