Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)Chapter 2 : Supervision over Local Government Finance Management6. Delegations by National Treasury |
| 1) | The Minister may delegate any of the powers or duties assigned to the National Treasury in terms of this Act to— |
| a) | the Director-General of the National Treasury; or |
| b) | the MEC responsible for a provincial department, as the Minister and the MEC may agree. |
| 2) | The Minister may not delegate the National Treasury's power to stop funds to a municipality in terms of section 5(2)(e). |
| 3) | A delegation in terms of subsection (1)— |
| a) | must be in writing; |
| b) | is subject to any limitations or conditions which the Minister may impose; |
| c) | may, subject to any such limitations or conditions, authorise— |
| i) | the Director-General of the National Treasury to sub-delegate a delegated power or duty to a staff member of the National Treasury; and |
| ii) | the MEC responsible for the relevant provincial department to sub-delegate a delegated power or duty to a staff member of that department; and |
| d) | does not divest the National Treasury of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty. |
| 4) | The MEC for finance in a province may delegate any of the powers or duties assigned to a provincial treasury in terms of this Act to the head of the relevant provincial department of which the provincial treasury forms part. |
| 5) | A delegation in terms of subsection (4)— |
| a) | must be in writing: |
| b) | is subject to any limitations or conditions which the MEC for finance in the province may impose; |
| c) | may, subject to any such limitations or conditions, authorise the relevant head of the provincial department to sub-delegate a delegated power or duty to a staff member of that treasury: and |
| d) | does not divest the provincial treasury of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty. |
| 6) | The Minister or MEC for finance in a province, as may be appropriate, may confirm, vary or revoke any decision taken in consequence of a delegation or sub-delegation in terms of this section, but no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision. |