Note to Editors: Please find an English soundbite by Cllr Belinda Kayser-Echeozonjoku here
The Democratic Alliance (DA) in Johannesburg is deeply disturbed by the willingness of the ANC-ActionSA-EFF coalition at the head of City of Johannesburg, to bend the rule of law once more.
The City has appointed Mr Tshepo Makola as Acting City Manager without his appointment being approved by Council.
The Municipal Systems Act requires that an appointment of a City Manager or Acting City Manager must be made by Council before it takes effect.
That means that the appointment of Mr Makola as Acting City Manager can only truly take effect from the date it is approved by council, which was only today. Mr Makola has been illegally acting as the City Manager from 27 December 2024, until this was approved by council.
When former City Manager, Floyd Brink, was appointed, we warned that it was illegal, irregular, and ultimately unconstitutional. The courts ultimately agreed with this, and today the city runs the very same risk.
The DA, as expressed during the council sitting today, must draw both the City and Council’s attention to section 54A of the Municipal Systems Act, which clearly states that only Council has the authority to appoint a City Manager or an Acting City Manager.
Court precedent in this regard has also been set, like in the case of Democratic Alliance v Kouga Municipality and Others. The judgement underscores that the authority to appoint a Municipal Manager, including an Acting City Manager rests solely with the Municipal Council as quoted in section 54A of the Municipal Systems Act.
The Executive in the CoJ brought a report before council today, for noting. This is not only strange, but is at its core an attempt to misconstrue illegality, given the fact that the power to appoint a City Manager or an Acting City Manager is the exclusive responsibility of the Municipal Council.
The coalition attempted to justify this appointment by citing historical delegations granted to the Executive to appoint an Acting City Manager during recess periods. However, the DA firmly asserts that no council delegation can supersede the provisions of national legislation, including the Local Government: Municipal Systems Act.
The above is clearly stated in Schedule A of the Act:
“1. All powers, functions and duties delegated shall:
1.1 not be, or executed in a manner that would be, in conflict with any applicable legislation; “
We will not accept this blatant disregard for the rule of law. The DA has written to the speaker to place her on terms, alongside the Gauteng MEC of Cooperative Government and Traditional Affairs (CoGTA) to remind them of the fact that in an almost identical case the court sided with the DA, and granted us a cost order against the City – less than a month ago.