The ANC in Tshwane is gunning for the head of city manager, Johann Mettler, saying his appointment is illegal and should be overturned.
George Matjila, ANC Tshwane regional secretary, said Mettler did not meet the required 12 years of experience at the time of his shortlisting and interview, highlighting that he was one year shy.
He said the Municipal Systems Act indicates that the selection panel should not include more than two councillors. But the panel that recommended Mettler had four councillors.
Appointment ‘null and void’
“The appointment of the city manager is null and void. It must be set aside through an application to the high court,” said Matjila.
He further stated that Mettler did not meet the minimum competency requirements outlined in the Municipal Finance Management Act (MFMA) at the time of his appointment.
The law allows newly appointed officials 18 months to meet the necessary financial and supply chain competency standards, he added.
Mettler was appointed on September 1, 2022. The ANC argues that by February 28, 2024, the 18 months period had expired.
“The said employment contract will terminate automatically within one month after the lapse of the 18-month period. Therefore, the contract of employment of the city manager has terminated automatically in March 2024,” said Matjila.
Matjila said the ANC will instruct its councillors to demand that the Speaker convene a special council meeting to address the matter. They want the council to pass a resolution that will allow for legal action to declare the appointment unlawful, irregular, and set aside.
DA slams move
Cilliers Brink, DA Tshwane caucus leader, said this move by the ANC is an indication that they wanted to replace Mettler with one of their own.
“Whatever legal pretext the ANC-led coalition devises, the point is that the party doesn’t want somebody in that position of municipal manager who exercises independent judgement and who doesn’t bend to party political loyalty and pressure.
“Let me just say something here about the importance of good, independent, [and] professional municipal managers. The reason why so many of these municipalities fail is because instead of appointing folks like Mettler to the position of municipal manager, the councils appoints recycled politicians,” said Brink.
He said the municipal manager is not meant to be a politician, compared to a mayor, calling this the perfect duo.
Selection panel was compliant
He also argued that the panel that recommended Mettler’s appointment was compliant with the regulations. Otherwise Gauteng MEC for Local Government would have noted it upon receiving the report.
He also said Mettler’s experience was also worthy as he was also involved in the drafting of the white paper.
“He is one of the most experienced local government practitioners still in service. Mettler also holds the legislated minimum competencies required in terms of the Municipal Finance Management Act,” said Brink.
