- Government
Gazette 17071
-
- OFFICE
OF THE
PRESIDENT
-
- NO.
12 OF
1996: LOCAL
GOVERNMENT
TRANSITION
ACT
AMENDMENT
ACT,
1996.
-
- No.
530.
29 March
1996
-
- It
is hereby
notified
that the
President
has
assented
to the
following Act
which
is hereby
published
for
general
information:-
-
- No.
12 of
1996: Local
Government
Transition
Act
Amendment
Act, 1996.
GENERAL
EXPLANATORY
NOTE:
-
Words
in bold
type
indicate omissions
from
existing
enactments.
Words in
italics
indicate
insertions
in existing
enactments.
-
- ACT
-
- To
amend
the Local
Government
Transition Act,
1993, so
as to
alter
the
date from
which
the Minister
may
exercise
certain
powers if
an election
is not
-
held,
from
31 March
1996 to
31 August
1996; to
provide that
a transitional
council
or
transitional
metropolitan
substructure
for which
no election
has been
held after
a certain
date
may
be dissolved
by the
Minister;
to confirm
the fact
that
a transitional
council
for
a rural
area of
local
government
must
consist
of
elected
members;
to
provide
that
a transitional
council
or a
transitional
metropolitan
substructure
may
elect
an executive
committee
-
instead
of being
obliged
to elect
an executive
committee;
and
to make
further
provision
in respect
of the
enrolment
of voters
and the
nomination
of candidates;
and to
provide for
matters
in connection
therewith.
-
- (English
text
signed
by the
President.)
(Assented
to 28
March
1996.)
-
- BE
IT ENACTED
by the
Parliament
of the
Republic
of South
Africa,
as follows:-
-
- Amendment
of section
9 of
Act 209
of 1993,
as
amended
by section
4 of
Act
61 of
1995
and section
8 of
Act 89
of 1995
-
- 1.
Section
9 of
the Local
Government
Transition Act,
1993
(hereinafter
referred to
as the
principal
Act),
is
hereby
amended(a)
by the
substitution
for the
words
preceding
paragraph
-
- (a)
of subsection
(1A)
of the
following words:
-
- "If
an election
is not
held before
31 March
1996 31
August
1996,
or if
the Minister
at any time
has
reason
to believe
that
an election
will
not be
held
before
31 March
1996 31
August 1996
in
respect of-";
and
-
- (b)
by the
substitution
for paragraph
(c) of
subsection
(1B)
of the
following
paragraph:
-
- "(c)
Any
transitional
council
or transitional
metropolitan
substructure
or other
such body
for
the
pre-interim
phase
for which
no election
has
been
held
before
or on
31 March
1996
shall
dissolve
on that
day
31 August
1996 may
be
dissolved by
the
Minister
by
notice in
the
Provincial
Gazette
on a
day
specified therein,
and the
duties,
powers
and functions
of such
council,
substructure
or body
shall
from that
day
and until
an election
is
-
held
be exercised
and
performed
by the
chief
executive
officer
concerned,
or by
a person
appointed
by the
Minister
asadministrator
of such
council,
substructure
or body.".
-
- Amendment
of section
10 of
Act 209
of 1993,
as
amended
by
section
5 of
Act
61 of
-
1995
and
section
10 of
Act
89 of
1995
-
- 2.
(1) Section
10 of
the
principal
Act
is hereby
amended
by the
substitution
for paragraph
(iA) of
subsection
(3)
of the
following
paragraph:
-
- "(iA)
the establishment
of a
transitional
council for
a rural
area
of local
government
not falling
within
the area
of jurisdiction
of a
transitional
metropolitan
council
or a
transitional
local
council,
including
the
delimitation
of the
area of
jurisdiction
of such
council
after due
consideration
of the
advice and
written recommendations
of the
Board,
and the
constitution, election,
-
functioning,
powers,
duties,
assets, rights,
employees
and financing
of such
council,
all
the members
of which
shall be
elected
in accordance
with a
system
of
proportional
representation
or of
ward representation
or
of both
proportional
representation
and ward
representation;".
-
- (2)
Subsection
(1) shall
be
deemed
to have
come
into
operation
on 30
-
November
1994.
-
- Amendment
of section
16 of
Act 209
of 1993,
as
amended
by
section
6 of
Act
61 of
-
1995
and
section
14 of
Act
89 of
1995
-
- 3.
Section
16 of
the principal
Act
is hereby
amended
by the
substitution
for the
words
preceding
the
proviso to
subsection
(6) of
the following
words:
-
- "Notwithstanding
anything
to the
contrary
in any
law contained,
a transitional
council
or transitional
metropolitan
substructure
referred
to in
subsection
(1) shall
may elect
an
executive
-
committee
according
to a
system
of proportional
representation
from
among
its
members
an executive
committee to
exercise
such powers
and
perform
such
duties as
such transitional
council
or transitional
metropolitan
substructure
may
determine".
-
Amendment
of Schedule
4 to
Act
209 of
1993, as
amended
by
section
17 of
Act
89 of
1995
-
- 4.
Schedule
4 to
the
principal
Act is
hereby
amended
-
- (a)
by the
substitution
for subparagraph
(d) of
paragraph 1
and the
words following
that
subparagraph
and preceding
the
proviso
of the
-
following
subparagraph and
words:
-
- "(d)
ordinarily
resident
within
the area
of jurisdiction
of a
local
government,
or under
law liable
for the
payment
of assessment
rates,
rent,
service charges
or levies
to the
local
government
concerned,
-
or
to a
local
government,
the
area
of
Jurisdiction
of
which falls
wholly
or partly
within
the area
of
jurisdiction
of the
local government
for which
an election
is
to be
held,
shall
be entitled
to be
included
in the
voters'
roll of
that the
local
government
for
which an
election
is to
be
held and
shall
thereupon
be
-
entitled
to vote
in an
election
for members
of the
council
of such
local
government";
-
- and
-
- (b)
by the
substitution
for subparagraph
(d) of
paragraph 6
of the
following
subparagraph:
-
- "(d)
at 15:00
on the
day
immediately
preceding
nomination
day,
he or
she is
indebted
to the
local
government
concerned
or a
local
government,
the
area
of
jurisdiction
of
which falls
wholly
or partly
within
the area
of
jurisdiction
of the
local
government
for which
an election
is to
be held,
in respect
of any
assessment
rates,
rent,
-
service
charges
or any
other monies
for a
period longer
than
three
-
months;
or". Short
title
-
5.
This Act
shall
be
called
the
Local
Government
Transition
Act Amendment
-
Act,
1996.
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