what is the amendment about? 

This bill has introduced amendments to three different Acts impacting local government. They are the Municipal Systems Act, the Municipal Structures Act and the Municipal Property Rates Act. 

Public Consultation Deadline: 31 August 2024. 

Read our submission Read the amendment

How does the bill affect the System’s Act?    

The Municipal Systems Act (Act No. 32 of 2000) is a critical piece of legislation in South Africa’s local government framework. It was enacted to provide the framework for planning, performance management, resource allocation, and administration in municipalities

At least 14 (fourteen) amendments to the Act through the General Laws Amendment Bill have been proposed.

  • so as to include “whip” in the definition of “political office bearer”;
  • to allow for the electronic communication of information concerning community participation;
  • to include growth and climate change scenarios as a core component of the integrated development plan;
  • to provide for the responsibility of national and provincial organs of state to provide inputs into a municipality’s integrated development plan;
  • to provide that the additional needs of women and youth are considered in the consultation and development of the integrated development plan;
  • to provide that the MEC for local government must facilitate the coordination and alignment of integrated development plans across spheres of government;
  • to insert provisions for municipalities to display on their official websites the municipal code and the roles and areas of responsibility of each political structure, political office bearer and the municipal manager;
  • to increase the period for acting as municipal manager;
  • to increase the period within which the MEC for local government must enforce compliance with the provisions for appointment of municipal managers and allow for a municipal council to reconsider the appointment;
  • to increase the period within which the MEC for local government must enforce compliance with the provisions for the appointment of managers reporting directly to municipal managers and allow for a municipal council to reconsider the appointment;
  • to add further requirements concerning the maintenance of records of dismissed staff;
  • to add the Minister of Finance among parties to be consulted before organised local government embarks on negotiations in the bargaining council;
  • to allow for service of documents to be made electronically; to determine on whom legal documents must be served in a municipality;
  • to amend Schedule 2 to require staff members to refrain from committing financial misconduct and to ensure that unauthorised, irregular or fruitless and wasteful expenditure and other losses are prevented;

How does it affect the Structures Act? 

The Municipal Structures Act (Act No. 117 of 1998) is a key piece of legislation in South Africa that outlines the framework for the establishment and functioning of municipalities.

At least 11 (eleven) amendments to the Act through the General Laws Amendment Bill have been proposed.

  • so as to redetermine the date from which to begin the calculation of the period within which a byelection to fill a vacancy in a ward must be held;
  • to provide for the speaker to provide reasons for refusing to call a meeting of the municipal council as requested;
  • to provide for the councillors dissatisfied by the refusal of the speaker or acting speaker to call a meeting of the municipal council, or by the reason or reasons given by the speaker or acting speaker for refusing to call a meeting of the municipal council, to request the MEC for local government in the province to designate a person to call and chair the meeting;
  • to prohibit councillors holding the position of speaker, whip or chairperson of a committee reporting directly to the municipal council from being members of an executive committee or participating in its activities;
  • to prohibit members of executive committees from holding the position of speaker, acting speaker or whip;
  • to provide that if the executive mayor vacates office, the mayoral committee appointed by that executive mayor dissolves and much vacate office;
  • to require metropolitan or local councils to establish ward committees within 120 days after the election of the speaker of the municipal council;
  • to provide the timeframe within which the Municipal Public Accounts Committee must be established; to provide for the participation of traditional or KhoiSan leaders in ward committees;
  • to redetermine and re-adjust the division of functions and powers between district and local municipalities;
  • to redetermine the formula regarding the quota of votes required for a seat in the district council; to provide for an appeals process if the MEC for local government suspends or removes a councillor.

How does the bill affect the Municipal Property Rates Act?    

The Municipal Property Rates Act (Act No. 6 of 2004) is a crucial piece of legislation in South Africa that governs the levying of property rates by municipalities. This Act provides a uniform framework for municipalities to value and rate properties, ensuring fairness, transparency, and accountability in the property taxation process.

There is only one proposed amendment to the Act through the General Laws Amendment Bill have been proposed.

  • so as to allow service of notices of valuation rolls by electronic mail or any appropriate electronic communication