New laws sent to Ramaphosa to sign
New laws will replace the country’s existing municipal demarcation framework, changing how municipal boundaries and wards are determined.
The National Assembly has passed the Independent Municipal Demarcation Authority Bill, which will now be sent to President Cyril Ramaphosa for assent.
Parliament said the Bill provides for the establishment of an Independent Municipal Demarcation Authority, which will replace the current Municipal Demarcation Board under a new legislative framework.
The proposed law sets out the criteria and procedures that must be followed when determining or redetermining municipal boundaries, as well as when municipalities are divided into wards.
According to Parliament, the legislation is intended to ensure that municipal boundaries contribute to “effective local governance, the equitable and sustainable provision of services, integrated development and economic development.”
One of the key changes is a stronger role for communities in decisions affecting municipal boundaries and wards.
The Bill will bring into effect public participation in boundary determinations and ward delimitation, which allows communities to comment on and object to proposed decisions.
It also establishes a Demarcation Appeals Authority, which would provide a mechanism to challenge certain decisions made during the demarcation process.
The Bill makes changes to how members of the future authority are selected.
Information technology is specifically included among the areas of knowledge and expertise that may be considered when appointing members of the Board.
The selection panel responsible for recommending Board members will also include representatives from the National Assembly oversight committee responsible for local government and the National House of Traditional and Khoisan Leaders, alongside other representatives provided for in the legislation.
The Bill has been in Parliament for several years. The National Assembly first passed it on 30 November 2023 before sending it to the National Council of Provinces (NCOP) for concurrence.
However, the legislation lapsed when the Sixth Parliament ended in May 2024. It was subsequently revived by the NCOP on 29 July 2024.
The NCOP passed the Bill with amendments on 27 November last year.
Following consideration of those changes, the Portfolio Committee on Cooperative Governance and Traditional Affairs recommended that the National Assembly accept the amendments.
The National Assembly has now adopted the committee’s report, concurred with the NCOP amendments and passed the Bill. Parliament said the legislation will now be sent to the President for assent.
If signed into law, the new framework will govern future decisions about South Africa’s municipal boundaries and ward structures, including the processes through which affected communities can participate and challenge certain decisions.
The full bill can be read below:
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