Local Government, Environmental Affairs and Development Planning
Question by:
Hon Lennit Max
Answered by:
Hon Anton Bredell
Question Number:
6
Question Body:
- Whether the Oudtshoorn Municipality complied with the provisions of the Municipal Systems Act, 2000 [Act 32 of 2000] in appointing its municipal manager; if so, what are the relevant details; if not,
- whether he is taking the necessary action in terms of the Act; if not, why not; if so, what are the relevant details?
Answer Body:
[1] The Municipal Systems Act [the Act] in section 54A thereof, amongst others, provides that the municipal council must appoint a municipal manager or acting municipal manager. The latter may not be appointed to act for a period that exceeds three months, but a council may in special circumstances apply in writing to the MEC for local government to extend the period of appointment for a further period that does not exceed three months. The Oudtshoorn Municipal Council did not comply with the said provisions of the Act in that a municipal manager has not been appointed on a fixed term contract since the vacancy occurred, nor has an acting municipal manager, to my knowledge, been appointed by council since May 2013.
- In circumstances where extended vacancies occur, the Act envisages the council to request the MEC for local government to second a suitable person to act in the advertised position until such time as a suitable candidate is appointed. Such a request has to date, not been received. If the MEC fails to do so, the municipal council may request the national Minister to second a suitable person. It is important to note that the Act does not allow for the MEC to unilaterally install a municipal manager in a municipality. The Municipality has now been requested to indicate how it envisages rectifying the aforesaid non-compliance.
Date:
Friday, September 12, 2014
