Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 486 Cape Town 23 December 2005 No. 28363 THE PRESIDENCY No. 1261 23 December 2005 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 23 of 2005: Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005. AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIESLAWS REPEAL AND RELATED MATTERS ACT, 2005 Act No. 23,2005 (English text signed by the President.) (Assented to 22 December 2005.) ACT TO amend the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), so as to delete a provision in respect of cross-boundary municipalities; repeal the Local Government: Cross-boundary Municipalities Act, 2000 (Act No. 29 of 2000); repeal the Re-determination of the Boundaries of Cross-boundary Municipalities Act, 2000 (Act No. 69 of 2000); repeal the Re-determination of the Boundaries of Cross-boundary Municipalities Act, 2005 (Act No. 6 of 2005); provide for consequential matters as a result of the re-alignment of former cross-boundary municipalities and the re-determination of the geographical areas of provinces; and provide for matters connected therewith. PREAMBLE SINCE the Constitution Twelfth Amendment Act of 2005 provides for the re-determination of the geographical areas of the provinces; SINCE in terms of the Constitution Twelfth Amendment Act of 2005 cross-boundary municipalities are no longer possible; SINCE an Act amending the Constitution may not include provisions other than constitution amendments and matters connected with the amendments; SINCE it is necessary to provide for the repeal of all provisions dealing with crossboundary municipalities; and SINCE it is necessary to provide for consequential arrangements as a result of the re-alignment of former cross-boundary municipalities and the re-determination of the geographical areas of provinces, N OW THEREFORE BE IT ENACTED by the Parliament of the Republic of South Africa. as follows:- Definitions 1. In this Act, unless the context indicates otherwise“cross-boundary municipality” means a municipality envisaged in section 5 155(6A) of the Constitution of the Republic of South Africa, 1996, as it existed immediately before the commencement of the Constitution Twelfth Amendment Act of 2005; “Municipal Demarcation Board” means the board established by section 2 of the 10 Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998); “MEC for local government” means the member of the Executive Council of a province responsible for local government in the province; 4 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 Act NO. 23,2005 “section 12 notice” means a notice provided for in section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998). Consequential arrangements 2. (1) Despite any applicable provisions of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998), and the Local Government: Municipal 5 Structures Act, 1998 (Act No. 117 of 1998), the demarcation by the Municipal Demarcation Board as indicated in the second column of Schedule 2 of a municipality indicated in the first column of Schedule 2 is regarded as a demarcation in terms of the Local Government: Municipal Demarcation Act, 1998, of a municipality10 (a) with the designation indicated in the third column of Schedule 2; and (b) within the province indicated in the fourth column of Schedule 2. (2) ( a ) Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, a section 12 notice referred to in the first column of Schedule 3 in respect of a municipality referred to in the second column of Schedule 3 is regarded as the section 12 notice15 (i) of a newly established municipality with the designation indicated in the third column of Schedule 3; and (ii) issued by the MEC for local government of the province indicated in the fourth column of Schedule 3. (b)Despite any applicable provisions of the Local Government: Municipal Structures 20 Act, 1998, any municipality referred to in paragraph (a)(i) is regarded to be the successor in law of the municipality as designated in the second column of Schedule 3. (3) Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), and the Electoral Commission Act, 1996 (Act No. 51 of 1996), an MEC for local 25 government, the Municipal Demarcation Board and the Electoral Commission may take any steps in respect of a municipality referred to in the second column of Schedule 3 to prepare for a general election of all municipal councils in respect of any newly established municipality envisaged by subsection (2). (4) (a) Despite any applicable provisions of the Local Government: Municipal 30 Demarcation Act, 1998 (Act No. 27 of 1998), and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), the proposed demarcation by the Municipal Demarcation Board of a municipality as indicated in the first column of Schedule 4 is regarded as a demarcation in terms of the Local Government: Municipal Demarcation Act, 1998, of a municipality35 (i) with the designation indicated in the second column of Schedule 4;and (ii) in the province indicated in the third column of Schedule 4. (b)Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, the proposed section 12 notice referred to in the first column of Schedule 5 in respect of a proposed municipality referred to in the second column of Schedule 5 is 40 regarded as the section 12 notice(i) of a newly established municipality with the designation indicated in the second column of Schedule 5; and (ii) issued by the MEC for local government of the province indicated in the third 45 column of Schedule 5. (c) Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, any municipality referred to in paragraph (b)(i) is regarded to be the successor in law of the municipality referred to in the fourth column of Schedule 5 . (d) Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), 50 and the Electoral Commission Act, 1996 (Act No. 51 of 1996), an MEC for local government, the Municipal Demarcation Board and the Electoral Commission may take any steps in respect of a municipality referred to in the second column of Schedule 5 to prepare for a general election of all municipal councils in respect of any newly established municipality envisaged by this subsection. 55 6 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARYMUNICIPALITIES LAWS REPEAL AND RELATED MATERS ACT, 2005 Act No. 23,2005 Repeal of laws 3. The laws specified in Schedule 1 are repealed to the extent set out in the third column of Schedule 1. Savings 4. (1) Where a particular area will in future as a result of this Act be relocated in a 5 province (the receiving province) other than the province (releasing province) in which it was located before the commencement of this Act(a) any licence, permit or authorisation issued; (b) any appointment made to any office; or 10 (c) any right, privilege, obligation or liability acquired, accrued or incurred, in terms of a law applicable in the releasing province will continue to have the force of law until revoked, withdrawn or replaced in terms of a law applicable in the receiving province. (2) An MEC for local government may, by way of an amendment to an applicable section 12 notice, regulate any legal, practical or other consequences of the relocation of 15 an area referred to in subsection (1) in so far as such regulation is necessary to ensure the proper functioning of a municipality in whose area of jurisdiction such relocated area falls. Wansitional arrangements regarding the transfer of provincial functions, assets and liabilities 20 5. (1) Where a particular area is relocated from one province (the releasing province) to another province (the receiving province) at the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005(a) any function exercised or service delivered by the provincial government of the releasing province in the area in question must, subject to subsections (2) and (3), be exercised or delivered by the provincial government of the receiving province; and (b) any asset, right, obligation, duty or liability associated or connected with the exercise of such function or the delivery of such service vests in the provincial government of the receiving province. (2) The provincial government of the releasing province and the provincial government of the receiving province may before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005 enter into an implementation protocol in terms of section 35 of the IntergovernmentalRelations Framework Act, 2005 (Act No. 13 of 2005), in order to provide for(a) the provincial government of the releasing province to continue exercising a function or delivering a service on an agency basis in the area in question; or (b) the transfer of staff in accordance with applicable labour law from the provincial government of the releasing province to the provincial government of the receiving province. (3) (a) If an agreement on the content of an implementation protocol envisaged in subsection (2) cannot be reached before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005, the matter must be referred to the National Council of Provinces. (b) The National Council of Provinces is mandated to assist the provincial governments concerned in any manner necessary in order to reach agreement within two months after the commencement of sections 2 to 4 of the Constitution 'helfth Amendment Act of 2005. ( c ) If no agreement is reached within the period referred to in paragraph (b), subsection (1) applies without any exception. (d) Where a matter has been referred to the National Council of Provinces as provided for in paragraph (a), the provincial government of the releasing province must continue to exercise any relevant function and deliver any relevant service in the area in question during the two month period referred to in paragraph (b). 25 30 35 40 45 50 8 No.28363 GOVERNMENT GAZETIE, 23 DECEMBER 2005 Act NO. 23,2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MAlTERS ACT, 2005 (4) Where an implementation protocol has been concluded as provided for in subsections (2) and (3), the President's Co-ordinating Council referred to in section 6 of the Intergovernmental Relations Framework Act, 2005, must co-ordinate the implementation of the protocol in question. ( 5 ) (a)Where immovable property vests in the provincial government of a receiving 5 province in terms of subsection (I), the registrar of deeds having jurisdiction must upon the production of a certificate signed by both the premier of the releasing province and the premier of the receiving province, make such entries or endorsements in or on any relevant register, title deed or other document to register such immovable property in the name of the provincial government of the receiving province. 10 (b) No duty, fee or other charge is payable in respect of a registration in terms of paragraph (a). Short title and commencement 6. (1) This Act is called the Cross-boundary Municipalities Laws Repeal and Related 15 Matters Act, 2005. (2) Sections 2(3) and (4)(d), and 5 of this Act takes effect on the date of publication of the Act and all other provisions of this Act take effect on a date determined by the President by proclamation in the Gazette. 10 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 Act No. 23,2005 SCHEDULE 1 Laws repealed (Section 3) INo. and year of law Act No. 117 of 1998 Act No. 29 of 2000 Act No. 69 of 2000 I Short title Local Government: Municipal Structures Act, 1998 Local Government: Cross-boundary Municipalities Act, 2000 Re-determination of the Boundaries of Cross-boundary Municipalities Act, 2000 Re-determination of the Boundaries IExtent of reDeal Section 90 The whole The whole. Act No. 6 of 2005 The whole of Cross-boundary Municipalities Act, 2005 12 No.28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 Act No. 23,2005 SCHEDULE 2 Demarcation of newly established municipalities in a province Designation of municipality Demarcation notice and date New designation of municipality (where applicable) Province in respect of which demarcation is deemed Gauteng Identified by Map No. 1 ol EKU (Map No. 33 of the Metropolitan Schedule to Notice 1594 Municipality Ekurhuleni the Schedule to Notice of 2005) 1179 of 2005 Metropolitan Municipality Tshwane CBDC3 known as Sekhukhune District Municipality Identified by Map No. 2 of TSH (Map No. 32 of the Schedule to Notice 1594 the Schedule to Notice of 2005) 1179 of 2005 Identified by Map No. 10 of the Schedule to Notice 1179 of 2005 Gauteng DC47 (Map No. 15 of the Schedule to Notice 1594 of 2005) NPO3a4 (Map No. 16 of the Schedule to Notice 1594 of 2005) NP03a5 (Map No. 17 of the Schedule to Notice 1594 of 2005) NP03a6 (Map No. 18 of the Schedule to Notice 1594 of 2005) DC9 (Map No. 11 of the Schedule to Notice 1594 of 2005) NC094 (Map No. 12 of the Schedule to Notice 1594 of 2005) Limpopo CBLC3 known as Greater Identified by Map NO. 11 Marble Hall Local of the Schedule to Notice Municipality I179 of 2005 CBLC4 known as Greater Identified by Map No. 12 Groblersdal Local of the Schedule to Notice Municipality 1179 of 2005 CBLCS known as Greater Identified by Map No. 13 Tubatse Local Municipal- of the Schedule to Notice 1179 of 2005 ity DC9 known as Frances Baud District Municipality CBLC7 known as Phokwane Local Municipality CBDCl known as Kgalagadi District Municipality CBLCl known as Ga-Segonyana Crossboundary Local Municipality NWlal known as Moshaweng Local Municipality Identified by Map No. 24 of the Schedule to Notice 1179 of 2005 Identified by Map No. 25 of the Schedule to Notice 1179 of 2OO5 Limpopo Limpopo Limpopo Northern Cape Northern Cape Northern Cape Northem Cape Identified by Map NO. 3 of 9C45 (Map No. 6 of the Schedule to Notice 1594 the Schedule to Notice )f 2005) 1179 of 2005 Identified by Map No. 4 of W452 (Map No. 8 of the ichedule to Notice 1594 the Schedule to Notice )f 2005) 1179 of 2OO5 Identified by Map NO. 5 of the Schedule to Notice JC451 (Map No. 7 of the Schedule to Notice 1594 Northern Cape 1179 of 2005 )f 2005) 14 No. 28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MlTNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 Act No.23,2005 SCHEDULE 3 Deemed establishment of new municipalities in a province I Province in Section 12 notice Designation of municipality New designation of municipality (where applicable) which new municipality is deemed to be established Notice 3585 of 2005 (Gauteng) Notice 3584 of 2005 (Gauteng) Notice 4168 of 2005 (Gauteng) ~~ Metropolitan Municipality Ekurhuleni Metropolitan Municipality Tshwane Gauteng EKU (Map No. 33 of the Schedule to Notice 1594 of 2005) Gauteng TSH (Map No. 32 of the Schedule to Notice 1594 of 2005) Gauteng GTO2bl known as Nokeng GT02bl tsa Taemane GT411 known as Mogale City Local Municipality GT412 known as Randfontein Local Municipality GT414 known as Westonaria Local Municipality ~~ ~ ~ Notice 4861 of 2005 (Gauteng) Notice 4861 of 2005 (Gauteng) Notice 4861 of 2005 (Gauteng) GT481 (Map No. 30 of the f Schedule to Notice 1594 o 2005) GT482 (Map No. 3 1 of the Schedule to Notice 1594 of 2005) GT483 (Schedule 1 to Notice 1998 of 2005, read with map No. 23 of the Schedule to Notice 1179 of I 2005) I DC47 (Map No. 15 of the Schedule to Notice 1594 of I 2005) lI , Limpopo . Limpopo Limpopo Northem Cape Notice 302 of 2000 (Northern Province) Notice 302 of 2000 (Northern Province) Notice 302 of 2000 (Northern Province) Notice 302 of 2000 (Northem Province) CBDC3 known as Sekhukhune District Municipality CBLC3 known as Greater NP03a4 (Map No. 16 of Marble Hall Local Munici- the Schedule to Notice 1594 of 2005) Pality CBLC4 known as Greater GroblersdaI Local MuniciPality CBLCS known as Tubatse Local Municipality NPO3a5 (Map No. 17 of the Schedule to Notice 1594 of 2005) I Limpopo I I NP03a6 (Map No. 18 of the Schedule to Notice 1594 of 2005) DC9 (Map No. 11 of the Schedule to Notice 1594 of ~ I , Notice 130 of 2000 (North- DC9 known as Frances em Cape), read with Notice Baard District 31 of 2000 (Northern Cape) Municipality Notice 130 of 2000 (North- CBLC7 known as em Cape), read with Notice Phokwane Local 31 of 2000 (Northern Cape) Municipality Notice 131 of 2000 (North- CBDCl known as em Cape), read with Notice Kgalagadi District 32 of 2000 (Northern Cape) Municipality ~~ NC094 (Map No. 12 of the Northern Schedule to Notice 1594 of Cape DC45 (Map No. 6 of the Northern Schedule to Notice 1594 of Cape 2005) NC452 (Map No. 8 of the Northern Schedule to Notice 1594 of Cape 2005) Notice 131 of 2000 (North- CBLCl known as ern Cape), read with Notice Ga-Segonyana Cross32 of 2000 (Northern Cape) boundary Local Municipality 16 No.28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 Act NO. 23,2005 SCHEDULE 4 Demarcation of newly established municipalities in a province nicipality (Municipal Demarcation Board notice and date) Identified by Map No. 8 of the Schedule to Notice 1257 of 2005 Identified by Map No. 7 of the Schedule to Notice 1257 of 2005 Identified by Map No. 11 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005 ~~ Proposed designation of municipality 1 KZ5a6 known as Umzimkulu Loca 1 Municipality Province in resDect of which demarcation is deemed ~ KwaZulu-Natal DC43 known as Sisonke District Municipality ' KwaZulu-Natal DC44 known as Alfred Nzo Districl Eastern Cape Municipality Identified by Map No. 10 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005 Identified by Map No. 9 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005 Identified by Map No. 6 of the Schedule to Notice 1257 of 2005 Identified by Map No. 5 of the Schedule to Notice 1257 of 2005 Identified by Map No. 4 of the Schedule to Notice 1257 of 2005 Identified by Map No. 3 o the f Schedule to Notice 1257 of 2005 Identified by Map No. 14 of the Schedule to Notice 1257 of 2005 Identified by Map No. 13 of the Schedule to Notice 1257 of 2005 Identified by Map No. 12 of the Schedule to Notice 1257 of 2005 Identified by Map No. 1 of the Schedule to Notice 1257 of 2005 Identified by Map No. 2 of the Schedule to Notice 1257 of 2005 1 EC05b2 known as Umzimvubu 1 Local Municipality I 1 1 Eastern Cape EC05b3 known as Matatiele Local Municipality Eastern Cape MP325 known as Bushbuckridge Local Municipality DC32 known as Ehlanzeni District Municipality NP335 known as Maruleng Local Municipality DC33 known as Mopani District Municipality NW405 known as Merafong City Local Municipality DC40 known as Southern District Municipality DC48 known as West Rand District Municipality DC46 known as Metsweding District Municipality GT02b2 known as Kungwini Local Municipality Mpumalanga ~ Mpumalanga Lirnpopo Limpopo Northwest II 1 North West Gauteng 18 No. 28363 GOVERNMENT GAZETTE,23 DECEMBER 2005 CROSS-BOUNDARY MUNICIF’ALlTIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 A d NO.23, NO5 SCHEDULE 5 Deemed establishment of new municipalities in a province Pl.oposed sectioa 12 notice Proposed designation of municipality Province in which new municipality ir deemed to be established KwaZulu-Natal Designation of former municipality ECOSbl Notice 1756 of 2005 (KwaZulu- KZ5a6 known as Umzimkulu Natal), read with Notice 3253 of Local Municipality (Map No. 8 of the Schedule to Notice 1257 2005 (KwaZulu-Natal) of 2005) KwaZulu-Natal Notice 1756 of 2005 (KwaZulu- DC43 known as Sisonke Disf Natal), read with Notice 344 of triQMunicipality (Map No. 7 o 2000 (KwaZulu-Natal) and the Schedule to Notice 3253 of 2005 (KwaZulu- Notice 1257 of 2005) Natal) Eastern Cape Notice 354 of 2005 (Eastern DC44 known as Alfred Nzo District Municipality (Map No. Cape) 11 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005) EC05b2 known as Umzimvubu Eastern Cape Notice 354 of 2005 (Eastern Local Municipality (Map No. 10 Cape) of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005) Notice 354 of 2005 (Eastern Cape) DC43 DC44 ECOSb2 ECOSb3 known as Matatiele Local Municipality (Map No. 9 of the Schedule to Nouce 1257 of 2005, read with correction Notice 14% of 2005) ~ Eastern Cape kz5a3 Mpumalanga Notice 1286 of 2005 MP325 known as Bushbuck(Mpumalanga), read with Notice ridge Local Municipality (Map No. 6 of the Schedule to Notice 301 of 2000 (Mpumalanga) 1257 of 2005) Notice 1286 of 2005 6 3 2 k n o w n as Ehlanzeni Dis- Mpumalanga (Mpumalanga), read with Notice trict Municipality (Map No. 5 of 301 of 2000 (Mpumalanga) the Schedule to Notice 1257 of 2005) read with Notice 409 of 2005 cb1c6 DC32 Notice 348 of 2005 (Limpopo), (Limpopo) NP335 known as Maruleng Lo- Limpopo cal Municipality (Map No. 4 of the Schedule to Notice 1257 of 2005) Limpopo VP04al Notice 348 of 2005 (Limpopo), DC33 known as Mopani read w t Notice 409 of 2005 ih District Municipality (Map No. 3 of the Schedule to (Limpopo) Notice 1257 of 2005) Notice 651 of 2005 (North West) DC33 NW405 known aa Merafong City Local Municipality (Map No. 14 of the Schedule to Notice 1257 of 2005) North West CBLCl Notice 650 of 2005 (North West) Notice. 4861 of 2005 (Gauteng) DC40 known as Southern District Municipality (Map No. 13 of the Schedule to Notice 1257 of 2005) trict Municipality (Map No. 12 of the Schedule to Notlce 1257 of 2005) North West 1c40 DC48 known as West Rand Dis- Cauteng ZBDCl? 20 No.28363 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 Act NO. 23,2005 Proposed section 12 notice Proposed designation of municipality Province in which new municipality is deemed to be established Gauteng Designation of former municipality CBDCZ District Municipality (Map No. 1 of the Schedule to Notice Gauteng 1 Notice 89 of 2005 (Northern Cape), read w t Notice 32 of ih 2000 (Northern Cape) Local MunjciDalitv (Mau No. 2 of the Schedile tdNotick 1257 of 2005) CBLC2 NC451 known as Moshaweng Local Municipality (Map No. 7 of the Schedule to Notice 1594 of 2005) Northern Cape NWlal