Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)RegulationsLocal Government: Regulations on Appointment and Conditions of Employment of Senior ManagersChapter 3 : Recruitment, Selection and Appointment18. Re-employment of dismissed persons |
| (1) | A person who has been dismissed for misconduct in a municipality may not be employed as a senior manager in any municipality before the expiry of a period, as set out in column 3, in respect of such category of misconduct as set out in column 2 of Schedule 2. |
| (2) | Subregulation (1) does not apply to a senior manager who has lodged a dispute in terms of applicable legislation. |
| (3) | If a senior manager is dismissed for more than one categories of misconduct as set out in subregulation (1), the periods set out in column 3 of the table attached as Schedule 2, run concurrently. |
| (4) | For purposes of subregulation (1), a person dismissed for misconduct is prohibited from re-employment in any municipality for a period as set out in column 3 of Schedule 2 in respect of such category of misconduct calculated from the date of dismissal or conviction. |
| (5) | Any senior manager who has been dismissed for any misconduct other than the categories of misconduct as set out in column 2 of the table as Schedule 2 may not be subjected to a waiting period before such a staff member may be re-employed in a municipality; |
| (6) | A municipality must maintain a record of staff members dismissed for misconduct and staff members who resigned prior to the finalisation of any disciplinary proceedings. |
| (7) | A record contemplated in subregulation (6) must be submitted within 14 days of such dismissal or resignation to the MEC for local government and the Minister. |
| (8) | The record contemplated in subregulation (6) must include the following information: |
| (a) | The name and surname of the staff member; |
| (b) | the name of municipality; |
| (c) | the post title; and |
| (d) | the nature of the misconduct, including— |
| (i) | the date of suspension, if applicable; |
| (ii) | the conditions of suspension' |
| (iii) | the date of commencement of the disciplinary hearing; |
| (iv) | information regarding any pre-dismissal arbitration; |
| (v) | the finding and category of misconduct; |
| (vi) | the date on which the misconduct was referred for arbitration; |
| (vii) | costs incurred by the municipality towards the finalisation of the disciplinary case; |
| (viii) | the date of resignation or dismissal of the senior manager; and |
| (ix) | whether the dismissal has been appealed and the status of the appeal, if applicable. |