Odendaal questions hiring of acting city manager in letter to MEC

Nelson Mandela Bay DA councillor Retief Odendaal has written to co-operative governance MEC Zolile Williams raising concerns about electricity and energy executive director Luvuyo Magalela’s appointment as acting city manager.

In letters sent to Williams, Odendaal called on him to probe the appointment and, if necessary, second a suitable candidate from the co-operative governance department.

Odendaal said mayor Gary van Niekerk had failed to subject his appointment to council and in turn opened the municipality up to adverse decisions.

Van Niekerk appointed Magalela to the post in December after chief operating officer Sidima Dyani returned to his post three months after the council approved him to act.

“While it is regrettable that the interim appointment of the acting municipal manager by Van Niekerk has not been regularised by council, I am also very concerned as to whether the current appointee is qualified to hold office,” Odendaal said in a letter sent on Monday.

“While I am uncertain as to whether Magalela’s qualifications meet the aforementioned requirements, I am well aware that he certainly does not have five years of experience as a senior manager.”

According to the Municipal Systems Act, a senior accounting officer must have a bachelor’s degree in public administration or political sciences, social services, law, or an equivalent qualification.

They must also have been a senior manager for at least five years.

Magalela did not respond to a request for comment.

Odendaal also wrote to Williams last week saying Van Niekerk had made no effort to inform the council about Magalela’s appointment.

“While it is common cause that no vacuum could be allowed in the office of the municipal manager after the departure of Dyani, the mayor has to date made no effort in approaching council to regularise and or condone the ‘interim irregular’ appointment of Magalela,” Odendaal said.

Williams’ spokesperson, Pheelo Oliphant, said the MEC would follow up on the letters.

Dyani declined to comment and directed all questions to Van Niekerk.

Van Niekerk said it was not the first time Magalela had been appointed as acting city manager.

“Magalela also acted under a DA administration under mayor Nqaba Bhanga.”

He said Odendaal’s letters were premature as he never approached his office for clarity.

“He is well aware a matter like this should be discussed in council which would give him all the clarity he needs.

“He has never asked my office for input though he openly admits all his questions are merely allegations.

“As a council member he must protect the integrity of the municipal council instead of just continuing with his political agenda and thereby bringing the good name of the metro into disrepute,” he said.

He said a letter had been sent to speaker Eugene Johnson’s office on December 19, a day after Dyani returned to his post.

Johnson could not be reached for comment.

Speaking on Van Niekerk’s response, Odendaal said the mayor should have done due diligence to ensure Magalela met the requirements.

“The reality is as mayor he can insist on having a meeting even without the speaker.”

On Magalela acting previously in the position, Odendaal said: “It is the most nonsensical defence I have ever heard.

“Just because something wrong has been done in the past does not mean it should be done again.

“At some stage in this city, we had a host of junior officials acting as city manager, even one who had a litany of serious charges against him,” he said.

The city has been without a permanent city manager since the suspension of fraudaccused Noxolo Nqwazi in October.