- 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
|
