‘Political office bill’ for municipal managers in the works
THE government is mulling over a law that bars municipal managers and managers accountable to them to hold public office in a political organisation.
The bill defines “political office’’ as the position of chairperson, deputy chairperson, secretary, deputy secretary or treasurer of a political party nationally or in any province, region or other area.
“Other political rights of senior managers are unaffected by the amendment and they remain entitled to enjoy and exercise these rights freely,” reads the bill.
This emerged after Cogta Minister Zweli Mkhize published a notice last week revealing his intention to introduce an amendment bill in Parliament.
“The amendment bill seeks to amend the Local Government: Municipal Systems Act to build an efficient, effective and transparent local public administration that conforms to constitutional principles and to strengthen the capacity of municipalities to perform their functions by setting uniform standards...” reads the notice published in the Government Gazette.
The bill is a sequel to one that did not pass muster in the Constitutional Court in March 2017 after the Gauteng High Court found it was not classified as affecting provinces.
Parliament was given 24 months – until March 9, 2019 – to fix the defects.
The bill also states that a staff member of any municipality who has been dismissed for misconduct may only be re-employed in any municipality after the expiry of a prescribed period.
“A system is introduced whereby municipalities would be required to maintain a record regarding the disciplinary proceedings of staff members dismissed for misconduct and forward it to the MEC for local government, who must forward it to the minister to keep and make it available to municipalities as prescribed.”
The bill also empowers the minister to determine, by regulation or through guidelines, a minimum level of skills, expertise, competencies and qualifications for municipal managers appointed from the date on which the law takes effect.
“The idea is that an appointment should be null and void if the person appointed as municipal manager does not have the prescribed skills, expertise, competencies or qualifications. It is also proposed to insert an appointment procedure in this section to ensure that a vacant post of municipal manager is advertised nationally to attract as wide as possible a pool of candidates.”
The minister may exempt a municipal council from these strict appointment requirements if the municipal council is unable to attract a suitable candidate, which may happen especially in rural areas.
The bill provides for municipal councils to inform the MEC for local government and the minister by way of a report on the appointment.
It also provides for an appointment of a manager to lapse if the person appointed does not sign a performance agreement within 60 days.
The bill also enables the minister to conduct an investigation into maladministration, fraud, corruption or any other serious malpractice in a municipality, if the MEC fails to conduct such investigation.
Salga and Samwu did not respond to the amendments when contacted yesterday.