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Heads Up Politicos: Politicians May NOT be Employed by the Municipality AND Vice Versa

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As per the content of the Local Government: Municipal Systems Amendment Act, as amended on 16 August 2022 and published in the Government Gazette on 17 August 2022 – the Local Government: Municipal Systems Amendment Act (Act No. 3 of 2022):

The amendment to which all political parties within the Nelson Mandela Bay Metro Council should be aware and which must be implemented immediately is as follows:

Article 71B: “Restriction of political rights”

  1. A staff member may not hold a political office in a political party, whether in a permanent, temporary, or acting capacity.
  2. A person who was appointed as a member of staff before subsection (1) comes into force must comply with it within one year of the introduction of subsection (1).

The definition of a “political office” in terms of Section 1 of the Amendment Act reads as follows:

‘Political office’, in respect of a political party or structure thereof—

(a) the office of chairman, deputy chairman, secretary, under-secretary, treasurer or an elected or appointed decision-making office of a political party at national level or in any province, region, or other area in which the party operates, or
(b) any office in the party equivalent to an office referred to in paragraph (a), regardless of the title assigned to the office.

The definition of “staff member” in terms of the amended municipal systems act:

  • In relation to the municipality, means the employees of the municipality, including the municipal manager.
  • The definition of “employee” in terms of section 213 of the labor relations act.
  • An employee is anyone other than an independent contractor, who works for another person or who helps to run the business of the employer.
  • Therefore, the employment contract will outline the employer/employee relationship.

From the above amendments it is clear: any person working at a municipality may not hold a political office in a political party.

Therefore, there is an obligation on any person and political parties within the framework of NMBM to whom the above amendment applies, to resign from his/her political office from his/her political party.

However, such persons are not prevented from continuing as active members of their various political parties.

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Alan Straton

Chief Cook, Bottle Washer and Broom Mechanic at MyPE
Passionate about Port Elizabeth and definitely NOT packing for Perth. Alan's ethos is epitomised in the words of Nelson Mandela; "I have fought against white domination and I have fought against black domination. I have cherished the idea of a democratic and free society. If need be, it is an ideal for which I am prepared to die." See more articles by Alan.