Regional Services Councils Act, 1985 (Act No. 109 of 1985)3. Establishment of regional services councils |
(1)
| (a) | The Administrator may, subject to the provisions of section 2 (2) (b) and (c), by notice in the Official Gazette and with effect from a date specified in such notice, establish a regional services council for any region and from time to time announce which local bodies are represented thereon. |
| (b) | A council shall be a juristic person and shall in respect of its region be charged with such functions or any part of a function mentioned in Schedule 2 as may from time to time, subject to the provisions of section 2 (2) (b) and (c) of this Act and section 3 (2) (a) of the Public Service Act, 1984 (Act 111 of 1984), by notice in the Official Gazette be identified as a regional function and be entrusted to that council. |
| (c) | The Administrator may, subject to the provisions of paragraph (b), also identify and so entrust as a regional function the retail supply of electricity and water which at the commencement of this Act is undertaken by a local authority or other institution or body in the region in question or in any part thereof. |
(2)
| (a) | If— |
| (i) | a local body referred to in subsection (1); |
| (ii) | the Transvaal Board for the Development of Peri-Urban Areas established by section 2 of the Transvaal Board for the Development of Peri-Urban Areas Ordinance, 1943 (Ordinance 20 of 1943), of the Transvaal; |
| (iii) | the Development and Services Board mentioned in section 1 of the Development and Services Board Ordinance, 1941 (Ordinance 20 of 1941), of Natal; |
| (iv) | [sub-para. (iv) deleted by s. 3 (a) of Act 49 of 1988]. |
| (v) | a regional water services corporation established by section 7 of the Water Services Ordinance, 1963 (Ordinance 27 of 1963), of Natal, is at a date on which a function or any part of a function is in terms of subsection (1) identified as a regional function and entrusted to a council, charged with that function or any part thereof, that body, board or corporation shall be relieved of its duties in relation to that function or part thereof in the region concerned, with effect from that date or such other date as is mentioned in the notice, and different dates may be determined in respect of different regional functions which have been so identified. |
| (b) | The Administrator may, subject to the provisions of section 4 (2) of this Act and section 14 of the Public Service Act, 1984, as the case may be, transfer or second to, or place his services at the disposal of, a council, any officer or employee in the employment of any body, board or corporation referred to in paragraph (a), a province or the State. |
| (3) | The Administrator may, subject to the provisions of section 2 (2) (b) and (c) of this Act and section 3 (2) (a) of the Public Service Act, 1984, amend, substitute or repeal any notice in terms of this section. |
| (4) | The Minister of Provincial Affairs and Constitutional Development shall as soon as possible after the assignment of the administration of this Act under section 235 (8) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), to a competent authority within the government of the respective provinces, rationalise by notice in the Gazette the councils for the regions Pretoria, Kamdeboo, Klein Karoo, Sentrale Karoo, Lowveld/Platorand, Oosvaal, West Rand and North West with a view to the establishment of councils the areas of jurisdiction of which fall within the boundaries of a single province. |