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 6 : Termination of Service

43. Dismissal for misconduct, incapacity or operational requirements

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(1) A senior manager may be dismissed for misconduct, for incapacity or for operational requirements if the municipality has complied with the relevant provisions of the Labour Relations Act.

 

(2) If the municipality is of the opinion that a senior manager is incapable of carrying out the duties attached to the senior manager's post as a result of continuous ill-health or injury, the municipality may require the senior manager to undergo a medical examination by a registered medical practitioner nominated by the municipality and at the municipality's expense.

 

(3) The record of any medical examination performed must be kept confidential and may be made available only—
(a) in accordance with the ethics of medical practice;
(b) if required by law or court order; or
(c) if the senior manager has consented in writing to the release of such record.

 

(4) The municipality may, on the basis of medical evidence, consider the dismissal of a senior manager on account of ill-health.

 

(5) A dismissal on account of ill-health or injury must be done with due regard to items 10 and 11 of Schedule 8 of the Labour Relations Act.

 

(6) If a senior manager applies for a discharge from service on account of continuous ill-health or injury, the provisions of subregulations (2) to (5) apply, with the necessary changes required by the context.

 

(7) If a senior manager refuses or fails to be subjected to a medical examination, the senior manager may be dismissed for misconduct, subject to the Labour Relations Act.