| (1) |
In order to ensure that the conditions, if any, subject to which a municipal police service was established, are complied with and that national standards are maintained, the member of the Executive Council or a member of the provincial secretariat designated in writing for that purpose by the member— |
| (a) |
may request and obtain information and documents under the control of the municipal police service or municipality in question; |
| (b) |
may enter any building or premises under the control of the municipal police service or municipality in question; and |
| (c) |
shall be entitled to all reasonable assistance by any member of the municipal police service and any employee of the municipality in question. |
| (2) |
If the member of the Executive Council is satisfied that a municipal police service has failed to comply with the conditions or national standards, he or she may, by notice in writing, inform the municipal council in question of such failure and request the council to ensure that the municipal police service complies with the conditions or national standards within a period specified in the notice. |
| (3) |
The member of the Executive Council may, from time to time, upon the request of the municipal council extend the period contemplated in subsection (2). |
| (4) |
If the municipal council fails to comply with the notice contemplated in subsection (2) within the period specified in the notice or within the extended period contemplated in subsection (3), the member of the Executive Council may, after consultation with the member or members of the Executive Council responsible for local government, transport and traffic matters or where no such member or members have been appointed, the Premier or such member or members of the Executive Council to whom the responsibilities have been assigned by the Premier— |
| (a) |
appoint an official of the provincial government as administrator of the municipal police service in question and charge such official with the responsibility to ensure that the municipal police service complies with the conditions and national standards; and |
| (b) |
take such other steps as he or she may deem necessary to ensure compliance with the conditions and national standards. |
| (5) |
The administrator appointed under subsection (4)(a) may, subject to section 139(2) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), and subject to the directions of the member of the Executive Council, exercise all the powers and perform all the duties of the executive head of the municipal police service. |
| (6) |
If the member of the Executive Council is satisfied that the municipal police service complies with the conditions and national standards, he or she may terminate the appointment of the administrator. |
| (7) |
All expenditure incurred by or in connection with the intervention by the member of the Executive Council shall be for the account of the municipality in question. |
[Section 64N inserted by section 3 of Act No. 83 of 1998]
South African Institute for Drug Free Sport Act, 1997
