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Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004)

Chapter 9 : Miscellaneous Matters

81. Provincial monitoring and reporting

[Section 81 heading amended by section 28 of Act No. 29 of 2014]

 

 

(1) The MEC for local government in a province must monitor whether municipalities in the province comply with the provisions of this Act.

 

(1A) The critical milestones that must guide monitoring by the MEC for local government as contemplated in subsection (1) include, but are not limited to, whether—
(a) a municipality has determined a date of valuation for its general valuation in terms of section 31;
(b) a municipality without in-house valuation capacity, has advertised for the appointment of a valuer by a date determined by the Minister by notice in the Gazette;
(c) a  municipality  has  designated  a  municipal  valuer  by  a  date determined by the Minister by notice in the Gazette;
(d) the municipal manager has submitted a project plan in terms of subsection (1B); and
(e) the municipal valuer has submitted a certified valuation roll to the municipal manager by the prescribed date.

 

(1B) A municipality must—
(a) by a date determined by the Minister by notice in the Gazette, submit a project plan to the MEC for local government outlining detailed actions for the valuation of all properties in the municipal area, indicating when valuations will commence and when valuations will be finalised, including the following milestones:
(i) The date of valuation for the next general valuation and the date by which it will be determined in terms of section 31;
(ii) the date by which the municipality will advertise for the appointment of a municipal valuer, if the municipality has no in-house valuation capacity;
(iii) the date by which the municipality will designate a municipal valuer;
(iv) the date by which the municipal manager is to submit quarterly progress reports to the MEC for local government that are based on the municipal valuer’s monthly progress reports contemplated in section 34(aA); and
(v) the intended date by which the municipal valuer is to submit a certified valuation roll to the municipal manager taking into account the provisions of section 34(d); and
(b) by no later than 10 days after the date on which each milestone referred to in paragraphs (a)(i) to (v) should have taken place, submit a report to the MEC for local government regarding the status of that milestone and, if the milestone has not been achieved, the remedial actions to rectify the failure to deliver on the milestones in the action plan, and any deviation in the action plan that will impact on the submission date referred to in subsection (1B).

 

(1C) A municipality must submit to the MEC for local government such information, reports, documents, explanations and motivations as may be required by the MEC.

 

(1D)
(a) The Minister may, by notice in the Gazette, determine to which municipalities the provisions of this section apply.
(b) A determination referred to in paragraph (a) may differentiate between municipalities in terms of categories, types or budgetary size or in any other manner.

 

(2) If a municipality fails to comply with a provision of this Act, the MEC may take any appropriate steps to ensure compliance, including proposing an intervention by the provincial executive in terms of section 139 of the Constitution.