Report: Municipal Structures Amendment Bill [B 22 - 2002], dated 7 June 2002:

The Portfolio Committee on Provincial and Local Government, having considered the subject of the Local Government: Municipal Structures Amendment Bill [B 22 - 2002] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 22A - 2002].

The Committee further reports, as follows:

1. The Bill basically addresses the consequences of constitutional amendments providing for "crossing the floor" in the local government sphere.

2. The current electoral system in the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), is very closely linked to the model of local government. The model was significantly based on a prohibition of "floor crossing". In respect of both the constitutional amendments as well as the amendment of the principal Act by this Bill, there has been a concern to provide for "floor crossing" in a way that does not erode the foundations of the new model of local government, especially the concepts of democracy underpinning it.

3. The Committee believes that the provisions of this Bill respond appropriately to the above concerns and that they could serve to strengthen aspects of the new model of local government.

4. The provisions to allow for "crossing the floor" have consequences for the composition of district councils, metropolitan subcouncils and other municipal structures and committees. Among other matters, the Bill provides for the reconstitution of metropolitan subcouncils in terms of a new formula that makes provision for "floor crossing". It is difficult at this stage to fully anticipate all the consequences that "crossing the floor" will have for district councils, metropolitan subcouncils and other municipal structures and committees. The Committee will closely monitor the process. The Committee urges the Department of Provincial and Local Government to play a full and effective role in ensuring that all the practical consequences of "floor crossing" are catered for through legislation, including regulations, as well as guidelines and other appropriate means.

5. The provisions on "crossing the floor" also confer additional responsibilities on the Electoral Commission. The Commission is urged to put the necessary infrastructure and procedures in place to attend to these responsibilities expeditiously.