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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

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Models for professionalisation of municipal administrators phindile ntliziywana conference on local government law 1

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


Models of professionalisation
Models of professionalisation

  • Non-statutory Association model

  • Statutory Association model

  • Generic Qualification model

  • Short-term delegation model

  • Performance Management model

  • Standard setting model


1 non statutory association model
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


Curriculum
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


Ii institute of town clerks of southern africa 1946
(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


2 statutory association model
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


3 generic qualification model
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


4 short term deployment model
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


5 performance management model
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


6 standard setting model
6. Standard Setting Model

  • National Treasury’s competency regulations (2007)

    • standard setting without external enforcement

  • Systems Amendment Act (2011)

    • standard setting with external enforcement


Treasury regulations
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


Key provisions
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.


Key provs
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.



Years of relevant experience municipal managers
Years of relevant experience -Municipal Managers-



Technical s ervices managers
Technical services managers


Consequences of not meeting requirements
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’


Consequences
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


Municipal systems act standard setting enforcement
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


External supervision support
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


Ethics
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


Models of professionalisation1
Models of professionalisation

  • Non-statutory Association

  • Statutory Association

  • Generic Qualification

  • Short-term delegation

  • Performance Management

  • Standard setting (with/without external enforcement)


Models for professionalisation of municipal administrators phindile ntliziywana conference on local government law 1

Thank You

pntliziywana@uwc.ac.za