
Africa-Press – Eswatini. Sibusiso Nhlabatsi,a highly regarded human rights lawyer says, Minister of Housing and Urban Development Apollo Maphalala does not have powers in terms of the law, to force Mbabane Councillors to employ Gciniwe Fakudze as the new Chief Executive Officer(CEO).
The legal opinion of the lawyer comes amid tension between the Councillors and the Minister over the employment of the new Chief Executive Officer(CEO), with the Minister reportedly backing Gciniwe Fakudze to take over the powerful position after she came first during interviews.
Responding on Monday morning when asked to analyze the matter, the lawyer said,powers to employ the CEO for the Manicipality vests upon the Councillors adding that, even if Gciniwe Fakudze came first during interviews,the Councillors have powers to reject her if they have valid reasons to do so.
“Powers to employ the CEO is vested upon the Councillors and the Minister only approves what has been decided by the Councillors. So the Minister must allow the Councillors to do their job.Even if Gciniwe Fakudze came first during interviews,that does not mean the Councillors are obligated to automatically employ her. All the candidates recommended by the Consultant’s report qualify to be employed as CEO and therefore, the Councillors have powers to scrutinize them one-by-one and identify the right candidate. Coming first during interviews is not an automatic ticket to be employed because some people are fluent speakers only to find that,the other candidates know the job as well and are credible”, said the lawyer.
This PRESS previously reported that,the Housing and Urban Development Minister gave the Councillors an ultimatum to employ Gciniwe Fakudze as the new Mbabane Chief Executive Officer(CEO).
But the Mbabane Councillors are reportedly standing firmly in rejecting Fakudze despite consistent demands by the Minister directing them to employ her.
A source very close to the matter promised to leak recent documented reasons forwarded by the Councillors to the Housing and Urban Development Minister, for rejecting the former Matsapha Chief Executive Officer.
On another note, the lawyer told this publication that, Councillors represent the interests of ratepayers and therefore, they have a right to ensure that, they scrutinize each and every candidate to ensure the safety of public funds at the hands of the Chief Executive Officer(CEO).
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