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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

57A. Employment Of Dismissed Staff And Record Of Disciplinary Proceedings

 

 

1) Any staff member dismissed for misconduct may only be re-employed in any municipality after the expiry of a prescribed period.

 

2) The Minister must prescribe different periods of expiry, as contemplated in subsection (1), for different categories of misconduct.

 

3) Notwithstanding subsection (1) and (2), a staff member dismissed for financial misconduct contemplated in section 171 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), corruption or fraud, may not be re-employed in any municipality for a period of ten years.

 

4) Notwithstanding subsection (1), the Minister may prescribe acts of misconduct in respect of which no period need expire before a person may again be employed in any municipality.

 

5) Subject to subsection (1), a decision to employ a person dismissed for misconduct must be taken with due regard to the nature of the misconduct concerned.

 

6) A municipality must maintain a record that contains the prescribed information regarding the disciplinary proceedings of staff members dismissed for misconduct.

 

7) A copy of the record referred to in subsection (6) must be submitted to the MEC for local government on a quarterly basis.

 

8) The MEC for local government must, within 14 days of receipt of the record referred to in subsection (6), submit a copy thereof to the Minister.

 

9) The Minister must maintain a record of all staff members that have-
a) been dismissed for misconduct; or
b) resigned prior to the finalisation of the disciplinary proceedings, which record must be made available to municipalities as prescribed.