Chapter 12: Miscellaneous

119. Offences and penalties

  1. A councillor who attempts to influence the municipal manager or any other staff member or an agent of a municipality not to enforce an obligation in terms of this Act, any other applicable legislation or any by-law or a decision of the council of the municipality, is guilty of an offence and on conviction liable to a tine or to imprisonment for a period not exceeding two years.
  2. A municipal manager or other staff member of a municipality who accedes to an attempt mentioned in subsection (1), is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years.
  3. A person who contravenes section 101 is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.
  4. A person convicted of an offence and sentenced to more than 12 month’s imprisonment without the option of a fine, is disqualified to remain a councillor of the municipality concerned and to become a councillor of any municipality during a period of five years as from the conviction.

120. Regulations and guidelines

  1. The Minister may, by notice in the Gazette and after consultation with organised local government representing local government nationally, make regulations or issue guidelines not inconsistent with this Act concerning-
    1. the matters listed in sections 22, 37, 49, 72, 94 and 104;
    2. any matter that may be prescribed in terms of this Act; and
    3. any matter that may facilitate the application of this Act.
  2. Regulations and guidelines made or issued in terms of subsection (1) may differentiate between-
    1. different kinds of municipalities which may, for the purposes of the regulations, be defined in the regulations either in relation to categories or types of municipalities or in any other way;
    2. different categories of municipal services;
    3. different categories of service providers;
    4. ratepayers, users of services, debtors and other categories of persons; or
    5. different categories of ratepayers, users of services or debtors as long as the differentiation does not amount to unfair discrimination.
  3. Regulations in terms of subsection (1) may prescribe penalties for the contravention of or non-compliance with any specific provisions of the regulations, which may include an appropriate fine and imprisonment not exceeding six months.
  4. Draft regulations and guidelines must be published in the Gazette for public comment before their enactment in terms of subsection (1).
  5. The absence of a regulation or guideline that maybe prescribed in terms of this Act does not prevent-
    1. the application of a provision of this Act in connection with which the regulation or guideline may be prescribed; or
    2. the performance of a function or the exercise of a power assigned in such a provision.
    1. Guidelines issued in terms of subsection (1) are not binding;
    2. Compliance with guidelines issued in terms of subsection (1) may be taken into account in the determination of inter-governmental financial policies and arrangements.
  6. Regulations made in terms of this section-
    1. must be submitted to Parliament at least 30 days before their publication in the Gazette; and
    2. take effect on a date determined in the regulations, which must be the date of publication or a date after such publication.

121. Amendment of legislation

The legislation mentioned in Schedule 3 is hereby amended to the extent set out in that Schedule.

122. Transitional arrangements

  1. Any written agreement referred to in section 11(2) which existed immediately before this Act took effect, must be regarded as having been concluded in terms of that section.
  2. The Minister must-
    1. initiate steps for the rationalisation of existing national and provincial planning legislation applicable to municipalities in order to facilitate local development planning as an integrated concept within the constitutional system of co-operative government envisaged in section 41 of the Constitution; and
    2. establish mechanisms for facilitating co-ordination between sectoral regulation with respect to local government matters.

123. Phasing in of certain provisions of this Act

  1. The Minister, by notice in the Gazette, may phase in the application of the provisions of this Act which place a financial or administrative burden on municipalities.
  2. A notice in terms of subsection (1) may-
    1. determine different dates on which different provisions of this Act become applicable to municipalities;
    2. apply to all municipalities generally;
    3. differentiate between different kinds of municipalities which may, for the purpose of the phasing in of the relevant provisions, be defined in the notice in relation to categories or types of municipalities or in any other way; or
    4. apply to a specific kind of municipality only, as defined in the notice.

124. Short title and commencement

This Act is called the Local Government: Municipal Systems Act, 2000, and takes effect on a date determined by the President by proclamation in the Gazette.