presentation on: regulations delaing with disciplinary...

PRESENTATION ON:

REGULATIONS DELAING WITH DISCIPLINARY PROCEDURES

FOR MUNICIPAL MANAGERS & S56 MANAGERS

Jean Venter

•1 Developing and Sustaining excellence in local government management

•2 Developing and Sustaining excellence in local government management

Presentation Outline:

• Establish a common & uniform code for the

management of misconduct.

• Support contructive labour relations.

• Promote mutual respect between senior

managers & council.

• Ensure a common understanding of misconduct

& discipline.

•3 Developing and Sustaining excellence in local government management

Intention of the Regulations

• Promote acceptable conduct.

• Promote acceptable conduct.

• Provide an internal mechanism for & easy management of disciplinary measures.

• Avert & correct unacceptable conduct.

• Prevent arbitrary/ discriminatory actions by employing municipalities towards senior managers.

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Intention of the Regulations

cont…

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Principles

1. Discipline is:

a. Fundamentally a corrective measure, not

punitive.

a. Must be applied in a prompt, fair,

consistent & progressive manner.

•6 Developing and Sustaining excellence in local government management

Principles cont…

2. Ensure that Senior Managers:

a. Have a fair hearing in a formal/ informal

setting;

b. Are timeously informed of allegations of

misconduct made against them;

c. Receive written reasons for any advers

decisions taken;

d. Have the right to appeal by lodging a

dispute

•7 Developing and Sustaining excellence in local government management

Principles

cont… 3. A Disciplinary Hearing Must:

a. Take place in the area of jurisdiction of

the municipal council;

b. Be understandable to all senior

managers;

c. Be concluded within the shortest

possible time.

•8 Developing and Sustaining excellence in local government management

Disciplinary Actions

Corrective Counselling;

Verbal Warnings;

Written Warnings;

Final Written Warnings;

•9 Developing and Sustaining excellence in local government management

Precautionary Suspension

The senior manager must be given an opportunity

to make written representation to the council on

why she/ he should not be suspended.

The council must consider any representation

within 7 days.

In exceptional circumstances, by written notice,

the mayor may suspend a senior manager however:

- the mayor must table a report which must be

ratified by council, failing which the suspension must

be lifted immediately.

•10 Developing and Sustaining excellence in local government management

Precautionary Suspension

cont… The Council Must:

i. Inform the senior manager in writing of

the reasons for suspension either at the

time of suspension or within 24 hours;

ii. Inform the minister for local

government in that province of such

suspension/ extension of period of

suspension and the reasons thereof

within 7 days.

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Precautionary Suspension

cont…

Following the suspension, a disciplinary

hearing must commence within 60 days,

failing which the suspension will

automatically lapse and the senior

manager must immediately resume his/

her duties.

•12 Developing and Sustaining excellence in local government management

Shortcomings

Regulations are silent on recourse for

Section 56 managers in terms of the

Bargaining Council; however there is

existing precedent indicating that matters

can be taken to the Bargaining Council:

i. Louis Nothnagel and Karoo Hoogland

Municipality;

ii. Biyase v Sisonke District Municipality

and Another.

•13 Developing and Sustaining excellence in local government management

Shortcomings cont…

The regulations, as gazetted, are not being

complied with.

•14 Developing and Sustaining excellence in local government management

Way Forward

1. Petition the National Minister for the review of the regulations;

2. develop support systems for iLGM

members such as:

iLGM pension fund

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End

Thank You

&

Any Questions

Developing and Sustaining excellence in local government management

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