10. Assignments initiated by the executive to specific municipalities

  1. A Cabinet member initiating the assignment of a function or a power to any specific municipality-
    1. by way of national legislation, must consult the Minister before the draft legislation providing for the assignment is introduced in Parliament; or
    2. by way of an agreement in terms of section 99 of the Constitution, must consult the Minister before the agreement is concluded.
  2. An MEC initiating the assignment of a function or a power to any specific municipality-
    1. by way of provincial legislation, must consult the MEC for local government in the province before the draft legislation providing for the assignment is introduced in the relevant provincial legislature; or
    2. by way of an agreement in terms of section 126 of the Constitution, must consult the Minister before the agreement is concluded.
  3. The Cabinet member or MEC initiating the legislation or agreement referred to in subsections (1) and (2), respectively, must take appropriate steps to ensure sufficient funding, and capacity building initiatives as may be needed, for the performance of the assigned function or power by the municipality concerned if-
    1. the assignment of the function or power imposes a duty on the municipality concerned;
    2. that duty falls outside the functional areas listed in Part B of Schedule 4 or Part B of Schedule 5 to the Constitution or is not incidental to any of those functional areas; and
    3. the performance of that duty has financial implications for the municipality concerned.
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