BRIEFING by mdb towards Preparations for the 2016 Local Government Elections Acting CEO : Mr M H Manjezi

3 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

4 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 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

MDB VISION, MISSION AND VALUES Vision The leading demarcation and spatial knowledge hub. Mission To produce municipal and ward boundaries that are functional beyond reproach and contributes towards a responsive spatial configuration, including municipal capacity assessments that lay the foundation for a developmental local government. Values Independence Fairness, transparent and integrity Stakeholder engagement Knowledge sharing Good Governance 6

FUNCTIONARIES IN LEGAL PROCESS MDB: Determination and re-determination of municipal boundaries (Const Sec 155 & MDA) IEC divides national common voters roll into municipal segments, and Minister determines formulae for number of councillors per municipality. (MSA Sec20) MECs determines number of councillors, and may deviate from the formula (MSA Sec 20) MDB delimits wards for half of the number of councillors (MSA Schedule 1) IEC finalises voting districts in wards and prepare for the elections. (Electoral legislation)

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9 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

10 Public meetings conducted and finalised. Closing date for written inputs was 23 March and 10 April 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 PROVINCENUMBER OF SUBMISSIONSPROVINCENUMBER OF SUBMISSIONS EC107NW15 GAUTENG41WC40 KZN91MP23 FS54LIM58 NC21

11 WARD DELIMITATION FOR MUNICIPALITIES NOT AFFECTED BY THE REQUEST IN TERMS SECTION 22 (Cont..) TIMEFRAMES ACTIVITIESPROGRESS Consideration of written and verbal submissionsApril/May 2015 Publication/ Gazetting of Wards for objectionsMay/June 2015 Publication/Gazetting of final WardsAugust 2015 Handover of wards to the IECAugust 2015

12 o The MDB closed the re-determination of municipal boundaries in 2013, to commence with the ward delimitation process in 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 PROGRESS ON RE-DETERMINATION OF MUNICIPAL BOUNDARIES

13 PROGRESS ON RE-DETERMINATION OF MUNICIPAL BOUNDARIES MDB Circular Municipalities in Province NewspapersPublished dateClosing date 2/2015KZNIsolezwe6/2/201527/2/2015 2/2015ECHerald10/2/20153/3/2015 2/2015LIMSowetan10/2/20153/3/2015 2/2015NWNewAge10/2/20153/3/2015 3/2015MPSowetan/Beeld18/2/201511/3/2015 3/2015NCSowetan/Beeld18/2/201511/3/2015 3/2015NWNew Age16/2/20159/3/2015 2/2015 EC (DEM4500)Die Burger26/2/201520/3/2015 2/2015 EC(DEM4502) Volksblad Die Burger 06/3/ /3/2015 4/2015FSVolksblad17/3/201507/4/2015

14 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

15 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

16 TIMEFRAMES ACTIVITYPROGRESS Consideration of section 26 views and representations Done Conduct investigations and public meetingsApril/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..)

17 WARD DELIMITATION FOR MUNICIPALITIES DETERMINED /RE-DETERMINED FOLLOWING THE REQUEST IN TERMS SECTION 22 TIMEFRAMES ACTIVITYPROGRESS Establishment of municipalityAugust 2015 IEC divides the voters roll into municipal segmentsAugust 2015 MEC determine and publish number of councillorsAugust 2015 Preparation of draft wardsSeptember 2015 Public meetings on draft wards for all "new" municipalities September 2015 Consideration of written and verbal submissionsSeptember/October 2015 Publication/ Gazetting of Wards for objectionsOctober 2015 Publication/Gazetting of final WardsNovember 2015

Year MonthJanFebMarAprMayJunJulAugSeptOctNovDecJanFebMarAprMayJunJulAug 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

19 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