Municipal Structures Amendment Bill: briefing

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LOCAL GOVERNMENT SELECT COMMITTEE

LOCAL GOVERNMENT SELECT COMMITTEE
28 February 2003
MUNICIPAL STRUCTURES AMENDMENT BILL: BRIEFING

Chairperson:
Mr B Mkhaliphi (ANC)[Mpumalanga]

Documents handed out:
Municipal Structures Second Amendment Bill [B68-2002]
Amendments accepted by Portfolio Committee on Provincial and Local Government (Appendix)
Municipal Structures Amendment Bill [B68B - 2002] (document is awaited)

SUMMARY
The Department of Provincial and Local Government briefed the Committee on the Municipal Structures Amendment Bill. The Bill will not have direct implications for the provinces. The Department clarified the provisions in the Bill which deal with persons who enter office as mayor or executive mayor in the middle of the normal five-year term. In such a case the person would be allowed to run for a further two terms since they would be deemed not to have served a mayorship.

MINUTES
Dr P Bouwer (DPLG Director of Legal Services) briefed the Committee on the background and objects of the Bill. He noted that the Department had consulted with the Western Cape Department of Local Government, MINMEC for local government and the Bill has also been published for comment in terms of Section 154(2) of the Constitution, 1996. He noted that the Bill would not have direct implications for the provinces and would only affect the municipalities where their existing structures would have to be changed.

Discussion
The Committee requested the Department provide it with the original version of the Bill, so that it could deliberate on the Bill.

Dr Bouwer noted that he would provide the Committee with the principal Bill before the Bill is debated in North West on 5 March 2003.

The Chair noted that there is a recurrence in the Bill of the phrase "not regarded as a term". He asked for clarity on this point.

Dr Bouwer responded that the normal term for the mayorship runs for a five-year period. This therefore means that if anyone is appointed either as a mayor/deputy mayor or executive mayor/deputy executive mayor during that five year period then such person would be regarded as not having served a mayorship. The consequences of that would be the new mayor/deputy or executive mayor/deputy would be entitled to run for the two following consecutive terms.

Mr C Ackermann (NNP)[Western Cape] asked whether this means such persons would be given a window period.

Dr Bouwer responded that this is not a window period in terms of the Bill, it is simply a "non term" since such persons would have entered the office in the middle of the normal five-year period.

The Chair noted that there were no further questions from Members and thanked Dr Bouwer for giving the Committee a clear and precise briefing.

The 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) (a) 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 both 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.

[(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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