TWO political parties have challenged the validity of Khaya Ngema’s reappointment as Ekurhuleni’s city manager.
Both the Independent Ratepayers Association of SA’s (IRASA) Izak Berg and the DA questioned Ngema’s appointment, saying it was illegally done as due procedure for his reappointment was not done lawfully.
The issue was raised at last week Thursday’s council meeting after the DA said it discovered a South Gauteng High Court order against Ngema’s appointment.
EXPRESS reported during August that an application to invalidate the Ekurhuleni city manager’s employment contract failed at the South Gauteng High Court on August 13.
According to Berg, the court had ruled, about two weeks ago, Ngema’s reappointment as illegal and had given council 21 days to sort the issue out, which was still not done.
The case goes around Ngema’s contract, which was renewed in 2012, where the ruling party used its majority to keep Ngema in his position, according to the DA.
The council allegedly did not follow the Municipal Systems Act (MSA) – relating to the appointment of municipal managers.
“Ngema’s contract was extended by a further three years, illegally, as it can only be extended for one year before the post must be advertised according to the MSA to attract a pool of professionals nationwide,” Ekurhuleni DA’s caucus leader, Fortune Mahano, said in a statement.
When Berg and the DA challenged Ngema’s presence at the meeting, speaker of council Patricia Khumalo told the two parties that such an issue should not be discussed during a normal council meeting and a special meeting should rather be set up.
The DA requested a caucus meeting regarding the issue.
In the meantime, the DA has accused the ANC of “failing to ask Ngema to recuse himself” during council meetings and called for an urgent special council meeting.
They said Ekurhuleni must resolve the appointment of the city manager urgently.
“The DA advises that Ngema should no longer be present at council meetings while in his position as city manager is in question, and any decisions made in council with Ngema present could be challenged,” Mahano said.
“The ANC refused to comply with this request, which left Ngema in his usual seat in the chamber. The DA recorded its objection.”
The DA said it will continue “to uncover the litany of corruption within the metro” and make sure that those responsible for the corruption are dealt with accordingly.
The party will be seeking an external legal opinion and report the matter to the relevant organs of state.
