Chapter 10: Provincial and National Monitoring and Standard Setting

Part 1: Provincial monitoring

105. Provincial monitoring of municipalities

  1. The MEC for local government in a province must establish mechanisms, processes and procedures in terms of section 155 (6) of the Constitution to -
    1. monitor municipalities in the province in managing their own affairs, exercising their powers and performing their functions;
    2. monitor the development of local government capacity in the province; and
    3. assess the support needed by municipalities to strengthen their capacity to manage their own affairs, exercise their powers and. perform their functions.
  2. The MEC for local government in a province may by notice in the Provincial Gazette require municipalities of any category or type specified in the notice or of any other kind described in the notice, to submit to a specified provincial organ of state such information as may be required in the notice, either at regular intervals or within a period as may be specified.
  3. When exercising their powers in terms of subsection (1) MECS for local government -
    1. must rely as far as is possible on annual reports in terms of section 46 and reformation submitted by municipalities in terms of subsection (2); and
    2. may make reasonable requests to municipalities for additional information after taking into account -
      1. the administrative burden on municipalities to furnish the information;
      2. the cost involved; and
      3. existing performance monitoring mechanisms, systems and processes in the municipality.

106. Non-performance and mal-administration

  1. If an MEC has reason to believe that a municipality in the province cannot or does not fulfill a statutory obligation binding on that municipality or that mal-administration, fraud, corruption or any other serious malpractice has occurred or is occurring in municipality in the province, the MEC trust -
    1. by written notice to the municipality, request the municipal council or municipal manager to provide the MEC with information required in the notice; or
    2. if the MEC considers it necessary, designate a person or persons to investigate the matter.
  2. In the absence of applicable provincial legislation, the provisions of sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act No. 8 of 1947), and the regulations made in terms of that Act apply, with the necessary changes as the context may require, to an investigation in terms of subsection (1)(b).
  3. An MEC issuing a notice in terms of subsection (1)(a) or designating a person to conduct an investigation in terms of subsection (1)(b), must submit a written statement to the National Council of Provinces motivating the action.

Part 2: National monitoring and standard setting

107. Furnishing of information

The Minister, by notice in the Gazette, may require municipalities of any category or type specified in the notice, or of any other kind described in the notice, to submit to a specified national organ of state such information concerning their affairs as may be required in the notice, either at regular intervals or within a period as may be specified.

108. Essential national and minimum standards

  1. Except where otherwise provided for by an Act of Parliament, the Minister may, by notice in the Gazette, establish essential national standards and minimum standards for any municipal service or for any matter assigned to municipalities in terms of section 156 (1) of the Constitution, after consulting -
    1. the Minister of Finance;
    2. organised local government representing local government nationally;
    3. the MECS for local government; and
    4. any Cabinet member responsible for regulating that service.
  2. A Cabinet member, after consulting the Minister, may exercise the power contained in subsection (1) in relation to a municipal service or matter falling within the functional area for which that Cabinet member is responsible.
  3. Standards established in terms of subsection (1) may distinguish between different categories, types and kinds of municipalities.
  4. Draft standards in terms of subsection (1) or (2) must be published for public comment in the Gazette before their enactment.
  5. When establishing standards in terms of' subsection (1) or (2), the Minister or other Cabinet member must -
    1. take into account the capacity of municipalities to comply with those standards; and
    2. differentiate between different kinds of municipalities according to their respective capacities.