Municipal Structures Amendment Bill: finalisation

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Cooperative Governance and Traditional Affairs

19 February 2003
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Meeting report

PROVINCIAL & LOCAL GOVERNMENT PORTFOLIO COMMITTEE
20 February 2003
MUNICIPAL STRUCTURES AMENDMENT BILL: DELIBERATIONS

Documents handed out:
Municipal Structures Second Amendment Bill [B68-2002]
Proposed Amendments [B68-2002](Appendix)

SUMMARY
Proposed amendments seek to amend the existing legislation on municipal structures so as to prevent any person from holding office as a mayor or both mayor and executive mayor for more than two consecutive terms in the same council. However the Committee was informed that consultations with some legal experts had been conducted and were advised that the mayor should be allowed to serve as an executive deputy mayor after having served the term due to the limited pool of skills at local level and for the purposes of maintaining certainty and stability in the system.

Committee unanimously agreed that it was best to leave the amendments as they were. Hence a report of the Portfolio Committee accepting the proposed amendments was presented to committee members for circulation and a consolidated report would be presented to the committee members in the next meeting.

MINUTES
The chairperson went through the bill clause by clause.
Please refer to proposed amendments.

Clause 1 was accepted.

Clause 2 in the old bill was rejected and clause 2 in the new proposed amendments was accepted.

Clause 3 was accepted.

Clause 4 in the old bill was rejected and clause 4 in the new proposed amendments was accepted.

Clause 5 was accepted.

Clause 6 was accepted.

The Chairperson read the portfolio committee report accepting the proposed amendments. He then proposed that a consolidated report for voting be presented to the committee members in the next meeting.

Meeting was adjourned.

Appendix
LOCAL GOVERNMENT: MUNICIPAL STRUCTURES SECOND AMENDMENT BILL [B68-2002]
PROPOSED AMENDMENTS

CLAUSE 2
1.That the Clause be rejected.

NEW CLAUSES

1.That the following be new Clauses to follow Clause 1:

Substitution of section 46 of Act 117 of 1998

2.The following section is hereby substituted for section 46 of the principal Act:

"Term of office of members

46.The members of an executive committee are elected for a term ending, subject to section 47, when -

(a)the type of the municipality has been changed from any of those mentioned in section 8(a), (b). (c) or (d) 9(a) or (b) or 10(a) to any of those mentioned in section 8(e), (f), (g) or (h) 9(c), Cd), (e) or Cf) or 10(b) or (c); or
(b) the next municipal council is declared elected.".

Amendment of section 48 of Act 117 of 1998
3.Section 48 of the principal Act is hereby amended -

(a)by the substitution for subsection (5) of the following subsection:

"(5) _ No person may hold office as mayor or [deputy mayor] both mayor and executive mayor for more than two consecutive terms in the same council.

(b) No person may hold office as deputy mayor or both deputy mayor and deputy executive mayor for more than two consecutive terms in the same council.

(c)
If a person is elected
(i) to fill a vacancy in the office of mayor or deputy mayor, the
period between that election and the next election of a mayor or deputy mayor is ~ regarded as a term; or

(ii) as mayor or deputy mayor where the type of the municipality has been changed from any of those mentioned in section 8(e), Cf), (g) or (h). 9(c). (d). (e) or Cf) or 10(b) or Cc) to any of those mentioned in section 8(a), (b), (c) or Cd). 9(a) or Cb) or 10(a) during the term of the municipal council concerned, the period between that election and the next election of a mayor or deputy mayor is not regarded as a term."; and
(b) by the substitution for subsection (6) of the following subsection:

"(6) A mayor whose two consecutive terms have expired as provided for in subsection C5)Ca), may not immediately after the expiry be elected as deputy mayor.".

CLAUSE 4
1. That the Clause be rejected.

NEW CLAUSE
1. That the following be a new Clause to follow Clause 4:

Substitution of section 57 of Act 117 of 1998

5. The following section is hereby substituted for section 57 of the principal Act:
"Term of office of executive mayors
57.
(1) An executive mayor and a deputy executive mayor [-(a)] must
be elected for a term ending. subject to [section] sections 58 and 59,
when -

(a)
the type of the municipality has been changed from any of those mentioned in section 8(e). (f). (p) or (h). 9(c) or (d) or 10(b) to any of those mentioned in section 8(a), (b). (c) or (d). 9(a).(b). (e) or (f) or 10(a) or (c); or

(b) the next council is declared elected. [and]

[(b) may not serve as executive mayor or deputy executive mayor for more than two consecutive terms. When a person is elected to fill a vacancy in the office of executive mayor or deputy executive mayor, the period between that election and the next election of an executive mayor or deputy executive mayor is regarded as a term.]

(2) Ca) No person may hold office as executive mayor or both executive mayor and mayor for more than two consecutive terms in the same council.

(b) No person may hold office as deputy executive mayor or Qoth deputy executive mayor and deputy mayor for more than two consecutive terms in the same council.

(c) If a person is elected -(i) to fill a vacancy in the office of executive mayor or deputy

executive mayor. the period between that election and the next election of an executive mayor or deputy executive mayor is not regarded as a term: or

(ii) as executive mayor or deputy executive mayor where the tvpe of the municipality has been changed from any of those mentioned in section 8(a), (b) (c) or (d), 9(a). (b), (e) or (f) or 10(a) or (c) to any of those mentioned in section B(e). (f). (g) or (h) 9(c) or (d) or 10(b) during the term of the municipal council concerned. the period between that election and the next election of an executive mayor or deputy executive mayor is not regarded as a term.
4

[(2)](3)An executive mayor whose two consecutive terms have expired as provided for in subsection (2)(a), may not immediately after the expiry be elected as deputy executive mayor.".

CLAUSE 5
1. That the Clause be rejected.

CLAUSE 6
1. On page 4, from line 35, to omit "Local Government: Municipal Structures Second Amendment Act, 2002", and to substitute:

Local Government: Municipal Structures Amendment Act, 2003

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