Oh, what a tangle!
Court battle looms over new city boss
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that Mlokothi is preparing for a legal battle with the municipality as he believes the council should never have rescinded the decision to appoint him in November.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.