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									GUIDELINES FOR THE PREPARATION OF A SUBMISSION IN RESPONSE TO
THE SECTION 26 NOTICE PUBLISHED ON 10 AUGUST 1999 IN TERMS OF
THE MUNICIPAL DEMARCATION ACT (NO27/1998)

INSTRUCTIONS

1       Any municipality completing the questionnaire is requested to answer all
        the questions.
2       Bodies or individuals other than municipalities are encouraged to
        answer the questionnaire as far as possible when making a submission.
3       Questions must be answered fully and not responded to with reference
        to an attached document.
4       Supporting documents may, however, be attached but will be regarded
        as secondary information.
5       A separate submission must be made for each proposed municipal area.
6       Kindly read the guidelines outlined below before responding to any
        question as specific information is requested.



INTRODUCTION

The Constitution of the Republic of South Africa 1996 states that the objects of
local government are:

(a) to provide democratic and accountable government for local communities;
(b) to ensure the provision of services to communities in a sustainable manner;
(c) to promote social and economic development;
(d) to promote a safe and healthy environment; and
(e) to encourage the involvement of communities and community organisations in
    the matters of local government.

The Municipal Demarcation Act provides in addition that in defining a municipal
area, the objective is to: (a) enable effective local governance; (b) enable
integrated development; and (c) have a tax base as inclusive as possible of users
of municipal services in the municipality.

In terms of the relevant legislation, the process to be followed in determining
municipal boundaries is clear. Before the determination of a municipal boundary
the Board must publish a Section 26 notice in a newspaper circulating in that area
stating the Board’s intention to consider the matter and inviting written
representations and views from the public within a period of at least 21 days.
The Board must also send a copy of the notice to the MEC, each affected
municipality; the magistrate, if the magisterial district is affected, and the
provincial House of Traditional Leaders, if the boundary of a traditional authority
is affected. The Board will thereafter consider all representations and views
submitted to it and, if necessary, hold a public meeting or conduct a formal
investigation or do both.

After completion of the above mentioned processes the Board will publish its
determination in the Provincial Gazette and allow any person aggrieved by the
determination to submit his/her objections in writing to the Board within 30 days
of publication of the Section 21 notice. The Board will then consider all objections
and will either confirm, vary or withdraw its determination.

The guideline notes and questionnaire set out below focus to a great extent on
Sections 24 and 25 of the Municipal Demarcation Act. The Board requires the


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information contained in the questionnaire in order to make informed decisions. It
is intended to facilitate the Municipal Demarcation Board in its determination of
category A and C municipalities, through the use of a standardised format. It is
therefore essential that an attempt be made to complete the questionnaire as
fully as possible providing the information as requested.

Question 1:          Provide the full name of your organisation. If an individual
                     submission, provide your full name and identity number.

Question 2:          Provide your full postal, phone, fax and e-Mail addresses.

Question 3:          Only applicable if completing a submission for a
                     category A (Metropolitan) municipality. Indicate the
                     node as declared by the Minister for Provincial and Local
                     Government in terms of Section 5 of the Municipal
                     Structures Act (117) of 1998.

Question 4:          Only applicable if completing a submission for a
                     category C (District) municipality.       Indicate the
                     reference number for the node as indicated in the map
                     contained within the supporting document.

Question 5:          Describe the areas to be included in the category A
                     (Metropolitan) or C (District) municipality. If an existing
                     municipal area is used for the base boundary submission,
                     clearly indicate the existing boundaries that would not
                     change and which areas would be included and/or excluded
                     from the proposed municipal area.

Question 6:          Provide a detailed motivation for the boundaries as
                     proposed in the submission.

Question 7:          A map must be provided (preferably with Surveyor-General
                     numbers) indicating the boundaries as proposed in the
                     submission. The mapped information must be clear with
                     easily identifiable points, not larger than A3. It must be
                     attached as appendix A.

Question 8:          A point to point description must be provided and attached
                     as appendix B.

Question 9:          Indicate with which municipality your proposals were
                     discussed. Also, indicate whether there was agreement or
                     not. Any letters from other municipalities affected by your
                     proposals should be attached as Appendix C.

Question 10:         Indicate which other persons, institutions and or
                     organisations were consulted during the drafting of the
                     submission. Include both the name of the organisation and
                     the response received. Any written response from such
                     individuals/ organisations/ institutions should be attached as
                     appendix D.

Question 11:         If opposition was found to your boundary proposals or
                     aspects thereof, then indicate which Council, organisations,
                     institution or person did not concur and reasons therefor.




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Question 12.1:      Describe in detail how your proposals will improve the
                    provision of services to the communities in an equitable and
                    sustainable manner. Include in your response an indication
                    of the estimated backlog and required timeframe for the
                    provision of essential services and the estimated capital
                    funds that would be required for addressing such backlogs
                    within the proposed municipality.

Question 12.2:      Describe in detail how the proposed boundary demarcation
                    would promote social and economic development. Indicate
                    if an approved economic development strategy and an
                    integrated developed plan (IDP) exist for the proposed area.

Question 12.3:      Describe in detail how the proposed boundary demarcation
                    will promote a safe and healthy environment.

Question 12.4:      Describe in detail how the proposed boundary demarcation
                    will enable integrated development.

Question 12.5:      Describe as to whether the municipal area will have a tax
                    base which is as inclusive as possible of users of Municipal
                    services and the expected income of the municipality should
                    your proposals be implemented. What is the expected
                    expenditure for the proposed new area?          If applicable,
                    indicate which communities are users of the municipal
                    services and yet are excluded from the proposed
                    municipality. Provide a detailed reason for the exclusion.

Question 13.1 (a): Describe the existing and expected patterns of settlement
                   and migration. The number of households divided into
                   those living in informal dwellings and those living in formal
                   housing within the proposed municipality must be included
                   in the submission. If the proposed municipality experiences
                   significant levels of in-migration or out-migration, indicate
                   the source and reason therefor.

Question 13.1 (b): Describe the employment pattern within the proposed
                   category A or C municipality. Estimate the number of
                   persons living in the municipality but working elsewhere.
                   Similarly, indicate the number of persons living outside the
                   municipal area but working within the proposed
                   municipality. Estimate the percentage of unemployed
                   residents.

Question 13.1 (c): Commuter information which includes both origin and
                   destination trip information must be provided for the
                   proposed category A or C municipality. As far as possible
                   such information should be provided for both the public and
                   private transportation sectors.

Question 13.1(d): Indicate the dominant spending patterns within the
                  proposed municipality. Estimate the extent of economic
                  leakage from the proposed municipal area that is: the
                  number of persons who live in the municipal area but who
                  primarily shop elsewhere. Similarly, indicate the estimated
                  number of persons who live elsewhere but shop within the
                  proposed municipal area.


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Question 13.1 (e): Indicate whether the proposed municipal area will form a
                   cohesive unit where all the essential services, utilities and
                   amenities will be available to all residents within the
                   boundaries of the proposed municipal area. If not, indicate
                   which services, utilities and amenities can comfortably be
                   utilised outside the proposed area and which essential
                   amenities need to be developed within the area.

Question 13.1 (f): Indicate the industrial and commercial linkages and trends
                   including the expected and potential expansion and/or
                   decline of such areas.       Provide the number, including
                   hectares, of commercial and industrial townships approved,
                   established and planned for within the proposed municipal
                   area for each year from 1995 until 2003.

Question 13.2:      Describe how your proposal will integrate the society and
                    economy within the proposed area.

Question 13.3:      Indicate all income sources and in particular include the
                    levies and property rates (where applicable) received and /
                    or anticipated for each financial year from 1997/1998
                    through to 2002/2003. Indicate the value of the assets and
                    the full extent of liabilities for the proposed municipality.
                    Estimate the number of senior and middle management to
                    be deployed to the proposed municipality indicating the
                    source of deployment. In addition, estimate the anticipated
                    senior and middle management shortfalls indicating which
                    key positions will need to be filled. Compare income and
                    expenditure and give the percentage of income to be spent
                    on (i) capital infrastructure, (ii) salaries, wages,
                    remuneration and other council/employee expenses, and
                    (iii) other operating costs.

Question 13.4:      Indicate the following:
                      the estimated number of households with an income less
                       than R850 per month;
                      the estimated number of households with an income
                       greater than R850 per month, and
                      the number of households receiving indigent support.

Question 13.5:      Indicate and motivate fully any cross boundary municipal
                    area recommended in your submission.

Question 13.6:      Describe the tribal boundaries that will be affected by the
                    proposed submission. Include a map and, if possible, a
                    point to point description. Specifically indicate which areas,
                    if any would be split as a consequence of your proposal.

Question 13.7:      Describe the functional boundaries to be affected by the
                    proposed determination of boundaries. Consideration must
                    be given to the following functional boundaries:
                      magisterial district
                      district health boundaries
                      police district boundaries
                      transportation
                      education


                                                                                4
                        any other.
                     A map indicating the functional boundaries should be
                     attached as Appendix E.

Question 13.8:       Describe the implications of the proposed boundary
                     submission on the existing and expected land use, social,
                     economic and transport planning for the area. Does an
                     approved IDP/LDO exist and if so, on what date was it
                     approved by the Council. A map indicating details should be
                     included.

Question 13.9:       Describe how the proposed boundary determination will
                     promote the co-ordination of national, provincial and local
                     programmes and service. The specific programmes, the
                     names of organs of state and others forming part of the co-
                     ordination process and the name, details and budget of each
                     project must be indicated.

Question 13.10:      Provide the total number of water catchment areas to be
                     found within the proposed municipal area indicating which
                     catchment would be shared with an adjacent municipality
                     and or municipalities. In addition, indicate the extent to
                     which the bulk service area (in particular water and
                     wastewater) is contained and/or fall outside the proposed
                     boundaries.

Question 13.11(a): What is the Municipality’s current credit rating. Indicate all
                   capital loan applications, when it was submitted, to whom,
                   the purpose of the loan, the result of the application, the
                   programmes       being   already    funded,     progress    with
                   implementation and target date for finalisation. If an
                   application was refused, indicate the reason therefor. The
                   information must be provided for the 97/98, 98/99, 99/2000
                   financial years. Indicate if an annual financial statement was
                   prepared and audited for the 97/98 and 98/99 financial
                   years. In addition, the municipality banking details must be
                   included. Indicate if a credit control policy is currently being
                   implemented and the extent of the outstanding debt to be
                   transferred to the proposed municipality.

Question 13.11(b): Indicate the existing number of councillors and employees
                   and the number of council and staff members to be affected
                   by the proposed boundary determination. Indicate as to
                   whether the number of councillors and municipal employees
                   will increase or decrease as a result of your proposal. How
                   will your proposal in respect of the size of the council and
                   the number of staff ensure the maintenance, development
                   and execution of municipal services? Give estimated
                   percentages.     If major changes are anticipated does a
                   transformation committee or strategy exist. Is the strategy
                   being implemented, and what progress is being made? Are
                   there training needs and how are they addressed. Mention
                   the top five training priorities.

Question 13.12:      Describe how the proposed boundary submission does or
                     does not contribute toward the rationalisation of
                     municipalities. In addition, describe how the proposed


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               demarcation would promote sustainable service delivery and
               financial viability.

Question 14:   Strongly motivate the capacity within the proposed
               municipal area to perform the functions and exercise the
               powers vested in a municipality in terms of the Constitution,
               other legislation and delegations (see, for example, Sections
               156 and 229 of the Constitution of the Republic of South
               Africa (No108/1996) and Sections 84(1) and (2) of the
               Municipal Structures Act (117) of 1998).




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                      MUNICIPAL DEMARCATION BOARD

DETERMINATION OF MUNICIPAL BOUNDARIES IN TERMS OF SECTIONS
21 AND 26 OF THE MUNICIPAL DEMARCATION ACT, 1998

1.     Name/Organisation:
       ………………………………………………………………
2.     Contact address:
       ……………………………………………………………………………………………
       …………………………………
3.     Indicate metropolitan nodal point as identified by Minister
       in terms of Section 5 of the Municipal Structures Act,
       1998 in      Government      Gazette Number       ……     on
       …………………..…………………………………………………………………………
       …………………………………
4.     Provide the reference number for the district node as
       indicated on the attached notice.
       …………………………………………….………………………………………………
       …………………………………
5.     Description of areas to be included / excluded in Category
       A (Metropolitan) or Category C (District) municipality
       ……………………………………………………………………………………………
       …………………………………
6.     Motivation for inclusion / exclusion:
       ……………………………………………………………………………………………
       …………………………………

7.     A Map indicating the boundaries for the proposed              YES   NO
       Municipal area (Category A or C) – attach as appendix A
8.     Point-to-point description for the proposed Municipal area    YES   NO
       boundary – attach as appendix B
9.     Has your organisation discussed the boundary submission       YES   NO
       with the municipalities affected by your proposal?
       Indicate which municipalities/ organizations and as to
       whether Appendix C is attached
       ……………………………………………………………………………………………
       ……..……………………….

10.    The following persons / institutions / organisations were
       consulted during the drafting of the application:

Name                                        NATURE OF RESPONSE




       Appendix D attached ?                                         YES   NO


11.    If concurrence was not granted, give name of Council(s)
       and reasons:

Name                                        REASON




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12.   Section 24 of the Municipal Demarcation Act, (27) 1998       YES     NO
      have been taken into consideration:
      Please motivate the following provisions contained in
      Sections 24:

      12.1    How will the demarcation improve the provision of
              services to the communities in an equitable and
              sustainable manner?
              …………………………………………………………………………………………
              ………………………………

      12.2    How will the demarcation promote social and economic
              development?
              …………………………………………………………………………………………
              ………………………………
      12.3    How will the demarcation promote a safe and healthy
              environment?
              …………………………………………………………………………………………
              ………………………………
      12.4    How    will   the  demarcation   enable    integrated
              development?
              …………………………………………………………………………………………
              ………………………………

      12.5    Will the Municipal Area have a tax base as inclusive as
              possible of users of Municipal services?
              …………………………………………………………………………………………
              ………………………………




13.   Section 25 of the Municipal Demarcation Act, (27) 1998 have        YES       NO
      been taken into consideration:
      Please motivate the following provisions contained in Sections
      25:
      13.1    Will the demarcation maintain or improve the
              interdependence     of  people,    communities     and
              economics as indicated by:
              a)   Existing and expected patterns of settlement and
                   migration?
                   ………………………………………………………………………………
                   ………………………………




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       b)   Employment?
            ………………………………………………………………………………
            ………………

       c)   Commuting and dominant transport movements?
            ………………………………………………………………………………
            ………………………………

       d)   Spending?
            ………………………………………………………………………………
            ………………………………

       e)   Use of amenities, facilities and infrastructure?
            ………………………………………………………………………………
            ………………………………

       f)   Commercial and industrial linkages?
            ………………………………………………………………………………
            ………………………………

13.2   Will the demarcation satisfy the need for cohesive,
       integrated and unfragmented areas?
       …………………………………………………………………………………………
       ………………………………

13.3   Indicate the financial viability and administrative
       capacity of the municipality to perform municipal
       functions effectively and efficiently:
       …………………………………………………………………………………………
       ………………………………
13.4   Indicate how financial and administrative resources will
       be shared and redistributed:
       …………………………………………………………………………………………
       ………………………………
13.5   What will the effect of the demarcation have on
       provincial and other Municipal boundaries?
       …………………………………………………………………………………………
       ………………………………
13.6   What will the effect of the demarcation have on the
       areas of traditional rural communities?
       ……………………………………………………………………………………..…
       ………………………………

13.7   Will functional boundaries be affected by the              YES       NO
       determination?
       If yes, give names/description/maps of functional
       boundary:

       Magisterial Boundary of ……………………….
       Description………………………………………

       District Health Boundary of…………………….
       Description..……………………………………...

       Police District Boundary of ……………………
       Description………………………………………




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              Transport District Boundary of …………………
              Description……………………….………………

              Education Boundary of ……….………………..
              Description ………………………………………

              Others (specify) …………………………………
              Description ……………………………………………....
              ……………………………………………………………

              Documents indicated in Appendix E                            YES        NO

     13.9     How will the boundary determination promote
              the co-ordination of the national, provincial and
              local programmes and services?
              ………………………………………………………………………………
              …………………………
     13.10    Indicate which topographical, environmental and
              physical characteristics of the area have been
              taken into consideration?
              ………………………………………………………………………………
              …………………………
     13.11    Describe the administrative consequences of the
              demarcation on the Municipality’s:
                    (i)   Creditworthiness:
                          ………………………………………………………………………
                          ………………………

                    (ii)   Existing Municipalities, their Council
                           members and staff:
                           ………………………………………………………………………
                           ……………………….

     13.12    Will the demarcation contribute to the rationalisation of
              Municipalities and to achieve the objectives of efficient,
              effective and sustainable service delivery, financial
              viability and macro-economic stability?
              …………………………………………………………………………………………
              ………………………………
14   Motivate the capacity of the Municipality to perform the
     functions and exercise the powers vested to it in terms of the
     relevant legislation:
     ………………………………………………………………………………………………………
     ………………………………………

SIGNATURE: ………………………………………………………….

DESIGNATION: ……………………………………………………….

DATE: ………………………………………………………………….




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