The City of Johannesburg is on the verge of a legal battle for its latest move to extend the acting arrangements of seven of its senior managers.
Declaring the process as flawed, the DA has written a legal letter to Cogta MEC Jacob Mamabolo demanding that he halt the pending process.
“All the acting officials were appointed for three months. As is clear from their appointment dates, all these officials’ respective acting stints have ended. Council may appoint such acting officials for a period not longer than three months. Council may not extend that period. Instead, council may apply to the MEC ‘in special circumstances and on good cause shown’ to extend the period of appointment for a further period that does not exceed three months,” reads the letter.
Among the top positions temporarily held in an acting capacity are that of city manager, chief operations officer, as well as other executives, heads of department and group heads.
Last week the city council passed a resolution to extend the acting arrangements of the cohort, the majority of which were appointed in December 2024 with the contracts ending in May.
The report, which TimesLIVE Premium has seen, details the senior manager positions that are currently filled and the existing acting arrangements.
It also requests council to authorise the city manager to apply in writing to Mamabolo for an extension of the acting period for another three months.
Under the Municipal Systems Act 32 of 2000, sections 54A and 56, which regulate the appointment of city managers and senior managers, stipulate that the council has the power to appoint.
However, the DA’s legal team argues that the council does not have the powers to approve or ratify acting roles as council’s role is limited to appointing an acting city manager for three months.
“If that three-month acting term expires, and the appointed person purports to act as city manager or senior manager, then council cannot extend, ratify, or approve that purported acting. That acting is unlawful and inconsistent with the constitution,” the DA wrote.
The DA has petitioned Mamabolo to refuse the request by the administration, arguing should the MEC approve the appointments, he will be acting unlawfully.
The DA raised red flags around the reasons given to support the request to the MEC for acting extensions, pointing fingers at the current administration for being 'coy' on why the positions remained vacant
Mamabolo told TimesLIVE Premium said his office had not received the legal letter from the DA, nor had he received the request by the city for an extension.
“We are not in possession of the documents of the city and therefore we are not in a position to comment. We cannot comment on what we have not seen,” he said.
The MEC said he would consult his office and respond at a later stage. His comment will be added once it is received.
Notable names up for an extension include acting city manager Tshepo Makola, formerly chief operations officer who assumed the role following the ousting of former city manager Floyd Brink by the courts.
The DA raised red flags around the reasons given to support the request to the MEC for acting extensions, pointing fingers at the current administration for being “coy” on why the positions remained vacant.
“These positions have been vacant for many months. The city must fill them, or the MEC must take steps to fill them. The city has no good reason to request an extension of the acting stints.”
The DA argued that any attempt by any of the seven acting officials to exercise public powers in an acting capacity would be unconstitutional, unlawful and invalid.
The party has demanded the seven officials declare in writing they have no authority to perform any duties in these roles and that any decisions taken by them will be nullified and reversed.
In its response, the city said: "Due process as stipulated in the local government prescripts has been followed.
"The procedure to appoint acting senior managers is regulated by the Municipal Systems Act, Regulations on Appointment and Conditions of Employment of Senior Managers, Municipal Staff Regulations, various directives, and circulars from Cogta, case law and City of Johannesburg system of delegations.
"The correct process as envisaged by the above regulatory framework is that council must approve the extension of the acting arrangement after the initial three-month period acting arrangement. Only after approving the extension may council seek the concurrence of the Cogta MEC. The sequencing is that council must first approve and thereafter seek concurrence of the Congta MEC.
"The main reason for acting appointments is the continuation of the business and operations of the city. There are several reasons which require an extension outside the initial three-month acting arrangement and may include:
- the recruitment process for the vacant position has not concluded;
- pending litigation (interdict) against an appointment, requiring an acting arrangement until the litigation is concluded;
- recruitment process concluding but does not deliver a suitable candidate, necessitating recommencement of the recruitment process; and
- pperational requirements demanding a review of the position.
"Recruitment adverts are issued after approval by council to commence the recruitment process for a vacant senior manager position, and in respect of the delay and not filling vacancies.
"The municipality must first approve the acting arrangements before seeking concurrence of the MEC with its decision to approve acting arrangements after lapse of an initial three-month acting period. This means the municipality must only write to the MEC after consideration of the acting arrangements report by the municipal council.
"The current acting arrangements report was approved by council on May 8 and after concluding an internal administrative process a letter seeking concurrence of the MEC was sent on May 14. Responses thereto are awaited."
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