Gas Regulator Levies Act, 2002
R 385
141. Preparation of financial recovery plans |
| (1) | Any suitably qualified person may, on request by the provincial executive, prepare a financial recovery plan for a discretionary provincial intervention referred to in section 137. |
| (2) | Only the Municipal Financial Recovery Service may prepare a financial recovery plan for a mandatory provincial intervention referred to in section 139. |
| (3) | When preparing a financial recovery plan, the person referred to in subsection (1) or the Municipal Financial Recovery Service must— |
| (a) | consult— |
| (i) | the relevant municipality; |
| (ii) | the municipality's principal suppliers and creditors, to the extent they can reasonably be contacted; |
| (iii) | the MEC for finance and the MEC for local government in the province; and |
| (iv) | organised labour; |
| (b) | take into account— |
| (i) | any financial recovery plan that has previously been prepared for the municipality; and |
| (ii) | any proposed financial recovery plan, or proposals for a financial recovery plan, that may be advanced by the municipality or any creditor of the municipality; and |
| (c) | at least 14 days before finalising the plan— |
| (i) | submit the plan for comment to— |
| (aa) | the municipality; |
| (bb) | the MEC for finance and the MEC for local government in the province; |
| (cc) | organised local government in the province; |
| (dd) | organised labour; and |
| (ee) | any supplier or creditor of the municipality, on request; and |
| (ii) | publish a notice in a newspaper of general circulation in the municipality— |
| (aa) | stating the place, including any website address, where copies of the plan will be available to the public free of charge or at a reasonable price; and |
| (bb) | inviting the local community to submit written comments in respect of the plan. |
| (4) | The person charged with preparing the financial recovery plan or the Municipal Financial Recovery Service must— |
| (a) | consider any comments received pursuant to subsection (3)(c); |
| (b) | finalise the financial recovery plan; and |
| (c) | submit the final plan to the MEC for finance in the province for approval in terms of section 143. |
