Amendments(draft1)
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.
____________________________________________________________________

BILL

To amend the Constitution of the Republic of South Africa, 1996, so as to provide for Bills regulating certain financial matters to be dealt with in terms of section 76(1) of the Constitution; to change the name of the Northern Province to Limpopo Province; to further regulate provincial supervision of, and intervention in, local government; and to further regulate the process of review by the National Council of Provinces where there has been national executive intervention in provincial government and provincial executive intervention in local government; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Amendment of section 76 of Act 108 of 1996

1. Section 76 of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution), is hereby amended by the substitution for paragraph (b) of subsection (4) of the following paragraph:
"(b) envisaged in Chapter 13, and which [affects] includes any provision affecting the financial interests of the provincial sphere of government.".

Amendment of section 100 of Act 108 of 1996

2. Section 100 of the Constitution is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) If the national executive intervenes in a province in terms of subsection (1)(b)—
(a) notice of the intervention must be [tabled in] submitted to the National Council of Provinces within 14 days [of its first sitting] after the intervention began;
(b) the intervention must end [unless] if it is not approved by the Council within [30] 180 days of its first sitting after the intervention began or if it is disapproved by the Council earlier; and
(c) the Council [must] may review the intervention regularly and may make any appropriate recommendations to the national executive.".

OPTION
2. Section 100 of the Constitution is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) If the national executive intervenes in a province in terms of subsection (1)(b)—
(a) it must submit a written notice of the intervention [must be tabled in] to the National Council of Provinces within 14 days [of its first sitting] after the intervention began;
(b) the intervention must end [unless it is approved by] if the Council disapproves the intervention within [30] 180 days [of its first sitting] after the intervention began or by the end of that period has not approved the intervention; and
(c) while the intervention continues, the Council must review the intervention regularly and

may make any appropriate recommendations to the national executive.".

Amendment of section 103 of Act 108 of 1996

3. Section 103 of the Constitution is hereby amended by the substitution for paragraph (g) of subsection (1) of the following paragraph:
"(g) [Northern Province] Limpopo Province".

Substitution of section 139 of Act 108 of 1996

4. The following section is hereby substituted for section 139 of the Constitution:

"Provincial supervision of local government

139. (1) When a municipality cannot or does not—
(a) fulfil an executive obligation in terms of legislation or the Constitution;
(b) approve a budget or revenue-raising measures giving effect to the budget; or
(c) fulfil any other obligation specified by an Act of Parliament where the serious or persistent breach of such obligation threatens the health and safety of residents of the municipality,
the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation [, including—].
(1A) The steps a provincial executive may take in terms of subsection (1) include—
(a) issuing a directive to the Municipal Council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; and
(b) assuming responsibility for the relevant obligation in that municipality to the extent necessary—
(i) to maintain essential national standards or meet established minimum standards for the rendering of a service;
(ii) to prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or
(iii) to maintain economic unity.
(1B) If a municipality, as a result of a crisis in its financial affairs, is in a serious or persistent breach of its obligations to provide basic services or to meet its financial commitments, the relevant provincial executive must intervene by taking effective steps to resolve the crisis, including—
(a) adopting a recovery plan to restore the municipality to financial health; and
(b) if the municipality cannot or does not implement the recovery plan—
(i) assuming responsibility for the implementation of the recovery plan; and
(ii) approving a budget and revenue-raising measures giving effect to the recovery plan.
(1C) Section 100 applies if a provincial executive cannot or does not fulfil an obligation in terms of subsection (1B).
(2) If a provincial executive intervenes in a municipality in terms of subsection [(1)(b)] (1A)(b)—
(a) the intervention must end [unless] if it is not approved by the Cabinet member responsible for local government affairs within [14] 40 days [of] after the intervention began;
(b) notice of the intervention must be [tabled in] submitted to the provincial legislature and [in] to the National Council of Provinces within 14 days [of their respective first sittings] after the intervention began;