Department of Cooperative Governance and Traditional Affairs
Disciplinary regulations for senior managers in local government have been published in notice 344 of Government Gazette 34213 dated 21 April 2011.
Made under section 120 of Local Government: Municipal Systems Act 32 of 2000, they repeal regulations 16 and 17(2) and (3) of 2006 pertaining to the performance of municipal managers and managers directly accountable to them.
Local Government: Municipal Systems Amendment Bill, 2011 sought to empower the minister to make regulations in respect of norms, standards and guidelines affecting personnel matters and, in particular, those relating to municipal managers and managers directly accountable to them.
The National Council of Provinces (NCOP) approved the bill on 19 April 2011, completing its passage through Parliament. It has since been referred to the state president for assent.
The bill can now be described as having been “unanimously voted into law”, as declared in a media statement following the National Assembly vote on the proposed new legislation.
According to that statement, once assented to by the president and allocated a commencement date, the new statute should herald the dawn of “developmental local government that is responsible, accountable, efficient and effective”.
Against this background, the new regulations introduce:
· a disciplinary code and related procedures; and
· procedures for dealing with sub-standard performance.
According to the definition provided, the term “senior manager” means:
· a municipal manager referred to in section 82(1) of Local Government: Municipal Structures Act 117 of 1998; or
· a manager referred to in section 56 of act 32 of 2000, as amended.