Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)
Notice No. 1187 of 2000
Act
Preamble
Chapter 1 : Interpretation
1. Definitions
Chapter 2 : Legal Nature and Rights and Duties of Municipalities
2. Legal nature
3. Co-operative government
4. Rights and duties of municipal councils
5. Rights and duties of members of local community
6. Duties of municipal administrations
7. Exercise of rights and performance of duties
Chapter 3 : Municipal Functions and Powers
8. General empowerment
9. Assignment of functions or powers to municipalities generally by Acts of Parliament or provincial Acts
10. Assignment of functions or powers to specific municipalities by acts of executive or by agreement
10A. Funding and capacity building
11. Executive and legislative authority
12. Legislative procedures
13. Publication of by-laws
14. Standard draft by-laws
15. Municipal code
Chapter 4 : Community Participation
16. Development of culture of of community participation
17. Mechanisms, processes and procedures for community participation
18. Communication of information concerning community participation
19. Public notice of meetings of municipal councils
20. Admission of public to meetings
21. Communications to local community
21A. Documents to be made public
21B. Official website
22. Regulations and guidelines
Chapter 5 : Integrated Development Planning
Part 1 : General
23. Municipal planning to be developmentally oriented
24. Municipal planning in co-operative government
25. Adoption of integrated development plans
Part 2 : Contents of integrated development plans
26. Core components of integrated development plans
Part 3 : Process for planning, drafting, adopting and review of integrated development plans
27. Framework for integrated development planning
28. Adoption of process
29. Process to be followed
30. Management of drafting process
31. Provincial monitoring and support
32. Copy of integrated development plan to be submitted to MEC for local government
33. Ad hoc committees
34. Annual review and amendment of integrated development plan
Part 4 : Miscellaneous
35. Status of integrated development plan
36. Municipality to give effect to integrated development plan
37. Regulations and guidelines
Chapter 6 : Performance Management
38. Establishment of performance management system
39. Development of performance management system
40. Monitoring and review of performance management system
41. Core components
42. Community involvement
43. General key performance indicators
44. Notification of key performance indicators and performance targets
45. Audit of performance measurements
46. Annual performance reports
47. Reports by MEC
48. Reports by Minister
49. Regulations and guidelines
Chapter 7 : Local Public Administration and Human Resources
Part 1 : Basic principles
50. Basic values and principles governing local public administration
51. Organisation of administration
52. Inconsistency with applicable labour legislation
Part 2 : Political structures, political office bearers and roles
53. Roles and responsibilities
54. Code of Conduct for councillors
54A. Appointment of municipal managers and acting municipal managers
55. Municipal managers
56. Appointment of managers directly accountable to municipal managers
56A. Limitation of political rights of municipal managers
57. Employment contracts for municipal managers and managers directly accountable to municipal managers
57A. Employment of dismissed staff and record of disciplinary proceedings
58. [Repealed] Remuneration of municipal managers and managers directly accountable to municipal manager
Part 3 : Delegation system
59. Delegations
60. Certain delegations restricted to to executive committees or executive mayors
61. Referral of matters to delegating authorities for decision
62. Appeals
63. Duty to report to delegating authorities
64. Withdrawal, amendment or lapsing of delegation or subdelegation
65. Review of delegations
Part 4 : Staff matters
66. Staff establishments
67. Human resource development
68. Capacity building
69. Code of Conduct for municipal staff members
70. Code of Conduct to be provided to staff members and communicated to local community
71. Bargaining council agreement
71A. Participation of staff members in elections
71B. Limitation of political rights
Part 5 : Miscellaneous
72. Regulations and guidelines
Chapter 8 : Municipal Services
73. General duty
Part 1 : Service tariffs
74. Tariff policy
75. By-laws to give effect to policy
75A. General power to levy and recover fees, charges and tariffs
Part 2 : Provision of service
76. Mechanism for provision of services
77. Occasions when municipalities must review and decide on mechanisms to provide municipal services
78. Criteria and process for deciding on mechanisms to provide municipal services
79. Provision of services by municipality through internal mechanisms
80. Provision of services through services through service delivery agreements with external mechanisms
81. Responsibilities of municipalities when providing services through service delivery agreements with external mechanisms
82. [Repealed] Municipal entities
Part 3 : Service delivery agreements involving competitive bidding
83. Competitive bidding
84. Negotiation and agreement with prospective service provider
Part 4 : Internal municipal service districts
85. Establishment of internal municipal service districts
86. Policy framework for internal municipal service district
Part 4A : Regulations and guidelines regarding municipal services
86A. Regulations and guidelines regarding municipal services
Chapter 8A : Municipalities Entities
Part 1 : General provisions
86B. Kinds of municipal entities
Part 2 : Private companies
86C. Establishment and acquisition of private companies
86D. Legal status of private companies established by municipalities or in which municipalities hold interests
86E. Conditions precedent for establishing or acquiring interests in private companies
86F. Conditions precedent for co-owning of private companies
86G. Disposal of companies and equity interests in companies
Part 3 : Service utilities
86H. Establishment
86I. Legal status of service utilities
86J. Conditions precedent for establishing service utilities
86K. Disestablishment of service utilities
Part 4 : Multi-jurisdictional service utilities
87. Establishment of multi-jurisdictional service utilities
88. Minister requesting establishment of multi-jurisdictional service utilities
89. Contents of agreements establishing multi-jurisdictional service utilities
90. Legal status of multi-jurisdictional service utilities
91. [Repealed] Legal status of governing bodies
92. Control of multi-jurisdictional service utilities
93. Termination of multi-jurisdictional service utilities
Part 5 : Duties and responsibilities of parent municipalities
93A. Duties of parent municipalities with respect to municipal entities
93B. Parent municipalities having sole control
93C. Parent municipalities having shared control
93D. Municipal representatives
Part 6 : Governance of municipal entities
93E. Appointment of directors
93F. Disqualifications
93G. Removal or recall of directors
93H. Duties of directors
93I. Meetings of board of directors
93J. Appointment of chief executive officer
Part 7 : General
93K. Establishment of and acquisition of interests in corporate bodies disallowed
93L. Code of Conduct for directors and members of staff of municipal entity
94. [Repealed] Regulations and guidelines
Chapter 9 : Credit Control and Debt Collection
95. Customer care and management
96. Debt collection responsibility of municipalities
97. Contents of policy
98. By-laws to give effect to policy
99. Supervision authority
100. Implementing authority
101. Municipality's right of access to premises
102. Accounts
103. Agreements with employers
104. Regulations and guidelines
Chapter 10 : Provincial and National Monitoring and Standard Setting
Part 1 : Provincial monitoring
105. Provincial monitoring of municipalities
106. Non-performance and maladministration
Part 2 : National monitoring and standard setting
107. Furnishing of information
108. Essential national and minimum standards
Chapter 11 : Legal Matters
109. Legal proceedings
109A. Legal representation for employees or councillors of municipality
110. Certain certificates to be evidence
111. Copy of Provincial Gazette as evidence
112. Prosecution of offences
113. Fines and bail
114. Time of notices and payments
115. Service of documents and process
116. Public servitudes
117. Custody of documents
118. Restraint on transfer of property
Chapter 12 : Miscellaneous
119. Offences and penalties
120. Regulations and guidelines
121. Amendment of legislation
122. Transitional arrangements
123. Phasing in of certain provisions of this Act
124. Short title and commencement
Schedules
Schedule 1 : Code of Conduct for Councillors
Preamble
1. Definitions
2. General conduct of councillors
2A. Voting at meetings
3. Attendance at meetings
4. Sanctions for non-attendance of meetings
5. Disclosure of interests
6. Personal gain
7. Declaration of interests
8. Full-time councillors
9. Rewards, gifts and favours
10. Unauthorised disclosure of information
11. Intervention in administration
12. Council property
12A. Councillor in arrears
13. Duty of chairpersons of municipal councils
14. Breaches of Code
15. Application of Code to traditional leaders
Schedule 2 : Code of Conduct for Municipal ...
1. Definitions
2. General conduct
3. Commitment to serving the public interest
4. Personal gain
5. Disclosure of benefits
5A. Declaration of interests
6. Unauthorised disclosure of information
7. Undue influence
8. Rewards, gifts and favours
9. Council property
10. Payment of arrears
11. Participation in elections
12. Sexual harassment
13. Reporting duty of staff members
14. Breaches of Code
14A. Disciplinary steps
Schedule 3 : Legislation Amended
Legislation Amended
Notices
Upper Limits of Total Remuneration Packages Payable to Municipal Managers and Managers Directly Accountable to Municipal Managers
Notice No. 1092 of 2017
Preamble
1. Definitions
2. Allocation of number of points for total municipal income
3. Allocation of number of points for total population
4. Allocation of number of points for total municipal equitable share
5. Determination of categorisation of municipality
6. Change of categorisation of municipality
7. Annual total remuneration packages of municipal managers
8. Annual total remuneration packages of managers directly accountable to municipal managers
9. Offer of remuneration on appointment
10. Payment of remote allowance
11. Overpayment and underpayment
12. Information to be submitted to the Minister
13. Transitional provisions
Upper Limits of Total Remuneration Packages Payable to Municipal Managers and Managers directly accountable to Municipal Managers
Notice No. 351 of 2020
Preamble
1. Definitions
2. Allocation of number of points for total municipal income
3. Allocation of number of points for total population
4. Allocation of numbr of points for total municipal equitable share
5. Determination of categorisation of municipality
6. Change of categorisation of municipality
7. Annual total remuneration packages of municipal managers
8. Annual total remuneration packages of managers directly accountable to municipal managers
9. Offer of remuneration on appointment
10. Payment of remote allowance
11. Overpayment and underpayment
12. Information to be submitted to the Minister
13. Transitional provisions
14. Short title and commencement
[Replaced] Upper Limits of Total Remuneration Packages Payable to Municipal Managers and Managers directly accountable to Municipal Managers
Notice No. 1912 of 2022
[Replaced] Upper Limits of Total Remuneration Packages Payable to Municipal Managers and Managers directly accountable to Municipal Managers
Notice No. 2760 of 2022
Preamble
1. Definitions
2. Allocation of number of points for total municipal income
3. Allocation of number of points for total population
4. Allocation of number of points for total municipal equitable share
5. Determination of categorisation of municipality
6. Change of categorisation of municipality
7. Annual total remuneration packages of municipal managers
8. Annual total remuneration packages of managers directly accountable to municipal managers
9. Non-pensionable cash gratuity
10. Offer of remuneration on appointment
11. Payment of remote allowance
12. Overpayment and underpayment
13. Furnishing of information to Minister
14. Transitional provisions
15. Short title and commencement
[Replaced] Upper Limits of Total Remuneration Packages Payable to Municipal Managers and Managers Directly Accountable to Municipal Managers
Notice No. 3541 of 2023
Preamble
1. Definitions
2. Allocation of number of points for total municipal income
3. Allocation of number of points for total population
4. Allocation of number of points for total municipal equitable share
5. Determination of categorisation of municipality
6. Change of categorisation of municipality
7. Annual total remuneration packages of municipal managers
8. Annual total remuneration packages of managers directly accountable to municipal managers
9. Non-perishable cash gratuity
10. Offer of remuneration on appointment
11. Payment of remote allowance
12. Overpayment and underpayment
13. Furnishing of information to Minister
14. Transitional provisions
15. Short title and commencement
Upper Limits of Total Remuneration Packages Payable to Municipal Managers and Managers Directly Accountable to Municipal Managers
Notice No. 4897 of 2024
Preamble
1. Definitions
2. Allocation of number of points for total municipal income
3. Allocation of number of points for total population
4. Allocation of number of points for total municipal equitable share
5. Determination of categorisation of municipality
6. Change of categorisation of municipality
7. Annual total remuneration packages of municipal managers
8. Annual total remuneration packages of managers directly accountable to municipal managers
9. Non-pensionable cash gratuity
10. Offer of remuneration on appointment
11. Payment of remote allowance
12. Overpayment and underpayment
13. Furnishing of information to Minister
14. Transitional provisions
15. Short title and commencement
Proclamations
Commencement of the Local Government: Municipal Systems Amendment Act, 2022 (Act No. 3 of 2022)
Proclamation Notice 92 of 2022
Regulations
Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers
Notice No. 21 of 2014
Chapter 1 : Interpretation and Application
1. Definitions
2. Scope of application
Chapter 2 : Staff Establishment
3. Human resource planning
4. Staff establishment
5. Creation and filling of senior manager posts
Chapter 3 : Recruitment, Selection and Appointment
6. Principles of recruitment
7. Determination of recruitment needs
8. General requirements for appointment of senior managers
9. Competence requirements for senior managers
10. Advertising of vacant posts
11. Application of vacant posts
12. Selection panel
13. Compiling shortlist of applicants
14. Screening of candidates
15. Interviews
16. Selection
17. Resolution of municipal council on appointment of senior managers and reporting
18. Re-employment of dismissed persons
19. Re-advertisement of posts
20. Secondment
Chapter 4 : Conditions of Employment
21. Ordinary hours of work
22. Overtime
23. Annual leave
24. Sick leave
25. Proof of sickness or injury
26. Occupational accidents and diseases
27. Reporting sickness or injury
28. Sickness or injury during leave
29. Maternity leave
30. Family responsibility leave
31. Study leave
32. Special leave
33. Unauthorised absence from work
34. Calculation of unpaid leave
35. Upper limit of total remuneration package of senior managers
36. Disclosure of benefits and interests
Chapter 5 : Benefits
37. Retirement or pension fund membership
38. Medical scheme membership
39. Motor vehicle
40. Mobile phone and data card
Chapter 6 : Termination of Service
41. Retirement
42. Notice of termination
43. Dismissal for misconduct, incapacity or operational requirements
44. Nomination of beneficiaries and payment of accruing benefits
Chapter 7 : General
45. Transitional arrangements
46. Repeal
47. Short title
Schedule 2 : Categories of Misconduct and Time Periods that must expire before a person may be re-employed in a Municipality
Annexures
Annexure A : Local Government: Competency Framework for Senior Managers
Annexure B : Minimum Competency Requirements for Senior Managers
Annexure C : Applicable Form for Employment
Annexure D : Declaration of Confidentiality for Participating in the Selection Panel
Annexure E : Application Form for Leave of Absence
Annexure F : Disclosure Form for Benefits and Interests