- NO.
209
OF
1993:
LOCAL
GOVERNMENT
TRANSITION
ACT,
1993.
-
STATE
PRESIDENT'S
OFFICE
-
- No.
187.
2
February
1994
-
- NO.
209
of
1993:
LOCAL
GOVERNMENT
TRANSITION
ACT,
1993.
-
ACT
-
- To
provide
for
revised
interim
measures
with
a
view
to
promoting
the
restructuring
of
local
government,
and
for
that
purpose
to
provide
for
the
establishment
of
Provincial
Committees
for
Local
Government
irnespect
of
the various
provinces;
to
provide
for
the
recognition
and
establishment
of
forums for
negotiating
such
restructuring
of
local
government;
for
the
exemption
of certain
local
government
bodies
from
certain
provisions
of
the
Act;
for
the
establishment
of
appointed
transitional
councils
in
the
pr-einterim
phase;
for the
delimitation
of
areas
of
jurisdiction
and
the
election
of
transitional
councils
in
the
interim
phase;
for
the
issuing
of
proclamations
by
the
Administrators
of
the
various
prvoinces;
for
the
establishment
of
Local Government
Demarcation
Boards
in
respect
of
the
various
provinces;
and
for
the repeal
of
certain
laws;
and
to
provide
for
matters
connected
therewith.
-
- (English
text
signed
by
the
State
President).
(Assented
to
20
January
1994.)
-
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
PART
1
-
Applicationof
Act
-
- Definitions
-
- 1.
(1)
In
this
Act,
unless
the
context
indicates
otherwise:
-
- (i)
"Administrator"
means
the
Administrator
as
defined
in
section
1
of the
Provincial
Government
Act,
1986
(Act
No.
69
of
1986):
Provided that
where
the
Administrator
is
required
to
exercise
any
power
in respect
of
any
local
government
body
which
is
situate
within
that part
of
the
province
which
forms
part
of
a
Sel-fgoverning
-
Territory,
the
Adminisrtator
shall
act
after
consultation
with
the Chief
Minister
of
that
Sel-fgoverning
Territory:
Provided
further that
at
the
establishment
of
a
provincial
government
for
the province
concerned
in
terms
of
the
Constitutinoof
the
Republic
of South
Africa,
1993,
any
reference
to
the
Administrator
shall
be construed
as
a
reference
to
the
Executive
Council
of
that
province and
any
reference
to
a
province
shall
be
construed
as
a
reference to
the
corresponding
province;
(i)
-
- (ii)
"Board"
means
the
Local
Government
Demarcation
Board
established
for a
province
under
section
11(1);
(xvi)
-
- (iii)
"Committee"
means
the
Provincial
Committee
for
Local
Govemrennt
established
for
a
province
in
terms
of
section
3(1)(a);
(iii)
-
- (iv)
"interim
phase"
means
the
period
commencing
on
the
day
after
elections
are
held
for
transitional
councils
as
contemplated
in section
9,
and
ending
with
the
implementation
of
final
arrangements
to
be
enacted
by
a
competent
legislative
authority;
(ii)
-
(v)
"local
government
body"
means
any
institution
or
body
contemplated in
section
84(1)(f)
of
the
Provincail
Government
Act,
1961
(Act
No.
32
of
1961),
and
includes
-
- (a)
any
local
government
body
established
by
or
under
any
law
in force
in
a
Sel-fgoverning
Territory;
-
- (b)
any
local
authority
as
defined
insection
1(1)
of
the
Black
-
Local
Authorities
Act,
1982
(Act
No.
102
of
1982);
-
- (c)
any
local
government
body
established
by
virtue
of
the provisions
of
section
30(2)(a)
of
the
Black
Administration
Act,
-
1927
(Act
No.
38
of
1927),
or
any
body
performing
local
-
government
functions
under
the
laws
referred
to
in
section
15(1)
-
of
this
Act
-
- (d)
a
board
of
management
or
board
referred
to
in
section
1
of
the
-
Rural
Areas
Act
(House
of
Representatives),
1987
(Act
No.
9
of
-
1987);
-
- (e)
any
committee
referred
to
in
section
17
of
the
Promotion
of
-
Local
Government
Affairs
Act,
1983
(Act
No.
91
of
1983);
-
- (f)
any
local
council
established
under
section
2
of
the
Local
-
Councils
Act
(House
of
Assembly),
1987
(Act
No.
94
of
1987);
-
- (g)
the
Local
Government
Affairs
Council
established
by
section
2
of the
LocalGovernment
Affairs
Council
Act
(House
of
Assembly),
-
1989
(Act
No.
84
of
1989);
-
- (h)
any
regional
services
council
established
under
section
3
of
the
-
Regional
Services
Councils
Act,
1985
(Act
No.
109
of
1985);
-
- (i)
any
joint
services
board
established
under
section
4
of
the
-
Kwazulu
and
Natal
Joint
Services
Act,
1990
(Act
No.
84
of
1990);
-
- (j)
any
joint
decisio-nmaking
body,
joint
local
authority
or
single local
authority
referred
to
in
paragraphs
(c),
(e)
and
(f)
of section
8
of
the
Interim
Measures
for
Local
Government
Act,1991 (Act
No.128
of
1991),
and
established
by
proclamation
issued under
that
Act;
-
- (k)
any
person,
institution
or
body
declared
under
subsection
(2)
to be
a
local
government
body
for
the
purposes
of
this
Act;
(xiii)
-
- (vi)
"local
government
co-ordinating
committee"
means
a
joint
committee
established
to
exercise
and
perform
during
the
pr-einterim
phase specific
powers
and
duties
of
local
government
bodies,
as contemplated
in
section
7(1)(c);
(xii)
-
(vii)
"metropolitan
area"
means
any
are-a
-
- (a)
comprising
the
areas
of
jurisdiction
of
multiple
local
governments;
-
- (b)
which
is
densely
populated
and
has
an
intense
movement
of people,
goods
and
services
within
the
area;
-
- (c)
which
is
extensively
dveeloped
or
urbanized
and
has
more
than
-
one
central
business
district,
industrial
area
and
concentration
of
employment;
and
-
- (d)
which,
economically,
forms
a
functional
unit
comprising
various
smaller
units
which
are
interdependent
economically
and
in
-
respect
of
services;
(iv)
-
- (viii)
"Minister"
means
the
Minister
of
Local
Government;
(vii)
-
- (ix)
"negotiating
forum"
means
any
negotiating
forum
referred
to
in section
6;
(ix)
-
- (x)
"Official
Gazette"
means
the
"Official
Gazette"
of
the
province
concerned;
(viii)
-
- (xi)
"pre-interim
phase"
means
the
period
commencing
on
the
date
of commencement
of
this
Act
and
ending
wtih
the
commencement
of
the interim
phase;
(xiv)
-
- (xii)
"province"
means
any
existing
province,
and
from
the
establishment
of
a
provincial
government
for
the
province
concerned
in
terms
of
- the
Constitution
of
teh
-
- Republic
of
South
Africa,
1993,
the
- corresponding
province;
(xv)
-
- (xiii)
"Self-governing
Territory"
means
a
sel-fgoverning
territory
as defined
in
section
38(1)
of
the
Sel-fgoverning
Territories
Constitution
Act,
1971
(Act
No.
21
of
1971);
(xvii)
-
- (xiv)
"town
clerk",
in
relation
to
a
local
government
body,
transitional
council
or
transitional
metropolitan
substructure,
means
the
chief
executive
officer
of
such
local
governmentobdy,
transitional
-
council
or
transitional
metropolitan
substructure
regardless
of
the
designation
of
the
post
occupied
by
that
officer;
(xviii)
- (xv)
"transitional
council"
includes
a
local
government
-
- -cordinating
- committee,
a
transitional
local
council
and
a
transitional
metropolitan
council
for
the
pr-einterim
phase,
and
a
transitional
local
council
and
a
transitional
metropolitan
council
for
the interim
phase;
(x)
-
- (xvi)
"Transitional
Executive
Council"
means
the
Transitional
Executive
Council
established
by
section
2
of
the
Transitional
Executive
Council
Act,
1993
(Act
No.
151
of
1993);
(xix)
-
- (xvii)
"transitional
local
council"
emans
a
single
council
as
contemplated
in
section
7(1)(b)(i)
for
the
pr-einterim
phase,
and
as
contemplated
in
section
8(1)(a)
for
the
interim
phase;
(xi)
-
- (xviii)
transitional
metropolitan
council"
means
the
council
as
contpelmated
in
section
7(1)(b)(ii)
for
the
pr-einterim
phase,
and
as
contemplated
in
section
8(1)(b)
for
the
interim
phase;
(v)
-
- (xix)
transitional
metropolitan
substructure"
means
a
primary
local
authority
for
a
metrpoolitan
area
of
local
government
as
contemplated
in
section
7(1)(b)(ii)
for
the
pr-einterim
phase,
and as
contemplated
in
section
8(1)(b)
for
the
interim
phase.
(vi)
-
- (2)
The
Administrator
may,
in
respect
of
the
province
forhwich
he
or
she is
appointed,
by
notice
in
the
Official
Gazett-e
-
- (a)
declare
any
person
who
or
institution
or
body
which
in
his
or
her opinion
performs
local
government
functions
in
respect
of
a particular
area;
-
- (b)
if
he
or
she
deems
it
in
the
interest
of
the
persons
residing
within the
area
of
jurisdiction
of
a
traditional
authority
as
contemplated
in
section
181
of
the
Constitution
of
the
Republic
of
South
Africa,
-
1993,
declare
such
traditional
authority,
to
be
a
local
government
-
body
for
the
purposes
of
this
Act.
- Inclusion
of
Self
governing
Territories
-
- 2.
The
provisions
of
this
Act
or
any
proclamation
or
regulation
made thereunder-
-
- (a)
shall,
notwithstanding
anything
to
the
contrary
contained
in
the
-
Self-governing
Territories
Constitution
Act,
1971
(Act
No.
21
of
1971),
-
be
of
force
and
effect
in
any
Sel-fgoverning
Territory;
-
- (b)
shall
be
construed
as
if
the
legislatiev
assembly
and
the
executive
government
of
any
Self-governing
Territory
do
not
have
legislative
and executive
powers
over
matters
dealt
with
in
this
Act
or
in
any
such
proclamation
or
regulation.
-
PART
II
-
- Provincial
Committee
for
Local
Government
-
- Establishment
of
Provincial
Committee
for
Local
Government
-
- 3.
(1)
(a)
The
Transitional
Executive
Council
shall
establish
for
each province
as
Contemplated
in
setcion
124
of
the
Constitution
of
the Republic
of
South
Africa,
1993,
a
committee
to
be
known
as
the Provincial
Committee
for
Local
Government,
which
shall
exercise
the powers
and
perform
the
duties
conferred
or
imposeudpon
it
by
this Act.
-
- (b)
For
as
long
as
the
Transitional
Executive
Council
is
in
existence, the
Committee
shall,
subject
to
the
provisions
of
this
Act,
be deemed
to
be
a
subcOmmittee
contemplated
in
sectnio7(1)(h)
of
the
Transitional
Executive
Council
Act,
1993
(Act
No.
151
of
1993).
-
- (c)
The
Committee
shall
be
disestablished
on
the
day
immediately
preceding
the
day
determined
in
terms
of
section
9(1)
of
this
Act.
-
- (2)
The
Committee
shall
be
broadly
representative
of
stakeholders
in
local
government
in
the
province
concerned
and
consist
of
not
more
than
six members
initially
appointed
by
the
Transitional
Executive
Council:
Provided
that-
-
- (a)
a
member
shall
have
knowledge
of
matters
concerning
local
government and
reside
within
the
province
concerned;
and
-
- (b)
not
more
than
one
representative
of
any
such
stakeholder
shall
be appointed
as
a
member
ofthe
Committee-
-
- (3)
The
Committee
shall
from
among
its
members
appoint
a
chairperson
and
a
vice-chairperson
and
other
office
bearers
either
on
a
permanent
or rotational
basis.
-
- (4)
When
the
chairperson
is
absent
or
unable
toperform
his
or
her functions
in
terms
of
this
section,
the
vic-echairperson
shall
act
in his
or
her
stead,
and
while
so
acting
he
or
she
may
exercise
all
the powers
and
shall
perform
all
the
duties
of
the
chairperson.
-
- (5)
(a)
A
member
of
the
Committee
shall
hold
office
as
a
member
during
the pleasure
of
the
Transitional
Executive
Council,
and,
at
the
establishment
of
a
provincial
government
for
the
province
concerned in
terms
of
the
Cnostitution
of
the
Republic
of
South
Africa,
1993, during
the
pleasure
of
the
Executive
Council
of
that
provincial
government.
-
- (b)
Any
vacancy
in
the
membership
of
the
Committee
shall
be
filled
by
a
-
person
appointed
by
the
Transitional
Executive
Council
in accordance
with
the
provisions
of
subsection
(2):
Provided
that
if any
vacancy
occurs
when
the
Transitional
Executive
Council
is
not in
existence,
it
shall
be
filled
yb
a
person
appointed
by
the Executive
Council
of
the
province
concerned:
Provided
further
that any
person
so
appointed
shall
have
knowledge
of
matters
concerning
local
government
and
shall
reside
within
the
provinceonccerned.
-
- (6)
Sections
2,
3,
4,
5
and
6
of
the
Commissions
Act,
1947
(Act
No.
8
of
-
1947),
shall
apply
mutatis
mutandis
to
the
Committee
in
so
far
as
they are
applicable
to
the
functions
of
the
Committee.
-
- (7)
(a)
Meetings
ofthe
Committee
shall
be
held
at
such
times
and
places
as the
chairperson
may
determine.
-
- (b)
A
decision
of
the
Committee
shall
be
taken
by
a
tw-tohirds
majority of
all
the
members
referred
to
in
subsection
(2).
-
- (c)
The
Committee
may
make
rules
in
relation
to
the
holding
of
and procedure
at
meetings
of
the
Committee.
-
(8)
(a)
The
conditions
of
service,
remuneration,
allowances
and
other benefits
of
members
of
the
Committee
shall
bedetermined
by
the
Administrator
with
the
concurrence
of
the
Minister
of
Finance.
-
- (b)
Any
member
of
the
Committee
who
receives
remuneration,
allowances
-
or
other
benefits
by
virtue
of
his
or
her
employment
by
or
position in
any
government
or
public
service
or
any
transitional
executive
structure
and
who
continues
to
receive
such
remuneration,
-
allowances
or
other
benefits
while
serving
on
the
Committee
shall not
receive
any
remuneration,
allowance
or
other
benefits
in
terms of
paragraph
(a),
except
to
the
extent
required
to
place
such member
in
the
position
in
which
he
or
she
would
have
been
were
it not
for
such
employment
or
positio.n
-
- (9)
(a)
The
Committee
may
appoint
one
or
more
subcommittees
consisting
of such
members
of
that
Committee
and
such
other
persons
as
the Committee
may
deem
fit,
to
serve
on
any
such
subcommittee
to
advise and
make
recommendations
in
writing
to
the
Committee
regarding
the exercise
of
any
power
or
the
performance
of
any
duty
conferred
or imposed
upon
the
Committee
by
this
Act,
subject
to
the
directions
of
the
Committee.
-
- (b)
Where
more
than
one
member
of
the
Committee
serves
on
a
subcommittee,
the
Committee
shall
designate
one
of
those
members
as chairperson
of
the
subcommittee,
but
where
only
one
member
of
the Committee
serveson
a
subcommittee,
such
a
member
shall
be
the
chairperson
thereof.
-
- (c)
The
provisions
of
subsections
(6),
(7)
and
(8)
shall
apply
mutatis
mutandis
in
relation
to
a
subcommittee
appointed
under
paragraph (a)
and
to
any
member
of
such
subcommittee.
-
- (10)
The
administrative
work
incidental
to
the
performance
of
the
functions of
the
Committee
shall
be
performed
by
officers
of
the
respective
provincial
administrations
designated
for
this
prupose
by
the
Director-General
concerned.
-
- Administrator
shall
act
with
concurrence
of
Committee
-
- 4.
(1)
Where
the
Administrator
is
required
to
exercise
any
power
or
perform any
duty
conferred
or
imposed
upon
him
or
her
yb
this
Act,
he
or
she shall
act
with
the
concurrence
of
the
Committee.
-
(2)
(a)
The
Administrator
shall
in
writing
notify
the
Committee
of
his
or her
intention
to
exercise
any
power
or
to
perform
any
duty
conferredor
imposed
upon
him
or
her
by
this
Act:
Provided
that such
notice
shall
set
out
the
views
of
the
Administrator
on
the matter.
-
- (b)
On
receipt
of
a
notice
referred
to
in
paragraph
(a),
a
meeting
of the
Committee
shall
be
held
as
soon
as
practicable
for
the
purpose of
furnishing
the
Administrator
with
the
written
decision
of
the Committee
in
regard
to
the
exercise
of
a
power
or
the
performance of
a
duty
referred
to
in
pargaraph
(a).
-
- (3)
(a)
Where
the
Administrator
and
the
Committee
do
not
concur
with
regard to
the
exercise
of
a
power
or
the
performance
of
a
duty
referred
to in
subsection
(2)(a),
the
Administrator
shall
refer
the
matter
to the
Special
Electoral
Court
established
by
section
32
of
the
Independent
Electoral
Commission
Act,
1993
(Act
No.
150
of
1993), for
decision,
and
may
only
proceed
to
exercise
such
power
or
-
perform
such
duty,as
the
case
may
be,
if
or
in
so
far
as
the
Special
Electoral
Court
authorizes
him
or
her
to
do
so.
-
- (b)
When
the
Administrator
refers
any
matter
to
the
Special
Electoral
Court
in
terms
of
paragraph
(a),
that
Court
shallas
soon
as practicable
consider
the
matter
and
give
its
decision,
having
due regard
to-
-
- (i)
the
views
expressed
on
the
matter
by
the
Administrator
in
his
or her
written
notice
to
the
Committee
refererd
to
in
subsection
(2)(a);
-
(ii)
the
decision
of
the
Committee
referred
to
in
subsection
(2)(b); (iii)
the
written
representations
of
any
local
government
body,
-
transitional
council
or
transitional
emtropolitan
substructure
which
may
be
affected
by
the
exercise
of
a
power
or
the
performance
of
a
duty
referred
to
in
subsection
(2)(a);
and
-
- (iv)
any
other
matter
considered
by
the
Special
Electoral
Court
to
be relevant
for
its
decision.
-
(c)
The Special
Electoral
Court
may make
such
findings
and give
such
instructions
or
directions
as
it
may
consider
appropriate
in
the
circumstances.
-
- (d)
The
findingsof
the
Special
Electoral
Court
shall
be
final
and binding
and
shall
not
be
subject
to
further
appeal.
-
PART
III
-
Exemption
from
certain
provisions
-
- Administrator
may
exemptcertain
local
government
bodies
from
certain
provisions
of
Act
-
- 5.
(1)
The
Administrator
may
in
writing
exempt
any
local
government
body
from the
provisions
of
Parts
IV
and
VI
of
this
Act
if
the
Administrator
is satisfied
that
such
local
government
body
is
no-nracial
and
inclusive
and
has
brought
about
stability
at
local
level
through
effective -
government,
orderly
financial
management
and
a
single
local
government
administration.
-
- (2)
From
the
date
of
an
exemption
granted
by
the
Administrator
as contemplated
in
subsection
(1-)
-
(a)
Parts
IV
and
VI
of
this
Act
shall
not
apply
to
an
exempted
local
government
body
referred
to
in
subsection
(1),
adnany
proclamation
issued
under
the
Interim
Measures
for
Local
Government
Act,
1991 (Act
No.
128
of
1991),
whereby
such
local
government
body
was
established,
shall,
subject
to
the
provisions
of
this
Act,
continue to
be
of
force
up
to
the
day
immediately
preceding
the
day determined
in
terms
of
section
9(1);
and
-
- (b)
the
provisions
of
section
16
of
this
Act
shall
apply
mutatis
mutandis
in
relation
to
such
local
government
body.
-
PART
IV
-
Pre-interim
phase:
Negotiating
forums
-
Recognition
and
establishment
of
forums
-
- 6.
The
Administrator
shall,
if
he
or
she
is
satisfied
on
a
balance
of probabilities
on
the
evidence
contained
in
a
written
application
made
to him
or
her
by
any
forum
established
before
or
after
the
commencement
of this
Act,
that
such
forum
has
been
established
substantially
in
accordance with
the
principles
and
procedures
contained
in
Schedule
1,
recognize
such forum,
whereupon
such
forum
shall
be
deemed
to
be
a
negotiating
forum
for the
purposes
of
this
Act.
-
Negotiating
matters
-
- 7.
(1)
Notwithstanding
anything
to
thecontrary
contained
in
any
other
law,
a negotiating
forum
shall-
-
- (a)
negotiate
with
regard
to
the
area
of
a
forum
as
contemplated
in paragraph
1
of
Schedule
1;
-
- (b)
subject
to
the
principles
and
procedures
embodied
inSchedule
1, negotiate
on
the
establishment
o-f
-
- (i)
any
transitional
local
council
for
a
no-nmetropolitan
area
of local
government;
-
- (ii)
any
transitional
metropolitan
council
with
transitional
metropolitan
substructures
for
a
metropolitan
area
of
local
government,
within
the
area
of
a
forum
by
a
proclamation
contemplated
in
section
10(1),
as
a
possible
option
for
the
-
pre-interim
period:
Provided
that
where
any
such
option
is
agreed upon,
the
following
matters
shall,
where
applicable,
also
be negotiated:
-
- (aa)
The
powers
and
duties
of
any
transitional
metropolitan
council
and
transitioanl
metropolitan
substructure
Provided
that-
-
- (aaa)
the
powers
and
duties
of
any
transitional
metropolitan
council
shall,
subject
to
section
126
of
the
Constitution
of
theRepublic
of
South
Africa,
1993,
and, in
the
case
of
the
functions
water
and
electricity,
unless
otherwise
determined
by
national
legislation,
be at
least
the
powers
and
duties
listedin
Schedule
2;
and
-
- (bbb)
any
transitional
metropolitan
council
may,
in
its
discretion,
decide
not
to
exercise
any
such
power
or perform
any
such
duty;
-
- (bb)
the
total
numberof
seats
in
a
transitional
local
council
or
transitional
metropolitan
council
and
a
transitional
-
metropolitan
substructure,
taking
the
number
of
existing
seats
of
all
local
government
bodies
withitnhe
area
of
the forum
as
a
point
of
departure;
-
- (cc)
the
nomination
of
persons
for
appointment
as
members
of
a
transitional
local
council
or
transitional
metropolitan
council
and
tranistional
metropolitan
substructur-e
-
- (c)
subject
to
the
principles
and
procedures
contained
in
Schedule
1,
- negotiate
on
the
establishment
of
a
local
government
-
- -cordinating
- matters
-
- committee
for
the
local
government
bodies
withinhte
area
of
the
forum
for
a
non-metropolitan
area
of
local
government
by
a
proclamation
contemplated
in
section
10(1),
as
a
possible
option
for
the
pre-interim
period,
having
certain
specified
powers
and
duties
with
the
individual
councils
of
the
local
government
bodies
-
retaining
all
other
powers
and
duties
within
their
areas
of
-
jurisdiction:
-
Provided
that
where
such
option
is
agreed
upon,
the
following
-
- shall
also
be
negotiated-
- (i)
The
powers
and
duties
of
the
local
government
-
- -cordinating
- committee:
Provided
that
the
powers
and
duties
of
any
local
government
co-ordinating
committee
shall
be
at
least
the following
powers
and
duties:
-
- (aa)
To
ensure
access
by
all
persons
residing
within
the
areas
of
jurisdiction
of
the
individual
local
government
bodies
to
the
following
services:
Water
supply,
sewreage
purification,
electricity
if
so
agreed
by
all
the
individual
local
government
bodies,
refuse
removal,
roads
and
stormwater
drainage,
health
services,
emergency
services,
financial
administration,
and
any
other
service
agreed
upon:
Provided
that
if
the
individual
local
government
bodies
do
not
have
-
the
ability,
jointly
or
severally,
to
ensure
access
to
electricity
themselevs,
the
local
government
co-ordinating
committee
shall
negotiate
for
such
access
thereto
to
be provided
on
its
behalf
by
any
other
competent
body:
Provided
further
that
any
such
arrangement
shall
notrelieve
the
local
government
co-ordinating
committee
of
its
responsibilities
as
contemplated
in
this
item;
-
- (bb)
the
approval
of
the
budget
for
the
local
government
-
co-ordinating
committee
in
respect
of
the
powers
and
duties
of the
local
government
c-oordinating
committee:
Provided
tha-t
-
- (aaa)
such
budget
shall
be
prepared
in
accordance
with
the
applicable
law;
-
- (bbb)
all
available
and
applicable
resources
shall
be
utilized on
an
efficient
and
equitable
basis;
- budget,
-
- (ccc)
such
budget
shall
at
least
include
an
amount
of
not
less than
ten
per
cent
of
the
ottal
assessment
rates
of
the individual
local
government
bodies
for
the
1993/94
-
- which
shall
be
employed
for
the
improvement
and restoration
of
such
services
as
identified
and
arnrgaed
in
order
of
priority
by
the
local
government
-
co-ordinating
committee;
and
-
- (ddd)
the
local
government
c-oordinating
committee
shall receive
intergovernmental
grantsas
well
as
funds
from
-
the
local
government
bodies
referred
to
in
paragraphs
(h)
- and
(i)
of
the
definition
of
local
government
body
to allocate
and
distribute
such
grants
and
funds
to
any
individual
local
government
body
to
address
service
and
developmental
backlogs
as
identified
and
arranged
in
- order
of
priority
by
the
local
government
committee;
-
- -cordinating
- (cc)
to
investigate
the
rationalization
of
the
administration
and personnel
of
the
individual
local
government
bodies
in
the area
of
the
forum
and,
subject
to
applicable
labour
law,
implement
a
programme
of
rationalization
to
be
completed
at the
commencement
of
the
interim
phas-e
- (ii)
the
total
number
of
seats
in
such
local
government
-
- -cordinating
- committee
and
the
representaiton
on
such
committee
of
the
local
government
bodies
within
the
area
of
the
forum
and
such
other persons
nominated
by
the
forum;
-
- (iii)
the
nomination
of
persons
for
appointment
as
members
of
such
local
government
co-ordinating
committee,
and
shall
submit
any
agreement
reached
to
the
Administrator
within
a
period
of
90
days
after
the
date
of
commencement
of
this
Act
or
within
such
-
extended
period
as
the
Admiinstrator
may
allow,
whereupon
the
-
Administrator
shall
exercise
the
powers
conferred
upon
him
or
her by
section
10(1)
incorporating
the
provisions
of
such
agreement
-
in
the
proclamation
contemplated
in
the
said
scetion.
-
- (2)
(a)
Where
an
agreement
as
contemplated
in
subsection
(1)
is
not submitted
to
the
Administrator
within
the
period
referred
to
in that
subsection,
or
within
such
extended
period
as
the
Administrator
may
allow,
the
Administrator
shall,
within
a
period of
30
days,
facilitate
a
process
of
independent
mediation,
the result
of
which
shall
be
referred
to
the
forum
for
a
decision.
-
- (b)
Where
the
forum
arrives
at
a
decision
atken
by
the
required
majority
contemplated
in
subsection
(3),
the
Administrator
shall exercise
the
powers
conferred
upon
him
or
her
by
section
10(l),
incorporating
the
provisions
of
such
decision
in
the
proclamation
contemplated
in
the
said
section.
-
- (c)
Where
the
forum
is
unable
to
arrive
at
a
decision
as
contemplated
in
paragraph
(b),
the
Administrator
shal-l
-
- (i)
in
the
case
of
any
local
government
body
in
the
area
otfhe
-
forum
concerned
which,
in
terms
of
Board
Notice
No.
127
of
1993 of
the
Board
on
the
Remuneration
and
Service
Benefits
of
Town Clerks,
as
published
in
Government
Gazette
No.
15250
of
12
-
November
1993,
is
classified
as
a
grade
8
local
authority
or
-
lower,
determine
that
the
option
referred
to
in
paragraph
(c)
of subsection
(1)
shall
be
applied
to
such
local
government
body; and
-
- (ii)
in
the
case
of
any
local
government
body
in
the
area
of
the forum
concerned
which,
in
terms
of
Board
Notice
No.
127
of
1993 of
the
Board
on
the
Remuneration
and
Service
Benefits
of
Town Clerks,
as
publishedin
Government
Gazette
No.
15250
of
12
-
November
1993,
is
classified
as
a
grade
9
local
authority
or higher,
determine
that
the
option
referred
to
in
paragraph
(b) or
(c)
of
subsection
(1)
shall
be
applied
tousch
local
government
body,
and
shall
exercise
the
powers
conferred
upon him
or
her
by
section
10(1),
incorporating
the
provisions
of
-
such
determination
in
the
proclamation
contemplated
in
the
said section.
(3)
Any
agreement
contemplated
in
subsection
(1)
shall
be
approved
and
any decision
contemplated
in
subsection
(2)
shall
be
taken
by
a concurrent
majority
of
two-thirds
of
both
the
statutory
and
no-nstatutory -
components
of
the
forum:
-
Provided
that
any
such
agreement
or
decision
relating
to
the application
of
the
option
referred
to
in
paragraph
(b)
of
subsection
-
(1)
to
any
local
government
body
within
the
area
of
the
forum
concerned
which,
in
terms
of
Board
Notice
No.
127
of
1993
of
the
Board
on
the
Remuneration
of
Service
Benefits
of
Town
Clerks,
as
published
in Government
Gazette
No.
15250
of
12
November
1993,
is
classified
as
a grade
8
local
authority
or
lower,
shall
only
be
approved
or
taken
by
a concurrent
majority
of
fou-rfifths
of
both
the
statutory
and
-
non-statutory
components
of
the
forum.
-
- (4)
For
the
purposes
of
this
section,
the
expressions
"statutory"
and
"non-statutory"
shall,
in
relation
to
a
forum,
bear
the
meaning
assigned
to
them
in
Schedule
1.
-
PART
V
-
Interim
Phase:
Transitional
Councils
-
- Delimitation
of
areas
of
jurisdictionand
establishment
of
transitional
councils
-
- 8.
(1)
A
transitional
council
for
which
elections
shall
be
held
as
provided for
in
section
9,
shall
be
known
a-s
-
- (a)
a
transitional
local
council
for
a
onn-metropolitan
area
of
local
government,
which
may
include
the
area
of
jurisdiction
of
a traditional
authority
contemplated
in
section
181
of
the
Constitution
of
the
Republic
of
South
Africa,
1993;
-
- (b)
a
transitional
metropolitan
council
with
transitional
metropolitan
substructures
for
a
metropolitan
area
of
local
government.
-
- (2)
After
due
consideration
o-f
-
- (a)
the
written
representations
of
any
transitional
council
or transitional
metropolitan
substructure
which
may
be
affected;
and
-
- (b)
the
advice
and
written
recommendations
of
the
Board, the
Administrator
shal-l
-
- (i)
delimit
the
areas
of
jurisdiction
of
transitional
councils
and
transitional
metropolitan
substructures;
-
- (ii)
determine
the
powers
and
duties
of
any
transitional
metropolitan
council
and
transitional
metropolitan
substructure:
Provided
-
that-
-
- (aa)
the
powers
and
duties
of
any
transitional
metropolitan
-
council
shall,
subject
to
section
126
of
the
Constitution
of
-
the
Republic
of
South
Africa,
1993,
and,
in
the
case
of
the functions
water
and
electriciyt,
unless
otherwise
determined by
national
legislation,
be
at
least
the
powers
and
duties listed
in
Schedule
2;
-
- (bb)
any
transitional
metropolitan
council
may,
at
its
discretion,
decide
not
to
exercise
any
such
power
or
perform
any
such duty;
-
- (iii)
determine
the
number
of
seats
in
a
transitional
local
council
or
transitional
metropolitan
council
and
transitional
-
metropolitan
substructure;
and
-
- (iv)
delimit
the
area
of
jurisdiction
of
any
transitional
local council
and
transitional
metropolitan
substructure
into
wards
in accordance
with
Schedule
3.
- (3)
After
making
a
delimitation
-
- nad
determination
contemplated
in
- subsection
(2),
the
Administrator
shall
exercise
the
powers
conferred upon
him
or
her
by
section
10(1)
incorporating
the
provisions
of
such
delimitation
and
determination
in
the
proclamation
conmtpelated
in
the said
section.
-
- Elections
for
transitional
councils
-
- 9.
(1)
Notwithstanding
anything
to
the
contrary
contained
in
any
law,
the
first
election,
after
the
commencement
of
this
Act,
of
the
members
of
any
transitional
council
and
any
transitional
metropolitan
substructure
in
the
province
concerned,
shall
take
place
on
a
day
determined
by
the Minister
by
notice
in
the
Gazette,
after
consultation
with
the respective
Administrators.
-
- (2)
Notwithstanding
anything
to
the
contrary
contained
in
any
law,
the
Administrator
may
by
proclamation
in
the
Official
Gazette(a)
make
regulations,
not
inconsistent
with
this
Act
and
the
Constitution
of
the Republic
of
South
Africa,
1993,
regardin-g
-
- (i)
the
determination
of
wards
and
polling
districts;
-
- (ii)
voters
and
voters'
lists,
including
the
determination
of
the
qualifications
of
voters;
- (iii)
members
of
transitionla
-
- councils
and
transitional
metropolitan
- substructures,
including
the
qualifications
and
terms
of
office
of members;
-
- (iv)
the
conducting
of
and
procedures
at
the
election; (v)
election
expenses;
(vi)
corrupt
and
illegal
practices
and
other
related
offences;
and -
- (vii)
any
other
matter
which
the
Administrator
may
deem
necessary
or expedient
to
prescribe
in
order
to
achieve
or
promote
the
objects
of this
section,
and
the
generlaity
of
this
provision
shall
not
be limited
by
the
preceding
subparagraphs
of
this
paragraph;
-
- (b)
declare
that
any
law
or
any
provision
of
any
law
pertaining
to
the election
of
members
of
any
local
government
body
in
theropvince
concerned
shall,
subject
to
the
adjustment
or
amendment
thereof
set out
in
that
proclamation,
for
the
purposes
of
an
election
referred to
in
subsection
(1),
apply
to
any
transitional
council
or
transitional
metropolitan
substructure
referred
to
in
subsection
(1).
-
- (3)
Regulations
made
under
subsection
(2)(a)
may
prescribe
penalties
for
a
contravention
thereof
or
a
failure
to
comply
therewith,
of
a
fine,
or
imprisonment
for
a
period
not
exceeding
two
years.
-
- (4)
Any
regulation
made
under
paragraph
(a)
of
subsection
(2)
and
any
declaration
contemplated
in
paragraph
(b)
of
that
subsection,
shall
be in
accordance
with
the
principles
contained
in
Shcedule
4.
-
PART
VI
Transitional
measures
for
both
pr-einterim
and
interim
phases
-
Powers
of
Administrator
- 10.
(1)
For
the
purposes
of
this
Act
the
Administrator
concerned
-
- ymain
respect
- of
the
area
of
jurisdiction
of
the
province
for
which
he
or
she
is appointed-
-
- (a)
by
proclamation
in
the
Official
Gazette,
make
enactments
not
inconsistent
with
this
Act
with
a
view
to
the
transitional
regulation
of
any
matter
relating
to
local
government;
-
- (b)
provide
in
any
such
enactment
for
the
amendment
or
repeal
of
any law,
including
any
Act
of
Parliament
or
the
legislative
assembly
of any
Self-governing
Territory,
in
so
far
as
it
relates
to
any
such matter
and
applies
in
the
province;
and
-
- (c)
provide
in
any
such
enactment
that
any
law,
including
any
Act
of Parliament
or
the
legislative
assembly
of
a
Sel-fgoverning
Territory,
or
any
provision
of
any
such
law,
pertaining
to
local
-
government
affairs
shall,
subject
to
the
adjustment
or
amendment
of
-
such
law
or
provision
as
he
or
she
may
make
in
such
enactment,
apply to
any
localgovernment
body,
transitional
council
or
transitional
metropolitan
substructure
referred
to
in
section
16,
or
to
any category
of
such
local
government
body,
transitional
council
or
transitional
metropolitan
substructure,and
he
or
she
may
make
different
such
enactments
in
respect
of
different
areas,
local
government
bodies,
transitional
councils
or
transitional
-
metropolitan
substructures.
-
- (2)
The
Administrator
may
in
like
manneramend
or
repeal
a
proclamation
made
under
subsection
(1).
-
- (3)
Without
derogating
from
the
generality
of
the
powers
conferred
by subsection
(1),
a
proclamation
contemplated
in
that
subsection
may provide
for-
-
- (a)
the
establishment,
under
a
name
set
out
in
the
proclamation
of
any
transitional
council
or
transitional
metropolitan
substructure;
-
- (b)
the
termination
of
the
terms
of
office
of
members
of
any
local
government
body
and
theappointment
of
persons
as
members
of
any
transitional
council
or
transitional
metropolitan
substructure;
-
- (c)
the
termination
of
the
terms
of
office
of
members
of
any
local
government
body,
transitional
council
or
transitinoal
metropOlitan
substructure
and
the
appointment
of
one
or
more
persons
or
any
body to
manage
and
control
the
affairs
of
such
local
government
body,
transitional
council
or
transitional
metropolitan
substructure,
and on
behalf
of
such
local
government
body,
transitional
council
or
transitional
metropolitan
substructure
to
exercise
and
perform
the powers
and
duties,
rights
and
obligations
of
such
local
government
body,
transitional
council
or
transitional
metropolitan
-
substructure-
-
- (d)
the
application
to
any
such
local
government
body,
transitional
council
or
transitional
metropolitan
substructure
of
any
law
which in
the
opinion
of
the
Administrator
relates
to
local
authorities
or
-
local
authority
matters
to
the
extent
stated
in
the
proclamation,
or the
regulation
with
reference
to
any
such
local
government
body,
transitional
council
or
transitioanl
metropolitan
substructure
of
-
any
matter
contained
in
any
such
law;
-
- (e)
the
suspension
of
or
exemption
from
any
provision
of
any
law
which
- relates
to
the
establishment,
dissolution
or
combination
of
local
government
bodies,
or
the
determination
or
alteration
of
the
areas or
regions
thereof;
-
- (f)
the
dissolution
of
any
local
government
body,
includi-ng
-
- (i)
the
transfer
or
admission
of
persons
to
or
in
the
service
of
any
transitional
council
or
transitional
metropolitan
substructure,
subject
to-
-
- (aa)
conditions
not
less
favourable
than
those
under
which
they serve;
and
-
- (bb)
applicable
labour
law;
-
- (ii)
the
winding-up
or
transfer
of
the
assets,
liabilities,
rights
and obligations
of
any
local
government
body,
including
the protection
of
such
assets
from
attachment
and
sale
in
execution; and
-
- (iii)
the
continued
application
of
the
resolutions,
b-ylaws
or regulations
of
such
local
government
body;
-
- (g)
the
delimitation
of
the
area
of
jurisdiction
of
any
local
government
body,
transitional
council
or
tranistional
metropolitan
substructure
into
wards;
-
- (h)
the
disestablishment
of
any
local
government
body
referred
to
in paragraph
(h)
or
(i)
of
the
definition
of
local
government
body
and the
establishment
of
a
trasnitional
metropolitan
council
with
transitional
metropolitan
substructures
for
a
metropolitan
area
of local
government,
including
the
delimitation
of
such
an
area,
and the
constitution,
functioning,
powers,
duties,
assest,
rights,
employees
and
financing
of
such
transitional
metropolitan
council and
transitional
metropolitan
substructures:
Provided
th-at
-
- (i)
the
powers
and
duties
of
any
transitional
metropolitan
council shall,
subject
to
section
126
of
the
Constitution
of
the
Republic of
South
Africa,
1993,
and,
in
the
case
of
the
functions
water
-
and
electricity,
unless
otherwise
determined
by
national
legislation,
be
at
leastthe
powers
and
duties
listed
in
Schedule
-
2;
-
- (ii)
any
transitional
metropolitan
council
may,
at
its
discretion,
decide
not
to
exercise
any
such
power
or
perform
any
such
duty; and
-
- (iii)
such
transitional
metropolitan
council
shall
have
the
power
to levy
and
claim
the
regional
services
levy
and
the
regional
establishment
levy
referred
to
in
section
12(1)(a)
of
the Regional
Services
Councils
Act,
1895
(Act
No.
109
of
1985),
or section
16(1)(a)
of
the
KwaZulu
and
Natal
Joint
Services
Act,
-
1990
(Act
No.
84
of
1990),
as
the
case
may
be,
which
the
-
disestablished
local
government
body
referred
to
in
paragraphh)(
or
(i)
of
the
definition
of
local
government
body
would,
but
for its
disestablishment,
have
levied
and
claimed;
-
- (i)
the
disestablishment
of
any
local
government
body
referred
to
in paragraph
(h)
or
(i)of
the
definition
of
local
government
body
and the
establishment
of
a
body
to
be
known
as
a
services
council,
-
sub-regional
council
or
district
council
to
jointly
exercise
the
-
powers
and
perform
the
duties
in
relation
tocertain
local
-
government
functions
for
a
nonmetropolitan
area
of
local
government
- by
transitional
local
councils,
local
government
-
- -cordinating
- committees
or
local
government
bodies
within
such
areas,
including the
delimitation
of
such
an
area
after
due
consideration
of
the advice
and
written
recommendations
of
the
Board,
and
the
constitution,
functioning,
powers,
duties,
assets,
rights,
employees and
financing
of
such
boyd:
Provided
that
such
services
council,
-
sub-regional
council
or
district
council
shall
have
the
power
to
-
levy
and
claim
the
regional
services
levy
and
the
regional
- establishment
levy
referred
to
in
section
12(1)(a)
of
-
- ethRegional
- Services
Councils
Act,
1985,
or
section
16(1)(a)
of
the
KwaZulu
and Natal
Joint
Services
Act,
1990,
as
the
case
may
be,
which
the
disestablished
local
government
body
referred
to
in
paragraph
(h)
or (i)
of
the
definition
of
local
government
body
would,
but
for
its
disestablishment,
have
levied
and
claimed;
-
- (j)
the
protection
of
the
rights
and
benefits,
including
the
remuneration,
allowances
and
pension
benefits,
ofemployees
of
a local
government
body,
subject
to
applicable
labour
law
and
due
consultation
between
employer
and
employee
bodies.
-
PART
VII
-
Local
Government
Demarcation
oBards
-
Establishment
of
Local
Government
Demarcation
Boards
-
- 11.
(1)
There
is
hereby
established
for
each
province
as
contemplated
in section
124
of
the
Constitution
of
the
Republic
of
South
Africa,
1993, a
board
to
be
known
as
the
Local
Government
Demarcation
Board.
-
- (2)
The
Board
shall
consist
of
such
number
of
members
as
may
from
time
to time
be
determined
and
appointed
by
the
Administrator
in
accordance
with
the
criteria
listed
in
Schedule
5.
-
- (3)
The
Administrator
shall
designate
a
member
of
the
Board
as
chairperson
and
another
member
as
vic-echairperson.
-
- (4)
When
the
chairperson
is
absent
or
unable
to
perform
his
or
her functions
in
terms
of
this
section
or
if
noperson
has
been
designated as
chairperson,
the
vic-echairperson
shall
act
as
chairperson,
and
-
while
so
acting
he
or
she
may
exercise
all
the
powers
and
shall
perform all
the
duties
of
the
chairperson.
-
- (5)
A
member
of
the
Board
shall
hold
office
as
a
member,
and
a
member
designated
as
chairperson
or
vic-echairperson
shall
hold
office
as chairperson
or
vice-chairperson,
during
the
pleasure
of
the
Administrator.
- (6)
(a)
Notwithstanding
anythign
-
- to
the
contrary
contained
in
any
law,
the
- Board
shall
at
the
request
of
the
Administrator
investigate
and make
recommendations
in
writing
to
him
or
her
regarding
any
demarcation,
redemarcation
or
withdrawal
of
theedmarcation
of
any area
pertaining
to
local
government
affairs,
including
the
area
of any
negotiating
forum
and
the
area
of
jurisdiction
of
any
local
government
body,
transitional
council
or
transitional
metropolitan
substructure
and
the
delimitation
of
wards
within
the
area
of
jurisdiction
of
any
local
government
body,
transitional
council
or
transitional
metropolitan
substructure.
-
- (b)
When
the
Board
makes
recommendatinos
to
the
Administrator
as
contemplated
in
paragraph
(a),
it
shall
do
so
within
a
reasonable
time
after
having
been
requested
to
do
so
and
take
into
account
the criteria
listed
in
Schedule
6.
- (7)
Sections
2,
3,
4,
5
and
6
of
the
Commissions
Act,
1947
(Act
No.
8 of
-
1947),
shall
apply
mutatis
mutandis
to
the
Board
in
so
far
as
they
-
are
applicable
to
the
functions
of
the
Board.
-
- (8)
(a)
Meetings
of
the
Board
shall
be
held
at
suchtimes
and
places
as
the
chairperson
may
determine.
-
- (b)
The
majority
of
the
members
of
the
Board
shall
form
a
quorum
for
a meeting.
-
- (c)
The
decision
of
the
majority
of
the
members
of
the
Board
present
at any
meeting
thereof,
shall
be
a
decision
of
the
Board:
Provided
-
that
in
the
event
of
an
equality
of
votes
the
chairperson
shall have
a
casting
vote
in
addition
to
his
or
her
deliberative
vote.
-
- (d)
The
Board
maymake
rules
in
relation
to
the
holding
of
and procedure
at
meetings
of
the
Board.
-
- (9)
The
provisions
of
section
3(8)
shall
apply
mutatis
mutandis
in
relation to
the
remuneration,
allowances
and
other
benefits
of
a
member
of
the Board-
-
- (10)
(a)
The
Board
may
appoint
one
or
more
committees
consisting
of
such members
of
the
Board
and
such
other
persons
as
the
Board
may
deem fit
to
serve
on
any
such
committee
to
investigate
any
matter
referred
to
in
subsection
(6)
(a)
-
- (b)
Where
more
than
one
member
of
the
Board
serves
on
a
committee,
the Board
shall
designate
one
of
those
members
as
chairperson
of
the committee,
but
where
only
one
member
of
theBoard
serves
on
a committee
such
member
shall
be
the
chairperson
thereof.
-
- (c)
A
committee
appointed
under
paragraph
(a),
shall
for
the
purposes of
any
such
investigation
exercise
all
the
powers
conferred
and perform
all
the
duties
imposed
upon
the
Board
in
respect
of
any such
investigation.
-
- (d)
A
committee
appointed
under
this
subsection
shall
submit
to
the Board
a
written
report
in
respect
of
any
investigation
by
it
in regard
to
any
matter
which
the
Board
is
in
terms
of
subsection
(6) required
to
investigate,
and
the
Board
may
thereupon
act
in
regard to
that
matter
as
if
the
Board
had
itself
conducted
such
investigation.
-
- (e)
The
provisions
of
subsections
(7),
(8)
and
(9)
shall
apply
mutatis
mutandis
in
relation
to
a
committee
appointed
under
paragraph
(a) and
to
any
member
of
such
committee.
-
- (11)
The
administrative
work
incidenatl
to
the
performance
of
the
functions of
the
Board
shall
be
performed
by
officers
of
the
respective
provincial
administrations
designated
for
such
purpose
by
the
-
Director-General
concerned-
-
- PART
VIII
General
Regulations
-
- 12.
The
Minister
may,
after
consultation
with
the
Administrator,
make regulations
concerning
any
matter
referred
to
in
this
Act
which
in
hisr
o her
opinion
are
necessary
or
expedient
for
the
effective
carrying
out
or furtheranCe
of
the
provisions
and
objects
of
this
Act.
-
Repeal
of
Act
102
of
1982,
and
transitional
measures
-
- 13.
(1)
Subject
to
the
provisions
of
this
scetion
the
Black
Local
Authorities
-
Act,
1982
(Act
No.
102
of
1982),
is
hereby
repealed.
-
- (2)
Where
the
Administrator
has
in
terms
of
section
8
of
the
Local Authority
Affairs
Amendment
Act,
1991
(Act
No.
127
of
1991),
declared
certain
provisions
of
the
Black
Local
Authorities
Act,
1982,
applicable to
any
other
local
authority
or
committee
contemplated
in
that
section, such
provisions
shall
form
part
of
the
law
applying
to
such
local authority
or
committee
-
- (3)
Notwithstanding
the
provisions
of
subsection
(1),
any
council
or committee
established
under
the
provisions
of
the
Black
Local
Authorities
Act,
1982,
shall
continue
to
exist
subject
to
the provisions
of
this
Act,and
shall
be
deemed
to
be
an
institution
or
-
body
contemplated
in
section
84(1)(f)
of
the
Provincial
Government
Act
-
(Act
No.
32
of
1961).
-
- (4)
The
provisions
of
any
law
applying
to
local
authorities
in
the
province
concerned
shall,
subject
to
the
provisions
of
a
proclamation
contemplated
in
section
10(1),
apply
mutatis
mutandis
to
any
local
government
body
referred
to
in
paragraph
(b)
of
the
definition
of
local
government
body.
-
- (5)
Any
resolution,
by-law
or
regulation
of
a
local
government
body referred
to
in
subsection
(4),
shall
continue
to
be
of
force
until amended
or
repealed
by
a
proclamation
contemplated
in
section
10(1)
or by
a
resolution,
by-law
or
regulation
of
a
transitional
council
or transitional
metropolitan
substructure.
-
- (6)
(a)
The
Administrator
may
by
notice
in
the
Official
Gazette
define
for the
purposes
of
this
subsection
an
area
outside
the
area
of
a
local
government
body
referred
to
in
paragraph
(b)
of
the
definition
of local
government
body,
and
exercise
in
such
area
the
powers
conferred
upon
a
local
authority
in
a
local
authority
area
under
-
the
laws
applicable
to
loacl
authorities
in
the
province
concerned.
-
- (b)
An
area
defined
by
the
Administrator
in
terms
of
section
2(11)
of the
Black
Local
Authorities
Act,
1982,
and
an
area
deemed
to
be
so defined
in
terms
of
section
2(12)
of
thta
Act,
shall,
subject
to
-
the
provisions
of
this
Act,
be
deemed
to
be
an
area
defined
in
-
terms
of
paragraph
(a)
of
this
subsection.
-
- (c)
Any
reference
in
any
law,
including
this
Act,
to
a
local
government
body
referred
to
in
paragraph
(b)
of
the
definition
of
local
government
body
shall
be
deemed,
in
respect
of
an
area
referred
to in
paragraph
(a)
of
this
subsection,
also
to
be
a
reference
to
the
Administrator
of
the
proivnce
concerned.
-
- Repeal
of
Act
128
of
1991
and
sections
28
and
29
of
Act
134
of
1992,
and
transitional
measures
-
- 14.
(1)
Subject
to
the
provisions
of
subsection
(2),
the
Interim
Measures
for Local
Government
Act,1991
(Act
No.
128
of
1991),
and
sections
28
and
29 of
the
Provincial
and
Local
Authority
Affairs
Amendment
Act,
1992
(Act No.
134
of
1992),
are
hereby
repealed.
-
- (2)
Notwithstanding
the
provisions
of
subsection
(1),
any
proclamaotni
issued
under
the
Interim
Measures
for
Local
Government
Act,1991,
in
connection
with
any
matter
referred
to
in
section
8
of
that
Act,
shall,
subject
to
the
provisions
of
this
Act,
continue
to
be
of
force
until
amended
or
repealed
by
a
proclamation
contemplated
in
section
10(1)
of
-
this
Act.
-
Repeal
of
other
laws,
and
transitional
measures
-
15.
(1)
(a)
Subject
to
the
provisions
of
paragraph
(b),
the
Regulations
for
the
-
Administration
and
Control
of
Certain
Urban
Areas
in
Natal,
-
1982(proclamation
No.
86
of
1982),
and
the
Regulations
for
the
Administration
and
Control
of
Certain
Urban
Areas
in
Natal,
1983
(Proclamation
No.
67
of
1983),
are
hereyb
repealed.
-
- (b)
Notwithstanding
the
provisions
of
paragraph
(a),
any
council
or committee
established
under
the
provisions
of
the
laws
referred
to in
paragraph
(a),
shall
continue
to
exist
subject
to
the
provisions of
this
Act,
and
shall
be
deemed
to
be
an
institution
or
body
contemplated
in
section
84(1)(f)
of
the
Provincial
Government
Act
-
1961,
(Act
No.
32
of
1961).
-
- (2)
The
provisions
of
any
law
applying
to
local
authoritsiein
the
province
concerned
shall,
subject
to
the
provisions
of
a
proclamation
contemplated
in
section
10(1),
apply
mutatis
mutandis
to
any
body performing
local
government
functions
under
the
laws
referred
to
in subsection
(l)(a).
-
- (3)
Any
resolution,
by-law
or
regulation
of
a
body
referred
to
in
-
subsection
(2),
shall
continue
to
be
of
force
until
amended
or
repealed by
a
proclamation
contemplated
in
section
10(1)
or
by
a
resolution,
-
by-law
or
regulation
of
a
transitional
council
or
transitional
metropolitan
substructure.
-
- (4)
(a)
Subject
to
the
provisions
of
paragraph
(b),
the
Regulations
Governing
the
Administration
and
Control
of
the
Areas
Clermont
and Edendale,
1974
(Proclamation
No.
163
of
1974),
and
the
Regulations
for
Local
Authorities,
1988
(Government
Notice
No.
405
of
1988), are
hereby
repealed.
- (b)
Any
area
in
respect
of
which
the
laws
referred
to
in
-
- rpagraph
(a)
- applied
immediately
before
the
commencement
of
this
Act,
shall,
subject
to
the
provisions
of
this
Act,
be
deemed
to
be
a
defined area
referred
to
in
section
13(6)(a)-
-
Transtiional
provisions
-
- 16.
(1)
Any
transitional
council
or
transitional
metropolitan
substructure
established
by
a
proclamation
contemplated
in
section
10(1),
shall
be deemed
to
be
an
institution
or
body
contemplated
in
section
84(1)(f)
of the
Provincial
Government
Act,
1961
(Act
No.
32
of
1961).
-
- (2)
Subject
to
the
provisions
of
this
Act
and
any
proclamation
issued
thereunder,
the
provisions
of
the
laws
applying
to
local
authorities
in the
province
concernedshall
mutatis
mutandis
apply
to
any
transitional
council
or
transitional
metropolitan
substructure
referred
to
in subsection
(1).
-
- (3)
Any
reference
in
any
law
to
a
local
authority
shall,
unless
clearly
inappropriate,
be
deemed
also
to
be
a
reference
to
any
transitional
council
or
transitional
metropolitan
substructure
referred
to
in subsection
(1).
-
- (4)
Any
Bill
of
a
competent
legislature
which
affects
the
status,
boundaries,
powers,
dutiesor
structure
of
any
transitional
council
or
transitional
metropolitan
substructure
referred
to
in
subsection
(1), shall
only
be
introduced
after
consultation
with
organized
local
government
and
the
transitional
council
or
transtiional
metropolitan
substructure
concerned.
- (5)
Notwithstanding
anything
to
the
contrary
in
any
law
contain-ed
-
- (a)
any
resolution
of
any
transitional
council
or
transitional
metropolitan
substructure
referred
to
in
susbection
(1)
pertaining to
the
budget
of
such
transitional
council
or
transitional
metropolitan
substrutcture
shall
be
taken
by
a
tw-othirds
majority
-
of
the
members
of
such
council
or
substructure,
and
any
resolution
-
of
any
transitional
council
or
transitional
metropolitan
substructure
pertaining
to
town
planning
shall
be
taken
by
a majority
of
the
members
of
such
council
or
substructure:
Provided
that
any
such
transitional
ocuncil
or
transitional
metropolitan
substructure
may
delegate
the
power
to
take
any
-
decision
on
any
matter
pertaining
to
town
planning
to
the
committee
referred
to
in
subsection
(6)
or
to
any
other
committee
appointed for
this
purpose;
and
-
- (b)
if
such
transitional
council
or
transitional
metropolitan
substructure-
-
- (i)
on
the
last
day
of
June
in
any
financial
year
has
failed
to approve
a
budget
for
the
subsequent
fniancial
year;
or
-
- (ii)
on
the
last
day
of
April
in
any
financial
year
has
failed
to
take steps
to
prepare
a
budget
for
the
subsequent
financial
year,
the
Administrator
may
exercise
any
power
or
perform
any
duty
confeerdr
or
imposed
upon
such
transitional
council
or
transitional
-
metropolitan
substructure
by
this
Act
or
any
other
law
in
relation
-
to
the
approval
or
preparation
of
a
budget,
as
the
case
may
be.
-
- (6)
Notwithstanding
anything
to
the
contrary
in
any
law
contained,
a transitional
council
or
transitional
metropolitan
substructure
referred to
in
subsection
(1)
shall
elect
according
to
a
system
of
proportional
representation
from
among
its
mmebers
an
executive
committee
to
-
exercise
such
powers
and
perform
such
duties
as
such
transitional
council
or
transitional
metropolitan
substructure
may
determine:
Provided
that-
-
- (a)
the
transitional
council
or
transitinoal
metropolitan
substructure
shall
determine
the
system
of
proportional
representation
and
the number
of
members
of
and
the
quorum
for
the
executive
committee;
-
- (b)
the
executive
committee
shall
endeavour
to
exercise
itsowpers
and perform
its
duties
on
the
basis
of
consensus;
and
-
(c)
if
consensus
on
any
matter
cannot
be
achieved,
such
matter
may be
decided
by
the
committee
by
resolution
of
a
majority
-
of
at
least
two-thirds
of
its
members,
or
the
committee
-
may,
if
a
majority
of
the
committee
so
decides,
submit
a
report
and
-
recommendation
on
the
matter
to
the
transitional
council
or transitional
metropolitan
substructure
for
a
decision.
-
- (7)
Any
member
of
any
transitional
council
or
transitional
metropolitan
substructure
referred
to
in
subsection
(1)
shall
be
guilty
of misconduct
if
he
or
she
contravenes
or
fails
to
comply
with
any provision
of
the
Code
of
Conduct
for
Councillors
contained
in
Schedule
-
7,
and
his
or
her
membership
may,
on
application
by
the
transitional
-
council
or
transitional
metropolitan
substructure
concerned
or
any member
of
such
transitional
council
or
transtiional
metropolitan
substructure,
be
terminated
by
any
Provincial
Division
of
the
Supreme Court
within
the
area
of
jurisdiction
of
which
such
transitional
council
or
transitional
metropolitan
substructure
is
situated.
-
Short
title
-
17.
This
Act
shall
be
called
the
Local
Government
Transition
Act,
1993.
-
SCHEDULE
1
-
Principles
and
procedures
referred
to
in
section
6
-
Area
of
forum
-
- 1.
(1)
Subject
to
the
provisions
of
this
Act,
a
forum
shall
be
established
for each
economically
and
historically
bound
area,
ranging
from
a
-
stand-alone
town
with
or
without
satellites
to
a
complex
metropolis.
-
- (2)
Criteria
for
the
establishment
of
a
forum
include
commercial
and industrial
linkage,
daily
commuting
patterns,
provision
of
services within
the
area,
and
the
areas
of
jurisdiction
of
local
government
bodies,
including
areas
of
jurisdiction
of
such
local
government
bodies existing
before
1971,
if
any.
-
- 2.
(1)
Where
a
negotiating
forum
is
not
recognized
by
the
Administrator
as contemplated
in
section
6
of
this
Act,
the
Administrator
may
determine the
area
of
a
forum
and
submit
it
to
the
town
clerks
of
the
local
government
bodies
falling
within
the
area
of
such
forum.
-
- (2)
In
determining
the
area
of
a
forum,
the
Administrator
shall
take
into
consideration
the
criteria
reefrred
to
in
paragraph
1(2),
includin-g
-
- (a)
the
area
of
any
existing
forum;
-
- (b)
the
area
of
jurisdiction
of
any
body
or
authority
referred
to
in paragraph
(j)
of
the
definition
of
local
government
body
in
section
-
1(1)
of
this
Act.
-
- (3)
Upon
receipt
of
a
submission
contemplated
in
subparagraph
(1),
the
town clerks
concerned
shal-l
-
- (a)
arrange
an
inaugural
meeting
of
the
forum
with
all
potential
members and
observers
contemplatedin
paragraph
3:
Provided
that
the
Administrator
may
nominate
a
town
clerk
to
arrange
such
meeting;
and
-
(b)
submit
the
submission
to
their
respective
councils
for
information. (4)
Within
30
days
after
receipt
of
a
submission
cotnemplated
in
-
subparagraph
(1),
the
forum
shall
either
confirm
the
area
of
the
forum
-
determined
by
the
Administrator,
or,
subject
to
the
provisions
of paragraph
1(2),
propose
a
new
area
for
the
forum
and
submit
such
-
- (a)
confirm
the
proposed
area;
or
-
- (b)
refer
the
matter
to
the
Board
established
in
terms
of
section
11(1) of
this
Act
to
investigate
the
matter
and
make
written
recommendations
to
him
or
her
as
contemplated
in
section
11(6)
of this
Act.
-
- (5)
The
decision
of
the
Administrato-r
-
- (a)
to
confirm
the
proposed
area
of
the
forum
as
contemplated
in
subparagraph
(4)(a);
or
-
- (b)
to
require
written
recommendations
of
the
Board
as
contempladtein
subparagraph
(4)
(b),
shall
be
final
and
binding
on
the
forum.
-
Membership
of
forum
-
- 3.
(1)
Membership
of
a
forum
shall
be
in
accordance
with
the
principle
of
-
inclusivity
and
representativity:
Porvided
that
the
process
shall continue
despite
the
refusal
or
failure
of
any
person,
body
or organization
to
participate
in
any
such
forum.
-
- (2)
Observers,
who
or
which
shall
be
entitled
to
attend
and
to
participate
fully
in
forum
meetings,
without
the
right
to
vote,
may
be
appointed
to a
forum.
-
- (3)
To
qualify
for
membership
or
observer
status,
any
prospective
member
or observer
shall,
where
applicable,
submit
in
writing
to
the
forum
its
constitution,
a
list
of
office-bearers
and
details
of
activities
and membership
as
contemplated
in
subparagraph
(4).
-
- (4)
(a)
Membership
of
a
forum
shall
be
available
t-o
-
- (i)
members
of
local
government
bodies;
-
- (ii)
persons
representing
local
organizations
which
are
representative
of
substantial
sectors
of
the
wider
community
having
a
vested
interest
in
the
political
restructuring
of local
government,
including
civicassociations,
residents'
associations
and
the
local
structures
of
political
parties.
-
- (b)
Bodies
such
as
local
chambers
of
commerce
and
industry,
the
Development
Bank
of
Southern
Africa
and
supplier
bodies
cshu
as Eskom
and
Water
Boards,
may
have
observer
status.
-
- (5)
Members
of
the
forum
shall
be
required
to
indicate
whether
they
are
to be
regarded
as
part
o-f
-
- (a)
the
statutory
component,
comprising
members
of
the
esxtiing
local
government
bodies
and
persons
representing
bodies
or
organizations
approved
by
the
forum
as
being
part
of
such
component;
or
-
- (b)
the
non-statutory
component,
comprising
persons
representing
any other
bodies
or
organizations
not
contemplated
in
item
(a)
having
a vested
interest
in
the
political
restructuring
of
local
government and
approved
by
the
forum
as
being
part
of
such
component.
-
- (6)
If
the
forum
fails
to
reach
agerement
on
whether
a
member
is
to
be regarded
as
part
of
the
statutory
or
no-nstatutory
components
contemplated in
items
(a)
and
(b)
of
subparagraph
(5),
the
forum
shall refer
the
matter
to
the
Administrator
for
a
final
decisionw,hich
shall be
binding
on
the
forum.
-
Negotiating
matters
and
objectives
-
- 4.
(1)
A
forum
shall
negotiate
on
the
matters
referred
to
in
section
7(1)
-
of
this
Act.
-
- (2)
A
forum
may
generally,
as
local
circumtsances
dictate,
explore
and propose
short,
medium
and
long
term
practical
solutions
to
the
problems of
local
government
in
the
area
of
such
forum
to
be
submitted
to
the
Administrator
for
consideration.
-
Nomination
by
forum
of
persons
for
appointment
as
members
of
transitional
councils -
- 5.
(1)
For
the
purposes
of
negotiating
the
nomination
of
members
of
a transitional
council
and
transitional
metropolitan
substructure
as contemplated
in
section
7(1)(b)
and
(c)
of
this
Act,
the
statutory
and the
non-statutory
components
of
the
forum
shall
each
complete
a
list
of potential
candidates,
whereupon
a
representative
committee
comprising
members
from
each
component
shall
meet
to
attempt
to
reach
consensus
on
-
the
persons
to
be
nominated
by
the
forum
for
appointment
as
members
of any
transitional
council
and
transitional
metropolitan
substructure:
Provided
that
at
least
half
thepersons
nominated
should
be
acceptable to
the
statutory
component
and
at
least
half
to
the
no-sntatutory
component:
Provided
further
that
a
list
of
additional
candidates
in order
of
preference,
shall
be
submitted
by
the
statutoraynd
-
non-statutory
components
to
facilitate
the
filling
of
any
vacancy
which may
occur.
-
- (2)
(a)
One
half
of
the
nominations
shall
include
members
of
the
local
government
bodies
concerned
and
shall
comprise
equitably
iwgehted
representation
of
the
local
government
bodies
concerned
which
shall not
disturb
the
pre-existing
relationships
within
and
between
those local
government
bodies.
-
- (b)
The
other
half
of
the
nominationsshall
comprise
equitable
representation
of
all
those
sectors
of
society
which
in
the
past did
not
participate
in
the
electoral
process
in
the
area
of
that forum.
-
- (3)
Any
person
nominated
as
a
member
of
any
trasnitional
council
or transitional
metropolitan
substructure
shall
meet
the
qualifications
of a
member
of
one
of
the
participating
local
government
bodies.
-
- (4)
Lists
of
persons
nominated
as
members
of
a
transitional
council
or transitional
metropolitan
substructure
by
the
forum
shall
be
submitted to
the
Administrator
as
part
of
an
agreement
contemplated
in
section
-
7(1)
of
this
Act.
-
- (5)
If
the
forum
fails
to
reach
agreement
on
the
nomination
of
personass
contemplated
in
subparagraph
(21,
the
forum
shall
refer
the
matter
to the
Administrator,
who
may
appoint
a
mediator
or
mediators
to
assist the
forum
to
reach
consensus.
-
Secretarial
services
-
- 6.
(1)
The
forum
shall
appoint
a
secretariat
to
provide
secretarial
services.
-
- (2)
The
local
government
bodies
concerned
shall
be
jointly
and
severally
responsible
for
the
expenses
incurred
by
the
secretariat.
-
- (3)
The
secretariat
shall
submit
certified
copies
of
all
resolutions
passed by
the
forum
pertaining
to
matters
referred
to
in
section
7(1)(a)
to (c)
of
this
Act
to
the
Administrator.
-
Procedures
at
meetings
of
forum
-
- 7.
The
standard
rules
of
procedure
contained
in
the
Annexure
may
be
adopted
by each
forum
as
its
rules
of
procedure
at
meetings.
-
ANNEXURE
TO
SCHEDULE
1
-
Standard
rules
of
order
for
forum
-
Chairperson
-
- 1.
(1)
The
inaugural
meeting
of
a
forum
shall
be
convened
by
a
person
nominated
by
the
Administrator
for
that
purpose.
-
- (2)
At
its
first
meeting
the
forum
shall
designate
a
chairperson
or
-
co-chairpersons,
who
need
not
be
members
of
the
forum:
Provided
that
-
any
reference
in
this
annexure
to
the
chairperson
shall
also
be
deemed
-
to
be
a
reference
to
the
c-ochairpersons.
-
(3)
A chairperson
may
for
sufficient
reasons
be
remvoed
from
office
by
the forum
by
a vote
of
no
confidence,
and
if
a chairperson
is
so
removed from
office,
another
person
shall
be
designated
in
his
or
her
place.
-
- (4)
Whenever
both
the
chairperson
and
the
c-ochairpersons
are
for
any reason
absent
or
unable
to
act
at
a
meeting,
the
forum
shall
by
-
majority
of
the
members
present
at
the
meeting,
designate
a
person
from among
its
members
to
take
the
chair
at
that
meeting.
-
Metings
-
- 2.
(1)
Members
and
observers
may
be
accompanied
by
officials
and
advisers
to meetings
of
the
forum,
hereinafter
referred
to
as
"participants",
and such
persons
may
with
the
consent
of
the
chairperson
participate
in
the
proceedings,
without
having
the
right
to
vote.
-
- (2)
Meetings
of
the
forum
shall
be
open
to
the
media
and
the
public,
unless the
forum
in
respect
of
a
particular
occasion
otherwise
decides.
-
- (3)
If
negotiations
on
any
matter
are
contepmlated,
any
member
may
request that
the
meeting
go
into
committee
and,
if
the
forum
so
agrees,
the meeting
shall
comply.
-
- (4)
The
agenda
for
any
meeting
of
the
forum
may
be
made
available
to
the public
or
the
media
before
orat
that
meeting,
but
the
secretariat
may at
its
discretion
withhold
any
particular
document
from
the
press
and
-
the
public
unless
otherwise
directed
by
the
chairperson
or
the
meeting.
-
- (5)
The
forum
shall,
from
time
to
time,
set
a
progarmme
of
dates,
times
and venues
for
its
ordinary
meetings.
-
- (6)
Leave
of
absence
from
any
meeting
may
be
applied
for
by
or
on
behalf
of a
member
or
observer
either
before
or
at
the
meeting
concerned.
-
Ntoices
of
meetings
-
- 3.
(1)
The
secretariat
shall
give
written
notice
of
a
meeting
to
each
member and
observer.
-
- (2)
The
notice
shall
set
out
the
time,
date
and
place
of
such
meeting
and shall
include
an
agenda
and
such
other
infomration
as
the
secretariat may
deem
necessary
to
enable
the
participants
to
prepare
for
the meeting.
-
- (3)
Meetings
shall
be
convened
on
not
less
than
seven
calendar
days' notice.
-
(4)
Not
fewer
than
one
quarter
of
themembers
of
the
forum
may
submit
to
-
the
secretariat
a
written
request
for
a
special
meeting
to
be
convened
-
on
the
grounds
set
out
in
the
request,
and
the
secretariat
shall
within seven
calendar
days
after
receipt
of
such
requestsisue
a
notice
-
convening
such
a
meetin-g
-
- (5)
(a)
Service
of
such
notices
shall
be
by
hand
or
by
telefacsimile
to numbers
supplied
to
the
secretariat
by
members:
Provided
that notices
may
be
mailed
to
members
whose
fofices
are
situated
more than
10
kilometres
from
the
secretariat's
office
and
who
have
not provided
telefacsimile
addresses.
- not
-
- (b)
Changes
of
address
shall
be
notified
to
the
secretariat
in
writing. (6)
The
accidental
omission
to
notify
any
member
or
observer
shall
- affect
the
validity
of
the
meeting
concerned.
-
Quorum
-
- 4.
(1)
The
quorum
for
a
meeting
of
the
forum
shall
be
at
least
half
the
total number
of
members
of
such
forum.
-
- (2)
Whenever
during
a
meeting
there
is
no
quorum,
the
chairperson
shall suspend
proceedings
for
20
minutes,
and
if
at
the
end
of
that
period there
is
still
no
quorum,
he
or
she
may
declare
the
meteing
to
be adjourned.
-
Attendance
register
-
- 5.
The
secretariat
shall
keep
an
attendance
register,
in
which
every
participant
present
at
a
meeting
shall
sign
his
or
her
name.
-
Order
of
business
-
6.
(1)
The
order
of
business
at
a
meeting
shall
be
as
follows: (a)
Opening;
-
(b)
application
for
leave
of
absence;
-
(c)
statements
and
communications
by
the
chairperson;
-
(d)
finalizing
the
agenda,
inculding
decisions
on
the
release
of documents
to
the
media
and
the
public;
-
(e)
confirmation
of
minutes
of
previous
meeting;
-
(f)
matters
arising
from
the
minutes
(if
not
covered
by
agenda
item);
-
(g)
consideration
of
reportby
a
joint
technical
committee
referred
to in
paragraph
12,
including
its
working
groups
and
task
teams
(if any);
-
(h)
consideration
of
any
matters
of
common
concern
or
interest
relating to
the
area
of
the
forum;
-
(i)
matters
of
urgency
or
necessity
in
terms
of
subparagraph
(4); (j)
possible
press
statement.
-
- (2)
The
chairperson
may
give
preference
to
any
item
on
the
agenda
with
the consent
of
the
meetin-g
-
- (3)
No
business
shallbe
transacted
at
a
meeting
other
than
that
specified in
the
agenda
relating
thereto.
-
- (4)
The
chairperson
may
as
a
matter
of
urgency
or
necessity
accept
a request
to
discuss
a
matter
which
request
could
not
have
been
notified to
the
secretariat
in
terms
of
paragraph
7,
in
which
case
a
properly
motivated
written
request
in
this
regard
shall
be
directed
to
the secretariat
a
reasonable
time
before
the
meeting.
-
- (5)
The
chairperson
shall
rule
on
the
accetpability
of
any
urgent
request, and
on
the
need
for
other
participants
to
be
given
appropriate
time
to prepare
for
discussion
thereof.
-
- Notice
of
matters
for
discussion
-
- 7.
(1)
Written
notice
of
any
matter
conetmplated
in
paragraph
6(1)(h)
shall
be given
to
the
secretariat
not
less
than
three
days
prior
to
the
date
of each
meeting
of
the
forum
and
such
notice
shall
be
sent
by
the secretariat
to
each
member
in
terms
of
paragraph
3.
-
- (2)
A
notice
of
matters
for
discussion
shall
deal
with
one
matter
only
and shall
be
relevant,
which
relevance
shall
be
determined
by
the chairperson
at
the
meeting
where
the
matter
is
to
be
considered.
Proposasl
-
- during
course
of
meeting
- 8.
(1)
The
following
proposals
may
also
be
made
during
a
meeting:
-
- (a)
To
amend
a
motion,
proposal
or
recommendation
of
a
joint
technical
committee
or
a
working
group;
-
(b)
that
the
forum
adjoursn;
-
(c)
that
a
debate
be
adjourned;
-
- (d)
that
a
matter
be
referred
back
to
the
joint
technical
committee
or
a working
group;
-
(e)
that
consideration
of
the
matter
be
deferred
or
held
over; (f)
that
a decision
be
taken
on
the
matter
under
consideration;
(g)
that
it
be
accepted
that
consensus
cannot
be
reached; -
(h)
that
the
meeting
go
into
committee,
and
thereby
exclude
the
media and
the
public;
-
- (i)
that
the
media
and
the
public
be
allowed
back
into
the
meeting. (2)
Every
proposal
in
terms
of
subparagraph
(1)
shall
be
seconded.
(3)
Any
business
uncompleted
at
the
adjournment
of
a
meeting
shall
be
dealt
with
at
the
next
meeting
unless
the
forum
decdies
otherwise
or
the -
chairperson
convenes
a
special
meeting
to
dispose
of
such
business.
-
- (4)
Any
proposal
to
refer
a
matter
back
for
reconsideration
shall
indicate to
which
body
the
matter
shall
be
referred
and
the
aspect
on
which
reconsideration
is
required.
-
Proceedings
at
meetings
-
9.
(1)
The
chairperson
shall
control
and
conduct
a meeting
and
may
for
such purpose
issue
directionS
to
any
participant
or
person,
and
at
his
or her
discretion
adjourn
the
meeting
at
any
time.
-
- (2)
Whenever
the
chairperson
speaks
during
a
meeting,
any
participant
then speaking
or
intending
to
speak
shall
be
silent
and
all
persons
present shall
be
silent
so
that
the
chaiprerSon
may
be
heard
without
interruption.
-
- (3)
A
participant
who
speaks
shall
confine
his
or
her
speech
strictly
to the
motion
or
proposal
under
discussion
or
to
an
explanation
or
point of
order
and
no
discussion
shall
be
lalowed
which
anticipate
any
matter on
the
agenda.
-
- (4)
Any
participant
may
ask
the
chairperson
for
permission
to
address
the meeting-
-
- (a)
on
a
point
of
order
with
a
view
to
calling
attention
to
any departure
from
the
prescribed
procedure;
or
-
- (b)
in
personal
explanation,
in
order
to
explain
some
material
part
of his
or
her
former
speech
which
may
have
been
misunderstood,
and
any
- participant
so
asking
shall
be
heard
forthwith
unslse
-
- the
- chairperson
rules
the
point
of
order
or
explanation
to
be
inadmissible.
-
- (5)
(a)
If
a
participant
misconducts
himself
or
herself,
behaves
in
an unseemly
manner
or
obstructs
the
business
of
any
meeting
or
- challenges
any
ruling
of
the
chairperson,
the
chairperson
shall direct
such
person
to
conduct
himself
or
herself
properly
and
if speaking
to
discontinue
his
or
her
speech.
-
- (b)
In
the
event
of
a
persistent
disergard
by
any
person
of
the
directions
of
the
chairperson,
the
chairperson
shall
direct
such
person
to
retire
from
the
place
where
the
meeting
is
being
held,
for
the
remainder
of
the
meeting,
failing
which
the
chairpersomnay
-
direct
that
he
or
she
be
removed
from
such
place.
-
- (6)
Any
other
person
who
misconducts
himself
or
herself,
behaves
in
an unseemly
manner
or
interrupts
proceedings
at
any
meeting,
shall,
if
the chairperson
so
directs,
leave
the
place
where
the
meeting
is
being
-
held,
failing
which
the
chairperson
may
direct
that
he
or
she
be removed
from
such
place.
-
- (7)
Any
interpretation
by
the
chairperson
of
these
Rules
of
Order
shall, if
any
participant
present
so
requests,
be
recorded
in
the
minutes.
-
Decisio-nmaking
-
- 10.
(1)
In
carrying
out
its
functions,
the
forum
shall
seek
to
achieve
consensus.
-
- (2)
Should
consensus
not
be
achieved
on
any
matter
at
a
subsequent
meeting, such
matter
shall,
unless
otherwise
provided
for
in
this
Act,
be decided
by
a
concurrent
majority
of
tw-othirds
of
both
the
statutory
-
and
non-statutory
components
of
the
forum.
-
- (3)
Each
member
shall
be
entitled
to
one
vote.
-
- (4)
Where
a
vote
has
to
be
taken
on
any
matter,
such
vote
shall
be
by
a show
of
hands
unless
any
member
requests
a
secret
ballot.
-
Minutes
-
- 11.
(1)
The
secretariat
shallkeep
an
attendance
register,
and
proper
minutes
-
or
other
appropriate
records
of
the
forum's
decisions
and
transactions
-
in
a
minute
book
and
other
appropriate
books,
and
copies
of
such minutes
shall,
unless
other
arrangements
aremade
with
any
member,
be sent
to
each
member
as
soon
as
possible
after
each
meeting,
but
at
the latest
with
the
agenda
for
the
next
meeting.
-
- (2)
A
copy
of
minutes
certified
by
the
chairperson
as
a
true
copy
or extract
of
minutes,
confirmed
by
the
forum,
shall
constitute
prima facie
proof
of
the
accuracy
thereof.
-
Joint
Technical
Committee
and
working
groups
-
- 12.
(1)
A
standing
committee
to
be
known
as
the
Joint
Technical
Committee
(hereinafter
referred
to
as
JTC)
may
be
appointed
by
the
forum
from both
the
statutory
and
no-nstatutory
components
to
advise
and
make
recommendations
in
writing
to
the
forum
regarding
any
matter
referred to
the
JTC
by
the
forum.
-
- (2)
The
JTC
shall
attempt
to
reach
consensus
on
all
matters,
but
where
this cannot
be
achieved,
any
dissenting
views
shall
be
recorded.
-
- (3)
The
JTC
shall
designate,
and
may
remove
from
office,
a
chairperson
by resolution
passed
by
a
majority
of
members
present
at
a
meeting,
each member
having
one
vote.
-
- (4)
The
JTC
may,
subject
to
review
by
the
forum,
c-opt
any
person
to
sene on
it
for
one
or
more
meetings
or
part
of
a
meeting.
-
(5)
The
JTC
or,
ifthere
is
no
JTC,
the
forum,
may
establish
working groups,
task
teams
and
subcommittees.
-
- (6)
The
JTC
shall
meet
as
often
as
is
necessary
and
shall
determine
the dates
of
meetings.
-
- (7)
The
chairperson
of
the
JTC
may,
and
shall
at
the
request
of
two members,
call
a
special
meeting
of
the
JTC.
-
- (8)
Meetings
of
the
JTC
and
of
its
working
groups,
task
teams
and
sub-committees
shall
not
be
open
to
the
public
or
the
media.
- (9)
Notice
of
a
JTC
meeting
-
- hsall
be
given
by
the
secretariat
to
members
at
- least
48
hours
prior
to
the
meeting,
in
the
manner
referred
to
in paragraph
3(2).
-
- (10)
A
majority
of
all
the
members
represented
on
the
JTC
shall
constitute
a quorum.
-
- (11)
The
JTC
shall
regulate
its
own
procedure,
which
shall
as
far
as practicable
be
the
same
as
that
of
the
forum.
-
SCHEDULE
2
-
- Powers
and
duties
of
a
transitional
metropolitan
council
referred
to
in sections
7(1)(b),
8(2)
and
10(3)(h)
-
- 1.
Bulk
supply
of
water.
-
2.
Bulk
supply
of
electricity.
-
3.
Bulk
sewerage
purification
works
and
main
sewerage
disposal
pipelines
for
-
the
metropolitan
area.
-
4.
Metropolitan
co-ordination,
land
usage
and
transport
planning.
-
5.
Arterial
metropolitan
roads
and
stormwater
drainage.
-
6.
Passenger
transport
services.
-
7.
Traffic
matters.
-
8.
Abattoirs.
-
9.
Fresh
produce
markets
-
10.
Refuse
dumps.
-
11.
Cemeteries
and
crematoriums.
-
12.
Ambulance
and
fire
brigade
services.
-
13.
Hospital
services.
-
14.
Airports.
-
15.
Civil
protection.
-
16.
Metropolitan
libraries-
-
17.
Metropolitan
Museums-
-
18.
Metropolitan
recreation
facilities.
-
19.
Metropolitan
environment
conservation.
-
20.
Metropolitan
promotion
of
tourism.
-
21.
Metropolitan
promotion
of
economic
development
and
job
creation.
-
22.
The
establishment,
improvement
and
maintenance
of
other
metropolitan
-
infrastructure
services
and
facilities.
-
23.
The
power
to
levy
and
claim-
-
- (a)
the
regional
services
levy
and
the
regional
establishment
levy
referred to
in
section
12(l)(a)
of
the
Regional
Services
Councils
Act,
1985
(Act No.
109
of
1985),
or
section
16(1)
(a)
of
the
KwaZulu
and
Natal
Joint
- Services
Act,
1990
(Act
-
- oN.
84
of
1990),
as
the
case
may
be;
- (b)
levies
or
tariffs
from
any
transitional
metropolitan
substructure
in respect
of
any
function
or
service
referred
to
in
items-212;
and
-
- (c)
an
equitable
contribution
from
any
transitional
metropotlain
substructure
based
on
the
gross
or
rates
income
of
such
transitional
- metropolitan
substructure.
-
24.
The
receipt,
allocation
and
distribution
of
intergovernmental
grants.
-
25.
The
power
to
borrow
or
lend
money,
with
the
prior
approvaolf
the
Administrator,
for
the
purposes
of
or
in
Connection
with
the
exercise
or performance
of
any
power
or
duty.
-
SCHEDULE
3
-
Delimitation
of
wards
referred
to
in
section
8(2)
-
- The
area
of
jurisdiction
of
any
transitional
local
council
and
transitional
metropolitan
subStrUcture
shall
be
divided
into
wards
in
accordance
with
the applicable
laws:
Provided
that
where
the
area
of
jurisdiction
of
any
such
transitional
local
council
or
transtiional
metropolitan
substructure
includes
-
- (a)
the
area
of
jurisdiction
of
any
institution
or
body
contemplated
in section
84(1)(f)
of
the
Provincial
Government
Act,
1961
(Act
No.
32
of
-
1961);
and
-
- (b)
any
other
area
not
falling
withni
the
area
of
jurisdiction
of
the institutiOn
or
body
referred
to
in
paragraph
(a),
no
area
referred
to
in paragraph
(a)
or
(b)
shall
be
allocated
less
than
half
the
total
number of
wards
of
such
transitional
local
council
or
transitniaol
metropolitan
substructure:
-
Provided
further
that
for
the
purposes
of
delimitation
of
wards
in
terms
-
of
section
8(2)
of
this
Act,
no
area
referred
to
in
paragraph
(a)
shall include
any
area
for
which
a
local
government
bodyerferred
to
in paragraphs
(a),
(b)
and
(c)
of
the
definition
of
local
government
body has
been
established.
-
SCHEDULE
4
-
Principles
referred
to
in
section
9(4)
-
- 1.
Any
natural
person
who
is-
-
(a)
eligible
to
vote
in
terms
of
section
6
of
the
Constitution
of
the
-
Republic
of
South
Africa,
1993;
and
-
- (b)
ordinarily
resident
within
the
area
of
jurisdiction
of
a
local
government,
or
under
law
liable
for
the
paymetn
of
assessment
rates,
-
rent,
service
charges
or
levies
to
the
local
government
concerned,
shall
-
be
entitled
to
be
included
in
the
voters'
roll
of
that
local
government and
shall
thereupon
be
entitled
to
vote
in
an
election
for
memrbse
of
-
the
council
of
such
local
government:
Provided
that
any
person
shall
be
-
entitled
to
exercise
only
one
vote
for
any
local
government.
-
- 2.
Voters'
rolls
shall
be
prepared
by
the
local
government
concerned
and divided
according
to
wards
delimited
as
contemplated
in
section
8(2)
of this
Act.
-
- 3.
A
voters'
roll
shall
lie
for
inspection,
but
the
onus
to
be
enrolled
as
a voter
shall
rest
on
the
voter
concerned.
-
- 4.
Only
a
competent
court
shall
be
entitled
to
make
alteartions
to
an
approved voters'
roll,
which
shall
be
updated
at
regular
prescribed
intervals.
-
- 5.
Identification
for
voting
purposes
shall
be
by
production
of
a
voter's
eligibility
document
as
defined
in
section
1
of
the
Electoral
Act,
1993.
-
- 6.
Any
person
who
is
entitled
to
be
included
in
the
appropriate
voters'
roll as
contemplated
in
paragraph
1,
shall
be
entitled
to
be
nominated
and elected
as
a
member
of
the
council
of
the
local
government
unless
(a)
he
or
she
is
an
elected
member
of
the
National
Assembly
or
the
Senate; -
- (b)
he
or
she
is
disqualified
to
be
elected
as
a
member
of
the
National
Assembly
in
terms
of
the
Constitution
of
the
Republic
of
South
Africa,
1993;
-
- (c)
he
or
she
is
disqualifiedto
be
elected
by
any
competent
court;
-
- (d)
at
15:00
on
the
day
immediately
preceding
nomination
day,
he
or
she
is
indebted
to
the
local
government
concerned
in
respect
of
any assessment
rates,
rent,
service
charges
or
any
othermonies
for
a period
longer
than
three
months;
or
-
- (e)
he
or
she
is
an
employee
of
the
local
government
concerned
or
any
other local
government:
Provided
that
the
Administrator
may
exempt
any
such
person
if
the -
Administrator
is
satisfied
that
such
exemption
is
in
the
public
interest and
proof
of
such
exemptiOn
accompanies
the
nomination.
-
- 7.
Sixty
per
cent
of
the
members
of
a
transitional
local
council
or
a transitional
metropolitan
substructure
shall
beelected
on
the
basis
that each
such
member
shall
represent
a
ward
of
such
transitional
local
council
-
or
transitional
metropolitan
substructure
and
forty
per
cent
of
the
members shall
be
elected
according
to
a
system
of
proportional
represeantion.
-
- 8.
Forty
per
cent
of
the
members
of
a
transitional
metropolitan
council
shall be
elected
according
to
the
system
of
proportional
representation
contemplated
in
paragraph
7,
and
sixty
per
cent
of
the
members
shall
be nominated
by
the
transitional
metropolitan
substructures
from
among
their members
on
a
pro
rata
basis
according
to
the
number
of
registered
voters
in the
areas
of
jurisdiction
of
such
transitional
metropolitan
substructures:
Provided
that
each
such
transtiional
metropolitan
substructure
shall
be entitled
to
at
least
one
representative.
-
SCHEDULE
5
-
Criteria
referred
to
in
section
11(2)
-
- 1.
The
chairperson
of
the
Board
shall
be
a
person
withextensive
experience
in law
or
matters
relating
to
local
government.
-
- 2.
The
other
members
of
the
Board
shall
jointly
have
knowledge
-
- -of
- (a)
rural,
town
and
regional
planning;
-
- (b)
development
economics,
including
development
needs
ofoclal
communities;
-
- (c)
municipal
finance;
-
- (d)
municipal
services
and
administration;
and
-
- (e)
other
disciplines
and
skills
as
may
be
necessary.
-
- 3.
The
membership
of
the
Board
shall
be
structured
in
such
a
manner
as
to
be balanced,
representative,
non-racial
and
gender
inclusive.
-
SCHEDULE
6
-
Criteria
referred
to
in
section
11(6)(b)
-
- 1.
Topographical
and
physical
characteristics
of
the
area
concerned.
- 2.
Population
distribution
within
the
area
concerned.
-
- 3.
Existing
demarcation
of
areas
pertaining
to
local
government
affairs
and services,
including
existing
areas
of
local
government
bodies
and
areas existing
before
1971
as
areas
of
such
local
governemnt
bodies
(if
any)
as well
as
areas
of
regional
services
councils
and
joint
services
boards.
-
- 4.
Existing
and
potential
land
usage,
town
and
transport
planning,
including
industrial,
business,
commercial
and
residential
usage
and planning.
-
- 5.
Economy,
functionality,
efficiency
and
financial
viability
with
regard
to the
administration
and
rendering
of
services
within
the
area
concerned.
-
- 6.
Development
potential
in
relation
to
the
availability
of
sufficient
land for
a
reasonably
foreseeable
period
to
meet
the
spatial
needs
of
the existing
and
potential
residents
of
the
proposed
area
for
their
residential,
business,
recreational
and
amenity
use.
-
- 7.
Interdependence
of
and
community
of
interest
between
residentisn
respect of
residency,
work,
commuting
and
recreation.
-
- 8.
The
integrated
urban
economy
as
dictated
by
commercial,
industrial
and residential
linkages.
-
SCHEDULE
7
-
- Code
of
Conduct
for
Councillros
referred
to
in
section
16(7)
Attendance
of
meetings
-
1.
A
councillor
shall
attend
each
meeting
of
the
council
of
which
he
or
she
is a
member
or
of
any
committee
of
such
council
to
which
he
or
she
is
-
appointed
or
elected,
except
where
leave
of
absence
has
been
granted
to
him or
her
in
terms
of
the
applicable
law.
-
Misleading
or
influencing
council,
and
certain
other
acts
prohibited -
- 2.
No
councillor
shall-
-
- (a)
mislead
or
attempt
to
mislead
hte
council
of
which
he
or
she
is
a
member in
its
consideration
of
and
decision
on
any
matter
serving
before
it;
-
- (b)
influence
or
attempt
to
influence
the
council
of
which
he
or
she
is
a member
in
its
consideration
of
and
decision
on
nay
matter
serving
before it
so
as
to
gain
some
direct
or
indirect
benefit,
whether
in
money
or otherwise,
for
himself
or
herself
or
any
other
person
to
whom
he
or
she is
related
or
any
other
person
or
body
with
whom
or
which
he
orhes
is associated;
-
- (c)
directly
or
indirectly
encourage,
advocate,
incite
or
participate
in
the taking
of
any
unlawful
decision
by
the
council
of
which
he
or
she
is
a member;
or
-
- (d)
directly
or
indirectly
encourage,
advoacte,
incite
or
participate
in
any debate,
consultation,
meeting
or
decision
with
any
other
person
or
body the
aim
or
effect
of
which
would
be
the
abrogation
by
the
council
of which
he
or
she
is
a
member,
of
any
right
in
its
favourrothe
breach
by such
council
of
any
agreement
or
the
breach
by
any
other
person
or
body of
any
agreement
with
such
council
or
any
other
breach
or
loss
of
any right
or
the
neglect
of
any
Obligation
to
the
extent
that
the
local authority
concerned
suffers
loss
or
is
in
any
way
prejudiced
or improperly
or
unlawfully
burdened
with
any
obligatio-n
-
Pressure
on
employees
prohibited
-
- 3.
No
councillor
shall,
directly
or
indirectl-y
-
- (a)
coerce
or
put
any
pressure
on
any
employee
of
the
council
of
which
he
or she
is
a
member
to
insert
in
or
to
omit
from
any
document
prepared
by such
employee,
any
fact,
view
or
information,
or
to
frame
a
recommendation
in
any
such
documentin
a
particular
manner;
or
-
- (b)
instruct
or
order
any
employee
of
the
council
of
which
he
or
she
is
a member
not
to
implement
any
decision
of
that
council
or
any
decision
of any
committee
of
that
council
or
to
implement
any
such
deciosn
contrary to
the
intent
and
purpose
thereo-f
-
Unauthorized
disclosure
of
information
prohibited
-
- 4.
No
councillor
shall,
by
himself
or
herself
or
through
the
agency
of
any other
person,
disclose
to
any
unauthorized
persno
or
body
or
the
representative
of
such
person
or
body,
any
privileged
or
confidential
information.
-
Solicitation
for
reward,
and
acceptance
of
gifts
and
favours
prohibited -
- 5.
No
councillor
shall,
directly
or
indirectl-y
-
- (a)
request,
solicit
or
demand
from
any
person
or
body
any
direct
or indirect
reward
or
favour;
or
-
- (b)
accept
any
gift,
reward
or
favour,
whether
in
money
or
otherwise,
as
a consideration
for
voting
in
a
particular
manner
on
any
matter
befortehe
council
of
which
he
or
she
is
a
member,
or
from
refraining
from
voting on
any
matter,
or
for
the
purpose
of
persuading
or
convincing
such council
in
regard
to
the
exercise
or
performance
of
any
power
or
duty that
such
council
is
required
to
exercise
or
perform,
or
for
the disclosure
of
any
privileged
or
confidential
information
to
any
unauthorized
person
or
body
or
the
representative
of
such
person
or body.
-
Intervention
in
administartion
of
council
prohibited
-
- 6.
No
councillor
shall-
-
- (a)
intervene
directly
or
through
the
agency
of
any
other
person
in
the management
or
administration
of
any
department,
branch,
section
or division
of
the
council
of
which
he
orshe
is
a
member;
-
- (b)
directly
or
through
the
agency
of
any
other
person,
issue
or
attempt
to issue
an
executive
order
to
any
employee
of
the
council
of
which
he
or she
is
a
member;
or
-
- (c)
directly
or
indirectly
encourage,
advoctae,
incite
or
participate
in
any debate,
decision
or
act
the
result
of
which
would
be
to
cause
or contribute
to
maladministration
within
the
council
of
which
he
or
she
is a
member
or
in
any
department,
branch,
section
or
division
osfuch
-
council.
-
Appropriation
or
misuse
of
council
property
prohibited
-
- 7.
(1)
No
councillor
shall-
-
- (a)
appropriate
for
his
or
her
personal
use
or
benefit
or
for
the
use
or benefit
of
any
other
person
to
whomhe
or
she
is
related
or
any
-
other
person
or
body
with
whom
or
which
he
or
she
is
associated,
any
-
movable
or
immovable
property
or
asset
owned,
controlled
or
managed by
the
council
of
which
he
or
she
is
a
membe-ror
-
- (b)
unlawfully
or
improperly
acquire
any
benefit
from
or
right,
title
or interest
to,
in,
or
over
such
property
or
asset.
-
- (2)
No
councillor
shall
use-
-
- (a)
municipal
office
facilities;
or
-
- (b)
municipal
equipment,including
telephones
or
motor
vehicles,
for
his or
her
personal
use
or
for
the
conducting
of
his
or
her
business
affairs
outside
his
or
her
authorized
functions
as
a
councillor.
-
Duties
of
councillor
-
- 8.
Whenever
any
member
of
any
council
becomes
aware
of
any
contravention
of
or failure
to
comply
with
any
provision
of
this
Code
of
Conduct,
or
whenever any
allegation
or
statement
is
made
to
him
or
her
in
writing,
to
the
effect that
any
member
of
the
council
of
which
he
or
she
is
a
member
has
allegedly
contravened
or
failed
to
comply
with
any
provision
of
this
Code
of
Conduct, he
or
she
shall
forthwith
inform
the
town
clerk
thereof
in
writing,
setting out
the
particulars
ofany
facts
of
which
he
or
she
is
aware
or
the particulars
of
any
statements
or
allegations
made
to
him
or
her.
-
Duties
of
town
clerk
-
- 9.
(1)
Whenever
the
town
clerk
of
any
council
becomes
aware
of
any
contravention
of
or
failure
to
comply
with
any
provision
of
this
Code of
Conduct,
or
whenever
any
allegation
or
statement
is
made
to
him
or her
in
writing,
to
the
effect
that
any
member
of
the
council
has allegedly
contravened
or
failedto
comply
with
any
provision
of
this Code
of
Conduct,
he
or
she
shall
-
- (a)
investigate
the
facts
and
circumstances;
-
(b)
obtain
the
written
comments
of
the
councillor
concerned;
and
-
- (c)
if
he
or
she
is
satisfied
that
rpima
facie
a
contravention
of
or failure
to
comply
with
any
provision
of
this
Code
of
Conduct
has occurred,
he
or
she
shall
submit
a
report
thereon
to
the
council:
- clerk
-
- Provided
that
if
the
councillor
concerned
does
not
fursnhi
-
- the
town
- with
his
or
her
written
comments
as
contemplated
in
item
(b),
within a
reasonable
time
after
being
requested
to
do
so,
the
town
clerk shall
proceed
to
submit
a
report
to
the
council
as
contemplated
in item
(c).
-
- (2)
The
town
clerk
of
every
council
shall
ensur-e
-
(a)
that
each
member
of
the
council
shall
upon
being
elected
as
a
member be
furnished
with
a copy
of
this
Code
of
Conduct
and
every
amendment
thereof;
and
-
- (b)
that
a
copy
of
this
Code
of
Conduct
is
available
in
every
room
or place
where
the
council
concerned
or
any
committee
of
such
-
council
meets.$
|
