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COGTA Gives Update on Municipal Systems Act

April 16, 2019

Department of Cooperative Governance and Traditional Affairs

16 April 2019

The Local Government: Municipal Performance Regulations for Municipal Managers and Managers Directly Accountable to Municipal Managers remain in force.

The cooperative governance and traditional affairs department confirmed this in a statement on the implications of the Constitutional Court judgement declaring the Local Government: Municipal Systems Amendment Act of 2011 invalid.

The High Court found the act to be unconstitutional and invalid as it failed to comply with the procedures set out in section 76 of the Constitution.

The Constitutional Court subsequently confirmed the decision on 9 March 2017.

Parliament was given two years to remedy the defect.

Consequently, the Local Government: Municipal Systems Amendment Bill was tabled in parliament on 6 February 2019.

Public hearings on the bill were held towards the end of February 2019.

In March, the department sought to extend the two-year timeframe by an additional 12 months but the ConCourt dismissed the application.

According to the department, the principal Act and all amendments made before 2011 remain operative and enforceable.

The department also announced that certain provisions of the Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers setting uniform standards for matters concerning municipal personnel administration, systems and procedures including the
conditions of employment of municipal managers and managers directly accountable to municipal managers remain valid and enforceable.

The Upper Limits of Total Remuneration Packages Payable to Municipal Managers and Managers Directly Accountable to Municipal Managers, Local Government: Disciplinary Regulations for Senior Managers of 2011 and the Municipal Regulations on Minimum Competency Levels also remain valid.

The department also instructed municipalities to continue with recruitment and selection processes to fill vacant senior manager posts which commenced prior to 9 March 2019.

The department urged “municipal councils to adopt and continue to implement the principles and standards until such time that the Amendment Bill has been approved by Parliament and assented to by the President”.