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NMB – The City With No Mayor and No City Manager

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Dear MyPE

The draft budget for 2020/2021 and IDP for Nelson Mandela Bay Municipality was today, 15 June 2020, noted during a chaotic council meeting attended by an unlawfully appointed and unqualified Acting City Manager.

The virtual council meeting was not attended by the Democratic Alliance (DA). However, Mr. Mvuleni Mapu was in attendance, in the capacity of Acting City Manager.

Mapu was unlawfully installed in this position last week by Deputy Mayor, Cllr Tshonono Buyeye, after he removed then Acting City Manager, Ms. Noxolo Nqwazi, from the position.

On 5 December 2019, a resolution of Council was taken where the delegated authority of the Executive Mayor and his Mayoral Committee to appoint a City Manager, be it acting or not, was specifically rescinded.

Section 54A of the Local Government: Municipal Systems Act, 2000 states:

(1) The municipal council must appoint-
(a) a municipal manager as head of the administration of the municipal council; or
(b) an acting municipal manager under circumstances and for a period as prescribed.
(2) A person appointed as municipal manager in terms of subsection (1) must at least have the skills, expertise, competencies, and qualifications as prescribed.

Mapu’s appointment as Acting City Manager has not been approved by Council and therefore all decisions taken by him can be seen as unlawful and open to legal scrutiny.

Allegations of misconduct and impropriety levelled against Mapu are also still not tested and he does not possess the necessary skills, expertise, competencies, and qualifications the legislation prescribes for an acting City Manager.

I have written to the Minister for Cooperative Governance and Traditional Affairs (CoGTA), Nkosazana Dlamini-Zuma, and the Eastern Cape MEC for CoGTA, Xolile Nqatha, to urgently intervene and address Mapu’s unlawful appointment.

Furthermore, the Deputy Mayor has been acting as the self-styled “Interim” Mayor since December 2019.

The Municipal Structures Act clearly states that filling of a mayoral vacancy is obligatory and therefore council is prescribed by law to elect a Mayor. All decisions taken under an Interim Mayor can, therefore, also possibly be seen as unlawful and subject to legal scrutiny.

The DA wrote to Minister Dlamini-Zuma regarding this and last week she instructed MEC Nqatha to investigate this matter and report back to her within 7 days on how the vacancy of Mayor is to be filled.

The DA will hold the Deputy Mayor and Mayoral Committee responsible for all losses the Metro suffers during the reign of an unlawful “Interim” Mayor and unlawful Acting City Manager.

Regards

NMB Cllr Nqaba Bhanga
DA EC Provincial Leader

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