A municipality may not issue any guarantee for any commitment or debt of any organ of state or person, except on the following conditions:
| (a) |
The guarantee must be within limits specified in the municipality's approved budget; |
| (b) |
a municipality may guarantee the debt of a municipal entity under its sole control only if the guarantee is authorised by the council in the same manner and subject to the same conditions applicable to a municipality in terms of this Chapter if it incurs debt; |
| (c) |
a municipality may guarantee the debt of a municipal entity under its shared control or of any other person, but only with the approval of the National Treasury, and then only if— |
| (i) |
the municipality creates, and maintains for the duration of the guarantee, a cash-backed reserve equal to its total potential financial exposure as a result of such guarantee; or |
| (ii) |
the municipality purchases and maintains in effect for the duration of the guarantee, a policy of insurance issued by a registered insurer, which covers the full amount of the municipality's potential financial exposure as a result of such guarantee. |
Housing Development Agency Act, 2008
