| (1) | The Minister may, subject to applicable labour legislation and after consultation with the bargaining council established for municipalities and the Minister for the Public Service and Administration, for the purposes of this Chapter make regulations or issue guidelines in accordance with section 120 to regulate or provide for the following matters: |
| (a) | the procedure to be followed in appealing against decisions taken in terms of delegated powers and the disposal of such appeals; |
| (b) | the suspension of decisions on appeal; |
| (c) | the setting of uniform standards for— |
| (i) | municipal staff establishments; |
| (ii) | municipal staff systems and procedures referred to in section 67(1) and the matters that must be dealt with in such systems and procedures, including— |
| (bb) | termination of service; and |
[Section 72(1)(c)(ii) substituted by section 10(a) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
| (iii) | any other matter concerning municipal personnel administration; |
| (d) | capacity building within municipal administrations; |
| (e) | training, competency and skills development of staff members of municipalities, including in-house training, subject to the requirements of the Skills Development Act, 1998 (Act No. 81 of 1998), the Skills Development Levies Act, 1999 (Act No. 28 of 1999), and the Municipal Finance Management Act; |
[Section 72(1)(e) substituted by section 10(b) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
| (f) | the establishment of job evaluation systems; |
| (g) | the regulation of remuneration and other conditions of service of staff members of municipalities, subject to applicable labour legislation; |
| (gA) | subject to applicable labour legislation, the regulation of medical aid and pension, after consultation with the Minister of Health and the Minister of Finance; |
[Section 72(1)(gA) substituted by section 10(c) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
| (gB) | the level of skills, expertise and competency that municipal managers and managers directly accountable to municipal managers must have; |
[Section 72(1)(gB) substituted by section 10(c) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
| (gC) | prohibiting the performance of remunerative work outside the municipality; |
[Section 72(1)(gC) substituted by section 10(c) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
| (h) | the measuring and evaluation of staff performance; |
| (i) | the development of remuneration grading and incentive frameworks for staff members of municipalities; |
| (j) | notwithstanding section 67(1)(h), the Minister may make regulations to provide for a disciplinary code and procedures for municipal managers and managers directly accountable to the municipal managers; |
| (k) | corrective steps in the case of substandard performance by staff members of municipalities; and |
| (l) | any other matter that may facilitate the implementation by a municipality of an efficient and effective system of personnel administration. |
[Section 72(1) substituted by section 15 of Act No. 19 of 2008]
| (2) | When making regulations or issuing guidelines in terms of section 120 to provide for or to regulate the matters mentioned in subsection (1) of this section, the Minister must — |
| (a) | take into account the capacity of municipalities to comply with those matters; |
[Section 72(2)(a) substituted by section 10(d) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
| (b) | differentiate between different kinds of municipalities according to their respective capacities; and |
[Section 72(2)(b) substituted by section 10(e) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
| (c) | when necessary, differentiate between different categories of municipal staff members. |
[Section 72(2)(c) substituted by section 10(f) of Local Government-Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022) by Notice No. 1233, GG46740, dated 17 August 2022]
| (2A) | The Minister may, subject to applicable labour legislation and after consultation with the Minister for Public Service and Administration, make regulations relating to the duties, remuneration, benefits and other terms and conditions of employment of municipal managers and managers directly accountable to municipal managers. |
[Section 72(2A) inserted by section 11(g) of Act No. 7 of 2011]
| (3) | The Minister, by notice in the Gazette, may phase in the application of the provisions of this Chapter which place a financial or administrative burden on municipalities. |
| (4) | A notice in terms of subsection (3) may— |
| (a) | determine different dates on which different provisions of this Chapter becomes applicable to municipalities; |
| (b) | apply to all municipalities generally; |
| (c) | differentiate between different kinds of municipalities which may, for the purpose of the phasing in of the relevant provisions, be defined in the notice in relation to categories or types of municipalities or in any other way, or |
| (d) | apply to a specific kind of municipality only, as defined in the notice. |
