The local government laws amendment bill 2002
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THE LOCAL GOVERNMENT LAWS AMENDMENT BILL, 2002 PowerPoint PPT Presentation


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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

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THE LOCAL GOVERNMENT LAWS AMENDMENT BILL, 2002

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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

  • 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?

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


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 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 Act

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


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

  • 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


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)


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


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 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 Act

  • Legal representation of employees of municipality (clause 47)

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


Schedule

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


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