Question NW1408 to the Minister of Cooperative Governance and Traditional Affairs
20 July 2017 - NW1408
Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs
(1) Whether any provincial Member of the Executive Council responsible for local government consulted with him regarding an adjustment of the powers and functions of (a) local or (b) district municipality since his appointment in December 2015; if so, (i) on what date did the consultations take place and (ii) which municipalities are affected; (2) Whether capacity assessments were conducted on the affected municipalities as required by section 85(2)(b) of the Local Government: Municipal Structures Act, Act 117 of 1998, as amended; if not, why not; if so, what were the recommendations of each capacity assessment?
Reply:
1. (a) (b) (i) (ii)
The Minister of CoGTA is not aware of any adjustments undertaken by MECs in their provinces, in respect to the powers and functions of municipalities, since his appointment in December 2015.
In terms of Section 85 of the Local Government: Municipal structures Act No 117 of 1998, the MEC for local government in a province may, subject to the other provisions, adjust the division of functions and powers between a district and a local municipality as set out in section 84 (1) or (2), by allocating, within a prescribed policy framework, any of those functions or powers vested in the local municipality, to the district municipality; or in the district municipality (excluding a function or power referred to in section 84 (1) (a), (b), (c), (d), (i), (o) or (p), to the local municipality.
Here, it must be noted that the MEC has no legal obligation to consult the Minister on the adjustment of powers and functions of a municipality his/her province. Section 85 of the Local Government: Municipal Structures Act No 117 of 1998, empowers the MEC of Local Government to adjust functions and powers of municipalities without any legal requirements for the MEC to consult the Minister.
(2) In terms of Section 85 (5) of the Municipal Structures Act, in the event that the MEC disagrees with the MDB on the capacity of the municipality to receive the function, and refuses to adjust the division, contrary to the assessment of the MDB, the MEC must then furnish reasons to the relevant municipalities and the Minister, before finalising a proposed adjustment.
Therefore, the Minister will only be aware of the MDB assessment that is informing an adjustment, if there is a disagreement between the MEC and MDB on the matter.