The continued appointment of the acting municipal manager of the Nelson Mandela Bay Metro, Themba Hani, is unlawful from today.
Resolution 17 of the metro council, taken in March this year, stated that:
“The extended acting appointment period commences on 19th March 2012 and terminates on 18th July 2012 or upon the appointment of a municipal manager, whichever occurs first”.
I have written to the Speaker of the Provincial Legislature asking for a snap debate on this matter when the Legislature has its sitting next week.
This abuse of power and flouting of council resolutions by both the MEC for Local Government, Mlibo Qoboshiyane, and the Executive Mayor of the metro, Zanoxolo Wayile, is being condoned by extending the appointment for a further period from today.
This extended acting appointment makes Hani’s continued employment unlawful.
In terms of section 54(A) of the Municipal Systems Act section (1) (b) a municipal council must appoint an acting municipal manager under circumstances and for a period as prescribed.
Having written a second letter to the MEC in this regard I am yet to receive a reply thereto.
The continued employment of Mr Hani as acting municipal manager from today will be a case of fruitless and wasteful expenditure — while he enjoys a salary until a new municipal manager is appointed.
Why, when the extended appointment of Mr. Hani took effect in March, were processes not put in place to ensure the appointment of a permanent municipal manager was finalised by today?
The high-handed handling of this matter is unbecoming of the MEC and the Mayor. Both need to be taken to task for allowing this illegal appointment to take place.
As political leaders it is incumbent upon an MEC and an Executive Mayor to lead diligently and by example, upholding the law and respecting the timeous implementation of council resolutions.