The Pietermaritzburg High Court has ruled in favour of the Abantu Batho Congress (ABC) and the ANC by halting the employment of Nhlakanipho Mvelase as the new municipal manager of the troubled eNdumeni local municipality.
The ABC and the ANC approached the court on an urgent basis to prevent the IFP-run local municipality, based in Dundee, northern KwaZulu-Natal, from allowing Mvelase to take office.
The temporary order handed down on Thursday will be effective until the full application has been heard by the court.
The urgent application was filed by Councillor Mbulelo Phakathi from the Abantu Batho Congress and Councillor Siphamandla Kheswa from the ANC. They cited irreparable harm should Mvelase be employed to replace Advocate Nontobeko Khambule, who by Monday this week had been told to pack and go.
In his affidavit, Phakathi told the court that late in August, the council met to discuss the employment of a new municipal manager to replace Siyabonga Ntombela (Khambule was then appointed to act), who left in May to join the office of the premier.
After receiving the report, he stated that the council recommended hiring Zenzo Masuku, a seasoned local government expert, for the position.
Should he decline the offer, Mvelase ought to be assigned to the role.
Thereafter, that should be sent to Thulasizwe Buthelezi, the MEC for cooperative governance and traditional affairs in KwaZulu-Natal, for ratification.
Embellished CV
Phakathi pointed out to the court that Mvelase does not have the required experience to be a municipal manager, and he allegedly lied in his curriculum vitae.
“The requirements for the advertised post were five years of relevant senior management experience. From a reading of the fifth respondent’s [Mvelase’s] curriculum vitae, it is clear that the fifth respondent has no previous experience as a municipal manager, nor has he ever been in a position that could demonstrate proven successful institutional transformation.
“The fifth respondent respectfully submitted that he misrepresented his experience in his curriculum vitae.
“The fifth respondent is alleged to have commenced employment with the Msinga local municipality as a finance officer in November 2013.
“This is highly improbable, as he completed his three-year diploma at the end of 2013. The position of finance officer in any event requires a candidate with at least three years of relevant experience,” Phakathi argued in the court papers.
Furthermore, Phakathi pointed out that the municipality has an Eskom debt that currently stands at R300-million, and there is no revenue enhancement plan in place.
According to the last audit outcome, said Phakathi, the municipality received a disclaimed audit opinion from the auditor-general, and a suitable person is needed to turn things around.
“There has been a decline in service delivery with streetlight and pothole issues. In my humble view, the challenges faced by the municipality require an experienced municipal manager.
“It is humbly requested that an interdict be granted and the status quo remain until the review application is disposed of,” said Phakathi.
Kheswa provided the court with a supporting affidavit to back up Phakathi’s claims.
Parties in agreement
The ABC and the ANC in eNdumeni have welcomed the ruling in a joint statement, saying that, faced with the prospect of the appointment of a municipal manager which was done in violation of the empowering legislation, they were left with no option but to approach the High Court for an interdict.
“Today we were vindicated when the court ruled in our favour, which means that the status quo in fact remains, i.e. Adv Khambule remains the Acting Municipal Manager, and Mr Mvelase is interdicted from taking up office as Municipal Manager of Endumeni.
“In the coming days, we will be submitting a substantive motion to the council, urging that a resolution be adopted for an investigation to be instituted against the mayor for a possible violation of the code of conduct for councillors in that he acted beyond his powers when he purported to appoint Mr Mvelase as municipal manager and also purported to terminate the secondment of Adv Khambule.”
