URBAN COUNCILS ACT
Chapter 29:15
made by the Minister in terms of section two hundred and thirty-five and shall continue in force
until amended or repealed by the Minister.
(4) The Minister may from time to time, in respect of any local government area the
administration, control and management of which are vested in a person other than a council,
after consultation with such person, give such directions or impose such conditions as he may
think fit with regard to—
(a) the administration, control and management of such local government area, including the
provision of services therein;
(b) the provision of stands in such local government area for home-ownership purposes;
(c) the conditions of tenancy to be applied to properties within such local government area.
8 Provisions relating to divesting of administration of local government area
(1) The Minister may, after consultation with any council or person concerned, by statutory
instrument—
(a) divest that council or person of the administration, control and management of a local
government area;
(b) vest the administration, control and management of the whole or part of a local
government area referred to in paragraph (a) in any other council or person in terms of
subsection (1) or (3) of section seven, as the case may be.
(2) Where the administration, control and management of the whole or part of a local
government area, hereinafter called the first-mentioned area, is divested from a council,
hereinafter called the existing council, and vested in another council or a separate local
authority is established therefor or the first-mentioned area is included in the area of another
local authority, hereinafter, in any such event, called the new authority—
(a) the Minister may—
(i) give directions or impose conditions relating to the administration, control and
management of the first-mentioned area, including the provision of services therein;
(ii) give directions or impose conditions providing for the vesting in the new authority of
property, assets, rights and liabilities connected with the first-mentioned area or
providing for such apportionment of such property, assets, rights and liabilities, as
may be necessary or desirable to do justice between the existing council and the new
authority;
(iii) direct that all or any provisions of section ten shall apply, mutatis mutandis;
(iv) direct that any moneys payable by the new authority in connection with any property,
asset, right or liability shall be regarded as a loan and that section two hundred and
ninety shall not apply in relation thereto;
(v) direct and authorize the existing council to provide, at cost, to the new authority any
service in respect of the first-mentioned area which the existing council was
providing immediately before the divesting and any extension thereto which may be
requested by the new authority;
(vi) direct and authorize the existing council to provide, at cost, the services of such of its
own employees to the new authority as may be necessary for the proper
administration, control and management of the first-mentioned area or for the proper
operation of any service and any extension thereto directed to be provided in terms of
subparagraph (v);
(b) any by-laws in force in the first-mentioned area immediately before the divesting shall be
deemed to be by-laws made by the new authority and shall continue in force until
amended or repealed by that new authority.
(3) Where the Minister has given any direction in terms of subparagraph (v) or (vi) of
paragraph (a) of subsection (2)—
(a) the council to whom the direction has been given shall comply with such direction until
requested by the new authority referred to in that subsection, with the approval of the
Minister, to discontinue compliance therewith;
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