Local Government Laws Amendment Act

Link to law: http://www.gov.za/documents/local-government-laws-amendment-act
Published: 2002-12-05

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Local Government Laws Amendment Act [No. 51 of 2002]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 450 Cape Town 5 December 2002 No. 24149
THE PRESIDENCY No. 1530 5 December 2002 It is hereby notified that the President has
assented to the following Act, which is hereby published for general information:–
No. 51 of 2002: Local Government Laws Amendment Act, 2002.


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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
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 December 2002.)
ACT TO amend the Organised Local Government Act, 1997, so as to repeal a transitional arrangement; to amend the Remuneration of Public Office Bearers Act, 1998, so as to effect a technical amendment; to validate certain determinations and payments; to amend the Local Government: Municipal Demarcation Act, 1998, so as to effect technical corrections; to further regulate the functions and the work programme of the Board; to reduce the size of the Demarcation Board; to expressly provide for the Minister’s role in the appointment of members of the Demarcation Board; and to make express provision for the publication of the Demarcation Board’s decision where an objection was considered; to amend the Local Government: Municipal Structures Act, 1998, so as to effect technical corrections to the Afrikaans text; to make provision for an acting mayor and an acting executive mayor; to provide for the payment of out of pocket expenses to traditional leaders who participate in the proceedings of municipal councils; to authorise the Minister to regulate the consequences of the revocation of an authorisation to a local municipality to perform a certain function or exercise a certain power; to validate the Property Valuation Ordinance, 1993 (Cape), and provide for other technical arrangements connected thereto; to provide for uncontested ward elections; and to provide for the election of office bearers of a municipality to be determined by lot if two candidates receive the same number of votes; to amend the Local Government: Municipal Systems Act, 2000, so as to provide for a genera1 power to levy and recover fees, charges and tariffs; to further regulate the charging of interest on arrears; to provide for legal representation of employees of a municipality; and to further regulate clearance certificates for the transfer of property; to amend the Local Government: Municipal Structures Amendment Act, 2000, so as to re-determine the transition period and to repeal outdated provisions; to repeal certain laws; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa, as follom5-
4 No. 24149 GOVERNMENT GAZE’ITE, 5 DECEMBER 2002
Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2002
CHAPTER 1
AMENDMENT OF ORGANISED LOCAL GOVERNMENT ACT, 1997
Amendment of section 1 of Act 52 of 1997
1. Section 1 of the Organised Local Government Act, 1997, is hereby amended by the deletion of subsection ( 2 ) . 5
CHAPTER 2
AMENDMENT OF REMUNERATION OF PUBLIC OFFICE BEARERS ACT, 1998
Amendment of section 7 of Act 20 of 1998, as amended by section 3 of Act 21 of 2000
2. Section 7 of the Remuneration of Public Office Bearers Act, 1998, is hereby 10 amended by the substitution in subsection ( 2 ) for the word “Despite” of the expression “Subject to”.
Validation of certain determinations and payments
3. The salaries and allowances paid to any member of a municipal council, during the 199811999 municipal fi ancial ye r in accordance with- 15
(a) Circular 25 of 1998 (as amended by Amendment Slip No. 3 of 1998) issued by the Gauteng Department of Development Planning and Local Government; and
(b) Proclamation (Western Cape) No. 48/1998 of 4 December 1998, read with Circular C18/1998, issued by the Western Cape Department of Governmental 20 Affairs and Housing,
must be regarded as having been validly determined and paid under the Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998).
CHAPTER 3
AMENDMENT OF LOCAL GOVERNMENT MUNICIPAL DEMARCATION 25 ACT, 1998
Amendment of section 1 of Act 27 of 1998
4. Section 1 of the Local Government: Municipal Demarcation Act, 1998 (in this Chapter referred to as the Demarcation Act), is hereby amended-
(aj by the substitution for the definition of “Department” of the following 30 definition:
‘‘ ‘Department’ means the [Department of Constitutional Develop- ment] national department responsible for local government;”;
(b) by the substitution for the definition of “determination” of the following definition: 35
‘‘ ‘determination’ includes any redetermination, and ‘determine’ ‘redetermine’ [has a] corresponding [meaning] meanings;”;
( c ) by the substitution for the definition of “employee” of the following definition:
‘‘ ‘employee’, except in sections 34(1) and 35(1) [and 361, includes a 40 person seconded to the Board;”;
(dj by the substitution for the definition of “Minister” of the following definition: “ ‘Minister’ means the national Minister [for Provincial Affairs and Constitutional Development] responsible for local government;” ; and
(e) by the substitution for the definition of “this Act” of the following definition: 45 ‘‘ ‘this Act’ includes the regulations made under section 1421 9.”.
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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
Substitution of section 4 of Act 27 of 1998
5. The following section is hereby substituted for section 4 of the Demarcation Act:
“Functions
4. The [function] functions of the Board [is] E- - (a ) to determine municipal boundaries in accordance with this Act and
other appropriate legislation enacted in terms of Chapter 7 of the Constitution; &
(b) to render an advisory service in respect of matters provided for in this Act and other appropriate legislation when so requested.”.
Amendment of section 6 of Act 27 of 1998
6. Section 6 of the Demarcation Act is hereby amended by the substitution for
*‘(l) The Board consists of no fewer than seven and no more than [15] 10 subsection ( 1 ) of the following subsection:
members appointed by the President in accordance with section 8.”. -
Amendment of section 8 of Act 27 of 1998
7. Section 8 of the Demarcation Act is hereby amended by the substitution in
“The list referred to in subsection (4) must be submitted to the Minister and must subsection (5) for the words preceding paragraph (a) of the following words:
consist of-.‘.
Amendment of section 21 of Act 27 of 1998
8. Section 21 of the Demarcation Act is hereby amended- (a) by the addition to subsection (2) of the following proviso:
“Provided that section 26 does not apply where the Board redetermines a municipal boundary in respect of which the MEC for local government and all the municipalities that are affected by the redetermination have indicated in writing that they have no objection to such redetermination.”;
(b) by the substitution for subsection ( 5 ) of the following subsection: “ ( 5 ) The Board must-
(a) consider any objections; [and] (0) either confirm, vary or withdraw its determination; & ( c , publish its decision in terms of paragraph (h) in the relevant
Pmvincial Gn,-ette.”: and ( c ) by the addition of the folloazing subsection:
“(6) Any person may, subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), request the Board to provide reasons for its decision in terms of subsection (5)(b).”.
Substitution of section 22 of Act 27 of 1998
9. The following section is hereby substituted for section 22 of the Demarcation Act:
“Work programme
22. ( 1 ) The Board performs the function mentioned in section 2 1 (1)- (a) [(x on its own initiative;
[(ii)] (0) on request by the Minister or a MEC for local government; or [(iii)] @) on request by a municipality with the concurrence of any other
municipality affected by the proposed determination or rede- termination [; and
(b) in accordance with priorities and reasonable time-frames for demarcation determined by the Minister in consultation with the MEC’s for local government after the Board has been consulted].
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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002 ~ ~-
(2) The Minister may, after consultation with the MEC’s for local government and the Board, determine priorities and reasonable time- frames for a determination or redetermination.
(3) Where the Board performs the function mentioned in section 21 ( I ) on its own initiative as a result of receiving a request from a member of the public. the Board may- ( a ) require that member of the public to furnish the Board with such
( 6 ) solicit the views of the persons and institutions referred to in section
(4) Where the Board has olicited the views of persons and institutions as provided for in subsection (3)(b), the Board does not need to comply with section 26 when it considers the determination or redetermination of a municipal boundary under the circumstances referred to in subsection (3).
(5) Where the Board performs the function mentioned in section 21 ( 1 ) on request by a municipality, the Board may require that municipality to furnish the Board with such information as may be required by the Board.”.
information as may be required by the Board; and
26(3) on the matter before the Board.
Amendment of section 23 of Act 27 of 1998
10. Section 23 of the Demarcation Act is hereby amended- (a ) by the substitution for subsection (1) of the following subsection: 20
“(1) [Once the Board has determined a municipal boundary it] After the Board has considered any objections in terms of section 21(S), or has redetermined a boundary under the circumstances provided for in the proviso to section 21(2), the Board must without delay send particulars of the determination to the Electoral Commission.”; and 25
( b ) by the addition to subsection (3) of the following paragraph, the existing subsection becoming paragraph (a):
“(bi The MEC for-local government in the province concerned must publish the notice referred to in subsection (2)(b) within three months of the date of the notice published by the Electoral Commission in terms of 30 paragraph’(a), and send a copy of the notice to the Board.”.
CHAPTER 4
AMENDMENT OF LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT, 1998
Amendment of preamble to Ac 117 of 1998 35
11. The Preamble to the Local Government: Municipal Structures Act, 1998 (in this Chapter referred to as the Structures Act), is hereby amended by the substitution in the fourteenth line of the Afrikaans text for the word “nedesettings” of the word “nedersettings”.
Amendment of section 21 of Act 117 of 1998 40
12. Section 21 of the Structures Act is hereby amended by the addition to subsection
‘.: Provided that if such a person is designated as a full-time councillor in terms of section 18(4), such exemption lapses.”.
(2) of the following proviso:
Amendment of section 35 of Act 117 of 1998 45
13. Section 35 of the Structures Act is hereby amended by the substitution for
“(1) If a municipal council is dissolved in terms of section 34(3)(b) or does not have enough members to form a quorum for a meeting, the MEC for local government in the province must appoint one or more administrators to ensure the SO continged functioning of the municipality until a new municipal council is elected or until the council has sufficient members for a quorum.”.
subsection (1) of the following subsection:
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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
Amendment of section 37 of Act 117 of 1998
14. Section 37 of the Structures Act is hereby amended- (a) by the substitution in paragraph (6) for the expression “section 32” of the
expression “section 59 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)”; and 5
(b) by the substitution in paragraph ( e ) for the expression “Schedule 5” of the expression “Schedule 1 to the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)”.
Amendment of section 49 of Act 117 of 1998
15. Section 49 of the Structures Act is hereby amended by the addition of the 10 following subsection:
mayor acts as mayor; or ( b J a councillor elected by the members of the executive committee from amongst
themselves acts as mayor if the mayor has not designated a member thereto or if the designated member is absent or not available.”.
Amendment of section 56 of Act 117 of 1998
16. Section 56 of the Structures Act is hereby amended- 20 (a) by the substitution in paragraph (f) of subsection (3) for the expression
“section 32” of the expression “section 59 of the Local Government: IMunicipal Systems Act, 2000 (Act No. 32 of 2000)”; and
(b) by the addition of the following subsection: “ ( 7 ) If the executive mayor is absent or not available and the 25
municipality does not have a deputy executive mayor, or the deputy executive mayor is also absent or not available, the council must designate a councillor to act as executive mayor.”.
Amendment of section 64 of Act 117 of 1998
17. Section 64 of the Structures Act is hereby amended by the substitution in 30 subsection ( 2 ) of the Afrikaans text for the word “Metroplitaanse” of the word “Metropolitaanse”.
Amendment of section 81 of Act 117 of 1998, as amended by item 3 of Schedule 3 to Act 32 of 2000 and section 5 of Act 33 of 2000
18. Section 81 of the Structures Act is hereby amended- 35 (a) by the substitution in subsection (1) of the Afrikaans text for the word
(0) by the addition to subsection (5) of the following paragraph, the existing ”ge?dentifiseer” of the word “ge’identifiseer”: and
subsection becoming paragraph (a):
respect of such participation. (ii) A municipal council must determine the criteria for, and
calculation of, the out of pocket expenses referred to in subparagraph (i).
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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
Amendment of section 84 of Act 117 of 1998, as amended by section 6 of Act 33 of 2000
19. Section 84 of the Structures Act is hereby amended- (a) by the substitution in subsection (3)(b)(iii) of the Afrikaans text for the word
(b) by the substitution in subsection (3) for paragraph (c) of the following “verandering” of the word or en e”; 5
paragraph: “(c) The Minister may-
- (i) amend a notice issued in terms of paragraph (a) [to effect technical changes or to regulate the authorisation more effectively]; and
amendment.”; and - (ii) regulate the legal, practical and other consequences of such
(c) by the addition to subsection (3) of the following paragraphs: “ (d) Whenever the Minister revokes an authorisation envisaged by
paragraph (a), the Minister must in the notice revoking that authorisation regulate the legal, practical and other consequencesof the revocation, which may inchde- (i) the transfer of staff
(ii) the transfer of assets, liabilities, rights, obligations and administra- tive and other records; and
(iii) the continued application of any by-laws and resolutions in the area of the municipalities in question and the extent of such application.
(e) The Minister must comply with the consultation requirements as set out in paragraph (a) when a power referred to in paragraph (c) or (d) is to be exercised.”.
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Substitution of section 86 of Act 117 of 1998, as amended by section 8 of Act 33 of 2000
20. The following section is hereby substituted for section 86 in the Afrikaans text of the Structures Act:
“Beslegting van geskille rakende verrigting van funksies of uitoefening 30 van bevoegdhede
86. [Indien ’n distriks- en plaaslike munisipaliteit ’n funksie verrig of ’n bevoegdheid uitoefen op ’n soortgelyke wyse, en] Indien ’n geskil [ontstaan] tussen [hulle] ‘n distriks- en ’n plaaslike raad rakende die verrigting van [daardie] 3 funksie of die uitoefening van [daardie] 3 35 bevoegdheid ontstaan, kan die LUR vir plaaslike regering in die provinsie, na oorlegpleging met hulle, by kennisgewing in die Provinsiale Koerant die geskil besleg deur hulle onderskeie rolle in die vemgting van daardie funksie of die uitoefening van daardie bevoegdheid te omskryf.” .
Amendment of section 93 of Act 117 of 1998, as amended by section 11 of Act 33 of 40 2000
21. Section 93 of the Structures Act is hereby amended by the addition of the
“(7) Despite Proclamation No. 148 of 8 December 1993 (Province of the Cape of Good Hope Gazette 4833 of 22 December 1993) and section 38 of the Property Valuation Ordinance, 1993 (Cape), the said Ordinance is deemed to have come into force- (a ) for the purposes of the Constitution of the Republic of South Africa, 1993 (Act
No. 200 of 1993), immediately before the commencement of that Constitu- tion; and
following subsections:
(b) for all other purposes, on 1 July 1994. (8) (a) With effect from 5 December 2000 and subject to paragraph (b), any
reference in a law referred to in item 2 of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), to a municipal council, municipality, local authority or another applicable designation of a local government structure, must be construed as a reference to a municipal council or a municipality established in terms of this Act, as the case may be.
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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT. 2002
(b) Paragraph (a) only applies to a law referred to in item 2 of Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), in so far as such a law is still applicable or becomes applicable to a municipal council or a municipality, as the case may be. at the time the Local Government Laws Amendment Act. 2002. comes into effect.
(9) Until the legislation envisaged in section 229(2)(b) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). is enacted, a municipality map use the valuations appearing on a provisional valuation roll or an additional valuation roll when imposing property rates.
(10) Subsections (7). (8) and (9) apply to matters that are the subject of pending litigation.”.
Insertion of item 8A in Schedule 1 to Act 117 of 1998
22. The following item is hereby inserted in Schedule 1 to the Structures Act after item 8:
“Uncontested ward elections
SA. If only one candidate is duly nominated in a ward, an election is not held in that ward and the uncontested ward candidate is deemed to have been elected- (a) in the case of an election called in terms of section 24(2), with effect
from the date set for the election; or (b) in the case of a by-election, with effect from the date stated in the time
table for the by-election as the final date on which nominations for the by-election may be submitted.”.
Amendment of item 13 of Schedule 1 to Act 117 of 1998
23. Item 13 of Schedule I to the Structures Act is hereby amended by the substitution for the expression “chief electoral officer”, wherever it appears, of the expression “Electoral Commission”.
Amendment of item 17 of Schedule 1 to Act 117 of 1998
21. Item 17 of Schedule 1 to the Structures Act is hereby amended by the substitution for the expression “chief electoral officer”. wherever it appears, of the expression “Electoral Commission”.
Amendment of item 18 of Schedule 1 to Act 117 of 1998
35. Itern 18 of Schedule 1 to the Structures Act is hereby amended by the addition to subitem ( 1 ) of the following paragraph. the existing subitem becoming paragraph (a):
“ ( b ) Whenever a councillor referred to in paragraph (a) ceases to hold office, the municipal manager concerned must within seven days after the councillor has ceased to hold office. inform the chief electoral officer accordingly.”.
Amendment of item 20 of Schedule 1 to Act 117 of 1998
26. Item 20 of Schedule 1 to the Structures Act is hereby amended by the substitution
”( 1) A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office. the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled [within] as soon as the party in question has supplemented, changed or increased its list. but not later than 14 days after expiry of the [21 days’] 21-day period.”.
for subitem ( 1 ) of the following subitem:
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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
Amendment of item 1 of Schedule 2 to Act 117 of 1998
27. Item 1 of Schedule 2 to the Structures Act is hereby amended- ( a ) by the substitution in the Afrikaans text for the word “toespassing” in the
(b) by the insertion after the definition of “election” of the following definition: ‘independent ward councillor’ means a councillor who was not
definition of “verkiesing” of the word “toepassing”; and
‘‘
nominated by a party as a candidate in a ward election:”.
Amendment of item 10 of Schedule 2 to Act 117 of 1998
28. Item 10 of Schedule 2 to the Structures Act is hereby amended by the substitution in subitem (7) of the Afrikaans text for the word “wtter” of the word “watter”.
Amendment of item 11 of Schedule 2 to Act 117 of 1998
29. Item 11 of Schedule 2 to the Structures Act is hereby amended by the addition to subitem (1) of the following paragraph, the existing subitem becoming paragraph (a):
“ f b ) Whenever a councillor referred to in paragraph (a) ceases to hold office. the municipal manager concerned must within seven days after the councillor has ceased to hold ofice. inform the chief electoral officer thereof.”.
Amendment of item 13 of Schedule 2 to Act 117 of 1998
30. Item 13 of Schedule 2 to the Structures Act is hereby amended by the substitution
“ (1 ) A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled [within] as soon as the party in question has supplemented, changed or increased its list. but not later than 14 days after expiry of the [21 days] 21-day period.”.
for subitem ( I ) of the following subitem:
Amendment of item 17 of Schedule 2 to Act 117 of 1998
31. Item 17 of Schedule 2 to the Structures Act is hereby amended- (a ) by the substitution for subitem (1) of the following subitem:
“(1) Every party or independent ward councillor may submit a candidates’ list containing the names of councillors, accompanied by a written acceptance by each listed candidate.”;
( b ) by the substitution for subitem (2) of the following subitem: “(2) A party or independent ward councillor may not submit more than
( c ) by the substitution in subitem (5) for the word “councillor” of the expression one list.”: and
“independent ward councillor”.
Amendment of item 20 of Schedule 2 to Act 117 of 1998
32. Item 20 of Schedule 2 to the Structures Act is hereby amended by the addition to subitem (2 ) of the following paragraph, the existing subitem becoming paragraph (a):
“ (h ) If the surplus on one list is equal to the surplus on any other list, the seat or seats must be awarded in sequence of the highest number of votes cast for those lists.” -
Amendment of item 23 of Schedule 2 to Act 117 of 1998
33. The Afrikaans text of item 23 of Schedule 2 to the Structures Act is hereby amended by the substitution-
(a) for the word “uiteput” of the word “uitgeput”; and f b ) for the exmession “item 18 van Bvlae 1” of the exmession “item 11”.
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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT A m , 2002
Amendment of item 8 of Schedule 3 to Act 117 of 1998
34. Item 8 of Schedule 3 to the Structures Act is hereby amended by the addition of
“ ( 3 ) If at the further meeting held in terms of subitem (1) only two candidates are nominated. or if only two candidates remain after an elimination procedure has 5 been applied, and those two candidates receive the same number of votes, the person presiding at such meeting must determine by lot who of the two candidates will hold the office for which the election has taken place.”.
the following subitem:
CHAPTER 5
AMENDMENT OF LOCAL GOVERNMENT MUNICIPAL 10 SYSTEMS ACT, 2000
Amendment of section 1 of Act 32 of 2000
35. Section 1 of the Local Government: Municipal Systems Act, 2000 (in this Chapter referred to as the Systems Act), is hereby amended-
( 0 ) by the insertion after the definition of “municipal manager” of the following 15 definition:
‘’ ‘municipal service’ means a service that a municipality in terms of its powers and functions provides or may provide to or for the benefit of the local community irrespective of whether- ( a ) such a service is provided, or to be provided, by the municipality 20
through an internal mechanism contemplated in section 76 or by engaging an external mechanism contemplated in section 76; and
(hi fees. charges or tariffs are levied in respect of such a service or not;”;
f b ) by the insertion after the definition of “prescribe” of the following definition: 25 ‘. 6 property’ means- ( a ) immovable property registered in the name of a person, and
includes a unit as defined in section 1 of the Sectional Titles Act, 1986 (Act No. 95 of 1986); or
(0) a right registered against immovable property in the name of a 30 person;”; and
(c) by the insertion after the definition of “ratepayer” of the following definition: *‘ ‘registrar of deeds’ means a registrar as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);”.
Amendment of section 59 of Act 32 of 2000 35
36. Section 59 of the Systems Act is hereby amended by the addition of the following
” ( 3 ) Any delegation or sub-delegation to a staff member of a power conferred on a municipal manager must be approved by the municipal council in accordance with the system of delegation referred to in subsection (1):’. 40
subsection:
Amendment of section 62 of Act 32 of 2000
37. Section 62 of the Systems Act is hereby amended by the addition of the following
“(6) The provisions of this section do not detract from any appropriate appeal procedure provided for in any other applicable aw.”. 45
subsection:
.4mendment of section 67 of Act 32 of 2000
38. Section 67 of the Systems Act is hereby amended by the substitution in subsection
“A municipality, in accordance with [the Employment Equity Act, 19981 applicable law and sub-ject to any applicable collective agreement, must develop 50 and adopt appropriate systems and procedures to ensure fair, efficient, effective and transparent personnel administration, including-”.
(1 ) for the words preceding paragraph (a ) of the following words:
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Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
Insertion of section 75A in Act 32 of 2000
39. The following section is hereby inserted in the Systems Act after section 75:
“General power to levy and recover fees, charges and tariffs
75A. ( 1 ) A municipality may- (a) levy and recover fees, charges or tariffs in respect of any function or
service of the municipality-and (b) recover collection charges and interest on any outstanding amount.
( 2 ) The fees, charges or tariffs referred to in subsection (1) are levied by a municipality by resolution passed by the municipal council with a supporting vote of a majority of its members.
(3) After a resolution contemplated in subsection (2) has been passed, the municipal manager must, without delay- (a) conspicuously display a copy of the resolution for a period of at least
30 days at the main administrative office of the municipality and at such other places within the municipality to which the public has access as the municipal manager may determine;
(b) publish in a newspaper of general circulation in the municipality a notice stating- (i) that a resolution as contemplated in subsection (2) has been
passed by the council; (ii) that a copy of the resolution is available for public inspection
during office hours at the main administrative office of the municipality and at the other places specified in the notice; and
(iii) the date on which the determination will come into operation; and (c) seek to convey the information referred to in paragraph (6) to the local
community by means of radio broadcasts covering the area of the municipality.
(4) The municipal manager must forthwith send a copy of the notice referred to in subsection (3)(6) to the MEC for local government concerned.”.
Amendment of section 76 of Act 32 of 2000
40. Section 76 of the Systems Act is hereby amended by the substitution in paragraph
“(aa) a water services committee established in terms of the Water Services Act, (b)(iii) for item (aa) of the following item:
1997 (Act No. 108 of 1997);”.
Substitution of section 77 of Act 32 of 2000
41. The following section is hereby substituted for section 77 of the Systems Act:
“Occasions when municipalities must review and decide on mecha- nisms to provide municipal services
77. A municipality must review and decide on the appropriate mechanism to provide a municipal service in the municipality or a part of the municipality- (a ) in the case of a municipal service provided through an internal
mechanism contemplated in section 76, when- ( i ) an existing municipal service is to be significantly upgraded,
(ii) a performance evaluation in terms of Chapter 6 requires a review
(iii) the municipality is restructured or reorganised in terms of the
(bj in the case of a municipal service provided through an external
extended or improved;
of the mechanism; or
Municipal Structures Act;
mechanism contemplated in section 76, when-
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Act NO. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
(i) a performance evaluation in terms of Chapter 6 requires a review of the service delivery agreement;
(ii) the service delivery agreement is anticipated to expire or be terminated within the next 12 months; or
(iii) an existing municipal service or part of that municipal service is to be significantly upgraded, extended or improved and such upgrade, extension or improvement is not addressed in the service delivery agreement;
(c) when a review is required by an intervention in terms of section 139 of
(d) when a new municipal service is to be provided; (e) when requested by the local community through mechanisms.
processes and procedures established in terms of Chapter 4; or ( f , when a review of its integrated development plan requires a review of
the delivery mechanism.”.
the Constitution;
Amendment of section 94 of Act 32 of 2000
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42. Section 93 of the Systems Act is hereby amended by the substitution for
“(2) The Minister may make regulations and issue guidelines contemplated in paragraphs (a) , (b) , (c), (d) and (e) of subsection (1) onlv after consultation with the 20
subsection (2) of the following subsection:
Minister of Finance and any other Cabinet member whose portfolio is affected by the regulations and guidelines.”.
Insertion of section 109A in Act 32 of 2000
43. The following section is hereby inserted in the Systems Act after section 109:
“Legal representation for employees or councillors of municipality 25
109A. A municipality may, subject to such terms and conditions as it may determine, provide an employee or councillor of the municipality with legal representation where- (a ) legal proceedings have been instituted against the mployee or
councillor as a result of any act or omission by the employee or councillor in the exercise of his or her powers or the performance of his or her duties; or
(b) the employee or the councillor has been summoned to attend any inquest or inquiry arising from the exercise of his or her powers or the performance of his or her duties.”.
Substitution of section 118 of Act 32 of 2000
44. The following section is hereby substituted for section 118 of the Systems Act:
“Restraint on transfer of property
118. ( 1 ) A registrar of deeds [or other registration officer of immovable property] may not register the transfer of property except on production to that [registration officer] registrar of deeds of a prescribed certificate- (a ) issued by the municipality or municipalities in which that property is
situated; and (b) which certifies that all amounts that became due in connection with
that property for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties during the two years preceding the date of application for the certificate have been fully paid.
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35
40
45
24 No. 24149 GOVERNMENT GAZETTE, 5 DECEMBER 2002
Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
(1A) A prescribed certificate issued by a municipality in terms of subsection (1) is valid for a period of 120 days from the date it has been issued.
( 2 ) In the case of the transfer of [immovable] property by a trustee of an insolvent estate, the provisions of this section are subject to section 89 of 5 the Insolvency Act, 1936 (Act No. 24 of 1936).
(3) An amount due for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and duties is a charge upon the property in connection with which the amount is owing and enjoys preference over any mortgage bond registered against the property. 10
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(4) Subsection ( I ) does not apply t- (a) a transfer from the national government, a provincial government or a 1
municipality of a residential property whidh was financed with funds or loans made available by the national government, a provincial government or a municipality; and 15
(6) the vesting of ownership as a result of a conversion of land tenure rights into ownership in terms of Chapter 1 of the Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991):
Provided that nothing in this subsection precludes the subsequent collection by a municipality of any amounts owed to i t in respect of such a property at 20 the time of such transfer or conversion.
( 5 ) Subsection (3) does not apply to any amount referred to in that subsection that became due before a transfer of a residential property or a conversion of land tenure rights into ownership contemplated in subsection (4) took place.”. 25
Insertion of item 12A in Schedule 1 to Act 32 of 2000
45. The following item is hereby inserted in Schedule 1 to the Systems Act after item 12:
“Councillor in arrears
12A. A councillor may not be in arrears to the municipality for rates and 30 service charges for a period longer than 3 months.”.
Amendment of item 14 of Schedule 1 to Act 32 of 2000
46. Item 14 of Schedule 1 to the Systems Act is hereby amended by the substitution for subitem ( 5 ) of the following subitem:
‘ . ( 5 ) The Commissions Act, 1947 (Act 8 of 1947), or, where appropriate, 35 applicable provincial legislation, may be applied to an investigation in terms of subitem [ ( 3 ) ] *..’.
CHAPTER 6
AMENDMENT OF LOCAL GOVERNMENT MUNICIPAL STRUCTURES AMENDMENT ACT, 2000 40
Amendment of section 13 of Act 33 of 2000
47. Section 13 of the Local Government: Municipal Structures Amendment Act, 2000. is hereby amended by the substitution for subsection (1) of the following subsection:
“ ( I ) The transition ends [two years from the date of the first election of 45 municipal councils in terms of the Structures Act, unless the Minister determines a shorter period by notice in the Government Gazette] on 30 June 2003.”.
26 No. 24149 GOVERNMENT GAZElTE, 5 DECEMBER 2002
Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT ACT, 2002
CHAPTER 7
MISCELLANEOUS MATTERS
Repeal of legislation
48. The legislation specified in the first-column of the Schedule is hereby repealed to the ex ent indicated in the second column of the Schedule. 5
Short title
49. This Act is called the Local Government Laws Amendment Act, 2002.
28 No. 24149 GOVERNMENT GAZETTE, 5 DECEMBER 2002
Act No. 51,2002 LOCAL GOVERNMENT LAWS AMENDMENT Am, 2002
SCHEDULE (Section 48)
Title, number and year of law
nance No. 17 of 1939) (Former Transvaal) Section 50 Local Government Ordinance, 1939 (Ordi- Extent of repeal
Local Government Ordinance, 1962 (Ordi- Section 119 nance No. 8 of 1962) (Former Orange Free State) Regulations for the Administration and Control Regulation 11 of Chapter 9 of Townships in Black Areas, 1962 (Proclama- tion No. R. 293 of 16 November 1962) Municipal Ordinance, 1974 (Ordinance No. 20 Section 96 of 1974) (Former Cape of Good Hope) Local Authorities Ordinance, 1974 (Ordinance Section 175 No. 25 of 1974) (Former Natal) Municipalities Act, 1979 (Act No. 25 of 1979) Section 94 (Former Transkei) Black Communities Development Act, 1984 Section 54(2)(a) (Act No. 4 of 1984) Municipal Act, 1987 (Act No. 17 of 1987) Section 91 (Former Ciskei) Proclamation No. R. 30 of 9 March 1988 Regulation 17 Regulations Regarding Local Councils, 1988 Regulation 43(5) (Government Notice No. R. 25 17 of 9 Decem- ber 1988)