108. Essential national and minimum standards

  1. Except where otherwise provided for by an Act of Parliament, the Minister may, by notice in the Gazette, establish essential national standards and minimum standards for any municipal service or for any matter assigned to municipalities in terms of section 156 (1) of the Constitution, after consulting -
    1. the Minister of Finance;
    2. organised local government representing local government nationally;
    3. the MECS for local government; and
    4. any Cabinet member responsible for regulating that service.
  2. A Cabinet member, after consulting the Minister, may exercise the power contained in subsection (1) in relation to a municipal service or matter falling within the functional area for which that Cabinet member is responsible.
  3. Standards established in terms of subsection (1) may distinguish between different categories, types and kinds of municipalities.
  4. Draft standards in terms of subsection (1) or (2) must be published for public comment in the Gazette before their enactment.
  5. When establishing standards in terms of' subsection (1) or (2), the Minister or other Cabinet member must -
    1. take into account the capacity of municipalities to comply with those standards; and
    2. differentiate between different kinds of municipalities according to their respective capacities.
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