South Africa
Promotion of Local Government Affairs Act, 1983
Act 91 of 1983
- Published in Government Gazette 8804 on 13 July 1983
- Assented to on 30 June 1983
- Commenced on 13 July 1983
- [This is the version of this document from 20 July 1993.]
- [Amended by Promotion of Local Government Affairs Amendment Act, 1984 (Act 116 of 1984) on 22 August 1984]
- [Amended by Promotion of Local Government Affairs Amendment Act, 1985 (Act 45 of 1985) on 24 April 1985]
- [Amended by Local Government Affairs Amendment Act, 1985 (Act 110 of 1985) on 6 September 1985]
- [Amended by Promotion of Local Government Affairs Amendment Act, 1986 (Act 79 of 1986) on 4 July 1986]
- [Amended by Constitutional Laws Amendment Act, 1987 (Act 32 of 1987) on 8 July 1987]
- [Amended by Constitutional Laws Amendment Act, 1988 (Act 43 of 1988) on 15 April 1988]
- [Amended by Promotion of Local Government Affairs Amendment Act, 1988 (Act 82 of 1988) on 13 July 1988]
- [Amended by Local Government Affairs in Free Settlement Areas Act, 1988 (Act 103 of 1988) on 1 August 1989]
- [Amended by Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991) on 30 June 1991]
- [Amended by Promotion of Local Government Affairs Amendment Act, 1991 (Act 109 of 1991) on 5 July 1991]
- [Amended by Provincial and Local Authority Affairs Amendment Act, 1992 (Act 134 of 1992) on 15 July 1992]
- [Amended by Local Government Affairs Amendment Act, 1993 (Act 56 of 1993) on 1 April 1993]
- [Amended by Local Government Affairs Second Amendment Act, 1993 (Act 117 of 1993) on 20 July 1993]
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)sections 7F, 17, 17A and 17B, the Administrator-in-executive committee of the province concerned;[definition of "Administrator" amended by section 1 of Act 116 of 1984 and by section 1(a) of Act 110 of 1985]"co-ordinating council" means the Council for the co-ordination of Local Government Affairs established by section 2;"demarcation board" means the Demarcation Board for Local Government Areas established by section 7A;[definition of "demarcation board" inserted by section 1(b) of Act 110 of 1985]"Department" means the Department of Planning, Provincial Affairs and National Housing;[definition of "Department" substituted by section 1(a) of Act 109 of 1991]"development board" [definition of "development board" inserted by section 1(a) of Act 45 of 1985 and deleted by section 1 of Act 56 of 1993]"Director-General" means the Director-General: Planning, Provincial Affairs and National Housing;[definition of "Director-General" substituted by section 1(b) of Act 109 of 1991]“free settlement area” [definition of “free settlement area” inserted by section 23(a) of Act 103 of 1988 and deleted by section 52 of Act 108 of 1991];"local authority" means any institution or body contemplated in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961), and includes—(a)a board of management or board referred to in section 1 of the Rural Areas Act (House of Representatives), 1987 (Act No. 9 of 1987);(b)a regional services council;(c)any local government body established by virtue of the provisions of section 30(2)(a) of the Black Administration Act, 1927 (Act No. 38 of 1927);(d)a local authority as defined in the Black Local Authorities Act, 1982 (Act No. 102 of 1982);(e)any local council established under section 2 of the Local Councils Act (House of Assembly), 1987 (Act No. 94 of 1987).[definition of "local authority" substituted by section 1(b) of Act 45 of 1985 and by section 1 of Act 82 of 1988]"Minister" means the Minister of Planning, Provincial Affairs and National Housing;[definition of "Minister" substituted by section 1(c) of Act 109 of 1991]“municipal area” means—(a)a municipal area as defined in section 2 of the Municipal Ordinance, 1974 (Ordinance No. 20 of 1974 (Cape of Good Hope));(b)a municipality as defined in—(i)section 2 of the Local Government Ordinance, 1939 (Ordinance No. 17 of 1939 (Transvaal));(ii)section 1 of the Local Government Ordinance, 1962 (Ordinance No. 8 of 1962 (Orange Free State)); or(iii)section 1 of the Local Authorities Ordinance, 1974 (Ordinance No. 25 of 1974 (Natal)); or(c)an area in respect of which a local authority as defined in section 1 of the Black Local Authorities Act, 1982 (Act No. 102 of 1982), has jurisdiction;[definition of “municipal area” inserted by section 23(b) of Act 103 of 1988]"municipal development board" means a board established in terms of section 8."regional services council" means a regional services council established under section 3 of the Regional Services Councils Act, 1985 (Act No. 109 of 1985).[definition of "regional services council" added by section 6(b) of Act 43 of 1988]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
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—5. Committees of co-ordinating council
6. Meetings of co-ordinating council
7. Annual report on activities of co-ordinating council
Chapter IA
Demarcation Board for Local Government Areas
[Chapter IA inserted by section 2 of Act 110 of 1985]7A. Establishment of Demarcation Board for Local Government Areas
7B. Co-option of persons to serve in demarcation board
7C. Executive committee of demarcation board
7D. Committees of demarcation board
7E. General powers of demarcation board
7F. Functions of demarcation board
7G. Investigation by demarcation board
7H. Meetings of demarcation board
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
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
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), 7A(12) and 11(2).[section 15 substituted by section 3 of Act 110 of 1985]16. Performance of administrative work
The administrative work connected with the performance of the functions of the co-ordinating council, a municipal development board, the demarcation board and any committee of the co-ordinating council, a municipal development board or the demarcation board shall be performed by officers and employees in the public service.[section 16 substituted by section 4 of Act 110 of 1985 and by section 4 of Act 82 of 1988]17. Improvement of communication between local authorities and certain committees
17A. Certain powers to be exercised by Administrator in accordance with directives determined by Minister
17B. Additional rights, powers, functions, duties and obligations of management bodies
17C. Assignment of functions by local authorities
17D. Local authority may form company and acquire shares therein
17E. Local authority may transfer or second officer or employee to or place his services at the disposal of company
A local authority may, with effect from a date determined by such local authority, with the consent of the officer or employee concerned, transfer or second any of its officers or employees to or place his services at the disposal of any company referred to in section 17D: Provided that in the event of a transfer such officer or employee shall be employed by the company concerned on such terms and enjoy such rights and privileges as are not less favourable than those applicable to him at the time of such transfer.[section 17E inserted by section 2 of Act 109 of 1991]17F. Agreements
17G. Delegation of certain powers of Ministers
18. Short title
This Act shall be called the Promotion of Local Government Affairs Act, 1983.History of this document
20 July 1993 this version
01 April 1993
15 July 1992
05 July 1991
30 June 1991
01 August 1989
13 July 1988
15 April 1988
08 July 1987
04 July 1986
06 September 1985
24 April 1985
22 August 1984
13 July 1983
30 June 1983
Assented to
Cited documents 2
Act 2
1. | Constitution of the Republic of South Africa, 1996 | 12681 citations |
2. | Commissions Act, 1947 | 337 citations |
Documents citing this one 131
Gazette 122
Act 5
1. | Local Government: Municipal Finance Management Act, 2003 | 1797 citations |
2. | Businesses Act, 1991 | 511 citations |
3. | Regulation of Gatherings Act, 1993 | 136 citations |
4. | Finance and Financial Adjustments Acts Consolidation Act, 1977 | 73 citations |
5. | Free State Local Government Laws Rationalisation Act, 2004 |