Acting MM appointment deemed ‘unlawful’

The appointment of Sthembiso Mthembu as the acting municipal manager at Newcastle Local Municipality has been declared ‘irregular, invalid and unlawful’ by Cogta (the Department of Cooperative Governance and Traditional Affairs) MEC, Sipho Hlomuka.

In a letter addressed to Newcastle mayor, Xolani Dube, Hlomuka warns that should the need arise for him to turn to the court to have the decision to appoint Mthembu nullified, a cost order will be sought against each and every councillor who voted in favour of the decision.

The appointment of the acting municipal manager was first deliberated by council in a meeting convened on January 26. Councillors who were present at the meeting, which was closed to the media, said it went on until close to midnight without the appointment of the acting municipal manager being finalised.

Mthembu, however, is alleged to have assumed office as the acting municipal manager while the meeting was still underway and even issued a letter uplifting the suspension of the manager in the office of the mayor, Melusi Ndima, in the capacity of acting municipal manager that very day (January 26).

Mthembu and Ndima were colleagues at Endumeni Local Municipality not long ago.

Mthembu was employed as the Corporate Services Director at Endumeni Local Municipality at the same time that Ndima served as the manager in the office of the municipal manager in that municipality.

Ndima resigned in 2019 while a disciplinary procedure against him was underway, and Mthembu resigned at around the same time.

The letter from Cogta reveals that Mthembu informed the MEC that he was offered his appointment letter by Cllr Dube on January 27, following the council meeting which took place on January 26.

Mthembu further stated that he had been appointed on secondment from Nquthu Local Municipality where he serves at the municipal manager.

However, an item for discussion on the secondment of Mthembu to Newcastle appears on the agenda of a special meeting of the Nquthu Council which is only scheduled to take place on Tuesday (February 8).

Several councillors said they were confused when Mthembu began calling management meetings at the municipality as they were under the impression that the council was yet to make a decision in this regard.

They were further taken aback when he announced his ‘appointment’ on the on Newcastle Municipality’s social media platforms. Members of Newcastle’s Executive Committee (Exco) confirmed that no documents had been presented to the council from Nquthu Municipality as proof that Mthembu had been released by his employers.

In his letter to Dube, Hlomuka explains that, further complicating the matter, is the fact that Mthembu later stated that he had resigned from his position as the municipal manager of Nquthu.

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

The matter will be discussed by the Newcastle council at an urgent meeting which takes place on Monday (February 7).

Mthembu declined to comment, saying that the acting municipal manager is appointed by the council through the office of the mayor and he therefore, felt that it is the mayor’s responsibility to provide clarity on his appointment.

Cllr Dube could not be reached for comment at the time of publishing.

Full story in this week’s Northern Natal News supplement in Caxton Community Newspapers.

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