'The requirements for, and appropriateness of, stopping the equitable share of municipalities in terms of section 216'

Abstract

The aim of this research paper has been to answer the question whether the actions of the National Treasury in invoking section 216(2) of the Constitution in respect of the 59 municipalities for debt owed in arrears to the creditors Eskom and the water boards, has been legal. Did its decision meet the substantive requirements as well as the procedural requirements as set under the legal framework of the Constitution and the MFMA? The second question was to assess the value in using the intervention against defaulting municipalities, by looking at whether the intervention was effective and what impact did it have on the defaulting municipalities.