Part 4: Staff matters

66. Staff establishments

  1. A municipal manager, within a policy framework determined by the municipal council and subject to any applicable legislation, must-
    1. approve a staff establishment for the municipality;
    2. provide a job description for each post on the staff establishment;
    3. attach to those posts the remuneration and other conditions of service as may be determined in accordance with any applicable labour legislation; and
    4. establish a processor 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 service regulated by employment contracts referred to in section 57.

67. Human resource development

  1. A municipality, in accordance with the Employment Equity Act, 1998, must develop and adopt appropriate systems and procedures to ensure fair, efficient, effective and transparent personnel administration, including-
    1. the recruitment, selection and appointment of persons as staff members;
    2. service conditions of staff;
    3. the supervision and management of staff;
    4. the monitoring, measuring and evaluating of performance of staff;
    5. the promotion and demotion of staff;
    6. the transfer of staff;
    7. grievance procedures;
    8. disciplinary procedures;
    9. the Investigation of allegations of misconduct and complaints against staff;
    10. the dismissal and retrenchment of staff; and
    11. any other matter prescribed by regulation in terms of section 72.
  2. Systems and procedures adopted in terms of subsection (1), to the extent that they deal with matters falling under applicable labour legislation and affecting the rights and interests of staff members, must be consistent with such legislation.
  3. Systems and procedures adopted in terms of subsection (1), apply to a person referred to in section 57 except to the extent that they are inconsistent with that person's employment contract.
  4. The municipal manager must-
    1. ensure that every staff member and every relevant representative trade union has easy access to a copy of these staff systems and procedures, including any amendments;
    2. on written request by a staff member, make a copy of or extract from these staff systems and procedures, including any amendments, available to that staff member; and
    3. ensure that the purpose, contents and consequences of these staff systems and procedures are explained to staff members who cannot read.

68. Capacity building

  1. A municipality must develop its human resource capacity to a level that enables it to perform its functions and exercise its powers in an economical, effective, efficient and accountable way, and for this purpose must comply with the Skills Development Act, 1998 (Act No. 81 of 1998), and the Skills Development Levies Act, 20 1999 (Act No. 28 of 1999).
  2. A municipality may in addition to any provision for a training levy in terms of the Skills Development Levies Act, 1999, make provision in its budget for the development and implementation of training programmed.
  3. A municipality which does not have the financial means to provide funds for training programmed in addition to the levy payable in terms of the Skills Development Levies Act, 1999, may apply to the Sector Education and Training Authority for local government established in terms of the Skills Development Act, 1998, for such funds.

69. Code of conduct for municipal staff members

The Code of Conduct contained in Schedule 2 applies to every staff member of a municipality.

70. Code of conduct to be provided to staff members and communicated to local community

  1. The municipal manager of a municipality must-
    1. provide a copy of the Code of Conduct to every member of the staff of the municipality; and
    2. provide every staff member with any amendment of the Code of Conduct.
  2. The municipal manager must-
    1. ensure that the purpose, contents and consequences of the Code of Conduct are explained to staff members who cannot read; and
    2. communicate sections of the Code of Conduct that affect the public to the local community.

71. Bargaining council agreements

Municipalities must comply with any collective agreements concluded by organised local government within its mandate on behalf of local government in the bargaining council established for municipalities.