Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002)
R 385
Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 3 : Municipal Functions and Powers10A. Funding and capacity building |
The Cabinet member, MEC or other organ of state initiating an assignment of a function or power to a municipality in terms of section 9 or 10, must take appropriate steps to ensure sufficient funding, and such capacity-building initiatives as may be needed, for the performance of the assigned function or power by the municipality if—
| (a) | the assignment of the function or power imposes a duty on the municipality; |
| (b) | that duty falls outside the functional areas listed in Part B of Schedule 4 or Part B of Schedule 5 to the Constitution or is not incidental to any of those functional areas; and |
| (c) | the performance of that duty has financial implications for the municipality. |
[Section 10A inserted by section 4 of Act No. 44 of 2003]
