TO:

All Municipal Managers

All MECs responsible for Local Government

Minister of Provincial and Local Government

Minister of Finance

Minister of Environmental Affairs and Tourism

Minister of Justice and Constitutional Development

Portfolio Committee on Provincial and Local Government

Select Committee on Local Government and Administration

All magistrates

Houses of Traditional Leaders

National Treasury

Statistics South Africa

Independent Electoral Commission

SALGA

Members of the MDB Boundary/Powers and Functions Committee

Members of the Local Elections Technical Committee

Other stake holders

 

CIRCULAR 1/2008:  REDETERMINATION OF MUNICIPAL BOUNDARIES, METROPOLITAN MUNICIPALITIES, WITHDRAWAL OF DECLARATION OF DISTRICT MANAGEMENT AREAS AND DELIMITATION OF WARDS

 

National and provincial elections are to be held in 2009, and local elections in 2011. It is anticipated that the current legal framework will not change and that it will guide the different stakeholders in preparing for the elections.

 

Stakeholders are referred to previous circulars of the Municipal Demarcation Board (MDB) in which the above-mentioned matters have been addressed on an ongoing basis.

 

The Board would like to confirm the following:

 

  • The matters listed in the Annexure needs to be finalised urgently, and the affected stakeholders need to prioritise attention to them, please.
  • Cases where boundaries are re-determined and confirmed by the Board, must thereafter be dealt with by the IEC and the MECs responsible for local government in terms of section 23 of the Demarcation Act, 1998. In some cases action will also be required by the MECs in terms of section 6 of the Structures Act, 1998. All the relevant legal notices to give effect to the boundary changes need to be gazetted by July 2008.
  • After the finalisation of the matters listed in the annexure to this circular, changes to municipal boundaries will be closed. Any further requests for changes to municipal boundaries will only be considered after the 2011 local elections. The reason being that, in terms of the  Chapter 8 of the Electoral Act, 1998 (Act No. 73 of 1998) the IEC must determine boundaries for voting districts for the elections, and must take into account the boundaries of municipalities. Changes to municipal boundaries while the IEC is aligning voting district boundaries to municipal boundaries, will adversely affect compliance with these important legal provisions.
  • The MDB will provide the municipal boundaries to the IEC as soon as the cases mentioned in the annexure have been finalised.
  • The IEC will then finalise the voting district boundaries and prepare for the elections.
  • It is anticipated that the IEC will certify the national common voters’ roll early next year, and divide the national common voters’ roll into municipal segments by not later than March 2009.
  • It is expected that the Minister of Provincial and Local Government, will determine the formula for the number of councillors for the 2011 local elections immediately after the division of the national common voters’ roll in March 2009;
  • Furthermore, it is expected that the MECs responsible for local government will determine the number of councillors for the 2011 local elections, immediately after the formula has been gazetted. The Board trusts that the MECs will be able to gazette the number of councillors also in March 2009.
  • As soon as the number of councillors has been gazetted by all 9 provinces, the MDB will determine the number of wards for each metropolitan and local municipality qualifying to have wards, and commence with the delimitation of wards.
  • As in the past, and within the limits of its available financial and other resources, the MDB will endeavour to consult as widely as possible before taking final decisions on ward boundaries. The main focus will be on municipalities, and it is expected that municipal managers will again assist to keep all councillors abreast of developments and to encourage them to consult as widely as possible, before submitting their proposals, via the Municipal Manager, to the MDB.
  • Note should be taken that due to the current legal requirement that wards in a municipality must have approximately the same number of voters, it may happen that all or many of the boundaries of the existing 3895 wards will change. A change in the number of councillors and wards will also directly impact on the re-configuration of ward boundaries. However, the Board will endeavour not to split voting districts.
  • The Board would like to call on all stakeholders NOT to make representations to the Board pertaining to ward boundaries at this point in time. The number of councillors and wards may change, and any representations based on the existing number of wards and ward boundaries will be a futile exercise. The Board will initiate the consultation process, as soon as the ward delimitation process commences.

 

It is expected that, in broad terms, the above-mentioned process will unfold as follows:

 

 

 

 

Phases

Time Frame

Process

Phase 1

Dec 2007 –

Aug 2008

Finalise outer boundaries of municipalities –MDB/IEC/MECs

Aug –

Sept 2008

Align VD boundaries to municipal boundaries – IEC/MDB

Feb 2008-Aug 2008

Re-categorization of selected secondary cities and review and some category C municipalities-  MDB

Sept 2008 – March 2009

Voter registration, certification & division of the national common voters’ roll into municipal segments - IEC

March 2009

Publish formula for the number of councillors - Minister.

March 2009

Publish number of councillors - MECs.

Phase 2

Apr 2009 –

Feb 2010

Public consultation process including public hearings, where necessary – MDB

Phase 3

March  –

Aug

2010

Gazette ward boundaries in Provincial Gazettes for objections, finalise ward boundaries and hand over to the IEC for the 2011 electoral process – MDB

Phase 4

Aug 2010 –

March 2011

Electoral process – IEC

 

 

The Board also wishes to address the following specific issues:

 

District Management Areas (DMAs)

 

As indicated in the report released in July 2007 and subsequent circulars, correspondence, press releases, and legal notices it is the intention of the Board to withdraw the declaration of ALL district management areas.

 

There are, amongst others, the following key advantages:

 

  • The withdrawal of the declarations will result in the full territory of the Republic  being covered by local municipalities. Thus far the combination of metropolitan and district municipalities ensured compliance with section 151 of the Constitution.
  • A separate electoral system will no longer be required for DMAs. Voters will be included into existing or new wards in local municipalities, where they will be able to vote for a local ward candidate and a PR candidate to represent them on the local councils, and for a PR candidate to represent them on the district council.
  • The confusion around service delivery in district management areas, and the division of powers and functions between district and local municipalities will be rectified.
  • It will result in spatial stability at municipal level which will enhance planning and service delivery by municipalities.
  • It will overcome the confusion around the boundaries of conservation/protected areas vis-à-vis the boundaries of district management areas.

 

The Board appreciates that some municipalities addressed some concerns around the withdrawal of the declaration of DMAs.

 

Some argued that DMA boundaries are required to identify the boundaries  of conservation areas. The perception that the legal provisions pertaining to district management areas can or should be used to determine boundaries for conservation/protected areas, is a wrong perception. Section 6 of the Structures Act, 1998 clearly provides that the Demarcation Board, after consulting the Minister and the MEC for local government in the province concerned, may by notice in the Government Gazette declare a part of an area that must have municipalities of both category C and category B as a district management area, if the establishment of a category B municipality in that part of the area will not be conducive to fulfilment of the objectives set out in section 24 of the Demarcation Act. It is clear from the current 20 declared district management areas that the boundaries of district management areas will, in general, never be aligned to the boundaries of conservation/protected areas. There are also a number of conservation areas that have not been, and that can not be, declared as district management areas within the current legal framework. The Board has therefore made recommendations that appropriate legislation be tabled in Parliament to empower the Minister of Environmental Affairs and Tourism to determine the boundaries of protected/conservation areas.

 

Some argue that their equitable share and tax base will be adversely affected. This may not be a problem as National Treasury supports the Board’s initiative and will, no doubt, take the new boundaries and related matters into consideration when dealing with financial allocations to municipalities.

 

Some argue that service delivery in DMAs will be affected. This argument can not be accepted. It is normal practice that resources follow functions. Ample legal provisions exist to deal with the performance of powers and functions and service delivery issues. The status quo in terms of service delivery can even be maintained by agreement between the affected district and local municipalities.

 

It should also be borne in mind that in terms of section 6 of the Structures Act, 1998, the inclusion of DMAs into local municipalities will only take effect on the date of the next local elections in 2011, which leaves ample time for the revision of IDPs and budgets, and the conclusion of any agreements that might be necessary for the provision of services.

 

Technical correction of boundaries

 

Since its establishment, the Board’s technology has been improved considerably. Over the past year satellite imagery has also been improved dramatically due to close co-operation with the CSIR and others.

 

Furthermore, the Board maintains close co-operation with other institutions using spatial data such as the IEC, StatsSA, DLA, DPLG, DWAF and others.

 

With the assistance of the IEC and StatsSA, a number of municipal boundaries have been identified for technical corrections. In most cases municipal boundaries will only be aligned to identifiable physical features such as roads, rivers, cadastre etc. The successful completion of this project will not only ensure sound municipal boundaries, but will also assist StatsSA in the alignment of enumerator areas for the 2011 census, and the IEC in the alignment of voting district boundaries.

 

Details of the technical corrections do not appear in the Annexure. The Board is still working on this project, and will follow the necessary legal process to give effect to these technical corrections. In this regard stakeholders will be kept abreast of developments through the posting of information and maps on the Board’s web-site (www.demarcation.org.za), and the publication of notices in the media and in Provincial Gazettes. Stakeholders will also be briefed in circulars sent to them.

 

Metropolitan municipalities

 

As will be noted in the annexure the Board proposes a determination that the areas of Msunduzi, Mangaung and Buffalo City must become category A municipalities, and that Metsweding district be included into Tshwane and Ekurhuleni.

 

Cross boundary municipalities

 

It should be noted that all legal provisions pertaining to cross-boundary municipalities were removed from the relevant legislation in 2005. Municipal boundaries can no longer straddle provincial boundaries. Provincial boundaries are provided for in the Constitution, and the MDB has no mandate to either change provincial boundaries or to demarcate municipal boundaries across provincial boundaries.

 

Stakeholders are therefore kindly requested not to submit any request in this regard to the Board. The Board has no legal mandate to deal with such requests.

 

Other matters

 

It may be of interest to stakeholders to note that considerable progress has been made with two other projects namely:

 

  • The alignment of the boundaries of magisterial districts and SAPS boundaries to municipal boundaries. Close cooperation with the Departments of Justice and SAPS is maintained.
  • The creation of a credible set of boundaries for traditional areas in close co-operation with DPLG, DLA, DWAF and the provinces.

 

The Board is proud to be associated with all stakeholders in the demarcation process, and appreciates your contributions.

 

The Board is looking forward to even closer cooperation in the years to come.

 

Yours sincerely

VUYO MLOKOTI

CHAIRPERSON:  MUNICIPAL DEMARCATION BOARD

5 March 2008

 

 

 

 

DEMARCATION OF BOUNDARIES

 

GENERAL

 

EASTERN CAPE

DEM NO.

DESCRIPTION

MDB RESOLUTION ON 29 FEB 2008

DEM355

Option 1:  It is proposed that the municipal boundaries of Matatiele Municipality (EC441), Alfred Nzo District Municipality (DC44) and Elundini Local Municipality (EC141) and Ukhahlamba District Municipality (DC14) be re-determined by excluding wards 14, 15, 16 23 and 24 from  Matatiele Local Municipality (EC441) and exclude Mount Fletcher magisterial district (ward 7) from Elundini Local Municipality (EC141); Ukhahlamba District Municipality and include them into a New Municipality under Alfred Nzo District Municipality (DC44).

 

Option 2:  It is proposed that the municipal boundaries of Matatiele Municipality (EC441), Alfred Nzo District Municipality (DC44) and Elundini Local Municipality (EC141) and Ukhahlamba District Municipality (DC14) be re-determined by excluding Mount Fletcher magisterial district from Elundini Local Municipality (EC141) and Ukhahlamba District Municipality (DC14) and inclusion into Matatiele Municipality (EC441) and Alfred Nzo District Municipality (DC44).

·            The MEC agreed that that the matter be closed. A new submission has been received that affects this area.

·            The matter has been closed in terms of the Board’s resolution.

·            New proposals received from the MEC are being dealt with as DEM379; DEM381; DEM382; DEM383; DEM385. 

 

KWAZULU NATAL

DEM NO.

DESCRIPTION

MDB RESOLUTION ON 29 FEB 2008

DEM373

Proposed re-determination of municipal boundaries by excluding portion of ward 4 from KZN211 and including it into KZN226

The Board:

  • noted that the proposal will result in splitting a TA;
  •  resolved not re-determine the boundary and that it be closed

 

 

 

 

 

 

 

 

 

 

 

GAUTENG

DEM NO.

DESCRIPTION

MDB RESOLUTION ON 29 FEB 2008

DEM186

Proposed re-determination of the municipal boundaries by excluding ward 1 (2006 local elections) from Emfuleni, and by including it into Midvaal.

The Board:

·            noted that no agreement could be reached by the MEC and the affected municipalities.

·            resolved not to redetermine the boundary in terms of section 21, and to close the matter.

 

 

 

SECTION 26 NOTICES

 

GAUTENG

DEM NO

DESCRIPTION

MDB RESOLUTION ON 29 FEB 2008

DEM378

(Also see

DEM389)

 

Proposed re-determination of municipal boundaries by excluding several farms east of the Tshwane, including the farms Zwartkoppies,Tweefontein, Bashewa, Tigertpoort; Rietfontein, Grootfontein, Zwavelpoort, Mooiplaats, portion of Donkerhoek, Witkoppies, Sterkfontein portion of Rensburg and portion of Doornkloof farms to the east of the Tshwane from Kungwini (GT462) / Metsweding, and by including them into Tshwane Metropolitan municipality (TSH).

 

 

The Board:

 

  • noted, with appreciation, that a number of persons and institutions responded to the section 26 notice;
  • considered all submissions;
  • noted that this matter was delayed in anticipation of a request from Gauteng Province  to re-determine boundaries to give effect to the widely published intention of the province to create global city regions in Gauteng;
  • confirmed that no such request has been submitted to the Board for consideration;
  • noted that, since the rationalisation of municipalities in 1999, massive urbanisation took place around Tshwane, and especially to the east of Tshwane;
  • expressed its concerns that developers have been allowed to develop areas on the boundaries of the metros, far from Bronkhorstspruit, without first considering municipal boundaries;
  • noted that some submissions reflect a misunderstanding of the legislation, as the Board has not taken any decision on the matter, but merely published its intention to consider a re-determination as provided for in section 26;
  • confirmed that the intention of section 26 was to invite public views and representations for consideration by the Board before a decision is taken;
  • confirmed that the Board, as in all cases, will take all submissions into consideration, but that the ultimate decision on the matter can only be taken be the Board;
  • noted, with appreciation, that some submissions contain motivation linked to sections 24 and 25 of the Demarcation Act;
  • noted, with concern, that the province and Kungwini negated the Board's request that sections 24 and 25 be taken into account when submitting  views and representations;
  • noted that the inputs received from the province and Kungwini merely states that Kungwini will be adversely affected without any substantial motivation in this regard;
  • noted that, should the Board decide to continue with a re-determination, special efforts will be required from the province and the district municipality to build the capacity of Kungwini;
  • noted that Kungwini Local Municipality apparently involved the media in the matter and also canvassed the support of the Minister of Provincial and Local Government, Metsweding, and SALGA; 
  • confirmed that the decisions of the Board cannot be influenced by the quantity of submissions or petitions, but that decisions can and should be influenced by the quality of and motivations in submissions;
  • objected to the allegations made in the letter received from Magalies Bronberg Property Owners Association, amongst others, that the Board "rubberstamp political decisions";
  • confirmed that the Board is constitutionally independent, and that it will continue to perform its functions as provided for in the Constitution, the Demarcation Act, and the Structures Act without fear, favour or prejudice;
  • confirmed, that, as in all cases, intergovernmental cooperation as provided for in Chapter 3 of the Constitution, should be promoted at far as possible;
  • noted with appreciation Tshwane's offer to arrange a public hearing;
  • noted that the Act empowers the Board to arrange public meetings and to conduct investigations before its takes a decision;
  • decided not to arrange a formal public meeting at this point in time, but to recommend to Tshwane to go ahead with such a hearing in consultation with the other affected municipalities and parties;
  • approved that officials of the Board may provide technical support to Tshwane, such as providing map, and that Board officials may attend as observers;
  • Noted that some submissions in support of the Board's proposals indicate that most local government services are already provided by Tshwane, and that service delivery would be improved by the inclusion of the area into Tshwane. Though the Board is, in general, against changing boundaries to improve service delivery, which should be addressed by municipalities and interventions by the provincial government, the Board expressed the view that many other criteria justify a review of the boundaries;
  • noted that Ekurhuleni and others provided substantial inputs and motivation for the inclusion of a certain portion of the identified area into Ekurhuleni which can not be disregarded;
  • noted that, in considering the matter against sections 24 and 25, there can be no doubt that the boundaries between Kungwini, Tshwane and Ekurhuleni need to be re-considered;
  • resolved to recommend to the Province to give, in consultation with Kungwini and Metsweding,   special attention as to how it can assist Kungwini to overcome the alleged adverse effect that may result from a boundary re-determination, if any;
  • noted that it is likely that any re-determination will affect the representation of voters in the respective municipal councils, and that the IEC will probably express such a view in terms of section 23, which will mean that the boundary re-determination will only take effect on the date of the next local elections in 2011, which will allow the affected municipalities ample time and opportunity to plan for the envisaged changes to their jurisdictions;
  • Approved that more time be allowed for the the province, the affected municipalities and other stakeholders to further investigate the matter and to make further motivated submission to the Board;
  • noted that the inclusion of the whole of Kungwini into Tshwane was raised by Kungwini;
  • Confirmed that motivated alternative proposals will be welcomed by the Board;
  • resolved that the Board's resolutions be made available to all stakeholders that responded to the section 26 notice, and that they be invited to submit further motivated inputs and proposals by not later than   30 April 2008.
  • confirmed that the matter needs to be finalised by May 2008 so as to allow the IEC to align the boundaries of voting districts if necessary;
  • resolved that if an agreement is reached by the Province, Kungwini, Metsweding, Tshwane, Ekurhuleni  and other stakeholders before 30 April 2008, such an agreement be circulated urgently to Board members for consideration.

 

FREE STATE

DEM NO

DESCRIPTION

MDB RESOLUTION ON 29 FEB 2008

DEM347

It is proposed that the boundaries of the Kopanong Local Municipality (FS162), and Letsemeng Local Municipality (FS161); Xhariep District Municipality (DC16) be re-determined by excluding parts of PK Le Roux Dam and surrounding farms from Letsemeng Local Municipality (FS161) into Kopanong Local Municipality (FS162); Xhariep District Municipality (DC16)

 

The Board:

·            Approved that a Section 26 notice be published;

·            Approved that 21 days be allowed for the submission of views and representations

 

KWAZULU NATAL

DEM NO

DESCRIPTION

MDB RESOLUTION ON 29 FEB 2008

DEM339

It is proposed that the area of Ingwavuma Community be removed from Jozini Municipality and be demarcated as a new municipality

The Board:

·            Noted that the request from Ingwavuma was referred to the Board by DPLG;

·            Noted that the letter from the DPLG can not be regarded as a request in terms of section 22;

·            Noted that Board was not prepared to deal with this matter as its own initiative in terms of section 22;

·            Noted the letter dated 31 December 2007 received from the MEC which is regarded as a request in terms of section 22;

·            Approved that a Section 26 notice be published;

·            Approved that 21 days be allowed for the submission of views and representations.

 

NEW DEMS: SECTION 26 NOTICES

 

EASTERN CAPE

DEM NO.

DESCRIPTION

MDB RESOLUTIONS: 29 FEB 2008

DEM379

Proposed re-determination of municipal boundaries by excluding sub-villages Mkhonkqu-Papane, Mnxekazi, Mpindweni-Nyingweni, Kwa-Mkhonde, Mangqamzeni and Nyegqeni from Ntabankulu Local Municipality (EC152) and including them into Umzimvubu Local Municipality (EC442); Alfred Nzo District Municipality (DC44)

The Board:

·            noted that a request had been received from Mantshonagana and had been submitted to the affected municipalities and the province for comments;

·            resolved that if no response is received by 10 March 2008, a section 26 notice be published to test public opinion.

DEM380

Proposed re-determination of municipal boundary by excluding the remainder of portion 2 of the farm Welgevonden from Ikwesi Local Municipality (EC103), and including it into Blue Crane Route Local municipality (EC102). 

The Board:

·            noted that a request had been received from Richardt Van Rensburg Attorneys and had been submitted to the affected municipalities and the province for comments;

·            resolved that if no response is received by 10 March 2008, a section 26 notice be published to test public opinion.

DEM381

Proposed re-determination of municipal boundaries by excluding Mbizana Local Municipality (EC151) from OR Tambo District Municipality (DC15) and including it into Alfred Nzo District Municipality (DC44)

The Board:

  • noted that the request had been received from the MEC and had been submitted to the affected municipalities;
  • decided to regard this case as a case submitted by the MEC in terms of section 22;
  • resolved that a section 26 notice be published to test public opinion;
  • determined 15 April 2008 as closing date written submissions.

DEM382

Proposed re-determination of municipal boundaries by excluding Ntabankulu Local Municipality (EC152) from OR Tambo District Municipality (DC15) and including it into Alfred Nzo District Municipality (DC44)

The Board:

  • noted that the request had been received from the MEC and had been submitted to the affected municipalities;
  • decided to regard this case as a case submitted by the MEC in terms of section 22;
  • resolved that a section 26 notice be published to test public opinion;
  • determined 15 April 2008 as closing date written submissions.

DEM383

Proposed re-determination of municipal boundaries by creating a new municipality consisting of Elliotdale and Mqanduli magisterial districts

The Board:

  • noted that the request had been received from the MEC and had been submitted to the affected municipalities;
  • decided to regard this case as a case submitted by the MEC in terms of section 22;
  • resolved that a section 26 notice be published to test public opinion;
  • determined 15 April 2008 as closing date written submissions.

DEM384

(Also see

DEM388)

Proposed re-determination of municipal boundaries by amalgamating Great Kei Local Muncipality (EC123) and Buffalo City Local Municipality (EC125)

The Board:

  • noted that the request had been received from the MEC and had been submitted to the affected municipalities;
  • decided to regard this case as a case submitted by the MEC in terms of section 22;
  • resolved that a section 26 notice be published to test public opinion;
  • determined 15 April 2008 as closing date written submissions.

DEM385

Proposed re-determination of municipal boundaries by including ward 7 from EC141 and wards 14; 15; 16; 23 &24 from (EC441) to create a new municipality

The Board:

  • noted that the request had been received from the MEC and had been submitted to the affected municipalities;
  • decided to regard this case as a case submitted by the MEC in terms of section 22;
  • resolved that a section 26 notice be published to test public opinion;
  • determined 15 April 2008 as closing date written submissions.

 

 

SECTION 21 NOTICES

 

FREE STATE

DEM NO.

DESCRIPTION

MDB RESOLUTION ON 29 FEB 2008

DEM290

Proposed re-determination of municipal boundaries by excluding the farms Highlands, Lekdam, Belgian Congo, Merino, Onverwag, Oude Kraal, Pat, Loin Hill Stud Farm, Pleasant View; Leeuwkop; Tafelkop; Langverwacht; Middelkop; Alto; Spitzkop; Brakvley; Springbokfontein; Langlaagte; Bankfontein; Zoetvlei; Gats Kop; Jackalskop; Kalverfontein, Harmony, Blesbokpan, Rietspruit, Klein Geluk, Brakleegte, Eenzaam, Malta, Gordon, Evenwel, Triangle and Ceylon from Mafube and Fezile Dabi, and by including them into Phumelela and Thabo Mafutsanyane.

The Board:

·            Re-determined the boundaries as per the proposal received from the province;

·            Approved the publication of a section 21 notice;

·            Approved that 30 days be allowed for the submission of views and representations.

 

MPUMALANGA

DEM352

It is proposed that the area of Louisville and KaMashayani Village be excluded from Nkomazi Municipality and included into Umjindi Municipality.

The Board:

·            Re-determined the boundary;

·            Approved that a section 21 be gazetted;

·            Approved that 30 days be allowed for objections.

 

EASTERN CAPE

DEM175

Proposed that the Board re-determined the boundaries of Intsika Yethu Local Municipality (EC135); Chris Hani District Municipality (DC13); Mbashe Local Municipality (EC121) and Amatole District Municipality (DC12) by excluding the Xonye; Gwecweni; Mqonci; Ngqutura; Nxamagele; and Caba Administrative Areas from the municipal area of Intsika Yethu Local Municipality (EC135) and including them into the municipal area of Mbhashe Local Municipality (EC121).

The Board:

·            Withdrew it re-determination as per Gazette No. 1534, dated 18 May 2006,

·            Re-determined the boundaries as per the map provided by Chris Hani DC;

·            Approved the re-publication of a section 21 notice;

·            Approved that 30 days be allowed for objections.

DEM313

Proposed re-determination of municipal boundaries by excluding the farms Bedrog Fontein No. 23, Haarhoffs Kraal No.180, Elands Horn Outspan No.182, Maidens Hope No.183, Wilge Rivier No.184, Elands Hoorn No.185, Grassridge No.187, Gringley No.188, Centlivres No.231, 232/1 No.232, Prentice Kraal No.233, Bauwerskraal No.234, Paarde Kop No.235, Farm 236 No.236, 232/1 No 674, 232/1 No 674 from Nelson Mandela, and by including them into Sundays River Valley and Cacadu.

The Board:

·            Re-determined the boundary;

·            Approved that a Section 21 notice be published;

·            Approved that 30 days be allowed for the submission of views and representations.

DEM287

Proposed re-determination of municipal boundaries by excluding Upper Cala A/A from Emalahleni, and by including it into Sakhisizwe.

The Board

·            Resolved to re-determine the boundaries in terms of Section 21;

·            Approved 21 days for objections. 

 

LIMPOPO

DEM257

Re-determination of the municipal boundaries of Aganang Local Municipality (LIM352) and Blouberg Local Municipality (LIM351), by excluding a portion of the farm Uitkyk and the farm Amulree 154 from BloubergLocal Municipality (LIM351) and including them into Aganang Local Municipality (LIM352).

The Board:

·            Approved that Section 21 notice No 246 published in Provincial Gazette No 1365 on 5 June 2007 be withdrawn

·            approved that Section 21(5) notice No 553 published in Provincial Gazette No 1427 on 19 December be withdrawn;

·            noted that the province and the municipalities agreed to the boundary change as per map DEM257_A which will not split communities;

·            re-determined the boundaries as per map no DEM257_A;

·            approved that a section 21 notice be re-published for objections within 30 days;

·            directed that the request of the province that the re-determination only take effect on the date of the next elections, be forwarded to the IEC for consideration

DEM365

Proposed re-determination by excluding farms south of the Thabazimbi magisterial district from Lephalale and including them into Thabazimbe

The Board:

·            noted that the closing date for submissions was 21 January 2008;

·            noted that municipalities, the province and other stakeholders were informed in Circular 7/2007 of the Board’s intention to consider the matter;

·            noted that the no submissions have been received from affected municipalities;

·            noted the intention of the province to convene a meeting with all stakeholders to discuss the matter, and the request that a representative of the Board attends such meeting;

·            resolved to allow time for all affected parties to consider the matter and to make a joint proposal to the Board;

·            approved that officials of the Board attend the meeting as observers and to provide technical assistance;

·            decided to designate a Board member to also attend the meeting;

·            resolved that the matter be dealt with urgently;

·            resolved that if no joint submission is received by 30 March 2008, the matter be referred to Board members to take a decision on the section 21 notice.

 

DEM367

Proposed re-determination by excluding a number of farms from Modimole and including them into Moogopong

The Board:

·            noted that the closing date for submissions was 21 January 2008;

·            noted that municipalities, the province and other stakeholders were informed in Circular 7/2007 of the Board’s intention to consider the matter;

·            noted that the no submissions have been received from affected municipalities;

·            noted the intention of the province to convene a meeting with all stakeholders to discuss the matter, and the request that a representative of the Board attends such meeting;

·            resolved to allow time for all affected parties to consider the matter and to make a joint proposal to the Board;

·            approved that officials of the Board attend the meeting as observers and to provide technical assistance;

·            decided to designate a Board member to also attend the meeting;

·            resolved that the matter be dealt with urgently;

·            resolved that if no joint submission is received by 30 March 2008, the matter be referred to Board members to take a decision on the section 21 notice.

DEM368

Proposed re-determination by excluding new Belgium and several other farms from Lephalale and including them into Modimole

The Board:

·            notes that the closing date for submissions was 21 January 2008;

·            noted that municipalities, the province and other stakeholders were informed in Circular 7/2007 of the Board’s intention to consider the matter;

·            noted that the no submissions have been received from affected municipalities;

·            noted the intention of the province to convene a meeting with all stakeholders to discuss the matter, and the request that a representative of the Board attends such meeting;

·            resolved to allow time for all affected parties to consider the matter and to make a joint proposal to the Board;

·            approved that officials of the Board attend the meeting as observers and to provide technical assistance;

·            decided to designate a Board member to also attend the meeting;

·            resolved that the matter be dealt with urgently;

·            resolved that if no joint submission is received by 30 March 2008, the matter be referred to Board members to take a decision on the section 21 notice.

DEM369

Proposed re-determination by excluding Elandfontein KR427 from Midimole and including it into Bela-Bela

The Board:

·            noted that the closing date for submissions was 21 January 2008;

·            noted that municipalities, the province and other stakeholders were informed in Circular 7/2007 of the Board’s intention to consider the matter;

·            noted that the no submissions have been received from affected municipalities;

·            noted the intention of the province to convene a meeting with all stakeholders to discuss the matter, and the request that a representative of the Board attends such meeting;

·            resolved to allow time for all affected parties to consider the matter and to make a joint proposal to the Board;

·            approved that officials of the Board attend the meeting as observers and to provide technical assistance;

·            decided to designate a Board member to also attend the meeting;

·            resolved that the matter be dealt with urgently;

·            resolved that if no joint submission is received by 30 March 2008, the matter be referred to Board members to take a decision on the section 21 notice.

 

 

 

KWAZULU-NATAL

DEM363

Proposed re-determination of municipal boundaries by excluding Express, Eden, Greenford, Shanty, Ennesdale, Dalton, Furnhurst, Bursea, Clipson, River Prospect, Mercury, Eversly No 2, Field Head, kirkby No 2,The Fern, Yorkville, Beverley, Briarmains, Lammermoor No 2, Lammernoor, Rockmount and Lot 7 from Umtshezi Municipality (KZN234) and including them into Imbabazane Municipality (KZN236).

The Board:

·            re-determined the boundary and approved the publication of a section 21 notice

DEM364

Proposed re-determination of municipal boundaries by excluding Ellersie, Solferino, Vaal Bank, uitzitz, Kerk Plaats, Mouth Elizaber, portion of Snelster and portion of Klip Fountain from Okhahlamba Municipality (KZN235) and including them into Imbabazane Municipality (KZN236).

The Board:

·            re-determined the boundary and approved the publication of a section 21 notice

DEM366

Proposed re-determination of municipal boundaries by excluding the farms Scotston, Scottston 1, Rereoch, Retief and Addison and a portion  of Doorn Hoek from Okhahlamba Local Municipality (KZN235) and including it into Emnambithi-Ladysmith Local Municipality (KZN232)

The Board:

·            re-determined the boundary and approved the publication of a section 21 notice

DEM372

Proposed that ward 2 be excluded from Ndwendwe KZ293 and included into KwaDukuza KZN292.

The Board:

·            re-determined the boundary and approved the publication of a section 21 notice

DEM377

Proposed re-determination of municipal boundaries by excluding certain farms from Ingwe Local Municipality and Kwa Sani Local Municipality and including it into Impendle

The Board:

·            re-determined the boundary and approved the publication of a section 21 notice

 

WESTERN CAPE

DEM374

Proposed re-determination of municipal boundaries by excluding farm Dassiedale’ Farm 407, Farm 405, Willowdale, De Poort, Treinkraal A, Applekraal and Farm 415 from Theewaterskloof (WC031) and including it into Swellandam (WC034)

The Board:

·            re-determined the boundary and approved the publication of a section 21 notice

DEM375

Proposed re-determination of municipal boundaries by excluding certain farms from Breede River/Winelands (WC026); Cape Winelands District Municiaplity (DC2) and including it into Swellandam (WC034); Overberg District Municipality(DC3) (see map 375)

The Board:

·            re-determined the boundary and approved the publication of a section 21 notice

 

 

SECTION 21(5) NOTICES

 

EASTERN CAPE

DEM NO.

DESCRIPTION

MDB RESOLUTIONS 29 FEB 2008

DEM292

Proposed re-determination of municipal boundaries by excluding Madokisini Location from Mnquma and by including it into Mbhashe

The Board:

·            confirmed this re-determination and approved the publication of a section 21(5) notice.

 

DEM345

It is proposed that Myeni and Upper Mnqesha localities be excluded from Amahlathi Municipality and be included into Buffalo City Municipality.

The Board:

·            confirmed this re-determination and approved the publication of a section 21(5) notice.

 

 

KWAZULU-NATAL

DEM131

 

Proposed re-determination of the municipal boundaries of Hlabisa and Mtubatuba by excluding the Mpukunyoni/ Mkhwanazi Traditional Authority area from the municipal area of Hlabisa, and by including the area into the municipal area of Mtubatuba.

 

The Board:

·         noted that this case has been dealt with since 2002;

·         noted that the Board has attended a number of meeting since 2002;

·         noted that eventually both municipalities supported the re-determination;

·         noted, with concern, the absence of a provincial input on the matter;

·         noted that there is overwhelming support from the affected community, youth organisations, and the councillors for wards 8 to 19 for the re-determination;

·         noted that in a letter dated 25 February 2008, Hlabisa has withdrawn its support for the re-determination;

·         noted, with concern, the allegations that councillors have apparently been forced by certain political leaders to recede the council resolution of September 2006;

·         noted that not all councillors supported the withdrawal of the September 2006 resolution;

·         noted that political tension and conflict has emerged;

·         noted the request from the IFP that a final decision be postponed for 1 month to allow the parties involved to resolve their differences, and to come to a mutually acceptable agreement on the matter;

·         expressed an opinion that boundary changes can not be influenced by political pressures, but only by objective criteria provided for in the Demarcation Act;

·          resolved that the affected parties be afforded an opportunity to further consult on the matter;

·         resolved that if no agreement is reached and submitted to the Board by 20 April 2008, the re-determination be confirmed and section 21(5) be published.

 

NORTH WEST

DEM279

 

Proposed re-determination of municipal boundaries by demarcating Molopo and Kagisano into one local municipality.

The Board:

  • noted that continued existence of 2 separate municipalities can not be justified in terms of the criteria;
  • confirmed that it is not in favour of moving only a portion of land from Kagisano to Molopo;
  • decided that the Board will only consider the inclusion of a portion of Kagisano into Molopo upon receipt of convincing motivation in terms of section 24 and 25 of the Demarcation Act;
  • resolved to refer the letter dated 25 February 2008 received form Molopo to the MEC, Kagisano and SALGA for their inputs;
  • resolves to allow till 20 April 2008 for further consultations between the 2 municipalities, the province and the affected communities;
  • decided to designate a Board member to attend a meeting if such a meeting is arranged by the the affected municipalities or the province;
  • decided that if no mutual agreement on the amalgamation of the two municipalities is submitted to the Board by 20 April 2008, the re-determination be regarded as confirmed and that a section 21(5) notice be gazetted.

 

 

SECTION 23 NOTICES

 

EASTERN CAPE

DEM NO.

DESCRIPTION

COMMENTS

DEM349

It is proposed that the area of Gqukesi Location be removed from Mnquma Municipality and be included into Mbhashe Municipality.

The MEC still to gazette a sec 23 notice to determine the effective date.

DEM349

In terms section 21 of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) the Municipal Demarcation Board has re-determined the municipal boundaries by removing the area of Gqukesi Location from Mnquma Municipality and including it into Mbhashe Municipality.

The Province indicated that the section 23 notice will be gazetted as soon as possible.

 

GAUTENG

DEM276

In terms section 21 of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) the Municipal Demarcation Board has re-determined the municipal boundaries of Westonaria Local Municipality (GT414) and Randfontein Local Municipality (GT412) by excluding a portion of Ten Acres Agricultural Holdings from the municipal area of Randfontein Local Municipality (GT412) and by including it into the municipal area of Westonaria Local Municipality (GT414).

The matter was raised in Board’s Circular 7/2007.  The MECs Section 23 notice is awaited.

 

 

WESTERN CAPE

DEM335

Re-determination of municipal boundaries by excluding Welgegund, comprising of Farm 1108, Berg en Dal 1028 and 902, Berg en Dal annex 900, and Farm 959, from City of Cape Town and by including them into Swartland and West Coast.

The matter was raised in Board’s Circular 7/2007.  The notice is awaited.

DEM1041

Re-determination of municipal boundaries by excluding portions of Ronde Valley from George, by including them into Knysna.

The matter was raised in Board’s Circular 7/2007.  The notice is awaited.

 

NORTH WEST

DEM267

Re-determination of municipal boundaries by excluding Pleizier, Papies Vlakte, Salem, Kgoro, Kruispad, Middel Pan, Massouw, the area adjacent to Salem and Kruispad, Hartbeespan, Vogelstruis Kop and Blaauwkrans from Naledi and Bophirima, and by including them into Ratlou and Central

The matter was raised in Board’s Circular 7/2007.  The notice is awaited.

 

LIMPOPO

DEM272

Re-determination of municipal boundaries by excluding Ongegund 675, Stavoren 676, Witfontein 688, Maraisgraf 650, Arcadia 649 and Sedan 654 from Mookgopong and Waterberg, and by including them into Greater Marble Hall and Greater Sekhukhune

Board noted that section 23(2) notice was received from the office of the MEC.   However the incorrect reference was cited. The office of the MEC has been informed and a corrected gazette is awaited.

DEM336

Re-determination of municipal boundaries by excluding the area of the Ngwanallela Village (the farms Ripley 684, Ambergate 685 and Schaffhausen 689) from Blouberg and by including them into Aganang

Board noted that section 23(2) notice was received from the office of the MEC.   However the incorrect reference was cited. The office of the MEC has been informed  and a corrected gazette is awaited.

DEM226

Re-determination of municipal boundaries by excluding the Tolwe area and surrounding farms from Lephalale and Waterberg, and by including them into Blouberg and Capricorn.

Board noted that section 23(2) notice was received from the office of the MEC.   However the incorrect reference was cited. The office of the MEC has been informed  and a corrected gazette is awaited.

DEM227

Re-determination of municipal boundaries by excluding Vivo, Schiermonikoog and surrounding areas from Makhado and Vhembe, and by including them into Blouberg and Capricorn

Board noted that section 23(2) notice was received from the office of the MEC.   However the incorrect reference was cited. The office of the MEC has been informed  and a corrected gazette is awaited.

 

 

CASES AFFECTING PROVINCIAL BOUNDARIES

 

 

NORTHERN CAPE/NORTH WEST

DEM NO.

DESCRIPTION

MDB RESOLUTION: 29 FEB 2008

DEM

Proposed correction of the boundaries of Phokwane by aligning the provincial boundary between North West and Northern Cape.

The Board:

  • noted that the NC Provincial Legislature approached the Minister in this regard, and copied the letter to the Board;
  • noted that the Legislature had been informed that the MDB has no longer a mandate to deal with the matter and that representations should be made to Justice to amend Schedule 1A to the Constitution.

 

 

DISTRICT MANAGEMENT AREAS

 

WESTERN CAPE

DMA

MDB RESOLUTION: 29 FEBRUARY 2008 

WCDMA1

The Board confirmed the boundary and approved the publication of a section 21(5) notice. 

WCDMA2

The Board:

·            resolved to re-determine the boundaries;

·            approved the publication of a section 21 notice;

·            resolved to allows 30 days for objections;

·            decided that the section 21 notice be gazetted together with the section 21 notice for WCDMA3 as the boundaries of both districts are also affected.

WCDMA3

The Board:

·            amended its resolution of 6 December 2007 by replacing the name “West Coast” with “Cape Winelands”;

·            noted that no agreement could be reached between the affected municipalities;

·            decided not re-determine the boundary at this point in time;

·            confirmed that a meeting be arranged with all the affected municipalities;

·            decided to request Overberg to arrange a meeting at a place and on a date and time that will be convenient to all three municipalities and the Board;

·            decided to nominate a Board member to Chair the meeting;

·            decided that each municipality be afforded an opportunity to make a presentation at the meeting to motivate their differing proposals taking into account sections 24 and 25 of the Demarcation Act;

·            resolved that MDB representatives at the meeting can provide technical assistance during the meeting, but should refrain from committing the Board in any way;

·            resolved that Board members be informed of the outcome of the meeting as soon as possible so that the boundaries can be re-determined.

WCDMA4

The Board:

  • noted with concern, the lack of inputs from the affected municipalities and the province;
  • noted the objections received from Mr. Hodgson on behalf of agricultural and community organisations;
  • noted with appreciation the work that is being done by the Eden district municipality to deal with the consequences of natural disasters;
  • noted, that there is no reason for district municipality not to continue with its good work;
  • noted that sufficient legal provisions are in place to allow George Local Municipality and Eden District municipality to conclude agreements on any function to be performed in the DMA;
  • resolved to confirm the boundary re-determination;
  • resolved that the publication of a section 21(5) notice be held in abeyance, and that the letter received be referred to the George and Eden for comments;
  • resolved that if no response is received from the municipalities by 20 April 2008, the section 21(5) notice be gazetted, and that the IEC be informed of the boudary change so that the boundaries of voting districts can be aligned to the new boundaries of George. 

WCDMA5

The Board:

  • noted the representations and motivation received from Central Karoo and Beaufort West;
  • resolved that the suggestion to include the DMA into Graaff- Reinett, can not be considered, as the latter falls in another province;
  • noted, with concern, the absence of any inputs from the province;
  • noted that the province and district municipalities have a constitutional duty to build the capacity of local municipalities;
  • confirmed its view that sufficient time is available for the province and the affected municipalities to make arrangements to overcome the problems raised by the municipalities;
  • confirmed that sufficient legal provisions exist for the municipalities to conclude agreements so as to ensure a continuation of service delivery in the DMA;
  • resolved not to confirm the re-determine of the boundary at this point in time;
  • directed that a meeting be arranged with the affected municipalities and the province so as to ascertain what plans can be put in place by the province and the district municipality to overcome the problems raised by the municipalities;
  •  decided to designate a Board member to also attend, and if, necessary, to Chair, the meeting.

 

NORTHERN CAPE

NCDMA6

The Board confirmed the boundary re-determination and approved the publication of a section 21(5) notice. 

NCDMA7

The Board re-determined the boundary and approved the publication of a section 21 notice.

NCDMA8

The Board confirmed the boundary re-determination and approved the publication of a section 21(5) notice

NCDMA9

The Board re-determined the boundary and approved the publication of a section 21 notice.

NCDMA45

The Board:

  • decided not re-determine the boundary at this point in time;
  • resolved that a meeting be arranged with the affected parties;
  • resolved that the district municipality be requested to host the meeting and to invite the traditional leaders, Moshaweng, Gamagara, and representatives of the mines and unions, to make presentations to motivate their proposals taking into account section 24 and 25 of the Demarcation Act;
  • decided to designate a board member to chair the meeting;
  • resolved that Board officials at the meeting can provide technical assistance during the meeting, but should refrain from committing the Board in any way;
  • directed, that the matter should be handled with great circumspection in view of the prevailing adverse impact of the electricity crisis on mines which directly affects production, economic growth and employment;
  • directed that any recommendation to the Board needs to clearly indicate that the mines in the area will not be adversely affected, and that the responsible municipality has a plan in place to provide the necessary municipal services to the mines;
  • directed that at the meeting, stakeholders be invited to consider and submit alternative proposals such as the division of the DMA between the 2 municipalities, or the amalgamation of the 2 municipalities;
  • resolved that Board members be informed of the outcome of the meeting as soon as possible so that the boundaries can be re-determined.

 

EASTERN CAPE

ECDMA10

The Board:

·            Confirmed the boundary and approved the publication of a section 21(5) notice;

·            expressed an opinion that the financial problems raised by Baviaans should be addressed by the province and the district municipality as they have a constitutionally duty in this regard;

·            noted that the boundary change will only take effect on the date of the next local elections in 2011 which leaves sufficient time for the province, the district municipality and Baviaans to do proper planning as to how Baviaans can be assisted;

·            resolved to confirm its re-determination of the boundary;

·            resolved that the publication of the section 21(5) notice be held in abeyance till 30 March 2008, so as to allow the province, Baviaans and the district municipality to further discuss the matter, and to allow the province to respond;

·            decided to designate a Board member to attend a meeting if the province and municipalities decided to convene a meeting on the matter.

 

ECDMA13

The Board confirmed the boundary and approved the publication of a section 21(5) notice. 

 

FREE STATE

FSDMA19

The Board confirms the boundary approves the publication of a section 21(5) notice

 

KWAZULU-NATAL

KZNDMA22

The Board:

·         noted that the MEC’s response is probably based on the July 2003 DMA report;

·         noted that the MEC has probably not studied the July 2007 DMA report and the MDB Circulars in this regard;

·         confirmed that the Board intends to withdraw the declaration of all DMAs;

·         confirmed that a recommendation had been made to the Department of Environmental Affairs and Tourism to amend their legislation to empower their Minister to demarcate boundaries of protected areas;

·         noted that the MECs letter does not contain any motivation as to how the local municipality will be affected;

·         expressed the view that sufficient legislation is in place that empowers the affected local municipality to conclude agreements with the district municipality to continue with any services that the district may render in the DMA;

·         re-determined the boundary and approved the publication of a section 21 notice;

·         approved that the publication of the section 21 notice be held in abeyance till after the position has been explained to the MEC in writing, and he has been afforded an opportunity to respond by a certain date;

·         resolved that the matter needs to be finasised by April 2008, so as to allow sufficient time for the IEC to align voting district boundaries to the new municipal boundaries for the 2009 national and provincial elections.

 

KZNDMA23

The Board:

 

·         noted that the MEC’s response is probably based on the July 2003 DMA report;

·         noted that the MEC had probably not studied the July 2007 DMA report and the MDB Circulars in this regard;

·         confirmed that the Board intends to withdraw the declaration of all DMAs;

·         confirmed that a recommendation had been made to the Department of Environmental Affairs and Tourism to amend their legislation to empower their Minister to demarcate boundaries of protected areas;

·         noted that the MECs letter does not contain any motivation as to how the local municipality will be affected;

·         expressed the view that sufficient legislation is in place that empowers the affected local municipality to conclude agreements with the district municipality to continue with any services that the district may render in the DMA;

·         confirmed its section 21 re-determination, and approved the publication of a section 21(5) notice;

·         approved that the publication of the section 21(5) notice be held in abeyance till after the position has been explained to the MEC in writing, and he has been afforded an opportunity to respond by a certain date;

·         resolved that the matter needs to be finasised by April 2008, so as to allow sufficient time for the IEC to align voting district boundaries to the new municipal boundaries for the 2009 national and provincial elections.

KZNDMA27

The Board:

·         noted that the MEC’s response is probably based on the July 2003 DMA report;

·         noted that the MEC had probably not studied the July 2007 DMA report and the MDB Circulars in this regard;

·         confirmed that the Board intends to withdraw the declaration of all DMAs;

·         confirmed that a recommendation has been made to the Department of Environmental Affairs and Tourism to amend their legislation to empower their Minister to demarcate boundaries of protected areas;

·         noted that the MECs letter does not contain any motivation as to how the local municipalities will be affected;

·         expressed the view that sufficient legislation is in place that empowers the affected local municipalities to conclude agreements with the district municipality to continue with any services that the district may render in the DMA;

·         confirmed its section 21 re-determination, and approved the publication of a section 21(5) notice;

·         approved that the publication of the section 21(5) notice be held in abeyance till after the position has been explained to the MEC in writing, and he has been afforded an opportunity to respond by a certain date;

·         resolved that the matter needs to be finasised by April 2008, so as to allow sufficient time for the IEC to align voting district boundaries to the new municipal boundaries for the 2009 national and provincial elections.

KZNDMA43

The Board:

·         noted that the MEC’s response is probably based on the July 2003 DMA report;

·         noted that the MEC had probably not studied the July 2007 DMA report and the MDB Circulars in this regard;

·         confirmed that the Board intends to withdraw the declaration of all DMAs;

·         confirmed that a recommendation has been made to the Department of Environmental Affairs and Tourism to amend their legislation to empower their Minister to demarcate boundaries of protected areas;

·         noted that the MECs letter does not contain any motivation as to how the local municipalities will be affected;

·         expressed the view that sufficient legislation is in place that empowers the affected local municipalities to conclude agreements with the district municipality to continue with any services that the district may render in the DMA;

·         re-determined the boundary and approved the publication of a section 21 notice;

·         approved that the publication of the section 21 notice be held in abeyance till after the position has been explained to the MEC in writing, and he has been afforded an opportunity to respond by a certain date;

·         resolved that the matter needs to be finasised by April 2008, so as to allow sufficient time for the IEC to align voting district boundaries to the new municipal boundaries for the 2009 national and provincial elections.

 

 

MPUMALANGA

MPDMA32

The Board confirms the boundary and approves the publication of a section 21(5) notice.

 

LIMPOPO

LIMDMA33

The Board:

·            re-determined the boundary so as to accommodate the alternate proposals made by Thulamela Local Municipality (LIM343) and

·            approves the publication of a section 21 notice

 

GAUTENG

GTDMA48

The Board:

·            noted the correspondence pertaining to this DMA;

·            noted that a recommendation has been made to DEAT to draft legislation authorising their Minister to determine the boundaries of protected areas;

·            confirmed  the boundary re-determination; and

·            approved the publication of a section 21(5) notice

 

 

METROPOLITAN MUNICIPALITIES: NEW CASES INITIATED BY THE BOARD

 

 

DEM No.

Description

BOARD RESOLUTIONS 29 FEBRUARY 2008

DEM386

Proposed determination that the area of Msunduzi Local Municipality (KZN225)

 must have a category A municipality

The Board:

  • approved that the minister, the MEC and SALGA be consulted as provided for in section 4(2) of the Structures Act, 1998;
  • approved that the Minister, MECs and SALGA be requested to respond by 15 March 2008;
  • approved that a section 26 notice be published to test public opinion on the matter.

DEM387

Proposed determination that  the area of Mangaung Local Municipality (FS172)

must have a category A municipality

The Board:

  • approved that the minister, the MEC and SALGA be consulted as provided for in section 4(2) of the Structures Act, 1998;
  • approved that the Minister, MECs and SALGA be requested to respond by 15 March 2008;
  • approved that a section 26 notice be published to test public opinion on the matter.

DEM388

(also see DEM384)

Proposed determination that  the areas of Buffalo City Local Municipality (EC125) must have a category A municipality

The Board:

  • approved that the minister, the MEC and SALGA be consulted as provided for in section 4(2) of the Structures Act, 1998;
  • approved that the Minister, MECs and SALGA be requested to respond by 15 March 2008;
  • approved that a section 26 notice be published to test public opinion on the matter.

DEM389

(Also see DEM378)

Proposed re-determination of the boundaries of Tshwane, Ekurhuleni, Metsweding, Kungwini and Nokeng tsa Teamane by dividing the Metsweding district area between Tshwane and Ekurhuleni.

The Board:

  • resolved to test public opinion on the matter;
  •  resolved that a section 26 notice be published;
  • resolved that 30 days be allowed for public submissions.

 

 

 

ALL PROVINCES: TECHNICAL CORRECTIONS TO MUNICIPAL BOUNDARIES

 

The Board:

·               approved that section 26 notices be published as soon as possible;

·               resolved that the notices be circulated by email to the Board for information;

·               resolved that cases attracting negative responses or public objections not be considered for re-determination;

·               resolved that cases that are recommended for re-determination be circulated to Board members by email for approval;

·               resolved that Section 21 notices be gazetted as soon as a quorum of the Board has responded.