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

Chapter 5 : Integrated Development Planning

Part 3 : Process for planning, drafting, adopting and review of integrated development plans

32. Copy of integrated development plan to be submitted to MEC for local government

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(1)
(a) The municipal manager of a municipality must submit a copy of the integrated development plan as adopted by the council of the municipality, and any subsequent amendment to the plan, to the MEC for local government in the province within 10 days of the adoption or amendment of the plan.
(b) The copy of the integrated development plan to be submitted in terms of paragraph (a) must be accompanied by—
(i) a summary of the process referred to in section 29(1);
(ii) a statement that the process has been complied with, together with any explanations that may be necessary to amplify the statement; and
(iii) in the case of a district and a local municipality, a copy of the framework adopted in terms of section 27.

 

(2) The MEC for local government in the province may, within 30 days of receiving a copy of an integrated development plan or an amendment to the plan, or within such reasonable longer period as may be approved by the Minister, request the relevant municipal council—
(a) to adjust the plan or the amendment in accordance with the MEC's proposals, if the plan or amendment—
(i) does not comply with a requirement of this Act; or
(ii) is in conflict with or is not aligned with or negates any of the development plans and strategies of other affected municipalities or organs of state; or
(b) to comply with the process referred to in section 29, or with a specific provision of this Act relating to the process of drafting or amending integrated development plans if the municipality has failed to comply with that process or provision, and to adjust the plan or the amendment if that becomes necessary after such compliance.

 

(3) A municipal council must consider the MEC's proposals, and within 30 days of receiving the MEC's request must—
(a) if it agrees with those proposals, adjust its integrated development plan or amendment in accordance with the MEC' s request; or
(b) if it disagrees with the proposals, object to the MEC's request and furnish the MEC with reasons in writing why it disagrees.

 

(4) On receipt of an objection in terms of subsection (3)(b) the MEC may refer the municipality's objection to an ad hoc committee referred to in section 33 for decision by the committee. If the MEC decides to refer an objection to an ad hoc committee, the objection must be referred within 21 days of receipt of the objection.

 

[Commencement date of section 32: 1 July 2001]