72. Regulations and guidelines

  1. The Minister may be subject to applicable labour legislation and after consultation with the bargaining council established for municipalities for the purposes of this Chapter-
    1. make regulations to regulate the following matters;
      1. the procedure to be followed in appealing against decisions taken in terms of delegated powers and the disposal of such appeals;
      2. the suspension of decisions on appeal;
      3. the setting of uniform standards for-
        aa) municipal staff establishments;
        bb) municipal staff systems and procedures and the matters that must be dealt with in such systems and procedures; and
        cc) any other matter concerning municipal personnel administration;
      4. capacity building within municipal administrations;
      5. training of staff members of municipalities, including in-house training, subject to the requirements of the Skills Development Act, 1998 (Act No. 81 of 1998), and the Skills Development Levies Act, 1999 (Act No. 28 of 1999); and
      6. any other matter that may facilitate the application of this Chapter; or
    2. issue guidelines to provide for the following matters;
      1. the establishment of job evaluation systems;
      2. the regulation of remuneration and other conditions of’ service of staff members of municipalities, subject to applicable Iabour legislation;
      3. the measuring and evaluation of staff performance;
      4. the development of remuneration grading and incentive frameworks for staff members of municipalities;
      5. corrective steps in the case of substandard performance by staff members of municipalities;
      6. any other matter that may facilitate the implementation by a municipality of an efficient and effective system of personnel administration.
  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-
    1. take into account the capacity of municipalities to comply with those matters; and
    2. differentiate between different kinds of municipalities according to their respective capacities.
  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-
    1. determine different dates on which different provisions of this Chapter becomes applicable to municipalities;
    2. apply to all municipalities generally;
    3. 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
    4. apply to a specific kind of municipality only. as defined in the notice.
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