Tulbagh
VIP Motions to Council set No. 8




VIP Motion set no. 8

VIP - Voice of Independents Party
P O Box 10, Tulbagh, 6820
Tel. 023 230 2696
Fax to Email 086 665 9232

10 March, 2012

The Speaker
Witzenberg Municipality
P O Box 44. Ceres, 6835
Motions tabled by the VIP - Voice of Independents Party Set no. 8
Urgent request to be tabled at the first forthcoming meeting of the Municipal Council.


1.     The VIP makes an URGENT motion that the decision to extend the contacts of the Municipal Manager, Mr. D Nasson and the Director of Corporate Finance, Mr. Mpeluza for a further period of 5 (five) years be rescinded as being unlawful and therefore null and void in terms of Section 54 A of the Principal Act 32 of 2000 as amended by Act No.7 of 2011: Local Government: Municipal Systems Amendment Act, 2011.

2.     In providing supporting motivation in respect of this Motion, we publish extracts of the Act pertaining to Employment of Municipal Managers and those `Managers directly responsible to the Municipal Manager below for information.

3.     The VIP further is concerned that the above Contracts are in contravention of the above Act and as such, considers that Council has been mislead in that the recommendation by the Executive Mayoral Committee Chaired by the Mayor, has mislead Council by referring to the Principal Act but not the amendment to the Act (No. 7 of 2011).

4.     The VIP reaffirms its position that BOTH positions should be advertised nationally and that no such contracts may be extended for a period of 5 years and alternatively be set at 12 months after the expiry of the present Council's tenure. It has to either one or the other in any event?

5.     The VIP further maintains the position that if this resolution stands, it intends to refer the matter to the MEC for Local Government to act under his authority in terms of the ACT to rectify this decision or to determine an interim solution,
Clr. John Veschini
VIP - Voice of Independents Party

Insertion of section 54 A in Act 32 of 2000
2. The following section is hereby inserted in the principal Act after section 54: 15
''Appointment of municipal managers and acting municipal managers
54A. (I) The municipal council must appoint-
(a) a municipal manager as head of the administration of the municipality;
or
(b) an acting municipal manager under circumstances and for a period as 20
prescribed.
(2) A person appointed as municipal manager in terms of subsection (I)
must at least have the skills, expertise, competencies and qualifications as
prescribed.
(2A) (a) A person appointed in terms of subsection (l)(b) may 25
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. 30
(3) A decision to appoint a person as municipal manager, and any
contract concluded between the municipality 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 35
(b) the appointment was otherwise made in contravention of this Act.
(4) If the post of municipal manager becomes vacant, the municipality
must-
( a) advertise the post nationally to attract a pool of candidates nationwide;
and 40
(b) select from the pool of candidates a suitable person who complies with
the prescribed requirements for appointment to the post.
(5) The municipality must re-advertise the post if there is no suitable
candidate who complies with the prescribed requirements.
(6) (a) The municipality may request the MEC for local government to 45
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 50
paragraph (a), the municipality 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 municipality must, within 14 days, inform the MEC for local
government of the appointment process and outcome, as may be prescribed. 55
6 No. 34433
Act No.7 of 2O11
GOVERNMENT GAZETTE, 5 JULY 2011
LOCAL GOVERNMENT: MUNICIPAL SYSTEMS
AMENDMENT ACT, 2011
(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 5
the information provided for in subsection (7), take appropriate steps to
enforce compliance by the municipality 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 municipality.
(9) Where an MEC for local government fails to take appropriate steps 10
referred to in subsection (8), the Minister may take the steps contemplated
in that subsection.
(1 0) A municipality 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. 15
( 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 20
this section after it took effect.".
Substitution of section 56 of Act 32 of 2000
3. The following section is hereby substituted for section 56 of the principal Act:
"Appointment of managers directly accountable to municipal
managers
56, (1) (a) A municipal council, after consultation with the municipal
manager, must appoint-
(i) a manager directly accountable to the municipal manager; or
(ii) an acting manager directly accountable to the municipal manager
25
under circumstances and for a period as prescribed. 30
(h) A person appointed in terms of paragraph (a)(i) must at least have the
skills, expertise, competencies and qualifications as prescribed.
(c) A person appointed in terms of paragraph ( a)(ii) may not be appointed
to act for a period that exceeds three months: Provided that a municipal
council may, in special circumstances and on good cause shown, apply in 35
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.
(2) A decision to appoint a person referred to in subsection (l)(a)(ii), and
any contract concluded between the municipality and that person in 40
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,
unless the Minister, in terms of subsection (6), has waived any of the 45
requirements listed in subsection (l)(b).
(3) If a post referred to in subsection (l)(a)(i) becomes vacant, the
municipal council must-
( a) advertise the post nationally to attract a pool of candidates nationwide;
and 50
(b) select from the pool of candidates a suitable person who complies with
the prescribed requirements for appointment to the post.
8 No. 34433
Act No.7 of2011
GOVERNMENT GAZETTE, 5 JULY 2011
LOCAL GOVERNMENT MUNICIPAL SYSTEMS
AMENDMENT ACT, 2011
(4) The municipal council must re-advertise the post if there is no
suitable candidate who complies with the prescribed requirements.
(4A) (a) The municipal council must, within 14 days of the date of
appointment, inform the MEC for local government of the appointment
process and outcome, as may be prescribed. 5
(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.
(5) If a person is appointed to a post referred to in subsection (!)(a) in
contravention of this Act, the MEC for local government must, within 14 lO
days of becoming aware of such appointment, take appropriate steps to
enforce compliance by the municipality with this Act, which steps may
include an application to a court for a declaratory order on the validity of
the appointment or any other legal action against the municipality.
(6) A municipality may, in special circumstances and on good cause 15
shown, apply in writing to the Minister to waive any of the requirements
listed in subsection (I )(b) if it is unable to attract suitable candidates.
(7) A person appointed in a permanent capacity as a manager directly
accountable to the municipal manager when this section takes effect, must
be regarded as having been appointed in accordance with this section. 20
(8) A person appointed as an acting manager directly accountable to the
municipal manager when this section takes effect, must be regarded as
having been appointed in accordance with this section only for the period of
the acting appointment.
(9) Any pending legal or disciplinary action in connection with an 25
appointment made before this section took effect, will not be affected by
this section after it took effect.".
Substitution of word in section 54 A and section 56
4. The principal Act is hereby amended by the substitution, in section 54 A and section
56, for the word "municipality", wherever it occurs, of the words "municipal council". 30
Insertion of section 56A in Act 32 of 2000
5. The following section is hereby inserted in the principal Act atier section 56:
"Limitation of political rights of municipal managers and managers
directly accountable to municipal managers
56A. (I) A municipal manager or manager directly accountable to a 35
municipal manager may not hold political office in a political party, whether
in a permanent, temporary or acting capacity.
(2) This section does not apply to a person appointed as municipal
manager or a manager directly accountable to the municipal manager when
subsection (l) takes effect.". 40
Amendment of section 57 of Act 32 of 2000
6. (I) Section 57 of the principal Act is hereby amended-
( a) by the substitution for paragraph (a) of subsection (2) of the following
paragraph:
"(a) ill be concluded within [a reasonable time] 60 days after a 45
person has Etc.