REPUBLIC OF SOUTH AFRICA
_____________________________

LOCAL GOVERNMENT: MUNICIPAL STRUCTURES SECOND AMENDMENT BILL
(As introduced in the National Assembly as a section 75 Bill)
(The English text is the official text of the Bill)

(Minister for Provincial and Local Government)

[B - 2000]

GENERAL EXPLANATORY NOTE:

------------ Words underlined with a solid line indicate insertions in existing enactments.

Be it enacted by the Parliament of the Republic of South Africa as follows:-

1. The following sections are hereby inserted in the Local Government: Municipal Structures Act, 1998, after section 81:

"Functions of traditional authorities.

81A. The functions of a traditional authority that observes a system of customary law include the following:

(a) To collect and administer all fees and charges which are, according to custom, payable to the traditional authority within the traditional area of that traditional authority;

(b) to receive fines and fees collected with regard to the exercise of customary law;

(c) to administer any funding allocated to it from any source;

(d) to make recommendations in connection with the appointment of headmen;

(e) to perform such functions as may be delegated to it by a municipal council;

(f) to provide direction and leadership in cultural activities;

(g) to be the custodian of culture and customs;

(h) to attend to matters relating to witchcraft and divination within its communities;

(i) to carry out all orders given to it by competent authorities;

(j) to make known the requirements of any new laws to the community;

(k) to convene meetings of community members;

(l) to promote the interest and well being of residents in its traditional area;

(m) to control the holding of initiation ceremonies;

(n) to facilitate the gathering of firewood;

(o) to coordinate first fruit ceremonies;

(p) to coordinate rainmaking ceremonies; and

(q) to coordinate the clearing of fields to ensure good harvests.

81B. The role of traditional leaders includes:

(a) Officiating at the opening and closing ceremonies of municipal councils;

(b) presiding over the opening of customary proceedings;

(c) liaising, on behalf of municipal councils, with communities in respect of matters which affect the communities concerned;

(d) presiding over traditional, customary and wedding ceremonies;

(e) participating in burials;

(f) mediating during ancestral worship; and

(g) presiding over the inauguration of headmen.".

2. This Act is the Local Government: Municipal Structures Second Amendment Act, 2000.

Traditional leaders have expressed concern that the new municipal boundaries will result in their losing control over various functions traditionally performed by them.

The President directed the Minister of Provincial and Local Government to amend the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) ("the Act"), and to take the concerns expressed by the traditional leaders into account.

The Bill amends the Act in order to make provision for the functions and role of the traditional leaders. These are incorporated in new sections 81A and 81B.

The Department of Justice and Constitutional Development was consulted.

There will not be any additional financial implications for the State.

None.

The Local Government: Municipal Structures Second Amendment Bill has been classified as a section 75 Bill.