BRIEFING by mdb towards Preparations for the 2016

Local Government Elections

Acting CEO : Mr M H Manjezi

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BROAD OUTLINE OF THE PRESENTATION

o Purpose

o Legislative mandate

o Vision, Mission and Values

o The legal process

o Broad process and time frames

o Update on ward delimitations

o Update on section 22 municipal boundary re-determinations

o Concluding remarks

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o To update on progress with the ward delimitation process for municipalities not

affected by the Minister’s section 22 proposals

o To update on progress with the section 22 municipal boundary re-determination

process.

PURPOSE

LEGISLATIVE MANDATE

MDB VISION, MISSION AND VALUES

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FUNCTIONARIES IN LEGAL PROCESS

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BROAD PROCESS AND TIMEFRAMES WITHIN THE CURRENT LEGAL FRAMEWORK: 2011 - 2016

Delimitation of municipal Preparation for 2016 localwards elections

Consultation and legal process Consultation and legal process IEC processJune 2011 - October 2013 September 2014 - November 2015 December 2015 - August 2016

2014 2015 2015 20162011 2012 2013

Redetermination of municpalboundaries

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• Ward process in some municipalities discontinued, to first attend to Minister’s request for re-determination of boundaries for some municipalities. Wards can only be delimited once outer boundaries have been finalised.

• From the initial 80 postponed ward consultation meetings only 56 will be postponed until the Board’s decision on the re-determination.

• All ward consultation meetings for municipalities not affected by Minister’s request and the Board’s decision not to proceed with re-determinations , have been completed except for GT which is to be concluded by end May 2015

• Ward delimitation process has been split into two processes. One for wards in municipalities affected by Minister’s request, and one for those not affected.

WARD DELIMITATION

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• Public meetings conducted and finalised.• Closing date for written inputs was 23 March and 10 April 2015.• Meetings convened after end March 2015 have 10 days from meeting date to

make submissions• All submissions received at the public meetings will be mapped, analysed and

submitted to the Board for consideration

WARD DELIMITATION FOR MUNICIPALITIES NOT AFFECTED BY THE REQUEST IN TERMS SECTION 22

WRITTEN SUBMISSIONS RECEIVED AS AT 23 MARCH 2015

PROVINCE NUMBER OF SUBMISSIONS PROVINCE NUMBER OF SUBMISSIONS

EC 107 NW 15

GAUTENG 41 WC 40

KZN 91 MP 23

FS 54 LIM 58

NC 21

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WARD DELIMITATION FOR MUNICIPALITIES NOT AFFECTED BY THE REQUEST IN TERMS SECTION 22 (Cont..)

TIMEFRAMES

ACTIVITIES PROGRESS

Consideration of written and verbal submissions April/May 2015

Publication/ Gazetting of Wards for objections May/June 2015

Publication/Gazetting of final Wards August 2015

Handover of wards to the IEC August 2015

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o The MDB closed the re-determination of municipal boundaries in 2013, to

commence with the ward delimitation process in 2014.

o A requests was received from the Minister in terms of section 22 of the

Demarcation Act, 1998, to re-determine certain municipal boundaries, which

required the review of the MDB’s ward delimitation process and timeframes.

o Section 26 notices were published to invite views and representations from

members of the public.

o The Board considered all views and representations on 20 March 2015.

PROGRESS ON RE-DETERMINATION OF MUNICIPAL BOUNDARIES

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PROGRESS ON RE-DETERMINATION OF MUNICIPAL BOUNDARIES

MDB Circular Municipalities in Province

Newspapers Published date Closing date

2/2015 KZN Isolezwe 6/2/2015 27/2/2015

2/2015 EC Herald 10/2/2015 3/3/2015

2/2015 LIM Sowetan 10/2/2015 3/3/2015

2/2015 NW NewAge 10/2/2015 3/3/20153/2015 MP Sowetan/Beeld 18/2/2015 11/3/2015

3/2015 NC Sowetan/Beeld 18/2/2015 11/3/2015

3/2015 NW New Age 16/2/2015 9/3/2015

2/2015 EC (DEM4500) Die Burger 26/2/2015 20/3/2015

2/2015 EC(DEM4502) VolksbladDie Burger

06/3/201506/3/2015

27/3/201527/3/2015

4/2015 FS Volksblad 17/3/2015 07/4/2015

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PROGRESS ON RE-DETERMINATION OF MUNICIPAL BOUNDARIES FOLLOWING REQUEST IN TERMS OF SECTION 22 OF MDA.

• Eastern Cape – The Board received 6 re-determination proposals in terms of Section 22, published all in terms of Section 26 , received 58 submissions and resolved to conduct public meetings and investigations on 4 re-determination proposals

• Free State - The Board received 2 re-determination proposals in terms of Section 22, published 1 in terms of Section 26 , received 1 submissions and resolved to conduct public meetings and investigations on 1 re-determination proposal

• Gauteng - The Board received 1 re-determination proposal in terms of Section 22

• KwaZulu Natal - The Board received 11 re-determination proposals in terms of Section 22, published all in terms of Section 26 , received 27 submissions and resolved to conduct public meetings and investigations on 1re-determination proposal

• Limpopo - The Board received 5 re-determination proposals in terms of Section 22, published all in terms of Section 26 , received 78 submissions and resolved to conduct public meetings and investigations on 5 re-determination proposals

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PROGRESS ON RE-DETERMINATION OF MUNICIPAL BOUNDARIES FOLLOWING REQUEST IN TERMS OF SECTION 22 OF MDA.

• Mpumalanga– The Board received 5 re-determination proposals in terms of Section 22, published all in terms of Section 26 , received 30 submissions and resolved to conduct public meetings and investigations on 5 re-determination proposals

• North West- The Board received 4 re-determination proposals in terms of Section 22, published all in terms of Section 26 , received 18 submissions and resolved to conduct public meetings and investigations on 4 re-determination proposals ( 1 proposal withdrawn by Minister )

• Northern Cape - The Board received 1 re-determination proposal in terms of Section 22, published 1 in terms of Section 26 , received no submissions and resolved to conduct public meetings and investigations on 1re-determination proposal

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TIMEFRAMES

ACTIVITY PROGRESS

Consideration of section 26 views and representations

Done

Conduct investigations and public meetings April/May 2015

Consider reports from Public meetings and investigations and determinations

May 2015

Determination and publication of section 21 notice notices in provincial Gazettes

June 2015

Final determination and publication section 21(5) notices in provincial Gazettes.

July 2015

PROGRESS ON RE-DETERMINATION OF MUNICIPAL BOUNDARIES FOLLOWING REQUEST IN TERMS OF SECTION 22 OF MDA (Cont..)

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WARD DELIMITATION FOR MUNICIPALITIES DETERMINED /RE-DETERMINED FOLLOWING THE REQUEST IN TERMS SECTION 22

TIMEFRAMES

ACTIVITY PROGRESS

Establishment of municipality August 2015

IEC divides the voters roll into municipal segments August 2015

MEC determine and publish number of councillors August 2015

Preparation of draft wards September 2015

Public meetings on draft wards for all "new" municipalities

September 2015

Consideration of written and verbal submissions September/October 2015

Publication/ Gazetting of Wards for objections October 2015

Publication/Gazetting of final Wards November 2015

Year 2015 2016

Month Jan Feb Mar AprMay Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr

May Jun Jul Aug

Ward delimitation not affected by the Minister's section 22 request

Public meetings Closing date for public submissions Analyses and mapping of public submissions Consideration and publication of wards for objections ito Schedule 1 MSA in Prov. Gazettes Closing of period for objections Analyses and mapping of objections Committee meetings to consider objections and make recommendations to MDB MDB considers objections, and either confirm or vary ward boundaries MDB publishes its final decisions on Provincial Gazettes Hand over of first set of wards to the IEC Re-determination of municipal boundaries Minister submits requests MDB publishes section 26 notices Closing date for section 26 submissions Analyses and mapping of section 26 submissions Feasibility studies MDB takes decisions ito section 27 (redeterminations or public meeting/investigations) Publish section 21 notices, if any Publish section 28 public meeting notices, if any Public meetings Closing of 30 days period for objections on first round of re-determinations, if any Analyses and mapping of first round of sec 21 objections, and public meeting outcomes MDB considers outcomes of sec 28 public meetings and re-determine boundaries Publish section 21 notices for second round of re-determinations Closing of 30 days period for objections on second round of re-determinations, if any Analyses and mapping of second round of sec 21 objections, Publish final decisions on ALL redeterminations in Provincial Gazettes Provide IEC, MECs and Minister of Finance with final municipal boundaries Ward delimitation affected by the Minister's section 22 request IEC divides national common voters' roll into municipal segments for "new" municipalities MECs publish number of councillors for "new" municipalities in Provincial Gazettes MDB prepares first set of ward boundaries with the assistance of provinces and municipalities Public meetings on draft wards for all "new" municipalities Analyses and mapping of public meeting submissions MDB delimits wards and publishes Schedule 1 notices in Provincial Gazettes Objection period ends All ward objections mapped, verified, and reports prepared Committees consider objections and make recommendations to MDB. MDB considers objections and recommendations, and either confirm or vary ward boundaries Final MDB decisions published in Provincial Gazettes. Preparations for local elections Hand over of final wards to the IEC IEC prepares for the elections Minister publishes the election date in the Government Gazette Elections - any day between 18 May 2016 and 16 August 2016

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PROGRESS ON RE-DETERMINATION OF MUNICIPAL BOUNDARIES FOLLOWING REQUEST IN TERMS OF SECTION 22 OF MDA

CHALLENGES AND CONCERNS

• Possible delays emanating from litigation by Baviaans Local Municipality

• Protests in some areas e.g. Dipaleseng (Mpumalanga)

• MEC’s publish the number of councillors timeously and correctly

CONCLUDING REMARKS

•The MDB will be conducting investigations, this is so to ensure that sufficient information is gathered. This requires cooperation from stakeholders and municipalities.

•Unforeseen matters such as threats to challenge the process, court applications, and protests may delay both the redetermination process and the ward delimitation process which are interdependent.

•The timelines agreed upon both Minister of Finance and the IEC may require that the elections date be set towards the end of the 90 days window period.

•Cooperation by key stakeholders in terms of Section 23 of MDA and Section 20 of the MSA particularly towards and during August 2015