Municipal managers who face criminal proceedings can remain in office

Criminal proceedings against a Municipal Manager do not disqualify them from continuing to serve in office pending the outcome of the criminal trial.

The Minister of Cooperative Governance and Traditional Affairs, Velenkosini Hlabisa, shared this information in response to a Parliamentary question.

National Assembly member Anna van Zyl asked Hlabisa whether municipal managers facing criminal trials should remain in office while serving.

Hlabisa responded, saying that, under the Constitution, an accused person remains presumed innocent until proven guilty by a court of law.

“Criminal charges alone, therefore, do not automatically terminate an employment relationship,” he said.

He said that he was against corruption, misconduct, or any conduct that undermines ethical administration, good governance, and public confidence in municipalities.

“However, the instituting criminal proceedings against a municipal manager does not, in itself, automatically disqualify them from continuing to serve in office,” he said.

“Criminal charges alone, therefore, do not automatically terminate an employment relationship.”

This does not mean that a municipal council should disregard serious allegations or await the conclusion of a criminal trial before acting.

He said they can act when there is a breach of the Municipal Systems Act, the applicable Code of Conduct, or the Municipal Manager’s employment contract.

“The municipal council must assess the matter and determine whether separate disciplinary or precautionary action is warranted,” he said.

Hlabisa said that the municipal council’s assessment should take account of the nature and seriousness of the charges.

They should also assess whether the alleged conduct is connected to the Municipal Manager’s official responsibilities.

Other things the municipal council should consider include:

• The possibility of interference with municipal records, witnesses or investigations.

• The ability of the Municipal Manager to continue performing the functions of the office.

• The municipality’s operational and service-delivery interests.

• The need to preserve public confidence in the administration.

“Depending on the facts and circumstances of the particular matter, the municipal council may institute disciplinary proceedings,” he said.

“Where lawfully justified, it can adopt appropriate precautionary measures while the allegations are under investigation or adjudication.”

“Such action must comply with the applicable legislative, labour and disciplinary framework and should not be imposed as a substitute for a finding of guilt.”

He added that there is no automatic rule that every municipal manager facing a criminal trial must either remain actively in office or vacate office.

“Each case must be assessed on its own facts. The presumption of innocence must be respected,” Hlabisa said.