Local Government: Municipal Systems Amendment Bill Tabled

Department of Cooperative Governance and Traditional Affairs

The Local Government: Municipal Systems Amendment Bill has been tabled in parliament.

The proposed legislation was drawn up by the cooperative governance and traditional affairs department.

The bill aims to amend the Local Government: Municipal Systems Act of 2000, so as to:

• insert and amend certain definitions;
• make further provision for the appointment of municipal managers and managers directly accountable to municipal managers;
• provide for procedures and competency criteria for such appointments, and for the consequences of appointments made otherwise than in accordance with such procedures and criteria;
• determine timeframes within which performance agreements of municipal managers and managers directly accountable to municipal managers must be concluded;
• make further provision for the evaluation of the performance of municipal managers and managers directly accountable to municipal managers;
• require employment contracts and performance agreements of municipal managers and managers directly accountable to municipal managers to be consistent with the Act and any regulations made by the Minister;
• require all staff systems and procedures of a municipality to be consistent with uniform standards determined by the Minister by regulation;
• bar municipal managers and managers directly accountable to municipal managers from holding political office in political parties;
• regulate the employment of municipal employees who have been dismissed;
• provide for the Minister to make regulations relating to the duties, remuneration, benefits and other terms and conditions of employment of municipal managers and managers directly accountable to municipal managers;
• provide for the approval of staff establishments of municipalities by the respective municipal councils;
• prohibit the employment of a person in a municipality if the post to which he or she is appointed is not provided for in the staff establishment of that municipality;
• enable the Minister to prescribe frameworks to regulate human resource management systems for local government and mandates for organised local government;
• extend the Minister’s powers to make regulations relating to municipal staff matters;
• make a consequential amendment to the Local Government: Municipal Structures Act, 1998, by deleting the provision dealing with the appointment of municipal managers; and
• provide for matters connected therewith.

According to the bill’s memorandum, the main purpose of the bill is to grant the minister adequate regulatory powers in respect of municipal managers and managers directly accountable to municipal managers.

The portfolio committee on cooperative governance and traditional affairs will process the bill.

Sabinet Cape Town Office

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