The Inkatha Freedom Party (IFP) in uMkhanyakude District Municipality is deeply concerned following the Acting Municipality Manager illegally appointing a CFO and other senior staff members without the Council’s approval.
The IFP has noted much misconduct within the Municipality and has informed the Office of the MEC for COGTA but to date, nothing has been done. We therefore feel the need to inform the media – and the public at large – that uMkhanyakude District Municipality operates as if it exists in a banana republic.
The Municipal Systems Act, as amended by Government Notice No. 46740, of 17 August 2022, stipulates the Council must appoint all the high-ranking positions.
However, in uMkhanyakude, these appointments are made by the Acting Municipal Manager.
The current Acting Municipal Manager (Mr WM Nxumalo) was not appointed by the Municipal Council, as clearly outlined in section 54A(1)(b). Such renders his acting capacity illegal and unlawful, and therefore null and void under the current circumstances. His acting capacity now equates to eight (8) months without compliance with sub-section 2(b)(application to the MEC to extend acting capacity).
This illegitimate Acting Municipal Manager has appointed numerous staff members who are below section 56 Managers; he has recently appointed an Acting Chief Financial Officer, which is also the competency of the Municipal Council. All appointments that he has sanctioned are illegal and unlawful and therefore null and void because they are being derived from the state of illegality. This further includes all decisions taken by the same illegitimate Acting Municipal Manager from August 2022.
Mr Nxumalo’s two predecessors were also not appointed by the Municipal Council in terms of this Act, namely Dr SR Ntuli and Dr Sibeko. Their appointments and decisions are consequently also illegal and unlawful.
The IFP is therefore calling upon the current Acting Municipal Manager to vacate the Municipal premises within seven (7) days. Failure to do so will force the IFP to approach the High Court to secure an interdict. Alternatively, COGTA must intervene within the period mentioned above to redeem this situation.
IFP Umkhanyakude District Municipality
IFP Chief Whip Cllr Sihle Ndlovu