LEGISLATION: MUNICIPAL DEMARCATION, ONE-STOP BORDER POST BILLS LEAVE PARLIAMENT

Having been passed by both Houses, the Independent Municipal Demarcation Authority Bill and One-Stop Border Post Bill have been sent to President Cyril Ramaphosa. This is according to recently circulated parliamentary papers.

In addition, Parliament has issued a media statement on the Independent Municipal Demarcation Authority Bill. It includes a summary of the process followed in arriving at the Bill’s ‘D’ version, which reflects additional changes proposed by the NCOP, adopted by the National Assembly committee concerned and endorsed by the House.

Tabled in June 2022, once enacted and operationalised this new piece of legislation will:

  • repeal the 1998 Local Government: Municipal Demarcation Act
  • replace the current Municipal Demarcation Board with an Independent Municipal Demarcation Authority, and
  • prescribe the criteria for determining and redetermining municipal boundaries and for delimiting municipalities into wards (as well as the procedures to be followed).

It is expected to go some way towards ensuring that municipal boundaries support:

  • effective local governance
  • the equitable and sustainable provision of services, and
  • integrated socio-economic development.

This is according to the parliamentary media statement, which among other things also draws attention to provisions:

  • facilitating public participation in municipal boundary determination and ward delimitation, and
  • establishing a Demarcation Appeals Authority as a mechanism for ‘challenging certain demarcation decisions.’

Tabled in September 2024, once enacted and operationalised the One Stop Border Post Bill:

  • will enable the establishment of common control zones with neighbouring countries, thus facilitating co-ordinated, streamlined cross-border operations, and
  • is expected to speed up turnaround times at ports of entry.

The ‘B’ version now awaiting presidential signature includes provisions for the transfer of equipment within a common control zone should that be necessary for officials in either country to function efficiently. This would be subject to proper declarations being made and appropriate inventories kept.

  • parliamentary papers
  • media statement on Independent Municipal Demarcation Authority Bill
  • Bill’s ‘D’ version
  • One Stop Border Post Bill’s ‘B’ version

Published by SA Legal Academy Policy Watch

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