hh031005

SUMMARY OF SUBMISSIONS ON THE CONSTITUTION TWELFTH AMENDMENT BILL OF 2005, SUBMITTED IN TERMS OF SECTION 74(5) OF THE CONSTITUTION TO THE MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT

NO.

AFFECTED PROVINCES

AFFECTED MUNICIPALITY

NAME OF PERSON / INSTITUTION

SUPPORTS / OBJECTS

COMMENTS

1.

Gauteng

 

Gauteng Legislature

Supports, with no proposed amendments at this point in time

  • The Local Government Committee emphasises that the Department of Local Government must concluded the following matters before the Bill is passed:

(i) Consultation with communities of the affected areas.

(ii) An audit assessment of assets and liabilities in relation to the financial viability of the affected municipal areas.

(iii) An assessment of existing and expected human settlement and migration patterns in relation to the provision of free basic services.

  • The Committee will deliberate thoroughly on the Bill upon formal referral thereof to the Committee.
  • The Committee will, upon formal consideration of the Bill, apply itself to the social and financial implications of the Bill for the province.

2.

Eastern Cape

 

Eastern Cape Provincial Legislature

Supports

None

3.

Eastern Cape / KwaZulu-Natal

(a) Matatiele Local Municipality

(b) Sisonke District Municipality

(c) Alfred Nzo District Municipality

Matatiele Municipality

Objects

Objections / concerns:

  • Since its establishment in 1994, the Matatiele Municipality fell under the jurisdiction of the KwaZulu-Natal (KZN) provincial legislature and was responsible to that executive authority only.
  • The Municipal Demarcation Board (MDB) did not embark on an extensive consultative and participating process in order to investigate and make sensible recommendations that would strengthen local government and ensure affordable and sustainable service delivery.
  • The proposals are not based on the criteria prescribed by sections 24 and 25 of the Local Government: Municipal Demarcation Act, 1998, that must be considered when determining municipal boundaries.
  • The present proposals will not address the critical issue of service delivery to the poor people and need to be reconsidered with the intention of meeting the needs of the people.

  • The majority of the people in the Alfred Nzo District Municipality want to be part of KZN. It is therefore important that a democratic process be followed in determining the opinion of the people in this regard.

Proposals:

OPTION 1:

  • Matatiele, not being a cross-boundary municipality, to remain in KZN.
  • Maluti rural area to become part of Matatiele (if the Maluti rural communities so wish). Alfred Nzo District Municipality will then have one local municipality, namely Umzimvubu.
  • Based on population it could make Alfred Nzo District Municipality more effective in service delivery.

OPTION 2:

  • Umzimkulu Local Municipality to fall within Sisonke district (as per map 2 of the Schedule to Notice 1594 of 2005).
  • Matatiele Local Municipality to fall within Sisonke district (as per map 3 of the Schedule to Notice 1594 of 2005).
  • Umzimvubu Local Municipality to fall within the Ukhahlamba or Oliver Tambo district.
  • Alfred Nzo District Municipality to be disestablished.

OPTION 3:

  • Alfred Nzo District Municipality to be incorporated into KZN.
  • That the following local municipalities in KZN constitute the Sisonke and Alfred Nzo District Municipalities:

Sisonke District Municipality – DC 43 – KZN:

(i) Ingwe

(ii) Kwasani

(iii) Ubuhlebezwe

(iv) Umzimkulu

(v) Mkhomazi Wilderness

Alfred Nzo District Municipality – DC 44 – KZN:

(i) Greater Kokstad

(ii) Matatiele

(iii) Umzimvubu

(See submission for additional comments on Option 3.)

Recommendations:

  • That the Cross-boundary Municipalities Laws Repeal Bill, 2005, and the Constitution Twelfth Amendment Bill be amended to accommodate option 3.
  • That the process provided for in section 26 of the Local Government: Municipal Demarcation Act, 1998, be regarded as critical to the outcome of these two Bills.

4.

Eastern Cape / KwaZulu-Natal

Matatiele Local Municipality

CEDARVILLE & DISTRICT FARMER’S ASSOCIATION

Objects

Objections / concerns:

  • Most government operations take place in KZN. All of the organisation's elected structures and umbrella organizations function within KZN. The members of the organisation are concerned that their enormous distance from Bisho would disadvantage them in terms of government administration.
  • The majority of residents, employees, farmers, businessmen and women oppose the move to the Eastern Cape.
  • Education and sport structures are well established in KZN. Children in the region travel to nearby centres in KZN to further their sport and education. Changing all of this would be costly.
  • The region is cut off from the larger Eastern Cape by treacherous gravel roads. These dangers pose a threat to the members of the organisation, their children and families should they be forced to reach hospitals, administrative centres or sporting activities in the Eastern Cape centres.
  • East Griqualand is a unified and well functioning society. The proposals would split East Griqualand in half which is unacceptable.
  • Land claims have recently been transferred from the Eastern Cape to KZN. Transferring those claims back to the Eastern Cape would create unacceptable delays in the land reform process.
  • The nature of the recent disclosures, as perceived by the organisation's members and the residents of that region "smack of non-transparency and autocratic rule".
  • The proposals to incorporate any portion of East Griqualand into the Eastern Cape must be set aside permanently and unconditionally.

5.

Gauteng / North West

(a) Westonaria Local Municipality

(b) Merafong Local Municipality

(a) Greater Westonaria Concerned Residents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(b) Greater Westonaria Taxi Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(c) Western Gauteng Taxi Council

 

 

 

 

 

 

(d) Ipeleng Primary School

Objects

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Objects

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Objects

 

 

 

 

 

 

 

 

Objects

Objections / concerns:

  • Reviving certain mining operations will play an essential role in the economic development of Westonaria and the region.
  • The Gauteng Transport Board approved that the Western Gauteng Taxi Council establishes and administers its own transportation board with the assistance of the West Rand District Municipality Transport Department.
  • Regional school sports will be affected. Travelling to Potchefstroom or Klerksdorp to participate in the Southern Region will have a negative financial impact on the people concerned.
  • Bekkersdal Urban Renewal played an essential role in, amongst others, poverty alleviation strategies, employment opportunities and improvement of living conditions of communities.
  • Leratong Hospital is 15 minutes drive whilst Potchefstroom Hospital is 100 kilometres away. This will have a negative financial impact.
  • The wealth redistribution will affect the economic sustainability of Gauteng.
  • Geographically it is impractical to incorporate Westonaria Local Municipality into North West as Westonaria is 33 kilometres from Johannesburg and 300 kilometres from Mafikeng.
  • The Gauteng provincial legislature is more accessible to the communities of Westonaria than the North West provincial legislature.
  • Education district offices of Gauteng are more accessible to the community than the district offices in North West. Access to district offices in North West will have a negative financial impact on the people concerned.
  • Educational development in Gauteng is better than in North West.
  • The undemocratic decision to include Westonaria Local Municipality in North West infringes on constitutional rights of the community.
  • The inclusion of Westonaria Local Municipality in North West will impact negatively on urban development viz a viz rural development.

(See submission for demands)

Objections / concerns:

  • The 1991-1994 political riots in Bekkersdal forced people into permanent exile in neighbouring towns such as Randfontein, Krugersdorp and Soweto. Those people are still travelling to Bekkersdal to visit relatives and to attend funerals and customary occasions.
  • Majority of the children attend tertiary institutions in Randfontein, Mogale, Tshwane, Johannesburg and Vereninging.
  • People use taxis as their mode of transport for the above purposes.
  • Gauteng Transport Board has established transport offices closer to Westonaria in order to bring services closer to the people.
  • If Westonaria is to move to North West, taxi owners will have to re-apply for transport licences. Travelling to Randfontein, Mogale, Tshwane etc. will also require inter-provincial licences.
  • A very low percentage of commuters travel to North West.
  • Commuters will suffer if they are compelled to travel to Potchefstroom or Mafikeng for social, welfare, educational, justice and health services.

 

Objections / concerns:

  • Operating licences are route based.
  • 95% of its affiliates' permits are held by the Johannesburg Local Transportation Board.
  • Surrounding areas, for example, Krugersdorp, Randfontein, Soweto and Johannesburg will cease to operate with its affiliates as they will need concurrency permits. This will result in taxi owners having to close their businesses.

Objections / concerns:

  • Political demarcation versus education departmental demarcation.
  • Gauteng provides free scholar transport.
  • Schools benefit from the Urban Renewal Project.
  • Transfer of personnel will be problematic.
  • Schools receive financial assistance for programmes such as HIV/AIDS.
  • Gauteng schools are mostly section 21C (old Model C) schools.

6.

Eastern Cape / KwaZulu-Natal

Matatiele Local Municipality

Mr A Khoali

Objects

Objections / concerns:

  • 90% of the community of Matatiele, together with its surrounding rural components, want to remain part of KZN.
  • Most people in the area work in KZN and have relatives there.
  • Matatiele is 2h30 hours drive from Pietermaritzburg and 7h00 hours drive from Bisho.
  • Lack of consultation and public participation in the process.

7.

Gauteng / Mpumalanga

Kungwini Local Municipality

Mr J B Sibanyoni

 

Proposal:

  • Ekangala should be incorporated into the Kungwini Local Municipality in Gauteng.

Motivation:

  • Ekangala Township is part and parcel of Bronkhorstspruit. In terms of the Single Tax Base, Ekangala Township should not be separated from Bronkhorstspruit. The majority of councilors and officials employed by the Kungwini Local Municipality (Bronkhorstspruit) are residing in Ekangala.
  • When the then Kwa-Ndebele Homeland obtained independence, Ekangala was incorporated into Kwa-Ndebele Homeland without the consent and against the wishes of the residents of Ekangala. Ekangala residents voiced their objection towards the incorporation.
  • Ekangala residents still have strong links with the East Rand (Gauteng). Most of them are still employed in Springs, Kemptonpark, Benoni, Johannesburg and Pretoria. There is a daily bus and taxi service from Ekangala to the East Rand.
  • The recommendation by the MDB that the entire district of Metsweding, which includes the Kungwini Local Municipality, be incorporated into Gauteng is strongly supported by all the residents of Metsweding.

8.

Eastern Cape / KwaZulu-Natal

(a) Alfred Nzo District Municipality

(b) Matatiele Local Municipality

Mr L Mapholoba

Supports, with the exception of the exclusion of the small portion from the Matatiele Local Municipality

Proposals:

  • The size of Alfred Nzo District Municipality must be increased. The MDB is requested to consider this proposal after the elections.
  • The MDB is requested to consider including the municipality of Mbizana and Ntabankulu into Alfred Nzo District Municipality.
  • The MDB is requested to consider investigating whether Mt Fletcher Magisterial District cannot be integrated into the Matatiele Local Municipality.
  • The issue of Kokstad and its inclusion into the area of Alfred Nzo District Municipality must be investigated.

Objections / concerns:

  • The small portion to be excluded from the Matatiele Local Municipality is squarely in Maluti and cannot be administered by the Umzimvubu Local Municipality. This will create an island in Matatiele Local Municipality that will be controlled by another municipality. That area should remain in the Matatiele Local Municipality.

9.

Gauteng / North West

Westonaria Local Municipality

Mr E Mazibuko

Objects

Objections / concerns:

  • Lack of consultation.
  • The motivation for the proposal, based on the impracticality thereof, is questioned.

10.

Gauteng / North West

Westonaria Local Municipality

Democratic Alliance: Westonaria

Objects

Objections / concerns:

  • It is not possible to separate the people of Greater Westonaria from Gauteng.
  • When the residents of Westonaria seek education services and schools, health services and hospitals, welfare and home affairs offices, shopping centres etc. they go to Randfontein, Krugersdorp and Johannesburg and not to Carletonville, Potchefstroom and Klerksdorp.
  • Schooling: There are currently not enough schools in the area. As Gauteng, with its wealth, has not been able to provide sufficient education facilities for the children, it is questioned how North West will manage. Children are transported to schools in transport funded by Gauteng. North West does not provide this service.
  • Health services and hospitals: The people in the community who rely on State Hospitals use the Leratong Hospital (which is approximately 20 km away). The closest hospital in North West is the Carltonville Hospital (which is approximately 35 km from Bekkersdal).
  • Welfare: The aged in the community who depend on a State pension use the office in Randfontein (which is approximately 12 km away). The distance to the North West towns is considerably further. It is questioned how the underprivileged aged and others in the community who depend on State grants will manage.
  • Home Affairs: People use the Home Affairs office in Randfontein. There is an office in Carletonville, but the distance and cost of transport is a major factor.
  • Protection Services: The SAPS on the West Rand has always been a part of the Westonaria community. An association has been formed that is of great importance to the community. This trust relationship will be broken to the detriment of law and order.
  • Economy: The economy of Westonaria is an integral part of the West Rand and will not benefit North West. The people will continue to do their business in the neighbouring towns in Gauteng, should the boundary change be forced upon them.
  • See the submission for a discussion of the factors that the MDB must take into account when determining a municipal boundary.
  • There will be the obvious, but absolutely unnecessary, costs to the community of re- registration of motor vehicles, to businesses for changes to letterheads etc. and to the State for all the expenses associated with the boundary change.
  • In deciding to incorporate Westonaria into North West, the best interests of the community have not been considered, nor has the community been engaged in discussions or consultation regarding the matter.
  • Westonaria is not a cross-boundary municipality and therefore there is no good reason to incorporate it into North West.

11.

Gauteng / Mpumalanga

(a) Metsweding District Municipality

(b) Kungwini Local Municipality

Mr G A Sikhonde

 

Proposals:

  • That the entire Metsweding District Municipality be incorporated into Gauteng.
  • That Ekangala be incorporated into Kungwini Local Municipality in Gauteng.
  • That the new provincial boundaries be drawn in such a way that the whole Metsweding District Municipality (specifically Ekangala) falls in Gauteng.

Motivation:

  • The Ekangala Action Committee was disintegrated when members thereof and the community at large were victimized and physically assaulted for opposing the incorporation of Ekangala into the then Kwa-Ndebele. The Ekangala Civic Organisation was established and it proceeded with the plight of the people of Ekangala.
  • When the new boundaries of the democratic South Africa were drawn, Ekangala was demarcated into the then Eastern Transvaal province (by mistake according to the MDB).
  • Many protest marches were held and petitions submitted calling for Ekangala to be part of Bronkhorstspruit in Gauteng.

12.

Gauteng / Mpumalanga

(a) Metsweding District Municipality

(b) Kungwini Local Municipality

Mr M J Maseko

 

Proposals:

  • That the entire Metsweding District Municipality be incorporated into Gauteng.
  • That Ekangala be incorporated into Kungwini Local Municipality in Gauteng.
  • That the Bill be amended to incorporate the entire Metsweding District Municipality (especially Ekangala) into Gauteng.

Motivation:

  • The Ekangala Action Committee rejected the proposal in 1985/1986 by the then Kwa-Ndebele Government that one part of Ekangala would be incorporated into Kwa-Ndebele Homeland and that the other will remain under the then East Rand (now Gauteng).
  • The community protested against the intended incorporation by means of demonstrations and marches.
  • The Action Committee took the matter up with the then Minister of Internal Affairs and opposed the incorporation. However, the incorporation could not be reversed.
  • The Legal Resources Centre in Pretoria was even requested to challenge the incorporation in the Supreme Court, but the application could not be proceeded with due to certain reasons.

13.

Gauteng / Mpumalanga

(a) Metsweding District Municipality

(b) Kungwini Local Municipality

Mrs T A Sibanyoni

 

Proposals:

  • That the entire Metsweding District Municipality be incorporated into Gauteng.
  • That Ekangala Township be incorporated into Kungwini Local Municipality in Gauteng.
  • That the Bill be amended to incorporate Ekangala, Kungwini Local Municipality and the entire Metsweding District Municipality into Gauteng.

 

Motivation:

  • It was a rule and policy that only people from the then East Rand qualified to be accommodated at Ekangala. At a later stage people from Mamelodi were also accommodated.
  • When Ekangala was forcefully incorporated into the then Kwa-Ndebele Homeland, Ekangala residents objected but the objection was quashed by the Security Police and some officials and Ministers from the Kwa-Ndebele Homeland.
  • When the new provincial boundaries of the democratic South Africa were drawn, the residents of Ekangala were informed that Ekangala was demarcated into the then Eastern Transvaal province due to a technical error. That error was never rectified.
  • The proposals to disband the Metsweding and Kungwini cross-boundary municipalities are supported by the majority of Ekangala residents, the whole Kungwini and the entire Metsweding District.

14.

Limpopo

 

Limpopo Legislature

Supports

  • The Bill will go a long way in alleviating the challenges and concerns that are being faced by cross-boundary municipalities.
  • The Bill will expedite the transformation process and service delivery to the people.
  • Public hearings will be conducted to solicit the views of the affected people once the Bill has formally been referred to the Legislature for consideration.

SUMMARY OF SUBMISSIONS ON THE CONSTITUTION TWELFTH AMENDMENT BILL OF 2005, SUBMITTED AS A RESULT OF THE PRESS STATEMENT ISSUED BY THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT

NO.

AFFECTED PROVINCES

AFFECTED MUNICIPALITY

NAME OF PERSON / INSTITUTION

SUPPORTS / OBJECTS

COMMENTS

1.

   

Department of Land Affairs

Supports

  • The Bill has been considered and at this stage does not appear to have material implications for the Department.