CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL BILL

[B36-2005]

PROPOSED AMENDMENTS

2005-11-01

CLAUSE 2

1. On page 4, from line 32, to omit "proposed demarcation by the Municipal Demarcation Board of a municipality", and to substitute:

proposed demarcation of a municipality published by the Municipal Demarcation Board

NEW CLAUSE

1. That the following be a new clause to follow clause 4:

Transitional arrangements regarding the transfer of provincial functions, assets and liabilities

5. (1) Where a particular area is relocated from one province (the releasing province) to another province (the receiving province) as a result of the provisions 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, subject to subsections (2) and (3), 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) The provincial government of the releasing province and the provincial government of the receiving province may before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005 enter into an implementation protocol in terms of section 35 of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), in order to provide for –

(a) the provincial government of the releasing province to continue exercising a function or delivering a service on an agency basis in the area in question; or

(b) the transfer of staff in accordance with applicable labour law from the provincial government of the releasing province to the provincial government of the receiving province.

(3) (a) If an agreement on the content of an implementation protocol envisaged in subsection (2) cannot be reached before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005, the matter must be referred to the National Council of Provinces.

(b) The National Council of Provinces must assist the provincial governments concerned in any manner necessary in order to reach agreement within two months after the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005.

(c) If no agreement is reached within the period referred to in paragraph (b), subsection (1) applies without any exception.

(4) Where an implementation protocol has been concluded as provided for in subsections (2) and (3), the President’s Co-ordinating Council referred to in section 6 of the Intergovernmental Relations Framework Act, 2005, must co-ordinate the implementation of the protocol in question.

(5) (a) Where immovable property vests in the provincial government of a receiving province in terms of subitem (1), the registrar of deeds having jurisdiction 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.

(b) No duty, fee or other charge is payable in respect of a registration in terms of paragraph (a).

 

 

CLAUSE 5

1. On page 6 in line 20, to omit "Cross-boundary Municipalities Laws Repeal Act, 2005", and to substitute:

Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005