Promotion of Local Government Affairs Act, 1983

This is the version of this Act as it was from 13 July 1983 to 21 August 1984. Read the latest available version.
Jurisdiction
South Africa
Citation
Act 91 of 1983
Date
Language
English
Type
Legislation
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South Africa

Promotion of Local Government Affairs Act, 1983

Act 91 of 1983

(Afrikaans text signed by State President.)ACTTo make provision for the co-ordination of functions of general interest to local authorities and of those functions of local authorities which should in the national interest be co-ordinated; the establishment of a co-ordinating council for that purpose; the establishment of committees in order to assist the co-ordinating council in the performance of its functions; the establishment of an action committee of the co-ordinating council; the rendering of development aid to local authorities; the establishment of municipal development boards for that purpose; the designation of persons or institutions for purposes of membership of the co-ordinating council; and the improvement of communication between certain committees and local authorities relating to certain matters; and to provide for incidental matters.BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:—

1. Definitions

In this Act, unless the context otherwise indicates—"Administrator" means, for the purpose of—(a)sections 3 and 5, the Administrator of a province;(b)section 17, the Administrator-in-executive committee of the province concerned;"co-ordinating council" means the Council for the co-ordination of Local Government Affairs established by section 2;"Department" means the Department of Constitutional Development and Planning;"Director-General" means the Director-General: Constitutional Development and Planning;"local authority" means any institution or body contemplated in section 84(1)(f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961);"Minister" means the Minister of Constitutional Development and Planning;"municipal development board" means a board established in terms of section 8.

Chapter I
Council for the co-ordination of Local Government Affairs

2. Establishment of Council for the Co-ordination of Local Government Affairs

There is hereby established a council, to be called the Council for the Co-ordination of Local Government Affairs, which shall exercise the powers and perform the functions entrusted or assigned to it in terms of this Act.

3. Constitution of co-ordinating council

(1)The co-ordinating council shall consist of the persons who are ex officio members thereof in terms of subsection (2), and the persons appointed by the Minister as members thereof in terms of subsection (3).
(2)The following persons shall ex officio be members of the co-ordinating council, namely—
(a)the Minister;
(b)the Administrators of the respective provinces;
(c)that member, of each of the four executive committees of the provinces charged with local government affairs;
(d)the Director-General;
(e)the Director-General: Internal Affairs;
(f)the holder of that post in the Department of Finance designated by the Minister of Finance;
(g)the Secretary of the United Municipal Executive of South Africa;
(h)the Secretary of the National ad hoc Committee of the Association of Coloured and Indian Consultative, Local Affairs and Management Committees.
(3)The Minister shall appoint as members of the council—
(a)12 persons nominated by the United Municipal Executive of South Africa: Provided that of the persons so appointed at least five shall be attached to large cities and at least two shall be attached to rural regional authorities as members or employees thereof;
(b)one member of the Institute of Town Clerks of Southern Africa, nominated by that Institute;
(c)one member of the Institute of Municipal Treasurers and Accountants S.A., nominated by that Institute;
(d)one member of the Institute of Municipal Engineers of South Africa, nominated by that Institute;
(e)10 members of the committee referred to in subsection (2)(h), nominated by that committee;
(f)two members of the Association of Management Boards of Rural Coloured Areas, nominated by that Association;
(g)two members of the executive committee of the South African Indian Council nominated by that committee;
(h)in the case of any natural person designated in terms of section 14, that person, and, in the case of any other person or institution so designated, one person in respect of every such person or institution, nominated by such person or institution.
(4)The names of the members of the co-ordinating council appointed in terms of subsection (3) shall be published in the Gazette.
(5)The Minister shall be chairman of the co-ordinating council and if he is absent from any meeting of the council the Administrator designated by the Minister shall preside at such meeting.
(6)The Minister may, after the person or institution in question has nominated a person for this purpose, appoint an alternate member in respect of every member of the co-ordinating council.
(7)A member of the co-ordinating council appointed in terms of subsection (3), and an alternate member appointed in respect of such member in terms of subsection (6), shall hold office for such period not exceeding four years as may be determined by the Minister at the time of his appointment, but shall be eligible for reappointment.
(8)A member or alternate member of the council shall vacate his office—
(a)if his estate is sequestrated or he surrenders his estate in favour of his creditors;
(b)if he is convicted of an offence and sentenced to imprisonment without the option of a fine;
(c)if he is absent from three successive meetings of the council without leave of the chairman;
(d)if he resigns;
(e)if he is removed from office under subsection (9); or
(f)if he ceases to be a member of or to be represented on the institution or body of persons who nominated him as mentioned in subsection (3).
(9)A member of the co-ordinating council appointed in terms of subsection (3) or the alternate member of such member may, at the request of the institution or body of persons who nominated him as mentioned in subsection (3), at any time be removed from office by the Minister if the Minister is of the opinion that there are sufficient reasons for doing so.
(10)If a member or alternate member dies, or by written notice directed to the Minister resigns, or ceases to be a member or or alternate member in terms of subsection (8) or (9), the Minister may, subject to the provisions of subsections (3) and (6), appoint any person in the place of such member or alternate member for the unexpired period of office of such member or alternate member.
(11)Any member or alternate member of the co-ordinating council who is not in the full-time employment of the State shall receive in respect of his services as such a member, out of money appropriated by Parliament for that purpose, such allowances as the Minister may with the concurrence of the Minister of Finance determine either in general or in any particular case.
(12)The Minister shall appoint an officer in the Department to act as secretary of the co-ordinating council.

4. Object and functions of co-ordinating council

The object of the co-ordinating council shall be to advise the Government with regard to the co-ordination of those functions of local authorities which are of general interest to local authorities, as well as those matters relating to local authorities which should in the national interest be co-ordinated, and in order to achieve that object the council may—
(a)make recommendations with regard to those functions which should receive priority in such co-ordination;
(b)make recommendations with regard to the co-ordination of the actions of local authorities when performing particular functions;
(c)make recommendations with regard to the creation of institutions for the performance of functions similar to those performed by local authorities;
(d)make recommendations with regard to the bringing about of uniformity, in so far as it is practicable, of the manner in which such functions should be performed by local authorities;
(e)make recommendations with regard to those functions which should be assigned to, or should be taken away from, local authorities;
(f)make recommendations with regard to the introduction of legislation relating to the functions of local authorities;
(g)make recommendations with regard to the steps which should be taken in order to bring about a better understanding of local authorities and their functions, among members of the public;
(h)make recommendations with regard to the money or sources of income which should be made available for the execution of the recommendations of the co-ordinating council;
(i)with the approval of the Minister, initiate or cause to be conducted and co-ordinate investigations into, studies and surveys of and research on any matter affect local authorities and their functions;
(j)investigate any other matter affecting the functions of local authorities in general which, in the opinion of the co-ordinating council, should be investigated, or which the Government may through the agency of the Minister refer to the co-ordinating council, and submit its findings and recommendations to the Government through such agency;
(k)hear representations of any person with regard to matters affecting local authorities, if the co-ordinating council after the consideration of a memorandum of such person is of the opinion that such representations will be in the interests of local authorities in general; and
(l)in relation to any matter falling within the scope of its functions, consult any person or institution.

5. Committees of co-ordinating council

(1)
(a)There shall be an action committee of the co-ordinating council consisting of—
(i)the Minister, who shall be the chairman;
(ii)that Administrator designated by the Minister;
(iii)one of the persons referred to in section 3(3)(a) nominated for this purpose by the Executive referred to therein;
(iv)the person appointed in terms of in section 3(3)(d);
(v)the Director-general;
(vi)the officer referred to in section 3(2)(f);
(vii)the person appointed in terms of section 3(3)(b);
(viii)the person appointed in terms of section 3(3)(c); and
(ix)one of the members appointed in terms of section 3(3)(e), nominated for this purpose by the committee referred to therein.
(b)The action committee shall, with due regard to the provisions of section 4, determine the agenda of a meeting of the co-ordinating council, and shall in addition perform such functions as may be determined by the council with the approval of the Minister.
(2)
(a)The co-ordinating council may with the approval of the Minister establish committees, consisting of such persons as may be determined by the council, in order to assist the council in the performance of its functions.
(b)The co-ordinating council shall designate a member of a committee so established as chairman of such committee.
(3)The co-ordinating council may allow any member of a committee referred to in subsection (2) who is not a member of the council to attend any meeting of the council at which any matter relating to a function assigned to that committee is dealt with, and may allow such member to take part in the proceedings at such meeting.
(4)A member of a committee of the co-ordinating council who is not in the full-time employment of the State shall in respect of his services as a member of such committee, receive out of money appropriated by Parliament for that purpose, such remuneration and allowances as the Minister may, with the concurrence of the Minister of Finance, determine, either in general or in any particular case.

6. Meetings of co-ordinating council

(1)The Minister shall in consultation with the co-ordinating council determine—
(a)the manner of the calling of, the quorum for and the procedure at meetings of the co-ordinating council; and
(b)the manner in which minutes of the meetings of the council shall be kept, the other records which shall be kept by the council and the manner in which the advice of the council shall, through the agency of the Minister, be submitted to the Government.
(2)Any person may, at the invitation of the chairman of the co-ordinating council, attend a meeting of the council and take part in the discussions at such meeting.

7. Annual report on activities of co-ordinating council

(1)The Director-General shall as soon as is practicable after 31 December of each year frame a report on the activities of the co-ordinating council during the year which ended on that date, and every report framed in terms of this section shall be sent to the Minister and shall be laid upon the Table in the House of Assembly within 14 days after receipt thereof, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days of the commencement of its next ensuing ordinary session.
(2)Such annual report shall contain a summary of all recommendations submitted by the co-ordinating council to the Government during the year in question.

Chapter II
Development aid and advice to local authorities

8. Municipal development boards

The Minister may determine regions and may in respect of each such region establish a board for the rendering of development aid and advice to local authorities situated within the region in question.

9. Constitution of municipal development boards

(1)A municipal development board shall consist of such number of members as may be determined by the Minister from time to time.
(2)
(a)The Minister shall appoint as members of a municipal development board persons who in his opinion are experts on any aspect of local authorities and who in his opinion are capable of making a substantial contribution towards the rendering of development aid to local authorities.
(b)At least one of the members appointed under paragraph (a) shall be an experienced municipal councillor.
(3)The Minister shall designate one of the members of a municipal development board as chairman of the development board and another member as deputy chairman thereof.
(4)A member of a municipal development board shall hold office for such period as may be determined by the Minister at the time of the appointment of such member, but shall be eligible for reappointment: Provided that if in the opinion of the Minister good reasons exist for doing so, he may at any time remove a member from office.
(5)Any member of a municipal development board appointed under subsection (2) or co-opted under section 11(2) who is not in the full-time employment of the State shall in respect of his services as a member of a municipal development board or a committee thereof, receive, out of money appropriated by Parliament for that purpose, such remuneration and allowances as the Minister may, with the concurrence of the Minister of Finance, determine either in general or in any particular case.

10. Object and functions of municipal development boards

The object of a municipal development board shall be to render to local authorities situated in the region in respect of which it has been established development aid so as to render such authorities as soon as is practicable as self-sufficient as possible, and a municipal development board may to that end submit to the Department proposals as to the steps which should be taken.

11. Committees

(1)A municipal development board may, subject to the provisions of subsection (2), from among its own number establish one or more committees to perform any function of the development board.
(2)A municipal development board may with the consent of the Minister co-opt any person who is not a member of that development board as a member of a committee established under subsection (1), whether for a definite or for an indefinite period or for a particular purpose.
(3)The municipal development board concerned shall designate one of the members of a committee as the chairman of such committee.

12. Meetings

A meeting of the municipal development board or of any committee thereof shall be held at such time and place as the chairman of the development board or committee in question may from time to time determine.

13. Annual reports by municipal development boards

The chairman of a municipal development board shall annually submit a report to the Director-General in connection with the activities of the board during the previous year.

Chapter III
General provisions

14. Designation of persons or institutions for purposes of membership of co-ordinating council

If the Minister is of the opinion that any person or institution is capable of making a substantial contribution towards promoting the object of the co-ordinating council and should be appointed to or represented on the council, the Minister may by notice, in the Gazette designate such person or institution for the purpose of paragraph (h) of section 3(3).

15. Delegation

The Minister may, subject to such conditions as he may determine, delegate to an officer in the Department (with a rank not lower than that of deputy director) any or all of the powers conferred upon him by sections 3(12), 6(1)(b) and 11(2).

16. Performance of administrative work

The administrative work connected with the performance of the functions of the co-ordinating council, a municipal development board and any committee of the co-ordinating council or a development board shall be performed by officers and employees of the Department.

17. Improvement of communication between local authorities and certain committees

(1)The Minister may in consultation with the Administrator of any province make regulations which shall be applicable to local authorities situated within the province concerned and which provide for the application by such local authorities of measures aimed at the improvement of communication between such authorities and Coloured and Indian consultative, local affairs and management committees.
(2)Any such regulation may authorize the Administrator to apply any such measure referred to in subsection (1) himself or to take other appropriate steps in its stead if any such authority has failed, after having been directed by the Administrator to do so and on the expiry of a reasonable period after such direction, to apply that measure, and may authorize the Administrator to recover the cost connected with the application of such measure or the taking of such steps from the local authority concerned.
(3)In the event of a conflict between a regulation under this section and an ordinance or a regulation under an ordinance, the first-mentioned regulation shall prevail.

18. Short title

This Act shall be called the Promotion of Local Government Affairs Act, 1983.
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Cited documents 2

Legislation 2
  1. Commissions Act, 1947
  2. Constitution of the Republic of South Africa, 1996

Documents citing this one 128

Gazette 119
  1. Eastern Cape Provincial Gazette dated 2001-01-22 number 708
  2. Eastern Cape Provincial Gazette dated 2004-08-23 number 1198
  3. Eastern Cape Provincial Gazette dated 2008-08-22 number 1963
  4. Eastern Cape Provincial Gazette dated 2013-08-20 number 3013
  5. Eastern Cape Provincial Gazette dated 2016-09-05 number 3729
  6. Gauteng Provincial Gazette dated 2003-02-12 number 39
  7. Gauteng Provincial Gazette dated 2006-08-16 number 301
  8. Gauteng Provincial Gazette dated 2017-05-17 number 116
  9. KwaZulu-Natal Provincial Gazette dated 2004-10-14 number 6295
  10. KwaZulu-Natal Provincial Gazette dated 2006-06-01 number 6487
  11. KwaZulu-Natal Provincial Gazette dated 2015-08-20 number 1471
  12. KwaZulu-Natal Provincial Gazette dated 2015-10-08 number 1521
  13. KwaZulu-Natal Provincial Gazette dated 2019-10-10 number 2129
  14. Limpopo Provincial Gazette dated 2000-12-15 number 653
  15. Limpopo Provincial Gazette dated 2007-09-26 number 1398
  16. Mpumalanga Provincial Gazette dated 2011-06-24 number 1942
  17. South Africa Government Gazette Regulation Gazette dated 1989-07-07 number 11990
  18. South Africa Government Gazette Regulation Gazette dated 1989-10-27 number 12151
  19. South Africa Government Gazette Regulation Gazette dated 1994-06-10 number 15804
  20. South Africa Government Gazette dated 1983-12-09 number 8993
  21. South Africa Government Gazette dated 1984-08-22 number 9375
  22. South Africa Government Gazette dated 1986-03-21 number 10151
  23. South Africa Government Gazette dated 1986-05-02 number 10211
  24. South Africa Government Gazette dated 1986-05-16 number 10233
  25. South Africa Government Gazette dated 1986-05-23 number 10238
  26. South Africa Government Gazette dated 1986-05-30 number 10251
  27. South Africa Government Gazette dated 1986-06-06 number 10261
  28. South Africa Government Gazette dated 1986-06-27 number 10296
  29. South Africa Government Gazette dated 1986-07-04 number 10320
  30. South Africa Government Gazette dated 1986-07-04 number 10336
  31. South Africa Government Gazette dated 1986-07-04 number 10337
  32. South Africa Government Gazette dated 1986-07-18 number 10349
  33. South Africa Government Gazette dated 1986-08-01 number 10370
  34. South Africa Government Gazette dated 1986-08-22 number 10398
  35. South Africa Government Gazette dated 1988-04-15 number 11251
  36. South Africa Government Gazette dated 1988-04-15 number 11259
  37. South Africa Government Gazette dated 1988-08-12 number 11453
  38. South Africa Government Gazette dated 1989-02-03 number 11683
  39. South Africa Government Gazette dated 1989-02-24 number 11707
  40. South Africa Government Gazette dated 1989-09-15 number 12092
  41. South Africa Government Gazette dated 1989-12-29 number 12232
  42. South Africa Government Gazette dated 1990-01-19 number 12256
  43. South Africa Government Gazette dated 1990-04-27 number 12435
  44. South Africa Government Gazette dated 1990-09-21 number 12749
  45. South Africa Government Gazette dated 1990-09-21 number 12750
  46. South Africa Government Gazette dated 1991-02-08 number 13005
  47. South Africa Government Gazette dated 1991-02-22 number 13027
  48. South Africa Government Gazette dated 1991-03-08 number 13052
  49. South Africa Government Gazette dated 1991-03-28 number 13094
  50. South Africa Government Gazette dated 1991-05-22 number 13257
  51. South Africa Government Gazette dated 1991-07-05 number 13355
  52. South Africa Government Gazette dated 1991-07-10 number 13365
  53. South Africa Government Gazette dated 1991-07-12 number 13372
  54. South Africa Government Gazette dated 1991-07-12 number 13373
  55. South Africa Government Gazette dated 1991-11-15 number 13620
  56. South Africa Government Gazette dated 1992-03-11 number 13819
  57. South Africa Government Gazette dated 1992-03-13 number 13809
  58. South Africa Government Gazette dated 1992-03-27 number 13874
  59. South Africa Government Gazette dated 1992-04-10 number 13911
  60. South Africa Government Gazette dated 1992-04-30 number 13943
  61. South Africa Government Gazette dated 1992-06-12 number 14022
  62. South Africa Government Gazette dated 1992-07-16 number 14165
  63. South Africa Government Gazette dated 1992-07-17 number 14155
  64. South Africa Government Gazette dated 1993-04-30 number 14779
  65. South Africa Government Gazette dated 1993-07-02 number 14916
  66. South Africa Government Gazette dated 1993-07-20 number 14983
  67. South Africa Government Gazette dated 1993-07-23 number 14995
  68. South Africa Government Gazette dated 1996-11-15 number 17580
  69. South Africa Government Gazette dated 1998-08-14 number 19158
  70. South Africa Government Gazette dated 1998-10-16 number 19348
  71. South Africa Government Gazette dated 2007-06-04 number 29965
  72. South Africa Government Gazette dated 2007-07-02 number 30034
  73. South Africa Government Gazette dated 2008-10-13 number 31509
  74. South Africa Government Gazette dated 2012-08-23 number 35609
  75. Transvaal Provincial Gazette dated 1986-04-16 number 4439
  76. Transvaal Provincial Gazette dated 1986-04-30 number 4441
  77. Transvaal Provincial Gazette dated 1986-05-14 number 4444
  78. Transvaal Provincial Gazette dated 1986-06-04 number 4447
  79. Transvaal Provincial Gazette dated 1986-07-02 number 4451
  80. Transvaal Provincial Gazette dated 1986-07-09 number 4453
  81. Transvaal Provincial Gazette dated 1986-09-24 number 4465
  82. Transvaal Provincial Gazette dated 1986-11-12 number 4472
  83. Transvaal Provincial Gazette dated 1986-12-31 number 4480
  84. Transvaal Provincial Gazette dated 1987-01-07 number 4481
  85. Transvaal Provincial Gazette dated 1987-02-25 number 4490
  86. Transvaal Provincial Gazette dated 1987-03-11 number 4492
  87. Transvaal Provincial Gazette dated 1987-06-17 number 4510
  88. Transvaal Provincial Gazette dated 1988-05-18 number 4564
  89. Transvaal Provincial Gazette dated 1988-08-10 number 4577
  90. Transvaal Provincial Gazette dated 1989-04-12 number 4616
  91. Transvaal Provincial Gazette dated 1989-07-26 number 4632
  92. Transvaal Provincial Gazette dated 1990-07-25 number 4695
  93. Transvaal Provincial Gazette dated 1990-08-22 number 4700
  94. Transvaal Provincial Gazette dated 1990-11-07 number 4719
  95. Transvaal Provincial Gazette dated 1991-02-06 number 4737
  96. Transvaal Provincial Gazette dated 1991-05-15 number 4756
  97. Transvaal Provincial Gazette dated 1991-06-12 number 4761
  98. Transvaal Provincial Gazette dated 1991-06-19 number 4762
  99. Transvaal Provincial Gazette dated 1992-01-15 number 4801
  100. Transvaal Provincial Gazette dated 1992-06-24 number 4839
  101. Transvaal Provincial Gazette dated 1992-09-02 number 4853
  102. Transvaal Provincial Gazette dated 1992-09-09 number 4855
  103. Transvaal Provincial Gazette dated 1992-11-11 number 4869
  104. Transvaal Provincial Gazette dated 1993-02-01 number 4889
  105. Transvaal Provincial Gazette dated 1993-02-03 number 4887
  106. Transvaal Provincial Gazette dated 1993-03-03 number 4893
  107. Transvaal Provincial Gazette dated 1993-10-27 number 4948
  108. Transvaal Provincial Gazette dated 1994-03-30 number 4988
  109. Transvaal Provincial Gazette dated 1994-04-06 number 4989
  110. Transvaal Provincial Gazette dated 1994-04-13 number 4990
  111. Transvaal Provincial Gazette dated 1994-05-09 number 5002
  112. Transvaal Provincial Gazette dated 1994-06-01 number 5007
  113. Transvaal Provincial Gazette dated 1994-06-22 number 5011
  114. Transvaal Provincial Gazette dated 1994-06-29 number 5013
  115. Transvaal Provincial Gazette dated 1994-07-06 number 5015
  116. Western Cape Provincial Gazette dated 2009-01-23 number 6595
  117. Western Cape Provincial Gazette dated 2010-04-16 number 6728
  118. Western Cape Provincial Gazette dated 2010-12-02 number 6818
  119. Western Cape Provincial Gazette dated 2016-11-28 number 7707
Judgment 4
  1. Administrator of the Province of the Cape of Good Hope and Another v Ikapa Town Council (522/1988) [1990] ZASCA 34 (29 March 1990)
  2. City of Tshwane Metropolitan Municipality v Cable City (Pty) Ltd (232/2008) [2009] ZASCA 87 (10 September 2009)
  3. Greater Johannesburg Transitional Metropolitan Council v Eskom (536/1997) [1999] ZASCA 95 (30 November 1999)
  4. Liebenberg NO and Others v Bergrivier Municipality [2013] ZACC 16 (6 June 2013)
Legislation 5
  1. Businesses Act, 1991
  2. Finance and Financial Adjustments Acts Consolidation Act, 1977
  3. Free State Local Government Laws Rationalisation Act, 2004
  4. Local Government: Municipal Finance Management Act, 2003
  5. Regulation of Gatherings Act, 1993