A team from the Eastern Cape co-operative governance department has been deployed to Nelson Mandela Bay to bring administrative stability and improve service delivery, but some coalition partners are not happy with the acting city manager’s age.
Ted Pillay was appointed acting city manager, while Lonwabo Ngoqo was appointed acting chief operating officer on Tuesday.
The move has caused controversy, as Pillay turns 66 in August, and coalition partners argue the compulsory retirement age for public servants is 65.
Co-operative governance MEC Zolile Williams announced the appointments.
Two other officials will be deployed to assist in the infrastructure and engineering department and supply chain management unit.
Pillay and Ngoqo have been appointed for six months.
At a media briefing, Williams insisted the appointments were final as the council had requested assistance.
He made the appointments under Section 154 of the constitution, which requires national and provincial governments to support and strengthen municipalities in managing their affairs, exercising their powers and fulfilling their functions.
However, Section 54 of the Municipal Systems Act states that a council must appoint a city manager or an acting one.
Only Section 139 of the constitution allows for unilateral intervention.
“We have been [involved] in Nelson Mandela Bay for the past six months when we deployed Mandla George as acting city manager with clear terms of reference to be fulfilled within the period promulgated,” Williams said.
The city has been without a city manager since Noxolo Nqwazi was suspended in October 2023.
She is accused of breaching the Municipal Finance Management Act and Municipal Systems Act.
Former COO Christopher Dyani resigned, with his last day of work on Monday.
In July 2024, Williams seconded George to act as city manager.
A secondment agreement for George was only tabled in October and passed behind closed doors.
“He was not going to act permanently since we requested six months from his employer,” Williams said.
He said they had searched their databases for qualified officials but were surprised about the interest in who would be appointed acting city manager.
“I am unsure if this interest is linked to service delivery or based on business or political interests.
“I want to believe the metro can deliver services to bring back faith and hope to communities.”
Williams said he was concerned about the R159m loss in the regional bulk infrastructure and urban settlement development grants due to under-expenditure.
“It is treasonous with water challenges and housing backlogs, funds are unspent.
“We engaged national government to allocate funds for the city’s disaster management.
“However, the funds have yet to be spent while communities suffer.”
He said these shortcomings prompted the department to send a team to assist the municipality.
“In this regard, we are deploying Pillay as acting city manager for six months starting today to turn the situation of this municipality around.
“We’ve also decided to deploy Ngoqo as COO for the same period.”
Williams said their work included:
- Restoring administrative stability;
- Ensure sustainable water provision;
- Ensure energy efficiency and provision;
- Road infrastructure maintenance;
- Prioritising housing provision;
- Speeding up infrastructure expenditure;
- Speeding up the implementation of all projects;
- Fill vacancies of senior managers; and
- Assist in wrapping up disciplinary cases.
The deployment follows the council’s request to Williams to assist the metro in selecting a suitable candidate to take over the reins from George.
He said the officials were to have no political alliances while working in the city.
After the briefing, EFF councillor Khanya Ngqisha said he did not support the appointments as there were unanswered questions related to the process.
He said the government of local unity was meant to be consulted before the appointments were made.
The ANC (48) is in a coalition with the EFF (8), AIC (1), AIM (1), PAC (1) and DOP (2).
After being sidelined, Ngqisha said the party would decide whether to support or oppose the appointments.
“If you look at the council resolution, after the MEC has decided on the type of support, it must still come to council for approval as was done with Mandla George, though it was conducted retrospectively.
“As council, there are various questions that we need to understand like the age of the person they have brought as the acting city manager because we know that legally, a public servant can’t be above the age of 65.”
AIC councillor Thsonono Buyeye said they welcomed the appointments but required clarity on Pillay’s age.
“Coming out of the press conference was the issue of the age of the acting city manager.
“We will have to verify the explanation that was given because public service regulations apply to a person even if they are acting, and it states that the maximum age to appoint a public servant is 65.”
PAC councillor Bassie Kamana said they supported the move.
DOP councillor Bongekile Mankahla welcomed the appointments.
“We asked for intervention, so through their guidance, we hope they have brought people who will be proactive and assist us to improve the delivery of services.”
When asked whether the appointments required the council’s approval and what would happen if they were rejected, Williams said the matter would be presented to the council for noting, but his decision was final.
“The MEC’s decision on the appointment is final.
“They will run the appointment process when appointing a city manager.
“They requested me to intervene, so I triggered Cogta’s appointment processes.
“I did not wake up and trigger Cogta’s processes.
“It would be funny if the council says they don’t want these people when they wrote to me.”
Regarding Pillay’s age, Cogta head of department Vuyo Mlokothi said it was not a concern, as his employment would be temporary.
“The age matter does not factor in these positions because the acting city manager is only appointed for six months and not five years.
“He is here for his skills and expertise and will soon be gone.”
Ngoqo was appointed city manager by the Bay council in 2022, but the decision was later overturned and ruled invalid by the court.
At the time, his appointment caused ructions among political parties and even led to the DA calling off talks for a new coalition.
The party opposed Ngoqo’s appointment because he had been fired as the Bitou municipal manager in 2012 after he was found guilty on four charges of misconduct when the municipality paid R23m for a piece of land valued at only R2.4m.
He was then hired as the municipal manager in 2019, but the Labour Court and the Labour Appeal Court later overturned his appointment.
Western Cape local government MEC Anton Bredell took him to court, arguing that his appointment was irregular due to a 2012 misconduct finding against him.
Pillay is a former Sarah Baartman municipal manager.
The Herald
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