The Democratic Alliance (DA) in Gauteng says it has written to the speaker of council the MEC of Cooperative Government and Traditional Affairs (Cogta) about the appointment of Tshepo Makola as acting city manager which was not approved by Johannesburg council.
Makola was reportedly appointed acting city manager on 27 December, assumed the role earlier this month, however, it was approved by council on Friday, 17 January. This, after the Gauteng High Court in Johannesburg ruled that the city manager Floyd Brink’s reappointment was unconstitutional, unlawful and invalid.
DA SAYS PROPER PROCEDURES WEREN’T FOLLOWED WHEN APPOINTING ACTING CITY MANAGER
Makola, who previously served as the city’s chief operations officer (COO), will be acting city manager for three months while the metro embarks on a recruitment process.
TimesLIVE reported that a total of 242 councillors were expected to participate in the voting process, with 139 voting in favour of the appointment, 60 against and 41 abstaining. Two did not take part.
Following Makola’s appointment, DA caucus leader in Johannesburg Belinda Kayser said they are deeply disturbed by the willingness of the ANC-ActionSA-EFF coalition at the head of City of Johannesburg, to bend the rule of law once more.
Kayser said the metropolitan municipality has appointed Tshepo Makola as acting city manager without his appointment being approved by council.
“The Municipal Systems Act requires that an appointment of a city manager or acting city manager must be made by council before it takes effect.
“That means that the appointment of Makola can only truly take effect from the date it is approved by council, which was only on Friday. Makola has been illegally acting in the role from 27 December 2024, until this was approved by council,” she said.
Additionally, Kayser said the executive in the City of Johannesburg brought a report before council for nothing.
“This is not only strange, but is at its core an attempt to misconstrue illegality, given the fact that the power to appoint a city manager or an acting city manager is the exclusive responsibility of the Municipal Council.
“The coalition attempted to justify this appointment by citing historical delegations granted to the Executive to appoint an acting city manager during recess periods. However, the DA firmly asserts that no council delegation can supersede the provisions of national legislation, including the Local Government: Municipal Systems Act.”
Likewise, ActionSA also raised concerns about the omission of vital recommendations on the report tabled in council to ratify Makola’s appointment.
“ActionSA believes that it is paramount that any process that seeks to validate the appointment of the city’s accounting office is immune from legal loopholes or public scrutiny.
“It is worth noting that ActionSA is not against the appointment of the acting city manager, but the disregard of the critical inputs raised, hence the decision of our caucus to abstain from voting,” ActionSA caucus chief whip in Johannesburg Zark Lebatlang said.
WHY WAS FLOYD BRINK DISMISSED?
As previously reported, Brink was initially appointed city manager in February 2023 but was dismissed on 7 November 2023 after a court ruled that his appointment was unconstitutional.
The City of Johannesburg appealed the decision and its application was dismissed. Brink was then re-appointed on 29 November 2023, and the DA launched a court bid to challenge his irregular appointment.
The court ordered Brink to relinquish his permanent appointment within 10 days or as soon as an acting city manager is appointed, whichever occurs first.
WHAT DO YOU THINK ABOUT THE APPOINTMENT OF THE JOBURG ACTING CITY MANAGER?
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