Municipal manager works under expired contract

The MEC for cooperative
governance and traditional affairs (Cogta), Busisiwe Shiba, reminded the executive mayor of TCLM, Friddah Nkadimeng, that Matsi’s contract had to be revised, but the letter was not adhered to.

“The municipal manager was appointed in the middle of the two local government elections. Therefore her current contract is not valid. She only had a two-year contract,” said Comfort Sibiya, a DA councillor.

The correspondence from the MEC was also sent to Nkadimeng on August 21 last year.

Also read: Beware of scam artists illegally selling land, warns municipality

This notion of contract issues was put forward by the DA in a special council meeting on Thursday March 31, according to item A64/2022.

“There is nothing illegal about the conclusion of the MM’s employment contract. The same legislation referred to above, i.e., section 57 of the Municipal Systems Act of 2000, enables municipal councils to appoint municipal managers for a term not exceeding five years. There is, therefore, nothing sinister about the appointment of the MM for the term of five years. It was understood by both council and the MM that despite the term of the MM’s contract, they are bound by the provisions of section 57(6) of the Municipal Systems Act. This is not a situation peculiar to only Thaba Chweu Local Municipality, but to several municipalities in Mpumalanga and other provinces,” said Themba Sibiya, spokesperson
for TCLM.

In reply to the comment from TCLM, Sibiya said that MMs are allowed to work for one year after the local government elections, but that they do not have a current contract.

“We requested that the mayor clarify the legislation that governs the appointment of senior managers, as well as a progress report regarding the dispute about the irregular term of the contract of the municipal manager. She did give clarification on the legislation.

However, she also mentioned that the engagements with Cogta regarding the disputed and irregular contract of the municipal manager are still ongoing.

The DA is in the possession of correspondence from the
Mpumalanga MEC for Cogta, Busisiwe Shiba, dated August 26 last year.
In this letter the MEC reminded the executive mayor about letters from
Cogta that advised the executive mayor to amend the contract of employment of municipal manager,” said Sibiya.

The five-year fixed employment contract is contrary to the section 57(6)(a) of the Municipal Systems Act of 2000, which states: “The employment contract of the municipal manager must be for a fixed term up to a maximum of five years, not exceeding a period ending one year after the election of the next council of the municipality”.

Also read: New Wendy house for Soli Deo Gloria a gift from God

“It has become clear that the executive mayor has neglected her duties and in the process she intentionally misled the council and other stakeholders, including civil society, while condoning and promoting irregular appointments of staff in the municipality. Cogta has already deemed the employment contract of the municipal manager to be irregular and, as such, the DA has determined that a legal contract for the municipal manager should have ended on March 1,” said Comfort Sibiya.