The City of Tshwane risks having its section 56 senior managers in the city removed from their posts after serious irregularities were flagged.
On Friday, Gauteng co-operative governance and traditional affairs MEC Jacob Mamabolo wrote to Tshwane mayor Nasiphi Moya detailing how the recent appointment of a management support officer was irregular, and calling for it to be rescinded.
However, all the current senior managers, including city manager Johann Mettler, were appointed after having followed the same process.
If implemented without challenge, this will see the removal of the city’s top brass, including Mettler, CFO Gareth Mnisi, COO Vuyo Zitumane, chief of emergency services Moshema Mosia, chief of police Yolanda Faro, chief audit executive Makhapule Khoza and governance and support officer Ashraf Adam.
Should the MEC insist on following the regulations as stipulated, all eight senior managers could face the chopping block.
The governance saga surfaced after the mayor’s office wrote to the MEC in February, submitting an appointment report citing the completion of the recruitment process and outcome for the position of management and support officer.
The leaked letter from Mamabolo seen by TimesLIVE Premium details “matters that are in contravention of the regulations on the appointment and conditions of employment of senior managers”.
It highlights the noncompliance of the composition of the selection panel as a glaring transgression.
“Regulation 12(4) of the regulations prescribes that a selection panel for the appointment of a municipal senior manager directly accountable to the municipal manager should be made up of the following members, who are supposed to be no less than three and no more than five:
a) The municipal manager, who will be the chairperson
b) A member of the mayoral committee or councillor who is the portfolio head of the relevant portfolio
c) 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”
However, it appears that the City of Tshwane has not been adhering to this stipulation, dating as far back as 2022/23.
We can’t fire people because the city botched the process, they did not appoint themselves. We need to find a way for the city to find themselves with the MEC and resolve the matter amicably and regularise them.
— Senior official
Mamabolo flagged this, saying the recent selection panel was composed of more than one councillor from the municipality, which contravenes regulation 12(4).
“Additionally, I could not identify a member of the panel who can be deemed to have expertise or experience in the area of the advertised post as required by regulation 12(4).”
Given this revelation, the MEC declared the composition of the panel legally flawed, which renders all decisions made by the panel null and void due to noncompliance with the applicable legislative requirements.
A coalition insider said the legislative irregularity raised by the MEC now posed a threat and ultimately questions the appointment of section 56 managers by council.
“It has come to light that a cloud of uncertainty now exists within the organisation. The city is now faced with the imperative task of self-reflection and taking necessary steps to rectify the situation. This includes removing all section 56 managers who were appointed through a selection panel that is in violation of regulation 12[4] of the regulations.”
Another senior official close to the process is opposed to the move, saying such a drastic move would be institutional suicide.
“All the other senior manager appointment panels had two politicians on the panel, dating back to Cilliers Brink’s tenure. All of those were approved — why is the MEC taking exception to this one alone? The court ruling says there must be one, it does not expand and say there can only be one.
“If everyone must be rescinded, what do we say of their labour relations rights? We can’t fire people because the city botched the process, they did not appoint themselves. We need to find a way for the city to find themselves with the MEC and resolve the matter amicably and regularise them.”
Tshwane mayoral spokesperson Samkelo Mgobozi confirmed that the mayor has received the mecs letter and has written back to the MEC.
Moya will only respond to queries once the MEC has given her a response.
This is a developing story
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