Special Investigating Units and Special Tribunals Act, 1996
R 385
Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 10 : Provincial and National Monitoring and Standard SettingPart 1 : Provincial monitoring106. Non-performance and mal-administration |
| (1) | If an MEC has reason to believe that a municipality in the province cannot or does not fulfill a statutory obligation binding on that municipality or that mal-administration, fraud, corruption or any other serious malpractice has occurred or is occurring in municipality in the province, the MEC trust— |
| (a) | by written notice to the municipality, request the municipal council or municipal manager to provide the MEC with information required in the notice; or |
| (b) | if the MEC considers it necessary, designate a person or persons to investigate the matter. |
| (2) | In the absence of applicable provincial legislation, the provisions of sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act No. 8 of 1947), and the regulations made in terms of that Act apply, with the necessary changes as the context may require, to an investigation in terms of subsection (1)(b). |
| (3) | An MEC issuing a notice in terms of subsection (1)(a) or designating a person to conduct an investigation in terms of subsection (1)(b), must submit a written statement to the National Council of Provinces motivating the action. |
