An appointment letter for Nelson Mandela Bay’s fleet management deputy director, Mbulelo Velemani, was dated six days earlier than when the municipality’s selection committee formally made its recommendation in a recruitment report sent to the metro’s transport boss.
The anomaly is before the bargaining council, which is reviewing the selection process after a formal complaint by another official.
An appointment letter signed by corporate services executive director Nosipho Xhego, confirming Velemani’s appointment and dated October 29, is among the documents submitted to the bargaining council following a dispute lodged by fleet management monitoring and acquisitions head Zukile Magongo.
However, the recruitment report recommending Velemani over two other candidates was sent to the municipality’s transport head, Givon van Eyck, on November 4 — nearly a week after the October 29 appointment letter for Velemani.
He signed the acceptance of appointment form on November 28, contingent upon salary negotiations.
The acceptance of the appointment form also references the October 29 appointment letter.
Magongo is seeking to have himself appointed to the position.
He was removed as acting deputy director of fleet management in June 2024, after a three-year stint in the post.
The matter was partly heard last week.
Velemani started working on December 1.
Xhego, when contacted, said the date on the October 29 letter was likely an error.
“The date on the letter of appointment/offer must have been an error, noting that Velemane accepted the offer in November.”
Xhego said she had tried to get more details from an HR practitioner and would only be able to confirm more details on Friday.
When contacted, Velemani alluded to the fact that it was before the bargaining council.
However, he said the municipality’s communication department would be able to respond.
When asked again whether he was aware that the matter was before the bargaining council, he said the questions amounted to harassment and warned that he would take action against both the reporter and The Herald.
Municipal spokesperson Sithembiso Soyaya did not respond.
Magongo’s lawyer, Chris Unwin, confirmed the matter was with the bargaining council.
“We feel there was an unfair legal process that happened,” he said, declining to comment further.
Documents before the bargaining council reveal how the selection panel was constituted, with former acting city manager Mandla George and infrastructure and engineering acting executive director Joseph Tsatsire among those who participated.
The municipal recruitment, selection and retention policy states that the interview panel for employees ranked lower than Section 56 managers must include the corporate services director or a proxy, two representatives from the recruiting directorate and one HR practitioner.
The selected candidate from the panel is then submitted to the executive director of the directorate, who forwards the final recommendation to the office of the city manager.
According to the letter sent to Velemani by Xhego, his final appointment was subject to the completion of a six-month probation starting from December 1.
When asked why he was part of the selection panel, George said the recruitment of staff was ultimately the responsibility of the accounting office.
“The responsibility to hire administratively rests with the accounting officer, and he delegates that to the other layers of management, so nothing is irregular when the accounting officer exercises his responsibilities to which he is accountable,” he said.
“Please note as well that at that time, I had a project plan.
“I discussed and agreed with organised labour in that department to work with them and [Tsatsire] to prioritise the filling of management vacancies and stabilise the fleet department.
“That, I am comfortable, has been done to a greater extent,” he said.
He referred further questions to Xhego and acting city manager Ted Pillay.
Tsatsire did not respond to questions.
In his affidavit, Magongo said he was unfairly discriminated against during the selection process.
“The dispute relates to an alleged unfair labour practice dispute relating to promotion, where I was not shortlisted and the second respondent [Velemani] was the successful candidate and incumbent in the position,” he said.
Magongo was one of the 62 applicants. He was removed from the position in June 2024 by retired roads and transport boss Yusuf Gaffore.
His removal came a week after union-led workers protested at City Hall, alleging Magongo failed to fill vacancies and pay service providers.
Municipal and Allied Workers Union (Imatu) shop steward Edward Khonazphi sat on the panel as an observer.
He refused to answer questions about the panel.
“Before I became a union representative, I was employed by the municipality.
“Please stop sending me messages. I will block this number,” he wrote.
Samwu shop steward Mbulelo Tshotyane, another observer, referred questions to regional secretary Siphokazi Lobishe.
She said no report had been submitted to the union during the hiring of Velemani.
“In any case, even if we had objections, we are usually informed that this is an HR matter, and it is only when it is taken up further in a dispute that we make inputs,” she said.
The Herald
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.