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Children's Act, 2005 (Act No. 38 of 2005)

Regulations

General Regulations Regarding Children, 2010

Chapter 5 : Early Childhood Development (Sections 91-103 of the Act)

29. Assignment of functions to municipalities

 

(1) Before a provincial head of social development may assign functions to a municipal manager as contemplated in section 102 of the Act, he or she must conduct a needs assessment on the assignment of the functions referred to in that section in consultation with the municipality concerned.

 

(2) Before assigning all or part of the functions contemplated in section 102 of the Act, a provincial head of social development must be satisfied that the municipality concerned has—
(a) adequate staff, including social service professionals, who are suitably qualified and skilled;
(b) the ability to render assistance to build capacity to ensure compliance with the relevant norms and standards; and
(c) the capacity to manage the functions to be assigned.

 

(3) An agreement between a provincial head of social development and a municipality contemplated in section 102(1) of the Act must be in writing and signed by both parties in the presence of two witnesses.

 

(4) An agreement between a provincial head of social development and a municipality contemplated in section 102(1) of the Act must contain the following particulars:
(a) A strategic plan containing a business plan for a period of three years, an operational plan for a period of one year and a budget for a period of three years;
(b) a service level agreement;
(c) an organogram for the establishment responsible for the administration of the assigned functions; and
(d) a provision to the effect that the particulars contemplated in paragraphs (a), (b) and (c) must be reviewed and updated annually.