Divisions within the ANC caucus in Nelson Mandela Bay spilt onto the national stage on Wednesday, with mayor Babalwa Lobishe and speaker Eugene Johnson accused of being locked in a “cold war”.
At the heart of the reported standoff between the two is the appointment of an acting municipal manager.
The back-and-forth before parliament’s co-operative governance and traditional affairs (Cogta) committee revealed disagreements over council procedure, legality and whether mandates had been followed.
MPs warned that the uncertainty pointed to a political breakdown that risked undermining stability in the metro.
The impasse between the mayor and the speaker emerged after EFF MP Hlengiwe Mkhaliphi asked the Bay delegation appearing before the committee to clarify who was serving as the metro’s acting city manager.
During an April 30 council meeting, deputy mayor Gary van Niekerk tabled Lobishe’s report recommending that chief operating officer Lonwabo Ngoqo be appointed acting city manager for a further six months.
Van Niekerk served as acting mayor on Thursday while Lobishe was in Ekurhuleni.
During the meeting, an amendment was passed appointing chief financial officer Jackson Ngcelwane to serve as acting municipal manager for 14 days.
Ngoqo had just completed his second three-month stint as acting city manager.
However, Lobishe said Ngcelwane had rejected the offer to act as city manager and that she had appointed Ngoqo on Wednesday morning.
Portfolio chair Zweli Mkhize then asked: “Do we have a legally appointed acting city manager?”
Lobishe responded: “No.”
Mkhize then said: “So at the moment, since the time of the council meeting [on April 30], we do not have an acting city manager.”
Lobishe then confirmed this.
She then withdrew his appointment after being questioned about its legality.
Lobishe told the committee that she had requested a concurrence letter (the approval that must first be obtained for a council to finalise certain decisions) from Eastern Cape Cogta MEC Zolile Williams, for Ngoqo to act ahead of the council meeting scheduled for April 23.
However, Johnson postponed this to April 30.
“I’ve got a letter which I sought from the MEC,” Lobishe said.
“The Thursday before [April 23], the speaker postponed it to the last day of the month.
“So [the postponement] had a bearing on us taking the decision long before the last day of his acting appointment.
“I did seek concurrence from the MEC.
“The MEC agreed and said we must take the matter to the council because it was based on wanting to have stability in the office.
“The other reason is that when we last met at the end of March to deal with the acting appointment of Ngoqo, the council resolved that we must seek an extension from the MEC so that Ngoqo can remain in office for stability.”
Johnson disagreed with this.
“I must state it here that it is not about factions or a matter of personal like of [suspended city manager Noxolo] Nqwazi,” Lobishe said.
Eastern Cape Cogta acting deputy director-general Charity Sihunu said the metro had only two officials who could act as municipal manager.
“The MEC noted the contents and the motivation [from Lobishe] thereof and agreed on the provision that this is brought to the council and there should be approval of the council for a further acting period,” Sihunu said.
“But the MEC was specific to say, pending approval of the council, and that the council must take a decision and approve the further extension.”
Mkhize then asked Johnson whether she had received the concurrence letter from Williams.
“In council, there was a letter from the MEC requesting concurrence.”
Mkhize questioned whether the original report was not to appoint Ngoqo and then asked who changed the recommendation.
Johnson said the council changed the recommendation and had made an amendment.
“What happens when the mayor brings the item is that it is presented.
“The council debates the recommendations.
“Then the council decides whether it’s amending the recommendations or disregarding the recommendations.
“That is what councils do.”
Johnson said that during the debate, three issues were raised.
The council had not requested concurrence for an extension.
This meant the extension could not be granted.
She said allowing Ngoqo to continue acting would be unlawful.
As a result, Johnson said, the only remaining option was to appoint the CFO.
MK party MP Jeffrey Mtolo said the council never approved the concurrence sought by Lobishe to Williams.
“The concurrence request that went to the MEC didn’t come from the council.
“It came from the mayor, and then that concurrence request was never mandated by council, and that request was rejected by council.”
Mkhize then questioned whether the council was effectively dealing with a situation in which Lobishe had sought concurrence in advance for an appointment that was not mandated by the council.
Mkhaliphi repeated Mkhize’s question on when the item changed from Ngoqo to Ngcelwane.
“At what point does the speaker allow the council to change and remove the [COO] and to put a new item on the CFO to act?
“That is the grey area that we must be taken through.”
Budget and treasury political head Khanya Ngqisha then said that no report had been tabled regarding the appointment of the CFO.
“The rules of order of council are that if you are going to produce an item, it needs to come as a separate item so that council can decide on the matter.
“Moreover, if you are going to appoint any person, there need to be three CVs.
“It was a rush-rush arrangement.”
Getting an opportunity to respond, Lobishe said a council meeting in March had resolved that she approach the MEC for concurrence.
“Even if councillors on the 30th said no, in the meeting before last, they did accede to the extension, so I followed that.”
Johnson said there was no new item, but the request for an extension was debated and resolved to appoint a CFO.
“Secondly, because councillors indicated that this is an illegal act [to appoint Ngoqo]. We cannot do it.”
Johnson said there would be no minutes showing the council had agreed to an extension of Ngoqo’s term to act as no decision had been made.
“We could not do it. It’s illegal.”
Mtolo said the city had a political problem causing instability.
“I wonder if they sit and discuss issues as the mayor, speaker and chief whip under a troika.
“So I think actually you need to be honest before this committee.
“So if things are left like this, that metro will collapse because there seems to be a cold war between these two offices — the speaker and the mayor.
“You are fighting without actually telling us openly that you are fighting, you are at war.
“That metro will collapse.”
Mkhaliphi said the council should convene an urgent meeting on Thursday to deal with the appointment of an acting city manager.
“It’s true that they are fighting.
“There’s a faction of the mayor and a faction of the speaker, but it does not help the people of Nelson Mandela Bay.”
Mkhize recommended that Williams intervene and second someone to act as city manager.
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