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.