Organised Local Government Act

12 November 1997 No. 1508. I

12 Novernbtr 19L)- 1[ is herebj notified that the President has assented to the following Act which is hereby published for general infommtion:- Hierby w o r d bekend gemaak dat die P r e s i d e n t . i goedkeurin: geheg bet aan die onderstaande Wet v, at hicrt- ter algemene inligting gepubliseer word:— No, 52 of 1997: Organised Local Govemnlent Act. 1997. N’o. 52 van 1997: Wet op Georganiseerde Plamlike Regerltl; . 1997, ~ so. I S42 I (ioVI RS\I1.K [ (;,\ Z[;TTI:. 1 ? X()\ ’I:\l13[:l{ 1097 ;ict so. 52.1997 ol<G,\xIsE[) 1.0(7,11, Go\/ I-. R\”\l}:)i”I” ;\(’”t-, I 997 ACT To provide for the recognition of national and provincial organisations represent- ing the different categories of municipalities; to determine procedures by }vhicb local government may designate representatives to participate in the National Council of Provinces; to determine procedures by which local government may consult with national and provincial government; to determine procedures by which local government may nominate persons to the Financial and Fiscal Commission; and to provide for matters connected therewith. PREAMBLE SINCE the Constitution requires an Act of Parliament to provide for the recognition of national and provincial organisations representing municipalities; AND SINCE the legislation must determine procedures by which local government may consult with national and provincial government, designate representatives to participate in the National Council of Provinces and nominate persons to [he Financial and Fiscal Commission, (Ajikmlis tc.rt si,gled by the Preside}lt. ) (Assented to 6 Nmember 1997.) B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:— Definitions 1. (1) In this Act, unless the context indicates otherwise— (i) “Minister” means the Minister for Provincial Affairs and Constitutional 5 (ii) Development; (i) “national organisation” means the organisation recognised in terms of section 2( l)(a); (ii) (iii) “provincial organisation” means an organisation recognised in terms of (iv) section 2(1 )(b); (iii) “responsible member” means the member of the Executive Council responsible for local government in the province in question. (iv) 10 (2) For the purposes of this Act and for as long as item 26(1)(a) of Schedule 6 to the Constitution applies, the following are the categories of municipalities: (a) Municipalities established for a metropolitan area as defined in section 1 of 15 the Local Government Transition Act, 1993 (Act No. 209 of 1993); (b) municipalities as contemplated in section 9A of the Local Government Transition Act, 1993 (Act No. 209 of 1993); (c) any local council as defined in section 10B of the Local Government Transition Act, 1993 (Act No. 209 of 1993). Z() Recognition of national and provincial organisations 2. (1) Subject to section 6, the Minister must, by notice in the Ga:ette— (a) recognise one national organisation representing the majority of the provincial organisations contemplated in paragraph (b); and id S(). 52, 1997 OR( ;..\x Is ED [.()[’,!1. (ioVF:l<X\lf; N”I /iCT. 1{1[)7 (b) M ith [he Concurrcnuc of [he wsponsible member. recognise one organisa[ion in each prmincc representing the majority of municipalities in the province in question: Provided [hat all [he ditl’erent categories of municipalities in the province in question are represented in the organisation in question. (2) (a) The Minister may withdraw any recognition referred to in subsection (1) if— 5 (i) [he organisation cc~ses to represent the organisations or municipalities as contemplated in subsection ( I ) or ceases to comply with any of the criteria contemplated in section 6; and (ii) the h’linister gives the orymisation in question 30 days notice of the intended \vithdra\val. I () (b) If the Minister withdraws the recognition of an organisation contempkited in subsection ( I )//~). he or she mu$t act with the concurrence of the responsible member. Designation of representatives to participate in National Council of Provinces 3. (1) Each provincial organisation may nominate not more than six members of municipal councils in writing for designation as representatives to participate in the 15 proceedings of the National Council of Provinces. (2) (a) The national organisation must in accordance with criteria determined by it, when necessary. designate not more [ban 10 persons from the nominees contemplated in subsection ( I ) as representatives to participate in the proceedings of the National Council of Provinces. (b) The national organisotion may assign [he duty to so designate representatives to the head of its administration. (3) Every designation made in terms of subsection (2) must be communicated to the Secretary of the National Council of Provinces by the head of the administration of the national organisation. (4) Such communication must be in writing, which may include electronically transmitted print, and must indicate the period or pu]~ose for which the designation is made. 20 25 (5) Whenever a vacancy occurs in the number of persons contemplated in subsection (1), the provincial organisation concerned may nominate another person in writing to till 30 the vacancy. Consultation procedure 4. (1) Consultation between [be national organisation and the national and a provincial government takes place at a meeting convened by the Minister. (2) The .Minister nmy invite any of the provincial organisations to the meeting 35 contemplated in subsection ( l). (3) Despite subsection ( l), the national organisation may at any time approach any Minister to consult with the national government, (4) A provincial organisation may only consult the national government after consultation with the national organisation. 40 (5) Consultation between a provincial organisation and the provincial government in question takes place at a meeting convened by the responsible member. (6) The responsible member may invite the national organisation or any other provincial organisation to the meeting contemplated in subsection (5). (7) Despite subsection (5), a provincial organisation may at any time approach any 45 member of the Executive Council of the province in question to consult with the provincial government. (8) This section does not preclude consultation by organised local government with any other organ of state as defined in the Constitution. Nomination of persons to Financial and Fiscal Commission 50 5.( 1 ) The nomination of persons for appointment by the President as members of the Financial and Fiscal Commission must take place at a meeting of the executive committee of the national organisation. 6 so, 1s421 [iO\JF.RNAIEN’T [;.lZITTE. i2XOVE\lB[:R IW7 ,ict XO. 52. IY97 ORG/\N1sl:D [.o(’,\f. (;ovrxnfm-r ,\ CT, 1Y07 (2) Each provincial organisation may designate one person in writing for the puqmses of subsection ( 1). (3) The two persons to be nominated for appointment must be determined by means of a secret ballot by the executive committee. (4) Any vacancy which may occur, must he filled in accordance with subsections(I). 5 (2) and (3). Regulations 6. (1) The Minister may, after consultation with the responsible members and having regard to principles of transparency and equity, make regulations determining criteria other than those contemplated in section 2. for the recognition of tbe organisation 10 referred to in section 2(1 )(a) and the organisations referred to in section 2( I )(b). (2) The Minister must, in determining the criteria contemplated in subsection (1), take into account all relevant factors, including- (a) political inclusiveness; (b) provincial representivencss: (c) a balance between urban and rural municipalities. Repeal of law and saving 15 7. (1) Subject to subsection (’2), section 10F of the Local Government Transition Act, 1993 (Act No. 209 of 1993), is hereby repealed. (2) Any organisation recognised under section 10F of the Local Government 20 Transition Act, 1993 (Act No. 209 of 1993), immediately before the coming into operation of this Act. must be regarded as having been recognised in terms of section 2 of this Act. Short title

8. This Act is called the Organised Local Government Act, 1997. 25