1 / 24

Models for Professionalisation of Municipal Administrators Phindile Ntliziywana Conference on Local Government Law 19

Models for Professionalisation of Municipal Administrators Phindile Ntliziywana Conference on Local Government Law 19-20 November 2012 Port Elizabeth. Models of professionalisation. Non-statutory Association model Statutory Association model Generic Qualification model

cherlin
Download Presentation

Models for Professionalisation of Municipal Administrators Phindile Ntliziywana Conference on Local Government Law 19

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Models for Professionalisation of Municipal Administrators Phindile NtliziywanaConference on Local Government Law19-20 November 2012Port Elizabeth

  2. Models of professionalisation • Non-statutory Association model • Statutory Association model • Generic Qualification model • Short-term delegation model • Performance Management model • Standard setting model

  3. 1. Non-statutory Association model (i) Institute of Municipal Treasurers and Accountants (IMTA) • A professional body for municipal finance officials -formed in 1929 • to enhance the technical ability of municipal finance officials in South Africa • NBMembership voluntary – not a formal requirement for recruitment into office • Registered under section 21 of the Company’s Act as a non-profit organisation

  4. Curriculum • 1929 Curriculum: Diploma curriculum • 1972 Curriculum: partial graduate status • 1980 Curriculum: full graduate status • First 54 yrs exclusively catering for whites • Black local authorities - 1982

  5. (ii) Institute of Town Clerks of Southern Africa (1946) • Aim: promote and improve the technical and professional knowledge of town clerks • curriculum consisted of courses taken at any University for degree or non-degree purposes + Admission Exams • Exemption • Membership exclusively reserved for whites

  6. 2. Statutory Association model • The Profession of Town Clerks Act and Municipal Accountants Acts of 1988 – statutory public recognition to IMTA and Institute of Town Clerks • Curriculum still designed by the Institutes • Membership - A legal requirement • Appointment outside the Institutions, null and void. • Unregistered person prohibited from performing municipal accountants functions – criminal offence

  7. 3. Generic Qualification model • Profession of Town Clerk & Municipal Accountants Acts - repealed in 1996 and 2003 • Retaining them would perpetuated black exclusion • South African Qualification Authorities Act, 1995 • Single national ministry of education & training, along with a National South African Qualifications Authority • memorandum on the objects of the Profession of Town Clerks Act, Repeal Bill • Skills Development Act, 1998 • SETAs in every sector • Local Government: LGSETA • Skills Development Levies Act-1999

  8. 4. Short-term deployment model • Initial response • Quick fix model (National Development Plan) • Project Consolidate (DPLG 2004)- deploy technical expert to selected municipalities • SiyenzaManje (DBSA 2005)- recruits qualified retired experts and skilled consultants (with young graduates) to help with infrastructure, planning and capacity building • Municipal Finance Management Support Programme (NT)- enhancing key financial management capacity

  9. 5. Performance Management Model • Performance Management Regulations (2006) • Focus on outcomes rather than inputs • Subjects employment – signing of performance agreement • Aim: • Measuring and evaluating performance • Performance bonus • Correction in the case of substandard performance

  10. 6. Standard Setting Model • National Treasury’s competency regulations (2007) • standard setting without external enforcement • Systems Amendment Act (2011) • standard setting with external enforcement

  11. Treasury Regulations • Prescribes minimum competencies of MMs, CFOs, senior managers and other financial officers (including supply chain management officials) • Comprises qualifications, experience, core competencies and competencies in unit standards • Uniform, except wrt financial officers  differentiates according to budget size

  12. Key provisions • Reg 13: • Municipal manager must ensure the assessment of competencies - to identify competency gaps • Reg 14: • municipal manager to monitor compliance and to take any necessary step to ensure compliance by 1 January 2013. • Reg 15 and 18(2): • make the continued employment and the conditions of employment conditional on attainment of requisite competencies. • Reg 16: • attainment of the prescribed competency must be included in their performance agreement.

  13. Key provs.... • Regulation 17: • enjoins the municipalities to assist their officials to attain the competency levels. • Reg 18(1): • with effect from 1 January 2013, no municipality may employ officials not meeting the competency levels.

  14. Current picture (MDB 2011)

  15. Years of relevant experience -Municipal Managers-

  16. Relevant experience- CFO’s

  17. Technical services managers

  18. Consequences of not meeting requirements • legal uncertainty with respect to actual legal situation after 31 Dec 2012 • Minister of finance – issued a warning (dismissal), but how does it really work? • Financial and Fiscal Commission – recommended urgent and rigorous enforcement of the Regulations • Circular 60 – ‘continued employability impacted upon’

  19. Consequences.... • Does the contract lapse automatically? • If contractually bound??????? • Should there be a process that trigger regulations? • Are municipality compelled to dismiss/demote managers who didn’t make it? • no specific provisions dealing with external enforcement • Non-compliance with financial management responsibilities, powers and duties – ‘financial misconduct’ • What is clear is that this uncertainty could backfire and undermine the intentions of the Regulations • Officials are exposed to different interpretations • Their failure can be used against them by politicians

  20. Municipal Systems Act: standard setting + enforcement • Focus: MMs and senior managers • Regulates recruitment process • Minimum competencies will be prescribed by CoGTA • Appointment is invalid if: • competencies not adhered to • recruitment process not adhered to

  21. External supervision/support • No suitable candidate? ask MEC to second • If MEC fails  ask the Minister • Municipality reports to MEC on each appointment • MEC passes report on to Minister • Violation of the Act?  MEC musttake appropriate steps (e.g. court action) • If MEC fails (wrt MM)  Minister may

  22. Ethics • MM/senior manager may not be political office-bearer • Focus of rules on ethics: all staff • Staff member dismissed for misconduct? • prescribed moratorium on re-employment elsewhere • Staff member dismissed for financial misconduct? • 10 yr moratorium • External supervision: all ‘disciplinaries’ must be reported to MEC who forwards to the Minister • Minister maintains central database of delinquents

  23. Models of professionalisation • Non-statutory Association • Statutory Association • Generic Qualification • Short-term delegation • Performance Management • Standard setting (with/without external enforcement)

  24. Thank You pntliziywana@uwc.ac.za

More Related