Why Have a Policy? The purpose of this policy is to manage and regulate the performance of work done by officials in the service of the municipality outside their employment contract. The Policy 1. Preamble The Code of Conduct for Municipal staff Members, schedule 2 of the local Government: Municipal systems Act, Act 32 of 2000, provides as follows: the prior consent of the Municipality of a municipality a staff member of the municipality may “except with not— (a) be a party to a contract for— (i) the provision of goods or services to the municipality; or (ii) the performance of any work for the municipality otherwise than as a staff member; (b) obtain a financial interest in any business of the municipality; or (c) be engaged in any business, trade or profession other than the work of the municipality. This provision implies that the employee has a fundamental right to do private work and be remunerated therefore but this is countered by the to determine conditions on which special Municipality’s sole prerogative permission will be granted. This in turn implies that it is not a matter of course approval but that it must be specially granted. Furthermore employees shall be responsible for the proper and efficient discharge of the work assigned to them by the Municipality. This implies that the Municipality as employer may legitimately expect the employee to be in a mental and physical condition to properly perform the duties he/she should be doing. 2. Definitions For purposes of this policy framework, an employee performs remunerated work when he/she, “Private Work” apart from his/her official duties to the municipality, works for payment. All terminology not defined under clause 2 of this policy shall bear the same meaning as in the applicable legislation. 3. LEGAL FRAMEWORK Item 4 of the Code of Conduct for Municipal employees, Municipal Systems Act, 32 of 2000 provides as follows: with the prior consent of the council of a municipality a staff member of the municipality may not “(2) except – (c) be engaged in any business, trade or profession other than the work of the municipality.”
Why Have a Policy? The purpose of this policy is to manage and regulate the performance of work done by officials in the service of the municipality outside their employment contract. The Policy 1. Preamble The Code of Conduct for Municipal staff Members, schedule 2 of the local Government: Municipal systems Act, Act 32 of 2000, provides as follows: “except with the prior consent of the Municipality of a municipality a staff member of the municipality may not— (a) be a party to a contract for— (i) the provision of goods or services to the municipality; or (ii) the performance of any work for the municipality otherwise than as a staff member; (b) obtain a financial interest in any business of the municipality; or (c) be engaged in any business, trade or profession other than the work of the municipality. This provision implies that the employee has a fundamental right to do private work and be remunerated therefore but this is countered by the Municipality’s sole prerogative to determine conditions on which special permission will be granted. This in turn implies that it is not a matter of course approval but that it must be specially granted. Furthermore employees shall be responsible for the proper and efficient discharge of the work assigned to them by the Municipality. This implies that the Municipality as employer may legitimately expect the employee to be in a mental and physical condition to properly perform the duties he/she should be doing. 2. Definitions “Private Work” For purposes of this policy framework, an employee performs remunerated work when he/she, apart from his/her official duties to the municipality, works for payment. All terminology not defined under clause 2 of this policy shall bear the same meaning as in the applicable legislation. 3. LEGAL FRAMEWORK Item 4 of the Code of Conduct for Municipal employees, Municipal Systems Act, 32 of 2000 provides as follows: “(2) except with the prior consent of the council of a municipality a staff member of the municipality may not – (c) be engaged in any business, trade or profession other than the work of the municipality.”
Private-work-and-Declaration-of-Interest-Policy.docx