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Municipal Demarcation BoardFuture of district management areas (DMAs)

Presentation: Hillary Monare: CEO: MDB

Portfolio Committee21 November 2007

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Overview

Legal provisions and history of DMAs.Some reasons for initiating the withdrawal of declarations.MDB proposals for the inclusion of DMAs into local municipalities.TimeframesResponses and the way forward.

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Legal provisionsNo Constitutional provisions for DMAs as such Structures Act, 1998: DMAs may be declared by MDB where it is not conducive to fulfil the Sec 24 objectives (provided for in the Demarcation Act, 1998) for the establishment of a category B municipalities.The section 24 objectives requires that when the Board determines a municipal boundary its objective must be to establish an area that would-

(a) enable the municipality for that area to fulfil its constitutional obligations, including-

(i) the provision of democratic and accountable government for the local communities;

(ii) the provision of services to the communitiesin an equitable and sustainable manner;

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Legal provisions(iii) the promotion of social and

economic development; and(iv) the promotion of a safe and

healthy environment;

(b) enable effective local governance; (c) enable integrated development; and(d) have a tax base as inclusive as possible of

users of municipal services in the municipality.

Declarations may also be withdrawn by MDB.Minister and responsible MEC to be consulted when an area is declared or when a declaration is withdrawn.

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History of DMAsOriginal policy (for 2000 local elections): Declare desertsand semi-arid areas, State protected areas, and conservation areas as DMAs25 DMAs declared in 2000 Review policy for 2006 elections: Only national parks/areas of national/international significance6 DMA disestablished prior to 2006 local elections, but removal of cross boundary municipalities resulted in 2 DMAs for Kruger ParkCurrently 20 DMAsAfter 2006 local elections started with policy review.July 2007: Released discussion document on future of DMAs

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History of DMAsOptions:

1. Status quo – keep current 20 DMA andboundaries

2. Review all to declare national parks and areas of national and international significance

3. Withdraw all declaration and include DMAs inadjacent local municipalities and wards

Due to a range of legal and practical problems - which will be referred to in the slides to follow - the MDB prefers the third option.

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Reason 1: Legislation unclear and confusing

No reference to DMAs in Constitution: Inclusion in DC areas provided for in Structures Act - an after thought ?Criteria: Not conducive to establish local munic in DMA areas, but inclusion in local munic would qualify for compliance to sec 24 criteriaWithdrawal – Structures Act: declaration takes effect on date of next election. In conflict with sec 23 of Demarcation Act – MEC can determine date.Withdrawal of DMA and inclusion in “another” local munic. (Currently not in a local municipality, but part of DC)More matters pertaining to legislation in other slides

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Reason 2: Many NP, WHS & TFP never declared as DMAs

Table mountain national park (Cape Town Metro)Bontebok national park (DC3)Agulhas national park (DC3)Wilderness national park (DC4)Richtersveld national park (DC6)Namaqua national park (DC6)Mapungubwe national park (DC34)Marakele national park (DC36)Groenkloof national park (Tshwane metro)Robben Island WHS (Cape Town metro)Mapungubwe cultural landscape WHS (DC34)Cape Floral Region Protected Areas WHS (Cape Metro and number of DCs)Vredefort dome WHS (DC40)

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Reason 3: Legally not possible to declare DMA across international borders

International border

Great LimpopoTransfrontierPark

(MozambiqueSouth Africa & Zimbabwe)

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Reason 3 (cont): Legally not possible to declare DMA across international borders : Ai-/Ais Richtersveld TFP (Namibia & RSA) & RSA Portion of TFP never declared as DMA

International border

No DMA

Never declared

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Reason 3 (cont): Legally not possible to declare DMA across international borders: Kgalagadi TFP

NCDMA8

NCDMA8

TFPInternational border: RSA/Botswana

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Reasons 4: Legally not possible to declare DMAs in metro areas.

Table Mountain NP

Robben island WHS

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Reasons 4 (cont): Legally not possible to declare DMAs in metro areas.

TSHWANE: GROENKLOOF NATIONAL PARK

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Reason 5: Mismatch between boundaries of DMA and NP, TFP & WHS

DMA -DC3

Bontebok & AgulhasNat. Parks

DMA

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Reason 5 (cont): Another example of mismatch between boundaries of DMA and NP, TFP & WHS

Richtersveld NP(never declared)

Namaqua NP

DMA

Tankwa KarooNP (Portion of DMA bigger than NP)

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Reason 6: DMAs may not straddle provincial boundaries while NP may

DMADC4

WC/EC: Portion Tsitsikamma Nat. Parks

DMA

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Reason 6 (cont): DMAs may not straddle provincial boundaries while NP may

Limpopo/Mpumalanga:

Northern portion of Kruger DMA in Mopani/Limpopo.

Southern portion in Ehlanzeni/Mpumalanga

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Reason 6 (cont): Declared DMA areas split by provincial boundary

Provincial boundary between WC & NCNCDMA6

WCDMA1

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Reason 7: DMA areas are split by boundaries of district municipalities

NCDMA6

NCDMA8

NCDMA7

NCDMA8

NCDMA7

NCDMA45

Boundary between DC6 & DC 8

Boundaries between DC7 & DC8

Boundary between DC8 & DC45

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Reason 8: Boundaries change from time to time – affects spatial stability in municipalities

Sizes of national parks change from time to time.Since 1994 total of 176 931 hectares added to 10 national parks Vaalbos national park was de-proclaimed due to successful land restitution claim. New national park, Mokala, recently opened and planning being done to increase the size from 20000 to 100000 haNumber of request for changes to municipal/DMA boundaries still pending

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Reason 9: DMA boundaries will in general always differ from NP boundaries due different criteria

Boundaries of national parks are there to protect a particular area for conservation reasonsThe Criteria for DMAs are different namely to have boundaries for an area that does not qualify to be a local municipality.Example: The 2 Kruger Park DMAs are bigger that the Park as adjacent game/nature reserves also form part of the DMA

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Reason 10: Confusion around the performance of powers and functions

In a DMA the district municipality has all municipal powers and functions – sec 89 Structures Act Defeating the purpose of the division of powers and functions between district and local municipalities. Why then a 2 tier system?Most DCs with DMAs allege they perform certain (not all!) functions in DMAsPicture skew: some perform functions without staff, budget and infrastructure. Other do not perform functions but have staff, budget and infrastructure.Non-local government services in DMAs not addressed.

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Reason 11: Population, equitable share & MIG reasonably insignificant compared to national numbers• Population in 20 DMAs affected: 82,143(National population: 48 000 000)

• Voters (2004) in 20 DMAs: 36, 913(Voters – national: About 20 000 000)

• Equitable Share for 20 DMAs (2007):74,502,379

(National allocation: 20 675 620 000)• MIG for 20 DMAs(2007): 32,467,138(National allocation: 7 548 564 000)

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Reason 11 (cont): Population, equitable share & MIG reasonably insignificant compared to national numbers

DMA Demarcation

Code Province PopulationNumber of

households

Number of poor

households*

Poor households with access

to services **

Equitable Share

2007 MTEFMIG

2007 MTEFAberdeen Plain ECDMA10 Eastern Cape 8,254 2,544 1,205 349 7,941,083 4,470,715Mount Zebra NP ECDMA13 Eastern Cape 89 23 0 0 0 23,809Golden Gate Highlands NP FSDMA19 Free State 171 54 6 5 64,045 10,436Sterkfontein GTDMA48 Gauteng 5,781 2,015 515 244 4,044,351 2,293,611Highmoor/ Kamberg Park KZDMA22 KwaZulu Natal 12 10 1 0 7,807 2,626Giants Castle Game Reserve KZDMA23 KwaZulu Natal 512 223 13 5 245,034 110,810St Lucia Park KZDMA27 KwaZulu Natal 6,538 1,631 824 125 4,509,066 4,315,085Mkhomazi Wilderness Area KZDMA43 KwaZulu Natal 814 335 112 51 887,321 294,105Kruger Park MPDMA32 Mpumalanga 2,656 1,695 247 153 2,245,749 934,654Namaqualand NCDMA06 Northern Cape 813 342 146 43 974,470 511,997Karoo DMA NCDMA07 Northern Cape 3,175 1,102 566 165 3,732,131 2,054,534Siyanda DMA NCDMA08 Northern Cape 9,090 3,253 1,283 454 9,161,844 4,041,252Diamondfields NCDMA09 Northern Cape 5,218 1,817 810 277 5,676,406 3,054,080Kalahari CBDMA NCDMA45 Northern Cape 6,237 2,497 904 448 7,406,653 2,034,360Kruger Park NPDMA33 Limpopo 999 611 39 32 427,605 156,664West Coast DMA WCDMA01 Western Cape 4,258 1,188 461 249 3,978,467 1,663,698Breede River DMA WCDMA02 Western Cape 6,500 1,939 326 144 2,523,325 1,252,895Overberg DMA WCDMA03 Western Cape 248 83 0 0 0 9,206South Cape DMA WCDMA04 Western Cape 14,594 3,558 1,312 877 12,615,327 3,894,033Central Karoo DMA WCDMA05 Western Cape 6,184 1,574 739 608 8,061,696 1,338,568Total 82,143 26,494 9,509 4,229 74,502,379 32,467,138

Note: * Households earning less than R800 per month ** Households with access to water, sanitation, electricity and refuse removal

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Reason 12: Not many local municipalities will be affected, but number can change due to inputs by stakeholders.

ProvinceDistrict

MunicipalitiesLocal

MunicipalitiesWestern Cape 5 10Northern Cape 5 12Eastern Cape 2 6Free State 1 1KwaZulu Natal 4 9Mpumalanga 1 2Limpopo 1 2Gauteng 1 1North West 0 0Total 20 43

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Reason 13: Electoral system unnecessarily complicated

Electoral system for local government: PR & ward

Special system for DMAs: 2 PR votes

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Reason 14: Registered voters in DMAsminimal and can easily exercise right to vote in local municipalities

Only 7 of the 20 DMAs have more than the minimum number of voters per ward in adjacent local municsOnly 1 DMA has more than the max number of voters per ward.3 DMAs – less that 100 voters3 DMAs -100 – 500 voters2 DMAs – 500 – 1000 voters1 DMA – 1000 -1500 voters2 DMAs – 1000 – 1500 voters6 DMAs – 2000 – 3000 voters3 DMAs – more than 3000 voters

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Reason 14 (cont): Registered voters in DMAsminimal and can easily exercise right to vote in local municipalitiesDISTRICT MUNICIPALITY NO OF REGISTERED

VOTERS IN DMA (2004)Cacadu District Municipality (DC10) 2190Chris Hani District Municipality 35Thabo Mofutsanyane District Municipality

(DC19) 153Westrand District Municipality (DC48) 2032

uMgungundlovu District Municipality (DC22) 67Uthukela District Municipality (DC23) 253

Umkhanyakude District Municipality (DC27) 5937Sisonke District Municipality (DC44) 466Mopani District Municipality (DC33) 852Ehlanzeni District Municipality (DC32) 2556

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Reason 14 (cont): Registered voters in DMAsminimal and can easily exercise right to vote in local municipalities

DISTRICT MUNICIPALITY NO OF REGISTERED VOTERS IN DMA (2004)

Namakwa District Municipality (DC06) 536Pixley Ka Seme District Municipality (DC07) 1250Siyanda District Municipality (DC08) 2700Frances Baard District Municipality (DC09) 1487Kgalagadi District Municipality (DC45) 3215West Coast District Municipality (DC01) 1975Cape Winelands District Municipality (DC2) 2540Overberg District Municipality (DC03) 83Eden District Municipality (DC04) 5686Central Karoo District Municipality (DC05) 2900

Voter’s data: IEC 2004: Division of national common voters’ roll

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Reason 15: Councillor: voter ratio a concern –Represent geographic areas but voter weight per councillor differs

DMA PR councillors serve, as ward councillors, a defined geographic areaWhy can DMA voters not vote for a ward candidate?Currently major discrepancies between voter weight of PR/Ward councillor eg. Report provides full details (p 52 -59)Kruger Park has even 2 councillorsCouncillor : voter ratio a concern eg

- DMA in Overberg DC: 83 voters. Ward norm in Cape Agulhas 2749 , and in Swellendam 2524

- DMA in Umkhanyakude (DC27): 5937. Ward norm inJozini 3522, The Big Five False Bay 2969; Hlabisa 3607 &Mtubatuba 3209

- KZNDMA22 Highmoor/Kamberg Park inuMgungundlovu: 67 voters in DMA. Ward norm inuMngeni 3207 and in Mooi Mpofana 3427

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WC Proposal: DC1:Proposed inclusion of the Upper northern portions of WCDMA01, west of N7 national road, and the portion east of N7 into Matzikama, inclusion of Eastern portion of WCDMA01 into Cederberg (WC012); and the lower southern portion of WCDMA01, west of the R27 main road into Saldanha (WC014).

DC1

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WC Proposal:DC2:Proposed inclusion of the upper northern portions of WCDMA02, north of Breede Rivier town into Witzenberg (WC022); the northern portion of WCDMA02, north of the N1 national road into Breede Valley (WC025) and lower portions of WCDMA02, east of the Waterval Straatbos town, and the portion east of Montagu town into BreedeRiver/Winelands (WC026)

DC2

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WC Proposal: DC3: Proposed inclusion of southern portion of WCDMA03 south west of R324 Swellendam (WC034) and southern remaining portion of WCDMA03 east of R313 into Cape Agulhas (WC033)

DC3

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WC Proposal: DC4: Proposed inclusion of the eastern portion of WCDMA04 east of the R339 into Bitou (WC074); the middle southern portion of WCDMA04 south of the Kammanassie river into Knysna (WC048); the western portion of WCDMA04 west of the Meul river into George (WC044); and the northern portion of WCDMA04 west of the N9 into Oudtshoorn (WC045)

DC4

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WC Proposal DC5: Proposed inclusion of WCDMA05 into Beaufort West (WC053).

DC5

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NC DC6: Proposed inclusion of the upper north western portions of NCDMA06 into Khai-Ma (NC067); the eastern portion north of the R63 main road, into Karoo-Hoogland(NC066) and the lower southern portion, north of Takwariver, into Hantam (NC065).

DC6

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NC DC7: Proposed inclusion of the lower southern portion of NCDMA07 into Siyathemba (NC077); and the remaining upper portion into Siyancuma (NC078).

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NC DC8: Proposed inclusion of the upper northern portion of

NCDMA08, north of the R38 into Mier (NC081); the portions of south west of N10 into Kai! Garib (NC082); the north eastern portion, south of the R31 main road, and the portion of the west of the R360 into //Khara Hais; the eastern portions, north of the N12 main road, and the portion south of the N12 into Tsantsabane (NC085); and the remaining lower southern portion of of the R27 into !Kheis.

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NC DC9: Proposed inclusion of whole NCDMA09 area into Dikgatlong (NC092).

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NC DC45:Proposed inclusion of the western portion of NCDMA45, west of the R360 into Gamagara (NC453) and the remaining portion east of the R360 into Moshaweng (NC451).

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EC: DC10 Proposed inclusion of the western portion and the eastern portion into Sunday’s River Valley (EC106), the south western portion, and the lower southern portion into Camdeboo (EC101); the north western portion into Blue Crane Route (EC102); and the lower southern portion into Koukamma (EC109)

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EC DC13: Proposed inclusion of the western portion of ECDMA13 into Inxuba ye Themba (EC131); and the eastern portion into Tsolwana.

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FS DC19: Proposed inclusion of FSDMA19 into Maluti a Phofung Local Municipality (FS194)

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KZN DC22: Proposed inclusion of DMA into Mpofana Local Municipality (KZN223)

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KZN DC23: Proposed inclusion of the upper western portions and the southern portion into Okhahlamba (KZN235); and the remaining lower south western portions into Imbabazane(KZN236)

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KZN DC27: Proposed inclusion of southern portion east of R22 into Umhlabuyalingana (KZN271); the western portion west of R22 road into Jozini (KZN272); the eastern portion east of R22 into the Big Five False Bay (KZN273); the western portion west of N2 into Hlabisa (KZN274), inclusion of the eastern portion east of the N2 into Mtubatuba (KZN275).

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KZN DC43: Proposed inclusion of KZNDMA43 into Kwa Sani Local municipality (KZN432)

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MP DC32: Proposed inclusion of northern portion of MPDMA32 north of Sabie river into Bushbuckridge (MP325) and southern portion of MPDMA32 south of Crocodile river into Mbombela(MP322)

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LIM DC33: North of Olifants River up to Byashishi and Dzombo rivers to Ba-Phalaborwa, and remaining portion to Greater Giyani.

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GT DC48: Proposed inclusion of GTDMA48 into ward 23 of the Mogale City (GT481)

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Timeframes to finalise before ward delimitation for 2011 local electionsJuly-Nov 2007 Report sent to all the stakeholders and commencement of consultation with affected municipalities, MECs,

Minister of the DPLG, SALGA, etc

Dec 2007 Board decisions on future of DMAs

January 2008 Publication of section 26 notices in terms of the Demarcation Act, and section 6 of the Municipal Structures Act if necessary.

January-February 2008

Period for submissions, analysis and consideration of views (sections 24 and 25 refers) and representations received in terms of section 26 of the Demarcation Act.

February 2008 Board to consider all the submissions received in terms of section 26 and decide whether to approve the re-determine and publish section 21 notices for objections.

March 2008 Publication of section 21 notices inviting objections.

March-April 2008 Period for submissions, analysis and consideration of all objections (sections 24 and 25 refers) and representations received in terms of section 21 of the Demarcation Act.

April 2008 Board meeting to consider sec 21 objections, approve sec 21(5) notices.

May 2008 Finalise outer boundaries of municipalities – section 21(5) notices published before the elections and IEC informed

June 2008 IEC publishes all outstanding sec 23 notices

July 2008 MECs publish all outstanding section 23 notices

July 2008 MEC publish notices in terms of section 12 and/or 17 of the structures Act.

Aug 2008 Municipal boundaries provided to IEC to start preparing for the elections.

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Responses & Way forwardWorkshops held in all provinces with DMAsMost stakeholders not ready to make final inputs during workshopsGeneral support for inclusion of DMAs in local municipalitiesHowever, some requested status quo and a number recommended alternative boundaries Board to consider inputs on 6 December 2007Notice to invite objections within 30 days published in December 2007/January 2008Close legal process in May 2007 & hand to IEC for voting district alignment.New boundaries become effective on date on next local elections.