1. That the following be a new clause to follow clause 4:
Amendment of Schedule 6 of the Constitution of the Republic of South Africa, 1996, as amended by section 3 of the Constitution First Amendment Act of 1997, section 5 of the Constitution Second Amendment Act of 1998, and by section 20 of the Constitution Sixth Amendment Act of 2001
5. Schedule 6 of the Constitution is hereby amended by the insertion of the following item after item 24:
"Transitional arrangements regarding provincial assets and liabilities
24A(1)(a) Any immovable provincial asset that is situated in an area that is to be relocated to another province (the receiving province) as a result of the provisions of the Constitution Twelfth Amendment Act of 2005, vests in the provincial government of the receiving province.
(b) A registrar of deeds must upon the production of a certificate signed by the premiers concerned that immovable property described in the certificate is vested in the provincial government of the receiving province in terms of this item, make such entries or endorsements in or on any relevant register, title deed or other document to register such immovable property in the name of that provincial government.
(2) Any movable asset, rights, obligations, duties or liabilities associated or connected with immovable property referred to subitem (1) vest in the provincial government of the receiving province concerned, except if the two provincial governments concerned reach an alternative agreement.
OPTION 2
NEW CLAUSE
1. That the following be a new clause to follow clause 4:
Amendment of Schedule 6 of the Constitution of the Republic of South Africa, 1996, as amended by section 3 of the Constitution First Amendment Act of 1997, section 5 of the Constitution Second Amendment Act of 1998, and by section 20 of the Constitution Sixth Amendment Act of 2001
6. Schedule 6 of the Constitution is hereby amended by the insertion of the following item after item 24:
"Transitional arrangements regarding the transfer of provincial functions, assets and liabilities 24A. (1) Where a particular area will in future as a result of the provision of the Constitution Twelfth Amendment Act of 2005 be relocated in a province (the receiving province) other than the province (the releasing province) in which it was located immediately before the commencement of the Constitution Twelfth Amendment Act of 2005 -
(a) any function exercised or service delivered by the provincial government of the releasing province in the area in question must be exercised or delivered by the provincial government of the receiving province; and
(b) any asset, right, obligation, duty or liability associated or connected with the exercise of such function or the delivery of such service vests in the provincial government of the receiving province.
(2) Where immovable property vests in the provincial government of a receiving province in terms of subitem (1), a registrar of deeds must upon the production of a certificate signed by both the premier of the releasing province and the premier of the receiving province, make such entries or endorsements in or on any relevant register, title deed or other document to register such immovable property in the name of the provincial government of the receiving province.
OPTION 3
NEW CLAUSE
1. That the following be a new clause to follow clause 4:
Amendment of Schedule 6 of the Constitution of the Republic of South Africa, 1996, as amended by section 3 of the' Constitution First Amendment Act of 1997, section 5 of the Constitution Second Amendment Act of 1998, and by section 20 of the Constitution Sixth Amendment Act of 2001
5. Schedule 6 of the Constitution is hereby amended by the insertion of the following item after item 24:
"Transitional arrangements regarding provincial assets and liabilities 24A. (1)Where a particular area will in future as a result of the provision of the Constitution Twelfth Amendment Act of 2005 be relocated in a province (the receiving province) other than the province (the releasing province) in which it was located immediately before the commencement of the Constitution Twelfth Amendment Act of 2005 -
(a) any immovable provincial asset situated in such an area, vests in the provincial government of the receiving province; and
(b) the provincial government of the releasing province and the provincial government of the receiving province must conclude an agreement before ... 2006-
(i) on how any asset other than an immovable asset, right, obligation, duty or liability associated or connected with the exercise of a function or the delivery of a service by the provincial government in the area in question is to be allocated between the two provincial governments concerned; or
(ii) on whether the provincial government of the releasing province would continue on an agency basis with the exercise of a function or the delivery of a service in the area in question.
(2) Where immovable property vests in the provincial government of a receiving province in terms of subitem (1), a registrar of deeds must upon the production of a certificate signed by both the premier of the releasing province and the premier of the receiving province, make such entries or endorsements in or on any relevant register, title deed or other document to register such immovable property in the name of the provincial government of the receiving province.