The Department of Cooperative Governance and Traditional Affairs (COGTA) recently opened the Local Government General Laws Amendment Bill for the period ending 31 August 2024. The Bill seeks to make significant changes to the laws governing municipalities, but raises concerns particularly regarding the extension of the deadline for rectifying irregular appointments.
One of the key proposals in the Bill is to extend the statutory compliance period for the irregular appointment of a municipal manager (or a manager reporting directly to the manager) from two weeks to two months. This extension raises significant questions about the potential impact on municipal service delivery and the sound management of resources.
In highlighting the importance of service delivery, it is paramount that municipalities operate effectively to meet the needs of their citizens, foster economic development and ensure a healthy and safe environment. Any measure that could compromise these fundamental objectives must be carefully considered.
The Bill also proposes amendments to strengthen the Code of Conduct for Municipal Staff, including requiring that staff members avoid any act of financial malfeasance to prevent unnecessary expenditures and financial losses in municipalities. By transferring certain functions and powers from a district municipality to a local municipality, the Bill also aims to better distribute responsibilities and powers.
However, some concerns remain. For example, the overlapping public comment periods for the General Municipal Governance Bill and the Coalition Bill may create confusion among the public and limit citizen participation. In addition, the transfer of powers from a district municipality to a local municipality must be carried out in a transparent and balanced manner to avoid any gaps or inconsistencies in the governance of municipalities.
Taking into account these various considerations, it is essential that the Bill be carefully examined to ensure that it is consistent with the principles of good governance, transparency and efficiency in the delivery of municipal services. Constructive suggestions, such as strengthening the Code of Conduct for Municipal Staff, deserve encouragement, while areas of concern and potential gaps in the bill need to be addressed to ensure effective implementation..
Ultimately, it is essential that the proposed legislative reforms contribute to improving local governance, strengthening accountability and ensuring the effective delivery of municipal services for the well-being and development of the community.