Notice 1490 of 2008

Notice 1490 of 2008: Request in terms of section 22 of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) for the redetermination of the municipal boundaries of West Rand District Municipality (DC48) and Kenneth Kaunda District Municipality (DC40)
the Municipal Demarcation Board of South Africa

This Notice by the Municipal Demarcation Board of South Africa modified the boundaries of the West Rand District Municipality in Gauteng and the Dr Kenneth Kaunda District Municipality in North West province. It had the effect of transferring the Merafong City Local Municipality from the Kaunda district to the West Rand district.

When new municipal governments were established in South Africa during the post-apartheid transformation, Merafong City was created as a cross-border municipality, partly in Gauteng and partly in the North West. However, the government found that the existence of cross-border municipalities reduced government efficiency and impeded service delivery; so, in 2005, the Constitution Twelfth Amendment Act was passed, which forbade the existence of cross-border municipalities and consequentially modified the provincial boundaries so that all municipal areas were contained within a single province. As a result, those parts of Merafong City previously in Gauteng were transferred to the North West.

The people of Merafong City, and particularly those of Khutsong, did not take well to this change, as they believed that the Gauteng provincial government was wealthier and more efficient than that of the North West, and therefore better able to deliver needed services to the people of the area. This led to a court case in the Pretoria High Court, protests that sometimes included violent incidents, and an election boycott.

Late in 2008 the national government decided to transfer the Merafong City municipal area from the North West to Gauteng; this was effected by the Constitution Sixteenth Amendment Act. This Notice was published as a necessary part of the boundary alterations, modifying the district boundaries to correspond with those of the provinces. The alterations came into effect on 3 April 2009, shortly before the general election of 2009.

This notice is of constitutional significance because, since the passage of the Sixteenth Amendment, Schedule 1A of the Constitution of South Africa has referred to the included maps to define part of the boundary between Gauteng and North West provinces.

476381Notice 1490 of 2008: Request in terms of section 22 of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) for the redetermination of the municipal boundaries of West Rand District Municipality (DC48) and Kenneth Kaunda District Municipality (DC40)2008the Municipal Demarcation Board of South Africa

Notice 1490 of 2008

Municipal Demarcation Board

Request in terms of section 22 of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) for the redetermination of the municipal boundaries of West Rand District Municipality (DC48) and Kenneth Kaunda District Municipality (DC40)

(Gauteng/North West)

In terms of Section 22 of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 Of 1998), the Minister of Provincial and Local Government has requested the Municipal Demarcation Board to re-determine the boundaries of West Rand District Municipality (DC48) and Kenneth Kaunda District Municipality (DC40) by excluding Merafong City Local Municipality from the municipal area of Kenneth Kaunda District Municipality (DC40) and by including Merafong City into the municipal area of West Rand District Municipality (DC48).

The relevant maps are hereby published to reflect the request received from the Minister.

The Board will soon be publishing a notice in terms of section 26 of the Demarcation Act, 1998, in the media to invite public views and representation on this matter.

The re-determination of the municipal boundaries, is subject to an amendment of the Constitution of the Republic to exclude Merafong City from the geographic area of North West Province, and to include it into the geographic area of Gauteng Province.

Vuyo Mlokoti
Chairperson: Municipal Demarcation Board

Map No. 4
Map No. 5
Map No. 14

This work is in the public domain because it was created and first published in South Africa and it is an official text of a legislative, administrative or legal nature, or an official translation of such a text.

According to the Copyright Act, 1978, § 12 (8) (a), "No copyright shall subsist in official texts of a legislative, administrative or legal nature, or in official translations of such texts."

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