Provincial Gazette Igazethi Yephondo Provinsiale Koerant (Extraordinary)

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1 PROVINCE OF THE EASTERN CAPE IPHONDO LEMPUMA KOLONI PROVINSIE OOS-KAAP Provincial Gazette Igazethi Yephondo Provinsiale Koerant (Extraordinary) BISHO/ Vol AUGUST 2015 KING WILLIAM S TOWN, No We oil Irawm he power to pment kiidc Prevention is the cure AIDS HElPl1NE DEPARTMENT OF HEALTH N.B. The Government Printing Works will not be held responsible for the quality of Hard Copies or Electronic Files submitted for publication purposes ISSN

2 2 No PROVINCIAL GAZETTE, EXTRAORDINARY, 20 AUGUST 2015 IMPORTANT I nfarmai,o-w from Government Printing Works Dear Valued Customers, Government Printing Works has implemented rules for completing and submitting the electronic Adobe Forms when you, the customer, submits your notice request. Please take note of these guidelines when completing your form. GPW Business Rules 1. No hand written notices will be accepted for processing, this includes Adobe forms which have been completed by hand.,-..,. 2. Notices can only be submitted in Adobe electronic form format to the submission address This means that any notice submissions not on an Adobe electronic form that are submitted to this mailbox will be rejected. National or Provincial gazette notices, where the Z95 or Z95Prov must be an Adobe form but the notice content (body) will be an attachment. 3. Notices brought into GPW by "walk -in" customers on electronic media can only be submitted in Adobe electronic form format. This means that any notice submissions not on an Adobe electronic form that are submitted by the customer on electronic media will be rejected. National or Provincial gazette notices, where the Z95 or Z95Prov must be an Adobe form but the notice content (body) will be an attachment. 4. All customers who walk in to GPW that wish to submit a notice that is not on an electronic Adobe form will be routed to the Contact Centre where the customer will be taken through the completion of the form by a GPW representative. Where a customer walks into GPW with a stack of hard copy notices delivered by a messenger on behalf of a newspaper the messenger must be referred back to the sender as the submission does not adhere to the submission rules. 5. All notice submissions that do not comply with point 2 will be charged full price for the notice submission. 6. The current cut -off of all Gazette's remains unchanged for all channels. (Refer to the GPW website for submission deadlines Incorrectly completed forms and notices submitted in the wrong format will be rejected to the customer to be corrected and resubmitted. Assistance will be available through the Contact Centre should help be required when completing the forms. ( or 8. All re- submissions by customers will be subject to the above cut -off times. 9. All submissions and re- submissions that miss the cut -off will be rejected to the customer to be submitted with a new publication date. 10. Information on forms will be taken as the primary source of the notice to be published. Any instructions that are on the body or covering letter that contradicts the notice form content will be ignored. You are therefore advised that effective from Monday, 18 May 2015 should you not comply with our new rules of engagement, all notice requests will be rejected by our new system. Furthermore, the fax number will also be discontinued from this date and customers will only be able to submit notice requests through the address government printing Department. / Government Punting Works,, REPUBLIC OF SOUTH AFRICA egazette

3 PROVINSIALE KOERANT, BUITENGEWOON, 20 AUGUSTUS 2015 No DISCLAIMER: Government Printing Works reserves the right to apply the 25% discount to all Legal and Liquor notices that comply with the business rules for notice submissions for publication in gazettes. National, Provincial, Road Carrier Permits and Tender notices will pay the price as published in the Government Gazettes. For any information, please contact the egazette Contact Centre on or info.egazette@gpw.gov.za ADVERTISEMENT PROVINCIAL NOTICES PROVINSIALE KENNISGEWINGS Gazette No. 74 Co-operative Governance And Traditional Affairs: Repeal of Local Government and Traditional Affairs Laws Bill, 2015 (Eastern Cape) Co-operative Governance And Traditional Affairs: Repeal of Local Government and Traditional Affairs Laws Bill, Page No.

4 74 Co-operative Governance And Traditional Affairs: Repeal of Local Government and Traditional Affairs Laws Bill, 2015 (Eastern Cape) No PROVINCIAL GAZETTE, EXTRAORDINARY, 20 AUGUST 2015 Provincial Notices Provinsiale Kennisgewings PROVINCIAL NOTICE 74 OF 2015 DEPARTMENT OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS REPEAL OF LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS LAWS BILL, 2015 (EASTERN CAPE) As introduced

5 PROVINSIALE KOERANT, BUITENGEWOON, 20 AUGUSTUS 2015 No (BY THE MEMBER OF THE EXECUTIVE COUNCIL RESPONSIBLE FOR CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS IN THE PROVINCE OF THE EASTERN CAPE) BILL To repeal obsolete and old order legislation dealing with local government and traditional affairs in the Province of the Eastern Cape; and to provide for matters connected therewith. BE IT ENACTED by the Legislature of the Province of the Eastern Cape, as follows:- REPEAL OF LAWS 1. The laws mentioned in the second column of the Schedule are hereby repealed to the extent set out in the third column thereof. SHORT TITLE 2. This Act is called the Repeal of Local Government and Traditional Affairs Laws Act (Eastern Cape), 2015 and shall come into operation on a date determined by the premier by proclamation in the Provincial Gazette.

6 6 No PROVINCIAL GAZETTE, EXTRAORDINARY, 20 AUGUST 2015 SCHEDULE Number and year of Act Short title Extent of repeal Act 25 of 1976 Administration Amendment Act (Transkei) Act 38 of 1927 Black Administration Act Sections 1, 2(7)bis, 2(7)ter and 8 Act 5 of 2000 Determination of Types of Municipality Act 17 of 1987 Municipalities Act (Ciskei) Excluding chapters 11 and 12 Act 4 of 1984 Black Communities Section 57 Development Act Act 117 of 1993 Local Government Affairs Section 1 Act 209 of 1993 Second Amendment Act Local Government Transition Act and Regulations Act 68 of 1951 Black Authorities Act Act 9 of 2001 Eastern Cape: Determination of Types of Municipality Act Act 23 of 1991 Act 108 of 1991 Customary Law Amendment Decree (Ciskei) Abolition of Racially based Land measures Act Chapter V11 ss excluding section 102(3) Act 4 of 1965 Transkei Authorities Act Section 44 Ordinance 6 of 1926 Cremation ordinance Ordinance 13 of 1978 Committees of Inquiry Ordinance Ordinance 26 of 1944 Valuation Ordinance Ordinance 23 of 1935 Local Authorities (Investment of funds) Ordinance Ordinance 11 of 1919 East London Municipal Ordinance Ordinance 18 of 1976 Divisional Councils Ordinance Ordinance 8 of 1913 East London Chamber of

7 PROVINSIALE KOERANT, BUITENGEWOON, 20 AUGUSTUS 2015 No Number and year of Act Short title Extent of repeal Commerce Amendment Private Ordinance Ordinance 13 of 1965 Delegation of Powers Ordinance Ordinance 16 of 1964 Prescription (Local Authorities) Ordinance Ordinance 19 of 1978 Dog Tax Ordinance Repeal as a Ordinance 148 of 1993 Property Valuation Ordinance Repeal as a Ordinance 15 of 1977 Recovery of payment by Statutory Bodies Ordinance Proclamation R191 of 1967 Community Services in Black Areas Regulations Proclamation R269 of 1968 Sanitary Regulations in rural Black areas Proclamation R 402 of 1988 Disposal of State Land in Towns Regulations Repealed ass a Proclamation R13 of 1996 Rural Local Government Enactments Amendment Enactment Proclamation R9 of 1995 Endorsement of Title Deeds in favour of a Transitional Local Council or a Metropolitan Council

8 8 No PROVINCIAL GAZETTE, EXTRAORDINARY, 20 AUGUST 2015 EXPLANATORY MEMORANDUM ON THE REPEAL OF LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS LAWS (EASTERN CAPE) BILL, 2015 PART 1 (GENERAL PRINCIPLES) BACKGROUND The Province inherited a myriad of laws from the then Cape Provincial Administration, Republics of Transkei and Ciskei. Some of these laws have become obsolete and therefore it is necessary that they be removed from the statute books. This Bill is therefore intended to repeal all these obsolete laws. REASONS AND EFFECT OF THE BILL The Bill is to ensure that old order legislation is repealed thereby creating legal certainty. OBJECTS OF THE BILL The objects of the Bill is to repeal obsolete and old order legislation of the Eastern Cape Province. FINANCIAL IMPLICATIONS There are no financial implications

9 PROVINSIALE KOERANT, BUITENGEWOON, 20 AUGUSTUS 2015 No CONSULTATION The following Municipalities have been consulted on legislation repealed by this Bill: 1. Alfred Nzo District Municipality 2. Amathole District Municipality 3. Cacadu District Municipality 4. Chris Hani District Municipality 5. Joe Gqabi District Municipality 6. O.R. Tambo District Municipality 7. Buffalo City Metropolitan Municipality 8. Nelson Mandela Bay Metropolitan Municipality, no response/input has been received from this municipality PART 2 (Clause by Clause Analysis) CLAUSE 1 - CLAUSE 2 - provides for the repeal of all legislation listed in the Schedule to the Bill provides the short title of the Bill

10 75 Co-operative Governance And Traditional Affairs: Repeal of Local Government and Traditional Affairs Laws Bill, No PROVINCIAL GAZETTE, EXTRAORDINARY, 20 AUGUST 2015 PROVINCIAL NOTICE 75 OF 2015 DEPARTMENT OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS REPEAL OF LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS LAWS BILL, 2015 The Member of the Executive Council for Co-operative Governance and Traditional Affairs hereby publishes the Repeal of Local Government and Traditional Affairs Laws Bill, for public comments to the Schedule as set out in the Bill. Interested persons and organisations may submit their comments to the above-mentioned Bill in writing on or before the 16 July 2015 to: The Superintendent-General Department of Co-operative Governance and Traditional Affairs Room 2124 Tyamzashe Building Phalo Avenue BHISHO Or per fax to & Private Bag x 0035 BHISHO 5605 Or peters.marge@eclgta.gov.za Kindly provide the name, address, telephone, fax numbers and address of the person or organisation submitting the comments

11 PROVINSIALE KOERANT, BUITENGEWOON, 20 AUGUSTUS 2015 No

12 12 No PROVINCIAL GAZETTE, EXTRAORDINARY, 20 AUGUST 2015 Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, Contact Centre Tel: Also available at the Legal Advisory Services, Province of the Eastern Cape, Private Bag X0047, Bisho, Tel. (040)