KwaZulu-Natal
South Africa
South Africa
KwaZulu-Natal Umzimkhulu Alignment Act, 2017
Act 9 of 2017
- Published in KwaZulu-Natal Provincial Gazette 1923 on 7 February 2018
- Assented to on 7 December 2017
- Commenced on 7 February 2018
- [This is the version of this document from 7 February 2018 and includes any amendments published up to 13 September 2024.]
1. Definitions
In this Act, unless the context indicates otherwise-“area of jurisdiction” means the designated area of jurisdiction of the Umzimkhulu Local Municipality;“customary law" means those customs that are regarded to be binding on, and enforceable in respect of, all members of a particular traditional community whether or not recognised as contemplated in this Act;“customs” means traditional practices adhered to by a traditional community, whether or not recognised as contemplated in this Act;“date of incorporation" means 1 March 2006;“Eastern Cape” means the Province of the Eastern Cape;“Gazette" means the official Provincial Gazette of KwaZulu-Natal;“KwaZulu-Natal" means the Province of KwaZulu-Natal;“organ of state" means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;“provincial legislature” means a provincial legislature as contemplated in section 104 of the Constitution of the Republic of South Africa, 1996;“Provincial Legislature” means the Legislature of the Province of KwaZulu-Natal;“provincial public entity” means a provincial public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);“responsible Member of the Executive Council" means the Member of the Executive Council responsible for Local Government in KwaZulu-Natal;“rights and interests” includes, but is not limited to-(a)authorisations, licences, permits and permissions; and(b)the concomitant liabilities, obligations and duties,acquired, allocated, obtained, recognised or vested prior to the commencement of this Act in accordance with any policy, statutory or administrative framework;“this Act" includes regulations made and notices and schedules published as contemplated in this Act;“traditional community” means a community recognised as contemplated in section 4 of the KwaZulu-Natal Traditional Leadership and Governance Act, 2005 (Act No. 5 of 2005);“traditional council” means a council established as contemplated in section 8 of the KwaZulu-Natal Traditional Leadership and Governance Act, 2005 (Act No. 5 of 2005);“traditional institution” means an institution, whether or not recognised as contemplated in this Act, established as contemplated in accordance with the applicable customary law and customs of a traditional community, whether or not recognised as contemplated in section 4 of the KwaZulu-Natal Traditional Leadership and Governance Act, 2005 (Act No. 5 of 2005);“traditional leader” means a person recognised in Chapter 4 of the KwaZulu- Natal Traditional Leadership and Governance Act, 2005 (Act No. 5 of 2005), as a traditional leader; and“Umzimkhulu Local Municipality” means the municipality-(a)established by Provincial Notice 344 of 2000, published in Provincial Gazette 5563 of 2000, as amended by Provincial Notice 1 of 2006, published in Provincial Gazette 6456 of 5 January 2006, issued in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); and(b)which shares municipal executive and legislative authority in its area with the Sisonke District Municipality, as contemplated in section 4 of the KwaZulu-Natal Determination of Types of Municipalities Act, 2000 (Act No. 7 of 2000).2. Application of Act
This Act-3. Policy, statutory and administrative frameworks applicable in Umzimkhulu
Subject to the provisions of this Act, the policy, statutory and administrative frameworks obtaining in KwaZulu-Natal, as amended from time to time, apply to the area of jurisdiction of the Umzimkhulu Local Municipality from the date of commencement of this Act.4. Recognition and continued protection of existing rights and interests
5. Validation of executive and administrative actions
6. Regulatory and other powers
The responsible Member of the Executive Council may-7. Assets
Any movable asset, which has not been transferred to the Provincial Government of KwaZulu-Natal or the Umzimkhulu Local Municipality, as the case may be, is transferred at the commencement of this Act.8. Transitional arrangements
Anything done or regarded to have been done under any provision of a law repealed by section 9 and which may or must be done as contemplated in this Act or a policy, statutory or administrative framework obtaining in KwaZulu Natal, must be regarded as having been done as contemplated in the corresponding provision of this Act or the said policy, statutory or administrative framework obtaining in KwaZulu-Natal.9. Repeal of laws
10. Short title
This Act is called the KwaZulu-Natal Umzimkhulu Alignment Act, 2017.History of this document
07 February 2018 this version
07 December 2017
Assented to
Cited documents 15
Act 15
1. | Local Government: Municipal Structures Act, 1998 | 4369 citations |
2. | Public Finance Management Act, 1999 | 2218 citations |
3. | South African Weather Service Act, 2001 | 780 citations |
4. | Constitution of the Republic of South Africa, 1996 | 603 citations |
5. | Preferential Procurement Policy Framework Act, 2000 | 426 citations |
6. | Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 | 210 citations |
7. | Citation of Constitutional Laws Act, 2005 | 207 citations |
8. | Unemployment Insurance Contributions Act, 2002 | 115 citations |
9. | Occupational Diseases in Mines and Works Amendment Act, 1978 | 20 citations |
10. | Merchant Shipping Amendment Act, 1985 | 16 citations |
11. | Births and Deaths Registration Amendment Act, 2002 | 12 citations |
12. | Patents Amendment Act, 1979 | 8 citations |
13. | Promotion of Youth Affairs Act, 1995 | 1 citation |
14. | Provincial Commissions Act, 1994 | 1 citation |
15. | Provincial Exchequer Act, 1994 | 1 citation |