Proposed amendments to Local Government Laws Amendment Bill emanating from deliberations of the Select Committee

Clause 1

Ad definitions

"close family member" in relation to any person, means his or her child, dependent, parent, sibling, grandparent, aunt, uncle or spouse (including a partner in a customary or religious union, whether or not the union is registered),

and includes-

(a) a person living with that person as if they were married to each other; or

(b) person within the second step of kinship, where marriage or a spousal relationship is counted as one of such steps;

(c) other members of his or her family in respect of whom the member is liable for care and support, whether such relationships result from birth, customary law, marriage or adoption; or

(d) any other person with whom the person has developed a significant relationship based on psychological or emotional attachment, which resembles a family relationship;

Clause 2

Option 1

Add sub clause ( c)

Option 2

The Minister of Finance and the MEC may. in exceptional cases. agree to a different or a shorter period than that referred to in paragraphs (a) or (b).

Clause 5

Section 35 is hereby amended by the addition of the following subsection

(3) (a) The administrator or administrators must appoint an Acting Chairperson for each ward committee;

(b) The Acting Chairperson for a ward committee must be appointed after consultation with members of that ward committee;

(c ) The administrator or administrators may make arrangements for the payment of out of pocket expenses to an Acting Chairperson of a ward committee in respect of the duties assigned to the Acting Chairperson by the administrator or administrators.

Clause 6 (Agreed)

5. (b) A metro or local council must develop a policy and determine criteria and the calculation of the out of pocket expenses referred to in paragraph (c)

5. (e) The MEC must monitor the policy, criteria and calculation of the out of pocket expenses referred to in (b)

Clause 9

Option 1

Clause 9 is substituted for the following clause:

(1) The [MEC for local government in a province may, subject to the other provisions of this section adjust the] division of functions and powers between a district and a local municipality as set out in section 84(1) or (2), [by allocating within a prescribed policy framework, any of those functions or powers vested-

(a) in a local municipality, to the district municipality; or

(b) in the district municipality (excluding a function or power referred to in section 84(1)(a), (0) or (p), to the local municipality] is hereby suspended until a later date determined by the Minister and, the MEC for local government may under exceptional circumstances lift the suspension, after consultation with the Minister of Finance.

Option 2

(b) The MEC or Minister, as the case may be, must inform the national Minister responsible for finance of his or her intention to publish a notice contemplated in paragraph (a)[at least six] three/four months before the notice is to take effect in terms of that paragraph.

Option 3

On page 5, in line 11, to omit "at least six months."

Option 4

Add clause (d)

(d) The Minister of Finance and the MEC ma in exceptional cases agree to a different or a shorter period than that referred to in paragraphs (a) or (b).

Clause 11 (Agreed)

Change "one" year to six months.

Clause 13 (Agreed)

71 (A) (1). A staff member may be a candidate for election to the National Assembly, permanent delegate to the National Council of Provinces or provincial legislature subject to the Code of Conduct for the Municipal Staff Members as contemplated in Schedule 2 of the Local Government: Municipal S stems Act 2000 Act No.32 of2000 and any other prescribed limits and conditions.

(3) A staff member may be a candidate for election to a municipal council subject to the Code of Conduct for the Municipal Staff Members as contemplated in Schedule 2 of the Local Government Municipal S stems Act 2000 Act No. 32 of 2000 and any other

prescribed limits and conditions.

Clause 17

In clause 17 (4)(a), insert "or National Council of Provinces" after "Minister" (as it appears on the clause).

Insert "in the opinion of the Minister or the National Council of Provinces"

Option 1

In sub clause (4) (b) insert ", the National Council of Provinces" after "Minister" .

Option 2

The MEC must provide the provincial legislature with a report of the investigation detailing the outcome of the investigation within 90 days and simultaneously submit a copy of such report to the Minister. Minister of Finance and the National Council of Provinces.

Clause 19 and 21 (Agreed)

"goods and services" to be replaced with "goods or services"

Clause 19

Insert "or close family member" after" councilor"

Clause 21

Insert "or close family member" after" member"