The DA in Ekurhuleni is concerned with the ANC’s consistent disregard for the Rule of Law.
This follows the ruling party’s apparent failure to adhere to the Municipal Systems Act and Regulations, Act 32 of 2000 as amended in the Appointment and Conditions of the Employment of senior managers.
According to Daniel Nxangani, PR councilllor in Ekurhuleni, since August 2016 to date, the following senior positions have been filled without following the due process:
- City Manager
- Head of Department (HOD): Transport
- Head of Department (HOD): Executive Support
- Head of Department (HOD): Strategy and Corporate Planning
- Group Chief Financial Officer, Head of Department (HOD): Sport, recreation, Arts and Culture
- Head of Department (HOD): Economic Development
- Chief of Police in Ekurhuleni Metropolitan Police Department
- Chief Operating Officer
- Head of Department (HOD): Disaster and Emergency Management
“What we find as concerning and in violation of the law is that the same external expert has sat on the interview panel for all the above-mentioned positions.
“In terms of Section 12 (4) (c) of the Local Government Regulations on Appointment and Conditions of Employment of senior managers, at least one other person, who is not a councillor or a staff member of the municipality, and who has expertise or experience in the area of the advertised post must be appointed in the panel.
“The question then is ‘who is that person’, for surely the ‘expert’ cannot possibly have the expertise or experience in all 10 of the positions that have been recently advertised and filled?
“Although the expert’s credentials are impressive, what qualifies her to be an expert in finance, transport, sports and policing? How is she proficient in all these varied fields? Something is definitely amiss here.”
Nxangani said another concern with these appointments is that the Ekurhuleni metro has failed, on numerous occasions, to include other political parties in the selection panels for these high ranking officials.
“We are a multi-party democracy, yet the only parties represented in these selection panels are the ANC and its coalition partners.
“If the ANC and its coalition partners have nothing to hide, surely some members from the official opposition could be appointed into the selection panel to ensure better oversight over the selection process.”
Furthermore, Nxangani said as the DA they believe in transparency, inclusivity and the rule of law.
“We refuse to be spectators while the ANC and their cronies promote cadre-deployment and sub-standard performance in our metro. Until the race against corruption is won, we will continue to hold the ANC to account,” Nxangani said.
- Metro’s response
According to metro spokesperson Themba Gadebe, the appointments were all done in terms of Sections 10 to 17.
“These regulations stipulate the entire process from start to finish. Before the metro can even advertise the post, it must seek approval from council and even the panel that carries out interviews is approved by council.
“Once adverts have gone out, shortlisting has happened and interviews have taken place, the metro then prepares an item for approval by the council.
“After the council has resolved on the suitable candidate(s), a written report as contemplated in Section 17 of the Regulations is forwarded to the MEC for Co-operative Governance and Traditional Affairs (COGTA) for concurrence.
“The said report contains a comprehensive report on the steps taken and processes followed by the City in the recruitment, selection and appointment of the successful candidate.
“This was the case with these appointments.”
Gadebe said it is informative to note that Section 56 (5) of the Municipal Systems Act empowers the MEC responsible for local government to take steps to cause the municipal council to rectify any contravention of the Act should such be brought to the attention of the MEC or should the MEC become aware of same.
“In all the instances wherein the metro has appointed senior managers the processes followed have been found by the MEC, and by extension the minister of COGTA (in terms of Section 56 (4A)(b), to be compliant with the provisions of both the Act as well as the Regulations,” Gadebe said.
