LOCAL GOVERNMENT LEGISLATION INSTRUCTING A MUNICIPALITY TO PUBLISH A NOTICE IN THE PROVINCIAL GAZETTE Fire Brigade Services Act 99 of 1987

55 (1) Declaration of local state of disaster In the event of a local disaster the council of a municipality having primary responsibility for the coordination and management of the disaster may, by notice in the Provincial Gazette, declare a local state of disaster ifA municipal state of disaster that has been declared in terms of subsection (1)(a) lapses three months after it has so been declared; (b) may be terminated by the council by notice in the Provincial Gazette before it lapses in terms of paragraph (a); and (c) may be extended by the council by notice in the Provincial Gazette for one month at a time before it lapses in terms of paragraph (a) or the existing extension is due to expire.

(5)

Local Government: Municipal Systems Act 32 of 2000 13 Publication of by-laws A by-law passed by a municipal council(a) must be published promptly in the Provincial Gazette, and, when feasible, also in a local newspaper or in any other practical way to bring the contents of the by-law to the attention of the local community. Communications to local community A copy of every notice that must be published in the Provincial Gazette or the media in terms of this Act or any other applicable legislation, must be displayed at the municipal offices. Copy of Provincial Gazette as evidence A copy of the Provincial Gazette in which a by-law was published, may on its mere production in a court by any person, be used as evidence that that by-law was passed by a municipality concerned.

21 (3) 111

Local Government: Municipal Property Rates Act 6 of 2004 14

(2)
49 (1)

Promulgation of resolutions levying rates

A resolution levying rates in a municipality must be promulgated by publishing the resolution in the Provincial Gazette.
Public notice of valuation rolls The valuer of a municipality must submit the certified valuation roll to the municipal manager, and the municipal manager must within 21 days of receipt of the roll(a) publish in the prescribed form in the Provincial Gazette, and once a week for two consecutive weeks advertise in the media, a notice-.

LOCAL GOVERNMENT LEGISLATION INSTRUCTING THE MEC TO PUBLISH A NOTICE IN THE PROVINCIAL GAZETTE Local Government: Municipal Systems Act 32 of 2000 14 Standard draft by-laws (2) (b) Before making any standard draft by-laws or amendment in terms of paragraph (a), the MEC must(i) publish the proposed standard draft by-laws or amendment in the Provincial Gazette for public comment; 47 Reports by MEC (1) The MEC for local government must annually compile and submit to the provincial legislatures and the Minister a consolidated report on the performance of municipalities in the province. (2) (c) The report must be published in the Provincial Gazette. Local Government: Municipal Structures Act 117 of 1998 12 MECs to establish municipalities (1) The MEC for local government in a province, by notice in the Provincial Gazette, must establish a municipality in each municipal area which the Demarcation Board demarcates in the province in terms of the Demarcation Act. 25 By-elections (4) If the municipal manager of the municipality concerned does not call and set a date for a by-election within 14 days of the applicable date referred to in paragraph (a), (b), (c) or (d) of subsection (3), the MEC for local government in the province, after consulting the Electoral Commission, must, by notice in the Provincial Gazette, call and set a date for the by-election, which must be held within 90 days of the applicable date. 35 Caretaker provisions (2) When appointing one or more administrators the MEC for local government, by notice in the Provincial Gazette, must determine the functions and powers of the administrator or administrators. 81 Participation in municipal councils (3) (a) The MEC for local government in a province, in accordance with Schedule 6 and by notice in the Provincial Gazette, must identify the traditional leaders who in terms of subsection (1) may participate in the proceedings of a municipal council. Local Government: Municipal Demarcation Act 27 of 1998 23 When boundary determinations take effect (2) If the Electoral Commission is of the view that the boundary determination-

(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) (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. Local Government: Municipal Property Rates Act 6 of 2004 56 Establishment of valuation appeal boards (1) The MEC for local government must, by notice in the Provincial Gazette, establish as many valuation appeal boards in the province as may be necessary, but not fewer than one in each district municipality and each metropolitan municipality. Traditional Leadership and Governance Framework Act 41 of 2003 28 Transitional arrangements (6) (a) The member of the Executive Council of a province responsible for traditional affairs must, by notice in the Provincial Gazette, within one year of the commencement of this Act disestablish any regional authority, Ibandla Lamakhosi, Council of Chiefs and ward authority functioning under tribal authorities that have been established in terms of applicable legislation before the commencement of this Act.

LOCAL GOVERNMENT LEGISLATION INSTRUCTING THE PREMIER TO PUBLISH A NOTICE IN THE PROVINCIAL GAZETTE. Traditional Leadership and Governance Framework Act 41 of 2003 2B Recognition of principal traditional communities (8) The withdrawal of a principal traditional community must be done by way of a notice in the Provincial Gazette. 3 Establishment and recognition of traditional councils (2) The Premier concerned must, by notice in the Provincial Gazette and in accordance with the relevant provincial legislation, recognise a traditional council for that traditional community within a defined area of jurisdiction. 3A Establishment and recognition of kingship or queenship councils (3) The Premier must, by notice in the Provincial Gazette and in accordance with this Act, recognise a kingship or queenship council for that kingship or queenship within a defined area of jurisdiction, whereafter the Premier must inform the President and the Minister of such establishment and recognition. 3B Establishment and recognition of principal traditional councils (4) The Premier must, by notice in the Provincial Gazette and in accordance with this Act, recognise a principal traditional council for that principal traditional community within a defined area of jurisdiction. 4B Establishment and functions of traditional sub-councils (2) The Premier must, in the Provincial Gazette, recognise the traditional sub-council as part of the main traditional council, and define the area of its jurisdiction. 10A Recognition of principal traditional leaders (1) Whenever the position of a principal traditional leader is to be filled, (b) The Premier must, in accordance with provincial legislation and subject to subsections (2) and (3), recognise a person so identified in terms of paragraph (a) (i) as a principal traditional leader, (3) The provincial legislation referred to in subsection (1) (b) must at least provide for(a) notice in the Provincial Gazette recognising the person identified as a principal traditional leader in terms of subsection (1); 10B Removal of principal traditional leaders (3) Where it has been decided to remove a principal traditional leader in terms of subsection (2), the Premier must(b) publish a notice with particulars of the removed principal traditional leader in the Provincial Gazette;

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Recognition of senior traditional leaders, headmen or headwomen (b) the Premier concerned must, subject to subsection (3), recognise the person so identified by the royal family in accordance with provincial legislation as senior traditional leader, headman or headwoman, as the case may be. (2) (a) The provincial legislation referred to in subsection (1) (b) must at least provide for(i) a notice in the Provincial Gazette recognising the person identified as senior traditional leader, headman or headwoman in terms of subsection (1);

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Removal of senior traditional leaders, headmen or headwomen (3) Where it has been decided to remove a senior traditional leader, headman or headwoman in terms of subsection (2), the Premier of the province concerned must, in terms of applicable provincial legislation(b) publish a notice with particulars of the removed senior traditional leader, headman or headwoman in the Provincial Gazette

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Recognition of regents (1) (b) the Premier concerned must, with due regard to applicable customary law or customs, and subject to subsections (2) and (3), recognise the regent identified by the royal family in accordance with provincial legislation. (2) The provincial legislation referred to in subsection (1) (b) must at least provide for(a) a notice in the Provincial Gazette recognising the person identified as regent in terms of subsection (1); (5) (b) in the case of a principal traditional leader or senior traditional leaders, headman or headwoman, be recognised by the Premier in terms of section 9A or 11 (1) (b), and a certificate of recognition contemplated in section 9A (6) or 11 (2) (a) (ii) must be issued after his or her name has been published in the Provincial Gazette.

PROVINCIAL LEGISLATION INSTRUCTING THE PREMIER TO PUBLISH A NOTICE IN THE PROVINCIAL GAZETTE. Free State Traditional Leadership and Governance Act 8 of 2005 7 Establishment and recognition of traditional councils (4) (b) Where subsection (3)(b) is not applicable, and if the Premier is satisfied that this section and section 3 of Act 41 of 2003 have been complied with, the Premier must by notice in the Provincial Gazette, recognise the traditional council and determine the area of its jurisdiction. (5) (b) After the Premier has determined a lower threshold in terms of subsection (5)(a), and the Premier is satisfied that the other provisions of this section and section 3 of Act 41 of 2003 have been complied with, the Premier must, by notice in the Provincial Gazette, recognise the traditional council and determine the area of its jurisdiction. (5)(c) The Premier must(ii) by notice in the Provincial Gazette, redetermine or confirm the lower threshold. 18 Recognition of Kgosi or Morena (1) (b) the Premier must, subject to subsection (6), recognise a person so identified in terms of subsection (1)(a)(i) as a Kgosi or Morena. (3) The recognition of a person as a Kgosi or Morena in terms of subsection (1)(b) must be done by way of(a) a notice in the Provincial Gazette recognising the person identified as a Kgosi or Morena. 19 Recognition of Kgosana or Morena wa Motse (1) (b) the Premier must, subject to subsection (5), recognise a person so identified in terms of subsection (2)(a)(i) as a Kgosana or Morena wa Motse. (3) The recognition of a person as a Kgosana or Morena wa Motse in terms of subsection (1)(b) must be done by way of(i) a notice in the Provincial Gazette recognising the person identified as a Kgosana or Morena wa Motse. 20 Number of Bokgosana, Borena ba metse or Boramotse (1) The Premier must, by notice in the Provincial Gazette, determine the number of Bokgosana, Borena ba metse or Boramotse for each traditional community. 21 Recognition of Ramotse (3) The Premier must recognise a person as a Ramotse in terms of subsection (2)(b) by(i) publishing a notice in the Provincial Gazette recognising the person identified as a Ramotse.

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Removal of Kgosi, Morena, Kgosana or Morena wa Motse. (3) Where it has been decided to remove a Kgosi, Morena, Kgosana or Morena wa Motse in terms of subsection (2), the Premier must(b) publish a notice in the Provincial Gazette with particulars of the removed traditional leader.

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Removal of Ramotse (3) Where it has been decided to remove a Ramotse in terms of subsection (2), the Premier must(b) publish a notice with particulars of the removed Ramotse in the Provincial Gazette.

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Recognition of Motshwaredi (4) The recognition of a person as a Motshwaredi in terms of subsection (1)(b) must be done by way of(i) a notice in the Provincial Gazette recognising the person identified as a Motshwaredi.

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Recognition of Moemedi (2) The Premier must, by notice in the Provincial Gazette, publish particulars of a person appointed as Moemedi.

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Recognition of Motlatsi (3) The Provincial House of Traditional Leaders must within one month of receiving the information contemplated in subsection (2), inform the Premier of the appointment of Motlatsi and the Premier must, by notice in the Provincial Gazette, publish particulars of a person appointed as Motlatsi.

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Transitional arrangements (5)(a) The Premier must, by notice in the Provincial Gazette, within one year of the commencement of this Act, disestablish any Council of Chiefs or Regional Council functioning under tribal authorities that have been established in terms of applicable legislation before the commencement of this Act.