Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)Chapter 12 : Financial Reporting and Auditing127. Submission and tabling of annual reports |
| (1) | `The accounting officer of a municipal entity must, within six months after the end of a financial year, or on such earlier date as may be agreed between the entity and its parent municipality, submit the entity's annual report for that financial year to the municipal manager of the entity's parent municipality. |
| (2) | The mayor of a municipality must, within seven months after the end of a financial year, table in the municipal council the annual report of the municipality and of any municipal entity under the municipality's sole or shared control. |
| (3) | If the mayor, for whatever reason, is unable to table in the council the annual report of the municipality, or the annual report of any municipal entity under the municipality's sole or shared control, within seven months after the end of the financial year to which the report relates, the mayor must— |
| (a) | promptly submit to the council a written explanation referred to in section 133(1)(a) setting out the reasons for the delay, together with any components of the annual report listed in section 121(3) or (4) that are ready; and |
| (b) | submit to the council the outstanding annual report or the outstanding components of the annual report as soon as may be possible. |
| (4) | The Auditor-General may submit the financial statements and audit report— |
| (a) | of a municipality directly to the municipal council, the National Treasury, the relevant provincial treasury, the MEC responsible for local government in the province and any prescribed organ of state, if the mayor fails to comply with subsection (2) or (3); or |
| (b) | of a municipal entity directly to the parent municipality, the National Treasury, the relevant provincial treasury, the MEC responsible for local government in the province and any prescribed organ of state, if the accounting officer of the entity fails to comply with subsection (1). |
| (5) | Immediately after an annual report is tabled in the council in terms of subsection (2), the accounting officer of the municipality must— |
| (a) | in accordance with section 21A of the Municipal Systems Act— |
| (i) | make public the annual report; and |
| (ii) | invite the local community to submit representations in connection with the annual report; and |
| (b) | submit the annual report to the Auditor-General, the relevant provincial treasury and the provincial department responsible for local government in the province. |
| (6) | Subsection (5), with the necessary modifications as the context may require, is also applicable if only components of the annual report are tabled in terms of subsection (3). |