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Mr LJ Mahlangu - Municipal Demarcation Board

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Chapter 2<br />

PERFORMANCE<br />

REPORT<br />

REPORT OF THE PERFORMANCE RESULTS AGAINST PREDETERMINED OBJECTIVES<br />

INTRODUCTION<br />

In terms of section 55(2)(a) of the Public Finance<br />

Management Act No 1 of 1999, as amended, the<br />

Accounting Officer of a public entity has additional<br />

responsibilities to ensure that the annual report<br />

and audited financial statements fairly present the<br />

performance against predetermined objectives of<br />

the public entity. This chapter reports on how the<br />

<strong>Municipal</strong> <strong>Demarcation</strong> <strong>Board</strong> has achieved on<br />

key areas, as measured against predetermined<br />

objectives, for the year ended 31 March 2010,<br />

as outlined in the approved strategic plan of the<br />

<strong>Board</strong> for the period 2009/10 to 2012/13.<br />

The <strong>Municipal</strong> <strong>Demarcation</strong> <strong>Board</strong> is an Institution<br />

that was established in terms of the Constitution<br />

of the Republic of South Africa, 1996 (“the Constitution”),<br />

and the Local Government: <strong>Municipal</strong><br />

<strong>Demarcation</strong> Act, 1998 (“the <strong>Demarcation</strong> Act”).<br />

In terms of Section 39 of the <strong>Demarcation</strong> Act the<br />

<strong>Board</strong> is accountable to Parliament. During the<br />

period under review, the <strong>Board</strong> accounted to the<br />

Portfolio Committee on Cooperative Governance<br />

and Traditional Affairs and the Select Committee<br />

on Cooperative Governance and Traditional Affairs,<br />

who maintained oversight over the <strong>Board</strong>;<br />

an Audit and Risk Committee which ensured the<br />

<strong>Board</strong> maintains a sound financial and risk management<br />

and internal control system; and external<br />

auditors, the Auditor-General, who are responsible<br />

for auditing the <strong>Board</strong>’s financial statements and<br />

performance information.<br />

MANDATE<br />

19 MUNICIPAL DEMARCATION BOARD - Annual Report 2012<br />

Section 4 of the <strong>Demarcation</strong> Act provides that the<br />

<strong>Municipal</strong> <strong>Demarcation</strong> <strong>Board</strong> is responsible for:<br />

• The determination or re-determination of the<br />

outer boundaries of the three categories of<br />

municipalities as identified in the Constitution<br />

i.e. Category A (Metropolitan), Category B (Local),<br />

and Category C (District) municipalities;<br />

• Rendering an advisory service in respect of<br />

matters provided for in the <strong>Demarcation</strong> Act<br />

and other appropriate legislation.<br />

Other functions of the <strong>Municipal</strong> <strong>Demarcation</strong><br />

<strong>Board</strong> are provided for in the Local Government:<br />

<strong>Municipal</strong> Structures Act, 1998 (“the Structures<br />

Act”). The <strong>Municipal</strong> <strong>Demarcation</strong> <strong>Board</strong> is,<br />

amongst others, responsible for:<br />

• Assessing the capacity of all local and district<br />

municipalities to perform their functions as reflected<br />

in Schedules 4B and 5B of the Constitution.<br />

In this regard, Metropolitan <strong>Municipal</strong>ities<br />

are excluded.<br />

• Advising provincial MEC’s for Local Government,<br />

on the division and allocation of powers<br />

and functions between Local and District<br />

<strong>Municipal</strong>ities.<br />

• Delimiting wards for each metropolitan and local<br />

municipality qualifying to have wards, for<br />

each general local election.<br />

• Performing various advisory functions, such<br />

as the alignment of functional or service delivery<br />

boundaries with constitutional boundaries.

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