Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 7 : Local Public Administration and Human ResourcesPart 4 : Staff matters66. Staff establishments |
| (1) | A municipal manager, within a policy framework determined by the municipal council and subject to any applicable legislation, must— |
| (a) | develop a staff establishment for the municipality, and submit the staff establishment to the municipal council for approval; |
[Section 66(1)(a) substituted by section 6(a) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022
| (b) | provide a job description for each post on the staff establishment; |
| (c) | attach to those posts the remuneration and other conditions of service as may be determined in accordance with any applicable labour legislation; and |
| (d) | establish a process or mechanism to regularly evaluate the staff establishment and, if necessary, review the staff establishment and the remuneration and conditions of service. |
| (2) | Subsection (1)(c) and (d) do not apply to remuneration and conditions of servile regulated by employment contracts referred to in section 57. |
| (3) | No person may be employed in a municipality unless the post to which he or she is appointed, is provided for in the staff establishment of that municipality. |
[Section 66(3) substituted by section 6(b) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022
| (4) | A decision to employ a person in a municipality, and any contract concluded between the municipality and that person in consequence of the decision, is null and void if the appointment was made in contravention of subsection (3). |
[Section 66(4) substituted by section 6(b) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022
| (5) | Any person who takes a decision contemplated in subsection (4), knowing that the decision is in contravention of subsection (3), may be held personally liable for any irregular or fruitless and wasteful expenditure that the municipality may incur as a result of the invalid decision. |
[Section 66(5) substituted by section 6(b) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022