Impending Invalidity of Local Government Act | Western Cape Government

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Impending Invalidity of Local Government Act

8 March 2019

7 March 2019

 

Statement by Minister of Local Government, Environmental Affairs and Development Planning, Anton Bredell.

 

The Minister of Local Government, Environmental Affairs and Development Planning, Anton Bredell, has written to the National Minister for Cooperative Governance and Traditional Affairs, dr. Zweli Mkhize, asking for urgent intervention in relation to the pending invalidity of the Local Government Municipal Systems Amendment Act 7 of 2011.

 

Among other things the amendment act inserted Section 56A into the Act which introduced the restriction that municipal managers or managers directly accountable to municipal managers could no longer hold political office in a political party.

 

“Two years ago the National Department lost its court action in the Constitutional Court whereby the Act in question was declared unconstitutional. The declaration of invalidity was however suspended for 2 years to allow for corrective legislation to remedy the defects. This 24-month period expires on 9 March,” says Bredell.

 

The provincial Minister has advised his National government counterpart that: “The declaration of invalidity has not yet been remedied and the only recourse at this stage is an extension of the period of suspension.”

 

“If the declaration of invalidity comes into effect on 10 March 2019 it will have significant consequences These include, but are not limited to, consequences relating to the appointment of municipal managers and the managers reporting to them.”

 

Bredell has now requested the National minister to urgently advise provinces and municipalities of the steps being taken by the National department to address the situation.

 

ENDS.

Media Enquiries: 

James-Brent Styan

Spokesperson for the Minister of Local Government, Environmental Affairs and Development Planning, Anton Bredell

Mobile:                   084 583 1670

Telephone:            021 483 2820

E-mail:                    James-Brent.Styan@westerncape.gov.za