Co-operative Governance and Traditional Affairs Minister Nkosazana Dlamini-Zuma this week in Parliament said nearly 300 public servants are serving as councillors.
Back in September 2021, the Department of Public Service and Administration advised employees who stand as candidates for elections to inform their department heads.
At the time, the department said these measures would prevent a situation where an employee is elected as a part-time councillor and cannot carry out other remunerative work (ORW).
Public servants with councillor side gigs
According to Dlamini-Zumi, however, as of May 2022 some 281 public servants have been serving as councillors in their municipal councils.
Of those, 30 were still employed in national departments.
Meanwhile, the Department of High Education and Training recorded 21 public servants who serve as councillors, while the Department of Correctional Service reported five employees.
Saps reported two, the Department of Justice and Constitutional Development and the Department of Employment and Labour reported one each.
What does the law say?
A public servant could do part-time council work as a proportional representative, but this does not apply to ward councillors.
The Municipal Structures Act also states that a full-time councillor “may not undertake any other paid work, except with the consent of a municipal council whose consent shall not reasonably”.
Speaking to Newsroom 405, Chief Director of Public Administration Ethics, Salomon Hoogenraad-Vermaak, said if the person wants to be a full-time councillor, they should resign.
They can only apply for other remunerative work if they serve as part-time councillors.
If the full-time servants didn’t resign, they could be in contravention of sections 36(4) and 30 of the Public Service Act.
However, it cannot be said with certainty at this stage these employees didn’t follow due processes.
In a statement released by Moses Mushi back in August, the Department of Public Service and Administration is investigating the matter.
DA to submit follow-up questions
To ensure the matter moves forward, Democratic Alliance spokesperson Dr Mimmy Gondwe will on Tuesday submit follow-up questions to Dlamini-Zuma.
Dlamini-Zuma will be “requested to, among other things, confirm how many of the public servants who are currently serving as councillors have sought and obtained approval”, Gondwe said.
Meanwhile, the SA Democratic Teachers’ Union general-secretary, Mugwena Maluleke, said the issue “shows lack of leadership […] because each one should know its employees’ statuses”.
Additional reporting by Chris Ndaliso.
