49. Regulations and guidelines

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  1. The Minister may for the purposes of this Chapter make regulations or issue guidelines in terms of section 120 to provide for or regulate -
    1. incentives to ensure that municipalities establish their performance management systems within the applicable prescribed period, and comply with the provisions of this Act concerning performance management systems;
    2. the setting of key performance indicators by a municipality with regard to its development objectives;
    3. the identification of appropriate general key performance indicators that can be applied to municipalities generally and that reflect the object and intent of section 23;
    4. the regular review by a municipality of its key performance indicators;
    5. the setting of' a framework for performance targets by municipalities consistent with their development priorities, objectives and strategies set out in their integrated development plans;
    6. mechanisms, systems and processes for the monitoring and measurement of performance by a municipality with regard to its development objectives;
    7. the internal auditing of performance measurements;
    8. the assessment of those performance measurements by a municipality;
    9. the assessment of progress by a municipality with the implementation of its integrated development plan;
    10. the improvement of performance;
    11. any other matter that may facilitate
      1. the implementation by municipalities of an effective system of performance management; or
      2. the application of this Chapter.
  2. When making regulations or issuing guidelines in terms of section 120 to provide for or to regulate the matters mentioned in subsection (1) of this section, the Minister must -
    1. take into account the capacity of municipalities to comply with those matters; and
    2. differentiate between different kinds of municipalities according to their respective capacities.
  3. The Minister, by notice in the Gazette, may phase in the application of the provisions of this Chapter which place a financial or administrative burden on municipalities.
  4. A notice in terms of subsection (3) may -
    1. determine different dates on which different provisions of this Chapter becomes applicable to municipalities;
    2. apply to all municipalities generally;
    3. differentiate between different kinds of municipalities which may, for the purpose of the phasing in of the relevant provisions, be defined in the notice in relation to categories or types of municipalities or in any other way; or
    4. apply to a specific kind of municipality only. as defined in the notice.
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