Uncertainty over acting MM

By Emily Setona

QWAQWA – The Maluti-A-Phofung Council has resolved to act on the directive of the MEC of the department of corporate governance and traditional affairs (COGTA) in his letter that he wrote to the municipality informing council that the appointment of Sam Makhubu as acting Municipal Manager (MM) makes the municipality non-compliant.

According to the chief whip of council Moeketsi Lebesa the issue of the municipality’s non-compliance when it comes to the appointment of acting MM Makhubu as stated in the MEC of COGTA’s letter to council, depends on whether the proper procedure was followed especially when it comes to the issue of time frames.

“The Municipal Structures Act states that a person can be appointed as acting MM for a period of three months but once those three months are over and the position hasn’t been filled, the mayor must write a letter to the MEC requesting an extension, while the municipality follows the proper procedures to fill that position. Should the MEC contest the matter for whatever reason he must write a letter to the municipality within 14 days after the appointment of the acting MM,” Lebesa said.

On the issue of Sam Makhubu’s second appointment as acting MM, there was a cooling period before he was reappointed as acting MM on the June 23; that is why council requested clarity on the contents of the MEC of COGTA’s letter and opted to seek legal advice during the first council sitting which discussed this matter, because Makhubu has not been acting for a little over a month.

During the second council sitting to further discuss this matter executive mayor Gilbert Mokotso stated that his office had written a letter informing the MEC of COGTA of their appointment of Makhubu.
Council requested the mayor to produce the said letter so that they could determine whether the MEC of COGTA’s letter was sent within the 14 days that the law requires after being informed by the municipality through Mokotso’s letter.

This turn of events caused council to resolve that the contents of the MEC’s letter is indeed valid and should be considered because non-compliance is very bad for the governance and administration of the local municipality.