ALBERTON – Controversy over the 2012 appointment of the Ekurhuleni municipal manager, Khaya Ngema, has erupted following the August 27 council meeting.
While the case being brought against Ngema is a year old, it bears significance today, as the recently released High Court judgement on the case could plunge the municipality into administrative turmoil.
The conflict stems from a case that was brought to the Gauteng Division of the High Court of South Africa in June, last year, claiming that Ngema’s employment was terminated in May, 2012, and that all decisions taken thereafter are invalid and unlawful.
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Results of the High Court’s judgment were issued on Wednesday, August 12, 2015.
The basis of the case is rooted in a council decision to extend Ngema’s employment contract in September 2012. Municipal managers’ employment duration is dependent on the dates of the council elections.
According to the Municipal Systems Act, the length of employment of a municipal manager may not exceed a period of one year after the council elections. Elections were held in 2011 and, instead of advertising the position in 2012, the council decided to extend Ngema’s employment contract.
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The High Court ordered that Ngema’s employment had been terminated on May 17, 2014. Furthermore, the judge decided that the council’s decision to extend his employment was not compliant with the Municipal Systems Act.
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The MEC for Local Government and Housing in Gauteng, Ntombi Mekgwe, was directed to decide in 14 days whether to take steps to force the EMM to comply with the orders of the court.
The effects of judgment could put all the decisions signed off by the municipal manager into question and invalidate all the choices he has made as municipal manager since 2012.
