Procedural flaws in re-appointment of Mogale’s municipal manager

The appointment of Mogale City’s municipal manager, Dan Mashitisho, has long been of great debate. Now, AfriForum says it will put pressure on the case until it has legally been resolved.

The appointment of Dan Matshitiso as Mogale City’s municipal manager has been declared unlawful by the Gauteng MEC for Local Government and Housing, Humphrey Mmemezi, the Star reported in 2012.

According to AfriForum’s provincial coordinator for Gauteng South, Chris Fourie, the Supreme Court of Appeal of South Africa found in September this year that the renewal of the contract of Mashitisho by the Mayor of Mogale City, Koketso Calvin Seerane, had been procedurally defective.

“Claiming to act on behalf of the Mogale City Municipality, Seerane concluded a written agreement with Mashitisho on 11 November 2011 to extend his appointment to 30 September 2016. The mayor was supported in this regard by the municipality’s Mayoral Committee. The appointment was then conveyed to the Municipal Council on 28 February 2012, which the council only noted, yet never ratified this action by the Executive Mayor,” said Fourie.

AfriForum has written to Jacob Mamabolo, the MEC of Co-operative Governance and Traditional Affairs, requesting him to take the necessary disciplinary action against Seerane and other members of the Mayoral Committee.

“The mayor and his committee were in breach of the code of conduct of councillors as well as the Local Government Municipal Systems Act. Section 54A(1)(a) of the Act decrees that the Municipal Council itself must appoint the Municipal Manager,” he said.

AfriForum will monitor the matter and apply the necessary pressure to the MEC to fulfill his legal obligations.

Upon responding to the claims made by Fourie, Nkosana Zali, Mogale City’s spokesperson said the statement by AfriForum (Fourie) is nothing but political posturing and falls to be rejected.

“What AfriForum fails to state in its statement is that the Muldersdrift Sustainable Development Forum, who declined the emergency site and services programme because it might bring ‘thieves into the area’, approached the court to set aside the case of the ‘unlawful’ appointment of the municipal manager,” he said.

According to Zali, the application was dismissed by the High Court. The Supreme Court of Appeal, in also dismissing the appeal, specifically said that it will not be in the interest of the residents of the municipality to declare the contract or appointment invalid.

“They also said that the appointment of the municipal manager should be allowed to subsist until its term ends.”

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