The local government laws amendment bill 2002
This presentation is the property of its rightful owner.
Sponsored Links
1 / 17

THE LOCAL GOVERNMENT LAWS AMENDMENT BILL, 2002 PowerPoint PPT Presentation


  • 94 Views
  • Uploaded on
  • Presentation posted in: General

THE LOCAL GOVERNMENT LAWS AMENDMENT BILL, 2002. Presented by the Department of Provincial and Local Government. Why?. Since the December 2000 municipal elections a number of problems emanating from deficiencies in various local government laws have arisen

Download Presentation

THE LOCAL GOVERNMENT LAWS AMENDMENT BILL, 2002

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


The local government laws amendment bill 2002

THE LOCAL GOVERNMENT LAWS AMENDMENT BILL, 2002

Presented by the

Department of Provincial and Local Government


The local government laws amendment bill 2002

Why?

  • Since the December 2000 municipal elections a number of problems emanating from deficiencies in various local government laws have arisen

  • Some of these issues are serious and hamper effective functioning of municipalities

  • Omnibus Bill includes amendments to a number of Statutes in order to address these issues


What does the bill contain

What does the Bill contain?

The Bill has seven chapters:

  • Amendment of Organised Local Government Act, 1997

  • Amendment of Remuneration of Public Office Bearers Act, 1998

  • Amendment of Municipal Demarcation Act, 1998

  • Amendment of Municipal Structures Act, 1998

  • Amendment of Municipal Systems Act, 2000

  • Amendment of Municipal Structures Amendment Act, 2000

  • Miscellaneous Matters

  • Schedule


Critical provisions

CRITICAL PROVISIONS


Amendment of remuneration of public office bearers act

Amendment of Remuneration of Public Office Bearers Act

  • Amendment to authorise expenditure by Gauteng and Western Cape on councillor allowances, that were legally paid in 1998/99 were it not for being done ultra vires the Act (clause 2)


Amendment of municipal structures act

Amendment of Municipal Structures Act

  • Amendment to provide certainty re validity of Cape Valuation Ordinance. Valuations i.t.o. Ordinance are challenged and Parliament adopted resolution to adopt legislative measures (critical issue - clause 23)


Amendment of municipal structures act1

Amendment of Municipal Structures Act

  • Provision for out of pocket expenses for traditional leaders (critical issue to encourage participation) (clause 20)


Amendment of municipal systems act

Amendment of Municipal Systems Act

  • Section 118: Amendment of provision relating to transfer of properties: alignment with Registrar of Deeds’ requirements

  • Exemption from rates clearance certificates for first time buyers of property financed by State (critical issue requested by Housing - clause 49)

  • Exemption also applicable to conversion of land tenure rights into ownership


Amendment of municipal structures amendment act 2000

Amendment of Municipal Structures Amendment Act, 2000

  • Extension of transitional period until end June 2003 to ensure continuity for purposes of authorised powers and functions until end of municipal financial year (critical issue - clause 52)


Other important provisions

OTHER IMPORTANT PROVISIONS


The local government laws amendment bill 2002

Amendment of Municipal Structures Act

  • Provision for acting mayors where no deputy mayors are provided for (clauses 17 and 18)

  • Amendment of provision pertaining to authorisation notices (sec 84) - clarify revocation and regulation by Minister (clause 21)


The local government laws amendment bill 2002

Amendment of Municipal Systems Act

  • Definitions (including municipal service) (clause 40)

  • Amendment to regulate process related to municipalities’ power to levy fees, charges and tariffs (clause 43)

  • Amendment to streamline review of service provision mechanisms (request from DWAF - clause 45)


Other provisions

OTHER PROVISIONS


Amendment of municipal demarcation act

Amendment of Municipal Demarcation Act

  • Technical amendments to definitions (clause 3)

  • Decrease in number of Board members (clause 4)

  • Amendment of Work programme (clause 7)

  • Streamlining of processes (clauses 5,6,8)


Amendment of municipal structures act2

Amendment of Municipal Structures Act

  • Technical amendments, including corrections to Afrikaans text, consequential amendments and technical amendments to election provisions as requested by IEC

  • Provision for uncontested ward elections (clause 25)


Amendment of municipal systems act1

Amendment of Municipal Systems Act

  • Legal representation of employees of municipality (clause 47)

  • Amendment to Code of Conduct for councillors - arrears (clause 50)


Schedule

Schedule

  • Repeals provincial legislation pertaining to registration of properties and clearance certificates, in view of Systems Act provision (sec 118) - creating legal certainty.


  • Login