Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) Regulations Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers Chapter 1 : Interpretation and Application 1. Definitions

 

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 otherwise indicates—

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1977);

 

"chief financial officer"

means a person designated in terms of section 80(2)(a) of the Municipal Finance Management Act;

 

"Compensaton for Occupational Injuries and Diseases Act"

means the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);

 

"competence"

means having the necessary higher education qualification, work experience and knowledge to obtain at least a competent level of achievement;

 

"conditions of employment"

in relation to a senior manager have a corresponding meaning as the terms or conditions of employment as defined in section 1 of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

 

"department"

in relation to a municipality means an administrative component of a municipality, headed by a manager appointed in terms of section 56 of the Act;

 

"the Disciplinary Regulations"

means the Local Government: Disciplinary Regulations for Senior Managers, (Government Notice No. 344), as published in Government Gazette No. 34213;

 

"employment contract"

means a contract as contemplated in section 57 of the Act;

 

"Employment Equity Act"

means the Employment Equity Act, 1998 (Act No. 55 of 1998);

 

"executive committee"

means an executive committee established in terms of section 43 of the Municipal Structures Act;

 

"financial year"

means the financial year of a municipality commencing on 1 July each year and ending on 30 June of the following year;

 

"Labour Relations Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

 

"Mayor"

means the mayor or executive mayor of a municipality as elected in terms of the Municipal Structures Act;

 

"medical practitioner"

for purposes of these regulations includes a practitioner as defined by the Health Professions Council of South Africa, and who is legally certified to diagnose and treat patients;

 

"Medical Schemes Act"

means the Medical Schemes Act, 1998 (Act No. 131 of 1998);

 

"Municipal Finance Management Act"

means the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), and any regulations made under that Act;

 

"Municipal Structures Act"

means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998)

 

"Pension Funds Act"

means the Pension Funds Act, 1956 (Act No.24 of 1956);

 

"performance agreement"

means an agreement as contemplated in section 57 of the Act;

 

"post"

means a post on the approved staff establishment of a municipality which has been budgeted for;

 

"senior manager"

means a municipal manager or acting municipal manager, appointed in terms of section 54A of the Act, and includes a manager directly accountable to a municipal manager appointed in terms of section 56 of the Act;

 

"speaker"

has the meaning assigned to it on the Municipal Structures Act;

 

"staff establishment"

means the approved posts created for the normal and regular requirements of a municipality;

 

"the Act"

means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); and

 

"total remuneration package"

means the total cost of a senior manager's remuneration to a municipality and includes the salary, pension contributions, medical aid contributions and other forms of payment or benefit.