Deputy Chairperson, hon Minister for Provincial and Local Government, hon Minister Enver Surty, hon members of the NCOP and special delegates. Good morning.
Ladies, gentlemen and hon members, I must say that the SA Local Government Association, Salga, representing 283 municipalities in South Africa, welcomes this opportunity to address this august House on the occasion of passing into law the Constitution Sixteenth Amendment Bill of 2009. This important piece of legislation paves the way for the reincorporation of one of our member municipalities, which is Merafong City Local Municipality, from the North West province into Gauteng.
In 2002, the Presidential Co-ordinating Council resolved that no municipality should straddle across provincial boundaries. This, effectively, meant that the boundaries of all cross-boundary municipalities had to be reviewed to ensure that they, indeed, fall within one or the other province, but not both - it couldn't be both. In implementing this decision, the Minister for Provincial and Local Government introduced legislation to redetermine the boundaries of certain municipalities and, likewise, the Minister for Justice and Constitutional Development introduced legislation to redetermine provincial boundaries. As a result the following municipalities and provinces were affected: Umzimkhulu Local Municipality; Sisonke District Municipality; Alfred Nzo District Municipality; Umzimvubu Local Municipality; Matatiele Local Municipality; Bushbuckridge Local Municipality; Ehlanzeni District Municipality; Maruleng Local Municipality; Mopani District Municipality; Merafong City Local Municipality; Southern District Municipality, which is now called Dr Kenneth Kaunda District Municipality; the West Rand District Municipality; Metsweding District Municipality; and Ekungwini Local Municipality.
The affected provinces are: KwaZulu-Natal, Mpumalanga, Limpopo, North West and Gauteng. Accordingly, amongst others, Merafong City Local Municipality was incorporated into the North West province in its entirety and became part of the Southern District Municipality which is now Dr Kenneth Kaunda District Municipality. A proposal subsequently surfaced and was approved by the Cabinet for the redemarcation of the boundaries of the Dr Kenneth Kaunda District Municipality to the extent that Merafong City Local Municipality is to be reincorporated into the West Rand District Municipality.
The process of moving Merafong City Local Municipality from the Dr Kenneth Kaunda District Municipality of the North West province to the West Rand District Municipality of Gauteng province has several municipal and provincial boundary implications. The boundary of Dr the Kenneth Kaunda District Municipality will, henceforth, be reduced in that Merafong City Local Municipality will no longer form part thereof. Subsequently, the boundary of the West Rand Local Municipality will, obviously, expand in such a way that Merafong City Local Municipality will be incorporated into its jurisdiction. In view of the fact that the two district municipalities fall within two different provinces, this will, obviously and effectively, give rise to changes in the boundaries of the North West and Gauteng provinces alike.
The Minister for Provincial and Local Government introduced the Cross- boundary Municipalities Law Repeals and Related Matters Amendment Bill, which seeks to provide a legislative framework for the redetermination of the municipal boundaries, and the Minister for Justice and Constitutional Development introduced the Constitution Sixteenth Amendment Bill for the redetermination of the provincial boundaries.
In fulfilling its constitutional mandate, Salga consulted widely on the proposed legislation by circulating the Bill to the relevant local municipalities. A meeting was subsequently convened with the executive mayors, Speakers and municipal managers of the respective municipalities on 8 January 2009 to consider fully the implications of the proposed legislation. The outcome of that meeting indicated overwhelming support for both Bills. Concerns have, however, been raised with regard to the implementation date, transitional arrangements and the financial implications relating to both the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill and the Constitution Sixteenth Amendment Bill.
A number of functions are currently being provided for by the Merafong City on an agency basis for the North West provincial government. These include library services and vehicle licences and, similarly, the provision of health services has been driven at local level, while this arrangement is actually substantially different in Gauteng province. The final implementation date should, amongst others, allow sufficient time to put the appropriate structures and systems in place to ensure a smooth transfer and transition from the North West province to Gauteng province.
We have learnt some lessons in the 2005-06 redemarcation process, and central to this is the agreement reached on the implementation protocol to be entered into between the receiving and the releasing province. In addition, to ensure that the necessary implementation protocol is duly agreed upon and entered into between the North West and Gauteng provinces before the implementation date, it will be critically important that structures at both the technical and political levels are established to facilitate this transition further, with Parliament and, in particular, this select committee playing the general oversight role. Local government must be directly represented as a number of functions that are subject to the transfer are performed at local government level. And, for that matter, the central and overriding purpose would be to ensure a seamless transition and uninterrupted service delivery in respect of those functions and services that will be directly affected by this exercise. This process of reincorporating Merafong City Local Municipality, from the Dr Kenneth Kaunda District Municipality which is in the North West province, into the West Rand District Municipality, which is in Gauteng province, will have serious planning and consequent financial implications for all three municipalities as well as the two affected provinces.
From a planning point of view, I must indicate that various high-level considerations are evident. The receiving municipality, which is the West Rand District Municipality, will have to, obviously, amend its integrated development plan, IDP, to incorporate planning for the Merafong City Local Municipality.
Similarly, the receiving province, which is Gauteng, would have to amend its provincial plan to incorporate development for the Merafong City Local Municipality. The provision of services by the Merafong City Local Municipality on an agency basis on behalf of the Gauteng provincial government and planning on certain specific matters will also required, for example, a review of the municipal IDP.
In conclusion, as Salga, we are fully supportive of this proposed Bill and eagerly awaiting the roll-out of the oversight role of this committee over the implementation process, subsequent to the promulgation of this legislation. I would like to take this opportunity to thank this august House for giving us the opportunity to present it here. I thank you. [Applause.]