Acting MM appointment deemed ‘unlawful’

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Sthembiso Mthembu

Department of Co-operative Governance and Traditional Affairs (CoGTA) MEC, Sipho Hlomuka, has deemed the appointment of the new Acting Municipal Manager, Sthembiso Mthembu, as “irregular, invalid and unlawful” in a letter addressed to Newcastle Municipal Mayor, Xolani Dube.

The appointment of the new acting municipal manager was discussed in a special council meeting which took place on 26 January and, according to sources, the meeting concluded at around midnight with no acting municipal manager being appointed at that time.

It is alleged that Mthembu had already assumed his role as acting MM while the meeting was still in progress and also issued a letter, dated 26 January, lifting the suspension of the manager in the office of the mayor, Melusi Ndima, in his capacity.

It has been made public knowledge that Mthembu and Ndima were also colleagues at the Endumeni Local Municipality.

Mthembu held a position as the Corporate Services Director and Ndima as the Manager in the Office of the Municipal Manager at the same municipality.

The letter from CoGTA said Mthembu had informed the MEC that he was offered his appointment letter by Dube on 27 January, a day after the council meeting. He also said that he had been appointed on secondment from Nquthu Local Municipality where he was serving as the municipal manager.

It was reported that councillors were confused when Mthembu began calling management meetings at the municipality as they were still under the impression that the council has yet to make a decision with regards to the appointment of an acting MM.

News of Mthembu’s appointment was later announced on the Newcastle Municipality’s Facebook page but EXCO members confirmed that no documents had been presented to the Council from Nquthu Municipality as proof that Mthembu had been released by his employers.

MEC Hlomuka said that Mthembu had not resigned as the Nquthu Municipal Manager at the time of his appointment at the Newcastle Municipality.

“Contrary to Mr Mthembu’s misrepresentation of the facts, he in fact had not resigned as the Municipal Manager of Nquthu Municipality at the time of his purported appointment as Acting Municipal Manager of the Newcastle Municipality. Therefore he could not be lawfully appointed as the Acting Municipal Manager of the Newcastle Municipality while concurrently holding the position of Municipal Manager of Nquthu,” said MEC Hlomuka.

Mthembu and Mayor Dube could not be reached for comment at time of going to press.