Independent Municipal Demarcation Authority Bill: Deliberations

Meeting report

The Chairperson greeted everyone in the meeting, thanking them for being in attendance. He welcomed the delegation from the Department of Cooperative Governance and Traditional Affairs (Cogta). He explained that today’s meeting was taking place to facilitate the deliberation on the Independent Municipal Demarcation Authority (IMDA) Bill by going through the entire Bill clause by clause. Any Member may propose amendments.

He acknowledged that no apologies were presented. He asked that the meeting secretary present the Bill.

Clause 1: Definitions

Mr J Smalle (DA) suggested that the definition of “political office” be amended to state that elected or appointed positions need not be a decision-making position. For instance, the Chairperson of an elected party in a specific region in which the party operates.

Mr I Groenewald (FF+) commented that the definition of political office in this Bill is the exact same as the Municipal Act that has been approved in Parliament.

The Chairperson noted all the comments.

The Committee Secretary added that members of the public also proposed new terms that do not currently appear in the definitions. There are three other terms that should appear alongside “public office.” The first relates to “consultation” that needs to be defined, so that when the Bill is published, the meaning of “consultation” is clear. The second term is “integrated development”. In the absence of this definition, there was a concern that the impression would be created that there would be more amalgamations of municipalities which would result in more unviable municipalities.

The Chairperson took note of these comments. 

Clause 7: Composition of Board

Ms E Spies (DA) suggested that the clause be amended to “the Board must broadly reflect the composition of South African society”. This will ensure that qualifications remain the primary criteria.

The Chairperson noted this.

Clause 9: Qualification of Board members

Mr Groenewald read that as per Clause 9, a member of the Board must be a South African citizen to have the necessary qualifications or knowledge. He suggested that this be amended to “a member of the board must be a South African citizen and have the necessary relevant qualification and experience or knowledge as it reads in the composition of the Board”.

Ms Spies added to this, saying that Clause 9 (2), which deals with the category of persons disqualified from remaining on the Board, should also include members who have held political positions in the past or was in the pre-defined period before being elected to the Board. In addition to this, she suggested that persons directly related to members occupying positions in political office should also be disqualified. This may be contentious, but the Committee should approach this with caution.

The Chairperson noted this.

Clause 10: Appointment of Board members

Ms Spies read the proposed selection panel in Clause 10 (1) (B). She suggested that an alternative, parliamentary selection process for the Board be followed where nominated persons are interviewed by a Committee of the National Assembly with the incorporation of public participation opportunities. She also suggested that the positions of the Board be occupied by specific categories of persons who hold specific qualifications and prerequisite requirements.

She added that she would send her comments through to the Chairperson.

Mr Groenewald expressed his own concern about the transparency of the abovementioned clause and the composition of the Board. He agreed that there would be opportunity for political influence and supported Ms Spies’ sentiments.

Clause 11: Term of office, termination and resignation of Board member

Mr Groenewald commented on Clause 11 (7), where it reads that a member of the Board is regarded to have resigned if they accept the nomination from the National Assembly or Council. Mr Groenewald suggested that this clause include the condition where the member of the Board accepts a position in political office as well.

Clause 12: Conditions of appointment of Board members

In terms of Clause 12 (A), 12 (B), 12 (C) and 12 (D), Mr Groenewald asked if there was a way that these provisions, which stipulate that the Board may determine the conditions of appointment, be gazetted as well?

The Chairperson noted that.

Clause 16: Committees

Ms Spies stated that she was not in support of Clause 16. The reason for this was because there is no limitation on the number of committees the Board may establish to assist with the performance of its functions and powers. It leaves open the possibility of an unnecessary amount of committees being formed and unnecessary cost implications. She noted that there is a need for greater guidelines around this clause.

Mr Groenewald agreed with Ms Spies, adding that there is no qualification for the members in this clause either. He asked that 16 (5) may be gazetted as well.

Clause 23: Determination of redetermination of municipal boundary objectives

Mr Smalle noted that clarity should be provided on Clause 23 which states why a municipality’s capacity should be judged on its ability to execute its functions in line with the Minister and the MECs of local government allocated powers and functions. On 23 (2), he said it is unclear what specific provisions are mentioned and that there should be given clarity.

Clause 24: Factors to be taken into account

On Clause 24 (N) and (O), Mr Smalle suggested national policy should not play a role in municipal boundaries as this could result in the undermining of local authorities who adopt policies contrary to that of national government.

Clause 26: Initiation of determination or redetermination of municipal boundary process 

Ms G Opperman (DA) expressed her concern that a Minister could request a determination of a municipal boundary, as per Clause 26. She suggested that additional safeguards in conjunction with the requirement that a motivation must be included alongside from the Minister.

Mr Smalle supported Ms Opperman’s suggestion.

Clause 30: Mechanisms, processes and procedures for public participation

Mr Groenewald asked that Clause 30 (2) be gazetted so that the public knows what the mechanisms and procedures are.

Clause 32: When determination or redetermination of municipal boundary takes effect

Ms Opperman commented on Clause 32(4)(B), recommending that the time period stipulated in this clause be extended to nine months to allow for greater time for adequate public participation and consideration of appeals.

The Chairperson noted this.

Clause 38: Establishment and constitution of Appeals Authority

On Clause 38(2), Ms Opperman commented that the current appointment process for authorities is inadequate. Currently, the Minister has the power to draw up a list of names for the President to call from for eliminations. Ms Opperman expressed that a more comprehensive appointment procedure would be preferable.

Clause 44: Conflict and disclosure of interest by members of Appeals Authority

Ms Opperman suggested that, in terms of the capacity assessments in Clause 44, conducting these assessments is likely to require many resources and will be time-intensive for the Authority. There needs to be sufficient resources in place to ensure the Authority is able to conduct these assessments in a fair manner.

Clause 48: Regulations and guidelines

Ms Opperman suggested that it [regulations and guidelines] be included that the regulations submitted to Parliament for consideration prior to being gazetted.

The Chairperson said that the Committee would convene the following week to deliberate on some of the suggestions after they have been processed properly.

The meeting was adjourned.