Meeting to ratify appointment of acting city manager called off

A council meeting called to ratify the appointment of electricity and energy executive director Luvuyo Magalela as Nelson Mandela Bay’s acting city manager was abruptly called off yesterday.

A circular sent by corporate services acting director Dumisa Mbebe to councillors said the meeting had been cancelled at the instruction of speaker Eugene Johnson.

No reason was given in the circular and Johnson did not respond to questions sent to her by the time of publication.

Mayor Gary Van Niekerk said he also did not know why the meeting had been called off.

“I also found out [yesterday] morning via SMS,” he said.

“We will have another meeting [tomorrow] and this item should then form part of the agenda.”

Johnson called the meeting on Friday after MEC Zolile Williams wrote to Van Niekerk asking him to explain why he had appointed an acting city manager without council approval.

He said this was irregular and could lead to the National Treasury withholding funds from the city.

Van Niekerk appointed Magalela to the post in December after chief operating officer Sidima Dyani returned to his position three months after the council had approved him as acting city boss.

Williams, in a letter to the mayor last week, said he had received two sets of correspondence from DA councillor Retief Odendaal.

He said the appointment could have serious legal implications, and result in financial loss for the municipality and serious reputational damage.

Irregular appointments had in the past resulted in the National Treasury invoking Section 216(2) of the constitution, giving it the power to stop the transfer of funds to a local authority, he said.

In a report to the council, Van Niekerk said he had appointed Magalela because the council was in recess.

“The resignation of the chief operating officer as the acting city manager left a serious administrative vacuum in the municipality,” Van Niekerk said.

“Given the importance of this position and the requirements to make sure that administrative decisions and leadership are not negatively affected, a decision had to be made for an interim solution by appointing someone to act.

“On December 19 2023, I contacted the Cogta [co-operative governance] deputy minister, the honourable Zolile Burns-Ncamashe, who confirmed that there can’t be a vacuum in the administration.

“I informed him that the council was in recess, and he then suggested I appoint an acting city manager and ensure that the council ratifies this appointment as soon as possible.

“The decision to appoint Magalela was taken so the municipality’s administrative and service delivery and governance obligations were not compromised.”

In his letters to Williams, Odendaal called on him to probe whether Magalela was suitably qualified to act as the municipality’s accounting officer and, if necessary, second a suitable candidate from his department.

He said Magalela might not have the required minimum of five years needed to act as the city’s accounting officer.

Supporting documents submitted for the council’s consideration by Van Niekerk before the meeting, however, state that Magalela has been an executive director since 2019.

His CV also reveals that he has a BTech degree and an MBA.

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.

He or she must also have been a senior manager for at least five years.