HOLDING INSURERS TO ACCOUNT

It pays to keep a sharp eye on all parties involved in a claim

Our front page story on the Grahamstown High Court judgment which reiterates that it is illegal for councils to extend contracts of municipal managers without advertising the post, may help deal with the rampant corruption eating at local government across the country. Judge Murray Lowe’s judgment is the result of an application by co-operative governance & traditional affairs MEC Fikile Xasa for the court to review and set aside a Walter Sisulu municipality decision in July to renew the contract of municipal manager Thembinkosi Mawonga.

When Mawonga’s five-year contract expired, the council took a shortcut, and in the process flouted the rules in the Municipal Systems Act (MSA) which requires that a post be advertised nationally to ensure a competitive process in recruiting a new municipal manager.

In the Walter Sisulu case, the council approved Mawonga’s extension of contract, but later wanted to rescind it.

Lowe ruled that the council’s decision to rescind its resolution was flawed and should be set aside – but also that its original resolution to renew the contract was flawed as it did not comply with the MSA, a ruling which set aside Mawonga’s second contract.

The amended act, which forbids any council from extending contracts without advertising the post and following proper recruitment processes, was adopted seven years ago, in 2011. It is surprising that so many years on, there are councillors, like those in Walter Sisulu, who choose to act illegally, as they did in Mawonga’s case.

Xasa must be commended for taking this battle to the courts.

The important lesson out of this is that if anyone, including Mawonga, thinks they are the best person for such a high position, why not subject yourself to proper recruitment processes? It will save you money and time.

The next important step for Xasa is to get rid of all the municipal managers who secured their current positions through this flawed route.

This is the accounting officer of a municipality – the final eye, the one who must oversee how other officials apply all our rules and laws.

It is important that, as a municipal manager, she or he leads by example.

This is the accounting officer, the one who must oversee how other officials apply all our rules, laws