The appointment of Khumbudzo Nemavhidi to the role of CFO in the Lekwa Local Municipality (LLM) has attracted the attention of the MEC of Co-Operative Governance, Human Settlements and Traditional Affairs (CoGHSTA).

MEC Speed Mashilo wrote to Lekwa’s Executive Mayor Sifiso Mngemezulu that he did not support the appointment. This was in response to correspondence from Lekwa about a council resolution from September 17 to appoint Nemavhidi effective October 1.

In his letter, Mashilo requested the LLM to rescind the decision to appoint Nemavhidi, claiming that the LLM did not comply with the regulations of the minimum competency levels when appointing the CFO.

This regulation states that a person being considered for this position within a municipality with a budget equal to or exceeding R1m must have seven years of experience at a senior and middle management level, with at least two years at a senior management level.

The Standerton Advertiser attempted to obtain a comment from Nemavhidi; however, the municipality did not allow direct communication.

“Employees are not allowed to speak to the media unless authorised to do so,” stated Lubabalo Majenge, spokesperson for the LLM.

Majenge said the municipality followed the recruitment process for senior management positions according to Section 56 of the Municipal Systems Act, Act 32 of 2000, and regulations of the appointment and conditions of employment of senior managers.

These laws regulate appointment systems and mandate that a municipal council must appoint people in management positions after consulting the municipal manager.

The person under consideration for the position must have the prescribed skills, competencies, and qualifications. According to the LLM, their decision to employ Nemavhidi as CFO was based on his prior experience and qualifications, including 12 years as stakeholders liaison manager and audit manager at the office of the Auditor General of South Africa, a Bachelor of Accountancy degree from the University of KwaZulu-Natal and additional qualifications, including a Professional RGA certification and membership with the South African Institute of Government Auditors.

“He possesses extensive knowledge of the Municipal Finance Management Act, Public Finance Management Act, GRAP standards and National Treasury regulations,” stated Majenge.

When asked if the municipality would rescind Nemavhidi’s position as requested by CoGHSTA, Majenge replied that the CFO is already an employee of the municipality.

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DA councillor, Alberto Franco, finds this appointment unacceptable.

“According to the letter from CoGHSTA, Nemavhidi is not suited for the position. The municipality is ignoring instructions by appointing him to the role,” stated Franco.

He explained that CoGHSTA must take the matter further because the municipality ignored regulations, laws, and processes through this appointment.

Corné Stoltz of the Independent Lekwa Party shared correspondence with the MEC, where he formally protested the appointment of Nemavhidi.

“The decision, in our considered view, is irregular and unlawful, being in direct contravention of both the Municipal Systems Act and the Municipal Staff Regulations Act,” stated Stoltz.

Stoltz said these regulations stipulate the minimum requirements of upper management positions. According to Stoltz, the scoring process and selection report appear to have been manipulated to favour Nemavhidi as a candidate.

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Stoltz explained that the process followed in this appointment was procedurally flawed, as a notice to council was only issued on September 16, the evening before the appointment took place. Furthermore, members of the council could not open or view several of the supporting documents.

“To top it off, among the top three candidates, the other two were more suitable in terms of their skills, knowledge, expertise, and compliance with legislative requirements,” stated Stoltz.

He explained that these candidates were scored incredibly low, raising doubts about the fairness and integrity of the process.

During the council sitting, several deliberations were supporting and denouncing the appointment. According to Stoltz, the speaker of the council unilaterally appointed Nemavhidi to office.

“This was procedurally incorrect, as the decision does not lie solely with her, but with the full council,” stated Stoltz.

He also explained that where there is a matter of contention in the council chambers, the house must be divided and the members must vote on the matter. This did not occur with the appointment of Nemavhidi.

The council consulted Samuel Muedi, legal manager of the LLM, on the matter. Muedi requested seven days to respond in writing, and the council was urged to wait for his response before appointing Nemavhidi in this role.

“Regrettably, this caution was ignored and the appointment was pushed through prematurely,” concluded Stoltz.

However, certain parties within the municipality believe Nemavhidi is suitable for the position.

Collen Sedibe, EFF chairperson in Mpumalanga, stated that the Lekwa CFO was overqualified and met all the municipality’s requirements.

“The letter from the MEC is null and void. We are waiting for him to withdraw it after we have engaged him,” stated Sedibe.