“The appointment of the area co-ordinator in Touwsranten was a breach of the George municipal appointment policy,” Madonsela said.
“The appointment was accordingly unlawful, amounts to improper conduct, and as such constitutes maladministration.”
Madonsela investigated allegations that Botha did not comply with the Local Government: Municipal Systems Act and the appointment policy when he appointed P Buys as the area co-ordinator of Ward Four in Touwsranten.
The appointment was made on a temporary contractual basis for a six-month period which started in September 2011 and was indefinitely extended on a month-to-month basis.
It was alleged that the post was not advertised, selection and interview processes were not followed, the person appointed did not meet the requirements of the post, and there was political interference.
In her report titled “Out of the Blue”, Madonsela found that Buys only had a Grade 10 education and not a B-Tech Diploma in municipal management, as was required for the job.
“No evidence was presented to show that the incumbent meets criteria as set out under… the Employment Equity Act… and as such his appointment by the municipal manager is accordingly unlawful, amounts to improper conduct and as such constitutes maladministration,” she found.
On the allegation of political interference by the mayor’s office, Madonsela found that even though there was no evidence, the manner of the appointment lent itself to an investigation into the nature of the relationship that existed between Buys and the various people involved in his appointment.
Madonsela recommended that the municipal council not renew Buys’s monthly contract and that it ensure the position was permanently filled following the municipal appointment policy.
She also recommended that disciplinary action be taken against Botha.
“The Public Protector will require an implementation plan from the municipal council indicating the manner in which the municipality intends to implement the remedial action within 30 days after receipt of this report,” Madonsela said.
“[I] require a progress report within 30 days after receipt of the implementation plan.”