MUNICIPAL ADMINISTRATION

(N6)

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Table of Content

Introduction..........................................................................................................3

The Municipal Systems Amendment Act of November 2022..............................3

Key Officials...........................................................................................................5

Municipal Manager...............................................................................................5

Managers accountable to the MM.......................................................................5

External control....................................................................................................6

Code of conduct for public servants.....................................................................6

Conclusion.............................................................................................................8

References............................................................................................................9

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Introduction
This assignment is mainly based on the amendment of municipal systems act which was
established on the 1st of November 2022. The Municipal Systems Act governs the process of
transferring authority and responsibility to local government. For towns to carry out their
allocated rights and tasks, it is crucial to do this. Moreover, it aids in ensuring coordination
across the three branches of government.

The assignment aims to identify the key officials as well as their duties regarding the
amendment act. The key officials are the Municipal Manager (MM) as well as their
appointed Senior manager. It will elaborate on the means of external control which are laws
put in place to govern excessive government expenditure and inefficient government
administration. The assignment will also recognize the code of conduct for public servants
which states that: employees should use the Code of conduct as a reference to understand
what is expected of them in terms of ethics, both personally and in how they interact with
others. It is reasonable to anticipate that adherence to the Code will improve
professionalism and support public service confidence.

The Municipal Systems Amendment Act of November 2022

The Constitutional Court found in South African Municipal Workers' Union v. Minister of Co-
Operative Governance and Traditional Affairs, that Parliament processed the Bill in the
improper way. The Court ordered Parliament to correct this inconsistency by 2019, but
Parliament didn't succeed until May 2022. The Bill was seeking presidential approval at the
time this was written in order to become law (Chigwata & Visser, 2022).

The new Bill has several substantial revisions even though it is otherwise identical to the one
that was enacted in 2011. For instance, it modifies the standards and practices for senior
management appointments in local government. The Law mandates that the appointment
of these managers be under provincial control (Chigwata & Visser, 2022).

The 3rd Amendment to the Local Government: Municipal Systems Act of 2022 seeks to add
and modify some terminology in the Local Government Municipal Systems Act of 2000; by

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establishing additional guidelines for the appointment of municipal managers and managers
who report directly to municipal managers and to outline processes and competency
standards for such appointments. The bill aims to outline the repercussions of appointments
made in violation of such guidelines; and to specify deadlines for the completion of
performance agreements with municipal managers and managers who report directly to
municipal managers; to require that employment contracts and performance agreements
for municipal managers and managers directly accountable to municipal managers be in
compliance with the Act 1and any regulations made by the Minister; to further provide for
the evaluation of municipal managers' performance; to require that all staff systems and
procedures of a municipality be in compliance with uniform standards established by the
Minister;

The Bill specifies that "section 56 managers," those who report directly to the municipal
manager (MM), may be appointed on a permanent basis. This has now been made explicit
even though it has never been forbidden. Because that section 56 managers are frequently
subject to the current political climate, the goal is to give them tenure security. How they
are selected, reprimanded, and removed from government is frequently determined by
politics (Chigwata & Visser, 2022).

They are to regulate the employment of municipal employees who have been fired; to allow
the Minister to make regulations relating to the responsibilities, compensation, benefits,
and other terms and conditions of employment of municipal managers and managers
directly accountable to municipal managers; to mandate the respective municipal councils'
approval of the staffing arrangements for municipalities; to forbid a person from being
employed by a municipality if the position they are appointed to isn't one that's listed in the
organization's personnel; to expand the Minister's authority to issue rules pertaining to
municipal staff issues; to empower the Minister to prescribe frameworks to control human
resource management systems for local government and mandates for organized local
government; to amend the clause addressing the appointment of municipal managers from
the Local Government: Municipal Structures Act, 1998, as a result, and to make provisions
for related issues.

1
The Municipal Systems Amendment Act of November 2022

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Key Officials

Municipal Manager
The leader of the local government is known as the municipal manager. The establishment
and growth of an economical, effective, efficient, and accountable administration is the
responsibility and accountability of the municipal manager, according to the policy
directives of the municipal council. The administration must be capable of carrying out the
municipality's integrated development plan, function in line with the performance
management system, and be receptive to the demands of the neighbourhood, according to
the municipal manager.

In particular, the municipal manager is responsible for making sure that the municipality's
integrated development plan is carried out and monitored, as well as ensuring services are
delivered to nearby areas sustainably. The local community's involvement in municipal
matters must also be encouraged by the municipal manager.

A municipal manager must possess the required knowledge and abilities to carry out the
responsibilities assigned to the position. A municipal manager is required to hold a
bachelor's degree in public administration, political science, law, or a related field and to
have at least five years of senior management experience. Advanced understanding of
pertinent policies, governance frameworks, and performance management, as well as
council duties and authority assignments, audit and risk management, and financial and
budget management, are requirements for municipal managers.

Managers accountable to the MM

They are known as senior managers. According to the municipal system, senior managers
are chosen by the council after consulting with the MM. Senior Managers must possess the
knowledge and abilities necessary to carry out the responsibilities of the position, as well as
a bachelor’s degree or its equivalent in the appropriate subject. The municipality's IDP
determines the managers' responsibilities. Each department, such as Human Resources,
Health, and Tourism, is under their separate control.

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External control
External control is used to stop wasteful government spending and inefficient
administration. The policies of the federal and provincial governments authorize municipal
operations. Municipalities get money from higher authorities in the form of subsidies or
grants, which they might withhold if they don't carry out the required tasks. The national or
provincial department may step in and assume control of the function if the municipality or
executive departments fail to deliver a service.

Processes are established for certain tasks such as the creation of the budget by the council
must be done according to the applicable legislation. The nomination, compensation, and
termination of senior municipal officials are all subject to ministerial approval as required by
law. The general public or a body with jurisdictional authority may also appeal a council
decision. Officials who conduct inspections, such as the Minister of Health, are required to
submit regular reports on their activities to higher authorities.

Code of conduct for public servants

People's environments have an impact on them. Even those with high ethical standards are
susceptible to corruption if unethical behaviour is tolerated. Corrupt or unethical persons
may improve when ethical behaviour is rewarded. So, having a system in place to control
behaviour is essential for every organization (Rossouw, et al., 2006). “The mechanism used
by most organisations in managing behaviour, which has become compulsory in some
countries, is the code of conduct” (Schwartz, 2004). The South African government launched
the South African Code of Conduct and Ethics with the aim of establishing the ground rules
for the public servants and ensuring that they conform to a core set of standards in their
everyday behaviour as public servants.

The primary purpose of the Code is a positive one, viz. to promote exemplary conduct.
Notwithstanding this, an employee shall be guilty of misconduct and may be dealt with in
accordance with the relevant sections of the Act if he or she contravenes any provision of
the Code of Conduct or fails to comply with any provision thereof (Commission, 1997).

Council members are chosen to represent local communities on municipal councils, to

ensure that municipalities have established systems for reporting back to local communities,

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and to meet community priorities by delivering services in a fair, efficient, and sustainable
manner while staying within the municipality's financial capabilities. In carrying out their
duties, council members are responsible to their constituents and are required to update
them on council business, including how the municipality is performing in relation to
predetermined indicators, at least once every three months. The following Code of Conduct
is established in order to make sure council members uphold their duties to their
communities and aid the municipality in achieving its goals as outlined in section 19 of the
Municipal Structures Act.

A councillor shall exercise the tasks of office in good faith, honestly in a transparent manner;
and always act in the best interest of the municipality and in such a way that the credibility
and integrity of the municipality are not compromised. Council members are expected to
attend every meeting of the municipal council and of any committees they serve on, unless
they are given a leave of absence under the terms of a relevant law or in accordance with
the rules and orders of the council, or they are required to leave the meeting under the
terms of this Code.

A municipal council may impose a fine on a councillor for: not attending a meeting; for being
absent from three or more consecutive sessions of a municipal council, or from three or
more consecutive meetings of a committee, each local council must establish a unified
standing process for the purposes of this item before proceeding with proceedings to
impose a fine or remove a council member. The universal standing procedure must comply
with the standards of natural justice. A councillor may not use the position or privileges of a
councillor, or confidential information received as a councillor, for private gain or to
unlawfully benefit another person. Unless with the previous approval of the local council.

Any direct or indirect personal or private business interest that a council member, or a
spouse, partner, or other business associate of that council member, may have in any
matter before the municipal council or any committee of which the council member is a
member, may be disclosed to the council or committee, and the councillor must withdraw
from the proceedings of the council or committee when that matter is considered by the
council or committee, unless the council or committee decides otherwise.

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A council member who has received or will receive any direct benefit from a contract they
have with the municipality, or whose spouse, partner, business associate, or close family
member has, is required to disclose all relevant information. At the first municipal council
meeting where it is possible for the councillor to disclose the benefit, a councillor who, or
whose spouse, partner, business associate, or close family member, acquired or stands to
acquire any direct benefit from a contract concluded with the municipality, must do so.

Any property or asset that is owned, controlled, or managed by the municipality and to
which a councillor does not have a right cannot be used, taken, or profited from by that
councillor. They should not exert undue influence in order to request gifts and favours from
the council. Without first obtaining permission from the municipal council or a committee,
councillors are prohibited from disclosing privileged or confidential information. They may
not vote in the council's elections. not fall behind on service charges for more than three
months. A councillor must report any violation of this code to a superior and not engage in
any behaviour that would be considered intimate harassment (Department of Environment,
2022).

Conclusion
In summary, it is seen that municipalities are the branch of government that is closest to the
people, the Municipal Systems Act should work to create a culture of municipal governance
that combines formal representative government with a system of participatory
governance. They have authority and responsibilities that have a direct impact on how local
communities grow and how local individuals live their everyday lives. Therefore, the act aids
in establishing a set of rules that governs its officials and works in the best interest of the
public and that of the municipality, by adopting laws and means of control.

Total word count excluding table of content, references and cover page: 2042

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References
Chigwata, T. C. & Visser, J. d., 2022. Municipal Systems Amendment of 2022: Will it
depoliticise municipal administration?. Local Government Bulletin , 17(2).
Commission, P. S., 1997. Code of Conduct for Public Servants. GOVERNMENT
NOTICE/GAZETTE: Regulation Gazette 5947, Issue No. R. 825.
Department of Environment, F. a. F., 2022. Schedule 1: Code of conduct for councillors.
[Online]
Available at: http://iwmp.environment.gov.za/book/export/html/366
Rossouw, D. P. M., Burger, M., du Plessis, C. & van Zyl, M., 2006. Ethics for accountants
and auditors. Revised edition ed. Capetown: Oxford University Press.
Schwartz, M., 2004. Effective corporate codes of ethics: perceptions of code users.. Journal
of Business Ethics, 55(1), pp. 323-343.

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