Professionalisation of local government: legal avenues for enforcing compliance with competency requirements

• Main Author: Ntliziywana, Phindile
• Other Authors: Fessha, Yonatan
• Language: en
• Published: University of the Western Cape 2014
• Subjects: Service delivery; Developmental local government; Protest marches; Professionalism; Work ethics; Municipal administration; Performance management; Enforcement mechanisms; Legal avenues; Cadreship deployment
• Online Access: http://hdl.handle.net/11394/2663

Magister Legum - LLM === This study is a response to the dilemma of poor service delivery or the lack thereof. In this regard, this study posits the professionalisation of local government as part of the solution. The focus is on the administrative arm of local government, which is the major conduit for service delivery. Professionalisation of local government is a broader theme. For the present purposes, focus will be devoted to the competency component which entails attracting qualified personnel competent to discharge local government responsibilities. However, it is not limited to attracting already competent and professional staff. It also entails developing the skills of existing staff. This definition, in essence, relates to qualification through training, learning and specialisation.11 In essence, professionalisation of local government ensures that all employees act and behave in a professional way. In this regard, this study seeks to identify the competency standards set by the legislative framework and then explore the legal avenues for enforcing compliance, by the municipal administration, with such standards. This requires one to look at and answer the following questions: What constitutes municipal staff? ; What is the content of the competency framework in question? ; What are the enforcement mechanisms currently in place? ; Whose role is it to enforce compliance with the competency framework?; Broadly speaking, enforcement can take two forms: hard enforcement and soft enforcement. The hard form of enforcement relates to giving incentives for compliance with the competency framework and dismissal for non-compliance. Softer enforcement, in turn, relates to correction and monitoring. === South Africa