Children's Act, 2005 (Act No. 38 of 2005)Chapter 5 : Partial Care88. Assignment of functions to municipality |
| (1) | The provincial head of social development may, by written agreement with a municipality, assign the performance of some or all of the functions contemplated in sections 80, 81, 82, 83, 84, 85 and 87 to the municipal manager if the provincial head of social development is satisfied that the municipality complies with the prescribed requirements with regard to the capacity of that municipality to perform the functions concerned. |
| (2) | The agreement must be in the prescribed form and contain the prescribed particulars. |
| (3) | The municipal manager referred to in subsection (1) may delegate any power or duty assigned to him or her in terms of this section to a social service professional in the employ of the municipality. |
| (4) | A delegation in terms of subsection (3)— |
| (a) | is subject to any limitations, conditions and directions which the municipal manager may impose; |
| (b) | must be in writing; and |
| (c) | does not divest the municipal manager of the responsibility concerning the exercise of the power or the performance of the duty. |
| (5) | The municipal manager may— |
| (a) | confirm, vary or revoke any decision taken in consequence of a delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and |
| (b) | at any time withdraw a delegation. |
| (6) | An applicant or a registration holder aggrieved by a decision of an official in the employ of a municipality in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the municipal council, who must decide the appeal within 90 days of receipt thereof. |
| (7) | An applicant or a registration holder that is not satisfied with the outcome of an appeal contemplated in subsection (6) may apply to the competent division of the High Court to review that decision. |
| (8) |
| (a) | The provincial head of social development must monitor the performance of the functions assigned in terms of this section. |
| (b) | The provincial head of social development may by notice in writing require the municipal manager or any other person in possession of information required by the provincial head of social development for purposes of monitoring the performance of the functions assigned by this section, to provide such information to the provincial head of social development within the period specified in the notice. |
| (c) | If, after the functions contemplated in subsection (1) had been assigned to a municipality, it appears that a particular municipality no longer has the capacity to perform some or all of the functions assigned to it, the provincial head of social development may— |
| (i) | amend the written agreement contemplated in subsection (1); or |
| (ii) | withdraw the assignment of the functions. |