Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)Chapter 16 : Miscellaneous177. Delays and exemptions |
| (1) | The Minister may by notice in the Gazette— |
| (a) | delay the implementation of a provision of this Act for a transitional period not exceeding five years from the date when this section takes effect; or |
| (b) | where practicalities impede the strict application of a specific provision of this Act, exempt any municipality or municipal entity from, or in respect of, such provision for a period and on conditions determined in the notice. |
| (2) | A delay or exemption in terms of subsection (1) may— |
| (a) | apply to— |
| (i) | municipalities generally; or |
| (ii) | municipal entities generally; or |
| (b) | be limited in its application to a particular— |
| (i) | municipality; |
| (ii) | 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; |
| (iii) | municipal entity; or |
| (iv) | category of municipal entities. |
| (3) | To facilitate the restructuring of the electricity industry as authorised by the Cabinet member responsible for such restructuring, the Minister, acting with the concurrence of the Cabinet member responsible for local government and after consultation with organised local government, may, by notice in the Gazette, exempt any municipality or municipal entity from any specific provision of this Act for a period of not more than four years and on conditions determined in the notice, provided that such exemption may not be understood as obligating any municipality to transfer any staff, assets or liabilities. |