Question NW3866 to the Minister of Cooperative Governance and Traditional Affairs

Reply:

1. The Municipal Regulations on Minimum Competency Levels, 2007 (Government Gazette No. 29967 of 15 June 2007) were promulgated in terms of section 168 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003). The Regulations are administered by the National Treasury, and therefore any details pertaining to progress in achieving the specified goals should be obtained directly from the National Treasury.

2. The following progress has been made since the adoption of the new system of local government in 2000 to build an ethical, professional and capable local public administration responsive to the needs of communities:

a) Regulations on appointment and conditions of employment of senior managers

These regulations contribute to the professionalisation of local public administration by setting out uniform procedures for appointment of municipal managers and managers directly accountable to municipal managers (senior managers), including the appointment criteria (i.e. competency requirements, higher education qualifications and experience) necessary to enable incumbents to perform the duties associated with the relevant posts.

b) Municipal Performance Regulations for Municipal Managers and Managers Directly accountable to Municipal Managers

The objectives of these regulations are to provide a framework that ensures that municipalities are performance orientated and responsive to community needs; foster a culture of commitment to serving the public; and a collective sense of responsibility for performance in terms of standards and targets in order to maximise the ability of municipalities as a whole to achieve their objectives and improve the quality of life of their residents.

c) Disciplinary Regulations for senior managers

These regulations prescribe, amongst others, uniform procedures for reporting incidents of breach of the Code of Conduct for Municipal Staff; investigation of allegations of misconduct; appointment of presiding officers; roles and responsibilities of different stakeholders; and sanctions.

d) Municipal Staff Regulations

These regulations were promulgated on 20 September 2021 with the implementation date of 1 July 2022. The regulations incorporate minimum competency requirements for staff below management echelons which forms the basis for sector-wide skills audit and development programmes while ensuring that all municipal staff members participate in the performance management system in order to maximise the ability of municipalities to achieve their objectives and improve the quality of life of their residents. The skills audit exercise will provide a useful baseline information on skills profiles, workplace skills plans and sector skills plans.

e) Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022)

The Municipal Systems Amendment Act provides legal certainty with regards to the Minister’ regulatory powers, including -

• Provision for the appointment of municipal managers and managers directly accountable to municipal managers;
• Provision for procedures and competency criteria for such appointments, including consequences of appointments made otherwise than in accordance with such procedures and criteria;
• Provision procedures for performance evaluation;
• Limiting the political rights of all municipal managers and managers directly accountable to municipal managers from holding political office in a political party;
• Regulating the re-employment of municipal staff members who have been dismissed for misconduct;
• Prohibits the bloating of municipal administration;
• Provision for mandating procedures to be adhered to by organised local government before it embarks on wage negotiations in the bargaining council designated for municipalities; and
• Empowering the Minister to investigate maladministration, fraud, corruption or any other serious malpractice in municipalities, if the MEC fails to conduct such investigations.

End.