• Adami Geldenhuys

Independent Municipal Demarcation Authority Bill 14 of 2022

The Independent Municipal Demarcation Authority Bill 14 of 2022 was introduced to the National Assembly on 21 June 2022. The Bill is available at: https://pmg.org.za/files/B14-2022_Independent_Municipal_Demarcation_Authority.pdf

Prior to its introduction to Parliament, the explanatory summary of the Bill and notice of its intended introduction were published under general notice 1088 in gazette number 46552 dated 15 June 2022.

The Bill seeks to repeal and replace the Local Government: Municipal Demarcation Act 27 of 1998. The following extract from the Memorandum on the Objects of the Bill explains the purpose of the draft legislation:

“In summation, the Bill seeks to—

(a) rename the Municipal Demarcation Board so that the organisation is referred to as the Independent Municipal Demarcation Authority (the ‘‘Authority’’);

(b) provide that the Chief Executive Officer is the accounting officer and that the Chairperson is the executive authority for the purposes of the Public Finance Management Act, 1999 (Act No. 1 of 1999) (‘‘Public Finance Management Act’’);

(c) provide that the Board members, in addition to the current criteria, have to possess appropriate knowledge of or experience in information technology;

(d) provide that the selection panel, for the appointment of members to the Board, includes a representative from the National Assembly and from the National House of Traditional and Khoi-San Leaders in addition to the current composition of the selection panel members;

(e) provide that vacancies which arise on the Board may be filled by persons that were on the initial ‘‘list’’ that was submitted to the President, at the time of the establishment of the Board;

(f) clarify that the term of office of members of the Board is five years, calculated from the date of appointment by the President, but may not exceed a period ending six months into the commencement of the term of the Municipal Councils, after which the Board members are appointed;

(g) ensure that all Board members serve on a part-time basis, except for the Chairperson, who may serve in either a full-time or part-time basis;

(h) ensure that major demarcation, which affects the movement of more than one whole ward in a municipality, may be done only after every 10 years;

(i) deviate from the present norm of 15% to 30%, when delimiting wards, but within strict conditions to avoid the splitting of communities;

(j) provide for the establishment of the Demarcation Appeals Authority to deal with appeals;

(k) provide for more extensive public participation and stakeholder consultation for any demarcation or delimitation;

(l) set timeframes for boundary redeterminations and ward delimitation after considering the programme of the Independent Electoral Commission (‘‘IEC’’);

(m) require the Authority to undertake municipal capacity assessments; and (n) migrate the functions of the current Municipal Demarcation Board as contained in the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) (‘‘Municipal Structures Act’’), to ensure that such functions are provided for in this Bill.”

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Image: Wix

Date posted: 22 June 2022