Council has resolved to extend municipal manager, Nhlanhla Mdakane’s contract for a further 9 months, owing to the timing of the local elections.
The decision was criticised by the Democratic Alliance as unnecessary and wasteful.
In the last council meeting for the current councillors, held on September 30, Mdakane’s contract was extended during an in-council item.
Mdakane’s contract runs for 5 years, most of which is concurrent with the local elected officials, although he is appointed by council rather than by election. He was appointed in 2014 with his contract being renewed in 2017.
The renewal contract ends on January 31, 2022.
“The reason for requesting this extension is in view of the fact that the recruitment process for the MM is a lengthy process which will require the approval of the new council that will come in from November,” KwaDukuza municipality (KDM) human resources director, Mandla Ngcamu told council.
Given that the new council will only meet for the first time in November, there would not be enough time to advertise and appoint a new manager by February 2022.
“Instead of not having a MM in place when there is a leeway to extend, let us rather extend the contract to allow the new council time for a recruitment process.”
There is scope for the extension of the manager’s contract to a time not exceeding 1 year after the new council is elected, per Section 57 (6) of the Municipal Systems Act.
In Mdakane’s case, that means his contract will extend until October 31, 2022.
It is not unusual for senior municipal officials to have their contracts extended, said municipal law specialist, Andy Horton.
“Typically the terms of senior officials are intended to run in line with the 5 year terms of elected officials. This is not always practical however, and it can often be difficult to dovetail the 2 terms together.”
The extension was questioned by Democratic Alliance councillor, Tammy Colley.
“I do not see any reason why the advert cannot go out now in October, with the decision being approved by the new council. If this is such a lengthy process then we have officials who could act in the role.”
She further added that it would save the municipality money to have someone acting in the role until a new manager was appointed.
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