Testing the metal of the Municipal Systems Amendment Act of 2011

Abstract

The Local Government: Municipal Systems Amendment Act 7 of 2011 sought to put a halt to a phenomenon of staffing municipalities with unqualified people, thereby ensuring that skilled people are appointed. Its provisions were put to the test in a recent judgment of the Western Cape High Court. The court had to review the appointment of a municipal manager against a new section 54A, which provides that the appointment of a senior manager is null and void if the incumbent does not posses the prescribed skills, expertise, competencies or qualifications. This is the first case in which the Act's provisions concerning competency criteria for the appointment of municipal mangers has been tested.