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Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 3 : Functions and Powers

9. Assignments initiated by the executive to municipalities generally

 

(1) A Cabinet member or Deputy Minister initiating the assignment of a function or a power by way of national legislation to municipalities generally must. before the draft legislation providing for [he assignment is introduced in Parliament—
(a) consult the Minister, the national Minister of Finance and organised local government representing local government nationally;
(b) consider any assessment by the Financial and Fiscal Commission in terms of subsection (4); and
(c) publish the draft legislation in terms of section 154 (2) of the Constitution.

 

(2) An MEC initiating the assignment of a function or a power by way of provincial legislation to municipalities in the province generally must, before the draft legislation providing for the assignment is introduced in the relevant provincial legislature—
(a) consult the MEC responsible for finance in the province, the MEC for local government in the province and organised local government representing local government in the province;
(b) consider any assessment by the Financial and Fiscal Commission in terms of subsection (4); and
(c) publish the draft legislation in terms of section 154 (2) of the Constitution.

 

(3) The Cabinet member, Deputy Minister or MEC initiating the national or provincial legislation referred to in subsections (1) and (2), must take appropriate steps to ensure sufficient funding, and capacity building initiatives as may be needed, for the performance of the assigned function or power by the municipalities concerned if—
(a) the assignment imposes a duty on the municipalities concerned;
(b) that duty falls outside the functional areas listed in Part B of Schedule 4 or Part B of Schedule 5 to the Constitution or is not incidental to any of those functional areas; and
(c) the performance of that duty has financial implications for the municipalities concerned.

 

(4) The Cabinet member, Deputy Minister or MEC initiating the national or provincial legislation referred to in subsections (1) and (2), must request the Financial and Fiscal Commission to make an assessment of the financial implications of the legislation.