ATC190213: Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on the Local Government: Municipal Structures Amendment Bill [B19-2018] (National Assembly – sec 76), dated 13 February 2019

Amendments

Committee decisions

CLAUSE 1

1. On page 3, in line 6, to omit “and”.

2.          On page 3, after line 6, to insert the following definition:

(d)              by the insertion after the definition “municipality” of the following definition:

“‘Municipal Public Accounts Committee’ means a committee established in terms of section 79A; and”.

Committee agreed to this amendment

CLAUSE 6

1. On page 3, in line 47, to omit “; and” and to substitute “.”.
2. On page 3, in line 48, to omit paragraph (b).

Committee agreed to this amendment

CLAUSE 7

Clause rejected.

Committee agreed to this amendment

CLAUSE 8

1.         On page 4, in line 10, to omit “15” and to substitute “10”.

2.         On page 4, from line 12, to omit paragraph (b) and to substitute:

“(b)       by the insertion in subsection (4) after paragraph (b) of the following paragraphs:

(c)        20 per cent if the geographical size of the municipality is greater than 20 000 square kilometres and if less than 35 councillors have been determined for the municipality in terms of the formula; and

(d)        Any deviation in terms of section 20(4)(a), (b) or (c) must be done with the concurrence of the Minister.”.  

Committee agreed to this amendment

CLAUSE 12

1. On page 5, from line 22, to omit subsection (6) and to substitute:

“(6)       The [municipal manager of a municipality] MEC for local government in the province may not call a by-election in terms of subsection (1) if –

1. the next election of all municipal councils must be held within nine calendar months of the applicable dates mentioned in subsection (3); or
2. the MEC for local government in the province in consultation with the Minister decides that the by-election must stand over until the next election of all municipal councils.’’.

Committee agreed to this amendment

CLAUSE 13

1.         On page 5, in line 41, to omit “and”.

2.         On page 5, after line 41, to insert the following:

 (b)       by the substitution for paragraph (e) of the following paragraph:

            “(e)       is a representative of a local council in a district council and ceases to be a member of the local council which appointed that councillor to the district council or is replaced in terms of Item 23 of Schedule 2 to this Act by the local council as its representative in the district council; or”; and”.

1. On page 5, in line 55, to insert a comma after the word “may”.
2. On page 5, in line 55, to insert a comma after the word “shown”.

Committee agreed to this amendment

CLAUSE 14

1. On page 5, from line 51, to omit subsection (1A) and to substitute:

         “(1A)             If the speaker or acting speaker refuses to call a meeting of the council as requested in terms of subsection (1), the municipal manager of the municipality or, in the absence or refusal by the municipal manager, a person designated by the MEC for local government in the province may on good cause shown designate a person to call and chair the meeting.”.

Committee agreed to this amendment

CLAUSE 15

Clause rejected

NEW CLAUSE

1.  That the following be a new clause:

‘‘Public notice of meetings of municipal councils

29A.     The municipal manager of a municipality must give notice to the

public, in a manner determined by the municipal council, of the time, date

and venue of every—

(a)        ordinary and special meeting of the council or a meeting of a committee of a council;

(b)        ordinary or special meeting of the council or a meeting of a committee of a council that was postponed; and

(d)        urgent meeting of the council or meeting// of a committee of a council, except when time constraints make this impossible.’’.

1. Section 30 of the principal Act is hereby amended –

1. by the substitution for subsection (1) of the following section:

“(1) A majority of the number of councillors determined in terms of section 20 mustbe present at a meeting of the council when [before] a vote is [may be] taken on any matter.”; and

1. by the substitution for subsection (4) of the following subsection:

“(4) If on any question, other than a matter mentioned in section 160(2) of the Constitution, there is an equality of votes, the councillor presiding must exercise a casting vote in addition to that councillor’s vote as councillor.”

Committee agreed to this amendment

CLAUSE 18

1. On page, 6, in line 46, to omit “and”.
2. On page 6, in line 48, to omit “.” and to substitute “; and”.

3.         On page 6, after line 48, to insert:

“(k)       must ensure the effectiveness and functionality of ward committees and the public participation processes.”.

Committee agreed to this amendment

CLAUSE 19

1. On page 7, in line 6, to omit “, who has more than 40 councillors,”.
2. On page 7, in line 7, after “whip” to insert “for the council who is also a municipal office bearer as set out in Schedule 3”.

CLAUSE 23

1.         On page 8, in line 55 to omit, subsection (1A) and to substitute the following:

‘‘(1A) (a) If a metropolitan or local council is unable to establish a ward committee or ward committees in accordance with subsection (1), the speaker must, prior to the expiry of the 120 days after the elections, in writing and on good cause shown, request the MEC, responsible for local government in the province concerned, for an extension.

(b) The MEC must respond to the request referred to in subsection 1(a) within 14 days of receipt detailing the reasons for granting or refusing the extension.”.

Committee agreed to this amendment

CLAUSE 26

Clause rejected.

Committee agreed to this amendment

CLAUSE 29

1.       On page 11, in line 27, after “vacancy” to insert “within 14 days where the municipal manager does not”.

1. On page 11, in line 30, after “until” to omit “the date of the declaration of the results for that election” and to substitute “a day after a date of the first council meeting”.

Committee agreed to this amendment

CLAUSE 30

1.       On page 12, in line 51, after “until” to omit “the date of the declaration of the results for that election” and to substitute “a day after a date of the first council meeting”.

Committee agreed to this amendment

CLAUSE 32

1. On page 16, in line 36 to omit “Intervention” and to substitute “Interference”.
2. On page 16, in line 46, to omit “Council” and to substitute “Municipal”.
3. On page 17, after line 19, to insert the following:

“(5)        If the speaker of council is the alleged perpetrator, or the speaker refuses to authorise an investigation, the council must establish a special committee, as contemplated in Item 16(b), to investigate and make a finding on any alleged breach of this Code.”

1. On, page 17, after line 35, to insert the following:

“(3)            The speaker must inform the MEC for local government in the province concerned within 14 days of the finding and sanction decided on by the council.”.

Committee agreed to this amendment