The appointment of an unqualified candidate to a senior municipal position at iLembe District Municipality has been found to be irregular, following an investigation by the Public Protector.

Zwelibanzi Innocent Cele was appointed in 2023 as the manager of arts, culture and youth development, despite not meeting the advertised minimum qualification requirements.

The investigation stemmed from a complaint lodged on March 13, 2024 by Sthembiso Mfeka, the former manager who was transferred during municipal restructuring. Mfeka alleged the appointment was unfair and failed to comply with recruitment policies.

According to the Public Protector’s report, the June 2023 job advert required candidates to hold a bachelor’s degree in social science (NQF Level 7), five years of relevant experience, a valid driver’s licence and computer literacy. Cele held only a national diploma in language practice (NQF Level 6) at the time of application.

Despite this, Cele was shortlisted and ultimately scored highest in interviews. The report found that both the interview panel and the municipality’s HR unit were aware of the discrepancy but failed to act.

Municipal manager Sazi Mbhele claimed the bachelor’s degree requirement was a “typing error” and that the role should have required only a diploma. He also cited confusion within the national qualifications framework where diplomas and degrees were once considered equivalent.

However, the Public Protector dismissed this defence, stating the job advert was an approved, binding document. The failure to amend or withdraw it before shortlisting was deemed negligent and in violation of Section 195 of the Constitution, which outlines principles for fair and accountable public administration.

Furthermore, the Municipal Systems Act confirms the initial advert’s requirements that a candidate for the manager role would need, at minimum, a bachelor’s degree.

The Public Protector’s report concluded that the municipality’s conduct amounted to maladministration and improper conduct.

As part of remedial action, Mayor Thobani Shandu has been directed to table the report before council within 30 days and consider correcting the irregular appointment. Mbhele has been ordered to initiate disciplinary action within 60 days against all officials involved.

The municipality must also provide training to managers and HR staff on lawful recruitment practices.

Neither Cele nor the mayor responded to the Public Protector’s request for comment during the investigation.

iLembe District mayor Thobani Shandu confirmed that the municipality received the public protector’s report on the irregular appointment of Cele on October 1.

Shandu said the municipality would release its official position once the council had adopted a resolution.

“The non-submission of written feedback on the initial draft report was not intentional, nor was it meant to undermine the public protector’s authority,” said Shandu.

“My understanding was that those interviewed by the public protector had the primary opportunity to respond to the draft findings.”

The Courier has also approached Cele for comment. He had not responded at the time of publication.

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