Municipal Structures Amendment; Disestablishment of Local Council Bills: voting

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LOCAL GOVERNMENT & ADMINISTRATION

LOCAL GOVERNMENT & ADMINISTRATION SELECT COMMITTEE
16 November 1999
MUNICIPAL STRUCTURES AMENDMENT BILL; DISESTABLISHMENT OF THE LOCAL GOVERNMENT AFFAIRS COUNCIL BILL: ADOPTION

Here follows the official minutes of the Select Committee on Local Government and Administration as provided by the Committee Secretary, Mr E. de Koker.

SUMMARY
The Municipal Structures Amendment Bill and the Disestablishment of the Local Government Affairs Council Bill were agreed to without amendments.

MINUTES
Local Government: Municipal Structures Amendment Bill [B 60B-99](sec 75)
The Chairperson indicated that these amendments were drafted after the Constitutional Court declared certain sections of the Local Government: Municipal Structures Act, 1998 (the Act), unconstitutional. The object of this bill would be to give effect to the Constitutional Court judgement.

Clause 1 allows the Demarcation Board (the Board) to determine whether an area should have a category A municipality or categories B and C municipalities. This amendment was made as the court found that the Act vested this power in the Minister responsible for local government whereas the Constitution vests this power in the Board.

Clause 2 deletes section 5 of the Act because the Board determines which areas are metropolitan areas with its nodal points. Consequently, there is no need for formal declaration of such metropolitan areas.

Clause 3 vests the power to determine district management areas in the Board.

Clause 4 repeals section 13 of the Act because this section impinges on the power of provinces to decide on the types of municipalities to be established in the province.

Clause 5 amends section 24(1) because, according to the Constitution, the power to determine the term of municipal councils vests in parliament. Consequently, such power cannot be delegated.

Motion of desirability, agreed to.
Clause 1, agreed to.
Clause 2, agreed to.
Clause 3, agreed to.
Clause 4, agreed to.
Clause 5, agreed to.
Clause 6, agreed to.

Local Government: Municipal Structures Amendment Bill [B 60B-99](sec 75), agreed to.

Disestablishment of the Local Government Affairs Council Bill [B 54-99](sec 75)
The Chairperson informed the Committee that this Council existed prior to the implementation of the Local Government Transition Act. All laws regarding local government were assigned to the Minister for Provincial Affairs and Constitutional Development (1994 - 1999) and currently to the Minister for Provincial and Local Government. These laws used to in the domain of the Local Government Affairs Council. The Council has no functions and in terms of the Local Government Affairs Council Act, the Council can only be disestablished by an Act of Parliament. Hence, the Disestablishment of the Local Government Affairs Council Bill [B 54-99](sec 75).

Motion of Desirability, agreed to.
Clause 1, agreed to.
Clause 2, agreed to.
Clause 3, agreed to.
Clause 4, agreed to.

Disestablishment of the Local Government Affairs Council Bill [B 54-99](sec 75), agreed to.

Committee members present
:
Mr M Bhabha, Chairperson
Eastern Cape: Ms PCP Majodina
Free State: Ms C Botha; Mr A Marais
Gauteng: Ms RA Ndzanga
KwaZulu-Natal: Mr PA Mathee
Mpumalanga: Mr M Bhabha
Northern Cape: Mr J Horne
Northern Province: Mr MI Makoela
North West: Mr PDN Maloyi
Western Cape: Ms ND Ntwanambi

Apologies: Mr M Sulliman and Mr KDS Durr.

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