By George Matjila
ANC Great Tshwane Regional Secretary
The African National Congress has noted that the appointment of the city manager of the City of Tshwane Metropolitan Municipality was conducted in a manner that creates a mockery of prescripts on appointment of senior managers.
The process was further characterized by a contemptuous disregard for the law in order to advance narrow interests of a few.
With that said, the appointment is found wanting on the following grounds:
-On lack of relevant experience
The Position of the City Manager was advertised on 13 March 2022.
The appointment was approved by council on 1 August 2022.
The appointment requirements of the position of the city manager were captured on a relevant advertisement which was attached to a report to Council.
The applicants were required to have 12 Years experience, of which at least 5 years must be at senior management level.
Mr. Mettler did not possess the required experience i.e. 12 years’ experience at the time of shortlisting and interviews.
He only had 11 years’ experience and this fact was overlooked by the Selection Panel.
He should have been eliminated at the initial stage of shortlisting.
His inclusion onto the names of the shortlisted candidates is unlawful and irregular.
Therefore, the appointment of Mr.Mettler as the City Manager is null and void and stands to be set aside in a competent court.
-On illegal composition of the Selection Panel
The selection panel for the position of the city manager is governed by the Municipal Systems Act (The Act).
The said Act prescribes the composition of the selection panel for the appointment of the city manager.
According to the said Act, the panel which was appointed by council, in order to make recommendations for the appointment of a candidate to a vacant city manager position, was supposed to include a maximum of 2(two) councillors, but it instead included 4(four) councillors, which is in contravention of the Act.
The Act provides that, a decision to appoint a person as municipal manager and any contract concluded between the municipal council and that person in consequence of the decision, is null and void if the appointment was otherwise made in contravention of the said Act.
Therefore, the appointment of the city manager is null and void, and must be set aside through an application to the high court.
-On failure to meet the MFMA (Municipal Finance Management Act) Minimum
Competency Requirements
The MFMA provides that the accounting officer and all other officials of a municipality, or municipal entity involved in the implementation of the supply chain management policy of
the municipality or municipal entity must meet the prescribed competency levels.
This is to ensure that the individuals holding key financial and supply chain management positions within municipalities possesses the necessary skills and knowledge to effectively
manage public resources.
The said competency levels are provided for, in the Municipal Regulations on Minimum Competency Levels, 2007 (the Regulations).
The Regulations provide that, a person appointed as a financial or supply chain management official on or after the date of commencement of the said regulation who does not meet the minimum competency level in the unit standards for a competency area, required for the
position in terms of these Regulations, must attain that minimum competency level within 18 months from the date of appointment.
When the City Manager was appointed on 1 September 2022, he entered into a contract of employment with the Council, represented by the Executive Mayor for a fixed term of 5 years.
Upon his appointment, the City Manager did not meet the Minimum Competency Levels prescribed by the Municipal Regulations on Minimum Competency Levels, 2007.
The said Regulations were passed in terms of the Municipal Finance Management Act
Given that the City Manager did not meet the Minimum Competency Levels at the time of appointment, the City Manager’s continued employment by the City is subject to attaining such competency requirements within 18 months, from the date of his appointment.
A period of 18 months, calculated from the date of the City Manager’s appointment i.e. 1 September 2022, lapsed on 28 February 2024.
The Regulations provide that the said
employment contract will terminate automatically within one month after the lapse of the 18-month period i.e. within the month of March 2024.
Therefore, the contract of employment
of the City Manager has terminated automatically in March 2024.
His continued employment by the City is therefore unlawful.
To this end, the ANC will request its councillors to ensure that the Speaker is requested to convene a special council meeting, as soon as possible, in order to allow the council to take
a resolution on the validity of the appointment of the city manager.
The ANC will further request its councilors to be guided by the rule of law in ensuring that illegal appointment is reversed, by adopting a resolution to file an application for a declaratory order, to declare the appointment of the city manager unlawful, irregular and set
aside.
The ANC will make every effort to ensure that the City of Tshwane, as a creature of statute, conducts its business within the letter of the law and that this flagrant disregard of a statute,
is promptly corrected.