The FW de Klerk Foundation comments on General Municipal Bill, opposes extending time to rectify irregular appointments

27 August 2024

The Department of Cooperative Governance and Traditional Affairs (“COGTA”) has opened the Local Government: General Laws Amendment Bill, 2024 (the “General Municipal Bill”) for public comment until 31 August 2024. The FW de Klerk Foundation, in its submission, opposed the Bill’s extension of the time limits to rectify irregular appointments.

The Bill proposes extending the time that the MEC would have to force the municipality to comply with the law in its appointment of municipal managers (or managers directly accountable to them), from 14 days to 30 days. It would also, thereafter, grant the municipality 30 days to reconsider the appointment. This extends the timeline for compliance with the law from two weeks to two months since the MEC first became aware of the irregular appointments.

“The Foundation believes that extending the timeline to rectify irregular appointments directly contravenes municipalities’ legal obligations and is unreasonable without any attempt to justify such extension”, says Daniela Ellerbeck, an attorney and the FW de Klerk Foundation’s Constitutional Programmes Manager.

“The Foundation asked that the Bill’s proposal be scrapped, pointing out that municipalities have a legal duty to provide accountable government; use their resources in their local community’s best interests and to ensure that municipal services are provided to the local community in a financially sustainable manner (section 4(2) of the Municipal Systems Act, 2000). Additionally, section 195 of the Constitution also requires that municipalities have a high standard of professional ethics; must be accountable and use their resources economically and effectively”, explains Ellerbeck.

Issued by FW de Klerk Foundation, 27 August 2024