Beyond Boundaries

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2014/15

ANNUAL REPORT

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Beyond Boundaries

BOUNDARY RE-DETERMINATION AND WARD

DELIMITATION

Briefing to the Select Committee on Co-operative

Governance and Traditional Affairs on preparation and

readiness for 2016 Local Government Elections

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Ms MJJ ThupanaChairperson: Municipal Demarcation Board

Date: 12 April 2016Time: 10:00Venue: Committee Room: G23 Ground floor Parliament

Beyond Boundaries

OUTLINE• Purpose

• Mandate and Legislative framework

• Section 22 determinations and re-determinations (2015)

– Final decisions after consideration of objections

– Number of municipalities on election day 2016

• Ward delimitation

– Process

– Status

• Other Demarcation Issues (including challenges and

lessons learned out of the processes).

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PURPOSE

To:

• Outline Board’s legal framework and introduce Board

members;

• Inform members of the status of municipal boundaries;

• inform members of the status of ward delimitation;

• Update members on progress dealing with community

protest actions and other challenges

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LEGAL FRAMEWORK

o Municipal Demarcation Board is an independent constitutional

body (Section 155 of the Constitution) and performs its functions in

terms of

• The Constitution of the RSA (1996)

• Municipal Demarcation Act (MDA),No 27 of 1998

• Municipal Structures Act (MSA),No 117 of 1998

o The Board performs its function without fear, favour or prejudice

o Since 1999, MDB has been in the forefront of spatialtransformation agenda to:

• rationalize municipalities to overcome the legacy of separatedevelopment,

• contribute to spatial transformation and spatial justice, and

• enable integrated, sustainable and developmental localgovernment system.

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LEGISLATIVE MANDATE

• Section 155(3)(b) of the Constitution

• Section 4(a) of the Municipal Demarcation Act 27 of 1998 (“MDA”)

• Section 4 of the Municipal Structures Act 117 of 1998 (“MSA”) provides for categorisation of municipalities

Determination of municipal outer boundaries

• Schedule 1 to the MSA – MDB, after consultation with the Electoral Commission must delimit wards for purposes of local elections

Delimitation of municipal ward boundaries

• Section 85 of MSA provides for the MDB to assess municipal capacity when determining boundaries

• Impact analysis and evaluation: Opportunity to evaluate impact of Board decisions

Assessment of municipal capacity

• Section 4(b) of the MDA

• Opportunity to follow through on implementation of municipal boundary redeterminations

Rendering of advisory services to stakeholders

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AC

BBB

Municipal Boundary

Redetermination and Review

LOCAL

GOVERNMENT

ELECTIONS

•New Boundaries change take effect

MEC’S establish municipalities in terms

of section 12 MSA

• Outcome possibilities

• Re-alignment and adjustment

• Consolidation and Annexation

• Amalgamation and recategorization

• Reviewed Munic boundaries handed to IEC

• IEC delimit voting districts and register voters

• National common voters roll divided into municipal

segments by IEC

• National and Provincial Elections takes place

• The term of Board end

Inner/Ward Delimitation Process: 2013-2015

• Minister determines the formula for the wards

• MEC determines No. of councillors

• MDB delimits wards: Norm is used and 15%

deviation is allowed.

• Final wards to IEC to prepare voters roll and VD’s

for local election.

Municipal Territory Boundary Review:

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KEY FUNDAMENTALS

• Reverse apartheid geography;

• Contribute spatial transformation and spatial

justice for all;

• Advance integration of communities;

• Deepen democracy through crafting of electoral

wards; and

• Enable gradual realisation of sustainable and

developmental local government.

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MEMBERS OF MDB (2014 – 2019)

The following Board members were appointed by the StatePresident and took office on 20 February 2014:

– Ms Jane Thupana (Chairperson)

– Mr Ahraf Adam (Deputy Chairperson)

– Prof Isobel Konyn

– Ms Shivon Wiggins

– Ms Mmatsie Mooki

– Ms Nompumelelo Mpofu

– Mr Maruping Wildebees

– Mr Lebina Tsotetsi

– Mr Simphiwe Dzengwa

The Chairperson is full time while the rest of the members arepart time.

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INSTITUTIONAL ARRANGEMENTS

• THE BOARD

The Board is led by an Executive Chairperson, and discharges itsduties through subcommittees of the Board which are:

– Executive Committee

– Policy and Research Committee

– Boundaries, Powers and Functions Committee

– Remuneration and Human Capital Committee

– Audit and Risk Committee

• ADMINISTRATION

The administration supports the Board and is led by the ChiefExecutive Officer who is the Accounting Officer. The institution hasfour programmes which are:

– Operations

– Research and Knowledge management

– Finance

– Corporate Services

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VISION, MISSION AND VALUES

VISION

• The leading demarcation and spatial knowledge hub

MISSION

• To produce municipal and ward boundaries that are functional beyond reproach andcontributes towards a responsive spatial configuration, including municipal capacityassessments that lay the foundation for a developmental local government.

VALUES

• Independence

• Fairness, transparency and integrity

• Stakeholder engagement

• Knowledge sharing

• Good Governance

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SECTION 22 RE-DETERMINATION AND DETERMINATION

OF MUNICIPAL BOUNDARIES: 2015

• For the first time since the MDB was established,

section 22(2) was invoked by the Minister.

• Of the 34 proposals that were received by the

MDB, 13 were finally approved.

• The rest were turned down for various reasons,

including limited time available to conclude them

before the 2016 local elections.

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SECTION 22 RE-DETERMINATION AND

DETERMINATION OF MUNICIPAL BOUNDARIES (2015)

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RE-DETERMINATION AND DETERMINATION OF MUNICIPAL

BOUNDARIES

Final decisions after consideration of objections

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EASTERN CAPE

Reference

number

FINAL RE-DETERMINATION

DEM4502 Amalgamation of Gariep Local Municipality

(EC144) and Maletswai Local Municipality

(EC143)

DEM4503 Amalgamation of Nxuba Local Municipality

(EC128) and Nkonkobe Local Municipality

(EC127)

DEM4505 Amalgamation of Inkwanca Local Municipality

(EC133), Tsolwana Local Municipality (EC132),

and Lukhanji Local Municipality (EC134)

KWAZULU-NATAL

DEM4522 Small portion moved from Mpofana Local

Municipality (KZN223), Umgungundlovu

District Municipality (DC22), included into

Umvoti Local Municipality (KZN245) and

Umzinyathi District Municipality (DC24)

FREE STATE

DEM4542 Amalgamation of Mangaung Metropolitan

Municipality (MAN), Xhariep District

Municipality (DC16) and Naledi Local

Municipality (FS164)

LIMPOPO

DEM4519 Disestablishment of Mutale Local Municipality

(LIM342), and portions thereof included into

Thulamela Local Municipality (LIM343),

Makhado Local Municipality (LIM344), and

Musina Local Municipality (LIM341) and the

establishment of a new local municipality to

the South East of Vhembe District

Municipality.

DEM4531 Disestablishment of Aganang Local

Municipality (LIM352), portions included into

Blouberg Local Municipality (LIM351),

Molemole Local Municipality (LIM353) and

Polokwane Local Municipality (LIM354).

DEM4533 Amalgamation of Fetakgomo Local

Municipality (LIM474) and Greater Tubatse

Local Municipality (LIM375)

DEM4534 Amalgamation of Modimolle Local

Municipality (LIM365) and Mookgopong

Local Municipality (LIM364)

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RE-DETERMINATION AND DETERMINATION OF MUNICIPAL BOUNDARIES

Final decisions after consideration of objections(cont…)

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MPUMALANGA

DEM4537 Amalgamation of Umjindi Local Municipality (MP323) and Mbombela Local Municipality

(MP322)

NORTHERN CAPE

DEM4513 Amalgamation of Mier Local Municipality (NC081) and //Khara Hais Local Municipality

(NC083)

NORTH WEST

DEM4517 Amalagamation of Tlokwe Local Municipality (NW402), and Ventersdorp Local Municipality

(NW401)

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283

278

267

257

2006 2011 2016 (PRE S22) 2016

REDUCTION IN NUMBER OF MUNICIPALITIES SINCE

2006 LOCAL ELECTIONS

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RE-DETERMINATION AND DETERMINATION OF

MUNICIPAL BOUNDARIES

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Number of municipalities on election day 2016

PROVINCE CATEGORY A CATEGORY B CATEGORY C TOTAL

EC 2 31 6 39

FS 1 18 4 23

GT 3 6 2 11

KZN 1 43 10 54

LIM 0 22 5 27

MP 0 17 3 20

NC 0 26 5 31

NW 0 18 4 22

WC 1 24 5 30

TOTAL 8 205 44 257

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EC705

FS309

GT529

KZN870

LIM566

MP400

NW407

NC204

WC402

EC FS GT KZN LIM MP NW NC WC

WARD DELIMITATION STATUS: DECEMBER 2015

PROVINCE

LOCAL & METROPOLITANMUNICIPALITIES

2016 WARDS 2016

Eastern Cape 33 705

Free State 19 309

Gauteng 9 529KwaZulu-

Natal 44 870

Limpopo 22 566Mpumalanga 17 400

North West 26 407Northern

Cape 18 204Western

Cape 25 402

TOTAL 213 4392

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WARD DELIMITATION PROCESS STATUS: JANUARY

2016 (cont…)

• Ward delimitation process was completed in

December 2015.

• All wards were handed to the IEC in December

2015.

• The IEC has commenced with preparation of LG

elections.

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DEMARCATION ISSUES AND COMMUNITY PROTEST

ACTIONS (SLIDE 1 OF 2)

Queries and Complaints

• After concluding the two processes MDB receivedseveral queries, complaints and clarifications about thefinalised municipality and ward boundaries.

• Some of the queries/complaints were received throughIntelligence Reports, COGTA, IEC (during voterregistration).

• Some queries/complaints were seeking clarity whileothers were from communities who were not happywith their municipality or wards boundaries.

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DEMARCATION ISSUES AND COMMUNITY PROTEST ACTIONS

(SLIDE 2 OF 2)

Queries and Complaints

• Many of the queries/complaints are from individualswho did not participate in the consultative processes.

• Some are linked to communities dissatisfied withprovincial boundaries e.g. Matatiele and Flagstaff, andTraditional Authorities wishing to have theircommunities contained in same wards.

• Some protests were driven my misinformation aboutward boundaries e.g. Denver Hostel;

• While some are from communities challenging theouter boundaries e.g. Vuwani in Limpopo.

• Most of the queries were addressed amicably exceptfor those that are subject to litigations.

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CHALLENGES

• Litigations (by the Democratic Alliance and

Traditional Leaders in the Vuwani area of

Limpopo)

DA Case: Part 2: Still to be heard- Date not

determined

Vuwani Traditional Leadership Case: Hearing

set for 21& 22 April 2016

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SOME LESSONS THAT MAY INFORM LEGISLATIVE

REVIEW

• Absence of a mechanism to determine a proportion of the public in support of a determination, re-determination or delimitation.

• A small margin of variation for wards undermines public role in ward delimitation.

• Non legislation of the service delivery role of wards undermines the aspect of municipal planning in ward delimitation.

• Increasing public voice against the use of number of registered voters viz. population in ward delimitation.

• Need to regulate time frames taking into account IEC programme in preparation for elections e.g. Board activities, publication of formulae by Minister and publication of number of councillors by MECs.

• Clarification of the role of stakeholders in the demarcation processes.

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APPRECIATIONS• Independent Electoral Commission for the turn around time i.r.o.

section 23. The MDB will remain a partner in ensuring that the IECprepares successful LG elections.

• Government Printers were flexible enough to at times publishgazettes earlier than their stipulated turn around times.

• Municipalities for support with facilitation of public meetings andextending public participation processes beyond MDB meetings.

• National and Provincial Departments of COGTA for facilitating aquick turn around times i.r.o. the publication the number ofcouncillors.

• StatsSA for the additional capacity during the ward delimitationprocess.

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