Rustenburg mayor Sheila Mabale-Huma has been threatened with legal action unless she reverses the “unlawful appointment” of Ashmar Khuduge as municipal manager.
Lawyers for Arona Civic Movement local councillor Hendrick Nke last Wednesday gave Mabale-Huma 72 hours to comply or face legal action over Khuduge’s appointment.
Sunday World learnt that Nke also gave the Department of Cooperative Governance and Traditional Affairs (Cogta) until Friday to comply, failing which both parties would be served with a court application on Monday.
His lawyers, C. Fourie Attorneys, said “the entire recruitment and selection process leading to the appointment of the municipal manager was marred and tainted with irregularities”.
According to C. Fourie Attorneys, the municipality used a non-accredited service provider to conduct competency assessments.
“[This] renders the appointment of the municipal manager null and void ab initio,” said C Fourie Attorneys.
Records show that the municipality used the South African Local Government Association (Salga) to provide the assessment services.
But Nke referred to the December 2017 Cogta circular to all municipal managers and heads of provincial departments responsible for local government in the provinces.
The circular confirmed that four pre-qualified and accredited companies were selected to provide psychometric and competency-based assessments to all municipalities.
The companies mentioned were Assessment Toolbox, Gijima Technology, Landelahni and Work Dynamics.
“Until such time that the multi-year transversal term contract has been concluded, all municipalities are required to continue to use one or a combination of the four trained and accredited panels of service providers,” reads the circular.
“Any assessment of a senior manager conducted by a service provider other than the ones highlighted above or not trained and accredited in terms of the Regulations by Cogta will render such an appointment null and void ab initio”.
‘Salga not accredited for competency assessments’
According to the circular, Salga’s application to participate in the panel of trained and accredited competency assessors on the Cogta batteries in terms of the Systems Act and Regulations will be considered when the bidding process for the multi-year transversal term contract opens.
“Salga is neither trained nor accredited to provide competency-based assessment services in municipalities,” C. Fourie Attorneys argued.
“Over and above that, Salga does not have the legal basis nor authority to provide these services in local government.”
The lawyers added that Salga’s competency assessment batteries were not in line with or in compliance with regulations. The regulations are the legal mandate of the minister and not that of Salga, the law firm added.
Nke’s attorneys submitted that municipalities were not allowed to use the Salga Managed Integrity Evaluation for competency assessment for the appointment of senior managers.
“Salga is not contracted by the Cogta to provide this service to the municipalities, and as such, municipalities are not allowed to use Salga for conducting competency assessments for senior managers.
The lawyers said Cogta did not recognise competency assessment results based on the competency assessment conducted by Salga. Thus, the minister wrote to the municipalities, informing them to make use of the four accredited service providers.
“The municipal manager who was appointed on the basis of the impugned decision of the municipal council continues to be gainfully employed at the expense of the public purse and the ratepayers of Rustenburg, which must not be allowed to endure a day longer,” the lawyers said.
Should Mabale-Huma fail, refuse, or neglect to act within 72 hours of receiving Nke’s letter, “we hold strict instructions to bring an urgent application to review and set aside the decision and failure to make a correct decision by the municipal council”.
The court application would include a costs order against a party opposing the motion, including an adverse punitive cost order.
This is a developing story. Comments from Mabale-Huma, Salga, and Cogta will be added later as soon as they are acquired.
