Service Delivery Boundary Alignment

ALIGNMENT OF DEPARTMENTAL SERVICE BOUNDARIES TO MUNICIPAL BOUNDARIES

1.Background

The Cabinet Resolution that all service delivery departments endeavor to align their functional boundaries to the constitutionally proclaimed municipal boundaries, has provided a sound basis for the Board to assist in the alignment process with a view to improve the spatial configuration of, and service delivery in South Africa.

A survey was conducted early in 2002 to establish the progress and nature of service delivery boundary alignment of current national and provincial departments. A similar exercise was also undertaken in July 2006 in view of the Constitutional Twelfth Amendment Act, 2005. According to the correspondence received, the municipal structures were followed in the majority of the cases. Most notably the district council boundaries were followed, but where there were deviations, the local municipal boundaries were adhered to.

Summaries of the departments that responded, alignment status and maps indicating their boundaries can be accessed from the MDB. Although responses from departments were in general good, some departments still need to attend to this matter.

Key Points
1. To build a strong local government, including:
• Re-assessing the current distribution of functions and powers;
• A clear framework for national and provincial interventions in local government.
2. To build a stable institutional and administrative system, including resolving:
• The division of powers and functions between district and local municipalities
• Cross border municipalities; and
• The role of traditional leaders.
3. To deepen democracy and accountability, including:
• Support for ward committees.
4. To accelerate service delivery and development, including:
• Assistance in implementing government policy on free basic services.
5. To ensure financial viability, including:
• Reviewing the intergovernmental fiscal system and the allocation of the equitable share; and
• Accessing financial markets through municipal private sector partnerships.
Summaries of the departments that responded, alignment status and maps indicating their boundaries can be accessed by following the links per province above. Although this was a good response, some outstanding Departments still need to be co-opted in the process.
We would like to request each department that has not yet responded to please do so by contacting Mfanafuthi Gama (mgama@demarcation.org.za) or (Tel (012) 342 2481 or Fax at (012) 342 2480.

2. Scope of work

The Board has been actively engaging with the Department of Justice and Constitutional Development (DOJ) and the South African Police Service (SAPS) in aligning the magisterial districts, the police station wards and the police area districts with the municipal boundaries.

While the magisterial district boundaries are essentially finalised, proclamation of the boundaries have been put on hold to ensure that there is proper alignment with the police station wards area districts and cadastral boundaries, and where possible with municipal boundaries. This is due to the close functional linkage between Justice and Police. The Board is providing information and maps to the role players and acts as a coordinator in the process. Alignment has progressed well and it is anticipated that the process be finalised by August 2007. Other service delivery departments are being followed up on a continuous basis to obtain new and updated information on their functional boundaries.

3. Way Forward

The Board is in a process of developing a 'boundary alignment database' containing all the functional boundaries captured up to date. This database will form the basis for establishing the relationship between the municipal and all other service delivery boundaries. This will also be linked to the database covering the re-determination of municipal boundaries. The alignment and re-determinations database will form the basis for establishing which organisation’s service delivery boundaries are affected by a re-determination of a municipal boundary which can then be notified to establish the impact of the boundary change for possible further alignment.

3.1 Verifying the Boundaries

Each service delivery department is requested to verify and provide comments on the boundaries as captured by the Board by contacting Mfanafuthi Gama (mgama@demarcation.org.za): Tel (012) 342 2481 or Fax at (012) 342 2480. The process of verification would include a questionnaire that would be sent to departments for it to be filled and also maps showing the current MDB boundaries against other departmental boundaries. All the maps would be made available on the Boards website, and MDB GIS data is already available for download.

3.1.1 Verification of South Africa Police Service and Department of Justice Boundaries

Maps depicting proposed magisterial and SAPS precincts would be given out on CD and also posted on your website for download. A coded script has been written to run maps circulation amongst stations and area commissioners also magistrates. A circular has to be formulated to which advice it to be given out on procedures available for processes to be followed for a boundary re-determination. The verification is to be linked to DEMS investigations so that cases that affect both the municipal boundary and other service boundaries could be looked at concurrently, and cases that are similar in nature could be solved swiftly and concurrently.

• Consultative workshops March:
o Mpumalanga and Limpopo (31 February 2007)
o Northern Cape and North West ( 15 March 2007)
o Gauteng (5 March 2007)
o Eastern Cape and Kwa-Zulu Natal (12 March 2007)
o Western Cape (16 March 2007)
o Free State (19 March 2007)
o Kwa-Zulu Natal (28, 29 march 2007)
• Public Participation
o April/ June 2007
• Cabinet Approval
o July 2007
• Proclamations
o August 2007

3.2 Verification of other service boundaries.

3.2.1 Survey (Faxes to government departments)

A standard letter to be sent to all affected departments to highlight the impact of the recent Constitution Twelfth Amendment Bill and the Cross-boundary Municipalities Laws Repeal and Related Matters Bill which did away with all cross border municipalities and also boundary changes in several municipalities i.e. Nkonkobe and Buffalo City. A questionnaire would also be sent to departments to ascertain the need for a stakeholder’s workshop and also to ascertain their level of alignment to other functional boundaries.

3.2.2. Monitoring of boundary Change

Before the Board considers any determination or re-determination of a boundary, the Board must publish a section 26 notice in a newspaper circulating in the areas of the affected municipalities -
• stating the Board's intention to consider the matter; and
• Inviting written representations and views from the public within a specified period (which may not be shorter than 21 days).
When the Board publishes a notice it must convey by radio or other appropriate means of communication the contents of the notice in that area.
The Board must send by registered post, electronic means or by hand a copy of the notice to -
• the MECs for local government in the two provinces;
• each municipality that will be affected by the Board's consideration of the matter;
• the magistrate concerned if any magisterial district is affected; and
• The provincial Houses of Traditional Leaders concerned if the boundary of a traditional authority is affected, and invite them to submit written representations or their views on the matter to the Board within the period not less than 21 days.
•
When the period (at least 21 days) for written representations and views has expired, the Board –

• must consider all representations and views submitted to it; and
• may take a decision on the re-determination or, before it takes such a decision
•
1. hold a public meeting;
2. conduct a formal investigation; or
3. do both.

When considering the matter the Board must also take into account the objects and factors provided for in section 24 and 25 of the Demarcation Act.
The Board must then publish its determination or re-determination in the relevant Provincial Gazette. Any person aggrieved by the determination may, within 30 days of publication of the notice, submit objections in writing to the Board.
After the 30 days have lapsed the Board must –

• consider any objections; and
• either confirm, vary or withdraw its determination.

Should the Board decide to confirm its determination such confirmation is published in the Provincial Gazette. The Board must then send particulars of the determination to the Electoral Commission. If the Electoral Commission is of the view that the boundary determination –

• will affect the representation of voters in the relevant councils the boundary changes will only take effect from the date of the next elections;
• will not materially affect the representation of voters in the councils, the determination will take effect from a date to be determined by notice in the Provincial Gazette by the MECs responsible for local government in a province.
From the above it is clear that the Board may determine or re-determine a municipal boundary but if the representation of voters in a council is affected the new boundary will only apply as from the date of the next local elections. It should be noted that the process to change the boundaries of cross-boundary municipalities, is more complex. In addition to the above process the Board must also get the concurrence of the relevant provincial legislatures and the determination or re-determination must also be authorised by an Act of Parliament.

Cases that arise after the process above has been competed would be dealt with after a notification has been forwarded and concurrence to align or deviate has been received, a motivation therefore would have to be forwarded to the Board. In instances where change is necessitated all stakeholders would be informed and a decision would have to be made whether they would align or not.

3.2.3. Update website

All maps, notices to be posted on the website on www.demarcation.org.za or request can be sent to mgama@demarcation.org.za or Ayanda@demarcation.org.za