REALIGNMENT OF PROVINCIAL BOUNDARIES CONSTITUTION 12TH AMENDMENT BILL, 2005

PRESENTATION TO THE PORTFOLIO COMMITTEE


INTRODUCTION


BACKGROUND

· Consequently we had establishment of 16 boundary municipalities in the country.

· Representations on the problems with administration of cross boundary municipalities were made.

· PCC resolved 5 Nov 2002 to do away with CBM.

· The objective is therefore that service delivery should be enhanced by the new term of municipalities with all municipalities falling within a specific province.


CURRENT CHALLENGES

· Provinces have different legislation for similar functions

· Health - different legislation and funding from 2 provinces

· Housing - subsidisation of such projects negatively impact on delivery of housing

· Traffic - a CBM must administer laws of 2 provinces, resulting in confusion for road users

· Ambulance services - in 1 part of the CBM, the service may be rendered by the district, and in the other part, by the local municipality

· IDPs - co-Ordination and integration of programmes, budgets and priorities of2 provinces are difficult


BACKGROUND TO THE CR0SS BOUNDARY MUNICIPALITIES LAW REPEAL BILL


HOW THE 12 TH CONST BILL DETERMINES GEOGRAPHICAL AREAS OF PROVINCES


THE CROSS-BOUNDARY MUNICIPALITIES REPEAL BILL


PROVISIONS OF THE CBM LAWS REPEAL BILL


SCHEDULES TO THE C BM LAWS REPEAL BILL


SCHEDULES TO THE CROSS BOUNDARY MUNICIPALITIES LAWS REPEAL BILL (2)


SCHEDULES TO THE CROSS BOUNDARY MUNICIPALITIES LAWS REPEAL BILL (3)


NORTH WEST AND NORTHERN CAPE

 

Kgalagadi District

Frances Baard District

Proposal

Move whole district to Northern Cape

Move Phokwane(CBLC7)into NC (ie. Whole district)


[PMG Note: maps :not included]

MPUMALANGA AND LIMPOPO

 

Sekhukhune District

Bohlabela Disctrict

Proposal

The MP portions of CBDC3 are moved to Limpompo

Split district by moving

Bushbuckridge to MP& Maruleng to Limpompo DMA split.


[PMG Note : Maps: not included]


GAUTENG AND MPUMALANGA

 

Ekurhuleni metro

Metsweding (CBDC2)

Proposal

Move Etwatwa/Metro into Gauteng

The whole district is moved to Gauteng


[PMG Note: Maps: not Included]


GAUTENG AND NORTH WEST

 

Tshwane metro

West Rand District

Proposal

Move the whole metro into Gauteng

Move Merafong city & Westonaria to NW; Randfontein & Mogale City to GP.


[PMG Note : Maps : Not Included]


KZN AND EASTERN CAPE

Umzimkulu (EC05b1) be included in KZN and Matatiele L.M. to go to EC: small 21ha of Matatiele Laying in Umzimvubu to be excised from Matatiele To umzim.


PUBLIC CONSULTATION /CONSTITUTIONAL / LEGAL CONSIDERATIONS

· The Constitution, 1996, as read with the Interim Constitution, must be amended to effect the proposals.

· Section 90 of the Structures Act must be repealed together with the Cross Boundary Municipalities Act, 2000, and the Re-determination of the Boundaries of Cross-boundaries Municipalities Act, 2000

· Proposals were published by the MDB on the 19th August 2005 to facilitate public interaction.

· The Bill has been submitted to legislatures for an opinion and further consideration.


CONCLUSION