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Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 7 : Local Public Administration and Human Resources

Part 2 : Political structures, political office bearers and roles

54A. Appointment of municipal managers and acting municipal managers

 

 

1) The municipal council must appoint-
a) a municipal manager as head of the administration of the municipal council; or
b) an acting municipal manager under circumstances and for a period as prescribed.

 

2) A person appointed as municipal manager in terms of subsection (1) must at least have the skills, expertise, competencies and qualifications as prescribed.

 

2A)
a) A person appointed in terms of subsection (1)(b) may not be appointed to act for a period that exceeds three months.
b) 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 contemplated in paragraph (a), for a further period that does not exceed three months.
3) A decision to appoint a person as municipal manager, and any contract concluded between the municipal council and that person in consequence of the decision, is null and void if-
a) the person appointed does not have the prescribed skills, expertise, competencies or qualifications; or
b) the appointment was otherwise made in contravention of this Act.

 

4) If the post of municipal manager becomes vacant, the municipal council must-
a) advertise the post nationally to attract a pool of candidates nationwide; and
b) select from the pool of candidates a suitable person who complies with the prescribed requirements for appointment to the post.

 

5) The municipal council must re-advertise the post if there is no suitable candidate who complies with the prescribed requirements.

 

6)
a) The municipal council may request the MEC for local government to second a suitable person, on such conditions as prescribed, to act in the advertised position until such time as a suitable candidate has been appointed.
b) If the MEC for local government has not seconded a suitable person within a period of 60 days after receipt of the request referred to in paragraph (a), the municipal council may request the Minister to second a suitable person, on such conditions as prescribed, until such time as a suitable candidate has been appointed.

 

7)
a) The municipal council must, within 14 days, inform the MEC for local government of the appointment process and outcome, as may be prescribed;
b) The MEC for local government must, within 14 days of receipt of the information referred to in paragraph (a), submit a copy thereof to the Minister.

 

8) If a person is appointed as municipal manager in contravention of this section, the MEC for local government must, within 14 days of receiving the information provided for in subsection (7), take appropriate steps to enforce compliance by the municipal council with this section, which may include an application to a court for a declaratory order on the validity of the appointment, or any other legal action against the municipal council.

 

9) Where an MEC for local government fails to take appropriate steps referred to in subsection (8), the Minister may take the steps contemplated in that subsection.

 

10) A municipal council may, in special circumstances and on good cause shown, apply in writing to the Minister to waive any of the requirements listed in subsection (2) if it is unable to attract suitable candidates.

 

11) A person who has been appointed as acting municipal manager before this section took effect, must be regarded as having been appointed in accordance with this section for the period of the acting appointment.

 

12) Any pending legal or disciplinary action in connection with an appointment made before this section took effect, will not be affected by this section after it took effect.