| Act No. 3, 2003
|
Constitution of the Republic of South Africa Second Amendment Act, 2003
|
(b)
the intervention must end
[unless it is approved by] if the Council
disapproves the intervention within
[30] 180 days
[of its first sitting] after the intervention began
or by the end of that period has not approved the intervention; and
(c)
the Council must
, while the intervention continues, review the intervention regularly and
may make any appropriate recommendations to the national executive.”.
Amendment of section 103 of Act 108 of 1996
3. Section 103 of the Constitution is hereby amended by the substitution for paragraph (g) of subsection (1) of the following paragraph:
“(g)
[Northern Province] Limpopo”.
Substitution of section 139 of Act 108 of 1996
4. The following section is hereby substituted for section 139 of the Constitution:
“Provincial [supervision of] intervention in local government
139. (1) When a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation. including—
(a)
issuing a directive to the Municipal Council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations;
[and]
(b)
assuming responsibility for the relevant obligation in that municipality to the extent necessary
to—
(i)
[to] maintain essential national standards or meet established minimum standards for the rendering of a service;
(ii)
[to] prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the province as a whole; or
(iii)
[to] maintain economic unity
; or
(c)
dissolving the Municipal Council and appointing an administrator until a newly elected Municipal Council has been declared elected, if exceptional circumstances warrant such a step.
(2) If a provincial executive intervenes in a municipality in terms of subsection (1) (b)—
[(a)
the intervention must end unless it is approved by the Cabinet member responsible for local government affairs within 14 days of the intervention;
(b)](a)
it must submit a written notice of the intervention
[must be tabled in] to—
(i)
the Cabinet member responsible for local government affairs; and
(ii)
the
relevant provincial legislature and
[in] the National Council of Provinces,
within 14 days [of their respective first sittings] after the intervention began;
[(c)
the intervention must end unless it is approved by the Council within 30 days of its first sitting after the intervention began;]
(b)
the intervention must end if—
(i)
the Cabinet member responsible for local government affairs disapproves the intervention within 28 days after the intervention began or by the end of that period has not approved the intervention; or
(ii)
the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and
