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Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998)

1. Definitions

 

 

1) In this Act, unless the context otherwise indicates-

 

'Board'

means the Municipal Demarcation Board established by section 2;

 

'committee'

means a committee of the Board established in terms of section 18 and includes an investigating committee contemplated in section 30;

 

'Constitution'

means the Constitution of the Republic of South Africa;

 

'Department'

means the national department responsible for local government;

[Definition of 'Department' substituted by section 4 (a) of Act 51 of 2002.]

 

'determination'

includes any redetermination, and 'determine' and 'redetermine' have corresponding meanings;

[Definition of 'determination' substituted by section 4 (b) of Act 51 of 2002.]

 

'Electoral Commission'

means the Electoral Commission established by section 3 of the Electoral Commission Act, 1996 (Act 51 of 1996);

 

'employee'

except in sections 34 (1) and 35 (1), includes a person seconded to the Board;

[Definition of 'employee' substituted by section 4 (c) of Act 51 of 2002.]

 

'financial year'

means the financial year of the Board, which is the same as that of the Department;

 

'Manager'

means the Manager of the Board appointed in terms of section 33;

 

'MEC for local government'

means the member of the Executive Council of a province responsible for local government in the province;

 

'metropolitan area'

means an area recognised as a metropolitan area in terms of the Local Government: Municipal Structures Act, 1998;

 

'Minister'

means the national Minister responsible for local government;

[Definition of 'Minister' substituted by section 4 (d) of Act 51 of 2002.]

 

'municipality'

means a municipality mentioned in section 155 (6) of the Constitution and includes a municipality which existed when this Act took effect;

 

'organ of state'

means an organ of state as defined in section 239 of the Constitution;

 

'President'

means the President acting as the head of the national executive in terms of section 85 (2) of the Constitution;

 

'SALGA'

means the South African Local Government Association recognised in terms of the Organised Local Government Act, 1997 (Act 52 of 1997), as the national organisation representing municipalities; and

 

'this Act'

includes the regulations made under section 41.

[Definition of 'this Act' substituted by section 4 (e) of Act 51 of 2002.]

 

2) When in this Act the Minister is required to act in consultation with the MECs for local government, the Minister must act with the concurrence of the majority of those MECs after all the MECs have been consulted.

 


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