The Herald (South Africa)

Oh, what a tangle!

Court battle looms over new city boss

- Avuyile Mngxitama-Diko and Rochelle de Kock dikoa@timesmedia.co.za

THE mess over the Nelson Mandela Bay city manager position just got a whole lot messier. The saga is heading for the mother of all showdowns between Bhisho and the municipali­ty, as Eastern Cape Cooperativ­e Governance MEC Fikile Xasa insists that the post be readvertis­ed and the metro refuses to budge.

While Xasa claims the city did not follow proper recruitmen­t law in appointing Johann Mettler to the top job, the municipali­ty is adamant that it followed the law to the letter and will not readvertis­e.

The news of what is likely to be a messy, protracted fight between two tiers of government run by opposing political parties, comes with a twist – the man who lost out on the city boss post, Vuyo Mlokothi, has been given a top position in Xasa’s department. It also emerged yesterday that Mlokothi is preparing for a legal battle with the municipali­ty as he believes the council should never have rescinded the decision to appoint him in November.

The metro plans to oppose his court bid.

Xasa who, by law, has the final say over all senior municipal appointmen­ts in the Eastern Cape, has not authorised Mettler’s appointmen­t because he is not happy with the compositio­n of the recruitmen­t panel.

His spokesman, Mamnkeli Ngam, said: “The selection panel comprised more councillor­s than is provided for in the regulation­s.

“The MEC advised the metro to readvertis­e the post.”

Readvertis­ing the position could create uncertaint­y in the metro, particular­ly as the recruitmen­t process was already mired in controvers­y.

In November, the council backtracke­d on its decision to hire Mlokothi, who had scored the highest in the interviews.

Mayor Athol Trollip said at the time that Mlokothi had allegedly failed to disclose crucial informatio­n relating to his previous job.

Mlokothi landed a job as a deputy director-general in Xasa’s department this month.

Yesterday, Mlokothi confirmed that his lawyers had filed papers in the Port Elizabeth High Court.

“In my submission, I am of the view that Trollip misinforme­d the council, so the decision to rescind my appointmen­t was unlawful,” he said. “Trollip went to the council and said I had failed to disclose informatio­n.

“I told him I had signed a mutual separation agreement with Sita and it was confidenti­al and had a non-disclosure clause.

“I am convinced the decision was invalid and they rubbished my image.

“They took a decision which is unlawful and has no legal basis for them.

“I submitted the agreement to Trollip on November 15.

“Initially, I had refused because of the nature of the agreement.

“But as soon as Sita agreed that I could disclose it, I made it available to him.

“When [the council] met on November 27, he had the informatio­n.”

Mlokothi said his applicatio­n was not focused on Mettler but on the council, which he felt had been misinforme­d when it rescinded the decision to appoint him.

“Trollip keeps making reference in the media that I had a cloud – there is no cloud hanging over me,” he said.

“I resigned voluntaril­y. To continue to make such a reference is an attempt to tarnish one’s image.”

Trollip is, however, standing by his decision, saying the metro’s lawyers will handle the matter.

“He [Mlokothi] basically wants us to stick to the original decision to appoint [him] and to rescind the appointmen­t of Mr Mettler,” he said.

“I did not take the decision lightly or uninformed when I convinced council to rescind our decision.

“It was based on enough evidence to do so, I believe.”

The metro is adamant the city manager position will not be readvertis­ed as it

The MEC is not going to entertain any more explanatio­ns from the metro

feels it has complied with the provisions in the Municipal Systems Act.

Trollip’s spokesman, Sibongile Dimbaza, said: “As per regulation 12 (3) of the Municipal Systems Act, the selection panel for the appointmen­t of a municipal manager must consist of at least three and not more than five members.”

The panel comprised Trollip, deputy mayor Mongameli Bobani, corporate services political head councillor Dean Biddulph, City of Cape Town chief of staff Craig Kesson and acting executive director of corporate services Vuyo Zitumane. The observers were Trollip’s chief of staff, Kristoff Adelbert, representa­tives of municipal unions Samwu and Imatu, and someone from recruitmen­t firm Oceana HR Profession­als.

Dimbaza said the confirmati­on letter of those who constitute­d the selection panel had since been sent to Xasa so that he could sign off on the appointmen­t.

“The position will not be readvertis­ed as the recruitmen­t process was compliant and fair,” Dimbaza said.

But Xasa’s office said Trollip must readvertis­e the post “in the interest of cooperativ­e governance”.

Asked what would happen now, with the city standing by its decision, Ngam said: “The MEC is not going to entertain any more explanatio­ns from the metro.

“He made a decision and he expects the municipali­ty to act on his recommenda­tions.”

It was unclear if Xasa would turn to the courts to nullify the appointmen­t.

While the law states that the panel must consist of between three to five people, it is silent on the number of councillor­s allowed.

It states that the panel must consist of the mayor, a councillor designated by the council and at least one other person who is not a councillor or staff member of the municipali­ty, and who has expertise in the field of the post.

Mettler, whose job is on the line if Xasa refuses to back down, declined to comment, saying it would not be ethical as he had an interest in the matter.

 ??  ?? MAIN PLAYERS: Bay mayor Athol Trollip, centre, and Cooperativ­e Governance MEC Fikile Xasa are at loggerhead­s over the appointmen­t of city manager Johann Mettler, left
MAIN PLAYERS: Bay mayor Athol Trollip, centre, and Cooperativ­e Governance MEC Fikile Xasa are at loggerhead­s over the appointmen­t of city manager Johann Mettler, left

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