Organised Local Government Act, 1997

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Jurisdiction
South Africa
Citation
Act 52 of 1997
Date
Language
English
Type
Legislation
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South Africa

Organised Local Government Act, 1997

Act 52 of 1997

  1. [Amended by Local Government Laws Amendment Act, 2002 (Act 51 of 2002) on 5 December 2002]
  2. [Amended by Financial and Fiscal Commission Amendment Act, 2003 (Act 25 of 2003) on 17 October 2003]
(Afrikaans text signed by the President.)ACTTo provide for the recognition of national and provincial organisations representing the different categories of municipalities; to determine procedures by which local government may designate representatives to participate in the National Council of Provinces; to determine procedures by which local government may consult with national and provincial government; to determine procedures by which local government may nominate persons to the Financial and Fiscal Commission; and to provide for matters connected therewith.
SINCE the Constitution requires an Act of Parliament to provide for the recognition of national and provincial organisations representing municipalities;AND SINCE the legislation must determine procedures by which local government may consult with national and provincial government, designate representatives to participate in the National Council of Provinces and nominate persons to the Financial and Fiscal Commission,BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

1. Definitions

(1)In this Act, unless the context indicates otherwise—"Minister" means the Minister for Provincial Affairs and Constitutional Development; (i)"national organisation" means the organisation recognised in terms of section 2(1)(a); (ii)"provincial organisation" means an organisation recognised in terms of section 2(1)(b); (iii)"responsible member" means the member of the Executive Council responsible for local government in the province in question. (iv)
(2)[subsection (2) deleted by section 1 of Act 51 of 2002]

2. Recognition of national and provincial organisations

(1)Subject to section 6, the Minister must, by notice in the Gazette—
(a)recognise one national organisation representing the majority of the provincial organisations contemplated in paragraph (b); and
(b)with the concurrence of the responsible member, recognise one organisation in each province representing the majority of municipalities in the province in question: Provided that all the different categories of municipalities in the province in question are represented in the organisation in question.
(2)
(a)The Minister may withdraw any recognition referred to in subsection (1) if—
(i)the organisation ceases to represent the organisations or municipalities as contemplated in subsection (1) or ceases to comply with any of the criteria contemplated in section 6; and
(ii)the Minister gives the organisation in question 30 days notice of the intended withdrawal.
(b)If the Minister withdraws the recognition of an organisation contemplated in subsection (1)(b), he or she must act with the concurrence of the responsible member.

3. Designation of representatives to participate in National Council of Provinces

(1)Each provincial organisation may nominate not more than six members of municipal councils in writing for designation as representatives to participate in the proceedings of the National Council of Provinces.
(2)
(a)The national organisation must in accordance with criteria determined by it, when necessary, designate not more than 10 persons from the nominees contemplated in subsection (1) as representatives to participate in the proceedings of the National Council of Provinces.
(b)The national organisation may assign the duty to so designate representatives to the head of its administration.
(3)Every designation made in terms of subsection (2) must be communicated to the Secretary of the National Council of Provinces by the head of the administration of the national organisation.
(4)Such communication must be in writing, which may include electronically transmitted print, and must indicate the period or purpose for which the designation is made.
(5)Whenever a vacancy occurs in the number of persons contemplated in subsection (1), the provincial organisation concerned may nominate another person in writing to till the vacancy.

4. Consultation procedure

(1)Consultation between the national organisation and the national and a provincial government takes place at a meeting convened by the Minister.
(2)The Minister may invite any of the provincial organisations to the meeting contemplated in subsection (1).
(3)Despite subsection (1), the national organisation may at any time approach any Minister to consult with the national government.
(4)A provincial organisation may only consult the national government after consultation with the national organisation.
(5)Consultation between a provincial organisation and the provincial government in question takes place at a meeting convened by the responsible member.
(6)The responsible member may invite the national organisation or any other provincial organisation to the meeting contemplated in subsection (5).
(7)Despite subsection (5), a provincial organisation may at any time approach any member of the Executive Council of the province in question to consult with the provincial government.
(8)This section does not preclude consultation by organised local government with any other organ of state as defined in the Constitution.

5. Nomination of persons to Financial and Fiscal Commission

(1)Whenever there is a vacancy on the Financial and Fiscal Commission in respect of members contemplated in section 5(1)(c) of the Financial and Fiscal Commission Act, 1997 (Act No. 99 of 1997), the Minister, within 14 days of receiving the Commission’s notification of the vacancy, must notify the national organisation to request each provincial organisation to nominate one person in writing within 45 days to the national organisation.
(2)
(a)If there is one vacancy, the executive committee of the national organisation must compile a list consisting of no more than four nominees from the nominees contemplated in subsection (1).
(b)If there are two vacancies, the executive committee of the national organisation must compile a list consisting of no more than six nominees from the nominees contemplated in subsection (1).
(3)The executive committee of the national organisation must submit the list to the Minister of Finance within 76 days after receiving notification from the Minister about the vacancy.
[section 5 substituted by section 6 of Act 25 of 2003]

6. Regulations

(1)The Minister may, after consultation with the responsible members and having regard to principles of transparency and equity, make regulations determining criteria other than those contemplated in section 2, for the recognition of the organisation referred to in section 2(1)(a) and the organisations referred to in section 2(1)(b).
(2)The Minister must, in determining the criteria contemplated in subsection (1), take into account all relevant factors, including—
(a)political inclusiveness;
(b)provincial representiveness;
(c)a balance between urban and rural municipalities.

7. Repeal of law and saving

(1)Subject to subsection (2), section 10F of the Local Government Transition Act, 1993 (Act No. 209 of 1993), is hereby repealed.
(2)Any organisation recognised under section 10F of the Local Government Transition Act, 1993 (Act No. 209 of 1993), immediately before the coming into operation of this Act, must be regarded as having been recognised in terms of section 2 of this Act.

8. Short title

This Act is called the Organised Local Government Act, 1997.
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History of this document

17 October 2003 this version
05 December 2002
Read this version
12 November 1997
Commenced
Read this version
06 November 1997
Assented to

Cited documents 1

Legislation 1
1. Constitution of the Republic of South Africa, 1996 585 citations

Documents citing this one 100

Gazette 85
1. Eastern Cape Provincial Gazette dated 2013-03-19 number 2913
2. Eastern Cape Provincial Gazette dated 2014-03-27 number 3146
3. Eastern Cape Provincial Gazette dated 2019-02-18 number 4188
4. Eastern Cape Provincial Gazette dated 2022-06-20 number 4761
5. Free State Provincial Gazette dated 2019-02-08 number 120
6. Gauteng Provincial Gazette dated 2002-10-10 number 339
7. Gauteng Provincial Gazette dated 2010-08-23 number 161
8. Gauteng Provincial Gazette dated 2014-03-27 number 68
9. Gauteng Provincial Gazette dated 2018-03-23 number 82
10. Gauteng Provincial Gazette dated 2018-07-13 number 193
11. Gauteng Provincial Gazette dated 2019-02-13 number 46
12. Gauteng Provincial Gazette dated 2019-07-19 number 237
13. KwaZulu-Natal Provincial Gazette dated 2006-06-08 number 6488
14. KwaZulu-Natal Provincial Gazette dated 2006-10-10 number 6513
15. KwaZulu-Natal Provincial Gazette dated 2012-11-09 number 849
16. KwaZulu-Natal Provincial Gazette dated 2013-05-29 number 954
17. KwaZulu-Natal Provincial Gazette dated 2014-03-27 number 1116
18. KwaZulu-Natal Provincial Gazette dated 2019-02-14 number 2041
19. KwaZulu-Natal Provincial Gazette dated 2023-12-13 number 2632 part 1
20. Limpopo Provincial Gazette dated 2014-03-27 number 2329
21. Limpopo Provincial Gazette dated 2019-02-15 number 2973
22. Mpumalanga Provincial Gazette dated 2014-03-27 number 2275
23. Mpumalanga Provincial Gazette dated 2014-06-30 number 2328
24. Mpumalanga Provincial Gazette dated 2019-02-15 number 3013
25. North-West Provincial Gazette dated 2007-08-07 number 6419
26. North-West Provincial Gazette dated 2008-09-29 number 6538
27. North-West Provincial Gazette dated 2014-03-27 number 7250
28. North-West Provincial Gazette dated 2019-02-19 number 7983
29. Northern Cape Provincial Gazette dated 2014-03-27 number 1790
30. Northern Cape Provincial Gazette dated 2019-02-18 number 2244
31. South Africa Government Gazette Regulation Gazette dated 1998-12-24 number 19621
32. South Africa Government Gazette Regulation Gazette dated 2015-05-08 number 38775
33. South Africa Government Gazette dated 1998-06-29 number 19012
34. South Africa Government Gazette dated 1998-11-27 number 19519
35. South Africa Government Gazette dated 1998-12-18 number 19614
36. South Africa Government Gazette dated 1999-03-31 number 19909
37. South Africa Government Gazette dated 1999-04-28 number 19970
38. South Africa Government Gazette dated 1999-08-06 number 20357
39. South Africa Government Gazette dated 1999-09-10 number 20445
40. South Africa Government Gazette dated 2000-08-23 number 21493
41. South Africa Government Gazette dated 2000-11-20 number 21776
42. South Africa Government Gazette dated 2001-03-31 number 22186
43. South Africa Government Gazette dated 2001-08-31 number 22645
44. South Africa Government Gazette dated 2001-12-06 number 22920
45. South Africa Government Gazette dated 2002-03-15 number 23233
46. South Africa Government Gazette dated 2002-12-05 number 24149
47. South Africa Government Gazette dated 2002-12-13 number 24140
48. South Africa Government Gazette dated 2003-04-02 number 24700
49. South Africa Government Gazette dated 2003-10-17 number 25590
50. South Africa Government Gazette dated 2004-11-05 number 26970
51. South Africa Government Gazette dated 2005-04-22 number 27518
52. South Africa Government Gazette dated 2007-03-28 number 29753
53. South Africa Government Gazette dated 2007-04-26 number 29844
54. South Africa Government Gazette dated 2007-09-07 number 30271
55. South Africa Government Gazette dated 2008-11-27 number 31650
56. South Africa Government Gazette dated 2009-12-11 number 32795
57. South Africa Government Gazette dated 2013-02-08 number 36139
58. South Africa Government Gazette dated 2013-03-07 number 36223
59. South Africa Government Gazette dated 2013-11-14 number 37029
60. South Africa Government Gazette dated 2014-01-10 number 37149 part 1
61. South Africa Government Gazette dated 2014-06-02 number 37712
62. South Africa Government Gazette dated 2014-12-22 number 38374
63. South Africa Government Gazette dated 2016-07-15 number 40140 part 1
64. South Africa Government Gazette dated 2017-07-14 number 40978 part 1
65. South Africa Government Gazette dated 2017-12-01 number 41287 part 1
66. South Africa Government Gazette dated 2019-02-15 number 42230 part 1
67. South Africa Government Gazette dated 2019-07-19 number 237
68. South Africa Government Gazette dated 2020-06-17 number 43440
69. Western Cape Provincial Gazette dated 2000-08-28 number 5571
70. Western Cape Provincial Gazette dated 2000-09-04 number 5577
71. Western Cape Provincial Gazette dated 2000-09-22 number 5588
72. Western Cape Provincial Gazette dated 2000-09-29 number 5598
73. Western Cape Provincial Gazette dated 2001-03-09 number 5684
74. Western Cape Provincial Gazette dated 2004-03-12 number 6115
75. Western Cape Provincial Gazette dated 2011-02-25 number 6851
76. Western Cape Provincial Gazette dated 2011-02-25 number 6852
77. Western Cape Provincial Gazette dated 2011-02-25 number 6853
78. Western Cape Provincial Gazette dated 2011-02-25 number 6854
79. Western Cape Provincial Gazette dated 2011-02-25 number 6855
80. Western Cape Provincial Gazette dated 2011-11-04 number 6921
81. Western Cape Provincial Gazette dated 2012-07-02 number 7010
82. Western Cape Provincial Gazette dated 2013-01-18 number 7080
83. Western Cape Provincial Gazette dated 2014-04-02 number 7246
84. Western Cape Provincial Gazette dated 2015-02-16 number 7353
85. Western Cape Provincial Gazette dated 2015-06-26 number 7412
Judgment 4
1. United Democratic Movement v President of the Republic of South Africa and Others (African Christian Democratic Party and Others Intervening; Institute for Democracy in South Africa and Another as Amici Curiae) (No 1) [2002] ZACC 33 (4 October 2002) 2 citations
2. LA Health Medical Scheme v Horn and Others (385/2013) [2014] ZASCA 72 (29 May 2014) 1 citation
3. Arbeidskroon Boerdery (Pty) Ltd v Mkwanazi and Others (LCC 15/2021) [2021] ZALCC 9 (4 August 2021)
4. Uthukela District Municipality and Others v President of the Republic of South Africa and Others [2002] ZACC 11 (12 June 2002)
Legislation 11
1. National Environmental Management Act, 1998 1784 citations
2. Local Government: Municipal Finance Management Act, 2003 1662 citations
3. Customary Initiation Act, 2021 14 citations
4. KwaZulu-Natal Health Act, 2009 6 citations
5. Gauteng Township Economic Development Act, 2022
6. KwaZulu-Natal Film Commission Act, 2010
7. KwaZulu-Natal Pound Act, 2006
8. KwaZulu-Natal Provincial Health Council Regulations, 2012
9. KwaZulu-Natal Trade and Investment Agency Act, 2010
10. Western Cape Ambulance Services Regulations, 2012
11. Western Cape Land Use Planning Regulations, 2015