Xasa stands firm on new vacancy clause

EMALAHLENI local municipality has rescinded its decision to reappoint its municipal manager Dr Sitembele Vatala, which was taken last year without following proper procedure.

The resolution was taken at a special council meeting in the council chambers last week. Vatala was given three months as acting municipal manager.

EFF councillor Denise Mahola said they were against the move by council to allow Vatala to act in the position, and to sit on a selection panel for the recruitment of three municipal directors.

“The [council] decision to allow him to be part of the panel which will recruit a corporate services director, a community services director and an economic development tourism and agriculture director is wrong. [Their reasoning was that] he must finish the recruitment as he was busy with it before the rescission,” he said.

Cooperative governance and traditional affairs MEC Fikile Xasa said a circular was issued to municipalities which states that contracts of municipal managers that are ending must be advertised to give equal opportunity to all.

“The post must be advertised locally and nationally so that everyone gets the opportunity to apply.

“Unfortunately some municipalities are using section 57 (c) of the Municipal Systems Act which states that the contract of a municipal manager must stipulate the terms of the renewal of the employment contract, but only by agreement between parties,” he said.

Xasa said in 2014 they had passed regulations to stop the abuse of the clause.

“The new regulation states that if there is a vacancy for municipal manager it must be advertised on a media platform that reaches a wide array of people. There are municipalities who want to test this in court,” Xasa said.

Some municipalities believed renewing the contract before it ended was the right thing to do, he said.

“We are asking them to comply with the law and advertise the posts. It is unfortunate that they are advised by the same municipal managers who are affected so there is no objectivity,” he said.

“In Emalahleni there might be a technical problem by allowing the municipal manager to act for three months. When they rescinded his reappointment and allowed him to act, it is like taking a person from the street and allowing him to act for three months,” he said.

Emalahleni municipality spokesman Luthando Nqumkana did not respond to the questions sent to him. However, Emalahleni mayor Nomveliso Nyukwana said workers’ contracts were confidential.

“These issues are dealt with in the committee session and what is discussed there is confidential,” she said. —