Regional Services Councils Act, 1985 (Act No. 109 of 1985)

1. Definitions

Purchase

In this Act, unless the context otherwise indicates—

"Administrator"

(a)

in so far as the administration of a provision of this Act has been assigned under section 235 (8) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), to a competent authority within the jurisdiction of the government of a province and a provision so assigned is applied in or with reference to that province, means that authority; or

(b)	in so far as the administration of a provision of this Act has not been so assigned, means the Minister of Provincial Affairs and Constitutional Development;

"council"

means a regional services council established under section 3;

"drawings"

in relation to any person carrying on an enterprise as contemplated in paragraph (b) of the definition of "regional services levy", means—

(a)

any amount, whether in cash or otherwise, directly or indirectly withdrawn by him from the enterprise for his private use or consumption, including, in the case of any such person carrying on an enterprise in partnership, any amount withdrawn by him by way of a loan or advance against his share of the anticipated profits of the partnership; and

(b)	an appropriate portion of any expenditure incurred in the course of such enterprise in respect of any asset or service used by such person for his private or domestic use;

"employer"

(a)	means an employer as defined in paragraph 1 of the Seventh Schedule to the Income Tax Act, 1962 (Act 58 of 1962); and

(b)	includes any person carrying on an enterprise as contemplated in paragraph (b) of the definition of "regional services levy";

"enterprise"

means any trade, business, profession or other activity of a continuing nature, whether or not carried on for the purpose of deriving a profit, but excluding any religious, charitable or educational activity carried on by any religious, charitable or educational institution of a public character;

"executive committee"

means an executive committee appointed under section 10B (1);

"general affairs"

[Definition of "general affairs" deleted by s. 6 of Act 56 of 1993.]

"local authority"

means any institution or body contemplated in section 84 (1) (f) (i) of the Provincial Government Act, 1961 (Act 32 of 1961), or section 2 of the Black Local Authorities Act, 1982 (Act 102 of 1982), including any person or body referred to in section 29 (2) (c) (ii) or 29A of that Act, any local council established under section 2 of the Local Councils Act (House of Assembly), 1987 (Act 94 of 1987), or a joint or single local authority contemplated in section 8 (e) or (f) of the Interim Measures for Local Government Act, 1991, but does not include a management body or representative body;

"local body"

means a local authority, management body or representative body;

"management body"

means—

(a)	any committee referred to in section 17 of the Promotion of Local Government Affairs Act, 1983 (Act 91 of 1983);

(b)	a board of management or board referred to in section 1 of the Rural Areas Act (House of Representatives), 1987 (Act 9 of 1987);

(c)	any local area committee established under section 21 (1) of the Transvaal Board for the Development of Peri-Urban Areas Ordinance, 1943 (Ordinance No. 20 of 1943), of the Transvaal;

(d)	any local government body established by virtue of the provisions of section 30(2) (a) of the Black Administration Act, 1927 (Act 38 of 1927);

(e)	a rural council,

one or more members of which are elected;

"Minister"

[Definition of 'Minister' deleted by Proclamation R153 of 31 October 1994.]

"person"

includes the State, the estate of a deceased person and any trust as defined in the Income Tax Act, 1962 (Act 58 of 1962);

"region"

means a region delimited, or the delimitation of which is contemplated, as the case may be, under section 2;

"regional establishment levy"

means, in relation to any person carrying on or deemed to be carrying on an enterprise within a region, a levy calculated and payable in relation to such enterprise in the manner determined by the Minister of Finance under section 12 (1) (b), at a rate from time to time determined by the council established for that region with the concurrence of the said Minister and which the said Minister shall publish by notice in the Gazette: Provided that different rates may be so determined in respect of different categories of enterprise;

"regional function"

means, in relation to a particular region or a part of a region, any function mentioned in Schedule 2 in relation to any matter, which is a general affair;

"regional service"

means any service provided by a council in the exercise of any power or the carrying out of any duty in relation to a regional function;

"regional services levy"

means a levy calculated section

(a)

on remuneration as defined in paragraph 1 of the Fourth Schedule to the Income Tax Act, 1962 (Act 58 of 1962), but including the amounts referred to in paragraphs (i), (iv) and (vii) of that definition and excluding, in the case of any farm labourer whose cash remuneration is payable at a rate not exceeding the rate contemplated in the said paragraph (i), any amount contemplated in paragraph (i) of the definition of 'gross income' in section 1 of that Act, paid or payable by an employer to the employees employed or deemed to be employed by him within the region in question; and

(b)	in the case of a person (other than a company) carrying on or deemed to be carrying on an enterprise in the region for his sole account or in partnership with one or more other persons, on his drawings in relation to such enterprise,

at a rate from time to time determined by a council with the concurrence of the Minister of Finance and which the said Minister shall publish by notice in the Gazette: Provided that different rates may be so determined in respect of different categories of employees;

"representative body"

means any body of which one or more members of its executive are elected by the members of that body and the members of which body consist of persons residing or communities established outside the area of jurisdiction of any local authority or management body in a region, and—

(a)	which body, in relation to certain affairs, manages the interests in the region or any part of the region of the persons or communities that elected the executive in question;

(b)	to members of which body any regional service is provided, or may be provided; and

(c)	which body is recognized by the Administrator as a representative body for the purposes of this Act provided he is satisfied that the members of the body concerned are not or cannot be adequately represented on a regional services council by means of a rural council;

"rural council"

means a body established under section 12A;

"this Act"

includes any regulation made under this Act;

"vendor"

[definition of "vendor" deleted by s. 1 (g) of Act 78 of 1986.]