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‘Section 57’ is a term commonly used for managers employed according to the requirements of section 57 of the Local Government: Municipal Systems Act, 2000 (Act no. 32 of 2000). These managers are sometimes called ‘Section 57 Employees’ briefly described as ‘Municipal Managers and Managers directly accountable to Municipal Managers’.
According to section 57, a person to be appointed as the municipal manager of a municipality and a person to be appointed as a manager directly accountable to the municipal manager, may be appointed to that position only in terms of a written employment contract with the municipality complying with the provisions of this section and subject to a separate performance agreement concluded annually.
The performance agreement must be concluded within a reasonable time after a person has been appointed as the municipal manager or as a manager directly accountable to the municipal manager and thereafter within one month after the beginning of the financial year of the municipality. The employment contract must include, subject to applicable labour legislation, details of duties, remuneration, benefits and other terms and conditions of employment and the performance agreement must include:
The employment contract for a municipal manager must:
A municipality may extend the application of the employment contract and/or performance agreement for a municipal manager to any manager directly accountable to the municipal manager according to the agreement between the parties.