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President enacts law that enables improved functioning of local government

By Annisa Essack
23:08:2022

President Cyril Ramaphosa has finally put into effect the rule that prohibits high-ranking government officials in municipalities from holding political office in political parties as part of his efforts to combat corruption and boost public trust in the government.

Vincent Magwenya, the President’s spokesperson, spoke to Radio Islam International to explain how the new law would work and its aim.

Magwenya explained that the new municipal ordinance prohibits top managers and municipal managers from holding elected office. A political office is defined in the statement made public yesterday as the national chairperson, vice chairperson, secretary, deputy secretary, or treasurer of a political party as well as any province, region, or other geographic location where the party is active.

He added that municipalities could now be allowed to recruit outside their borders, allowing them to dip into a national talent pool for the role of municipal manager and those who report to the manager.

It also gives The Minister of COGTA a say regarding remuneration and other employment-related conditions for these roles. This then curbs any political interference at the local government level.

According to the presidency’s statement, the change does not affect top managers’ other political rights; they are still free to enjoy and exercise those rights.

One necessary clause is that employees fired for financial wrongdoings, such as fraud or corruption, cannot be hired again for five years. This will end the common practice of senior municipal officials fired for misconduct in their prior posts still being rotated around federal, state, and local administrations.

Municipalities are now required to keep a record of the disciplinary actions taken against employees who were fired for misconduct and send it to the provincial member of the executive council for local government. The minister is responsible for keeping the record and making it available to municipalities.

The new law has been signed into law and becomes effective immediately. Magwenya says that the law has been broadly welcomed, especially as it has input from communities and issues were “thoroughly ventilated” through public consultation.

Cosatu and the SACP, allies of the ANC, hailed Ramaphosa’s approval as an essential step in the fight against corruption.

According to COSATU and the SACP, the law would lessen the re-use of municipal and senior managers accused of corruption or implicated in it.

A few years ago, the SA Local Government Association (SALGA) suggested that all municipal employees connected to political parties be included in the law prohibiting political office holders.

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