BCM appointment ‘unlawful’ – DA

Legal report, competency ‘ignored’

BUFFALO City Metro city manager Andile Sihlahla last week failed to provide the legal opinion report to clear the appointment of the metro’s new head of human settlements, despite being requested to do so by the council.

Luyanda Mbula was recently appointed to the troubled directorate after it had operated without a permanent head for more than a year and indications are that he will assume office on Monday.

Neither the DA nor the EFF approved his selection during a closed session during a special city council meeting two weeks ago.

Sihlahla revealed that Mbula had a criminal record [crimen injuria committed in 2012] and said state security stated that Mbula and others “committed minor offences in terms of Schedule 6 offences and also 10 years has lapsed since they committed the above-mentioned offences and therefore are considered to have been rehabilitated”.

Disgruntled councillors said 10 years had not lapsed in Mbula’s case and demanded proof from Sihlahla that this was the case .

The council further resolved that legal opinion be solicited to delve into the unsuitability of Mbula as a candidate with his basic competence as submitted by data security company Gijima.

This after it emerged that Mbula had received a “basic” overall achievement score for core competencies during his employment assessment.

Instead of providing the requested information in a council meeting held last week as agreed, Sihlahla requested that council allow him an extension to table the legal opinion pertaining to Mbula’s criminal record in the next council meeting.

He also requested an extension to explain further on Mbula’s competency score.

The next council meeting is on February 28.

However, EFF caucus leader councillor Chumani Matiwane said: “They have already approved the appointment. We don’t think the report will come. What will happen when the legal opinion comes back with opposing results?

“How do you appoint someone who is not fit to hold office? Then they will complain when there are problems in the future but they appointed this person knowing that he was not competent.”

DA caucus chairman Vaughan Holmes said the party had taken the matter up and submitted a report that will be handed over to the MEC for cooperative governance and traditional affairs, Fikile Xasa, calling for an investigation to be conducted.

“We believe this appointment was irregular and unlawful. We want the MEC to investigate. In council we requested the council speaker, Alfred Mtsi, to grant us a division vote [show of hands] on the matter and he flatly ignored us. There was also crucial information that was missing in Mbula’s report while other candidates had all the required information,” said Holmes.

BCM spokeswoman Bathandwa Diamond declined to answer questions sent by the Saturday Dispatch, saying the matter was confidential. —