Africa-Press – South-Africa. The City of Ekurhuleni has promoted its CFO Kagiso Lerutla to acting city manager despite a directive from a minister that his appointment to the municipality was unlawful.
Lerutla has been acting city manager since the council decision to place Dr Imogen Mashazi on special leave until her retirement date in August. This is despite the minister of co-operative governance and traditional affairs (Cogta) Velenkosini Hlabisa in May declaring that Lerutla’s appointment as CFO was invalid.
Lerutla’s current acting role as the city manager has raised the concern of many in the city who are worried it may find itself in a legal wrangle, as whatever he signs in this role could later be challenged as his appointment is invalid.
They say the fact that his appointment as CFO was deemed unlawful, with Cogta minister Velenkosini Hlabisa directing the municipality to axe him, makes his appointment as city manager illegal.
Hlabisa in May wrote to the MEC of Cogta, Jacob Mamabolo, saying the process followed in appointing Lerutla as CFO was not legal. Hlabisa raised several issues including how the position was advertised ahead of the appointment.
“The post of CFO was advertised as a five-year fixed term contract instead of as a permanent position and, accordingly, the employment contract was signed as a five-year fixed term contract instead of a permanent contract, which is in contravention of section 56(8) of the Municipal Systems Act as amended,” said Hlabisa.
He said the selection panel that dealt with Lerutla’s appointment was not constituted properly as it included three councillors instead of one as prescribed in law.
“Against the above disposition, it is evident that the appointment of Mr Lerutla is non-compliant with the provisions of the Systems Act and the Appointment Regulations,” said Hlabisa. “Furthermore, it is noted that the municipality has already expressed its unwillingness to comply with the corrective measures mandated by the MEC and has indicated its intention to pursue this matter in a higher court.”
Hlabisa said Lerutla’s appointment would be in contravention of the Municipal Systems Act which dictates how municipalities must be run.
“In light of these legislative provisions and the absence of anything to the contrary, the appointment of Mr KM Lerutla as the CFO is in contravention of the Municipal Systems Act and its regulations, and consequently is invalid,” said Hlabisa.
He directed Mamabolo, as the MEC of Cogta in Gauteng, to take “appropriate steps” to force the municipality to comply with his directive that Lerutla’s appointment was invalid.
The City of Ekurhuleni has maintained in a statement that Lerutla’s appointment was lawful and that it had followed the correct process.
Though Hlabisa gave Mamabolo 14 days to submit to him a report detailing how the invalid appointment of Lerutla would be resolved, 30 days later it appears nothing has been done — directly defying the minister’s order.
Instead, Lerutla has been promoted to acting city manager.
The city has also failed to put out a public advert to fill the position of city manager despite council giving the go-ahead.
Speaker of city council Nthabiseng Tshivhenga confirmed that the council had given the city the green light to advertise.
“Please note that all these processes are within the jurisdiction of the executive and the executive mayor is the person you should direct the questions to,” said Tshivhenga. “The council has authorised the executive to advertise the position.”
The offices of the mayor, Mamabolo and the council whip have not responded to questions sent to them last week.
Meanwhile, the City of Johannesburg announced a new acting city manager on Monday as seconded by Cogta MEC Jacob Mamabolo.
Kiba Kekana replaces Tshepo Makola, who took over the reins early this year. However, his three-month acting stint came to an end.
A council resolution was taken two weeks ago to request Mamabolo to second an individual to act in the position while the city looks for a replacement.
In a statement, acting executive mayor Kenny Kunene welcomed the move.
“This secondment will play a crucial role in the stability of the city as we manage the transition of the political and administrative leadership. We we wish to confirm that Mr Kekana will assume the acting city manager responsibilities with immediate effect to ensure certainty in the interest of governance and service delivery in Johannesburg.”
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