Cross-boundary Municipalities Laws Repeal and Related Matters Act

1. In this Act, unless the context indicates otherwise- “cross-boundary municipality” means a municipality envisaged in section 155(6A) of the Constitution of the Republic of South Africa, 1996, as it existed immediately before the commencement of the Constitution Twelfth Amendment Act of 2005; “Municipal Demarcation Board” means the board established by section 2 of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998); “MEC for local government” means the member of the Executive Council of a province responsible for local government in the province; 5 10 4 No. 28363 Act NO. 23,2005 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 “section 12 notice” means a notice provided for in section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998). Consequential arrangements 2. (1) Despite any applicable provisions of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998), and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), the demarcation by the Municipal Demarcation Board as indicated in the second column of Schedule 2 of a municipality indicated in the first column of Schedule 2 is regarded as a demarcation in terms of the Local Government: Municipal Demarcation Act, 1998, of a municipality- (a) with the designation indicated in the third column of Schedule 2; and (b) within the province indicated in the fourth column of Schedule 2. 5 10 (2) ( a ) Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, a section 12 notice referred to in the first column of Schedule 3 in respect of a municipality referred to in the second column of Schedule 3 is regarded as the section 12 notice- 15 (i) of a newly established municipality with the designation indicated in the third column of Schedule 3; and (ii) issued by the MEC for local government of the province indicated in the fourth column of Schedule 3. (b) Despite any applicable provisions of the Local Government: Municipal Structures 20 Act, 1998, any municipality referred to in paragraph (a)(i) is regarded to be the successor in law of the municipality as designated in the second column of Schedule 3. (3) Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), and the Electoral Commission Act, 1996 (Act No. 51 of 1996), an MEC for local 25 government, the Municipal Demarcation Board and the Electoral Commission may take any steps in respect of a municipality referred to in the second column of Schedule 3 to prepare for a general election of all municipal councils in respect of any newly established municipality envisaged by subsection (2). (4) (a) Despite any applicable provisions of the Local Government: Municipal 30 Demarcation Act, 1998 (Act No. 27 of 1998), and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), the proposed demarcation by the Municipal Demarcation Board of a municipality as indicated in the first column of Schedule 4 is regarded as a demarcation in terms of the Local Government: Municipal Demarcation Act, 1998, of a municipality- 35 (i) with the designation indicated in the second column of Schedule 4; and (ii) in the province indicated in the third column of Schedule 4. (b) Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, the proposed section 12 notice referred to in the first column of Schedule 5 in respect of a proposed municipality referred to in the second column of Schedule 5 is 40 regarded as the section 12 notice- (i) of a newly established municipality with the designation indicated in the second column of Schedule 5; and (ii) issued by the MEC for local government of the province indicated in the third column of Schedule 5. 45 (c) Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, any municipality referred to in paragraph (b)(i) is regarded to be the successor in law of the municipality referred to in the fourth column of Schedule 5 . (d) Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000), 50 and the Electoral Commission Act, 1996 (Act No. 51 of 1996), an MEC for local government, the Municipal Demarcation Board and the Electoral Commission may take any steps in respect of a municipality referred to in the second column of Schedule 5 to prepare for a general election of all municipal councils in respect of any newly established municipality envisaged by this subsection. 55 6 No. 28363 Act No. 23,2005 Repeal of laws GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATERS ACT, 2005

3. The laws specified in Schedule 1 are repealed to the extent set out in the third column of Schedule 1. Savings 4. (1) Where a particular area will in future as a result of this Act be relocated in a province (the receiving province) other than the province (releasing province) in which it was located before the commencement of this Act- (a) any licence, permit or authorisation issued; (b) any appointment made to any office; or (c) any right, privilege, obligation or liability acquired, accrued or incurred, in terms of a law applicable in the releasing province will continue to have the force of law until revoked, withdrawn or replaced in terms of a law applicable in the receiving province. 5 10 (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 15 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. Wansitional arrangements regarding the transfer of provincial functions, assets and liabilities 20 5. (1) Where a particular area is relocated from one province (the releasing province) to another province (the receiving province) at the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005- (a) any function exercised or service delivered by the provincial government of the releasing province in the area in question must, subject to subsections (2) 25 and (3), be exercised or delivered by the provincial government of the receiving province; and (b) any asset, right, obligation, duty or liability associated or connected with the exercise of such function or the delivery of such service vests in the provincial government of the receiving province. 30 (2) The provincial government of the releasing province and the provincial government of the receiving province may before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005 enter into an implementation protocol in terms of section 35 of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), in order to provide for- (a) the provincial government of the releasing province to continue exercising a function or delivering a service on an agency basis in the area in question; or the transfer of staff in accordance with applicable labour law from the provincial government of the releasing province to the provincial government of the receiving province. (b) (3) (a) If an agreement on the content of an implementation protocol envisaged in subsection (2) cannot be reached before the commencement of sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005, the matter must be referred to the National Council of Provinces. (b) The National Council of Provinces is mandated to assist the provincial 45 governments concerned in any manner necessary in order to reach agreement within two months after the commencement of sections 2 to 4 of the Constitution 'helfth Amendment Act of 2005. ( c ) If no agreement is reached within the period referred to in paragraph (b), subsection (1) applies without any exception. (d) Where a matter has been referred to the National Council of Provinces as provided for in paragraph (a), the provincial government of the releasing province must continue to exercise any relevant function and deliver any relevant service in the area in question during the two month period referred to in paragraph (b). 50 35 40 8 No.28363 Act NO. 23,2005 GOVERNMENT GAZETIE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MAlTERS ACT, 2005 (4) Where an implementation protocol has been concluded as provided for in subsections (2) and (3), the President's Co-ordinating Council referred to in section 6 of the Intergovernmental Relations Framework Act, 2005, must co-ordinate the implemen- tation of the protocol in question. ( 5 ) (a) Where immovable property vests in the provincial government of a receiving province in terms of subsection (I), the registrar of deeds having jurisdiction must upon the production of a certificate signed by both the premier of the releasing province and the premier of the receiving province, make such entries or endorsements in or on any relevant register, title deed or other document to register such immovable property in the name of the provincial government of the receiving province. (b) No duty, fee or other charge is payable in respect of a registration in terms of paragraph (a). Short title and commencement 6. (1) This Act is called the Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005. (2) Sections 2(3) and (4)(d), and 5 of this Act takes effect on the date of publication of the Act and all other provisions of this Act take effect on a date determined by the President by proclamation in the Gazette. 5 10 15 10 No. 28363 Act No. 23,2005 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 I No. and year of law Act No. 117 of 1998 Act No. 29 of 2000 Act No. 69 of 2000 Act No. 6 of 2005 SCHEDULE 1 Laws repealed (Section 3) I Short title Local Government: Municipal Structures Act, 1998 I Extent of reDeal Section 90 Local Government: Cross-boundary The whole Municipalities Act, 2000 Re-determination of the Boundaries of Cross-boundary Municipalities Act, 2000 The whole. Re-determination of the Boundaries of Cross-boundary Municipalities Act, 2005 The whole 12 No.28363 Act No. 23,2005 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 SCHEDULE 2 Demarcation of newly established municipalities in a province Designation of municipality Demarcation notice and date New designation of mu- nicipality (where applicable) Metropolitan Municipality Ekurhuleni Identified by Map No. 1 ol the Schedule to Notice 1179 of 2005 EKU (Map No. 33 of the Schedule to Notice 1594 of 2005) Province in respect of which de- marcation is deemed Gauteng Metropolitan Municipality Tshwane Identified by Map No. 2 of the Schedule to Notice 1179 of 2005 TSH (Map No. 32 of the Schedule to Notice 1594 of 2005) Gauteng CBDC3 known as Sekhukhune District Municipality Identified by Map No. 10 of the Schedule to Notice 1179 of 2005 DC47 (Map No. 15 of the Schedule to Notice 1594 of 2005) Limpopo CBLC3 known as Greater Marble Hall Local Municipality Identified by Map NO. 11 of the Schedule to Notice I179 of 2005 NPO3a4 (Map No. 16 of the Schedule to Notice 1594 of 2005) CBLC4 known as Greater Groblersdal Local Municipality Identified by Map No. 12 of the Schedule to Notice 1179 of 2005 NP03a5 (Map No. 17 of the Schedule to Notice 1594 of 2005) CBLCS known as Greater Tubatse Local Municipal- ity Identified by Map No. 13 of the Schedule to Notice 1179 of 2005 NP03a6 (Map No. 18 of the Schedule to Notice 1594 of 2005) DC9 known as Frances Baud District Municipality Identified by Map No. 24 of the Schedule to Notice 1179 of 2005 DC9 (Map No. 11 of the Schedule to Notice 1594 of 2005) CBLC7 known as Phokwane Local Municipality CBDCl known as Kgalagadi District Municipality CBLCl known as Ga-Segonyana Cross- boundary Local Municipality NWlal known as Moshaweng Local Municipality Identified by Map No. 25 of the Schedule to Notice 1179 of 2OO5 NC094 (Map No. 12 of the Schedule to Notice 1594 of 2005) Identified by Map NO. 3 of the Schedule to Notice 1179 of 2005 9C45 (Map No. 6 of the Schedule to Notice 1594 )f 2005) Identified by Map No. 4 of the Schedule to Notice 1179 of 2OO5 W452 (Map No. 8 of the ichedule to Notice 1594 )f 2005) Northem Cape Identified by Map NO. 5 of the Schedule to Notice 1179 of 2005 JC451 (Map No. 7 of the Schedule to Notice 1594 )f 2005) Northern Cape Limpopo Limpopo Limpopo Northern Cape Northern Cape Northern Cape 14 No. 28363 Act No. 23,2005 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MlTNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 SCHEDULE 3 Deemed establishment of new municipalities in a province Section 12 notice Designation of municipality Notice 3585 of 2005 (Gauteng) Metropolitan Municipality Ekurhuleni Notice 3584 of 2005 (Gauteng) Metropolitan Municipality Tshwane I Province in which new New designation of mu- municipality nicipality (where appli- is deemed to cable) be estab- lished EKU (Map No. 33 of the Schedule to Notice 1594 of 2005) Gauteng TSH (Map No. 32 of the Schedule to Notice 1594 of 2005) Gauteng GTO2bl known as Nokeng tsa Taemane GT02bl Gauteng Notice 4168 of 2005 (Gauteng) ~~ Notice 4861 of 2005 (Gauteng) Notice 4861 of 2005 (Gauteng) Notice 4861 of 2005 (Gauteng) Notice 302 of 2000 (Northern Province) Notice 302 of 2000 (Northern Province) Notice 302 of 2000 (Northern Province) GT411 known as Mogale City Local Municipality GT412 known as Randfontein Local Municipality GT414 known as Westonaria Local Municipality ~~ ~ ~ CBDC3 known as Sekhukhune District Municipality GT481 (Map No. 30 of the Schedule to Notice 1594 of 2005) GT482 (Map No. 3 1 of the Schedule to Notice 1594 of 2005) GT483 (Schedule 1 to Notice 1998 of 2005, read with map No. 23 of the Schedule to Notice 1179 of 2005) DC47 (Map No. 15 of the Schedule to Notice 1594 of 2005) CBLC3 known as Greater Marble Hall Local Munici- Pality NP03a4 (Map No. 16 of the Schedule to Notice 1594 of 2005) CBLC4 known as Greater GroblersdaI Local Munici- Pality NPO3a5 (Map No. 17 of the Schedule to Notice 1594 of 2005) , I I l Limpopo I . I I Limpopo I Limpopo I ~ Limpopo I , Notice 302 of 2000 (Northem Province) CBLCS known as Tubatse Local Municipality NP03a6 (Map No. 18 of the Schedule to Notice 1594 of 2005) Notice 130 of 2000 (North- em Cape), read with Notice 31 of 2000 (Northern Cape) DC9 known as Frances Baard District Municipality DC9 (Map No. 11 of the Schedule to Notice 1594 of Northem Cape Notice 130 of 2000 (North- em Cape), read with Notice 31 of 2000 (Northern Cape) CBLC7 known as Phokwane Local Municipality NC094 (Map No. 12 of the Schedule to Notice 1594 of Northern Cape Notice 131 of 2000 (North- em Cape), read with Notice 32 of 2000 (Northern Cape) CBDCl known as Kgalagadi District Municipality DC45 (Map No. 6 of the Schedule to Notice 1594 of 2005) Northern Cape Notice 131 of 2000 (North- ern Cape), read with Notice 32 of 2000 (Northern Cape) ~~ CBLCl known as Ga-Segonyana Cross- boundary Local Municipality NC452 (Map No. 8 of the Schedule to Notice 1594 of 2005) Northern Cape 16 No.28363 Act NO. 23,2005 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 SCHEDULE 4 Demarcation of newly established municipalities in a province nicipality (Municipal Demarca- tion Board notice and date) Proposed designation of municipality Province in resDect of which demarcation is deemed Identified by Map No. 8 of the Schedule to Notice 1257 of 2005

1 KZ5a6 known as Umzimkulu Loca

1 Municipality ~ KwaZulu-Natal Identified by Map No. 7 of the Schedule to Notice 1257 of 2005 DC43 known as Sisonke District Municipality ' KwaZulu-Natal Identified by Map No. 11 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005 ~~ Identified by Map No. 10 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005 Identified by Map No. 9 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005 DC44 known as Alfred Nzo Districl Municipality Eastern Cape

1 EC05b2 known as Umzimvubu

1 Local Municipality Eastern Cape I

1 EC05b3 known as Matatiele Local

1 Municipality Eastern Cape Identified by Map No. 6 of the Schedule to Notice 1257 of 2005 MP325 known as Bushbuck- ridge Local Municipality Identified by Map No. 5 of the Schedule to Notice 1257 of 2005 DC32 known as Ehlanzeni District Municipality Identified by Map No. 4 of the Schedule to Notice 1257 of 2005 NP335 known as Maruleng Local Municipality Identified by Map No. 3 of the Schedule to Notice 1257 of 2005 DC33 known as Mopani District Municipality Mpumalanga ~ Mpumalanga L i rn p o p o Limpopo Identified by Map No. 14 of the Schedule to Notice 1257 of 2005 NW405 known as Merafong City Local Municipality Northwest Identified by Map No. 13 of the Schedule to Notice 1257 of 2005 DC40 known as Southern District Municipality Identified by Map No. 12 of the Schedule to Notice 1257 of 2005 DC48 known as West Rand District Municipality North West Gauteng 1 I I Identified by Map No. 1 of the Schedule to Notice 1257 of 2005 DC46 known as Metsweding Dis- trict Municipality Identified by Map No. 2 of the Schedule to Notice 1257 of 2005 GT02b2 known as Kungwini Local Municipality 18 No. 28363 A d NO. 23, NO5 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIF’ALlTIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 SCHEDULE 5 Deemed establishment of new municipalities in a province Pl.oposed sectioa 12 notice Proposed designation of municipality Notice 1756 of 2005 (KwaZulu- Natal), read with Notice 3253 of 2005 (KwaZulu-Natal) Notice 1756 of 2005 (KwaZulu- Natal), read with Notice 344 of 2000 (KwaZulu-Natal) and Notice 3253 of 2005 (KwaZulu- Natal) Notice 354 of 2005 (Eastern Cape) Notice 354 of 2005 (Eastern Cape) Notice 354 of 2005 (Eastern Cape) Notice 1286 of 2005 (Mpumalanga), read with Notice 301 of 2000 (Mpumalanga) Notice 1286 of 2005 (Mpumalanga), read with Notice 301 of 2000 (Mpumalanga) Notice 348 of 2005 (Limpopo), read with Notice 409 of 2005 (Limpopo) Notice 348 of 2005 (Limpopo), read with Notice 409 of 2005 (Limpopo) Notice 651 of 2005 (North West) KZ5a6 known as Umzimkulu Local Municipality (Map No. 8 of the Schedule to Notice 1257 of 2005) DC43 known as Sisonke Dis- triQ Municipality (Map No. 7 of the Schedule to Notice 1257 of 2005) DC44 known as Alfred Nzo District Municipality (Map No. 11 of the Schedule to Notice 1257 of 2005, read with correc- tion Notice 1496 of 2005) EC05b2 known as Umzimvubu Local Municipality (Map No. 10 of the Schedule to Notice 1257 of 2005, read with correction Notice 1496 of 2005) ECOSb3 known as Matatiele Local Municipality (Map No. 9 of the Schedule to Nouce 1257 of 2005, read with correction Notice 14% of 2005) ~ MP325 known as Bushbuck- ridge Local Municipality (Map No. 6 of the Schedule to Notice 1257 of 2005) 6 3 2 k n o w n as Ehlanzeni Dis- trict Municipality (Map No. 5 of the Schedule to Notice 1257 of 2005) NP335 known as Maruleng Lo- cal Municipality (Map No. 4 of the Schedule to Notice 1257 of 2005) DC33 known as Mopani District Municipality (Map No. 3 of the Schedule to Notice 1257 of 2005) NW405 known aa Merafong City Local Municipality (Map No. 14 of the Schedule to No- tice 1257 of 2005) Notice 650 of 2005 (North West) Notice. 4861 of 2005 (Gauteng) DC40 known as Southern Dis- trict Municipality (Map No. 13 of the Schedule to Notice 1257 of 2005) DC48 known as West Rand Dis- trict Municipality (Map No. 12 of the Schedule to Notlce 1257 of 2005) Province in which new municipality ir deemed to be established Designation of former municipality KwaZulu-Natal ECOSbl KwaZulu-Natal DC43 Eastern Cape DC44 Eastern Cape ECOSb2 Eastern Cape kz5a3 Mpumalanga cb1c6 Mpumalanga DC32 Limpopo VP04al Limpopo DC33 North West CBLCl North West 1c40 Cauteng ZBDCl? 20 No.28363 Act NO. 23,2005 GOVERNMENT GAZETTE, 23 DECEMBER 2005 CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND RELATED MATTERS ACT, 2005 Proposed section 12 notice Proposed designation of municipality District Municipality (Map No. 1 of the Schedule to Notice Local MunjciDalitv (Mau No. 2 of the Schedile tdNotick 1257 1 of 2005) NC451 known as Moshaweng Local Municipality (Map No. 7 of the Schedule to Notice 1594 of 2005) Notice 89 of 2005 (Northern Cape), read with Notice 32 of 2000 (Northern Cape) Province in which new municipality is deemed to be established Designation of former municipality Gauteng CBDCZ Gauteng CBLC2 Northern Cape NWlal