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Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)

Chapter 15 : Financial Misconduct

Part 3 : General

175. Regulations on financial misconduct procedures and criminal proceedings

 

(1) The Minister, acting with the concurrence of the Cabinet member responsible for local government, may make regulations prescribing—
(a) the manner, form and circumstances in which allegations and disciplinary and criminal charges of financial misconduct must be reported to the National Treasury, the MEC for local government in the province and the Auditor-General, including—
(i) particulars of the alleged financial misconduct: and
(ii) steps taken in connection with such financial misconduct;
(b) matters relating to internal investigations by municipalities and municipal entities of allegations of financial misconduct;
(c) the circumstances in which the National Treasury or the MEC for local government in the province may direct that disciplinary steps be taken or criminal charges be laid against a person for financial misconduct;
(d) criteria for the composition and functioning of a disciplinary board which hears a charge of financial misconduct;
(e) the circumstances in which the findings of a disciplinary board and any sanctions imposed by the board must be reported to the National Treasury, the MEC for local government in the province and the Auditor-General; and
(f) any other matters to the extent necessary to enforce the provisions of this Act.

 

(2) A regulation in terms of subsection (1) may—
(a) differentiate between different—
(i) kinds of municipalities, which may, for the purposes of this section, be defined either in relation to categories, types or budgetary size of municipalities or in any other manner;
(ii) categories of municipal entities;
(iii) categories of accounting officers; or
(iv) categories of other officials; or
(b) be limited in its application to a particular—
(i) kind of municipality, which may, for the purposes of this section, be defined either in relation to a category, type or budgetary size of municipality or in any other manner;
(ii) category of municipal entities;
(iii) category of accounting officers; or
(iv) category of other officials.