Maintenance Act, 1998
R 385
Customary Initiation Act, 2021 (Act No. 2 of 2021)Chapter 5 : General Provisions39. Local initiation structures and municipalities |
| (1) |
| (a) | In addition to the structures provided for in this Act, provincial legislation may provide for the establishment of local initiation structures to perform the responsibilities, roles and functions as provided for in such provincial legislation or as may be delegated to such structures in terms of subsection (2). |
| (b) | The provisions of section 17 apply with the necessary changes in respect of the administrative and financial support to be provided to the local initiation structures in so far as such support is not provided for in the provincial legislation contemplated in paragraph (a). |
| (2) |
| (a) | A PICC may, subject to paragraph (b) and any conditions as the PICC may determine, in writing, delegate any of its responsibilities, roles and functions to any local initiation structure contemplated in subsection (1)(a). |
| (b) | For the purposes of a delegation contemplated in paragraph (a), the provisions of sections 15(8) and 20(3) apply with the necessary changes. |
| (c) | The delegation in terms of paragraph (a) does not prevent the exercise of the relevant responsibility, role or function by the PICC: Provided that the PICC must give prior notice of its intention to exercise the responsibility, role or function to the relevant local initiation structure. |
| (d) | A PICC may at any time, in writing, withdraw or amend a delegation. |
| (e) | A local initiation structure to which a responsibility, role or function is delegated, may not further delegate it. |
| (f) | Notice must be given in the Provincial Gazette of any responsibility, role or function delegated in terms of this subsection. |
| (3) | A PICC must monitor the execution of any delegated responsibilities, roles and functions contemplated in subsection (2) and submit reports in this regard to the department responsible for initiation in the province which reports must be dealt with in accordance with the provisions of section 36(3). |
| (4) | A PICC must inform the Premier, any relevant MEC, the provincial house, the NIOC and organised local government within the province of any delegation made in terms of subsection (2). |
| (5) |
| (a) | In the absence of provincial legislation contemplated in subsection (1)(a), a PICC may, after consultation with the Premier, any relevant MEC, the provincial house and organised local government within the province, in writing and subject to any conditions as the PICC may determine, delegate any of the responsibilities, roles or functions contemplated in subsection (2)(a) to a specific metropolitan, district or local municipality or to such municipalities in general within the province: Provided that such a municipality must, prior to a delegation being made, agree thereto. |
| (b) | The delegation contemplated in paragraph (a) may be included in an implementation protocol contemplated in section 35 of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005). |
| (c) | Subsections (2)(b) to (f), (3) and (4) apply with the necessary changes to any delegation made under paragraph (a). |
| (d) | The delegation or implementation protocol contemplated in paragraphs (a) and (b), must include the provision of financial support to the relevant municipality by the provincial departments as contemplated in section 17(1). |
| (6) | In the event of any conflict between a provision of the provincial legislation referred to in subsection (1)(a) and any provision of this Act, the relevant provision of this Act prevails. |
