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

Chapter 2 : Demarcation

Part 1 : Boundary determinations

23. When boundary determinations take effect

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(1)After the Board has considered any objections in terms of section 21 (5), or has redetermined a boundary under the circumstances provided for in the proviso to section 21 (2), the Board must without delay send particulars of the determination to the Electoral Commission.

[Section 23(1) substituted by section 10(a) of Act No. 51 of 2002]

 

(2)If the Electoral Commission is of the view that the boundary determination-
(a)will affect the representation of voters in the council of any of the municipalities affected by the boundary determination, the determination takes effect from the date of the next election in the area concerned; or
(b)will not materially affect the representation of voters in such council, the determination takes effect from a date determined by notice in the relevant Provincial Gazette by the MEC for local government in the province concerned.

 

(3)
(a)The Electoral Commission, within 60 days after having received the particulars referred to in subsection (1), must make known its view as envisaged in subsection (2) by notice in the relevant Provincial Gazette.
(b)The MEC for local government in the province concerned must publish the notice referred to in subsection (2) (b) within three months of the date of the notice published by the Electoral Commission in terms of paragraph (a), and send a copy of the notice to the Board.

[Section 23(3)(b) inserted by section 10 (b) of Act No. 51 of 2002]