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Local Government Transition Act, 1993 [No. 209 of 1993] - G 15468

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), <