Thread by @NationalCoGTA

The stakeholder engagement session on the Local Government: #MunicipalSystems Amendment Bill, is underway in Parliament

Represented at the session with the Portfolio Committee are provinces, @SALGA_Gov, @NationalCoGTA and @TreasuryRSA

Some background:
The Local Government: Municipal Systems Amendment Act, 2011 (Act No. 7 of 2011) was assented to by the President on 5 July 2011 (the Amendment Act)

The South African Municipal Workers’ Union (SAMWU) challenged the validity of the Amendment Act in the High Court

The union contended that the Amendment Act was incorrectly tagged as an ordinary bill not affecting the provinces (section 75 bill), rather than an ordinary bill affecting the provinces (section 76 bill) (procedural challenge)

SAMWU also submitted that section 56A, when read together with the definition of “political office” in section 1, is inconsistent with the Constitution as it amounts to an unjustifiable limitation of a number of rights

Including the right to make free political choices as enshrined in section 19(1) of the Constitution (substantive challenge)

Regarding the procedural challenge, the High Court declared that the Amendment Act is unconstitutional and invalid as it failed to comply with the procedures set out in section 76 of the Constitution

#municipalsystems

The High Court decided not to make a ruling on the substantive challenge

#municipalsystems

The matter was referred to the Constitutional Court (“Concourt”) for confirmation of the decision of the High Court.

#municipalsystems

On 9 March 2017, the Constitutional Court declared the #municipalsystems Amendment Act constitutionally invalid citing incorrect application of parliamentary process to pass the amendment had excluded input from the provinces

Path towards correcting the tagging defects:
Cabinet approved the reintroduction of the draft Local Government Municipal Systems Amendment Bill (“the Amendment Bill”) to Parliament on 5 December 2018

The Amendment Bill and the explanatory memorandum to the Bill were introduced to Parliament on 6 February 2019 in terms of the rules 159(8)(1) (a) and (b) of the Joint Rules of Parliament

The Amendment Bill was referred to the Portfolio Committee for Co-operative Governance and Traditional Affairs of the National Assembly, as well as to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.

In terms of Joint Rule 154, written views on the classification of the Amendment Bill were submitted to the JTM and the Amendment Bill has been properly tagged as a section 76 Bill.

Upon receipt of the Amendment Bill, Parliament embarked on stakeholder engagement processes.

#municipalsystems

The engagements referred to above had to be been suspended due to the National and Provincial General Elections which took place on 8 May 2019

As well as the fact that Parliament had to be dissolved before the elections as the Parliamentary Timetable could not accommodate the speedy passing of the Amendment Bill

#municipalsystems

The then Minister filed papers with the Concourt requesting the Concourt to extend the 24-months period with an additional 12 months. The application, which was heard on 20 March 2019 was dismissed by the Concourt.

Let's bring you back to today's proceedings . . . Eastern Cape CoGTA Head of Department Gabisile Gumbi-Masilela just completed her presentation in which she cited prevalence of "concurrence" issues among others

@SALGA_Gov is now presenting its case on the subject, prefacing their presentation by declaring that it's a final product of extensive consultation with their members

#municipalsystems

That MECs may take longer than the 14 days to consider the Municipal Appointments. @SALGA_Gov says the role of the MEC is to assess if a Municipality has contravened the appointment processes as
defined in the Act (including the Regulations)

And in instances of contravention the MEC has the option to apply for a declaratory order on the validity of the appointment

#municipalsystems

@SALGA_Gov claims that the section further blurs the lines of accountability and authority between the Council and
Administration.

The appointment of Managers directly accountable to the Municipal Manager, by Council
after consultation with the MM, has lead to managers directly accountable to the Municipal Manager

Actually reporting, or feeling obliged to report, to Council members who appointed them rather than to
the municipal manager.

@SALGA_Gov agrees that intention was always that Council appoints the municipal manager but that the municipal manager, after consultation with Council, would and should make appointments to the administration, as head of administration.

However, @SALGA_Gov insists that a challenge which needs to be addressed in local government is precisely where Council (and political parties represented therein) appoint people to the administration but they must then report to the municipal manager.

#municipalsystems

The stakeholder engagement session on the Local Government: #MunicipalSystems Amendment Bill continues in Parliament

The stakeholder engagement session on the Local Government: #MunicipalSystems Amendment Bill continues in Parliament

Enriching the conversation and exchange of ideas include members of the Portfolio CoGTA, Deputy Minister @TauParks, provincial heads of Cogta, @SALGA_Gov and national government officials.