REALIGNMENT OF PROVINCIAL BOUNDARIES CONSTITUTION 12TH AMENDMENT BILL, 2005
PRESENTATION TO THE PORTFOLIO COMMITTEE
INTRODUCTION
- The present nine provinces of the Republic were established through the Interim Constitution, 1993 by reference to magisterial districts.
- This dispensation was continued in the Constitution Act 1996, albeit indirectly.
- This has resulted in practical difficulties in respect of service delivery and also resulted in the cross boundary municipalities dispensation.
BACKGROUND
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Consequently we had establishment of 16 boundary municipalities in the country.
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Representations on the problems with administration of cross boundary municipalities were made.
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PCC resolved 5 Nov 2002 to do away with CBM.
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The objective is therefore that service delivery should be enhanced by the new term of municipalities with all municipalities falling within a specific province.
- Proposed demarcations are a result of those observations & subsequent investigations and consultations.
CURRENT CHALLENGES
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Provinces have different legislation for similar functions
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Health - different legislation and funding from 2 provinces
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Housing - subsidisation of such projects negatively impact on delivery of housing
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Traffic - a CBM must administer laws of 2 provinces, resulting in confusion for road users
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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
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IDPs - co-Ordination and integration of programmes, budgets and priorities of2 provinces are difficult
- Auditing -
subject to 2 provincial A-G's
- Grants / funding
- duplicate financial accounting systems
- Service delivery
- paucity in accountability
BACKGROUND TO THE CR0SS BOUNDARY MUNICIPALITIES LAW REPEAL BILL
- In giving effect to the 2002 decision of the Presidential Co-ordinating Council to do away with the notion of cross-boundary municipalities the Constitution 12th Amendment Bill seeks to repeal
- Constitutional provisions (5 155(6A) and 5 157 (4)(b)) dealing with cross-boundary municipalities. Consequently the Repeal Bill allows for smooth transitional arrangements consequent to the Constitutional amendments.
HOW THE 12 TH CONST BILL DETERMINES GEOGRAPHICAL AREAS OF PROVINCES
- A new Schedule 1A is inserted in the Constitution defining the areas of provinces with reference to municipal demarcation maps contained in official notices.
- By using municipal demarcation maps, the greatest common denominator of geographical areas is used, namely the metropolitan and district municipalities. These structures represent wall to wall municipalities, whilst local municipal areas do not cover the whole of the territory of the Republic.
THE CROSS-BOUNDARY MUNICIPALITIES REPEAL BILL
- The Repeal Bill, repeals all provisions relating to cross-boundary municipalities that were not contained in the Constitution. It repeals the Cross-boundary Municipalities Act; provisions in the Municipal Structures Act and the 2000 and 2005 Acts dealing with the redetermination of the boundaries of cross-boundary municipalities.
- It must be noted that in order to ensure a smooth transition from CBM dispensation to a new dispensation of the realigned boundaries the Bill provides for consequential arrangements.
PROVISIONS OF THE CBM LAWS REPEAL BILL
- Clause 1: Definitions
- Clause 2: Deals with consequential arrangements from the realignment in terms of the Constitution Bill e.g realigned municipalities are deemed to have been properly established with the requisite section 12 notices.
- There is provision for the newly established municipalities to be the successor in law of the previous CBM.
- MECs allowed to take steps to prepare for elections for the newly realigned municipalities.
- Sub 4: Proposed demarcation by MDB is deemed to be proper demarcation and proposed section 12 notices deemed to be proper notices.
- There is provision for succeding municipality to be successor in law of realigned municipality.
- Clause 3: Repeals laws specified in the schedule
- Clause 4: Savings provision; MECs also allowed to facilitate smooth transition through amendments to section 12 notices if necessary.
SCHEDULES TO THE C BM LAWS REPEAL BILL
- Schedule 1: Laws repealed.
- Schedule 2: Demarcation of newly established municipalities in a province, allowing the demarcation of a particular cross-boundary municipality to be the demarcation of the newly established municipality in one province.
SCHEDULES TO THE CROSS BOUNDARY MUNICIPALITIES LAWS REPEAL BILL (2)
- Schedule 3: Deemed establishment of new municipality in a province, allowing for a section 12 notice to be a section 12 notice of the newly established municipality in a province, e.g. Greater Grobleradal Local Municipality deemed to be established in Limpopo.
- Schedule 4: Demarcation of newly established municipalities in a province, allowing for proposed demarcations of particular municipalities to be the demarcation of municipalities that reflect a new composition or location in a particular province, e.g. Matatiele Local Municipality deemed to be demarcated in Eastern Cape.
SCHEDULES TO THE CROSS BOUNDARY MUNICIPALITIES LAWS REPEAL BILL (3)
- Schedule 5: Deemed establishment of new municipality in a province, allowing for proposed section 12 notices to be section 12 notices of municipalities that reflect a new composition or location in a particular province, e.g. Matatiele Local Municipality deemed to be established in Eastern Cape.
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
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The Constitution, 1996, as read with the Interim Constitution, must be amended to effect the proposals.
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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
- The Cross Boundary Municipalities Laws Repeal Bill has thus been prepared and published for comments until 26 September 2005 to effect the above.
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Proposals were published by the MDB on the 19th August 2005 to facilitate public interaction.
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The Bill has been submitted to legislatures for an opinion and further consideration.
CONCLUSION
- It is our conclusion that in the past 5 years of our new system of local government CBM have proved unworkable.
- It is government's vision that in the next term of municipalities, service delivery should not be hampered by cross boundary municipalities.
- We herewith therefore recommend that the Committee note the presentation on the policy rationale for the Bill in its consideration.