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.
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