Chapter 6: Provinces
newly elected Municipal Council has been declared elected, if exceptional
circumstances warrant such a step.
(2) � If a provincial executive intervenes in a municipality in terms of subsection (1)(b)—
(a) � it must submit a written notice of the intervention to—
(i) � the Cabinet member responsible for local government affairs; and
(ii) � the relevant provincial legislature and the National Council of Provinces,
within 14 days after the intervention began;
(b) � the intervention must end if—
(i) � the Cabinet member responsible for local government affairs disapproves
the intervention within 28 days after the intervention began or by the
end of that period has not approved the intervention; or
(ii) � the Council disapproves the intervention within 180 days after the
intervention began or by the end of that period
has not approved
the intervention; and
(c) � the Council must, while the intervention continues, review the intervention
regularly and may make any appropriate recommendations to the provincial
executive.
(3) � If a Municipal Council is dissolved in terms of subsection (1)(c)—
(a) � the provincial executive must immediately submit a written notice of the
dissolution to—
(i) � the Cabinet member responsible for local government affairs; and
(ii) � the relevant provincial legislature and the National Council of Provinces;
and
(b) � the dissolution takes effect 14 days from the date of receipt of the notice by
the Council unless set aside by that Cabinet member or the Council before the
expiry of those 14 days.
(4) � If a municipality cannot or does not fulfil an obligation in terms of the Constitution
or legislation to approve a budget or any revenue-raising measures necessary to
give effect to the budget, the relevant provincial executive must intervene by taking
any appropriate steps to ensure that the budget or those revenue-raising measures
are approved, including dissolving the Municipal Council and—
(a) � appointing an administrator until a newly elected Municipal Council has been
declared elected; and
(b) � approving a temporary budget or revenue-raising measures to provide for the
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