The DA has unleashed its lawyers on Gauteng MEC for infrastructure development, cooperative governance and traditional affairs Jacob Mamabolo.
This follows what the blue party has termed an illegal request by the City of Joburg council following a meeting last week for the extension of seven acting senior managers of the city, including the city manager as well as the COO.
Critical posts remain vacant
The DA says Mamabolo has no right in law to approve the so-called extensions, and that as far as they are concerned, the seven critical posts remain vacant.
The DA has previously called for the removal of acting city manager Tshepo Makola and acting COO Helen Botes.
After the council meeting that sat last week and resolved, through the numbers of the ANC-led coalition, the DA has cautioned Mamabolo not to muddy his hands and set an ultimatum for Friday.
“We are instructed to demand that the MEC (Mamabolo) confirm in writing by 17h00 on Friday, 16 May 2025 that he will not approve any application by the Council for the extension of the above acting periods,” wrote MINDE SCHAPIRO & SMITH INC on behalf of the DA in a letter that we have seen.
“The Systems Act in fact obliges the MEC to take steps to address any appointment, including acting appointments, concluded contrary to the Municipal Systems Act. Our client’s rights remain strictly reserved, including without limitation to bringing urgent court proceedings to vindicate the rule of law and impose legal certainty upon the affairs of the city.”
Acting positions have expired
Mamabolo did not respond to requests for comment.
The DA insists that the seven acting appointments, in law, have all expired, as they have gone beyond three months, and that the MEC has no power to approve extensions.
As for the Joburg council, as far as DA is concerned, the resolution to ask Mamabolo to rubber-stamp the extension is something not within their purview.
“All the seven acting officials were appointed for three months. As is clear from their appointment dates, all these officials’ respective acting stints have ended. The council may not extend that period.
“Instead, Council may apply to the MEC ‘in special circumstances and on good cause shown’ to extend the period of appointment for a further period that does not exceed three months,” wrote the DA lawyers.
Council has no power to ratify roles
“Accordingly, Council does not have the power to ‘approve’ or ‘ratify’ acting roles. The council’s power is limited to appointing an acting city manager or senior manager for three months. The council does not have the power to do so under sections 54A and 56 of the Systems Act.
“Additionally, the item before Council recorded that any purported ‘extension’ or ‘ratification’ of acting appointments is contingent on the MEC’s approval. The implication is that all the seven senior manager offices — including the city manager — are vacant.”
In DA’s view, the Joburg council has failed to show “good cause” and demonstrate “special circumstances” in its “purported” resolution to request Mamabolo to ratify and approve the extensions.
No special circumstances
The DA insists that there are no special circumstances because the positions have been vacant for many months, and that the only power Mamabolo has is to ensure that the City fills the posts with long-term appointments.
“Any attempt by any of the seven persons listed above to exercise public powers in an acting capacity would be unconstitutional, unlawful and invalid. The continued exercise of municipal powers by any such persons, absent lawful authority, is a flagrant violation of the Constitution and applicable legislation.”
