Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)

Chapter 7 : Local Public Administration and Human Resources

Part 2 : Political structures, political office bearers and roles

55. Municipal managers

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(1) As head of administration the municipal manager of a municipality is, subject to the policy directions of the municipal council, responsible and accountable for—
(a) the formation and development of an economical, effective, efficient and accountable administration—
(i) equipped to carry out the task of implementing the municipality's integrated development plan in accordance with Chapter 5;
(ii) operating in accordance with the municipality's performance management system in accordance with Chapter 6; and
(iii) responsive to the needs of the local community to participate in the affairs of the municipality;
(b) the management of the municipality's administration in accordance with this Act and other legislation applicable to the municipality;
(c) the implementation of the municipality's integrated development plan, and the monitoring of progress with implementation of the plan;
(d)the management of the provision of services to the local community in a sustainable and equitable manner;
(e) the appointment of staff other than those referred to in section 56(a), subject to the Employment Equity Act, 1998 (Act No. 55 of 1998);
(f) the management, effective utilisation and training of staff;
(g) the maintenance of discipline of staff;
(h) the promotion of sound labour relations and compliance by the municipality with applicable labour legislation;
(i) advising the political structures and political office bearers of the municipality;
(j) managing communications between the municipality's administration and its political structures and political office bearers;
(k) carrying out the decisions of the political structures and political office bearers of the municipality;
(l) the administration and implementation of the municipality's by-laws and other legislation;
(m) the exercise of any powers and the performance of any duties delegated by the municipal council, or sub-delegated by other delegating authorities of the municipality, to the municipal manager in terms of section 59;
(n) facilitating participation by the local community in the affairs of the municipality;
(o) developing and maintaining a system whereby community satisfaction with municipal services is assessed;
(p) the implementation of national and provincial legislation applicable to the municipality; and
(q) the performance of any other function that may be assigned by the municipal council.

 

(2) As accounting officer of the municipality the municipal manager is responsible and accountable for—
(a) all income and expenditure of the municipality;
(b) all assets and the discharge of all liabilities of the municipality; and
(c) proper and diligent compliance with the Municipal Finance Management Act.

[Section 55(2)(c) substituted by section 7 of Act No. 44 of 2003]