Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act

This section adds a definition for “section 17 notice.”

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Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 8 of 2009
Version: Undated source snapshot
Language: en
Updated: 26 Mar 2009
Official source: View official record ↗

amendments to notices commencement legislative amendment municipal administration municipal boundaries municipal governance municipal notices municipal regulation provincial segment public administration statutory application statutory schedules voters' roll

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Statute overview

About this statute

This section adds a definition for “section 17 notice.” This section replaces section 1A of the principal Act with a new section about the Act’s application as amended by the two listed Acts. When applying this Act, due regard must be had to the 2007 and 2009 Constitution Amendment Acts named in the provision. This section amends Section 2 of the principal Act by adding paragraphs that change councillor numbers between two district municipalities and treat certain notices as repealing and issuing notices for disestablished municipalities. The MEC for local government may amend an applicable section 12 notice to regulate consequences of relocating an area, if needed to keep the affected municipalities functioning properly.

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Legal text

Provisions of Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act

Showing 9 of 9

1
Section 1 of the Cross-boundary Municipalities Laws Repeal and Related Matters
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AI-assisted research summary: This section adds a definition for “section 17 notice.”

1. Section 1 of the Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005 (hereinafter referred to as the "principal Act"), is hereby amended by the insertion after the definition of "section 12 notice" of the following definition: 5 " 'section 17 notice' means a notice repealing, amending or replacing a section 12 notice in terms of section 17 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).". Substitution of section 1A of Act 23 of 2005, as inserted by section 1 of Act 24 of 10 2007
2
The following section is hereby substituted for section 1A of the principal Act:
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AI-assisted research summary: This section replaces section 1A of the principal Act with a new section about the Act’s application as amended by the two listed Acts.

2. The following section is hereby substituted for section 1A of the principal Act: "Application of Act as amended by Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2007, and Cross-boundary Municipalities Laws Repeal and Related Matters 15 Amendment Act, 2009
1A
In the application of this Act, as amended by the Cross-boundary
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AI-assisted research summary: When applying this Act, due regard must be had to the 2007 and 2009 Constitution Amendment Acts named in the provision.

1A. In the application of this Act, as amended by the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2007, and the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2009, due regard must be had to the provisions of the 20 Constitution Thirteenth Amendment Act of 2007 and the Constitution Sixteenth Amendment Act of 2009.". 4 No. 32064 Act No. 8, 2009 GOVERNMENT GAZETTE, 26 MARCH 2009 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS AMENDMENT ACT, 2009 Amendment of section 2 of Act 23 of 2005
3
Section 2 of the principal Act is hereby amended by the addition in subsection (4)
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AI-assisted research summary: This section amends Section 2 of the principal Act by adding paragraphs that change councillor numbers between two district municipalities and treat certain notices as repealing and issuing notices for disestablished municipalities.

3. Section 2 of the principal Act is hereby amended by the addition in subsection (4) of the following paragraphs: "(e) Despite any applicable provision of the Local Government: Municipal Structures Act, 1998, and as a result of the demarcation of the Merafong City Local Municipality contemplated in section 5^ of the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2009, the number of councillors of the Dr Kenneth Kaunda District Municipality is reduced by the number of councillors representing Merafong City Local Municipality on that District Municipality and the number of councillors of the West Rand District Municipality is increased by that number. (f) Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the proposed section 17 notice referred to in the first column of Schedule 6 in respect of a disestablished municipality referred to in the second column of Schedule 6 must be regarded as the notice— (i) repealing the section 12 notice that established the municipality referred to in the second column of schedule 6; and issued by the MEC for local government of the province indicated in the third column of Schedule 6.". (ii) Amendment of section 4 of Act 23 of 2005
4
Section 4 of the principal Act is hereby amended by the substitution for subsection
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AI-assisted research summary: The MEC for local government may amend an applicable section 12 notice to regulate consequences of relocating an area, if needed to keep the affected municipalities functioning properly.

4. Section 4 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(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 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 or a municipality from whose area of jurisdiction such relocated area has been removed,". Amendment of Schedule 4 to Act 23 of 2005, as amended by section 2 of Act 24 of 2007
5
Schedule 4 to the principal Act is hereby amended by—
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AI-assisted research summary: Schedule 4 is amended by replacing certain municipality entries with updated names and map references.

5. Schedule 4 to the principal Act is hereby amended by— (a) the substitution for the expressions in the row relating to "NW405 known as the Merafong City Local Municipality" of the following expressions: Identified by Map GT484 known as Gauteng No. 14 of General Merafong City Lo Notice 1490 of 2008 cal Municipality (b) the substitution for the expressions in the row relating to "DC40 known as Southern District Municipality" of the following expressions: Identified by Map DC40 known as Dr North West No. 5 of General Notice 1490 of 2008 Kenneth Kaunda District Municipal ity. (c) the substitution for the expressions in the row relating to "DC48 known as West Rand District Municipality" of the following expressions: Identified by Map DC48 known as No. 4 of General Notice 1490 of 2008 West Rand District Municipality Gauteng 6 No. 32064 Act No. 8, 2009 GOVERNMENT GAZETTE, 26 MARCH 2009 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS AMENDMENT ACT, 2009 Amendment of Schedule 5 to Act 23 of 2005, as amended by section 3 of Act 24 of 2007
6
Schedule 5 to the principal Act is hereby amended by—
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AI-assisted research summary: This section amends Schedule 5 of the principal Act by replacing several listed expressions and refers to inserting Schedule 6 in Act 23 of 2005.

6. Schedule 5 to the principal Act is hereby amended by— (a) the substitution for the expressions in the row relating to "NW405 known as Merafong City Local Municipality" of the following expressions: Notice 5321 of 2008 (Gauteng) GT 484 known as Gauteng Merafong City Lo cal Municipality Map No. 14 of Gen eral Notice 1490 of 2008 GT484 (b) the substitution for the expressions in the row relating to "DC40 known as Southern District Municipality" of the following expressions: Notice 670 of 2008 DC40 known as Dr North West (North West) Kenneth Kaunda District Municipal ity Map No. 5 of General Notice 1490 of 2008 DC40 (c) the substitution for the expressions in the row relating to "DC48 known as West Rand District Municipality" of the following expressions: Gauteng DC48 Notice 5321 of 2008 (Gauteng) DC48 known as West Rand District Municipality Map No.4 of General Notice 1490 of 2008 Insertion of Schedule 6 in Act 23 of 2005
7
The following Schedule is hereby inserted in the principal Act after Schedule 5:
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AI-assisted research summary: This section inserts Schedule 6 into the principal Act and applies specified Act provisions to listed municipalities, with a substitution for the 2009 constitutional reference.

7. The following Schedule is hereby inserted in the principal Act after Schedule 5: Schedule 6 Deemed disestablished municipalities in province Proposed section 17 notice Designation of disestablished municipality Notice 669 of2008 Notice 669 of2008 (North West) (North West) NW405 known as Merafong City Local Mu nicipality (Map No. 14 of the Schedule to Notice 1257 of 2005) Province in which municipality is deemed to be disestablished North West North West Application of Act 23 of 2005 8. (1) Sections 2(4), 4 and 5 of the principal Act apply to the Municipalities referred to in sections 4 and 5 of this Act in accordance with the Constitution Sixteenth Amendment Act of 2009. 8 No. 32064 Act No. 8,2009 GOVERNMENT GAZETTE, 26 MARCH 2009 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS AMENDMENT ACT, 2009 (2) For the purposes of the application of this Act, the expression "sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005", wherever it appears in section 5 of the principal Act, must be substituted by the expression "the Constitution Sixteenth Amendment Act of 2009". Transitional arrangements in respect of 2009 elections

Part

Schedule 6

9
In order to give effect to the Constitution Sixteenth Amendment Act of 2009 and for
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AI-assisted research summary: This section says certain Merafong City voting districts are treated as part of the Gauteng provincial segment of the voters' roll if the Constitution Sixteenth Amendment Act of 2009 starts before the 2009 election date.

9. In order to give effect to the Constitution Sixteenth Amendment Act of 2009 and for purposes of section 24 of the Electoral Act, 1998 (Act No. 73 of 1998), the voting districts in the Merafong City Local Municipality are deemed to be part of the Gauteng provincial segment of the voters' roll, if the Constitution Sixteenth Amendment Act of 2009 comes into operation before the 2009 election date. 5 10 Short title and commencement 10. (1) This Act is called the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2009, and takes effect on the same date as the commencement of the Constitution Sixteenth Amendment Act of 2009. (2) Section 9 is deemed to have come into operation on the day that the 2009 election 15 was proclaimed in terms of sections 17 and 18 of the Electoral Act, 1998 (Act No. 73 of 1998).

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