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.