2005-12-02

CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL BILL

[B36-2005]

PROPOSED AMENDMENTS

CLAUSE 2

1. On page 4, from line 25, to omit "MEC for local government and the Electoral Commission", and to substitute:

MEC for local government, the Municipal Demarcation Board and the Electoral Commission

2. On page 4, from line 51, to omit "MEC for local government and the Electoral Commission", and to substitute:

MEC for local government, the Municipal Demarcation Board and the Electoral Commission

 

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) at the commencement of sections 2 to 4 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.

(d) Where a matter has been referred to the National Council of Provinces as provided for in paragraph (a), the provincial government of the releasing province must continue to exercise any relevant function and deliver any relevant service in the area in question during the two month period referred to in paragraph (b).

(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 subsection (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

2. On page 6, in line 21, to omit "Section 2(3) and (4)(d) of this Act", and to substitute:

Sections 2(3) and (4)(d), and 5 of this Act

SCHEDULES 2 TO 5

1. That Schedules 2 to 5 be rejected.

NEW SCHEDULES

1. That the following be new Schedules to follow Schedule 1:

 

SCHEDULE 2

Demarcation of newly established municipalities in a province

 

 

Designation of municipality

Demarcation notice and date

New designation of municipality (where applicable)

Province in respect of which demarcation is deemed

Metropolitan

Municipality Ekurhuleni

Identified by Map No. 1 of the Schedule to Notice 1179 of 2005

EKU (Map No. 33 of the Schedule to Notice 1594 of 2005)

Gauteng

Metropolitan Municipality Tshwane

Identified by Map No. 2 of the Schedule to Notice 1179 of 2005

TSH (Map No. 32 of the Schedule to Notice 1594 of 2005)

Gauteng

CBDC3 known as Sekhukhune District Municipality

Identified by Map No. 10 of the Schedule to Notice 1179 of 2005

DC47 (Map No. 15 of the Schedule to Notice 1594 of 2005)

Limpopo

CBLC3 known as Greater Marble Hall Local Municipality

Identified by Map No. 11 of the Schedule to Notice 1179 of 2005

NP03a4 (Map No. 16 of the Schedule to Notice 1594 of 2005)

Limpopo

CBLC4 known as Greater Groblersdal Local Municipality

Identified by Map No. 12 of the Schedule to Notice 1179 of 2005

NP03a5 (Map No. 17 of the Schedule to Notice 1594 of 2005)

Limpopo

CBLC5 known as Greater Tubatse Local Municipality

Identified by Map No. 13 of the Schedule to Notice 1179 of 2005

NP03a6 (Map No. 18 of the Schedule to Notice 1594 of 2005)

Limpopo

DC9 known as Frances Baard District Municipality

Identified by Map No. 24 of the Schedule to Notice 1179 of 2005

DC9 (Map No. 11 of the Schedule to Notice 1594 of 2005)

Northern Cape

CBLC7 known as Phokwane Local Municipality

Identified by Map No. 25 of the Schedule to Notice 1179 of 2005

NC094 (Map No. 12 of the Schedule to Notice 1594 of 2005)

Northern Cape

CBDC1 known as Kgalagadi District Municipality

Identified by Map No. 3 of the Schedule to Notice 1179 of 2005

DC45 (Map No. 6 of the Schedule to Notice 1594 of 2005)

Northern Cape

CBLC1 known as Ga-Segonyana Cross-boundary Local Municipality

Identified by Map No. 4 of the Schedule to Notice 1179 of 2005

NC452 (Map No. 8 of the Schedule to Notice 1594 of 2005)

Northern Cape

NW1a1 known as Moshaweng Local Municipality

Identified by Map No. 5 of the Schedule to Notice 1179 of 2005

NC451 (Map No. 7 of the Schedule to Notice 1594 of 2005)

Northern Cape

 

 

SCHEDULE 3

Deemed establishment of new municipalities in a province

 

 

Section 12 notice

Designation of municipality

New designation of municipality (where applicable)

Province in which new municipality is deemed to be established

Notice 3585 of 2005 (Gauteng)

Metropolitan Municipality Ekurhuleni

EKU (Map No. 33 of the Schedule to Notice 1594 of 2005)

Gauteng

Notice 3584 of 2005 (Gauteng)

Metropolitan Municipality Tshwane

TSH (Map No. 32 of the Schedule to Notice 1594 of 2005)

Gauteng

Notice 4768 of 2005 (Gauteng)

GT02b1 known as Nokeng tsa Taemane

GT02b1

Gauteng

Notice 3586 of 2005 (Gauteng)

GT411 known as Mogale City Local Municipality

GT481 (Map No. 30 of the Schedule to Notice 1594 of 2005)

Gauteng

Notice 3586 of 2005 (Gauteng)

GT412 known as Randfontein Local Municipality

GT482 (Map No. 31 of the Schedule to Notice 1594 of 2005)

Gauteng

Notice 302 of 2000 (Northern Province)

CBDC3 known as Sekhukhune District Municipality

DC47 (Map No. 15 of the Schedule to Notice 1594 of 2005)

Limpopo

Notice 302 of 2000 (Northern Province)

CBLC3 known as Greater Marble Hall Local Municipality

NP03a4 (Map No. 16 of the Schedule to Notice 1594 of 2005)

Limpopo

Notice 302 of 2000 (Northern Province)

CBLC4 known as Greater Groblersdal Local Municipality

NP03a5 (Map No. 17 of the Schedule to Notice 1594 of 2005)

Limpopo

Notice 302 of 2000 (Northern Province)

CBLC5 known as Tubatse Local Municipality

NP03a6 (Map No. 18 of the Schedule to Notice 1594 of 2005)

Limpopo

Notice 130 of 2000 (Northern Cape), read with Notice 31 of 2000 (Northern Cape)

DC9 known as Frances Baard District Municipality

DC9 (Map No. 11 of the Schedule to Notice 1594 of 2005)

Northern Cape

Notice 130 of 2000 (Northern Cape), read with Notice 31 of 2000 (Northern Cape)

CBLC7 known as Phokwane Local Municipality

NC094 (Map No. 12 of the Schedule to Notice 1594 of 2005)

Northern Cape

Notice 131 of 2000 (Northern Cape), read with Notice 32 of 2000 (Northern Cape)

CBDC1 known as Kgalagadi District Municipality

DC45 (Map No. 6 of the Schedule to Notice 1594 of 2005)

Northern Cape

Notice 131 of 2000 (Northern Cape), read with Notice 32 of 2000 (Northern Cape)

CBLC1 known as Ga-Segonyana Cross-boundary Local Municipality

NC452 (Map No. 8 of the Schedule to Notice 1594 of 2005)

Northern Cape

 

 

 

SCHEDULE 4

Demarcation of newly established municipalities in a province

Proposed demarcation of a municipality (Municipal Demarcation Board notice and date)

Proposed designation of municipality

Province in respect of which demarcation is deemed

Identified by Map No. 8 of the Schedule to Notice 1257 of 2005

KZ5a6 known as Umzimkulu Local Municipality

KwaZulu-Natal

Identified by Map No. 7 of the Schedule to Notice 1257 of 2005

DC43 known as Sisonke District Municipality

KwaZulu-Natal

Identified by Map No. 11 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005

DC44 known as Alfred Nzo District Municipality

Eastern Cape

Identified by Map No. 10 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005

EC05b2 known as Umzimvubu Local Municipality

Eastern Cape

Identified by Map No. 9 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005

EC05b3 known as Matatiele Local Municipality

Eastern Cape

Identified by Map No. 6 of the Schedule to Notice 1257 of 2005

MP325 known as Bushbuckridge Local Municipality

Mpumalanga

Identified by Map No. 5 of the Schedule to Notice 1257 of 2005

DC32 known as Ehlanzeni District Municipality

Mpumalanga

Identified by Map No. 4 of the Schedule to Notice 1257 of 2005

NP335 known as Maruleng Local Municipality

Limpopo

Identified by Map No. 3 of the Schedule to Notice 1257 of 2005

DC33 known as Mopani District Municipality

Limpopo

Identified by Map No. 14 of the Schedule to Notice 1257 of 2005

NW405 known as Merafong City Local Municipality

North West

Identified by Map No. 13 of the Schedule to Notice 1257 of 2005

DC40 known as Southern District Municipality

North West

Identified by Map No. 12 of the Schedule to Notice 1257 of 2005

DC48 known as West Rand District Municipality

Gauteng

Identified by Map No. 1 of the Schedule to Notice 1257 of 2005

DC46 known as Metsweding District Municipality

Gauteng

Identified by Map No. 2 of the Schedule to Notice 1257 of 2005

GT02b2 known as Kungwini Local Municipality

Gauteng
     

 

 

SCHEDULE 5

Deemed establishment of new municipality in a province

 

Proposed section 12 notice

Proposed designation of municipality

Province in which new municipality is deemed to be established

Designation of former municipality

Notice 1756 of 2005 (KwaZulu-Natal), read with Notice 3253 of 2005 (KwaZulu-Natal)

KZ5a6 known as Umzimkulu Local Municipality (Map No. 8 of the Schedule to Notice 1257 of 2005)

KwaZulu-Natal

 

 

EC05b1

Notice 1756 of 2005 (KwaZulu-Natal), read with Notice 344 of 2000 (KwaZulu-Natal) and Notice 3253 of 2005 (KwaZulu-Natal)

DC43 known as Sisonke District Municipality (Map No. 7 of the Schedule to Notice 1257 of 2005)

KwaZulu-Natal

DC43

Notice 354 of 2005 (Eastern Cape)

DC44 known as Alfred Nzo District Municipality (Map No. 11 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005)

Eastern Cape

DC44

Notice 354 of 2005 (Eastern Cape)

EC05b2 known as Umzimvubu Local Municipality (Map No. 10 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005)

Eastern Cape

EC05b2

Notice 354 of 2005 (Eastern Cape)

EC05b3 known as Matatiele Local Municipality (Map No. 9 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005)

Eastern Cape

KZ5a3

Notice 1286 of 2005 (Mpumalanga), read with Notice 301 of 2000 (Mpumalanga)

MP325 known as Bushbuckridge Local Municipality (Map No. 6 of the Schedule to Notice 1257 of 2005)

Mpumalanga

CBLC6

Notice 1286 of 2005 (Mpumalanga), read with Notice 301 of 2000 (Mpumalanga)

DC32 known as Ehlanzeni District Municipality (Map No. 5 of the Schedule to Notice 1257 of 2005)

Mpumalanga

DC32

Notice 348 of 2005 (Limpopo), read with Notice 409 of 2005 (Limpopo)

NP335 known as Maruleng Local Municipality (Map No. 4 of the Schedule to Notice 1257 of 2005)

Limpopo

NP04a1

Notice 348 of 2005 (Limpopo), read with Notice 409 of 2005 (Limpopo)

DC33 known as Mopani District Municipality (Map No. 3 of the Schedule to Notice 1257 of 2005)

Limpopo

DC33

Notice 651 of 2005 (North West)

NW405 known as Merafong City Local Municipality (Map No. 14 of the Schedule to Notice 1257 of 2005)

North West

CBLC8

Notice 650 of 2005 (North West)

DC40 known as Southern District Municipality (Map No. 13 of the Schedule to Notice 1257 of 2005)

North West

DC40

Notice 3586 of 2005 (Gauteng)

DC48 known as West Rand District Municipality (Map No. 12 of the Schedule to Notice 1257 of 2005)

Gauteng

CBDC8

Notice 4768 of 2005 (Gauteng)

DC46 known as Metsweding District Municipality (Map No. 1 of the Schedule to Notice 1257 of 2005)

Gauteng

CBDC2

Notice 4768 of 2005 (Gauteng)

GT02b2 known as Kungwini Local Municipality (Map No. 2 of the Schedule to Notice 1257 of 2005)

Gauteng

CBLC2

Notice 89 of 2005 (Northern Cape), read with Notice 32 of 2000 (Northern Cape)

NC451 known as Moshaweng Local Municipality (Map No. 7 of the Schedule to Notice 1594 of 2005)

Northern Cape

NW1a1