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Section 21(5) Notices

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The Board’s mandate derives from:

  • The Constitution Of The Republic Of South Africa, 1996 (Act No 108 Of 1996). 
  • The Board is mandated in terms of section 155(3)(b) to determine municipal Boundaries independently. 
  • Local Government: Municipal Demarcation Act, 1998 (Act No 27 Of 1998)

Section 3 provides that the Board is a juristic person, is independent and must be impartial and must perform its function without fear, favour or prejudice. 

Section 4 provides that the Board must determine Municipal boundaries in accordance with this Act and other appropriate legislation enacted in terms of Chapter 7 of the Constitution, and must render an advisory service in respect of matters provided for in this act and other appropriate legislation.

Local Government: Municipal Structures Act, 1998 (Act 117 Of 1998)

Delimit wards in compliance with Schedule 1 to the Act.

In terms of section 85 the Board must consider the capacity of District and Local municipalities to perform their function and to exercise their powers, and provide advice to MEC’s responsible for Local Government.

Section 6 empowers the Board to declare District Management Areas.

Cabinet Resolutions

In 1998 Cabinet resolved that departmental service delivery boundaries must be aligned to constitutional boundaries (National, Provincial and Local) and should be finalised by departments in consultation with the Municipal Demarcation Board.  

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