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Local Government: Municipal Systems Amendment Act 3 of 2022 (English / Afrikaans)

Files: 
3 of 2022

The Local Government: Municipal Systems Amendment Act 3 of 2022 intends:

  • to amend the Local Government: Municipal Systems Act, 2000, so as
    • to insert and amend certain definitions;
    • to make further provision for the appointment of municipal managers and managers directly accountable to municipal managers;
    • to 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;
    • to determine timeframes within which performance agreements of municipal managers and managers directly accountable to municipal managers must be concluded;
    • to make further provision for the evaluation of the performance of municipal managers and managers directly accountable to municipal managers;
    • to 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; 
    • to require all staff systems and procedures of a municipality to be consistent with uniform standards determined by the Minister by regulation;
    • to bar municipal managers and managers directly accountable to municipal managers from holding political office in political parties;
    • to regulate the employment of municipal employees who have been dismissed;
    • to 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;
    • to provide for the approval of staff establishments of municipalities by the respective municipal councils;
    • to 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;
    • to enable the Minister to prescribe frameworks to regulate human resource management systems for local government and mandates for organised local government;
    • to extend the Minister’s powers to make regulations relating to municipal staff matters;
  • to make a consequential amendment to the Local Government: Municipal Structures Act, 1998, by deleting the provision dealing with the appointment of municipal managers; and
  • to provide for matters connected therewith.

Commencement

1 November 2022 (Gazette 47370 of 26 October 2022)