A Critique of the Law Regarding Employment of Municipal Managers and the Managers Accountable to the Municipal Manager

Abstract

The employment of municipal managers and managers that are directly accountable to municipal managers is regulated by various pieces of legislation in the new democratic constitutional dispensation. Conflicting provisions in the legislation have led to uncertainty and confusion about the legal position on the employment of these managers. This issue was complicated when the Court of first instance declared regulation 38(1) of the municipal performance regulations for managers to be invalid.