IMPLEMENTATION PLAN – APPOINTMENT OF SENIOR MANAGERS AND RELATED MATTERS
TASK DESCRIPTION
ACTIVITIES / TASKS
 In these Regulations, a word or
expression to which a meaning has
been assigned in the Act has the
same meaning as in the Act, unless
the context indicates otherwise.
Advise Council of the New
Regulations and provide
details of Implementation Plan
Director F & C’s
July 2014
Plan and arrange a workshop
for Senior and middle
managers as well as the
Mayoral Committee
Director F & C’s
10 June 2014
Municpal Manager
17 January 2015
REGULATION
NUMBER
Regulation 1 – 2
Definitions and scope of
application
RESPONSIBLE
OFFICER
DUE DATE
 These regulations apply to all
municipalities, municipal entities, and
senior managers.
 These regulations must be read in
conjunction with – any the
regulations or guidelines issued in
terms of section 120 of the Act; and
LG: Municipal Regulations on
Minimum Competence Levels, 2007.
Regulation 3
Human resource planning
Regulation 4
Staff establishment
 A municipal council must –
- assess the human resources
necessary to perform its
functions, with particular
reference to –
- the number of senior managers
required; and
- the competencies which a
senior manager must have.
- assess existing human resources
by race, gender and disability,
and department with reference to
their
- competences;
- training needs; and
- employment capacities, and
- plan within its available budgeted
funds for the recruitment,
retention and development of
human resources according to its
specific needs.
 A municipality must review their staff
establishment before 17 January
2015, after having considered the
principles set out in the Regulations.

In order to curb the bloating of
Regulation 3 and 4 will
require a review of the
Organizational Structure and
Staff Establishment which
must be linked to the IDP and
functions performed by the
municipality. It is suggested
that this task be outsourced to
Organisational Development
Consultants as detailed in
Regulations 3 and 4. It is
suggested that this review
process is dealt with in terms
of an HR implementation plan
PROGRESS ON ACTION PLANS
DETAILED COMMENTS WHERE
TASK IS LAGGING
municipal administrations, a
municipality must also provide for at
least the following departments on its
staff establishment:
-
Development and Town Planning
Services;
Public Works and Basic Services
(Technical Services);
Community Services;
Financial Services (Chief
Financial Officer); and
Corporate Support Services.
 A municipality must review its staff
establishment within 12 months if
there is a new council elected for the
municipality; when the council adopts
its integrated development plan; or
when there are changes to the outer
boundaries of the municipality, or to
its functions.
 The staff establishment must provide
for the appointment on a permanent
or a fixed-term basis.
 In the case of fixed term posts, the
municipal manager must have due
regard to –
-
-
-
the financial implications of such
a post to the municipality;
any existing contractual
obligations of the incumbent
manager and the financial
implications thereof on the budget
of the municipality;
the need of the municipality to
retain institutional memory and
scarce skills, and to promote
stability and continuity within the
municipality; and
the sustainability of the
municipality.
 After finalisation of the review of the
staff establishment, the municipal
manager must, within 14 days, submit
the staff establishment (together with
a detailed report) to the municipal
council for approval at its next
meeting.
Regulation 3 and 4 will
require a review of the
Organizational Structure and
Staff Establishment which
must be linked to the IDP and
functions performed by the
municipality. It is suggested
that this task be outsourced to
Organisational Development
Consultants as detailed in
Regulations 3 and 4. It is
suggested that this review
process is dealt with in terms
of an HR implementation plan
Municpal Manager
17 January 2015
 The report contemplated above must
outline the process followed in
developing the staff establishment,
including –
- a summary of the mandate and
service delivery priorities of the
municipality and how the
proposed staff establishment
addresses these;
- a summary of the proposed posts
that are envisaged to –
- materially change;
- change to a limited or nonmaterial degree;
- be abolished; and
- not be affected by the changes;
- a motivation of the proposed
changes, including an analysis of
the strengths, weaknesses and
limitations of the current staff
establishment;
- job descriptions, duties, functions,
competency requirements and
responsibilities according to which
one or more posts of the same
grade are established, including
the grading or relative size and
value of a job;
- details of the financial
implications of the changes
including, but not limited to, the
outcomes of job evaluation
processes, remuneration costs for
senior managers, costs for
relocation, new facilities and
equipment, if any;
non-financial implications of the
changes, including the impact on
existing staff, key stakeholders
and other processes within the
municipality;
- a project plan that specifies the
timeframes within which it is
envisaged that implementation is
to take place; and
- the stakeholders and change
management requirements.
Regulation 5
Creation and filling of senior
manager posts
 A municipal council must–
-
confirm that the municipality
Regulation 3 and 4 will
require a review of the
Organizational Structure and
Staff Establishment which
must be linked to the IDP and
functions performed by the
municipality. It is suggested
that this task be outsourced to
Organisational Development
Consultants as detailed in
Regulations 3 and 4. It is
suggested that this review
process is dealt with in terms
of an HR implementation plan
refer
Municipal Manager
to
Upper Limits Regulations.
Include details in the report
Municpal Manager
Mayor and Municipal
Manager
Manager: Corporate
17 January 2015
-
-
Regulation 6
Principles of recruitment
requires the post to meet its
strategic objectives;
ensure that a job description has
been developed for the post;
attach to that post the
remuneration and other
conditions of employment; and
ensure that sufficient budgeted
funds, including funds for the
remaining period of the mediumterm expenditure framework, are
available for filling the post.
required in terms of
Regulation 7
 Recruitment, selection and
appointment of senior managers must
take place in accordance with the
municipal systems and procedures
contemplated in section 67 of the Act
that are consistent with sections 54A,
56 and 57A of the Act.
 A senior manager post must be filled
through public advertising.
Services
CFO
Municipal Manager
Draft advert taking into
account the requirements
detailed in the regulations
Manager: Corporate
Services
Report to Council include
information detailed in
Regulation 5
Municipal Manager
Initiate when post
becomes vacant
Initiate when post
becomes vacant
 Selection must be competencebased.
Regulation 7
Determination of recruitment
needs
 When the post of a senior manager
becomes vacant, or is due to become
vacant, the MM or mayor must upon
receipt of official notification, obtain
approval from the municipal council
for the filling of such post.
 A vacant senior manager post may
not be filled unless –
- approval to fill the post has been
granted by the municipal council;
and
- the post has been budgeted for.

Regulation 8
General requirements for
appointment of senior
managers
Council
CFO
The speaker may convene a special
meeting to obtain municipal council
approval for the filling of a senior
manager post.
 No person may be appointed as a
senior manager on a fixed term
contract, permanent basis or on
probation, to any post on the
approved establishment of a
Initiate when post
becomes vacant
Speaker
Include note in advertisement
Manager: Corporate
Services
Initiate when post
becomes vacant
municipality unless he or she –
- is a South African citizen or
permanent resident; and
- Possesses the relevant
qualifications, experience,
competencies and skills.
Regulation 10
Advertising a vacant posts
 An appointment may not take effect
before the first day of the month
following the month during which the
municipal council approved the
appointment.
Note in Letter of Appointment
Manager: Corporate Service

Start counting days from date
of Council Resolution
Manager: Corporate
Services
The municipal manager must within
fourteen (14) days of receipt of
approval from the municipal council
ensure that the post is advertised.
 A vacant senior manager post must
be advertised in the media circulating
nationally and in each of the
provinces.
Regulation 11
Application for vacant posts
Finalize within 14
days of the
Council Resolution
Manager: Corporate
Services
 A municipality may utilise a
recruitment agency to identify
candidates for posts: Provided that
the advertising, recruitment and
selection procedures comply with
these regulations.
Note: has financial
implications
 Monthly reports on the progress
made with regards to the filling of the
vacancy must also be submitted to
the mayor / municipal council.
Draft template or attach the
Implementation Plan
Reflecting Progress
Manager: Corporate
Services
 Applications for vacant posts must be
submitted on an official application
form.
Design a new application form
Manager: Corporate
Services
 On-line application forms that may
have been developed by a
municipality (provided that the on-line
application form substantially
corresponds to the prescribed
application form).
Place new application form on
website (prescribed format)

Include these disclosing
requirements in the advert.
State failure to disclose
June 2014
June 2014
An applicant for a senior manager
post must disclose –
- academic qualifications, proven
Manager: Corporate
Services
Regulation 12
Selection panel
experience and competencies;
- contactable references;
- any offence for which he or she
has been convicted;
- any disciplinary actions, whether
pending or finalised, instituted
against him or her in his or her
current or previous employment;
and
- registration with any professional
body.
information requested may
result in application not being
considered

Any misrepresentation or failure to
disclose information is a breach of
conduct and will lead to the
disqualification of candidate.
Manager: Corporate
Services

The municipality must compile and
maintain a record of all applications
received.
Include these disclosing
requirements in the advert.
State failure to disclose
information requested may
result in application not being
considered

A municipal council must appoint a
selection panel to make
recommendations for the appointment
of candidates to vacant senior
manager posts.
Report to Council. Include
appointment of panel when
obtaining approval to fill post
in terms of Regulations 7
Mayor
Municipal Manager
 The selection panel for the
appointment of a municipal manager
must, at least, consist of –
- the mayor - who will be the
chairperson, or his or her
delegate;
- a councillor designated by the
municipal council; and
- at least one other person, who is
not a councillor or a staff member
of the municipality, and who has
expertise or experience in the
area of the advertised post.
Report to Council. Include
appointment of panel when
obtaining approval to fill post
in terms of Regulations 7
Mayor
Municipal Manager
 The selection panel for the
appointment of a senior manager
must, at least, consist of –
- the municipal manager - who will
be the chairperson;
- a member of the mayoral
committee or councillor who is the
portfolio head of the relevant
portfolio; and
- at least one other person, who is
not a councillor or a staff member
of the municipality, and who has
Report to Council. Include
appointment of panel when
obtaining approval to fill post
in terms of Regulations 7
Mayor
Municipal Manager
Initiate when post
becomes vacant
expertise or experience in the
area of the advertised post.

Regulation 13
Compiling shortlist of
applicants
A panel member must disclose any
interest or relationship with shortlisted
candidates during the shortlisting
process, and must recuse himself or
herself from the selection panel if
there is any conflict of interest.
Draft a declaration form to be
signed by all the members of
the shortlisting and interview
panel (See Annexure “D” to
Regulations
Manager: Corporate
Services
 A panel member and staff member
must sign a declaration of
confidentiality as set out in Annexure
D to the Regulations.
Draft a declaration form to be
signed by all the members of
the shortlisting and interview
panel (See Annexure “D” to
Regulations
Manager: Corporate
Services

Design a template for
shortlisting candidates
Mayor
Municipal Manager
Manager Corporate Service
to assist in shortlisting panel.
Manager Corporate Services
to make all arrangements
June 2014
Finalize within 44
days of Council
Resolution
Mayor
Municipal Manager
Manager: Corporate
Services
June 2014
Finalize within 44
days of Council
Resolution
A mayor/municipal manager must
compile, in consultation with the
selection panel –
- a list of all applicants who applied
for an advertised post; and
- a shortlist consisting of all
applications received for a
specific post, evaluated against
the relevant competency
requirements.
 The shortlisting must be finalised
within thirty (30) days of the closing
date of the advertisement.
June 2014
 A record of all the applicants must be
kept by the municipality.
 Both the long and short lists must be
submitted to the selection panel
members before the interviews.
Regulation 14
Screening of applicants
 Screening of the shortlisted
applicants must take place within
twenty-one (21) days of finalisation of
shortlisting by –
- conducting reference checks;
- contacting the candidate's current
or previous employer if
unemployed;
- determining the validity of a
candidates’ qualifications; and
- verifying whether the candidate
has been dismissed previously for
misconduct or poor performance
by another employer.
Mayor
Municipal Manager
Manager: Corporate
Services
It may be advisable to
outsource the screening of
shortlisted candidates
Manager: Corporate
Services
Finalize within 65
days of Council
Resolution

Regulation 15
Interviews
A report on the screening process
must be compiled and tabled before
the selection panel.
Manager: Corporate
Services
 Interviews must be conducted within
21 days of the screening process.

The selection panel for a specific post
must remain the same throughout the
screening and interviewing process
 A records must be kept of every panel
member’s individual assessment of
the interviewed candidates.
Manager: Corporate
Services must finalize within
86 days after Council
Resolution
The Recruitment and
Selection Policy needs to be
reviewed that it will provide for
the screening during the
interview process
Manager: Corporate Service
 The determination of candidates to be
recommended for appointment must
be considered by way of consensus
between the members of the
selection panel.
 If consensus cannot be reached, a
dissenting member may record his or
her concerns in the minutes where
after the issue may be voted upon,
with each member of the selection
panel entitled to one vote.
Section Panel
 The selection panel must make a
determination of a second and third
choice to mitigate against delays in
the event that the first choice
candidate declines the offer of
employment.
Regulation 16
Selection

The persons recommended for
appointment to the post of a senior
manager must undergo a competency
assessment.
Appoint an external service
provider to perform
competency assessments
through SCM processes
Manager: Corporate
Services
CFO (Budget)
 The competency assessment
instrument must –
- be scientifically proven to be valid
and reliable;
- be capable of being applied fairly;
and
- not be biased against any person or
group of persons.
 A municipality must provide funding
for purposes of competency
assessment and testing.
CFO (Budget)
June 2014
 The selection panel must submit a
report and recommendation on the
selection process to the municipal
council Municipalities may apply to
the Local Government Sector
Education and Training Authority
(LGSETA) to make use of the
discretionary grants to fund the
competency assessment / testing.
Develop a template for the
report
Municipal Manager

Regulation 17

Resolution of municipal council
on the appointment of senior
managers
Before making a decision on an
appointment, a municipal council
must satisfy itself that –
- the candidate meets the relevant
competency requirements for the
post;
- Screening of the candidate has
been conducted; and
- the candidate does not appear on
the record of staff members
dismissed for misconduct.
Report to Council to include
these details
 The municipal council must take a
decision on the appointment of a
suitable candidate.
Municipal Manager
Manager: Corporate
Services
Council
 The municipal council must –
- inform all interviewed candidates of
the outcome of the decision
referred to in sub regulation (3); and
- within 14 days of the decision,
report to the MEC for local
government of the appointment
process and outcome.
 The report must contain –
- details of the advertisement,
including date of issue and the
name of newspapers in which the
advert was published, and proof of
the advertisement or a copy
thereof;
- a list of all applicants;
- a report contemplated in regulation
14(2) on the screening process and
the outcome thereof;
- the municipal council’s resolution
approving the selection panel and
the shortlisted candidates;
- competency assessment results;
Develop a template to
Report to MEC which
provides all information
requested in terms of
Regulations 17
Municipal Manager
Manager: Corporate
Services
14 Days after
Council Resolution
confirming
appointment
- the minutes of the shortlisting
meeting;
- the minutes of interviews, including
scoring;
- the recommendations of the
selection panel submitted to the
municipal council;
- the details of executive committee
members and recommendations, if
the selection panel comprised of all
members of the executive
committee;
- the recommendation of the
executive committee or executive
mayor to the municipal council, if
any;
- the municipal council resolution
approving the appointment of the
successful candidate;
- the application form, curriculum
vitae, proof of qualifications and
other supporting documentation of
the successful candidate;
- a written confirmation by the
successful candidate that he or she
does not hold political office as
contemplated in section 56A of the
Act, as at the date of appointment;
- the letter of appointment, outlining
the term of contract, remuneration
and conditions of employment of
the senior manager; and
- any other information relevant to
the appointment
Regulation 18
Re-employment of dismissed
persons
Municipal Manager
Manager: Corporate
Services
Develop a template to
Report to MEC which
provides all information
requested in terms of
Regulations 17
Draft a template for letter of
appointment as well as a
contract of employment
 A person who has been dismissed for
misconduct may not be employed as
a senior manager in any municipality
before a certain period has expired:
Provided that this does not apply to a
senior manager whose dismissal is
pending appeal.


If a senior manager is dismissed for
more than one category of
misconduct the periods of
rehabilitation will run concurrently.
A person dismissed for misconduct is
prohibited from re-employment in any
municipality is calculated from the
date of dismissal or conviction.
Manager Corporate
Services
When employee is
dismissed

A municipality must maintain a record
of staff members dismissed for
misconduct and those who resigned
prior to the finalisation of any
disciplinary proceedings.
Manager: Corporate
Services
 A report must be submitted within 14
days of such dismissal or resignation
to the MEC and the Minister.
Regulation 19
Re-advertisement of posts
Regulation 20
Secondment
 If no suitable candidate has been
identified, the municipal council –
- must inform all shortlisted
candidates that their applications
have been unsuccessful; and
- may re-advertise the post.

Mayor
Municipal Manager
Initiate when no
shortlist cannot be
finalized due to the
lack of suitable
candidates
A municipal council may request the
MEC for local government to second
a suitable person with the relevant
skills, competencies, expertise and
qualifications to act as municipal
manager .
 Secondment must be done by
agreement, and the agreement must
stipulate the duration, party
responsible for costs, the job
description.
 A person seconded must be paid an
allowance and be compensated while
on secondment for subsistence and
travel.
 A person seconded must ―
- prioritise the filling of the vacant
post to which he or she is
seconded;
- report in writing at least once a
month to the relevant MEC for local
government and the Minister with
regard to the filling of the post and
the development and
implementation of any municipal
institutional recovery plan for which
the seconded official is responsible;
- ensure that the municipal council
meets regularly and in line with
section 18(2) of the Structures Act
or as often as is necessary to
When necessary
Mayor
Municipal Manager
conduct council business;
- monitor and assess the adherence
to policy, principles and frameworks
applicable to council and the
administration;
- address challenges in respect of
adherence to such policy, principles
and frameworks by reviewing,
amending and ensuring adoption
and implementation thereof;
- devise a turnaround strategy for the
municipality including a strategy to
promote good governance;
- ensure implementation of council
resolutions by the administration;
- implement a system to control and
approve all expenditure;
- implement all governance systems
and procedures including
appropriate councillor oversight
mechanisms; and
- ensure implementation of financial
systems, policies and procedures.
Regulation 21-23
Ordinary hours of work,
overtime and annual leave

A senior manager must work at least
40 ordinary hours per week from
Monday to Friday.
 A senior manager may be required to
work overtime without additional
remuneration.
 A senior manager must apply for
leave on an official leave form
attached on the regulations.
 Annual leave cycle” is calculated from
1 January to 31 December.
 A senior manager is entitled to two
working days leave on full
remuneration for every month
worked.
 A senior manager who commences
employment after 1 January must be
entitled to paid annual leave on a pro
rata basis.
 A municipality must establish a
system to record accurately the leave
taken by senior managers.
Include in Employment
Contracts of Senior
Managers
Manager: Corporate
Services
June 2014
Regulation 24-32
Sick, maternity, family
responsibility, study and
special leave
 A senior manager qualifies for 36
days' sick leave in a three year cycle
calculated from 1 January.

Sick leave may not be carried over
from one sick leave cycle to the next
sick leave cycle.
Include in Employment
Contracts of Senior Managers
Manager: Corporate
Services
June 2014
Develop a template for Senior
Managers to make
declarations each year in
terms of Regulation 36
Manager: Corporate
Services
June 2014
 A senior manager is entitled to full
remuneration for four months while on
maternity leave.
 A senior manager is entitled to five
working days family responsibility
leave per annual cycle.

Regulation 36
Disclosure of benefits and
interests
A senior manager may apply for study
leave and special leave in
accordance with the policies of a
municipality.
 A senior manager who enters into an
employment contract in terms of
these regulations must—
- within 60 days after his or her
appointment; and
- annually thereafter, from the
commencement of the new financial
year of a municipality, declare his or
her benefits and interests.
 The benefits and interests may
include any shares, directorships or
property, which may potentially be in
conflict with the senior manager’s
official duties.
 A senior manager must disclose all
his or her registerable interests on the
prescribed form.
 Failure to disclose benefits and
interests is a breach of contract and
must be dealt with in terms of the
Code of Conduct for Municipal Staff
as provided for in Schedule 2 to the
Act, read in conjunction with the
Disciplinary Regulations.
Regulation 37 - 40
 A senior manager must participate in
Retirement, medical schemes,
motor vehicle and mobile
phone
a retirement or pension fund
registered in terms of the Pension
Fund Act, including retirement funds
accredited by the bargaining council
designated for municipalities.

A senior manager may (optional)
participate in a medical aid registered
in terms of the Medical Aid Scheme
Act, including medical aid schemes
accredited by the bargaining council
designated for municipalities.
 A senior must have a motor vehicle
for the proper performance of his or
her functions – own funding from total
cost to company.
 A senior manager is entitled to
compensation for use of mobile
telephone for official purposes
according to policy of municipality.
Regulation 41-44
Retirement, notice of
termination, dismissal for
misconduct, nomination of
beneficiaries
 A senior manager has the right to
retire, and must retire, on the first
calendar day of the month following
the day on which he or she turns 65
years of age.
Include in Employment
Contracts of Senior Managers
Manager: Corporate
Services
June 2014
Senior Managers to provide
evidence annually that they
are participating in a medical
aid scheme and retirement
fund
Review Cellphone allowance
to include Senior Managers
Manager: Corporate
Services
Include in Employment
Contract of Senior Managers
Manager: Corporate
Services
June 2014
Write to Senior Managers
annually requesting evidence
of the Appointment of
beneficiaries in respect of
benefits to be paid in the
event of death
Manager: Corporate
Services
June 2014
Inform current Senior
Managers of the new
Manager: Corporate
Services
June 2014
Manager: Corporate
Services
June 2014
 The municipality may, on the basis of
medical evidence, consider the
dismissal of a senior manager on
account of ill-health.
 A dismissal on account of ill-health or
injury must be done with due regard
to item 10 of Schedule 8 of the
Labour Relations Act.\
 A senior manager may for purposes
of implementation of these
regulations, designate one or more
beneficiaries to whom accruing
benefits to him or her may be paid in
the event of senior manager’s death.
 The benefits of a senior manager who
died before nominating beneficiaries
must be dealt with in terms of the
Administration of Estate Act, 1995.
Regulation 45
Transitional arrangements
 An employment contract for a senior
manager, entered into before the
Regulations came into effect, remain
in force until the contract lapses or is
terminated. When such an
employment contract lapses or is
terminated, the vacant post must be
advertised in accordance with the
provisions contained in the
Regulations
regulations and the
transitional arrangements
MUNICIPAL MANAGER
: _________________________
CHIEF FINANCIAL OFFICER
: __________________________
DATE
: _________________________
DATE
: ___________________________
MANAGER CORPORATE SERVICES
: _________________________
DATE
: _________________________