The Endumeni local municipality, anchored in Dundee in northern KwaZulu-Natal, has been plunged into a fresh leadership crisis after opposition councillors filed an urgent application with the Pietermaritzburg High Court to halt the employment of Nhlakanipho Mvelase as the new municipal manager.
The urgent application was filed by councillor Mbulelo Phakathi from Abantu Batho Congress and councillor Siphamandla Kheswa from the ANC.
They want the matter to be heard on Thursday or on an earlier date, citing irreparable harm should Mvelase be employed to replace advocate Nontobeko Khambule in the IFP-run municipality.
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.
Requirements for the position
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 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.
Disclaimed audit opinion
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.
The respondents, who include the mayor, Mcebo Mkhize; Buthelezi; and the speaker, Andile Nsibande, are yet to file their responding papers.
