Debate rages as KwaDukuza municipality appoints executive director amid criticism
KDM confirmed that 35 applications were received, of which eight were shortlisted before Nxumalo alone was recommended to council.
The appointment of a new executive director at KwaDukuza Municipality (KDM) has drawn significant controversy.
Thembela Nxumalo recently took up the executive director of Civil Engineering post, left vacant since Muzi Sithole resigned early last year, and officially began work on May 2.
But the process for filling the role, which took 13 months since the post was advertised last year, has been mired in controversy for months.
Opposition parties have made accusations of intentional delays in the hiring process, while Nxumalo’s competency level for an executive director position has also been questioned.
“The Democratic Alliance (DA) in KwaDukuza has noted with concern that despite Salga [the South African Local Government Association] and Cogta [the Department of Co-operative Governance and Traditional Affairs] cautioning against the appointment of Thembela Telford Nxumalo as ED for Civil Engineering, the ANC caucus supported the deployment of a cadre who possesses the bare minimum in terms of competency,” said DA caucus whip and Ward 22 councillor, Privi Makhan.
The DA further questioned whether Nxumalo was registered with the Engineering Council of South Africa, while ActionSA also registered their opposition.
“While recognising the necessity of filling crucial vacancies within municipal departments, ActionSA vehemently opposes the utilisation of ANC-based cadre deployment tactics in such appointments,” said ActionSA caucus whip, Sipho Zungu.
He raised the fact that Nxumalo achieved the lowest possible score on his competency assessment, while also alleging his work experience was misrepresented to council.
KDM denied that anything underhanded took placed during the hiring process, calling accusations “frivolous” and a result of election campaigning.
“The fact is that Nxumalo is a young and seasoned professional who holds a Bachelor of Science Degree in Civil Engineering coupled with over 20 years of experience as a practitioner and as a senior manager both in the private and public sector,” said KDM spokesperson, Sphelelo Ngobese.
“It must be placed on record that in his previous occupation, he served in an equivalent position as the executive director for Civil Engineering responsible for infrastructure, planning and development at eMfuleni Local Municipality, a post he held since 2022.”
Ngobese further indicated that registration with a professional body is a non-factor if municipal requirements are met, while confirming that Nxumalo’s competency level was assessed as ‘basic’.
A basic competency assessment is the lowest of four competency levels for senior managers as laid out in the Municipal Systems Act, the others being ‘competent’, ‘advanced’ and ‘superior’.
Nevertheless, Ngobese said the assessment level did not preclude KDM from hiring Nxumalo, referencing Salga’s advice that “caution should be applied” when hiring someone of basic competency.
“The incumbent is able to apply concepts, methods and understanding of local government operations, but requires a development plan,” said Ngobese.
“This has been the advice that was brought before the council and that the incumbent will be given an opportunity in a form of a development plan to improve areas where they could be lacking.”
Caution is only one half of what the Municipal Systems Act actually says, however.
“Individuals falling within the basic range are deemed unsuitable for the role of senior manager, and caution should be applied in promoting and appointing such persons,” reads section 6.1 of Annexure A in the Local Government: Competency Framework for Senior Managers chapter of the Act.
The advert for the role published last year did not list a specific competency level as necessary and said that an appointed individual would have 18 months to meet the “minimum competency levels in unit standards”.
KDM confirmed that 35 applications were received, of which eight were shortlisted before Nxumalo alone was recommended to council.
Delays in the appointment were pinned on stringent vetting processes, the busy schedule of the mayor, consultations with Salga and Cogta and back and forth referrals to council.
The civil engineering business unit is generally responsible for infrastructure development and maintenance, while also overseeing the R1.2-billion flood repair grant issued to KwaDukuza in 2022.
It is one of the biggest and most important units in a given municipality.
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