Transitional representative council (South Africa)

Last updated
Transitional representative council
  • Also known as:
  • Verteenwoordigende oorgangsraad
Category Provinces of South Africa
Location Republic of South Africa
Found inDistrict council
Created byLocal Government Transition Act with Election Regulations 209 of 1993
Created
  • 27 April 1994
Abolished by
  • Municipal Structures Act 117 of 1998
  • Municipal Systems Act 32 of 2000
Abolished
  • 5 December 2000
Number1 (as of 2021)
Possible status
  • municipality
Government
  • Representative council
Subdivisions
  • None

A transitional representative council (Afrikaans : Verteenwoordigende oorgangsraad) is a local administrative division in South Africa. Between 1994 and 2000 it was the default type of municipal government for small and rural communities. After apartheid these transitional councils were created as a provisional local representation until the formation of a more final municipal structure. Due to the implementation of a municipal system in 2000, all – except one – transitional councils were abolished and their areas were merged into new municipalities.

Contents

Background

During apartheid, local government was split between different racial and cultural groups. The result was a very scattered governmental landscape at the local level. To induce the integration of these entities, the transitional councils were established. Therefore, the transitional councils were a composition of representatives of all existing local government bodies, including former black local authorities, former (white) local councils, boards of rural areas, committees for local affairs, regional service councils, joint service boards, joint-decision making bodies, joint local authorities, other official local authorities and persons, institutions or bodies with local government powers i.e. private towns and mining towns. [1]

When the Local Government Transition Act with Election Regulations 209 of 1993 was approved by parliament, the act made provision for different types of transitional councils for local government: transitional metropolitan councils, transitional local councils for other urban areas, transitional rural councils and transitional representative councils. [2] The act, however, was amended before the act was implemented. The foreseen transitional rural councils became transitional representative councils.

Administrative powers

Transitional representative councils were the default type of local government for small and rural communities. Of all the transitional councils it had the least responsibilities. In contrast to the transitional metropolitan councils and the transitional local councils, the transitional representative councils were not directly responsible for service delivery. [2] Within the area of transitional representative councils service delivery was a duty of the district councils (the former regional services councils).

Main powers and duties

The main powers and duties of the transitional representative councils were:

Elections

First, the representatives sitting in the transitional representative councils were representatives of existing local bodies. As in an indirect election system, a representative could be replaced after elections for these local bodies. [1] Later, direct elections for the transitional councils were held during the South African municipal elections of 1995–96.

Abolition

In the process to a new municipal structure, the transitional representative councils were the basis of the merger. During the process they were consulted by the Municipal Demarcation Board. In late 1999 it became clear what transitional representative councils - with their local bodies - would merge into one municipality. In all cases - except one - the provincial governments, the municipal demarcation board and the transitional representative councils could reach agreements about the merger into and the foundation of new municipalities. After these agreements the abolition of each transitional representative council was published in the provincial government gazettes. The abolition of the transitional representative councils effectively took place at 5 December 2000, during the South African municipal elections of 2000.

Orania

In the case of the Afrikaner-town of Orania, the abolition of the Orania Transitional Representative Council never was published in the provincial government gazette of the Northern Cape. [3] The Orania Transitional Representative Council also objected to a proposed merger with Hopetown and Strydenburg. [3] After the provincial government of the Northern Cape published a rectification in its government gazette, the Orania Transitional Representative Council went to court. This lawsuit was handled by the Northern Cape High Court on 4 December 2000, one day before the nationwide local elections. [3] In the light of the mistake of the Northern Cape government to not publish the abolition of the Orania Transitional Representative Council it was very likely that Orania would win the case, with the possible result that the High Court could cancel the elections scheduled for the next day.

Therefore, the case was settled between Orania and the South African government. They agreed that the Orania Transitional Representative Council will remain in place indefinitely with all its powers, rights and duties until there is an agreement about the municipal status of Orania. [4] [5] [6] This agreement was affirmed by the Northern Cape High Court that same day. [4] [7]

See also

Related Research Articles

A councillor, alternatively councilman, councilwoman, councilperson, or council member, is someone who sits on, votes in, or is a member of, a council. This is typically an elected representative of an electoral district in a municipal or regional government, or other local authority. The title of a councillor varies geographically, with a name generally being preceded by their title in formal or council-related situations in many places.

<span class="mw-page-title-main">Constitution of South Africa</span> Supreme and fundamental law of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.

<span class="mw-page-title-main">Municipal borough</span> Former type of British and Irish local government

A municipal borough was a type of local government district which existed in England and Wales between 1836 and 1974, in Northern Ireland from 1840 to 1973 and in the Republic of Ireland from 1840 to 2002. Broadly similar structures existed in Scotland from 1833 to 1975 with the reform of royal burghs and creation of police burghs.

<span class="mw-page-title-main">Orania</span> Autonomous town in Northern Cape, South Africa

Orania is an Afrikaner cultural town in South Africa, founded by Afrikaners., it is located along the Orange River in the Karoo region of the Northern Cape province. The town is split in two halves by the R369 road, and is 871 kilometres (541 mi) from Cape Town and approximately 680 kilometres (420 mi) from Pretoria. Its climate is semi-arid. The town uses its own currency, the Ora, and doesn’t allow non-Afrikaner people to live or work in it.

Elections in South Africa are held for the National Assembly, National Council of Provinces, provincial legislatures and municipal councils. Elections follow every 2 to 3 years with General Elections and Municipal Elections. The electoral system is based on party-list proportional representation, which means that parties are represented in proportion to their electoral support. For municipal councils there is a mixed-member system in which wards elect individual councillors alongside those named from party lists.

<span class="mw-page-title-main">Stellenbosch Local Municipality</span> Local municipality in Western Cape, South Africa

Stellenbosch Municipality is the local municipality that governs the towns of Stellenbosch, Franschhoek and Pniel, and the surrounding rural areas, in the Western Cape province of South Africa. It covers an area of 831 square kilometres (321 sq mi), and as of 2022 had a population of 175,411 people. It falls within the Cape Winelands District Municipality.

<span class="mw-page-title-main">George Local Municipality</span> Local municipality in Western Cape, South Africa

George Municipality is a local municipality within the Garden Route District Municipality, in the Western Cape province of South Africa. As of 2011, the population is 193,672. Its municipality code is WC044.

<span class="mw-page-title-main">Witzenberg Local Municipality</span> Local municipality in Western Cape, South Africa

Witzenberg Municipality is a local municipality located within the Cape Winelands District Municipality, in the Western Cape province of South Africa. As of 2022 it had a population of 103,765.

<span class="mw-page-title-main">Langeberg Local Municipality</span> Local municipality in Western Cape, South Africa

Langeberg Municipality, known before 28 August 2009 as Breede River/Winelands Municipality, is a local municipality located within the Cape Winelands District Municipality, in the Western Cape province of South Africa. As of 2011, it had a population of 97,724. Its municipality code is WC026.

<span class="mw-page-title-main">Overstrand Local Municipality</span> Local municipality in Western Cape, South Africa

Overstrand Municipality is a local municipality in the Western Cape province of South Africa. It is located along the Atlantic coast between Cape Town and Cape Agulhas, within the Overberg District Municipality. The principal towns in the municipality are Hermanus, Gansbaai and Kleinmond. As of 2022, it had a population of 132,495.

<span class="mw-page-title-main">Kannaland Local Municipality</span> Local municipality in Western Cape, South Africa

Kannaland Municipality is a local municipality located within the Garden Route District Municipality, in the Western Cape province of South Africa. The municipal area is situated in the western part of the Little Karoo and includes the towns of Ladismith, Calitzdorp and Zoar. As of 2022, it has a population of 31,986. Its municipality code is WC041.

<span class="mw-page-title-main">Laingsburg Local Municipality</span> Local municipality in Western Cape, South Africa

Laingsburg Municipality is a local municipality located in the Western Cape province of South Africa. As of 2022, the population is 11,366. Its municipality code is WC051.

<span class="mw-page-title-main">Municipalities of South Africa</span> Local government structure in South Africa

Local government in South Africa consists of municipalities of various types. The largest metropolitan areas are governed by metropolitan municipalities, while the rest of the country is divided into counties called district municipalities, each of which consists of several boroughs called local municipalities. Since the boundary reform at the time of the municipal election of 3 August 2016 there are eight metropolitan municipalities, 44 district municipalities and 205 local municipalities.

A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, rural council, village council, or board of aldermen.

In South Africa, a metropolitan municipality or Category A municipality is a municipality which executes all the functions of local government for a city or conurbation. This is by contrast to areas which are primarily rural, where the local government is divided into district municipalities and local municipalities.

<span class="mw-page-title-main">City of Cape Town</span> Metropolitan municipality in South Africa

The City of Cape Town is a metropolitan municipality that forms the local government of Cape Town and surrounding areas. As of 2022 it has a population of 4,772,846.

<span class="mw-page-title-main">Thembelihle Local Municipality</span> Local municipality in Northern Cape, South Africa

Thembelihle Municipality, formerly known as Oranje-Karoo Municipality, is a local municipality within the Pixley ka Seme District Municipality, in the Northern Cape province of South Africa. Thembelihle is a Xhosa word meaning "good hope".

<span class="mw-page-title-main">Twelfth Amendment of the Constitution of South Africa</span>

The Twelfth Amendment of the Constitution of South Africa altered the boundaries of seven of South Africa's nine provinces. It also redefined all of the provinces' geographical areas in terms of the areas of district and metropolitan municipalities, and repealed the provisions introduced by the Third Amendment that allowed municipal areas to cross provincial boundaries. A number of the boundary changes were highly controversial and led to popular protest and court challenges.

The Accord on Afrikaner self-determination is a South African political accord that recognises the right of the Afrikaner people on self-determination. The accord was signed by the Freedom Front, the African National Congress and the National Party-led South African government on 23 April 1994.

The Orania Representative Council is the local municipal representative council in the Northern Cape province of South Africa that governs the Afrikaner-town of Orania in the Pixley ka Seme District Municipality. During the implementation of a new municipal system in South Africa in 2000, the Orania Representative Council was the only representative council that was not abolished. Therefore, the Orania Representative Council is the only municipal body that still uses the old (pre-2000) municipal structure, based on the Local Government Transition Act of 1993.

References

  1. 1 2 Local Government Transition Act with Election Regulations 209 of 1993
  2. 1 2 "Legislative Update of the Local Government Transition Act" (PDF). Department of Cooperative Governance and Traditional Affairs. Retrieved 3 April 2021.
  3. 1 2 3 "Orania court action looming". News24. Retrieved 5 June 2016.
  4. 1 2 See Orania Transitional Representative Council and the Orania Inhabitants Association vs. The President of the Government of the Republic of South Africa and 47 others, Northern Cape High Court, 1148/2000.
  5. ↑ "Orania retains status quo". News24. Retrieved 5 June 2016.
  6. ↑ "Statement on Cabinet meeting of 4 April 2001". Government Communications (GCIS). Retrieved 5 June 2016.
  7. ↑ "Eie munisipale verkiesing" (in Afrikaans). Orania Beweging. Retrieved 5 June 2016.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.