Hlabisa: Municipal managers need not vacate office while facing criminal charges

Co-operative Governance and Traditional Affairs Minister Velenkosini Hlabisa has said that municipal managers facing criminal charges are not automatically required to vacate their positions while awaiting the outcome of criminal trials. The minister emphasised that accused persons remain presumed innocent until proven guilty.

Minister’s response in Parliament

Hlabisa made his remarks in a Parliamentary reply after Democratic Alliance MP Anna van Zyl asked whether municipal managers facing criminal trials should remain actively in office pending the outcome of their cases.

“As the Minister, I do not condone corruption, misconduct or any conduct that undermines ethical administration, good governance or public confidence in municipalities,”

Hlabisa added:

“However, the institution of criminal proceedings against a municipal manager does not, in itself, automatically disqualify the municipal manager from continuing to serve in office pending the outcome of the criminal trial.”

Councils can still act

The minister stressed that criminal proceedings and employment-related disciplinary proceedings are separate processes. Where the conduct underlying criminal charges could also breach the Municipal Systems Act, the applicable Code of Conduct, the municipal manager’s employment contract or other employment obligations, Hlabisa said the municipal council must assess whether separate disciplinary or precautionary action is warranted.

He said councils should consider factors including:

• the nature and seriousness of the charges
• whether the alleged conduct was connected to the municipal manager’s official responsibilities
• the possibility of interference with municipal records, witnesses or investigations
• the official’s ability 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 and, where lawfully justified, adopt appropriate precautionary measures while the allegations are under investigation or adjudication,” Hlabisa said.

When charges could affect employment

Hlabisa noted that the position could change if a municipal manager was convicted of an offence affecting their suitability to hold office, or was found guilty and dismissed following properly constituted disciplinary proceedings. In such cases, the council must implement the consequences required by the applicable legal and employment framework.

He concluded that there is no blanket rule requiring municipal managers facing criminal trials either to remain in office or to vacate their positions solely because criminal proceedings have commenced, and that each case must be assessed on its own facts.

Balancing rights and administration

Hlabisa emphasised that while respecting the presumption of innocence is important, it should not prevent municipalities from taking lawful and proportionate action to protect their administration, resources, service delivery and integrity.