Basic Conditions of Employment Act, 1997
R 385
Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)Chapter 13 : Resolution of Financial ProblemsPart 2 : Provincial interventions148. Termination of provincial interventions |
| (1) | A discretionary intervention referred to in section 137 must end— |
| (a) | if it is terminated in terms of section 139(2)(b) of the Constitution; or |
| (b) | when— |
| (i) | the municipality is able and willing to fulfil the executive obligation in terms of legislation or the Constitution that gave rise to the intervention; and |
| (ii) | the financial problem that has been caused by or has caused the failure by the municipality to comply with that obligation is resolved. |
| (2) | A mandatory intervention referred to in section 139 must end when— |
| (a) | the crisis in the municipality's financial affairs has been resolved; and |
| (b) | the municipality's ability to meet its obligations to provide basic services or its financial commitments is secured. |
| (3) | When a provincial intervention ends, the MEC for local government or the MEC for finance in the province must notify— |
| (a) | the municipality; |
| (b) | the Minister, in the case of a mandatory intervention; |
| (c) | the Cabinet member responsible for local government; |
| (d) | any creditors having pending litigation against the municipality; |
| (e) | the provincial, legislature; and |
| (f) | organised local government in the province. |
