Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)RegulationsLocal Government: Regulations on Appointment and Conditions of Employment of Senior ManagersChapter 6 : Termination of Service43. Dismissal for misconduct, incapacity or operational requirements |
| (1) | A senior manager may be dismissed for misconduct, for incapacity or for operational requirements if the municipality has complied with the relevant provisions of the Labour Relations Act. |
| (2) | If the municipality is of the opinion that a senior manager is incapable of carrying out the duties attached to the senior manager's post as a result of continuous ill-health or injury, the municipality may require the senior manager to undergo a medical examination by a registered medical practitioner nominated by the municipality and at the municipality's expense. |
| (3) | The record of any medical examination performed must be kept confidential and may be made available only— |
| (a) | in accordance with the ethics of medical practice; |
| (b) | if required by law or court order; or |
| (c) | if the senior manager has consented in writing to the release of such record. |
| (4) | The municipality may, on the basis of medical evidence, consider the dismissal of a senior manager on account of ill-health. |
| (5) | A dismissal on account of ill-health or injury must be done with due regard to items 10 and 11 of Schedule 8 of the Labour Relations Act. |
| (6) | If a senior manager applies for a discharge from service on account of continuous ill-health or injury, the provisions of subregulations (2) to (5) apply, with the necessary changes required by the context. |
| (7) | If a senior manager refuses or fails to be subjected to a medical examination, the senior manager may be dismissed for misconduct, subject to the Labour Relations Act. |