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Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 12 : Miscellaneous

120. Regulations and guidelines

 

 

1) The Minister may, by notice in the Gazette and after consultation with organised local government representing local government nationally, make regulations or issue guidelines not inconsistent with this Act concerning-
a) the matters listed in sections 22, 37, 49, 54A, 56, 72, 86A and 104;
b) any matter that may be prescribed in terms of this Act; and
c) any matter that may facilitate the application of this Act.

 

2) Regulations and guidelines made or issued in terms of subsection (1) may differentiate between-
a) different kinds of municipalities which may, for the purposes of the regulations, be defined in the regulations either in relation to categories or types of municipalities or in any other way;
b) different categories of municipal services;
c) different categories of service providers;
d) ratepayers, users of services, debtors and other categories of persons; or
e) different categories of ratepayers, users of services or debtors as long as the differentiation does not amount to unfair discrimination.

 

3) Regulations in terms of subsection (1) may prescribe penalties for the contravention of or non-compliance with any specific provisions of the regulations, which may include an appropriate fine and imprisonment not exceeding six months.

 

4) Draft regulations and guidelines must be published in the Gazette for public comment before their enactment in terms of subsection (1).

 

5) The absence of a regulation or guideline that maybe prescribed in terms of this Act does not prevent-
a) the application of a provision of this Act in connection with which the regulation or guideline may be prescribed; or
b) the performance of a function or the exercise of a power assigned in such a provision.

 

6)
a) Guidelines issued in terms of subsection (1) are not binding;
b) Compliance with guidelines issued in terms of subsection (1) may be taken into account in the determination of inter-governmental financial policies and arrangements.

 

7) Regulations made in terms of this section-
a) must be submitted to Parliament at least 30 days before their publication in the Gazette; and
b) take effect on a date determined in the regulations, which must be the date of publication or a date after such publication.