ATC201127: Report of the Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement on the Local Government: Municipal Structures Amendment Bill [B19B – 2018] (National Assembly – sec 76),dated 26 November 2020

NCOP Cooperative Governance & Traditional Affairs, Water and Sanitation and Human Settlements

Report of the Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement on the Local Government: Municipal Structures Amendment Bill [B19B – 2018] (National Assembly – sec 76),dated 26 November 2020:

 

The Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement, having deliberated on and considered the subject of the Local Government: Municipal Structures Bill [B19B – 2018] (National Assembly – sec 76), referred to the Committee on 17 October 2019 and classified by the JTM as a section 76 Bill, reports that it has agreed to the Bill with amendments, and reports as follows:

 

1. Background

 

The Local Government: Municipal Structures Amendment Bill [B 19B– 2018] seeks to:amend the Local Government: Municipal Structures Act, 1998, so as to insert, delete and amend certain definitions; to remove all references to district management areas; to remove all references to plenary executive system as a type of municipality; to provide for a minimum of 10 councillors per municipality; to amend the deviation threshold; to provide for the prohibition of a councillor who was found guilty of a breach of the Code of Conduct for Councillors for a period of two years; to clarify the date of assumption of office by a councillor; to allow for extension on the declaration of the result of an election; to require the municipal manager to inform the MEC for local government in the province in addition to the Electoral Commission of ward vacancies; to provide that the MEC call and set the date for by-elections; to clarify who can inform the municipal manager of a specific vacancy; to allow the MEC to designate a person to call and chair a meeting of the municipal council when the speaker, acting speaker or municipal manager refuses to call the meeting; to provide for additional functions of the speaker; to provide for a whip of municipal council; to clarify the formula for the composition of an executive committee; to provide for the establishment of a Municipal Public Accounts Committee; to provide for the resolution of a situation where excessive seats may arise from the seat calculation in local municipalities; to amend the timeframe for the municipal manager to inform the chief electoral officer of vacancies; to allow for the MEC to inform the chief electoral officer of vacancies if the municipal manager fails to do so; to clarify the supplementation of party lists for local municipalities; to provide for the resolution of multiple seats which may arise where a candidate qualifies to be elected to more than one seat; to clarify the supplementation of party lists for district municipalities; to provide for a Code of Conduct for Councillors; to provide for transitional arrangements in respect of municipalities with a plenary executive system; and to provide for matters connected therewith.

The Bill is tagged as a Bill to be dealt with in terms of Section 76 of the Constitution (a Bill affecting provinces).

 

Financial implications:

None.

 

1. Public participation process on the local government: Municipal Structures Amendment Bill [B 19B – 2018](National Assembly – sec 76)

 

The Department of Cooperative Governance briefed the Committee on4 February 2020 and thereafter the permanent delegates briefed the provincial legislatures on the Bill. The Select Committee submitted a proposed plan in line with the six-week cycle to the provincial legislatures:

•    The Select Committee received a briefing on the Bill on 4 February 2020.

•    The Permanent Delegates briefed the provinces on the legislation between February and August 2020.

•    On 5 November 2019 the Chairperson of the Council granted the Select Committee’s request for an extension of the 6-week cycle, in terms of Rule 240(3) to allow for sufficient time for provinces to conduct their public hearings. The extension was granted until 24 January 2020.

•    On 31 January 2020 the Chairperson of the Council granted a further request for an extension of time as requested by the Eastern Cape Provincial Legislature.

•    The Select Committee received all the Negotiating Mandates.

 

1. Public Participation Process

The provincial legislatures conducted the public participation process between February and August 2020, and invited stakeholders and interested persons to make written and oral submissions on the Bill.

 

The Select Committee requested all provinces to provide details of their public participation processes followed, including lists of the individuals or organisations and the total number of stakeholders who have been consulted in each province, as well as the number of public hearings held and all relevant details pertaining to the public hearings.

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1. Negotiating Mandates

 

The Committee received nine negotiating mandates in favour of the Bill with proposed amendments.On 28 October 2020, the Select Committee held the Negotiating Mandate meeting with permanent delegates presenting their province’s position on the Bill. The Select Committee received a briefing from the Department of Cooperative Governance on its responses to the Negotiating Mandates. The Department responded to the proposed amendments by the provincial legislatures. The Department submitted amendments to the Bill.

 

1. C-List of amendments (See Annexure A)

The Select Committee met on 10 November 2020 and adopted the proposed C-List of Amendments. The proposed C-List along with the relevant documentation was forwarded to the Provincial Legislatures for their conferral of a Final Mandate.

 

1. Final Mandates:

The Select Committee received Final Mandates in support of the Bill. The Select Committee met on 24 November 2020 to consider the Final Mandates.

 

1. Consideration of the Local Government: Municipal Structures Amendment Bill [B 19D-2018]

The Select Committee considered the amended clauses with the Department explaining the reason for each amendment.The Chairperson put the Bill for consideration: The Bill was supported by the Eastern Cape, Free State, Gauteng, Limpopo, Mpumalanga, Northern Cape, North West andthe Western Cape provinces. There were no objections raised.

 

1. Recommendation

 

The Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement, having considered the Local Government: Municipal Structures Amendment Bill [B 19B – 2018] (National Assembly – sec 76), referred to it on 17 October 2019 and classified by the JTM as a section 76 Bill, submits an amended Bill, namely the Local Government: Municipal Structures Amendment Bill [B 19D – 2018] (National Assembly – sec 76) for the Council’s consideration.

 

Report to be considered.

 

Annexure “A” – C list in respect of the Local Government: Municipal Structures Amendment Bill [B 19B – 2018] as adopted by the Select Committee on Cooperative Governance and Traditional Affairs, Water, Sanitation and Human Settlement