Durban — EThekwini municipal manager Musa Mbhele has courted another controversy after his apparent irregular appointment of an unqualified official.
He is alleged to have called for a review of the post’s description and requirements to suit the official who had been “unlawfully“ appointed.
Mbhele appointed Noluthando Magewu as acting head of Cleansing Solid Waste (CSW), formerly known as Durban Solid Waste, in December last year against the advice of the panel that included the deputy city manager for the department, Sibusiso Makhanya.
The appointment was necessitated by the resignation of the CSW head Raymond Rampersad in September.
Information exclusively obtained by the Daily News showed, Magewu, who was a project executive in Makhanya’s office, was scored second during an interview for the position of the Acting Deputy Head of CSW by the panel. But Mbhele allegedly insisted he wanted a woman in the position, and therefore overruled the panel and appointed her.
Mbhele reportedly appointed Magewu to act as CSW head without an interview for the position, according to the source. This prompted Makhanya to pen a long letter to Mbhele a few days after her appointment informing Mbhele that she was unqualified for the post. Makhanya’s letter, which the paper has seen, suggested that the appointment was irregular and partly read:
Dear City Manager,
I hereby acknowledge your email dated 9 December 2022 where in you appoint Ms Noluthando Magewu (Acting Deputy Head: CSW) to become Acting Head of CSW on a Responsibility Allowance (RA) (90%) basis for the period not exceeding three months … effective 14 December 2022. In terms of the Regulations of the Municipal Staff Regulations pertaining to the acting appointments in the Municipalities: (Annexure 1).
(4) a staff member may only act in a post that is equivalent to or one grade higher than the post that the staff member ordinarily occupies.
(7) In selecting a person to act in a post, the following must be considered:
(a) The relevant requirements of the post and the person’s performance.
Based on the above regulations the recommended employee in my interpretation of the regulation is not eligible for acting in the post of Head CSW for the following reasons:
Her substantive post of Project Executive (TK 17) is not equivalent to or one grade lower than the post of Head of CSW (TK22).
The letter further read:
The employee does not meet the relevant essential requirements of the post of Head CSW, which is a Relevant Bachelor’s degree (NQF Level 7/8) in the Environmental Sciences/Health or Built Environment profession and registration with the relevant body. (Annexure 2 / 3).
It must be noted that the core functions of this post are regulated in terms of the National Environmental Management: Waste Act 59 of 2008 as amended.
Furthermore, the newly approved Municipal Staff Regulations which came into effect on 1 July 2022 provide a framework which compels municipalities to comply with the minimum qualifications and experience for posts in occupational streams.
The minimum requirements are set by the Regulations for posts with a Waste Management core competency (Annexure 7).
Makhanya also reminded Mbhele that he had previously instructed him not to rotate the position of Acting Deputy Head for Strategic and New Development on a (3) months basis for the reason that “no meaningful impact can be attained with a person acting for (3) months.
Another questionable aspect of Magewu’s appointment was that she had just been appointed as Acting Deputy Head of the same department reporting to Acting Head Qaphile Gcwensa which Makhanya also raised in his letter.
Makhanya also reminded Mbhele that Gcwensa’s tenure as Acting CSW head was expiring on March 31, 2023, adding that the sudden appointment came while he had started a drive to introduce both Gcwensa as Acting Head Acting and Magewu as Deputy Head to CSW depots around the city.
“I am of the view that the instruction to appoint the Acting Deputy Head to the post of Acting Head CSW might undermine the current process and create unnecessary confusion among staff members we have already met.
“I have previously advised against appointing the very same candidate without following the due municipal process, which I duly appreciate that you did reconsider your decision at that time and the due recruitment process was followed (refer to attached (Annexure 6).
“I would also like to bring it to your attention that I have previously worked with the recommended candidate when she was employed by Cogta.
“All of us are under pressure to improve service delivery … we ought to be mindful of other important objectives which include minimising irregular conduct which might have an impact on the clean audit project. For this reason, Mphemba (Mbhele’s clan name), I request that you reconsider your decision.
“I am looking forward to hear from you, the above is just my advice, the final decision to appoint in line with council policies lies with you Mphemba omkhulu, Godide (praise singing) If need be, I am happy to meet you to engage on the matter,” Makhanya concluded the letter.
Makhanya declined to comment saying the matter was sub judice, as he was still pursuing it. The paper understands Mbhele and Makhanya will meet next week to further discuss the matter.
In his response to the Daily News, Mbhele defended his decision, saying he was unfazed by the relentless campaign to undermine his authority. He said the job description cited for Magewu’s unsuitability for the post has gaps and was under review.
Comments were also solicited from Magewu and Gcwensa but eThekwini Municipality spokesperson Msawakhe Mayisela said the duo had no further comment than that of the city manager.
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Daily News