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IMPORTANT NOTICE TO READERS
On 15 October 1999 the Constitutional Court found
sections 4, 5, 6(2) and 24(1) of the Municipal Structures Act, 1998 to
be unconstitutional.
This judgement was delivered after preparation of
the booklets in this publication series, and affects some of the content
of the booklets.
When reading about the designation of categories
A, B or C municipalities; district management areas; guidelines for deciding
the type of municipality that is to be established in a province; and
the term of office of a municipality, please note that the court's decision
means that:
- The Municipal Demarcation Board and not the Minister
of Provincial and Local Government must decide which areas must have
category A municipalities and which must have municipalities of both
categories B and C.
- The Municipal Demarcation Board and not the minister
must decide which areas must have a district management area.
- It will no longer be possible for the minister
to determine guidelines to assist MECs for local government to decide
which type of municipality will be appropriate for a particular area.
- The terms of municipal councils will be determined
by Parliament and not by the minister.
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