Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 3 : Municipal Functions and Powers

10A. Funding and capacity building

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The Cabinet member, MEC or other organ of state initiating an assignment of a function or power to a municipality in terms of section 9 or 10, must take appropriate steps to ensure sufficient funding, and such capacity-building initiatives as may be needed, for the performance of the assigned function or power by the municipality if—

(a) the assignment of the function or power imposes a duty on the municipality;
(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 municipality.

 

[Section 10A inserted by section 4 of Act No. 44 of 2003]