Chapter 6: Provinces continued functioning of the municipality. (5) � If a municipality, as a result of a crisis in its financial affairs, is in serious or persistent material breach of its obligations to provide basic services or to meet its financial commitments, or admits that it is unable to meet its obligations or financial commitments, the relevant provincial executive must— (a) � impose a recovery plan aimed at securing the municipality’s ability to meet its obligations to provide basic services or its financial commitments, which— (i) � is to be prepared in accordance with national legislation; and (ii) � binds the municipality in the exercise of its legislative and executive authority, but only to the extent necessary to solve the crisis in its financial affairs; and (b) � dissolve the Municipal Council, if the municipality cannot or does not approve legislative measures, including a budget or any revenue-raising measures, necessary to give effect to the recovery plan, and— (i) � appoint an administrator until a newly elected Municipal Council has been declared elected; and (ii) � approve a temporary budget or revenue-raising measures or any other measures giving effect to the recovery plan to provide for the continued functioning of the municipality; or (c) � if the Municipal Council is not dissolved in terms of paragraph (b), assume responsibility for the implementation of the recovery plan to the extent that the municipality cannot or does not otherwise implement the recovery plan. (6) � If a provincial executive intervenes in a municipality in terms of subsection (4) or (5), it must submit a written notice of the intervention to— (a) � the Cabinet member responsible for local government affairs; and (b) � the relevant provincial legislature and the National Council of Provinces, within seven days after the intervention began. (7) � If a provincial executive cannot or does not or does not adequately exercise the powers or perform the functions referred to in subsection (4) or (5), the national executive must intervene in terms of subsection (4) or (5) in the stead of the relevant provincial executive. (8) � National legislation may regulate the implementation of this section, including the processes established by this section. 71

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات