Second draft!
LOCAL GOVERNMENT: MUNICIPAL STRUCTURES AMENDMENT BILL
[B22-2002]
PROPOSED AMENDMENTS
OPTION 1
Amendment of section 62 of Act 117 of 1998
"(cA) determines a method/mechanism for the appointment of councillors referred to in section 63(1)(b) in accordance with Schedule 4;".
Amendment of section 63 of Act 117 of 1998
5. Section 63 of the Structures Act is hereby amended by the substitution in subsection (2) for paragraph (b) of the following paragraph:
(b) be appointed to the metropolitan subcouncil in accordance with method/mechanism referred to in section 62(1)(cA) [with Schedule 4].".
Substitution of Schedule 4 to Act 117 of 1998
10. The following Schedule is hereby substituted for Schedule 4 to the Structures
Act:
"SCHEDULE 4
Principles of allocating councillors elected from party lists to
metropolitan subcouncils
Principles of allocating seats to parties
1. The seats in the section 63(1)(b) component of a metropolitan subcouncil must be allocated to parties represented in the metro council in a manner that will allow parties and interests reflected in the metro council to be fairly represented in the metropolitan subcouncil in a manner consistent with democracy, taking into account the parties and interests reflected in the section 63(1)(a) component of that metropolitan subcouncil.
Designation of councillors for metropolitan subcouncils
2. Each party represented in a metro council must designate from among the councillors elected from its party list, its representatives to each metropolitan subcouncil in the municipality with regard to which seats were allocated to it in accordance with the principles set out in item 1.
Councillors to serve on one metropolitan subcouncil only
3. No councillor may serve on more than one metropolitan subcouncil.
Vacancies
4. Parties must fill vacancies as they occur.".
OPTION 2
Amendment of section 62 of Act 117 of 1998
4. Section 62 of the Structures Act is hereby amended by the insertion subsection (1) after paragraph (c) of the following paragraph:
'(cA) determines a method/mechanism for the appointment of councillors referred to in section 63(1)(b) in accordance with Part 2 of Schedule 4 when section 63(2)(b) applies;".
Amendment of section 63 of Act 117 of 1998
5. Section 63 of the Structures Act is hereby amended by the substitution in subsection (2) for paragraph (b) of the following paragraph:
"(b) be appointed to the metropolitan subcouncil –
(i) in accordance with Part 1 of Schedule 4. or
(ii) where the composition of the metro council in question has changed as a result of the provisions of section 158A(2) (3) or (4) of the Constitution
in accordance with the method/mechanism referred to in section
62(1)(cA).".
Substitution of Schedule 4 to Act 117 of 1998
10. The following Schedule is hereby substituted for Schedule 4 to the Structures Act:
"SCHEDULE 4
Part 1: Method of allocating councillors elected from party lists to
metropolitan subcouncils
Allocating seats to parties
1. (1) The seats in the section 63(1)(b) component of a metropolitan
subcouncil are allocated to each party in accordance with the following formula (fractions to be disregarded) –
A
- X C
B
Where –
A represents the total number of valid votes cast for each party on the party vote in the area of
the metropolitan subcouncil;
B represents the total number of valid votes cast for each party on the party vote in the area of the metro council; and
C represents the total number of seats allocated to each party in the metro council in accordance with Part 3 of Schedule 1.
A – B = C
Where-
A represents the total number of seats allocated to a party in the metro council in accordance with Part 3 of Schedule 1;
B represents the total number of seats allocated to a party in terms of subitem (1); and
C represents a positive number.
(3) (a) The number of seats allocated to a party in terms subitem (2) are distributed amongst the metropolitan subcouncils sequence of the highest fractions obtained by that party for the respective subcouncils during the calculations in terms of subitem (1).
(b) If the fraction for two or more subcouncils is equal, and the number of seats still to be distributed are less than the number of subcouncils to which the equal fractions apply, the party must elect to which of those subcouncils such seats are to be distributed.
Part 2: Principles of allocating councillors elected from party lists to metropolitan subcouncils
Principles of allocating seats to parties
2. The seats in the section 63(1)(b) component of a metropolitan subcouncil must be allocated to parties represented in the metro council ii manner that will allow parties and interests reflected in the metro council to be fairly represented in the metropolitan subcouncil in a manner consist with democracy, taking into account the parties and interests reflected in the section 63(1)(a) component of that metropolitan subcouncil.
Designation of councillors for metropolitan subcouncils
3. Each party represented in a metro council must designate from among the councillors elected from its party list, its representatives to each metropolitan subcouncil in the municipality with regard to which seats were allocated to it in accordance with the principles set out in item 2.
Part 3: General principles
Councillors to serve on one metropolitan subcouncil only
4. No councillor may serve on more than one metropolitan subcouncil.
Vacancies
5. Parties must fill vacancies as they occur.".
OTHER AMENDMENTS
INSERTION OF NOTE
1. That the following Note be inserted on page 2 to precede the heading "BILL".
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments
______ Words underlined with a solid line indicate insertions in existing enactments
CLAUSE 1
1. That the Clause be rejected.
NEW CLAUSES
1. That the following be new clauses:
Amendment of section 26 of Act 117 of 1998
1. Section 26 of the Local Government: Municipal Structures Act, 1998 (hereinafter referred to as the Structures Act) is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph:
"(b) is appointed as a representative of a local council to a district council for a period ending when the next local council is declared elected, except where such a person is replaced as a result of the provisions of section 158A(6)(e) of the Constitution, the newly appointed representative is appointed for the remainder of the replaced representative's term.".
Amendment of section 27 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000 and section 121 of Act 32 of 2000
2. Section 27 of the Structures Act is hereby amended by the deletion of paragraphs (c) and (f).
Amendment of section 29 of Act 117 of 1998
3. Section 29 of the Structures Act is hereby amended by the addition of following subsection:
"(3) Where the composition of a municipal council has been changed as a result of the provisions of section158A(2), (3) or (4) of the Constitution, the speaker of that council must, subject to section 158A(6)(d) and (e) of the Constitution, convene council meetings for purposes of dealing, amongst others, with the consequences of such a change, the first of which meeting must -
(a) in the case of a metro council or a local council, take place within seven days after
the notice referred to in section 158A(6)(b) of the Constitution was published in respect of the metro council or local council, as the case may be; and
period referred to in section 158A(6)(e) of the Constitution.".
Substitution of section 66 of Act 117 of 1998
6. The following section is hereby substituted for section 66 of the Structures Act:
"Term of office of members
66. {1) The section 63(1)(b) members of a metropolitan subcouncil are [elected] appointed for a term ending, subject to subsection (2) and section 67, when the next metro council is declared elected.
(2) Where a section 63(1)(b) member of a metropolitan subcouncil is replaced as a result of the provisions of section 158A(6)(d) of the Constitution, the newly appointed member is, subject to section 67, appointed for the remainder of the replaced member's term.".
Insertion of new section after section 93 of Act 117 of 1998
7. The following section is hereby inserted after section 93 of the Structures Act:
"Special provisions for the application of section 158A(6) of the Constitution
93A. Where the provisions of section 158A(6) of the Constitution apply, the requirement of prior notice referred to in sections 40, 53(1) and 58 respectively, does not apply to meetings of a municipal council during the period referred to in section 158A(6)(d) of the Constitution.".
Substitution of item 10 of Schedule 1 to Act 117 of 1998, as amended by section 93 of Act 27 of 2000
8. The following item is hereby substituted for item 10 of Schedule 1 to the Structures Act:
"Submission of lists of candidates
10. (1) A list of candidates may be submitted only by a party.
(2) A party that has gained representation in a municipality as result of the provisions of section 158A(2), (3) or (4) of the Constitution, may submit a list of candidates within seven days after the expiry of the period referred to in section 158A(5) of the Constitution.".
Substitution of item 4 of Schedule 2 to Act 117 of 1998, as amended by section 93 of Act 27 of 2000
9. The following item is hereby substituted for item 4 of Schedule 2 to the Structures Act:
"Submission of lists of candidates
4. (1) A list of candidates may be submitted only by a party.
(2) A party that has gained representation in a municipality as a result of the provisions of section 158A(2) (3) or (4) of the Constitution, may submit a list of candidates within seven days after the expiry of the period referred to in section 158A(5) of the Constitution.".
Amendment of Table of Contents of Act 117 of 1998
11. The Table of Contents of the Structures Act is hereby amended -
(a) by the substitution for the reference to Schedule 4 of the following reference"
"SCHEDULE 4
PRINCIPLES OF ALLOCATING COUNCILLORS ELECTED FROM PARTY LISTS TO METROPOLITAN SUBCOUNCILS
1. Principles of allocating seats to parties
2. Designation of councillors for metropolitan subcouncils
3. Councillors to serve on one metropolitan subcouncil only
4. Vacancies"; and
"93A. Special provisions for the application of section 158A(6) of the Constitution".
Transitional arrangement
12. A metro council may determine the mechanism referred to in section 63(2)(b) of the Local Government: Municipal Structures Act, 1998, by way of resolution until a period of 30 days following the period referred to in section 158A(5)(a)(i) of Constitution, has expired.
Short title and commencement
13. (1) This Act is called the Local Government: Municipal Structures Amendment Act, 2002, and with the exception of section 4, comes into operation the date that the Constitution of the Republic of South Africa Amendment Act, 2002 comes into operation.
(2) Section 4 comes into operation after a period of 30 days following the period referred to in section 158A(5)(a)(i) of the Constitution, has expired.
CLAUSE 2
1. That the Clause be rejected.