Nelson Mandela Bay deputy mayor Gary van Niekerk has accused speaker Eugene Johnson of deliberately breaching the rules of order in respect of a key appointment.
Van Niekerk was referring to the council’s decision last week to appoint Bay chief financial officer Jackson Ngcelwane to act as city manager for 14 days.
At the council meeting, Van Niekerk tabled a report by mayor Babalwa Lobishe recommending that chief operating officer Lonwabo Ngoqo’s appointment as acting city manager be extended for a further six months, from April 30 to October.
Van Niekerk was acting as mayor at the meeting.
Ngoqo has just completed his second three-month stint in the post.
However, during a debate on the issue, an ANC councillor moved to amend the report, proposing that Ngcelwane be appointed to the position as an interim measure.
In a letter to Johnson, Van Niekerk noted the council’s amendment of the report’s recommendations and said despite his efforts as acting mayor, the speaker failed to adhere to the rules of order by not allowing him time to explain why the changes were unacceptable.
“In this regard, you will recall that when I tried to explain, many times, you told me to sit down or that it’s not relevant.
“As speaker of council, you allowed the amendments to the recommendations of the executive mayor’s report to be changed without my approval as the acting executive mayor, who had the full authority and powers of the executive mayor to act as the acting executive mayor.
“As speaker of council, you voted in favour and council approved the amended recommendations of the executive mayor’s report without my approval as the acting executive mayor,” Van Niekerk said in the letter.
The discussions around the appointment of an acting city manager were held behind closed doors, with various recommendations made.
However, in a leaked audio recording of the meeting, ANC councillor and infrastructure and engineering political head Buyelwa Mafaya recommended that Ngcelwane act in the position for 30 days, not exceeding three months.
ANC councillor Bongani Mani later supported the proposal to appoint Ngcelwane as acting city manager, but for a period of 14 days.
Several councillors, among them representatives of some opposition parties as well as members of the ruling coalition, agreed to the proposal.
During the 14-day period, Ngcelwane is tasked with requesting the Eastern Cape co-operative government department to appoint an acting city manager for three months.
In his letter, Van Niekerk accuses Johnson of not giving him reasonable time to explain why the amendments made by the council to Lobishe’s recommendations were not acceptable, so that his reasons could be reflected in the minutes.
“The [Municipal Systems] Act says that council cannot request the MEC to consider and approve an acting city manager for a period that exceeds three months.
“The act does not say that the MEC has no power or authority or that the executive mayor has no power or authority to write to the MEC to consider an acting city manager for a period that exceeds three months, [or] for the MEC to approve a request from the executive mayor for a period that exceeds three months.
“The executive mayor thus made sure that when council considered her report, it was compliant with the law as she did not ask council to make a request to the MEC of Cogta but to consider that the MEC’s approval was already given to council to approve,” Van Niekerk wrote.
He said Johnson’s noncompliance with the council’s rule of order had paralysed the council when it took an “illegal” decision to appoint Ngcelwane.
On Sunday, Johnson confirmed receiving Van Niekerk’s letter and said she would respond to him in writing on Monday.
“I did receive the letter, and in terms of the response to the deputy executive mayor, I will respond tomorrow.”
Follow The Herald WhatsApp channel today and stay connected to the stories shaping our world.
The Herald
