Local Government, Environmental Affairs and Development Planning
Which procedure must be followed by a municipal council when appointing (a) a municipal manager, (b) an acting municipal manager and (c) when renewing the service contract of a municipal manager?
The procedure to be followed when a municipal council is appointing a municipal manager or when an acting municipal manager is appointed is provided for in the Local Government: Municipal Systems Act, 32 of 2000 (the Act) read with its regulations. In this case the Regulations on Appointment and Conditions of Employment of Senior Managers Notice No. 21 dated
17 January 2014 under Government Notice No. 37245 (Regulations on Appointment and Conditions of Employment of Senior Managers), outlines the procedure for the appointment of a municipal manager.
- Procedure to be followed in respect of the appointment of municipal managers
Section 54A(1)(a) of the Act requires a municipal council to appoint a municipal manager as head of the administration of the municipality. A person appointed as a municipal manager in terms of section 54A (1) must at least have the skills, expertise, competencies and qualifications as prescribed.
Regulation 9 of the Regulations on Appointment and Conditions of Employment of Senior Managers provides for competence requirements of a person appointed as a senior manager. Annexure A and B of the Regulations on Appointment and Conditions of Employment of Senior Managers sets out the competency framework for senior managers and minimum competency requirements for senior managers respectively.
Recruitment, selection and appointment of senior managers are provided for in Chapter 3 of the Regulations on Appointment and Conditions of Employment of Senior Managers. A municipality is required, when appointing a municipal manager to follow the procedure outlined in the Regulations. Regulations on Appointment and Conditions of Employment of Senior Managers, requires a municipal council to advertise a vacant post of a municipal manager (regulation 10), select a panel to make recommendations for the appointment of a candidate to the vacant position (regulation 12), compile shortlist of applicants (regulation13), screen candidates (regulation 14), conduct interviews (regulation 15) and select and recommend candidates for appointment who should undergo competency assessment (regulation 16).
Once a candidate has been selected and recommended for appointment as a municipal manager as mentioned above, a municipal council is required in terms of section 54A(7)(a) of the Act, within 14 days, read with regulation 17 of Regulations on Appointment and Conditions of Employment of Senior Managers, to inform the MEC for Local Government of the appointment process and the outcome.
(b) Procedure to be followed in respect of the appointment of acting municipal managers
Section 54A(1)(b) of the Local Government: Municipal Systems Act, 32 of 2000 requires a municipal council to appoint an acting municipal manager under circumstances and for a period as prescribed.
Section 54A(2A)(a) of the Municipal Systems Act provides that a person appointed as an acting municipal manager may not be appointed to act for a period that exceeds three months. However, a municipal council may, in special circumstances and on good cause shown, 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.
In this respect, the provisions of section 54A(6)(a) and (b) of the Municipal Systems Act, 32 of 2000 may also be applicable.
(c) Renewing the service contract of a municipal manager
Section 57(6) of the Municipal Systems Act 32 of 2000 provides in paragraphs (a) and (c) that the employment contract for a municipal manager must—
- be for a fixed term of employment not exceeding a period ending one year after the election of the next council of the municipality;
(b) …..”
(c) stipulate the terms of the renewal of the employment contract, but only by agreement between the parties; and
(d) …..”
An employment contract of a municipal manager must contain a renewal clause in order for it to be eligible for renewal. Therefore an employment contract of a municipal manager may be renewed by a new municipal council after the elections if a renewal clause exists – for up to 5 years and not going beyond 1 year after the elections.