Your Guide to Stopping Unqualified Municipal Appointments

Communities across South Africa are frequently exasperated by their municipalities, where service delivery is consistently undermined by the appointment of unqualified staff. The recruitment of unqualified or underqualified individuals, particularly in senior roles such as municipal managers and chief financial officers, constitutes a systemic challenge that erodes effective governance and impedes service delivery.

Such is the situation that the Auditor-General of South Africa (AGSA) highlights in the “Consolidated General Report on Local Government Audit Outcomes 2022/23” that skills shortages and inadequate leadership contribute to governance failures, with 89.1% of municipalities (229 out of 257) classified as dysfunctional or requiring intervention.

The financial repercussions of such incompetence are profound, as millions of South Africans can testify. Yet, the full extent of these dire consequences is often underappreciated. The AGSA reported R7.41 billion in fruitless and wasteful expenditure, R25.47 billion in unauthorised expenditure, and R5.2 billion in material irregularities for 2022/23, totalling R78.79 billion in irregular expenditure.

These losses deprive communities of essential services such as water, electricity, and sanitation, erode public confidence, and perpetuate municipal dysfunction. It should be emphasised that the AGSA further noted that poor leadership and unqualified staff are key drivers of these outcomes, impacting millions of residents reliant on municipal services.

While determining the precise frequency of unqualified municipal hires is challenging due to data gaps, official sources indicate the problem is pervasive and systemic, particularly in senior management.

This is evidenced through the following official South African governmental bodies:

• Auditor-General of South Africa (AGSA): The “2022/23 Audit Outcomes” report notes that skills deficits and non-compliance with hiring regulations, such as the “Municipal Regulations on Minimum Competency Levels (2007)”, are common across 229 dysfunctional municipalities. The AGSA highlights irregular appointments due to unverified qualifications or ignored competency requirements, implying frequent unqualified hires. Only 34 municipalities achieved clean audits, with unqualified staff contributing to adverse findings in others.
• Department of Cooperative Governance and Traditional Affairs (CoGTA): The “State of Local Government Report (2021)” identified 64 municipalities under administration due to governance failures, often linked to unqualified leadership. CoGTA’s “Local Government Professionalisation Strategy (2021)” and the “Municipal Systems Amendment Act 3 of 2022” address the recurring issue of officials lacking required qualifications, suggesting frequent non-compliance in hiring.
• Public Service Commission (PSC): The PSC’s “Annual Report 2022/23” reported numerous complaints about irregular appointments, including unqualified hires driven by nepotism and cadre deployment. The Zondo Commission’s “Report on Cadre Deployment (2022)” confirms that political loyalty often trumps qualifications, indicating regular unqualified appointments.
• Local Government Sector Education and Training Authority (LGSETA): The “Annual Report 2020/21” notes R294.69 million spent on training to address competency gaps, implying that many officials are hired without adequate qualifications and require retraining.

When examining the challenges in quantifying how often unqualified officials are hired, the following points should be highlighted:

• Data Gaps: Municipalities often fail to report hiring data, and SAQA verification is not universally enforced.
• Political Interference: Cadre deployment conceals unqualified appointments, as municipalities may falsify credentials.
• Audit Limitations: The AGSA focuses on financial outcomes, not comprehensive staff audits, limiting precise data.
• Underreporting: Communities may not report unqualified officials due to lack of awareness or fear of retaliation.

With this in mind, the issue’s scale is evident in 89.1% of municipalities being dysfunctional and experiencing significant financial losses.

The question, however, remains: what can the average South African do to effect change within their local municipalities and ensure this debilitating trend is addressed?

Reflecting on this, it is imperative to recognise that preventing unqualified appointments necessitates robust enforcement of legal frameworks, heightened transparency, and resolute accountability. To this end, detailed steps based on official regulations are provided to tackle this prevalent issue:

Enforce the Municipal Systems Act

The “Local Government: Municipal Systems Amendment Act 3 of 2022” fortifies hiring standards to professionalise municipal administration. Clause 57a(3) prohibits re-employing individuals dismissed for financial misconduct, fraud, or corruption for 10 years, addressing the recycling of unqualified officials.

The “Municipal Regulations on Minimum Competency Levels (2007)” mandate that senior managers possess a relevant bachelor’s degree, five years of management experience, and competencies in financial management, strategic leadership, and governance. The South African Qualifications Authority (SAQA) must verify qualifications to prevent fraud.

Action:

• Request municipal councils to publish annual compliance reports on hiring processes, detailing SAQA verifications and competency assessments.
• Engage CoGTA to monitor municipalities with adverse AGSA findings, ensuring adherence to the Act.
• Advocate for mandatory SAQA verification in recruitment policies, with public disclosure of results.

Enhance Recruitment Transparency

The “Municipal Staff Regulations (2021)” require merit-based, transparent, and competitive recruitment. Vacancies must be advertised publicly for 14 days, specifying minimum qualifications. Selection panels must include independent experts (e.g., from SAICA), and criminal record checks and SAQA verifications are mandatory.

Action:

• Urge municipalities to publish vacancy adverts, shortlists, and panel compositions on websites and via news agencies
• Form community oversight groups to monitor recruitment and report irregularities like unadvertised positions.
• Request CoGTA to train municipal officials on the 2021 regulations, emphasising transparency.

Strengthen Consequence Management

The AGSA notes that only 27% of municipalities implement effective consequence management, enabling unqualified hires. The “Municipal Finance Management Act (MFMA)” empowers councils to discipline officials for breaches, such as appointing unqualified candidates. The PSC can recommend sanctions, including dismissal or fund recovery.

Action:

• Report non-compliant hiring to councils, citing MFMA, and demand investigations within 30 days.
• Escalate unresolved cases to the PSC or CoGTA with evidence of breaches.
• Advocate for a consequence management framework with clear disciplinary timelines and public reporting.

Invest in Skills Development

The LGSETA spent R294.69 million in 2020/21 on training to address skills gaps, but the AGSA notes poor accountability and misaligned programs. The “Municipal Regulations on Minimum Competency Levels” require ongoing professional development. CoGTA’s professionalisation framework emphasises performance-based training.

Action:

• Push for skills development plans linked to performance evaluations, targeting improved audit outcomes.
• Engage LGSETA to prioritise training for senior managers in financial management and governance.
• Demand public disclosure of training budgets and outcomes to prevent fund misuse.

How to Take Action

Citizens can drive accountability through proactive steps, grounded in official mechanisms:

Verify Officials’ Credentials

Municipal websites and LinkedIn often list senior management profiles. SAQA verifies qualifications, ensuring compliance with regulations.

Steps:

1. Request staff profiles from municipal websites or offices.
2. Verify qualifications via www.saqa.org.za or 0860 111 673, using ID numbers and qualification details.
3. Cross-check experience on LinkedIn or through professional bodies (e.g., SAICA).
4. Document discrepancies (e.g., unverified degrees) for reporting.

Utilise the Promotion of Access to Information Act (PAIA)

The “Promotion of Access to Information Act 2 of 2000” allows access to municipal records, such as job specifications and appointment letters, via the information officer.

Steps:

1. Download the PAIA form from www.sahrc.org.za or www.inforegulator.org.za.
2. Specify documents (e.g., job adverts, CVs, panel minutes).
3. Submit to the information officer and track the 30-day response period.
4. Appeal denials to the Information Regulator within 60 days.
5. Use records to identify unqualified appointments.

Report Irregularities

The PSC, CoGTA, and AGSA handle complaints about unqualified hires. Persistent reporting is key in dysfunctional municipalities.

Steps:

1. Compile evidence (e.g., PAIA records, SAQA results, adverts).
2. Submit to the PSC (see Section 5), CoGTA’s portal (www.cogta.gov.za), or AGSA (www.agsa.co.za).
3. Follow up every 30 days to ensure progress.
4. Escalate to the National Anti-Corruption Hotline (0800 701 701) or SALGA if unresolved.

Advocate for Performance Audits

Performance audits by the AGSA or PSC assess staff competence and efficiency, addressing skills gaps.

Steps:

1. Petition councils for an AGSA audit, citing 2022/23 findings.
2. Engage AGSA via www.agsa.co.za or public forums.
3. Lobby CoGTA to prioritise audits in Section 139 municipalities.
4. Partner with OUTA or GGA for campaigns and petitions.

Reporting Issues to the Public Service Commission

The PSC, a Chapter 10 constitutional body, promotes public service integrity, including in municipalities.

Role and Functions of the Public Service Commission

• Investigate Maladministration: Probes unfair hiring, nepotism, and non-compliance.
• Monitor Compliance: Ensures adherence to the “Public Service Code of Conduct” and hiring policies.
• Anti-Corruption Hotline: Operates 0800 701 701 for anonymous reporting.
• Advisory Role: Recommends disciplinary actions or reforms to municipalities and Parliament.

Structure

The PSC has 14 commissioners, a Pretoria office, and nine provincial offices, reporting to the National Assembly.

Reporting Process

1. Gather Evidence: Collect PAIA records, SAQA results, or whistleblower testimonies.
2. Submit Complaint:
   • Online: www.psc.gov.za.
   • Phone: 0800 701 701.
   • Email: [email protected].
   • Post: Private Bag X121, Pretoria, 0001.
3. Provide Details: Specify municipality, official, evidence, and impacts.
4. Follow Up: Expect acknowledgement within 7 days, resolution within 90 days. Contact 012 352 1000 for updates.
5. Escalate: Refer unresolved cases to CoGTA or the SIU.

Pushing for Performance Audits

Performance audits evaluate staff competence and municipal efficiency, addressing unqualified hires.

Importance

• Identify Skills Gaps: Reveal unqualified staff and training needs.
• Expose Inefficiencies: Highlight losses like R7.41 billion in fruitless expenditure.
• Drive Reforms: Recommend professionalisation and accountability.
• Enhance Accountability: Publicise findings to pressure action.

Advocacy Steps

1. Petition councils, referencing AGSA’s 89.1% dysfunction rate.
2. Engage AGSA via www.agsa.co.za or forums.
3. Lobby CoGTA for audits in intervened municipalities.
4. Collaborate with OUTA or GGA for petitions and protests.
5. Raise awareness via community radio and social media, citing R10 billion losses.

Challenges

• Resource Constraints: AGSA audits are limited by capacity.
• Political Interference: Officials may resist audits to conceal incompetence.
• Non-Implementation: 73% of municipalities ignore audit recommendations.

Reflecting on the above, South African communities, weary from persistent municipal failures, hold the power to catalyse meaningful change by actively engaging in oversight and advocacy.

By leveraging tools like the Promotion of Access to Information Act (PAIA) to scrutinise hiring practices and demanding performance audits, residents can restore accountability and ensure qualified leadership. These actions empower communities to transform their municipalities into institutions that prioritise service delivery and public welfare.

Collectively, these efforts foster a culture of civic participation, where South Africans reclaim their right to competent governance. By uniting in community forums, reporting irregularities to the Public Service Commission, and championing transparency, citizens can dismantle systemic barriers to effective municipal administration. This collective resolve not only addresses the scourge of unqualified appointments but also rebuilds trust in local governance, paving the way for resilient, service-oriented municipalities that truly serve their people.

What are your thoughts on the matter? Share your views in the comment section below.

Sources for communities to further research on the subject:

• Auditor-General of South Africa: Consolidated General Report on Local Government Audit Outcomes 2022/23 (www.agsa.co.za).
• Department of Cooperative Governance and Traditional Affairs: State of Local Government Report (2021), Local Government Professionalisation Strategy (2021), Municipal Systems Amendment Act 3 of 2022, Municipal Staff Regulations (2021) (www.cogta.gov.za).
• Public Service Commission: Annual Report 2022/23 (www.psc.gov.za).
• State Capture Commission: Report on Cadre Deployment (2022).
• Local Government Sector Education and Training Authority: Annual Report 2020/21 (www.lgseta.org.za).
• Municipal Regulations on Minimum Competency Levels (2007).
• Promotion of Access to Information Act 2 of 2000 (www.sahrc.org.za).
• Electoral Commission of South Africa: 2021 Local Election Reports (www.elections.org.za).