ATC210223: Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on consideration of the National Council of Provinces’ amendments to the Local Government: Municipal Structures Amendment Bill[B19D-2018] (National Assembly – Section 76), dated 23 February 2021
Cooperative Governance and Traditional Affairs
Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs on consideration of the National Council of Provinces’ amendments to the Local Government: Municipal Structures Amendment Bill[B19D-2018] (National Assembly – Section 76), dated 23 February 2021.
The Portfolio Committee on Cooperative Governance and Traditional Affairs having considered the amendments of the National Council of Provinces to theLocal Government: Municipal Structures Amendment Bill [B19D-2018],(National Assembly – Sec 76), referred to it on 2 December 2020 (see ATC, 2 December 2020), reports as follows.
- BACKGROUND
- The amendments to the Municipal Structures Act mostly emanate from the proposals of the Independent Electoral Commission (IEC) to address the challenges experienced in the administration and management of local government elections.
- The Department of Cooperative Governance (DCoG), the South African Local Government Association (SALGA), Provincial Governments and some Municipal Councils have also proposed amendments to the Principal Act, with a view to promoting certainty on some matters and strengthening oversight and governance in municipalities.
- The processing of the Bill in Parliament commenced towards the end of the fifth term of Parliament, where the previous Portfolio Committee received and considered submissions from SALGA, the Municipal Demarcation Board (MDB), the Provincial Governments of KwaZulu-Natal, Western Cape and Northern Cape, the Department of Justice and Constitutional Development (DoJCD), DCoG, as well as Free State and Mpumalanga Provincial COGTAs. These engagements took place on 13, 14 and 20 November 2018.
- Following the Committee deliberations of 5and 6 of December 2018, the National Assembly debated the Bill on 13 February 2019, and thereafter referred it to the National Council of Provinces (NCOP) for concurrence in terms of the procedure outlined in Section 76 of the Constitution. Having lapsed with the dissolution of the fifth Parliament in June 2019, the NCOP revived the Bill on 17 October 2019.
- After conducting its own extensive public participation processes, the NCOP debated the Bill on 02 December 2020 and referred it back to the National Assembly, with amendments, for concurrence. This is a report on the Portfolio Committee’s deliberations on these NCOP amendments.
- COMMITTEE DELIBERATIONS
- The Committee sat on 10 February 2021 to consider the NCOP’s amendments to the Local Government: Municipal Structures Amendment Bill [B19D–2018]. The Committee sitting consisted of the following Members: Ms F Muthambi (Chairperson – ANC), Ms P Xaba-Ntshaba (ANC), Ms D Direko (ANC), Ms M Tlou (ANC), Hon GG Mpumza (ANC), Mr C Brink (DA), Mr K Ceza (EFF), Ms H Mkhaliphi, Mr M Mabika (DA), Ms E Spies (DA) and Ms A Buthelezi (IFP), Mr M I Groenewald (FFP)
- Having been thus constituted, the Committee considered and unanimously agreed to all the NCOP amendments, as follows:
AMENDMENT |
COMMITTEE DECISION |
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Clause 1 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 7 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 8 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 9 |
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Amendment unanimously agreed to |
Clause 12 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 13 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 17 |
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Amendment unanimously agreed to |
Clause 19 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 23 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 27 |
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Amendment unanimously agreed to |
Clause 30 |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
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Amendment unanimously agreed to |
Clause 31 |
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Amendment unanimously agreed to |
NEW CLAUSES |
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21. Section 45 of the principal Act is hereby amended: (a) by the substitution for the heading of the following heading: ‘‘[Election] Determination of members of executivecommittees’’(b) by the substitution in section 45 for the words preceding paragraph (a) of the following words: ‘‘A municipal council must [elect] determine the members of its executive committee from among its members at a meeting that must be held—’’’’ ‘‘Amendment of section 46 of Act 117 of 1998 as substitutedby section 1 of Act. No 1 of 2003
22. Section 46 of the principal Act is hereby amended by the substitution in section 46 for the words preceding paragraph (a) of the following words: ‘‘The members of an executive committee are [elected] determined for a term ending, subject to section 47, when—’’’’. ‘‘Amendment of section 48 of Act 117 of 1998 as amended byAct. No 1 of 2003
23. Section 48 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: ‘‘(2) The election of a mayor and deputy mayor takes place when the executive committee is [elected] determined or when it is necessary to fill a vacancy.’’‘‘Amendment of section 53 of Act 117 of 1998
24. Section 53 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: ‘‘(2) If all the members of an executive committee areremoved, a new [election] determination of members must take place, and a new election of [and] the mayor and, if the municipality has a deputy mayor, the deputy mayor, must be held in terms of sections 45 and 48, respectively.’’. |
Amendment unanimously agreed to |
NEW CLAUSE |
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25. Section 63 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: ‘‘(3) Item 3 of the Code of Conduct [for Councillors set out in Schedule 1 to the Local Government Municipal Systems Act, 2000] does not apply to the speaker, executive mayor, a member of the mayoral committee or a member of the executive committee, as the case may be, in respect of meetings of a metropolitan sub council of which such an office bearer is a member.’’. |
Amendment unanimously agreed to |
NEW CLAUSE |
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That the following be a new clause to follow clause 31: ‘‘Transitional arrangements
32. A municipality with a plenary executive system immediately before the commencement of this Act, will continue to exist as a municipality with a plenary executive system until the date of the first local government election after commencement of this Act.’’ |
Amendment unanimously agreed to |
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CLAUSE 32 |
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Amendment unanimously agreed to |
LONG TITLE |
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Amendment unanimously agreed to |
- CONSIDERATION OF THE AMENDMENT BILL
The Portfolio Committee on Cooperative Governance and Traditional Affairs having deliberated on and considered the NCOP’s amendments to the Local Government: Municipal Structures Amendment Bill[B19D-2018] (National Assembly – Section 76), reports that it has agreed to the amendments as proposed. Committee members also agreed that the Department of Cooperative Governance should address all other matters of concern via circulars or other appropriate mechanisms.
Report to be considered
Documents
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