by Ms Lindiwe Msengana-Ndlela, Director General: Department of Provincial and
Local Government (dplg)
1 August 2006
Background
The Ministry and Department for Provincial and Local Government are
publishing the local government municipal performance regulations for municipal
managers and managers (heads of departments) directly accountable to them for
implementation with effect from 1 August 2006. These regulations are informed
by lessons arising from the implementation of Project Consolidate and our
analysis of local government since this new system was inaugurated in 2000.
In the past month, stakeholders and members of the public have provided
comments and expressed overwhelming support for the principles and objectives
espoused in the regulations.
Objectives
The regulations seek to provide a uniform framework that can be applied by
local, district and metropolitan municipalities whilst recognising their unique
conditions.
In this second term of local government, 2006 â 2011, more effort will be
placed on the implementation of government policies. These regulations seek to
provide for practical mechanisms and enablers in implementation, monitoring and
evaluation of service delivery and development.
In view of the need to on one hand attract and retain skilled managers in
municipalities and on the other hand, the need to provide clarity on
remuneration and conditions of employment, the regulations specifies principles
in this regard.
The municipal performance regulations consist of the following chapters:
* Chapter one: interpretation, providing for essential definitions to assist
in interpreting the regulations.
* Chapter two: this chapter provides for the essential elements that must be
included in an employment contract such as conditions of service and other
terms and provisions.
* Chapter three: this chapter provides for the performance management system
applicable to municipal managers, evaluation processes and remuneration
particularly with regards to performance bonuses.
* Chapter four: this chapter provides a framework for competency requirement
and a basic job description for the posts of municipal managers and managers
accountable to them.
Employment contract
It is now a requirement that the determination of remuneration should be
competency-based, market-related and appropriate to local conditions. The
recognition of outstanding performance remains an important part of performance
management. They provide that bonuses be awarded on a sliding scale ranging
from five percent to a maximum of 14 percent only to outstanding performers
[regulation 32 (2)]. These measures would therefore contribute in the alignment
of local government remuneration levels with those at a provincial and national
sphere as we journey towards a single public service in South Africa.
Regulation 4 (4) (d) provides that municipal managers and managers directly
accountable to them disclose their financial interests as required by the local
government: Municipal Financial Management Act of 2003. These will include
disclosure of land and property as well as gifts and rewards.
Performance agreement
It is a further requirement that the performance agreements for municipal
managers be directly linked to the Municipal Integrated Development Plans
(IDPs) and be based on the five key performance areas of local government
(regulation 26). The agreement must be signed between the municipal manager and
the council within 90 days after assumption of duty and will be subjected to
periodic performance reviews [regulation 4 (4)].
Assessment panels will include, amongst others, ward committee
representatives and external stakeholders such as audit committee members
[regulation 27 (4) (d)]. The annual assessment results will be submitted to the
MEC for Local Government and the Minister for Provincial and Local Government
[regulation 34 (3)].
Conclusion
These regulations are an important milestone in further strengthening the
performance and accountability of municipalities. It is hoped that the
regulations will contribute towards a more predictable and stable institutional
environment in municipalities.
An electronic copy of the municipal performance regulations is available on
the Department of Provincial and Local Government (DPLG) website. The
regulations are also published in the Government Gazette number 29089, which is
obtainable from the government printers.
Issued by: Department of Provincial and Local Government
1 August 2006
