National Heritage Resources Act, 1999
R 385
Division of Revenue Act, 2021 (Act No. 9 of 2021)Chapter 6 : General37. Transitional measures for municipal election in 2021 |
(1)
(a) | A releasing municipality must continue to spend its allocations for the 2021/22 financial year made in terms of this Act, in that particular area or municipality, as if that area was not transferred to a receiving municipality, unless the affected municipalities have entered into an agreement that ensures that the transferred area or municipality is not negatively affected. |
(b) | The transferring officer of an allocation made in terms of this Act and the receiving municipality must monitor that the releasing municipality complies with paragraph (a). |
(c) | The releasing municipality must, at the request of the transferring officer, the receiving municipality or the National Treasury, demonstrate compliance with paragraph (a). |
(2)
(a) | Sections 17 and 18 apply, with the necessary changes, where a releasing municipality fails to comply with subsection (1)(a) or (c) in respect of a Schedule 4, 5, 6 or 7 allocation. |
(b) | The National Treasury may, where it withholds or stops an allocation in terms of paragraph (a), after consultation with the transferring officer, determine that a portion of the allocation be reallocated to the receiving municipality. |
(3) | The National Treasury may, where a releasing municipality fails to comply with subsection (1)(a) or (c), reallocate a portion of the releasing municipality’s equitable share allocation, referred to in section 5, to the receiving municipality. |
(4)
(a) | The allocations referred to in sections 5(2) and 8(2) are subject to adjustments required following a redetermination in terms of section 21(1)(b) of the Municipal Demarcation Act. |
(b) | The transferring officer of a Schedule 4, 5, 6 or 7 allocation must, by 1 October 2021, inform the National Treasury of any adjustments to the allocations, referred to in section 8(2) that must be reflected in the Division of Revenue Act for the 2022/23 financial year. |