Traditional Leaders Amd Bill; Remuneration of Public Office Bearers' 2nd Amd Bill; Formula for Full-Time Councillors: voting

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Cooperative Governance and Traditional Affairs

10 April 2000
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Meeting report

PROVINCIAL AND LOCAL GOVERNMENT PORFOLIO COMMITTEE
11 April 2000
NATIONAL HOUSE OF TRADITIONAL LEADERS AMENDMENT BILL; REMUNERATION OF PUBLIC OFFICE BEARERS SECOND AMENDMENT BILL; FORMULA FOR NUMBER OF FULL-TIME COUNCILLORS

Documents Handed Out:
Government Notices on Policy Framework for Councillors and Full-time Councillors and Formulae for Number of Councillors (see Appendix 1)
Briefing on Policy Framework for Councillors and Full-time Councillors and Formulae for Number of Councillors
Proposed Amendments to the National House of Traditional Leaders Amendment Bill (see Appendix 2)
National House of Traditional Leaders Amendment Bill [B 15-20]
Remuneration of Public Office Bearers Second Amendment Bill

Chairperson: Mr Y Carrim

SUMMARY
The Remuneration of Public Office Bearers Second Amendment Bill was adopted by the Committee without amendment. The State Law Advisor indicated that the Committee could vote on it even though it still awaits the determination by the Joint Tagging Mechanism on whether it is a section 75 or section 76 Bill.

The National House of Traditional Leaders Amendment Bill [B 15 – 2000] was adopted with a new amendment agreed to in clause 3. The National House’s proposed amendments were considered.

The Department presented a framework and formula for the number of full-time councillors. It is envisaged that the formula will be responsible for a reduction in the number of councillors from about 11 000 to 8000.

MINUTES
Remuneration of Public Office Bearer’s Second Amendment Bill
Those clauses that had been excised from the Remuneration of Public Office Bearer’s Amendment Bill in order to fast track Clauses 3 and 4 of that Bill, now appear in this Second Amendment Bill.

Mr N Bell, Unit Manager: Editing and Drafting, said that the Remuneration of Public Office Bearers Second Amendment Bill was still waiting to be formally classified by the Joint Tagging Mechanism (JTM) and the moment it does so it will be published. Mr Bell said he had met with the State Law Advisor and they had agreed that the Committee could go ahead and vote on the Bill with a rider in the committee’s report that the Bill is subject to determination by the Joint Tagging Mechanism.

The Chairperson noted that the Committee all agreed that it is a Section 76 Bill and that the Committee was ready to vote on it. He then put the motion for the adoption of the various clauses of the Bill before the Committee. Each of the six clauses was adopted.

The Chairperson moved for adoption of the Bill as a whole. A motion of desirability was put before the Committee. The ANC moved the motion and seconded it upon which the Chairperson indicated that the Bill was adopted without amendments.

Report of the Committee
The adoption of the Report of the Committee containing an indication that the Remuneration of Public Office Bearers Amendment Bill, 2000 is adopted subject to determination of JTM was moved by Rev AD Goosen (ANC) and seconded by Ms S Lobe (ANC).

The National House of Traditional Leaders Amendment Bill
The Chairperson indicated that after the meeting on 7 April 2000, the Department had received a letter from the CEO of the House of Traditional Leaders, Mr Louis Molubi, which requested that any office bearer in the House of Traditional Leaders could be removed from office by a vote of the majority of its members or on the grounds of misconduct, incapacity, incompetence (see Appendix 1).

The Chairperson pointed out that these reasons are encompassed in the Department’s proposed amendments to Clause 1 of the Bill issued to the Committee on 11 April 2000 (see Appendix 2). However the Chairperson stated that the proposed amendment to Clause 1 is rejected. The reason for this is that it is felt that this is a political position and the argument is that grounds for removal of chairperson should not be restricted solely to misconduct, incapacity, incompetence.
He pointed out that the proposed amendment to Clause 3 of the Bill will obviate the need for the Committee to amend the clause every time the National House of Traditional Leaders is put under a new Minister or Department.

He then put the motion for adoption of the clauses before the Committee.
Clause 1
Adopted as it is.

Clause 2
Adopted as it is.

Clause 3
Adopted with the proposed amendment.

The adoption of the whole Bill was moved by Ms Rajbali (MF) and seconded by Mr J Selfe (DP).

Policy Framework for Full-time Councillors & Formulae for Number of Councillors
Mr F Louw of the Department of Provincial and Local Government presented this document to the committee. The first part of the document deals with the formula. The second part deals with the results of the application of the formula. The formula is based on the number of registered voters provided by the IEC.

The Minister for Provincial and Local Government after consulting the nine MECs for local government determined the policy framework for the designation of full-time councillors. The MECs responsible for local government in the provinces may determine that councillors who have been elected or appointed in terms of the Municipal Structures Act may be designated as full-time. The number of registered voters will also be used by the Demarcation Board to decide on the number of wards. The third part of the document deals with the publication of the formulae.

Questions
Q.) The Chairperson wanted to know what was the consideration for coming up with the formula.

A.) Mr Louw said the application of the formula will result in a decrease in the number of municipalities from 840 to 284 and the number of councillors from approximately 11000 to about 8000.

Q.) Ms Rajbali (MF) expressed concern that the reduction in the number of municipalities will adversely affect delivery to communities, especially because municipalities would become larger and the number of councillors fewer.

A.) The Chairperson pointed out that although municipalities will cater for more people there will be more full-time councillors. Part of the reduction is as a result of moving away from the 50/50 rule that was agreed to concerning the appointment of councillors.

Q.) Mr P Smith (IFP) wanted to know how he could find out the number of wards per Category B.

A.) Mr Louw said that it is awaiting the determination of the Demarcation Board, which will happen on its obtaining the numbers of registered voters.

Q.) Mr Smith wanted to know if the formula is applied all over the country without taking account of provincial differences.

A.) Mr Louw responded that the formula is based only on the number of registered voters.

Indonesian Delegation
An Indonesian delegation indicated that Indonesia is redrafting its Constitution and they believe they could benefit from the South African experience in doing so, particularly with regard to inter-governmental relations. The committee detailed the relationship between the different spheres of government, the separation of powers and the rule of law, and the experience of the practical application of the Constitution to the delegation.

The meeting was adjourned.

Appendix 1

GENERAL NOTICE
DEPARTMENT OF PROVINCIAL AND LOCAL GOVERNMENT
POLICY FRAMEWORK FOR THE DESIGNATION OF FULL-TIME COUNCILLORS

The Minister for Provincial and Local Government has, under section 18(4) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), and after consulting the MEC’s for Local Government, determined the policy framework, set out in the Schedule, for the designation of full-time councillors.

SCHEDULE

The MEC’s responsible for local government in a province may determine that councillors who have been elected or appointed to the following offices in terms of the Municipal Structures Act, 1998, (Act No. 117 of 1998), may be designated as full-time –

CATEGORY A MUNICIPALITIES

Speaker;
Members of an Executive Committee;
Executive Mayors;
Member of a Mayoral Committee; and
Chairperson of a Sub-Council.

CATEGORY B MUNICIPALITIES

Speakers of municipalities with 30 councillors or more;
Members of an Executive Committee of municipalities with 40 councillors or more;
Executive Mayors; and
Members of Mayoral Committees.

CATEGORY C MUNICIPALITIES

Speakers;
Members of an Executive Committee;
Executive Mayors; and
Members of a Mayoral Committee.

GOVERNMENT NOTICE

DEPARTMENT OF PROVINCIAL AND LOCAL GOVERNMENT

FORMULAE FOR DETERMINATION OF THE NUMBER OF COUNCILLORS OF MUNICIPAL COUNCILS

Under the powers vested in me by section 20 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), I Fholisani Sydney Mufamadi, hereby determine formulae for the determination of the number of councillors as set out in the Schedule.

Given under my hand at Pretoria on the Third day of April Two Thousand.

F S MUFAMADI
MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT

SCHEDULE

Formula for determination of number of councillors for category A municipalities

The formula for determining the number of councillors of a category A municipality is as follows (fractions to be disregarded):

y  =  (x  ÷  10000)  +  60

Where –
(i)         y represents the number of councillors; and
(ii)         x represents the number of registered voters on the municipality’s segment of the national common voters roll.

Formula for determination of number of councillors for category B municipalities

2.(a)      The formula for determining the number of councillors of a category B municipality is –

in respect of such a municipality that has less than 7 501 registered voters on its segment of the national common voters roll:

y  =  5;

in respect of such a municipality that has between 7 500 and 100 001 registered voters on its segment of the national common voters roll:

y  =  (x  ÷  1 682)  +  1; and

in respect of such a municipality that has more than 100 000 registered voters on its segment of the national common voters roll:

y  =  (x  ÷  8 333)  +  48.

(b)        In applying the formulae referred to in paragraph (a) -

(i)         y represents the number of councillors;
x represents the number of registered voters on the municipality’s segment of the national common voters roll; and
-2-


(iii)        fractions are to be disregarded.

Formula for determination of number of councillors for category C municipalities

3.(a)      The formula for determining the number of councillors of a category C municipality is -

in respect of such a municipality that has less than 100 001 registered voters on its segment of the national common voters roll:

y  =  (x  ÷  9 500)  +  9; and

in respect of such a municipality that has more than 100 000 registered voters on its segment of the national common voters roll:

y  =  (x  ÷  12 000)  +  12.

(b)        In applying the formulae referred to in paragraph (a) -

(i)         y represents the number of councillors;
(ii)         x represents the number of registered voters on the municipality’s segment of the national common voters roll; and
(iii)        fractions are to be disregarded.

Appendix 2:
PROPOSED AMENDMENTS: NATIONAL HOUSE OF TRADITIONAL LEADERS AMENDMENT BILL [B 15 – 2000]

Clause 1
1. On page 2, in line 16, after "House" to insert:
On the grounds of misconduct, incapacity, incompetence

Clause 3
1. On page 4, in line 6, to omit all the words after the third "the" up to and including "Government" in line 7 and to substitute:
[Minister for Provincial Affairs and Constitutional Development] national Minister responsible for Traditional Affairs

2. On page 4, in line 12, to omit all the words after "the" up to and including "Government" in line 13 and to substitute:
[Department of Constitutional Development] national Department responsible for Traditional Affairs
Re: Reasons for the withdrawal of the Chairperson, Deputy Chairperson as requested by Parliament
The reasons or grounds for the withdrawal of any office bearer in the National House of Traditional Leaders will be deemed necessary as a result of the following reasons:
1. Incompetence.
2. Bringing the National House into disrepute.
2. Misconduct, provided the Chairperson, Deputy Chairperson or any office bearer shall have been found guilty of any of the aforementioned act(s) by the disciplinary committee convened for such purpose by the National House.
4. The Chairperson, Deputy Chairperson or any Office Bearer could also be removed from office by vote of majority of members of the National House of Traditional Leaders.

N.B. Please note that due to short notice of the request, it was not possible to canvass opinions of all members except Morena Mopeli as a preponderance of members were not available.



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